California Personal Injury Legal Questions

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427 legal questions have been posted about personal injury by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include boating accidents, nursing home litigation, and automobile accidents. All topics and other states can be accessed in the dropdowns below.
California Personal Injury Questions & Legal Answers - Page 10
Do you have any California Personal Injury questions page 10 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 427 previously answered California Personal Injury questions.

Recent Legal Answers

You first need to find out whether there is any pork fat used in making the taco shell. Years ago, a Jewish religious group found out that a particular canning company used pork fat on the inside of the can to allow the vegetable contents to more easily slide out. Taco's are fried in something. You will have major problems in winning any lawsuit. ?It is your burden to show you did tell the clerk/cook that you wanted chicken and they understood you, why you continued eating when you should have noticed the error within the first bite or two, and, most importantly, what real damages did you actually suffer. ?That you unintentionally violated your religious laws probably will not result in any award judges require proof of injury, which normally means a physical injury or loss of money. Otherwise, people would be sued everyday for some nasty remark they made to someone, etc.... Read More
You first need to find out whether there is any pork fat used in making the taco shell. Years ago, a Jewish religious group found out that a... Read More
Did they accept the injury to your wrist? That is the only thing you should be concerned with. If they accepted it, that is all you want; you can tell the adjuster you didn't understand the question so put down all the parts of the upper extremity.
Did they accept the injury to your wrist? That is the only thing you should be concerned with. If they accepted it, that is all you want; you can... Read More

Should I ask the place to pay for the damages or do I have no case?

Answered 9 years ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Go to the owner or manager of the place and show him the damage and point out why it had to come from there. See what he will do.
Go to the owner or manager of the place and show him the damage and point out why it had to come from there. See what he will do.
I'm not exactly sure what the question is here.Please let us know what you are in need of.
I'm not exactly sure what the question is here.Please let us know what you are in need of.

What can I do if the insurance refused to cover my father medical and car damages because of my previous vehicle accident?

Answered 9 years and a month ago by Edwin K. Niles (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Your only weapon is a lawsuit. Please have dad see an injury lawyer ASAP.
Your only weapon is a lawsuit. Please have dad see an injury lawyer ASAP.

Is it necessary for those who will run in Congress to be Undergraduate?

Answered 9 years and a month ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
No, Congress can decide what the qualifications are, and they do not require graduation from even kindergarten. ?You do not say what motion you are speaking of.
No, Congress can decide what the qualifications are, and they do not require graduation from even kindergarten. ?You do not say what motion you are... Read More

Can someone film me without my permission?

Answered 9 years and a month ago by Edwin K. Niles (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
In theory, you have a good lawsuit. However, I see two obstacles: How do you identify the defendants, and how do you prove damages? Perhaps you can find a lawyer who sees the exposure as an asset, and will take the case on for that reason.
In theory, you have a good lawsuit. However, I see two obstacles: How do you identify the defendants, and how do you prove damages? Perhaps you... Read More
I would only provide it in response to a police request.
I would only provide it in response to a police request.

What's a reasonable amount of money to settle for my 3 year old daughter that was involved in a car accident?

Answered 9 years and a month ago by Paul De Holczer (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Personal Injury
It is very unlikely that an attorney will give you a โ€œballparkโ€ number of what you should seek by way of damages in this case. Much depends upon what you were doing with your car, your daughter and her immediate and long-term injuries and damages. For these reasons, an attorney asked to provide a โ€œballparkโ€ number probably cannot do so in good conscience. For these reasons, you are advised to contact an attorney and not handle this yourself. Your daughter is a minor and your decision may affect her long-term health and financial future. Good Luck!... Read More
It is very unlikely that an attorney will give you a โ€œballparkโ€ number of what you should seek by way of damages in this case. Much depends upon... Read More

If I got max $15,000 from an insurance company but my doctorโ€™s bill is over $30,000, how I can recover my losses?

Answered 9 years and a month ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Do you have under insured coverage on your own insurance policy, so you can make a claim? Most medical providers are willing to compromise their liens if their patient does not make a full recovery. Sometimes they agree to take 1/3 of the total recovery on the notion that your attorney gets 1/3 and you get the last 1/3. ?I do not know what they do if you had no attorney representing you.... Read More
Do you have under insured coverage on your own insurance policy, so you can make a claim? Most medical providers are willing to compromise their... Read More

Is there any way to get a restraining order against someone with anger issues?

Answered 9 years and a month ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Yes, you have grounds for a restraining order, but be aware your parents may not support you as parents often do not want to take any actions against one of their children.
Yes, you have grounds for a restraining order, but be aware your parents may not support you as parents often do not want to take any actions against... Read More

Can I sue this man for his lies as the charges were dismissed due to insufficient evidence after the prosecutor watched the video?

Answered 9 years and a month ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
If the video shows the entire incident of your taking your gun out, pointing it at the ground for a few seconds, and then re-holstering it, you might have a civil lawsuit for him causing you to be arrested. If the police would have arrested you for pulling the gun out, even though it was always pointed at the ground, you have no case because his lies were not the cause of your arrest. The DA might choose not to prosecute even if you committed a crime because he felt he could not get a jury to convict you for a minor illegal act [or it was not worth the time to try you when at best you might just get probation with no jail time. I thought the rule was never to pull a gun out unless you intended to use it.... Read More
If the video shows the entire incident of your taking your gun out, pointing it at the ground for a few seconds, and then re-holstering it, you might... Read More

I need to send documents for personal injury but the hospital wrote down that I was skateboarding, I was walking, what should I do?

Answered 9 years and a month ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Are there any other notes in the hospital records that say you were walking. Contact the person who wrote that comment to see if they remember seeing you and whether you said skateboarding or walking they probably will not remember. See if you have any witnesses to the accident; what did the person who hit you say?... Read More
Are there any other notes in the hospital records that say you were walking. Contact the person who wrote that comment to see if they remember seeing... Read More
I would think that if your cooking it did not cause the blood to disappear, then the company's pre-cooking would not be expected to remove it either. I assume you did cook the piece that had the blood on it. You should call you Dr. if you have one or see if the internet has any information on how long it takes to get sick from uncooked chicken, but I would expect you and your dogs would be sick by now if there was some bacterial infection. I do not handle this type of case, so I do not know if this is the type of problem you could reasonably expect to occur, but even if the Company is liable, what are your damages? Mere emotional distress normally is insufficient to claim damages for.... Read More
I would think that if your cooking it did not cause the blood to disappear, then the company's pre-cooking would not be expected to remove it either.... Read More

Can I sue for never getting lunch break?

Answered 9 years and a month ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Yes, go to the State Department of Labor and find out what the process is. You will likely be barred as to some of that 9 years as there normally is a time period in which you must file. Also, if that person is still your employer, be prepared that he will, illegally, try to punish you for making the complaint. You probably should first go to an employee's attorney who handles such matters to see what you might be able to get and the proof you will need.... Read More
Yes, go to the State Department of Labor and find out what the process is. You will likely be barred as to some of that 9 years as there normally is... Read More

What are my next steps if I was hit by one uninsured driver and another insured driver?

Answered 9 years and a month ago by Monica Cecilia Castillo-Barraza (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
If you are not responsible for the accident, but you are uninsured, your claim can only be for related, paid medical expenses and lost income (if any).
If you are not responsible for the accident, but you are uninsured, your claim can only be for related, paid medical expenses and lost income (if... Read More

What are my next steps if I was hit by one uninsured driver and another insured driver?

Answered 9 years and a month ago by Edwin K. Niles (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
Your punishment for having no insurance is that your claim is limited to out-of-pocket expenses (Civil Code 3333.4). You are not entitled to payment for pain and suffering. Therefore, you may have trouble finding a lawyer. Whether you can get anything from the insured driver's company will depend on whether he/she was at fault. Submit your med bills and proof of any loss of earnings, and see if they respond.... Read More
Your punishment for having no insurance is that your claim is limited to out-of-pocket expenses (Civil Code 3333.4). You are not entitled to payment... Read More

Is it possible to sue or put a caveat on my fatherโ€™s assets?

Answered 9 years and a month ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You have to find out what the law is for the country in which the island is located, but under American law you would have no claim because your grandfather can will his part of the property to whomever he wants [if community property law applies, his wife owns other half]. You can speak to your grandfather and try to get him to change the Will, as long as he is mentally competent to do so [his physical condition does not matter].... Read More
You have to find out what the law is for the country in which the island is located, but under American law you would have no claim because your... Read More

What should I settle for with insurance company if a dog bit my finger and I went to the ER?

Answered 9 years and a month ago by Mr Pius Joseph (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
If you handle on your own insurance company will offer you very little. If you have only cosmetic damage and everything healed in will be smaller value, may be $10,000 neighborhood. If you need plastic surgery, future medical , psych claims the. It will be more significant value. If need to get a proper value hire a lawyer.... Read More
If you handle on your own insurance company will offer you very little. If you have only cosmetic damage and everything healed in will be smaller... Read More

Should I sue if I got a first degree burn on my face at work?

Answered 9 years and a month ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You can not sue your employer because that is covered by Worker's Compensation. You might be able to sue the manufacturer and marketer of the gloves on the basis of product liability. You do not tell us whether you are male or female, the size and location of the scar, what it looks like, how much would cost to improve it, etc. Speak to a local attorney who handles product liability cases.... Read More
You can not sue your employer because that is covered by Worker's Compensation. You might be able to sue the manufacturer and marketer of the gloves... Read More

What should I settle for with insurance company if a dog bit my finger and I went to the ER?

Answered 9 years and a month ago by Georges Herman Shers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
We would need more information. Any work loss, degree of pain over what period, activities could not do and for how long. First contact the insurance company to see what the limits of liability are.
We would need more information. Any work loss, degree of pain over what period, activities could not do and for how long. First contact the insurance... Read More

Is a lump sum settlement from a personal injury lawsuit separate or community property?

Answered 9 years and a month ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You have to make a "reasonable" apportionment between the private property pain and suffering and residual injury and maybe medical bills [I am not sure of the last one since if your insurance paid for it that part would be community property], and the community property loss of wages. You would report that on your taxes; if the overall settlement is relatively low, the IRS might not bother with it.... Read More
You have to make a "reasonable" apportionment between the private property pain and suffering and residual injury and maybe medical bills [I am not... Read More
You can move out and surrender the property. You can repair the mold and deduct the amount from the rent. However, you have to follow several detailed steps in order for it to be effective. Or you can stay and do nothing. Good Luck
You can move out and surrender the property. You can repair the mold and deduct the amount from the rent. However, you have to follow several... Read More

Do I provide them with my new insurance or my old one if I hit my neighborโ€™s car and they refuse to go through my insurance?

Answered 9 years and a month ago by Edwin K. Niles (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
The insurance in effect at the time of the incident is the one responsible. Turn the info over to them ASAP.
The insurance in effect at the time of the incident is the one responsible. Turn the info over to them ASAP.

Can I sue if dealer lied about the sales price?

Answered 9 years and a month ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You do not give us that much information, but if you signed a contract saying the sales price was $10,000, and he even told you that, you should have a near perfect case [always difficult to prove what someone told you if they are going to lie must find something to support you, such as another dealer before giving your a price lower than is being demanded]. What is his reasoning as to why you have to pay more than what the contract says?... Read More
You do not give us that much information, but if you signed a contract saying the sales price was $10,000, and he even told you that, you should have... Read More