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Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for California on
Q: Wrong size implants were fraudulently put in and 2nd expert surgeon said v.high chance of complete implant failure.

I want the 4k refund to go to honest surgeon and get proper implants. Also was given a general anesthetic injection without my permission or any consultation. Hand injury result from brutal injection.

Dale S. Gribow
Dale S. Gribow
answered on Dec 7, 2022

contact a LOCAL negligence lawyer asap.

a good lawyer needs to review all the facts and possibly retain experts to build a case.

if you are just looking for the $4k, consider small claims court where you can sue for up to $10k.

first, write a detailed letter of your issues...
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2 Answers | Asked in Car Accidents, Employment Law and Personal Injury for Florida on
Q: I was clocked in at job and was directed to work at a sis property approx 30 miles away.in route was injured in car acci

Accident requiring back surgery.my question is should being on time clock at time of accident be helped by my employers workers comp? And if so is it to late ??

Charles M.  Baron
Charles M. Baron
answered on Dec 7, 2022

Yes, workers comp is for on-the-job injuries. You were driving as part of your paid duties, so you were on the job. But if the accident was the other driver's fault, you can also set up a claim with that driver's insurance and, if necessary, sue the driver (and owner, if different from... Read more »

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3 Answers | Asked in Personal Injury, Landlord - Tenant and Legal Malpractice for California on
Q: Is it proper for an California Attorney to settle a civil liability case by including property damages in the settlement

I suffered personal injury and property damage as a result of my Landlord's failure to provide an apartment free from mold and other contaminants. I had a separate renter's insurance policy and my doctor told me that I must trash all of my personal belongings (clothes, furniture, etc).... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Dec 7, 2022

It will depend on what the fee agreement says. As a general matter, there is nothing improper about doing so.

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1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Q: I fractured both my elbows around the second week of October 2022. Emergency Room - Methodist Hospital of Sacramento

They didn't diagnose me incorrectly they only looked at one elbow instead of both. They told me it wasn't fractured. Which it is fractured. And now my main Dr/nurse practitioner and the office seem to be dragging there feet. I didn't get informed about the referral for an MRI for my... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 7, 2022

A California attorney could advise best, but your question remains open for four weeks. No one here would be able to answer your question about whether you have a case. An attorney would need to review the file. Med mal law firms typically offer free initial consults. You could reach out to law... Read more »

1 Answer | Asked in Personal Injury and Libel & Slander for Oregon on
Q: is sending a defamatory message a legal offence in Oregon?

A text message that is accusatory of a Federal and State crime(s) but is false is sent to a group of individuals. Factually the accusations are false. It was sent with intention to harm. Has this sender committed:

1 - Offence

2 - Crime

3 - Neither

4 - Both

Brad  Holbrook
Brad Holbrook PRO label
answered on Dec 5, 2022

The question asks essentially, "Whether sending a text message that accuses someone (falsely) of a state and/or federal crime is lawful?" Clearly, if you speak a false statement about someone to a third person(s) in manner that is called "publishing", it is actionable as... Read more »

1 Answer | Asked in Personal Injury, Elder Law and Libel & Slander for California on
Q: Can I sue my grandson’s mother for harmful lies she tells about me? She is trying to alienate me from my grandson.

My grandsons mother has alienated my son. Now she is beginning the hateful vicious lies about me. I am 66 years old. My grandson and I have a very close bond. He loves his grandma and I love him. His mother doesn’t seem to care about the abuse she is causing to her son

She does not... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 5, 2022

Yes, anyone can sue for anything at any time.

The issue, in my opinion, is whether you can find a lawyer to accept the case on a contingency. That means the lawyer would not get paid unless the case settles/goes to trial with a verdict for you.

I think you will have a difficult time...
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2 Answers | Asked in Estate Planning, Wrongful Death, Military Law and Personal Injury for California on
Q: Does a widow remain next of kin indefinitely even if they remarry?

My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?

Adam Stoddard
Adam Stoddard
answered on Dec 5, 2022

Typically in a wrongful death lawsuit, all heirs must join either as plaintiff's themselves or as a nominal defendant. You may also have to comply with the Federal Tort Claims Act. Given that he died over two years ago, you may also have a statute of limitations issue. You should consult an... Read more »

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1 Answer | Asked in Car Accidents, Employment Law, Personal Injury and Wrongful Death for Virginia on
Q: Does the potential for a wrongful death suit exist?

A relation of mine worked as a garbage man. He was called in on his day off. He was run over by the garbage truck. His internal organs, pelvis, and head were all shattered. He survived. Days after being released from the hospital he died in his sleep. Can his immediate family file suit for wrongful... Read more »

Jan F Hoen
Jan F Hoen
answered on Dec 5, 2022

More facts are needed about the circumstances of the accident but, in general, the employer has immunity from liability for a work injury. Given the severity of his injuries, unless it can be proven by a medical expert that the death resulted from negligent treatment and he otherwise would have... Read more »

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Health Care Law for Minnesota on
Q: how can i be so violated in my rights and yet not have legal assistance in civil claims? is it easier to not help?

i have valid claim for county liability.

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2022

A Minnesota attorney could advise best, but your question remains open for a week. It isn't clear what the matter is about, but keep in mind that if your claim involves a county or public agency, it's possible there could be notice of claim elements. Only a Minnesota attorney could advise... Read more »

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Elder Law for Georgia on
Q: I am a widow, 84 yrs. old and I want to know if there is someway I can disown an adopted daughter, 56 yrs. of age.

She is currently incarcerated for elder abuse and several other charges, none of which have been waived. I can reveal more history as needed to receive an answer. I am writing this myself with no prompting from another person. I am totally independent, pay my own mortgage, bills, etcetera.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 3, 2022

You aren't required to talk to her or have any dealings with her. You can also write a will or estate plan excluding her if you wish.

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1 Answer | Asked in Personal Injury and Real Estate Law for South Carolina on
Q: Our tree drops branches on a neighbor's yard. Can he sue us to pay to trim branches over his yard, or for damages?

The branches of a tree in our yard extend into a neighbor's yard space. The neighbor states that he would prefer not to pay a tree service himself to trim the branches.

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2022

A South Carolina attorney could advise best, but your question remains open for three weeks. Until you consult with a local attorney for specific property law, the short answer nationwide is that one could be liable for damage their overhanging tree causes to a neighbor's property. Good luck

1 Answer | Asked in Criminal Law, Elder Law, Estate Planning and Personal Injury for Colorado on
Q: I have a serious case of elder abuse, robbery, theft, financial exploitation. Plus inheritance stolen...??.... Contingen

What do I do? No one seems to want to help me. Will was redone misspelling my father's name. This was done 3 months before he died at 82 with a brain tumor 3 other forms of cancer with radiation treatments. Found out there was a reverse mortgage put on the house for $1,140,600. On October 20,... Read more »

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Dec 1, 2022

You need to call an attorney to protect your rights. Attorneys in Burg Simpson’s commercial litigation department may be able to help. Additionally, attorneys who litigate probate cases involving estate planning/wills/trusts may be able to help. Bottom line: you should call an attorney.... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Colorado on
Q: I have accident I fold down from roof and I don't have any insurance with me so my question is if I can make claim

So I want to know if I can make claim at the insurance of the house

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Dec 1, 2022

If you were working for someone else or on someone else’s property, you may have a claim. If you were injured on the job, you should probably call a worker’s compensation lawyer. If you not working when you were injured, for instance, if you were helping a friend with their roof, you should... Read more »

2 Answers | Asked in Personal Injury for New Hampshire on
Q: Can a judge file a civil lawsuit(not in their official capacity)against a party in the same jurisdiction the judge works
Robert S. Stephen
PREMIUM
Robert S. Stephen
answered on Nov 30, 2022

In New Hampshire, if the judge is not a full time judge (i.e. a per diem judge), he or she may practice law and can file lawsuits on behalf of a client. The rules would require the judge not to practice in the division of the court that he or she serves in. Therefore, for example, a per diem or... Read more »

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Hi, I need help to file a malpractice case against Kaiser , any suggestions, Thanks

Got a lumbar surgery in 2018 cuz they were thinking I have bulging disc which I didn’t. This year they found out it’s MS, so they made me go through lumbar surgery for no reason.

Adam Stoddard
Adam Stoddard
answered on Nov 30, 2022

If you are a Kaiser member, then you have to pursue a suit against Kaiser through arbitration. You therefore cannot file a lawsuit in the superior court. You have 1 year from the date of knowledge to commence your acction (CCP 340.5).

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4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Are there any state or federal laws that prohibit vehicles from stopping Abruptly on the freeway?

I was involved in an accident on US 101 where a big rig that was in front of me came to an abrupt stop to avoid hitting a few dogs that ran in front of him on the freeway. I was only going 40 miles an hour, it was foggy and by the time I realized that he had come to a complete stop it was too late... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on Nov 30, 2022

When you rear end someone it usually is your fault. The law states you should only be going as fast so that you can stop if the vehicle stops in front of you. What if it was a small child the truck stopped for? Do you think it would still be the truck's fault. As far as appealing it... I have... Read more »

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4 Answers | Asked in Personal Injury for California on
Q: Company admitting there allegations. Do you think they will accept my asking price $500,000?

I have a letter from the company admitting there allegations, what do you believe will happen? Do you think they will accept my offer for $500,000?

Adam Stoddard
Adam Stoddard
answered on Nov 30, 2022

Unfortunately, you did not provide enough details or information to give you a great answer. What is the company? What are the allegations? What are your damages?

A company admitting allegations is not really helpful. A company admitting their negligence and said negligence caused you...
Read more »

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5 Answers | Asked in Personal Injury for California on
Q: I finished all of my therapy treatment for my lawsuit, what will be the next step?

I have a letter from the company admitting there allegations, what do you believe will happen? Do you think they will accept my offer for $500,000?

William John Light
William John Light
answered on Nov 30, 2022

You don't describe your injuries, or the cost of your medical care, or whether you have ongoing physical limitations. However, if you are done with therapy, it sounds like your injuries were not severe or permanent, in which case there is zero chance that your case will settle for $500k,... Read more »

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1 Answer | Asked in Personal Injury on
Q: Who was Royal Raymond Rife and the original Rife machine? Shattering cancer cells with resonant frequencies TEDx youtube
Tim Akpinar
Tim Akpinar
answered on Nov 30, 2022

He was an inventor. You would probably find more about him on scientific sites than legal sites. Here is a link - https://www.biologicalmedicineinstitute.com/royal-raymond-rife

Good luck

1 Answer | Asked in Personal Injury for Oregon on
Q: If I hurt someone on accident, can they make me pay their medical bills?

I accidentally shot a girl in the face with an air soft gun at a fraternity party and she was injured. There was drinking involved with all parties. They are now making me pay their medical bills. I am wondering if they can do this and if the other parties would also be liable. There were other... Read more »

Brad  Holbrook
Brad Holbrook PRO label
answered on Nov 29, 2022

I am sorry for the circumstances of the shooting. Guns and drnking are not a healthy combination and lead to a lot of accidental shootings. In short, it would be my opinon that you are liable to pay for any medical treament that is reasonable, customary, and necessary, and for any and all... Read more »

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