California Personal Injury Legal Questions

Why swing the mat against the pole instead of banging it on the ground? You have some fault for not changing first that the pole could withstand the force of the mat hitting it since that was not the intended purpose of the pole, even if people used it for that. Since the employees were aware that many customers used the poles for that purpose, they should have posted signs and periodically checked to see if the pole was loose, so there might be some liability, but is suing worth the time and expense? How much would it cost to pound the dent out? You can make a claim with the owner's insurance company, but you probably will not make a full recovery if you file suit in Small Claims Court. Is it worth the time to sue?... Read More

The owners of the dog would have liability since the dog was their property. The woman running the facility might also be partially at fault for not having the dog penned up, but does she have any insurance coverage [homeowner's insurance normally does not cover incidents related to a business operation].... Read More

Contact the police, but if they had really wanted to go after the other guy they would probably have arrested him before and then contacted your husband. They might have just treated it as a violation of his parole and put him back in jail. If you want to sue him, you would have 2 years from the incident.... Read More

Since your are legally an adult, he can not do anything without your approval. If there are attorneys involved that he hired [he can not charge an attorney's fee for his own work], contact them and relate what is going on and get the insurance contact numbers from them. If he is the only one involved, point out to him that his taking money from you is illegal and can get him arrested. He should not be able to cash any checks because they would be in your name. Demand all the money back; if he has spent some of it, inform the insurance company and ask how they could give him any money and they legally should pay you those funds and go after him for reimbursement.... Read More

Even if you were drunk out of your mind, if the other person was entirely at fault their insurance will cover all your reasonable bills. Your condition was irrelevant to the accident, although the adjuster for the other insurance company may try to improperly raise this as a defense as to having to pay all of the bills. If they do, demand they cite to you the code section or case decision supporting their position.... Read More

I do not know if your attorney had the right to do so, but the defendant is not at fault. You would have to show that you were economically harmed by your attorney's conduct, which would be very difficult to do as normally what happens is the court seats one juror and then declares a continuation of the trial. If the defense was solely at fault for not setting up the medical exam, I doubt your attorney would have agreed to a continuance. ?Find out from him/her why they did so.... Read More

As the registered owner of the car, you are jointly liable with him for the first $15,000 of any damages; I do not know whether an insurance carrier would insure a car you have no idea of where it is. ?I think you would not be liable for tickets as you were not the driver. ?Push the divorce through as quickly as possible.... Read More

For a work related injury such as this, you are limited to filing a Workers' Compensation claim [although you might be able to seek an additional amount if it was serious and willful misconduct] and can not file a civil suit [it does not appear to come under the punch press exception]. If the failure was due to a defect in the machine, you might have a claim against its manufacturer.... Read More

I think you may have misunderstood them. ?Talk to them again. They should resolve all the medical bills right now, but normally any money for pain and suffering is put into a trust fund that she can not touch until she is 18. The physical injuries were to her and not you. Normally you might not be able to collect for your missed wages, but point out to them if you had hired someone to take care of her while she could not do so herself, or had her stay in the hospital, they would have had to pay even more. If the drunk driver was convicted or plead guilty to a felony, a California code section allows your daughter to collect any attorney fees incurred.... Read More

First go to the main courthouse and look at the file [they may need to get it from their warehouse]. See what it says about your being served and if you can prove that is not true. Call up the attorney on the other side and tell them you already paid the full amount and send any proof you have. The money would not have been sent to the court. Ask that they set aside the default judgment. If that does not work, post again.... Read More

The dentist can not charge, unless you signed a contract to the contrary, until the actual work is to be done. She has to return all payments and you can cancel the other insurance plan [tell them what happened and they probably will agree to tear up their agreement with you]. Consider referring the matter to any local or state dental board that exists.... Read More