California Personal Injury Legal Questions

The likelihood of obtaining a positive jury verdict depends on many factors such as the facts of your case, proving that the owner had a dangerous condition and knew about it before or should have known about it and failed to correct the dangerous condition in tome; your likability, your injuries; your previous medical history, etc.  if you have a criminal conviction (felony) the defense may be able to get it into evidence, but it doesn't necessarily mean you will lose the case.... Read Answer

If the state agency involved determines your were negligent in approving the sale, they would fine the owner of the store who would then likely fire you. If it was a reasonable mistake, your boss may or may not get upset.? In the future, if you have to ask anyone to identify their age, be sure to get as much information as you can and write it down; if you are unsure, tell the customer that and therefor you can not sell to them without more information.... Read Answer

Definitely not if you are a plaintiff. While it should probably be questionable, insurance attorneys are able to settle their "client's" case without getting approval because none of their client's money is involved. An insurance company, however, would never settle with the plaintiff's attorney; they know a settlement must be with the plaintiff themselves. An attorney who settles without his plaintiff client's approval should be reported to the State Bar.... Read Answer

The only one he can call is the police. No one else has any power to stop her. If he documents what she is doing, then there would be no reason for the police to not believe him. What happened years ago with the police is totally irrelevant.? Some people complain but are never willing to take any action; he may be like that [why did you have to ask the question instead of his doing something?... Read Answer

In California, lawsuits for personal in juries must be filed within 2 years from the date of the injury [unless person agreed to pay you]. So it appears you are too late to sue.? If you get him to promise to pay you something [get it in writing if you can], then you could sue for breach of contract with the damages being what he promised to pay.... Read Answer

I do not understand why the insurance company included her on your policy if she is the only owner and driver. You would have no liability since you have no control over the vehicle. But she is uninsured as your insurance company will reject any claim made by or for her and will not return any additional premiums paid.... Read Answer

Since you were at work in public view [or at least view of your co-employees], you had no expectation of privacy so you could be videotaped. You might be able to successfully claim that the video was posted to injury you, especially if the commentary accompanying it is derogatory. But you would have to show that people who know you saw the video and developed a negative attitude toward you, unless you can prove actual malice, which normally is difficult to prove. Make a written demand, explaining why in a calm statement, of the person who posted it and the web site that hosts it.... Read Answer

Speak to an attorney who handles such cases, but your injuries may have been too minor for an attorney to want to handle the case. You can always sue by yourself in Small Claim Court. Most attorneys will give free initial interviews of 15-20 minutes to determine if they want to handle your claim.... Read Answer

Sure. Police officers rarely actually see the accident happen. They draw a conclusion from what the two drivers and any other witnesses say and the physical evidence and decide whether to give anyone a ticket. That the officer gives one driver a ticket after that driver has left the accident scene is irrelevant. If it mere not, a negligent driver could just flee the scene before the police arrived in order to avoid the scene [but that then creates the crime of fleeing the scene of an accident]. Your son should be the one asking this question, as he has the knowledge of what occurred and has to bear the responsibility of what he did.... Read Answer

Although the facts you present are incomplete [where is the money coming from, who denied you a lump sum and why, etc.], if the money is for your child, you have no right to any part of it. You already had one attorney give you legal advice, why are you asking more attorneys for information you think that attorney was not competent, you did not get adequate information from them, etc. Settlement moneys payable to a minor are put into a trust for the specific purpose that the money is there for the minor when they reach 18 to spend as they, not their parents, want to.... Read Answer

You already reported it and got the restaurant closed down; you got your money back and the owner is not going to pay you anything because they are very likely very upset with you.? It is not reasonable for you to have any fears about eating at any other restaurant because of what happened at one.? You can post a note on a web site as to the restaurant, but be sure to state only facts? to prevent the owner from trying to cause trouble with you.... Read Answer

Contact the other driver's insurance carrier to be compensated for your damages. You can collect all out of pocket damages car repair, rental car for reasonable period of time, wage loss for time lost from wok for injuries but nothing for getting the rental car, medical bills but nothing as to pain and suffering. The insurance company may fully accept liability even if the other driver is trying to go after you for payments. If the other side is represented by an attorney, send an e-mail to the attorney [or the other driver/car owner if not represented] stating all the helpful to you facts of the incident, that you have no insurance coverage nor assets [if the latter is true], and that you will not offer any money for a case in which you are not at fault. Unless the other driver suffered significant injuries, their attorney will likely tell them to drop the matter as they will recover nothing and the attorney, knowing they will get no fee for their work, will not want to handle the matter.... Read Answer

You need to speak directly to an attorney who handles dental malpractice cases [I do not] to see what they think can be done.? Since the malpractice occurred more than a year ago, normally you might be barred by the Statute of Limitations but the dentist's continuing attempts to correct the problem may extend the Statute.... Read Answer

You state you are still an addict, so the police assume you may still be dealing drugs, as many addicts do so. It is not unreasonable for them to make this assumption; eventually they will stop once they feel they can not show you are selling or distributing drugs. You are to be congratulated for turning your life around, except for continuing to be addicted [which means you can not control your entire life], but the police are not mind reader who know that for sure. Most police work depends upon making reasonable assumptions and guesses.? They are not wrong; eventually they will stop watching you.... Read Answer

Did they say it would pass the smog tests or is it illegal where you live to sell a vehicle that will not pass a smog test?? If so, you can tell them you will sue both of them in Small Claims Court [let them argue between themselves who is at fault] and will include the transportation costs you incurred as they could foresee that because they delayed giving you the car and then provided one they knew you could not drive. If they are in the business of selling cars, report them to the state agency involved [do not threaten them that you will do so as they will accuse you of blackmail].? They probably are taking advantage of you, but you must be able to prove in court what they did breached a duty to you.... Read Answer

I personally do not understand how the video would show the malfunction occurring but will assume that what you say is true. I would try to find out why a never sold before bike already has 500 miles on it; was it passed from dealer to dealer because it was a lemon, etc. Driving 5 mph above the speed limit could not be considered racing [unless you are competing against another motorcycle], especially because speedometers are not that accurate.? If you think nothing on the video is really harmful, you can tell BMW since they will eventually see it. But even if they agree it is a defective bike, all they probably will do is repair it. They probably will not offer anything for loss of use and definitely nothing for bodily injury and medical bills. You should see an attorney who handles such cases and find out what they think you should do. Most attorneys will give a free 15-20 minute initial meeting, although they may not tell you much of substance.... Read Answer