California Personal Injury Legal Questions

Does your wife work? Being in a cast for 6 weeks is worth some money but not a massive amount. Ask them to pay the out of pocket expenses now and wait the 6 weeks to see if full recovery and rest of case can be settled [the insurance carrier will say no as it wants to settle in one lump sum]. For the medical bills, it should be what was charged and not what you actually had to pay because insurance covered the rest, unless they want to part part of your monthly premiums. What caused the grill to move and should they have tried to prevent that?Did the lid fall because of a sudden strong movement, barely pushed the lid back up so almost anything would make it fall? ?If the latter, there is not much of a case. Liability is unclear. You could sue in small claims court, although they tend to not award that much for pain and suffering, but no attorney's fee and get case over with quickly.... Read More

Almost every day we get a request for evaluation of a claim. We cannot respond to such a request, as there are simply too many elements to be considered. These include percentage of fault, age and health and background of the claimant, the nature of the injury, the treatment, the diagnosis, the prognosis, the cost of the treatment, and the outcome. Also to be taken into account in some cases are the amount and type of insurance coverage and the name of the insurance company. Most attorneys offer a free conference. We suggest that you talk to a few lawyers. Also, you should know that an independent study showed that claimants did better, even after fees, with a lawyer than without.... Read More

It does not make sense that the deputy actually acted in that fashion. If you did not complain of injuries why take you to the hospital, why would his sister want to get in the police car with a suspect in it, etc. You will have a hard time getting someone to believe you. In any case, you let the police come in and look around. The drug sounds as though it was in plain sight so the officer would have legitimately found it. Having found the illegal drugs, it was reasonable to search the rest of the house; it was also reasonable to have your daughter go to her father since he is her closest blood relative. Child Services did nothing wrong. If the officer really acted as you claim, his post arrest activity was illegal, but how are you going to prove it?... Read More

If you notified the DMV of the change of ownership, they would have that on record. It seems you did not. So you need to tell the DA [appears that you are being charged with a crime for the accident] how they can find the new owner and provide as having people who know you sold the car or who have not seen the car in your possession for at least a year present sworn affidavits [I, ?[name].., declare under penalty of perjury and the laws of the State of California as follows at end put I,..., declare under penalty of perjury that the above is true and correct as to my own knowledge and belief, and if on belief i believe it to be true, and that is called as a witness I could and would so competently testify].... Read More

Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.... Read More

It is illegal to place non-stamped mail in the mailbox but there are no damages to you. If the nearby house has no access except by your private driveway, there may be a prescriptive easement of necessity [especially if house built by same person who owned your lot at the time]. You should work out a more formal, written agreement with those neighbors as to the right to use your driveway. I need more facts as to the dog fight. It sounds like she was uninvited by anyone and just passing out fliers; she was trespassing but that probably is insufficient as a defense, as people do that all the time and courts allow it. If you had a sign up saying beware of dog, the pet door was very visible, most of the people whose homes she had already been to had dogs, your dog did not actually start the fight, she could have avoided being in the dog fight and tripped then there would be some degree of negligence on her part. Going to a chiropractor as to cuts and bruises makes no sense. Check your homeowner's insurance to see if you have coverage and what effect paying on a claim has on your premium [if you have an aggressive type dog then insurance coverage may exclude that bred]. Contact the woman in writing raising all the issues you can but seeing if the matter can be settled for a very low sum.... Read More

Probably several thousand dollars worth. You are fully liable for any injuries you dogs cause to anyone, no matter why they are there [except to commit a crime], but she is partially at fault for being an unreasonable person in trying to break up a dog fight, since a reasonable person would know that is dangerous. Her degree of negligence depends upon the exact facts of what happened, the type of dogs [determines amount of danger], what you were doing, whether she was a friend or just staying there a day or two, etc. It probably is best to go to an attorney who handles such cases, give them all the facts including what injuries are claimed and the medical bills and any lasting scars, and get an estimate of the dollar value of the case and then try to settle the matter on your own. Trying to make a quick settlement will be cheaper than dragging it out.... Read More

It definitely is not extortion. This is purely a civil matter. The police will not get involved. Since you were renting from him, legally his position is that of a landlord to you. If you have not paid all the rent, he can serve you with a three day notice to quit or pay all the rent. If he agreed, even just orally, that you could pay half the rent now and half 9/3 [why have you not given us what the current situation is?], then he can not give you a three day notice. He can give you a 30 day notice that he will not rent to you again 30 days from the date of the notice. He would then have to file an unlawful detainer action in court against you in order to get a court order of eviction.... Read More

Comp. carriers usually subpoena all medical records, although they could ask you for a release. I am not sure if they have an absolute right to get a release from you but since they have a right to all medical records related to injury or disability to the same or similar parts of the body, why fight them? It implies you are hiding something. You should demand that it be limited to the same type of disability or parts of the body, but unfortunately Dr. Offices and Hospitals normally give the copy service all the records they have.... Read More

Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report (up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.... Read More

Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report (up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.... Read More

Your attorney will likely be entitled to a portion of your settlement, depending on what your retainer contract reads. First discuss with your attorney if he is willing to drop his lien and you both part ways. Also, request an accounting of time he has spent on your case. Otherwise, you may want to fire your attorney, and then typically he would be entitled to his hourly work (and costs) spent on your file. Feel free to call another attorney first to review the lower settlement you have in mind.... Read More