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 6
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Recent Legal Answers

If the DMV send me a letter that I was in a car accident but I was never in a car accident, will my license get suspended from the DMV?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Have you spoken to them? Can you prove you were not at the accident location when it supposedly occurred? Have they just made an error or did another car owner report you?
Have you spoken to them? Can you prove you were not at the accident location when it supposedly occurred? Have they just made an error or did another... Read More

Is this considered leaving a scene of hit and run if no one else was involved?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Who did you call? ?If you left the scene in order to be able to call the police or a tow truck, then your actions were okay. ?You need to find out where your car is; contact the police to see if they want a report from you; they already know you were not at the car when it was towed.
Who did you call? ?If you left the scene in order to be able to call the police or a tow truck, then your actions were okay. ?You need to find out... Read More

If a drunk driver hit my parked car, which is totaled, then ran from the scene, can I sue her for time lost and car rental?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
Unfortunately, you can only get the fair market value and rental car costs, but not the cost of getting a new car or time lost.
Unfortunately, you can only get the fair market value and rental car costs, but not the cost of getting a new car or time lost.

What happens if the owner of the vehicle doesn't have insurance and my boyfriend isnโ€™t covered on my policy?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
If your boyfriend does not live with you and normally does not normally drive your car, he may be covered under your insurance. ?Whether the parked car owner has insurance is irrelevant.
If your boyfriend does not live with you and normally does not normally drive your car, he may be covered under your insurance. ?Whether the parked... Read More

If I have an unsatisfied judgment, car insurance suits me and suspended my driver license, what should I do?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You need to re-ask your question as it does not make sense. A judgment against you would not result in suspension of your driver's license, except perhaps for failure to pay child support.
You need to re-ask your question as it does not make sense. A judgment against you would not result in suspension of your driver's license, except... Read More

Do I have a case against the pharmacy for giving me the wrong meds?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Yes you do, but you may have some fault if you had been taking that medication for some time and the pills looked different from what you had been taking. The question will be what are your damages besides the medical bills. This is a mistake all pharmacies try to be very careful to avoid.
Yes you do, but you may have some fault if you had been taking that medication for some time and the pills looked different from what you had been... Read More

If slipped and fell while delivering an order for a food service company, do I have a case against my ex employer?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
They will probably argue you are an independent contractor [do not determine how you do your job, can not fire you as opposed to ending your contract, do not make employee deductions, etc]; since they were not negligent in causing your fall, you have to show you are an employee and thus able to collect Workers' Compensation. File a first report of work injury and make a WC claim with them; if they reject it, you may need to hire a WC attorney to handle your case.... Read More
They will probably argue you are an independent contractor [do not determine how you do your job, can not fire you as opposed to ending your... Read More

If my niece got punch in the face it got swollen and teachers didn't even notice what could I do and could I sue them?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You have no right to sue as you were not injured. How did the teachers not noticing her injury make it worse and why did she not tell them? She has to show negligence and that it caused her injuries in order to successfully sue.
You have no right to sue as you were not injured. How did the teachers not noticing her injury make it worse and why did she not tell them? She has... Read More
You should be asking these questions of your attorney; you hired him/her to represent you and they need to. Assuming your attorney does not return your communications, the answers are: 1) your lack of insurance only matters as to the law that states if you are uninsured you can not collect anything for pain and suffering; 2) insurance policies normally have a 30 day grace period so that you are still covered up to 31 days after the date your last premium was due; 3) insurance companies only have to pay the lower of either the value of the car just before the impact or the cost of repair [check to see what your car loan agreement says, if anything, about what happens in a car accident]; 4) you can file a complaint with the State Insurance Commissioner that the other carrier is not acting to try to resolve the case [but he can not force them to settle] and; 5) your attorney will get the insurance carrier to pay more of the DC billing [and get the DC to reduce how much you have to pay him back] than you could and might get more of a wage loss and car rental claim then you can, but that is relatively easy and not too time consuming but you will be paying 1/3 of the settlement for that [most attorneys do not charge for the property loss claim; unless your injuries end up with a high medical bill [insurance companies dislike DC's], the case probably is not worth much to the attorney as to fees so the case will not be among those with priority.... Read More
You should be asking these questions of your attorney; you hired him/her to represent you and they need to. Assuming your attorney does not return... Read More

Can I sue my former employer for making slanderous and defamatory accusations about me?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Yes, you can sue [you would include the company also] but you have to show it was untrue and not just an opinion as opposed to a statement of fact. So if your supervisor said "M stole a computer" you would have a case, but not if he said, "I think M is too forgetful to be a good employee." You also have to show you were fired because of those statements. If there is some type of grievance procedure at work, you should go through that first. Why did they first transfer you instead of firing you from your initial position?... Read More
Yes, you can sue [you would include the company also] but you have to show it was untrue and not just an opinion as opposed to a statement of fact.... Read More

Can I sue my employer for making me use supplies that are not meant for my position?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
It would be very difficult to sue for something [injury to you] that might happen in the future. You could probably report the employer to Cal OSHA [Occupational Safety], but that might have a bad effect on your employment. Try talking to your boss and those above him if he will do nothing. Since people fill their own tanks now, why would you come in that much contact with gasoline?... Read More
It would be very difficult to sue for something [injury to you] that might happen in the future. You could probably report the employer to Cal OSHA... Read More

Is it common for a mediator to force the plaintiff to defend documents that were never given prior to the conference?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
If most of what you report did occur, the mediator certainly acted beyond his powers and should have disqualified himself upon being appointed. But I find it hard to believe all these things happened. A mediator can not order how and to whom any payments are to be made, could not state you would be unable to testify at trial, or would bully you. His telling you you had to agree to the settlement would be improper, but you could have refused. You could try to back out of the agreement, but I doubt you would be able to convince any judge that these things happened and gave you no choice but to settle.... Read More
If most of what you report did occur, the mediator certainly acted beyond his powers and should have disqualified himself upon being appointed. But I... Read More

Can they come after my parents even though I'm an adult?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
If your parents owned the car, they are jointly liable for the first $15,000. The $100,000 figure seems not to be a judgment but rather merely an excessive demand. Tell the other sides attorney that you have no assets so are judgment proof.
If your parents owned the car, they are jointly liable for the first $15,000. The $100,000 figure seems not to be a judgment but rather merely an... Read More

What do you considered as hit and run?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Your vehicle has any physical contact with another vehicle [whether or not parked or being driven] or another person, and you leave the scene before the other party agrees you can leave or only until the police tell you you can if they arrive at the scene.
Your vehicle has any physical contact with another vehicle [whether or not parked or being driven] or another person, and you leave the scene before... Read More

What is the average settlement for a passenger with pulled muscles in back neck and shoulder?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
That varies greatly based upon a large number of factors that you have not told us about. In which city/county [SF. juries give high awards, counties further north the jurors are more conservative the adjuster tries to guess what a jury might award and not go above that sum. What are the medical bills, any chiropractic treatment, wage loss, symptoms then and now, your age and pre-existing physical condition, etc.... Read More
That varies greatly based upon a large number of factors that you have not told us about. In which city/county [SF. juries give high awards, counties... Read More

Is a lump sum personal injury settlement separate property while married?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
The sum paid for personal injuries is separate property but the rest is community property. ?While most people do not report it to the IRS, the amount for wage loss is income so is taxable except if payable through Workers' Compensation.
The sum paid for personal injuries is separate property but the rest is community property. ?While most people do not report it to the IRS, the... Read More

What do I do if an auto shop broke the seatbelt in my car and took no responsibility?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Do you have any witnesses to the seat belt being okay before you took it in. If no one can say they saw it was okay just a few days before you took it in, it will be their word against your's and you have the burden of proof so it probably will not be worth pursuing. ?It could help if you could say how it was damaged.... Read More
Do you have any witnesses to the seat belt being okay before you took it in. If no one can say they saw it was okay just a few days before you took... Read More

Can I file a case against my doctor for missing a fracture in an X-ray?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Yes, you probably could win a malpractice case, but the cost of doing so might not be worth it. Is he going to charge you for the future hand treatment? ?Contact some malpractice attorneys and see what they think.
Yes, you probably could win a malpractice case, but the cost of doing so might not be worth it. Is he going to charge you for the future hand... Read More

If my boyfriend said I hit his car with my car, and I didnโ€™t but I was scared so I left the scene, what will happen?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Contact the police and tell them you did not hit his vehicle and you left because there was no accident, he did not tell you there was, he has battered you before and since he had been in a fight you felt unsafe being around him. If you have turned in the rental car show them the paper work that shows there was no damage to the car. Immediately stop living with the guy as he is going to cause you more trouble.... Read More
Contact the police and tell them you did not hit his vehicle and you left because there was no accident, he did not tell you there was, he has... Read More

I was hit by a pick up while in a crosswalk.

Answered 8 years and 8 months ago by Mark Kenneth Flores (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
That is usually a standard fee. But your contract should state that the attorneys fees will not exceed your net recovery (and adjustable). Meaning - whatever goes into your pocket the attorney fees will be less than that amount. 
That is usually a standard fee. But your contract should state that the attorneys fees will not exceed your net recovery (and adjustable). Meaning -... Read More

What can I do if company doesnโ€™t respond to an employee hitting my car and case closing without them paying the damage?

Answered 8 years and 8 months ago by Edwin K. Niles (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
Sue the driver and owner (Small Claims Court?)
Sue the driver and owner (Small Claims Court?)

Will I be able to sue the carโ€™s manufacturer if my car flipped and my airbags didn't deploy?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
To collect anything, you need to show that the airbags should have deployed and if they had your injuries would be less severe. ?You need to speak to an attorney who handles airbag cases.
To collect anything, you need to show that the airbags should have deployed and if they had your injuries would be less severe. ?You need to speak to... Read More

Can a parent spend a childโ€™s money won in a out of court settlement?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
In California, settlements of matters in which a lawsuit is filed on behalf of a minor are usually approved by a judge, who orders the net settlement figure to be placed in a trust and not to be paid out until the minor reaches the age of 18 [the court can be petitioned for reasonable expenditures]. The Jackie Cogan law was enacted a long time ago because the parents did spend all the money their minor movie star son made.... Read More
In California, settlements of matters in which a lawsuit is filed on behalf of a minor are usually approved by a judge, who orders the net settlement... Read More

Can you sue someone who killed a loved one for mental anguish and emotional distress?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Her estate is entitled to a Workers' Compensation insurance death benefit, but you probably can not sue in civil court because WC is an exclusive remedy.
Her estate is entitled to a Workers' Compensation insurance death benefit, but you probably can not sue in civil court because WC is an exclusive... Read More

Do I have case if my airbag did not deploy?

Answered 8 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You may have a case, but you have to prove what damages you suffered because the air bag did not deploy and that it did not deploy. If no one else at the accident scene saw it did not deploy, you will have a very difficult time convincing anyone it did not. It sounds like your injuries were not very great so it is doubtful any attorney would take your case as the fee they could earn would not be worth the time they would have to spend on the case.... Read More
You may have a case, but you have to prove what damages you suffered because the air bag did not deploy and that it did not deploy. If no one else at... Read More