Get free answers to your legal questions from lawyers in your area.
I was in an accident about a month ago (hit by a car as I crossed the street from sidewalk to sidewalk while biking home). I was knocked unconscious for a brief period and woke up to cops around me looking at me with flashlights. I was asked if I wanted to go to the ER in the ambulance and I... View More 
answered on Sep 16, 2020
I highly recommend you consult with an attorney. You may be entitled to recover not only the cost you incurred, but compensation for your (past?) and future medical expenses, as well as your pain and suffering. Based on your description, it sounds like you suffered a traumatic brain injury which... View More
I'm currently a PA resident, and a CA resident gave me a cease-and-desist letter, expressing his intent to sue me for libel (because of an online petition I wrote about him in February 2016).
However, I learned that California's statute of limitations for libel is 1 year, but it... View More
answered on Sep 10, 2020
A defamation (libel and/or slander) lawsuit must be filed within one year after the defendant first communicated each defamatory statement to a person other than the plaintiff. See California Code of Civil Procedure § 340(c).
There are exceptions, but not because a Defendant is out of... View More
That's what the maker is claiming.
answered on Dec 18, 2018
Generally speaking, misuse is a complete defense to a claim for strict product liability so long as the misuse was not foreseeable by the manufacturer. That said, I suggest speaking with an attorney that practices Product Liability since the facts of your particular injury may lead to liability... View More
delayed my ability to file?
answered on Nov 2, 2017
Yes there is a time limit. Personal injury actions in California, including wrongful death, carry a two year statute of limitations. The exception to the two year time period is if the personal injury or wrongful death were caused, or in some instances related to, medical malpractice. If the... View More
From a collection agency
answered on Jun 28, 2017
Before you can be compelled to respond to written discovery questions, you must first be personally served with a copy of the Summons and Complaint. A plaintiff may not serve interrogatories on a defendant within the first 10 days after service of summons or defendant's appearance in the... View More
answered on Jun 23, 2017
No you cannot recover for pain and suffering for wrongful death in California. In California, you can recover the following damages for a Wrongful Death lawsuit:
1. The financial support, if any, that the Decedent would have contributed to the family during either the life expectancy that... View More
emotional distress?
answered on Jun 20, 2017
You (as well as your brother) can individually sue the drunk driver for your personal injury and emotioanl damages, assuming you were injured. Whether you can recover emotional distress damages for witnessing your brother's injuries will depend on several factors including where you and he reside.
answered on Jun 12, 2017
You are likely being asked to sign this declaration so the Plaintiff's attorney can determine whether or not to recommend that his/her client accept your insurance company's policy limit offer, or to reject it and file a lawsuit against you. If you choose to sign the declaration, make... View More
and Records to the insurance company and they keep putting me off now and the deadline is coming up what should I do
answered on Mar 15, 2017
Contact an personal injury attorney as soon as possible. You have two years from the date of your injury to file a lawsuit, or you will forever be barred from bringing a claim for damages. I would be happy to speak with you.
answered on Dec 21, 2016
Yes, more than one person/entity can be held responsible for a dangerous/defect product. Anyone placing a product into the stream of commerce can be found liable.
If you have got the std more then once
answered on Dec 20, 2016
If the person was aware they had an STD, they can be found liable for knowingly transmitting the STD to another person.
Hello. I have been into a fender bender, where I hit someone from behind. I was traveling at less than 20 miles and hour. However, the driver of that vehicle (she was korean) called someone right away, as she got out of the car. Then called other people, but never her insurance. My insurance... View More
answered on Dec 20, 2016
Until you are served with a lawsuit you are under no legal obligation to release the amount of insurance coverage you have.
This was filed 10/3, but I was not served until 10/26. What date must I respond by?
answered on Nov 1, 2016
You have 30 days from the date you were personally served to file your responsive pleading. When the lawsuit was filed has no bearing on when your responsive pleading is due. Regarding the underlying case, if you believe there is a statute of limitations issue (written agreements carry a four year... View More
Can I still sue?
answered on Dec 21, 2016
Yes, can you still recover for injuries arising from a defective product as long as you are still within the statue of limitations. In California this is two years from the time you knew or should have known about the injury.
can we still sue for medical malpractice?
answered on Oct 19, 2016
If your mother's doctor missed a diagnosis he/she may be liable depending on the totality of circumstances specific to your mother's case. That said, there are also important factors to consider regarding whether her delayed diagnosis increased the harm/damage. My office provides... View More
Am I able to sue her for my injuries if she didn't do it on purpose?
answered on Oct 19, 2016
The short answer is yes, you may. Every person has a duty of care to not cause harm to others. For a plaintiff in an injury case, demonstrating a breach of care requires showing that actions taken or not taken by the defendant failed to meet the required level of reasonable care under the... View More
I almost died
answered on Oct 19, 2016
Assuming your doctor did place a heart catheter in the wrong way, he/she may be liable depending on the totality of circumstances specific to your case. To determine whether you have a viable medical malpractice case, there are many important factors to consider, including an analysis of the... View More
even though he's already been charged criminally for assault in the matter?
answered on Oct 31, 2016
Yes. However, until the criminal case is complete, your civil case will likely be stayed. Keep in mind, personal injury claims have a two-year statute of limitations after which your claim will be forever barred from being brought to court. Regardless of the status of the criminal case, you must... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
