California Personal Injury Legal Questions

Dear Derric, if you have an attorney your attorney would file this for you. If you need assistance you are welcome to contact our office with more information we would need to review your case to determine whether a entry of default would be an appropriate action to take. Since personal injury cases are typically taken on a contingency you would typically have an attorney represent you for a percentage of the case. However, if you are looking for limited scope representation where you file the paperwork pro per (without an attorney) you might be able to obtain this from a lawfirm after a complete evaluation of your case for an hourly rate or flat fee.... Read Answer

Filing fees can be obtained on the court's website where you would file your lawsuit. Sometimes fee waivers are awarded. You will have to have the paperwork served on the defendants (you can research the rules to make sure it's done properly by someone other than a party to the case or hire a process server who would usually charge around $150-$300.00). Then, charges for medical reports would be according to the facilities where you sought treatment, you can call and request how to obtain the medical records and their pricing. A police report is usually around $40-$50.00. Witness experts vary but you can research that online. Mediation is typically priced by the mediator who can vary from $200-$1,000.00 or more per hour. Mediation will generally be charged for 1/2 day or full day. Some of the other costs you have requested appear to be costs paid to attorney's who are responsible for the case.... Read Answer

As someone with a similar condition, I sympathize with your husband's situation.  In California, an employer with 5 or more employees is required to make reasonable accommodations for an employee's disability or chronic medical condition unless doing so would pose an undue hardship for the employer. The employer is also required to engage in an "interactive good faith process" to determine an appropriate accommodation, and a failure to engage in this process can, itself, be grounds for a lawsuit. The duty to engage is an ongoing duty as well, meaning the employer cannot just engage once and then wash their hands of the situation.  From what you described, it does not sound like the employer is engaging in an interactive, good faith process. Having said that, degenerative conditions are tricky because it is often difficult to prove that the condition is worsening because of a specific cause or just getting worse on its own.  You would need expert testimony to establish this.  What is a more likely scenario, I am sorry to say and having handled many cases like this, is that the employer ignores the doctor's light-duty orders, falsely claims undue hardship, and your husband then suffers a more frank, serious injury such as a fall, etc.  If your husband's employer has an employee manual, review it and see what it says about requesting accommodations.  Request accommodations in writing.  Get the specifics of what to ask for from the doctor, but don't just rely on the employer communicating with the doctor while you are left on the sidelines.  Be proactive.   If the employer refuses, does not offer reasonable alternatives, strings this along, contact an attorney in person right away who can advise you about filing a complaint with the Department of Fair Employment and Housing, obtaining a right to sue letter, and filing a civil action.  Here's a good website about the reasonable accommodation process in California.... Read Answer

This sounds like a very scary situation.  However, it is a more common occurrence than you might think.  Homeowners across the country have reported "exploding" shower doors made by various manufacturers. There is an interesting article about this phenomenon here. There does not appear to be a specific, known cause for glass doors suddenly shattering, so liability may be difficult to establish. Most injuries from these events are relatively minor, and it sounds like that was the case with your daughter, thankfully.  If she has medical bills, the facility where this occurred likely has medical payments ("med-pay") coverage that would reimburse you for medical costs up to a certain dollar amount regardless of whether the facility is at fault or not.  You should open a premises liability claim with the facility/their insurance and ask what med pay coverage is available.... Read Answer

You are entitled to receive a copy of the fee agreement; however, just because you did not receive a copy after the first meeting does not necessarily mean you are not legally bound to pay for the lawyer's services if he does work for you.  You may not have intended this interpretation, but your message strikes me as interesting, to say the least.  You just visited with the lawyer on the same day as your message, and you are already questioning the legitimacy of the attorney-client relationship and your obligation to pay the lawyer should you prevail.  You also characterized the transaction as "he made me sign a paper," though you don't elaborate on how he "made" you sign it.  If you are uncomfortable with what transpired with this attorney, as the client, you are certainly free to terminate the relationship without giving any reason for doing so.  You are not free to engage the attorney to perform work for you and possibly advance his own funds as costs to settle or litigate your case, and then not pay him even though you prevail, just because you did not receive a copy of the fee agreement after the first meeting.  Have you asked for a copy?  If you plan on working with this attorney, you might want to start there.... Read Answer

In California, there is a legal principle known as the "shopkeeper's privilege."  It is a limited right to detain a person suspected of shoplifting.  I stress that this privilege is limited, meaning that the detention must be carried out in a reasonable manner.  Generally speaking, what constitutes reasonable manner will depend on the facts of each case, but resorting to physical violence is not likely to be viewed as reasonable when the son (whether or not he was an employee) could have gone inside and called 911.  You likely have a civil and criminal case of assault and battery.  Crucial to the outcome of this situation, however, is whether you have the video?  If you don't, then it becomes a credibility contest between you and the son/shopkeeper.  Did you file a police report?  Anything that documents contemporaneously what happened?  If you don't have the video, and I suspect you don't, the likelihood of it still being around is slim, as many businesses like the one you described recycle their video.  It depends on what type of system they are using and how sophisticated a place it is.... Read Answer

You very well might have a case against Sonic.  My concern would be whether you kept the plastic piece, have receipts showing you purchased the burger, or other evidence to prove your claim.  Also, how serious are your injuries?  Did you have to seek medical treatment?  Realistically, for an attorney to get involved in this type of personal injury case, you would need to demonstrate more than just minor injuries.  ... Read Answer

There is already a class action pending that has been filed in the Northern District of California federal court by other, similarly situated parents. You can read about it here.  You may choose to join the class or "opt out" and file an individual lawsuit, but there are strict procedures that must be followed. Typically, you should not opt out unless you are planning to file an individual lawsuit. Let me know if I can be of any other assistance.... Read Answer

When you are involved in an automobile accident in California and you don't have insurance, your right to receive damages is severely limited.  You are entitled to recover economic damages, like property damages, lost income, medical expenses, but you cannot recover "noneconomic damages," such as pain and suffering.  It does not matter if the accident was not your fault because all drivers are required to carry auto insurance.... Read Answer

Hello, You should hire an attorney to help maximize your settlement. The insurane companies like to take advantage of unrepresented parties and offer them low ball settlements. Depending on how severe the bites are and how it affected your mother, you should be able to recover for your medical bills as well as future treatment and pain and suffering. Make sure that you are not leaving any money on the table by hiring an attorney. Thank you... Read Answer

If you have been served with a complaint seeking damages, you should absolutely consult with a lawyer in person or over the telephone, not here.  If you do not answer a complaint in a timely manner, the plaintiff can obtain a default judgment against you, provided the plaintiff meets certain procedural requirements.  ... Read Answer

Hi Diana..This is a guess, but usually, lawyers drop cases when either no insurance coverage exists, no real injuries occur or where liability is lacking. The first two dont apply as you suffered a real injury and the House of Blues must have excellent insurance coverage, which leaves the third reason. My guess (and its only a guess) is that counsel felt that liability does not exist. In order for a propery owner to be liable for this type of fall, they have to be on notice of a dangerous condition on their premises that they should have forseen could cause this accident and also that they failed to take steps to remove that dangerous condition. What caused your fall? Was there lack of lighting? Were there no handrails on the stairs? Had you been drinking? Were you wearing high heels? More facts would be needed to determine the issue of liabilty. Contact to discuss. ... Read Answer

Marriott hotels may have provided in your reservation documents that a hotel guest who was injured, arising from the hotel staff’s negligence, can sue in the courts in the USA. You should have counsel review all your rental room paperwork to ascertain whether suing here is viable. Good luck. ... Read Answer

I suggest you hire a personal injury attorney immediately. You shouod not be speaking or giving statements to the drunk drivers insurance carrier. I have been involved in the insurance claims industry since 1987 when I started with Allstate Ins Claims. I have represented thousands of auto accident clients since 1999. You need to move quickly. Regards, Castillo & Associates. www.castillolaw.us     ... Read Answer