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...Read more »
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...Read more »
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 action...Read more »
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.
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 sure all...Read more »
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.
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... Read more »
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...Read more »
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.
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 complementary...Read more »
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...Read more »
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...Read more »
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...Read 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.