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Questions Answered by Jonathan S. Dennis
3 Answers | Asked in Products Liability and Personal Injury for California on
Q: Is it true that I might not be able to get my medical bills paid if I misused a defective power tool that injures me?

That's what the maker is claiming.

Jonathan S. Dennis
Jonathan S. Dennis 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... Read more »

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5 Answers | Asked in Wrongful Death for California on
Q: Is there a time limit for filing a wrongful death claim? What if my spouse died and I was severely injured and that

delayed my ability to file?

Jonathan S. Dennis
Jonathan S. Dennis 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... Read more »

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2 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: I received a DISC001 in the mail. I was not stamped by court or certified. Should I answer?

From a collection agency

Jonathan S. Dennis
Jonathan S. Dennis 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 action... Read more »

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2 Answers | Asked in Wrongful Death for California on
Q: Can you seek damages for pain and suffering in a wrongful death case?
Jonathan S. Dennis
Jonathan S. Dennis 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...
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6 Answers | Asked in Car Accidents for California on
Q: I saw my brother get severely injured as a passenger in the car I was driving when a drunk driver hit us. Can I sue for

emotional distress?

Jonathan S. Dennis
Jonathan S. Dennis 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.

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4 Answers | Asked in Car Accidents for California on
Q: I was given affidavit to sign regarding my assets because I might owe more than my insurance covers....do I have to ?
Jonathan S. Dennis
Jonathan S. Dennis 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 sure all... Read more »

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4 Answers | Asked in Car Accidents for California on
Q: I was in a car accident December 2015 and hurt really bad almost died went through physical ther and submitted my do and

and Records to the insurance company and they keep putting me off now and the deadline is coming up what should I do

Jonathan S. Dennis
Jonathan S. Dennis 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.

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3 Answers | Asked in Products Liability for California on
Q: Is there more than one person or entity that can be held responsible for a dangerous product in a single lawsuit?
Jonathan S. Dennis
Jonathan S. Dennis 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.

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1 Answer | Asked in Personal Injury for California on
Q: Hi I wanted to know if someone has gave someone an STD and they have emotional distress is it right to compensation?

If you have got the std more then once

Jonathan S. Dennis
Jonathan S. Dennis 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.

3 Answers | Asked in Personal Injury for California on
Q: Question about fender bender

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 »

Jonathan S. Dennis
Jonathan S. Dennis 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.

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1 Answer | Asked in Consumer Law for California on
Q: I am being sued by a credit card collector for $1675 for a debt I believe is older than 4 years

This was filed 10/3, but I was not served until 10/26. What date must I respond by?

Jonathan S. Dennis
Jonathan S. Dennis 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... Read more »

3 Answers | Asked in Products Liability for California on
Q: There has been a recall on my car model but I didn't know until after I was injured because of the defective part.

Can I still sue?

Jonathan S. Dennis
Jonathan S. Dennis 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.

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2 Answers | Asked in Personal Injury for California on
Q: My mom feels like her doctor missed her diagnosis of cancer but if she only saw him once and then it was discovered

can we still sue for medical malpractice?

Jonathan S. Dennis
Jonathan S. Dennis 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 complementary... Read more »

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2 Answers | Asked in Personal Injury for California on
Q: I was at Disney Land and a woman in a scooter ran over my foot.

Am I able to sue her for my injuries if she didn't do it on purpose?

Jonathan S. Dennis
Jonathan S. Dennis 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... Read more »

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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: A Doctor placed a heart catheter in the wrong way in October of 2015. not aware of until April 2016. what can i do?

I almost died

Jonathan S. Dennis
Jonathan S. Dennis 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... Read more »

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2 Answers | Asked in Personal Injury for California on
Q: Am I able to file a personal injury lawsuit against a person

even though he's already been charged criminally for assault in the matter?

Jonathan S. Dennis
Jonathan S. Dennis 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... Read more »

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