California Personal Injury Legal Questions

No! It seems that you are living there rent free; whether that is the situation or not, you have no right to demand the owner kick out the other people, especially since you brought the male into the house. You seem to be taking advantage of the owner. To sue him, you would have to show he was negligent and you have presented no facts indicating he was negligent. You sound a bit sue happy.... Read More

The conviction was not reduced to a "strike." A strike means a criminal conviction, with the sentence being increased with each strike. I do not understand why the DA would ask anything about your wanting probation or prison after he had already been sentenced to 6 months. It sounds as though he served his time in prison and was then released on parole. Even if the judge considered what you said in determining the sentence, you would not be able to find out whether that was a factor or not. You should seriously consider moving elsewhere so he can not find you or the children.... Read More

Look at the California Rules of Court and it will tell you what must be included. You can get a copy of the form from the civil court clerk or on line. If you had insurance, immediately notify your insurance company and they will get a free attorney for you. If you had no insurance, tell the other driver's attorney you were not at fault but are judgment proof as you have no assets [I presume].... Read More

Decide whether you want to keep the car and get a certain sum back or return the car for everything you have paid on it, including registration. They e-mail the owner of the business with a detailed description of the facts, point out the salesman caused the tort of misrepresentation and perhaps even fraud, and make your demand and say if your are not satisfied you have no option but to file a lawsuit. In California, the limit in Small Claims Court is now $10,000 but it can not order the dealer to take the car back [need to file in Superior Court to void the contract]. The statute when to file any suit begin when you knew or reasonably should have know of the improper act; on written contracts it is 4 years.... Read More

Your ins. Co. will pursue the other driver to see if he/she has insurance. If so, they will get reimbursed, and you will get the $500 deductible. The O.D.'s insurance (if any) might not cover as they might say it was an intentional act rather than negligence. You should check your policy to see if the rental car is covered. You could consider suing in Small Claims Court.... Read More

If you only co-signed, then you are not an owner and could not get any insurance coverage since you do not own the car. You need to check what the ownership status is. In general, the owner of a vehicle who is not driving the car at the time of the accident is jointly liable for the first $15,000 of the damages [so if your insurance pays the first $15,000 your mother would not have to pay anything].... Read More

The fact that the glass was broken does not necessarily mean that there was any glass chips inside the glass. If there was a break through the entire glass, some fluid should have leaked out. Consuming glass does not automatically result in any injury [in the circus, sometimes there are some performers who eat glass]. If anything was cut by the glass, there should be some blood in your stool. Speak to your physician to see if you need to worry about anything. I have not handled a case like yours so can not advise you on its possible value. Since it is a claim for emotional distress, it depends upon how much stress you felt.... Read More

If you had a skull fracture and did not see a physician you are crazy. So I assume the injury was much less serious. You can still report the assault and battery to the police; the longer you wait the less trustworthy the police will think as to your report. If you are still with that person, you are crazy, since if he intentionally hit you, no matter how much he may have apologized afterward, he will do it again. You are putting your health in grave danger.... Read More

I do not understand how the accident occurred [how did she get her hand into the pocket], but elevator doors are designed not to close on objects in their way, so it probably was a malfunction. Tell the management of the home what happened and will they accept liability. If your daughter is under the age of six, legally she can not be contributory negligent but you still have to show that the owner had or should have had notice of the defect.... Read More

You do not explain how the lack of an alarm helped cause her to fall. Speak to some local plaintiffs personal injury attorneys, telling them all the facts. Unless it was a state-owned facility, you do not have to first notify the state. The lawsuit has to be filed by your grandmother as you have no standing to sue on her behalf. Is she mentally competent enough to discuss matters with an attorney?... Read More

Yes, you have a chance. In the initial instance, it might be hard to prove negligence. However, once they had notice of the theft, they surely should have saved the images. The big question is whether that would have made a difference. How can you prove that the images would lead you to recovery of the M/C?... Read More

Money for pain and suffering are separate property, for lost wages community property and it is also taxable as income, although I suspect most people do not report it to the IRS. Try to get a letter from your attorney as to what the settlement is for as the insurance company will not do so.... Read More

Compensation for wage loss is community property [if you had not been injured, you would have earned that money and both people's earnings are community property incidentally, temporary disability payments are tax free; I also believe you should be earning vacation pay and sick leave while you are off work, but I think few attorneys push on that]. ?For physical injury, it is separate property. The IRS will accept a reasonable apportionment of what is what since most settlements do not state what they really are for.... Read More

Yes, you make a claim against the store. Contact them and report what happened. They will ask what type of shoes, was your baby bump so large that you could not see if front of you, how large was the grape, any problems walking or with balance before, etc. They may be willing to pick up the medical bills [or difference between the billing and what your insurance paid] and give you a few hundred dollars for inconvenience, but your case has a low value so do not expect much. If their offer is too low, you can sue in small claims court, but the judge will wonder why you fell on a single grape and did the store have adequate notice of the grape so they could have cleaned it up before you stepped on it. It is not that clear the store is legally at fault.... Read More

Ask your attorney. We do not know anything about your case. Perhaps your medical condition has not stabilized, the court where you filed is so backed up it takes a long time to get a hearing, the defense is not interested in making an offer, etc. What may be true in general may be entirely irrelevant as to your case.... Read More