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Questions Answered by Edward A. Smith
6 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: If I was injured during work, is my only choice for compensation Workers comp? Why couldn't I get a private attorney?

My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first... View More

Edward A. Smith
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answered on Apr 20, 2023

I'm a little bit unclear about what you mean by “employer ignored your constant requests for help".

However As a personal injury lawyer and workers compensation attorney, I would advise that your best recourse for compensation at this point would be to pursue a workers'...
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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Should you agree to release liability limits?

Second request, was denied the first time. The injury cost to what they are requesting is ridiculous difference.

Edward A. Smith
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answered on Apr 18, 2023

There is little or no downside to revealing insurance policy limits. Most times it will keep the insured out of litigation and a long drawn out fight.

If they file a lawsuit, they can find out almost immediately. So if you do not want to be drawn into a lawsuit give permission to reveal no...
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5 Answers | Asked in Personal Injury for California on
Q: Adjuster want to pay separately for my compensation $2000 and medicals up to reasonable amount directly to provider.

Adjuster said they can’t give the entire settlement to me instead they need to issue payment separately such as compensation $2000 to me and reasonable medical bills related to auto accident up to $10,000 to doctors. I told them I am the responsible person to pay back and want to entire... View More

Edward A. Smith
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answered on May 26, 2023

The adjuster is trying to bully you. There is no law requiring an insurance carrier to pay medical providers separately from you, the person injured. Insist that he pay you directly. If he refuses you can file suit yourself against the insured or hire an attorney to do so.

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2 Answers | Asked in Car Accidents for California on
Q: I was involved in an accident where a man j-walked right in front of my vehicle, I was unable to avoid hitting him

He died as a result.

is it already a foregone conclusion that I will be sued, and that my Insurance policy will pay-out, and the family’s lawyer will be able to go-after whatever assets I own, even if the Sheriff’s dept. has concluded that I am not guilty of any wrong-doing?

Edward A. Smith
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answered on Oct 6, 2021

Most of the time, depending on your assets and insurance, they will not go after you personally. Your insurance will likely offer up your policy limits and if the attorney for the decedent's estate does not accept that offer of limits, then they will take you to court and will need to prove... View More

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4 Answers | Asked in Car Accidents for California on
Q: Why would my accident attorney request my insurance provider information if the accident was caused by the other driver?

I was rear ended which resulted in me getting two (2) epidural injections

Edward A. Smith
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answered on Jun 8, 2021

Your attorney will first sue the other driver, but in most cases, the recovery will be limited by the amount of the other driver's liability limits. If the other driver has a 15/30K policy for example, and if your injury is worth more than 15K, you can collect 15K from that third party and the... View More

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4 Answers | Asked in Car Accidents for California on
Q: Got into a car accident, need advice.

Car was out of gas at night with no lights or Indicators on. Crashed into it. Who is at fault?

Edward A. Smith
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answered on Jun 8, 2021

There is an excellent chance you may recover because the car you hit did not have lights of flashers on. In those circumstances, there is at least partial negligence on that driver.

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2 Answers | Asked in Wrongful Death for California on
Q: Tenant's relative was accidently drowned in the pool. The tenant filed wrongful death. What should I do?

I rented my property to a tenant. Her mother had Alzheimer, which I did not acknowledge before she signed the lease. Last year her mother was found drowned in the pool. Now the tenant filed a lawsuit for wrongful death. The insurance doesn't cover human injure. Short of money due to... View More

Edward A. Smith
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answered on Jan 18, 2021

I have almost ever seen an insurance policy on a residence of apartment that does not cover Wrongful Death. Who told you that it does not cover that? Ed Smith

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3 Answers | Asked in Personal Injury for California on
Q: I am a plaintiff in a personal injury case. Defendant filed a Summary Judgement which was denied.

This is a personal injury slip and fall case. Defendant is not interested in mediation and has filed a 998 with the offer for me to dismiss the lawsuit and waive all cost. My court date is 3 months away. Now my attorney says they might be interested in offering me a small nuisance settlement. I... View More

Edward A. Smith
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answered on Nov 26, 2019

Something doesn't sound right here. Is this a disputed liability case? How did you fracture your knee. Do you have a trial date yet? It may not be too late to substitute another attorney, but it depends on how close to trial you are or whether you will be able to get a continuance.

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4 Answers | Asked in Personal Injury and Products Liability for California on
Q: Under what conditions can a person withdraw their agreement to a settlment if the defendant has not paid in a year?

Mesh I'm a victim up I'm a victim of transvaginal mesh I signed my settlement over a year ago and now I need additional surgery they still have not paid me and I want out of the contract

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answered on Mar 13, 2019

Reach out to your attorney who represented you for your original settlement to discuss this matter. I do not know the particulars of your case. Since I did not represent you for the initial case, I cannot state if you have money set aside from your settlement for future treatment.... View More

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3 Answers | Asked in Personal Injury for California on
Q: I was at-fault in a car accident last year. I am a California resident.

My insurance company has advised me that the other driver is asking for more money than my policy covers. I am 70, on Social Security. I also have self-directed IRA from which I am taking monthly Required Minimum Distributions. Question: How can I protect (or minimize exposure) my IRA from lawsuit?

Edward A. Smith
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answered on Feb 5, 2019

If you file Bankruptcy, your IRA is protected up to 1 Million Dollars.

They will likely go away.

Ed Smith

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4 Answers | Asked in Car Accidents for California on
Q: What rights does an uninsured driver have if they were severely injured in a car accident at no fault of their own?

My mother was recently in a car accident that left her with extensive neurological and spine damage, I want to know what her rights are and who I/we should be pursuing legal action against. The other driver hit her vehicle from the rear, the damages to the vehicle and treatment for her injuries... View More

Edward A. Smith
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answered on Jan 24, 2019

Your mom should hire an experienced personal injury lawyer immediately. The most important question if responsibility is clear and if your mom has permanent injuries is the amount of insurance of the other driver as well as the owner (And the employer if the other driver was working at the time).... View More

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