California Personal Injury Legal Questions

You can not retry a case that you have settled! That is what settlement means. Also, you would have had to bring suit within 2 years of the accident. I do not see how you had a civil case when on the job injuries are covered under Workers' Compensation. With all the complaints you have, it would be very difficult to find an attorney who would be willing to represent you even if the above barriers did not exist.... Read More

You only need to be insured if you are claiming pain and suffering damages, but you are not barred as to out of pocket such as property damages, medical bills, wages, reasonable period of time to use a similiar rental car while your's is being repaired or for you to buy a replacement vehicle. ?If the other insurance company does not know you were not insured, don't tell them if the claim is only for out of pocket expenses. ?Get a copy of the report of damage form from DMV if it requires any information about your insurance and then decide if should put in N/A.... Read More

Alienation of affection lawsuits are not valid in California. Its not the hooker's fault he left, it is his. You should send him the bills and tell him he has to pay at least half. You also should demand he let you use the car half time. He probably will ignore you so you would have to sue but does he really have any assets you can go after.... Read More

I have no idea as you would be the one who the other side would come after for missing the deposition. ?There should be nothing in the court file about it. ?The other side would have paid for any deposition charge and later would have to ask the court to order you to pay it as part of any judgment against you. ?If you were on vacation when the notice was sent to you and no one was at the address to open it and tell you, then you are not responsible. ?Call the other side and ask the attorney what it is about and tell them why you did not appear. ?Be sure you do not confuse "disposition" with "deposition."... Read More

There is a 2 year statute of limitations to sue for any personal injuries and 3 for property damage. If you do not sue by then you, you have no legal right of reimbursement that you can legally enforce. Contact the person who hit you and their insurance company immediately. If the Statute has not yet run, depending on the amount of your damages, you can file suit in Small Claims Court and then serve the individual who hit you and the owner of the vehicle; you could probably get a trial date for 4-6 weeks later.... Read More

Whether it was a full bite or not is irrelevant as to liability. Since the dog was on your property, was barking [I assume in an aggressive fashion], and you told him not to try to pet her, it seems to me that the bike rider was totally at fault and has no case against you. But if he insists you pay for a new pair of shorts or he will sue, it is much cheaper to buy the shorts. Let him make the first move. ?He may not ask for anything.... Read More

He might argue that you allowed an attractive nuisance [the river] to exist and should have fenced it off. If your sign was obvious enough, and especially if he saw it, then you might not have any liability. You do not need to post a lifeguard for a place that no one is supposed to swim in, unless perhaps you know of other kids who tried to swim there. I assume you have liability insurance, but if you tell them before any claim is made, they might up your rates or drop you. Take pictures of the sign and anything else indicating people are not supposed to go in, off the river bank to show it would not be safe to try to go in, the river its self to show a 12 year old would realize it was unsafe, get statements from anyone who saw what happened, be nice to his parents so they do not get angry at you, put up a fence along your property fronting the river and add more signs saying it is dangerous and give each future guest a written notification not to use the river and make sure their children don't.... Read More

Was the car damaged in some way? If so, be aggressive in getting damage estimates. If they still won?t pay, you can sue in Small Claims Court (assuming that the damages are $10,000 or less). If no damages, perhaps your only claim is for rental car expenses, assuming that you have loss of use coverage. A review of the policy terms might be appropriate. Welcome to the world of insurance adjusters! They live to pay as little as possible, and to keep your money as long as they can.... Read More

That depends upon what the at-fault driver's insurance limits are. If they are more than adequate to pay for both of their damages, the same attorney could represent both, but your daughter might get less in a settlement as the insurance carrier will offer one sum to settle both claims and if the boy friend is more aggressive he may demand more than his fair share. If there is inadequate coverage and she does not have under-insured coverage, she might get less than she should.... Read More

Suck it up. One negative comment at work [except perhaps for a racist remark or other protected class] if not a basis for a harassment or defamation suit. Even if you could file, you would get to nothing in damages and your bosses would consider you a trouble maker, so you would be the first let go in any reduction in force. Your boss now knows not to make that type of remark. If you go to a higher up, they will just tell him to be careful in the future and think that you have no common sense. People get insulted all the time and unless it is really vicious you have to learn to live with it. Haven't you said something negative about someone else do you think you should have gotten in trouble. Your boss was honest enough to admit it, which many would not.... Read More

Speak to the actual DA ?and not one of their assistants. Tell them about severe negative income effects, does he want them to lose their jobs and go on unemployment and maybe welfare, CHP already investigated and ?what more can DA do, if she is charged with a crime jury will acquit when learn CHP considered it an accident, may force them to go to an attorney who will probably tell the media to put political pressure on DA and mayor.... Read More

Your question is whether you have a case, meaning can you sue the store for this question. I assume this question comes from California. I am a California attorney and not licensed to practice in any other state. If other people hear the clerk ask you this, it might be a type of defamation the question carries the implication that you are a thief, and saying so while other people hear it could be considered slander. It also might be a type of invasion of privacy, revealing (by implication) your personal information to others who don't have any right to know it. So you might have a case, depending on the facts, and the damages would be determined by the trier of fact the judge or jury if you sue. It seems you were already charged with shoplifting there, and you want to keep shopping there, so I would suggest that you speak to the manager or owner to protest that the clerk asked you this offensive question and demand that it not be repeated. That might do the trick. If you have to sue and have to hire a lawyer to help you, it could get expensive. You might see if you can get a free consultation by a local attorney who handles this kind of case for a second opinion. Good luck.... Read More