John Karas

Trial attorney (not merely a negotiator). Criminal defense (misdemeanors and felonies), Civil (personal injury) and Appellate (criminal and civil). Worked on the defense team for then San Diego Mayor Roger Hedgecock. Written successful briefs and oral argument in both Civil and Criminal Appeals.

Specialize in Criminal Defense cases up to and including trial.

• Criminal Law
• DUI & DWI
• Domestic Violence
• Cannabis & Marijuana Law
• White Collar Crime
• Personal Injury
• Products Liability
• Civil Rights
• Insurance Claims
• Appeals & Appellate

• Free Consultation
  30 minutes devoted totally to your case (not your financial information like most lawyers/law firms).

California

Since 1984

California

Federal Circuit

Since 1984

San Diego State Univ

Undergraduate Degree

California Western School of Law

Law Degree

California State Bar  # 115833

Member

1984 - Current

Q. Can I get my deductible back after a car accident, and my kids' car seats replaced?

25 September 2020

A: I hate to sound like a certain attorney on Justia who responds to all questions with "more info needed" but in this instance more info is needed. Were police summoned and a report prepared or did you and the other driver merely exchange insurance information and leave the scene of the accident? Were there any witnesses to the accident besides yourself and the other driver? Would your claim be limited to only property damage or were there any personal injuries to yourself, other occupants (if any) in your vehicle? Did you merely submit a 1st party claim to your own insurer or make a 3rd party claim directly to the other driver's insurer and simply rely on what your insurer said that the other driver's insurer said that its insured was not at fault? A 3rd party claim made by you or an attorney on your behalf to the other drivers insurer is still be a viable option. I ask because Small Claims court is the LAST PLACE you want you case adjudicated. Commissioners (lowest judicial officers) preside over Small Claims and often do not give the Plaintiff (in this case you as you would be the one suing for recovery of damages) sufficient time to put on their case and don't consider evidence properly. If you simply want to recoup your 1K deductible and other amounts for your 2 broken car seats your own insurer won't "pay full freight", your insurer would not have subrogation rights. More, importantly, if you lose you do not have the right to appeal. I suggest you contact traffic accident lawyers in your area (unspecified, the question only says you are located somewhere in California and as you know California is a big state) who are also knowledgeable re: Insurance Bad Faith (IBF) for a free consultation. Have all your paperwork (including your full insurance policy and other evidence) ready to discuss with an attorney. Based on the limited facts and low dollar potential, most attorneys would not take your case on a contingency fee basis but you might have a "diamond in the rough" 1st party IBF case if your insurer did not vigorously pursue your claim with the other driver's insurer or has a "custom and practice" of low balling its insureds (meaning you and countless others). Good luck.

Q. My grandpa had a successful foot operation and the day he was to be released from hospital we get a call saying he died

25 September 2020

A: I generally agree with Mr. Light's response. If, as you said, your grandfather had foot surgery and he much later (1-2 days later) went into cardiac arrest due to post-surgery complications, some attorney's have sufficient medical knowledge to make an assessment (without expensive medical record reviews) whether the hospital, its staff, attending physician did not properly treat your loved one leading to his untimely demise (death). A thorough autopsy will be required (not just by the county coroner) so take proper steps to preserve his remains (no burial or cremation). Be aware that you and other relatives who wish to participate in a wrongful death action, there is a statute of limitations (generally 1 year) to file a lawsuit against medical professionals (doctors, nurses, etc.). Also, if the hospital is run by the County or other public entity (state or federal), a pre-lawsuit Notice Government Tort must be given within 6 months of your discovery of the death.

Q. In California, Expunging arrest if the DA did not file charges to avoid showing up in a background check?

12 September 2020

A: Ms. Hixon is correct.