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 9
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Recent Legal Answers

How long do I have to press assault charges?

Answered 8 years and 11 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Do it as soon as possible, but you probably would have to do it within a year.
Do it as soon as possible, but you probably would have to do it within a year.

What are my options here if STD was found and I was never informed?

Answered 8 years and 11 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
They should give you an explanation, but your probably could not force them. If you want to pursue it further, get your senator to send a letter, as they always pay attention to that.
They should give you an explanation, but your probably could not force them. If you want to pursue it further, get your senator to send a letter, as... Read More
The police should be easily able to get the owner information on the car that ran the red light; if the car going in the opposite direction was speeding [it obviously traveled a much greater distance than you], it might have some legal responsibility. Contact his insurance copy and say you think he does have some liability and you need some money to either repair or replace your car or you will have to keep on using a rental car. Tell them they should push the police to get information on the driver who ran the red light [they may want him for hit and run].... Read More
The police should be easily able to get the owner information on the car that ran the red light; if the car going in the opposite direction was... Read More

Are we able to file a complaint and force the city to fix the alley or at least put up some official caution or danger signs?

Answered 8 years and 11 months ago by Edwin K. Niles (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Yes, please see an injury lawyer ASAP. There are special rules to be followed with a City claim, so don't delay!
Yes, please see an injury lawyer ASAP. There are special rules to be followed with a City claim, so don't delay!

Can I still sue my employer even though it's been a year since the accident or what can I do at this point?

Answered 8 years and 11 months ago by Edwin K. Niles (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
You have 2 potential claims: Workers comp, and negligence. Under w.c., you will get all medical treatment and a permanent disability rating. This is a "no fault" system, and is not designed to fully compensate you. With a negligence claim, you must be able to prove that someone (another employee?) was careless. You should see an injury lawyer AND a w.c. lawyer ASAP. There are statutes of limitations, so don't delay. Your local bar assn. will have a referral plan.... Read More
You have 2 potential claims: Workers comp, and negligence. Under w.c., you will get all medical treatment and a permanent disability rating. This... Read More

If I drive my dadโ€™s car that no longer has insurance, am I still covered?

Answered 8 years and 11 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Covered by what? If he has no insurance, the only coverage would be your own. I suspect there would be no coverage, but call your carrier to see.
Covered by what? If he has no insurance, the only coverage would be your own. I suspect there would be no coverage, but call your carrier to see.

If my son hit a fire hydrant but the fire department said that we are okay, will anything else happen?

Answered 8 years and 11 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You should not worry as there is nothing else you can do. The City does have a claim against you for the property damage, but they will either send you a letter or do nothing. If no one has your name or address, how can they contact you? Your son technically is liable for leaving the site of damage to property, but if the fire department does nothing, neither will the police. In all likelihood, nothing will happen [this opinion is partially based upon my 10 years working for large city].... Read More
You should not worry as there is nothing else you can do. The City does have a claim against you for the property damage, but they will either send... Read More

Can I sue him when the lease is up?

Answered 8 years and 11 months ago by Georges Herman Shers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
It sounds like you have made a contract [can be oral or written]; since he will be breaching, you can sue him for the damages. You are required to make reasonable attempts to mitigate your damages, so you should try to find a replacement roommate [also, you never know if you can collect on any judgment so you want to reduce your damages].... Read More
It sounds like you have made a contract [can be oral or written]; since he will be breaching, you can sue him for the damages. You are required to... Read More

Am I at fault for hitting another driverโ€™s door as I pulled into a parking spot?

Answered 8 years and 11 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
How can both the hood in front and the tail light in the rear both be damaged, especially by a door that probably impacted the side of your car? In any case, the driver of the other car should not have open his door without first checking to be sure it was safe to do so. But you would be required to properly enter the parking space. It seems to be that you may have been too far from the center of your space [unless it was abnormally narrow]. If you have liability coverage, your insurer will pay for all the costs of repair but if you were at fault, they will not cover the deductible. They might also increase your premium rate.... Read More
How can both the hood in front and the tail light in the rear both be damaged, especially by a door that probably impacted the side of your car? In... Read More

Can I still file an incident a year later?

Answered 8 years and 11 months ago by Mark Kenneth Flores (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
We need more facts as to the original car acccident such as the time and place of the accident; if there is a police report; if the other driver has insurance and/or if you have Uninsured Motorist insurance; and what other injuries you had besides the knee surgery. In addition, we need further details on your second accident at IHOP including whether a report was taken and if you went to the doctor for your neck injury.     Please email your responses to the above questions.   Thank you.... Read More
We need more facts as to the original car acccident such as the time and place of the accident; if there is a police report; if the other driver has... Read More

Can she take more money from my mother from a dog bite 18 years ago?

Answered 8 years and 11 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
In California, there is a two year Statute of limitations [used to be 1 year so probably the 1 year period applies] for suing as to personal injuries. ?That is held in abeyance [stayed] until a minor reaches the age of majority, which is 18 [not 21]. No attorney will handle her suit as she is clearly barred from suing. Write her saying this and that if she sues you will recover any filing fees you have. It also is possible that your mother's insurance may have settled the entire case back then.... Read More
In California, there is a two year Statute of limitations [used to be 1 year so probably the 1 year period applies] for suing as to personal... Read More

If I found a bloody band aid inside my hamburger, could I sue the fast food chain where I bought it?

Answered 8 years and 11 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
It being one year since the incident, it is doubtful anyone will believe you. You would have to have declarations under penalty of perjury from several people saying you mentioned it back then. Since you did not eat any part of the hamburger, your emotional damages were minimal. You could show it to the restaurant manager but the better course of action is to forget it.... Read More
It being one year since the incident, it is doubtful anyone will believe you. You would have to have declarations under penalty of perjury from... Read More

Can I sue a toothpaste company if I got gingivitis while using their product regularly?

Answered 8 years and 11 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You would have to prove that the tooth paste caused or contributed to the gum disease, which would require experts and cost a large amount of money. ?Unless your attorney could find several other people with the same situation so as to make a class for a class action suit, the costs involved might exceed any damages awarded. Ask your dentist what they think the relationship between the disease and the tooth paste is, but i doubt very much they will blame the tooth paste.... Read More
You would have to prove that the tooth paste caused or contributed to the gum disease, which would require experts and cost a large amount of money.... Read More

What can I do if a female has repeatedly vandalized destroyed stolen and sabotaged my belongings, but I donโ€™t have a proof?

Answered 8 years and 11 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
If you have no proof, all you can do is ask her to stop and prevent her from getting close to your items. It does not make any sense as to how she can get so close to do what you claim. No disrespect meant, but are you sure you are not imagining things? Has anyone ever verified what you claim?... Read More
If you have no proof, all you can do is ask her to stop and prevent her from getting close to your items. It does not make any sense as to how she... Read More

How do I know if it was molestation that my stepbrother did to me?

Answered 8 years and 11 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Yes he molested you and it was a crime. You can speak to the local police to see if you are barred by the Statute of Limitations or not. It probably will be up to the police where the incidents occurred to act again him. You will have problems proving what occurred since you have not spoken to anyone about it for years and your remained friendly with him. He probably will do the same thing to his own daughters. You should try to see a counselor to see if they can help. Once you make the claim, it may cause problems within your family, but it should be done so that he does not do it again and to punish him. But you need to have a detailed plan as to how you bring it out. There may also be some local women's groups that help as to sexual abuse. None of what happened is your fault [your masturbating has absolutely nothing to do with what happened] and he knew very well what he was doing was illegal and morally degenerate.... Read More
Yes he molested you and it was a crime. You can speak to the local police to see if you are barred by the Statute of Limitations or not. It probably... Read More

Can a sub-contractor worker sue if he was working on the roof and went to reach for his tool that was falling off the roof and fell?

Answered 8 years and 11 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
What negligence was there on the part of the homeowner? You had control and the homeowner did nothing. If their insurance was reinstated, that means it was not in effect before. You can make a Workers' Compensation claim with your company but I do not think you can against the homeowners WC coverage as you were not working for them.... Read More
What negligence was there on the part of the homeowner? You had control and the homeowner did nothing. If their insurance was reinstated, that means... Read More

If my studio was broken into and thousands of dollars in valuables stolen, I know who did it, how must I prove it was them?

Answered 8 years and 11 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Why have you waited to tell the police? Whether they test the butt or not is their decision. They also will decide what information they need.
Why have you waited to tell the police? Whether they test the butt or not is their decision. They also will decide what information they need.
How much do you think your damages are worth very little, so not worth any lawsuit. Also, you would have a difficult time convincing anyone that during the time the pie was taken out of the oven until you started to eat it it was still so hot. Moreover, if it was that hot, why did you not feel that when you first picked up the slice to eat it?... Read More
How much do you think your damages are worth very little, so not worth any lawsuit. Also, you would have a difficult time convincing anyone that... Read More

What can be done if a store clerk pads my son in the butt?

Answered 9 years ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You complain to the manager of the store and insist the clerk is fully made aware that he can not touch anyone.
You complain to the manager of the store and insist the clerk is fully made aware that he can not touch anyone.
I do not understand the facts of the matter. Are there two witnesses or it just your children who saw nothing? If you do not have any evidence of the physical abuse, there is nothing the DA can do, but if your husband violated the restraining order than he could act. If you have had the order for 5 years why is he not your "ex".... Read More
I do not understand the facts of the matter. Are there two witnesses or it just your children who saw nothing? If you do not have any evidence of the... Read More
If she was a designated fall risk, the hospital could be legally responsible, depending on facts and circumstances not present in your question.
If she was a designated fall risk, the hospital could be legally responsible, depending on facts and circumstances not present in your question.

Can I sue the bus company if they are at fault in the accident?

Answered 9 years ago by Edwin K. Niles (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
If you or your passenger were injured, you should see an injury lawyer ASAP. If the bus co. is City (or governmentally) owned, please note that there is a special claim filing statute which requires prompt action on your part. The bus co. will probably have its own forms. Count on a fight.... Read More
If you or your passenger were injured, you should see an injury lawyer ASAP. If the bus co. is City (or governmentally) owned, please note that there... Read More

Is this worth suing if Cal OSHA told the company that they are 100% at fault?

Answered 9 years ago by Georges Herman Shers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
You are entitled to Workers' Compensation benefits, but that prevents you from filing a civil suit. You should contact a local applicant's/employee's attorney to see if you need an attorney.
You are entitled to Workers' Compensation benefits, but that prevents you from filing a civil suit. You should contact a local applicant's/employee's... Read More

Is this worth suing if Cal OSHA told the company that they are 100% at fault?

Answered 9 years ago by Carl Lee Brown (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
Hello, Conveyors usually have guards. If the employer removed a guard from the conveyor and you were injured as a result. You may be able to take additional legal action.
Hello, Conveyors usually have guards. If the employer removed a guard from the conveyor and you were injured as a result. You may be able to take... Read More
Did you obtain the police report? If so, can you fax it to me? 805-456-4433
Did you obtain the police report? If so, can you fax it to me? 805-456-4433