California Personal Injury Legal Questions

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California Personal Injury Questions & Legal Answers - Page 13
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Recent Legal Answers

Is the restaurant liable if I bit into a metallic object at a restaurant and it broke my tooth?

Answered 9 years and 5 months ago by Edwin K. Niles (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
Welcome to the wonderful world of insurance. You are NOT in good hands. The adjuster's job is to pay you as little as possible. Your job is to fight like the dickens.
Welcome to the wonderful world of insurance. You are NOT in good hands. The adjuster's job is to pay you as little as possible. Your job is to... Read More
If she is the driver, she should talk to the adjuster.
If she is the driver, she should talk to the adjuster.

If the doctor says that I can get workerโ€™s compensation, do I get back pay from August 22?

Answered 9 years and 5 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You should ask your attorney as that is what you will pay him for. ?But, yes, if the Dr. finds that the injury was caused or aggravated by your work, you should start receiving temporary disability checks while you can not work, starting from the first day off work.
You should ask your attorney as that is what you will pay him for. ?But, yes, if the Dr. finds that the injury was caused or aggravated by your work,... Read More

Can I get compensation if I was punched for 30 minutes and knocked out before surgery at a hospital?

Answered 9 years and 5 months ago by Edwin K. Niles (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Need more facts. However, in general terms, no insurance will cover intentional acts. Therefor, if you are going to sue the puncher, you may get a judgment that might not be noncollectable.
Need more facts. However, in general terms, no insurance will cover intentional acts. Therefor, if you are going to sue the puncher, you may get a... Read More

Can I sue if my 9 year old was taking the wrong medication for a whole week that the pharmacy gave him?

Answered 9 years and 5 months ago by Edwin K. Niles (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Yes, of course. But most lawyers will not want to represent you, as the damages are modest. You might consider filing in Small Claims Court. File in your capacity as mother and guardian of the minor.
Yes, of course. But most lawyers will not want to represent you, as the damages are modest. You might consider filing in Small Claims Court. File... Read More

What can I do if my partner's attempted to get on the lease behind our back by calling the property directly and offering to be guarantor?

Answered 9 years and 5 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Obviously, your problems with his father are not limited to this one incident. Most people would be happy to have someone co-sign as to a recurring debt they have. The rental company should have told him it was unnecessary since they had already rented to you and should not have given him any personal information. There is nothing you can really do about it except to tell him not to interfere.... Read More
Obviously, your problems with his father are not limited to this one incident. Most people would be happy to have someone co-sign as to a recurring... Read More

Will I be compensated for pain and suffering, missed work time and damages to my car?

Answered 9 years and 5 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Yes, having taken drugs has nothing to do with the accident occurring. But you must have been acting strangely for the police to test you.
Yes, having taken drugs has nothing to do with the accident occurring. But you must have been acting strangely for the police to test you.

If a person went to house party and got beat up by a group of people, who would be responsible for this kind of treatment?

Answered 9 years and 5 months ago by Georges Herman Shers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
The people who took part in the fight are liable; if the homeowner or person throwing the party could reasonably know it would occur, they probably would also be liable. The police should be told as much information as possible, especially by the person beaten up, so that they can determine if they can find the people involved.... Read More
The people who took part in the fight are liable; if the homeowner or person throwing the party could reasonably know it would occur, they probably... Read More

If a person went to house party and got beat up by a group of people, who would be responsible for this kind of treatment?

Answered 9 years and 5 months ago by Edwin K. Niles (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
The assaulters are responsible. The party host would only be responsible if you could prove that he had prior knowledge of their intent to fight, and invited them anyway.
The assaulters are responsible. The party host would only be responsible if you could prove that he had prior knowledge of their intent to fight,... Read More

What I should do if I am working two jobs just to make ends meet and no way have that kind of money?

Answered 9 years and 5 months ago by Edwin K. Niles (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
The insurance co for the other driver has (no doubt) paid for the repairs, and will probably try to get reimbursement from you. They will probably refer the case to a subjugation lawyer, who will try to collect, and eventually will probably file suit against you. A judgment is good for ten years, and can be renewed. The result may be that if you try to buy a home years from now, you will find that you may have to pay the judgment, with interest at the rate of 10% per year. You should talk to the insurance co rep, and explain that you have no money and don't expect to have any. Maybe they?ll just accept the $5,000. The lesson for you and anyone reading this: Minimum coverage is sometimes inadequate. It only costs a few dollars more to increase the coverage.... Read More
The insurance co for the other driver has (no doubt) paid for the repairs, and will probably try to get reimbursement from you. They will probably... Read More

Can I sue my ex-boyfriend for the money he promised to pay?

Answered 9 years and 6 months ago by Edwin K. Niles (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
Of course you can sue, and will probably get a judgment. The real question is whether you can ever collect.
Of course you can sue, and will probably get a judgment. The real question is whether you can ever collect.

Can I do something when a car struck me and my girls without insurance but the other driver did?

Answered 9 years and 6 months ago by Edwin K. Niles (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
You can get reimbursed for your out-of-pocket expenses, but not for pain and suffering (Ca Civil Code 3333.4). Your girls have good claims.
You can get reimbursed for your out-of-pocket expenses, but not for pain and suffering (Ca Civil Code 3333.4). Your girls have good claims.

Can I get compensated for my car and injuries if the other person was at total fault and I have no insurance?

Answered 9 years and 6 months ago by Edwin K. Niles (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
Without insurance, you are only entitled to reimbursement for out-of-pocket expenses, not for pain and suffering. Ca civil code 3333.4
Without insurance, you are only entitled to reimbursement for out-of-pocket expenses, not for pain and suffering. Ca civil code 3333.4

What are my rights if I was at home depot and was accused while leaving the store?

Answered 9 years and 6 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Obviously you could sue all involved and their employers, but honestly I do not think anyone, including any attorney you try to hire, will believe that you were treated so badly by everyone involved.
Obviously you could sue all involved and their employers, but honestly I do not think anyone, including any attorney you try to hire, will believe... Read More

Can they get away with this if I was recently a victim of online bullying?

Answered 9 years and 6 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You do not give us enough information. If you sent communications to another person it is public and they can post it unless perhaps you told them to keep it secret. If everything is true or none of its states a alleged fact as opposed to an opinion ["I think she is an idiot' is an opinion and can not be the basis of a defamation action].... Read More
You do not give us enough information. If you sent communications to another person it is public and they can post it unless perhaps you told them to... Read More

Can I sue my manager if she grabbed my arm forcefully with both her hands?

Answered 9 years and 6 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
An actual physical assault such as that would not be covered under the Workers' Comp. exclusive remedy, but if you sue your manager you would get little in compensation and somehow they would find a way to fire you. If she normally is okay, what is the point in complaining? If you get another supervisor, she may be worse. ?many incidents are not worth suing over.... Read More
An actual physical assault such as that would not be covered under the Workers' Comp. exclusive remedy, but if you sue your manager you would get... Read More

How long after the deposition hearing do I have to wait for a settlement?

Answered 9 years and 6 months ago by Edwin K. Niles (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
Remember that the longer the ins. co. uses your money for investments, the better for them. Your lawyer, on the other hand, should be pushing now for settlement, perhaps through a mediation. Ask your lawyer what he is doing to move matters along.
Remember that the longer the ins. co. uses your money for investments, the better for them. Your lawyer, on the other hand, should be pushing now... Read More
First, what a horrible story and I am so sorry for your mother.  I hope she has a speedy recovery and can soon forget this incident. Second, she probably does have a claim against the grocery store.  It will depend a lot on the facts (specifically what sory of notice did the grocery store have that this sort of situation could develop and therefore what - if any - measures "should" the store have taken to prevent this sort of danger.    ... Read More
First, what a horrible story and I am so sorry for your mother.  I hope she has a speedy recovery and can soon forget this incident. Second,... Read More

Can I sue my old coach from high school for touching me?

Answered 9 years and 6 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
From a wed site on the topic. In California, the filing of a civil claim of sexual abuse must be made within 8 years of the age of majority (meaning before your 26th birthday). However, California is one of 28 states that have?adopted an extension of the statute of limitations based on the "discovery" of child sexual abuse or its effects. While nearly every state has a basic suspension of the statute of limitations?while someone is a minor, many states have recently adopted these new "discovery" extensions specifically?designed for cases of sexual child abuse. The discovery rule allows for civil lawsuits to go forward when they are? "within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse. This rule was designed to counter the problem of prosecuting molesters who's victims had repressed the memories for decades, long after the statute of limitations expired. Now, upon "discovery" of the memories of abuse (often through therapy), a person has 3 years to file a claim. After the Catholic Church abuse scandals, California also enacted a law that allows for lawsuits against people whom were aware of the unlawful sexual conduct by their "employee, volunteer, representative, or agent", and failed to take "reasonable steps" to prevent it. Upon his discovery of this person or entity, a plaintiff has one year to sue.... Read More
From a wed site on the topic. In California, the filing of a civil claim of sexual abuse must be made within 8 years of the age of majority (meaning... Read More

If you give someone a ride and they rip the seat where they sat, are they responsible for the cost of the repair?

Answered 9 years and 6 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
If the damage occurred only because of the abnormal behavior of the passenger, sure you can sue, but is it worth it. Write them a demand letter.
If the damage occurred only because of the abnormal behavior of the passenger, sure you can sue, but is it worth it. Write them a demand letter.

Is the ownerโ€™s insurance responsible for the repair if my car was hit by a stolen vehicle?

Answered 9 years and 6 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
The van driver was negligent in leaving the keys in the ignition, so his employer is liable for your damages.
The van driver was negligent in leaving the keys in the ignition, so his employer is liable for your damages.

How can he even charge me with a felony saying I hit him when he hit me?

Answered 9 years and 6 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Your insurance does not cover willful acts. You need to file a police complaint against the other driver and ask your auto insurance company to inform his of the accident and seek recovery of the damages. The normal assumption in a rear end collision is that the car behind is at fault. You do need to speak to a local criminal law attorney who can call up the DA and try to get the charges dropped and the arrest erased from your record. Most criminal defense attorney require a large retainer and want a flat fee amount, but since it might only take less than an hour of work you should refuse such an agreement. If you find a nice attorney, they might even make the call to the DA without charge.... Read More
Your insurance does not cover willful acts. You need to file a police complaint against the other driver and ask your auto insurance company to... Read More
Your insurance carrier will provide a lawyer at no charge and will try to settle the case for up to the insurance policy limits. I assume that the $500,000 figure is what their attorney says in the Complaint. For a variety of reasons, those figures in personal injury cases are greatly exaggerated. ?It is a very different situation if they have already incurred $500,000 in medical bills and you will need your own attorney. The insurance company might be willing to hire him and pay his charges until their policy coverage is exhausted. Speak to the insurance attorney and see what they think as to potential damages; if needed, you can transfer your assets to another person, but that has to be for a reasonable consideration or it technically a fraud [although often done].... Read More
Your insurance carrier will provide a lawyer at no charge and will try to settle the case for up to the insurance policy limits. I assume that the... Read More
Typically, in such situations, the claimant?s lawyer will settle for the policy limits. It's just too easy for people in your shoes to hide assets, or declare bankruptcy, so most lawyers are not interested in chasing personal assets. However, an aggressive lawyer might ask you to make a personal contribution. Your ins. co. will defend you; let them handle it. They may send you a letter telling you of your right to have your own lawyer if the other side asks for a contribution. That will be up to you, should that occur.... Read More
Typically, in such situations, the claimant?s lawyer will settle for the policy limits. It's just too easy for people in your shoes to hide assets,... Read More

How much money am I liable for if my 20 year old son who is away at college gets in an accident and I'm on the title?

Answered 9 years and 6 months ago by Edwin K. Niles (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
If you are shown as owner, you could be liable for up to $15,000 for one claimant or $30,000 for more than one. If you are not an owner of his car, you are not liable. The driver's policy is usually considered primary, so if son is insured you are covered. If you trust your son to keep his insurance in effect, you can drop yours, or you an transfer title to him. There seems to be no point in maintaining two policies.... Read More
If you are shown as owner, you could be liable for up to $15,000 for one claimant or $30,000 for more than one. If you are not an owner of his car,... Read More