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1 Answer
| Asked
in
Car Accidents, Consumer Law, Insurance Defense and Personal Injury
for
California
on
Q: Do I need to fill out an asset declaration for an accident claim exceeding my insurance policy limit?
I was involved in an at-fault accident in California, and my insurance policy limit is $30,000. The injured party is claiming an excess of $100,000 in medical bills and pain and suffering. The insurance company is requesting a declaration of assets from me, and I don't have significant assets... View More 
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Emery Brett Ledger
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answered on Oct 23, 2026
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answered on Oct 23, 2026
Yes, in most cases you should fill it out, even if the honest answer is that you have very little. A declaration of no significant assets is often the single most useful document in a policy limits settlement.
Here is why. When the claim is worth more than your $30,000 limit, the injured... View More
Q: Can I pursue action if a store employee hit me and called the police?
I was at a 7-Eleven store in California when an employee hit me with a wet floor sign and prevented me from leaving the premises. The incident was caught on the store's security cameras. The employee did not apologize and instead called the police on me. I am wondering if I have a case against... View More
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Emery Brett Ledger
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answered on Oct 23, 2026
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2026
Getting struck with a wet floor sign and then blocked from leaving can support two separate civil claims in California: battery (an intentional, harmful or offensive touching) and false imprisonment (holding someone against their will without legal justification). The store can also be responsible,... View More
1 Answer
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in
Civil Rights, Medical Malpractice, Civil Litigation and Personal Injury
for
California
on
Q: What are the legal consequences of an involuntary 5150 hold and misdiagnosis in California?
What are the complete legal consequences of being involuntarily held under a 5150 at a hospital, followed by a 12-day stay at a facility presented as "voluntary," during which I was misdiagnosed with a mental disorder? I did not receive any medical evaluations or reports. This situation... View More
PREMIUM
Emery Brett Ledger
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answered on Oct 23, 2026
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2026
A 5150 hold is a civil detention, not an arrest, so it does not give you a criminal record. The details are confidential under Welfare and Institutions Code section 5328, and the hospital cannot share them with your employer, landlord, or the public without your consent or a specific legal... View More
Q: Is my husband's attorney violating legal or ethical responsibilities by not communicating and postponing court dates?
My husband, who is currently incarcerated in California, is represented by a conflict panel attorney who has not communicated effectively over the past three months. Despite his direct attempts to communicate, and my attempts to get information, the attorney responds minimally, often instructing me... View More
Martin Louis Winfield Jr
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answered on Oct 23, 2026
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answered on Oct 23, 2026
For a California criminal case, the key distinction is the attorney's duty to your husband, who is the client, versus what she may disclose to you. California Rule of Professional Conduct 1.4 requires reasonable consultation, keeping the client informed of significant developments, and prompt... View More
Q: Protective, low-income parent, dependency case CPS negligence
I am a protective parent in CA seeking urgent legal guidance to protect my young daughter. I was granted custody after her removal from severe hazardous conditions (hoarding, mold, rat feces). Active Psychosis & Homicidal Ideation: Recorded history of homicidal ideation toward me, active... View More
Martin Louis Winfield Jr
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answered on Oct 23, 2026
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answered on Oct 23, 2026
The threats and conduct you describe warrant urgent attention. If you or your daughter face immediate danger, contact emergency services and the child-protection emergency response unit now; do not wait for the next scheduled hearing. Give them the existing protective order and the specific recent... View More
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