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Questions Answered by Patrick William Steinfeld
7 Answers | Asked in Personal Injury for California on
Q: How hard is it to win a case from a fall do to side walk being uneven and trip hazard.

79 yr old mom perfect health tripped on sidewalk sustaining broken knee cap required surgery ,fractered her wrist and hitting her head. Are these cases very complicated in Ca. This was at her apartment complex. It was clear sunny day in the afternoon when it took place. I have 3 good pictures of... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 19, 2024

These types of accident are not a complex, however, you must show the property owner knew of the dangerous condition (actual knowledge) or should have known (constructive knowledge) of the open and obvious defect. Because of this notice requirement, slip/trip and falls on public sidewalks are more... View More

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5 Answers | Asked in Personal Injury for California on
Q: What is the normal attorney Fees for personal injury. I was told 331/3 plus 1,000 for each deposition and paper request

Can I request to see the settled amount that in insurance company paid out on the law suit. Is it true that Medi-care needs to be re-embured once the award has been granted? How do I know if I have hired the right honest attorney for personal injury?

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 15, 2024

It's important to understand the difference between "fees" which pays your attorney for their time... and "costs" which reimburses your attorney for costs they have advanced on your behalf. Your agreement is controlled by your Retainer so look to it to determine your legal... View More

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2 Answers | Asked in Personal Injury and Legal Malpractice for California on
Q: What do I do if I have two attorneys who have abandoned me in a row.

I have 2 PI claims with the first attorny. He abandoned me. I've seelnt 3 certified letters demanding communication and delivery of my file. No response for 3 months. The second attorneys is less bad but I never hear from him. As a result of the first attorney doing nothing making me do all... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 15, 2024

Attorneys have an ethical obligation to provide you with copies of your file within a "reasonable" period of time. 3-months is "unreasonable". Contact the California State Bar and open a complaint. Provide copies of your "certified" letters. The certified letters are... View More

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3 Answers | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for California on
Q: Can I file for an emergency ex parte order if my child was attacked by two pit bulls while in her father's care?

My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Nov 22, 2023

Call the police or go to the police station and make a police report. This will help you in your request to the court. You can always request an ex parte order for emergencies. If you don't have a family law attorney, request a facilitator. LA family law courts provide facilitators that are... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: My kid was injured in a rental car as the seat belts failed due to them not working. They only want to pay the ER bill.

After driving about 2 hours from the rental place an accident happened right in front of us. I had to slam on the breaks and my kid came out of the seat and slammed into the seat in front of him. My daughters car seat moved but she did not sustain any injuries. My kid went to the er with neck pain... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 28, 2023

The rental agency does not have a duty to inspect seat belts. The reason you can't find an attorney is because your claim for a defective seat belt would be against the manufacture of the seat belt and the vehicle. As you can imagine... that would be very expensive to prosecute. The cost for... View More

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3 Answers | Asked in Personal Injury for California on
Q: slipped in a hotel shower. Had no grip bars, no anti-slip stickers. Fractured my wrist and now have CRPS. Do I a case?

The shower floor was a shower pan with no grip resistance. There were also no grip bars in the shower. The hotel supplied me with a gross mildewed stain bath mat that I did not use. I was taken to emergency and had to get my arm set. I developed a displaced malunion, a torn peripheral and TFCC... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 25, 2023

It sounds like you have a good case against the hotel. The hotel has an obligation to make sure their rooms are safe for people of all ages including those with disabilities. Grip bars are pretty basic and don't cost much so the hotel should installed them in every room to prevent injuries to... View More

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6 Answers | Asked in Car Accidents and Personal Injury for California on
Q: can you sue someone directly for car crash for being negligent other than insurance claim?

I had a car accident almost a year ago. Thank God, my children were already dropped off to school. The person who hit me head-on was high on marijuana (according to the police report) and was speeding, racing with another car and I was hit head-on, resulting in the total loss of both my car and the... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 19, 2023

Yes you can sue someone beyond their insurance, however, if you settle your claim against the at-fault drivers insurance company, they will require you to "release" their insured from any further liability. So you either settle with the insurance company or you file a lawsuit. You... View More

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: should a lawyer represent driver and passenger if only the passenger sustained injuries
Patrick William Steinfeld
Patrick William Steinfeld
answered on Aug 24, 2023

"Can" a lawyer represent both parties? Yes, as long as each client signs a Waiver of Conflict of Interest.

"Should" a lawyer represent both parties? There is an inherent conflict of interest.

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4 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?

2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear

ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.

VW... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jun 22, 2023

Airbag claims are very expensive because they are very litigious and highly dependent on the use of experts. You might be better off searching defective air bag attorney. Don't hire a lawyer just because they advertise as an air bag attorney... this is an area of law where you want someone who... View More

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2 Answers | Asked in Personal Injury, Civil Rights and Landlord - Tenant for California on
Q: Is obstructing someone passing through a hallway an intentional tort? Is it also a "false imprisonment"?

There was a resident in the same apartment complex who obstructed our pathway as we were just walking through a hallway. He was very crazy, hysterical and violent to us. He was charging toward us and waving his arms while yelling, cursing, and screaming at us. The incident was recorded on video... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jun 21, 2023

I think the more pertinent question is... does this crazy, hysterical person who lives in an apt. have sufficient financial means to satisfy a judgment? If you were not physically injured you might consider writing it off as a bad experience with a crazy person. If this person was violent... call... View More

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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

Patrick William Steinfeld
Patrick William Steinfeld
answered on May 26, 2023

The insurance company wants to deal with the medical providers bc the insurer will negotiate a lower bill and save some money. So if your bills are $10,000, the insurance company will offer substantially less to settle the debt and pocket the rest. You want to control the money so you can do the... View More

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3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: If California defendant auto PI case settles for full policy 15K. Normal practice plaintiff collects all of the money

Of Infinity policy holder declaration, max award is 15K. Infinity trying to keep 2700 USD of the 15K stating they are going to pay the lien at the hospital ER. I refused the settlement offer of less than 15K and wish to continue onto trial I told them. Infinity motion for protective order recently... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on May 17, 2023

Insurance companies have a legal duty to protect hospitals for liens related to emergency services. The reason is because pro pers rarely pay off the liens so the law places the burden on attorneys and insurance companies. You might be able to get around this issue if your Release contains a clause... View More

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5 Answers | Asked in Personal Injury, Civil Litigation and Legal Malpractice for California on
Q: Is it possible to sue a attorney for not giving a valid reason why he chose to disengage the representation of a client

Today my attorney emailed me saying he chooses not to represent me in a personal injury type of situation. He hasn’t given me any reason of why he chose not to continue with my claim. He dragged my case on for eight months since the start of my claim and just left me. I don’t know what to do... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 15, 2023

It is not illegal for an attorney to remove themselves from a case without stating a reason. Why? Well... because one day an attorney did just that... they removed themselves from representation for a specific reason. Later another attorney found out that the reason given was wrong. So guess... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Pro Se representation, personal injury

personal injury case. I have an extensive work already done - depositions taken, witnesses asked), an expert hired, medical seen, but haven't done it with the defense lawyer's side on their end. Can I still represent myself with these court procedings instead of going out and hiring an... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 21, 2023

I'm not sure what you mean when you say you "haven't done it with the defense lawyer's side on their end."

Yes you can continue representing yourself.

This really boils down to a costs vs. benefits issue. Generally, if one side has an expert then all sides...
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3 Answers | Asked in Contracts, Personal Injury and Civil Litigation for California on
Q: settlement is reached b4 filing a lawsuit then attorneys fees will be 33%. PI never served complaint? Still a lawsuit?

Personal injury lawyer never served complaint after filing it and summons. Complaint did not outline my case, my injuries or defendants negligence.

On (date): July 19, 2019 plaintiff was injured on the following premises in the following.

Prem.L-4.

fashion (description... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 20, 2023

I don't think you'll find a new lawyer to take over because your new lawyer would have to share fees with your current attorney. Sometimes filing is necessary to leverage a settlement. So there may be a valid reason for the lawsuit. However, there are some attorneys who will file a... View More

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3 Answers | Asked in Personal Injury for California on
Q: PI Litigation attorney wants to withdraw from plantiff's case 2 weeks before settlement conference.

Plantiff finished deposition, requested defendant provide deposition, PL atty stated it wasn't necessary because defendant would just lie. My witness is scheduled for his deposition. Without reason or warning stated he is withdrawing from a case he stated was asking $300,000- 1 million.... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 16, 2023

Something is wrong with your case. It may be liability... it may be damages... it may be that the defendant is judgment proof or it may be your attorney grossly overestimated the value of your case. Attorneys are not in the habit of walking away from a potential $1mil. settlement. Right? I suspect... View More

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4 Answers | Asked in Personal Injury for California on
Q: How do I change law firms once I signed on?
Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 30, 2023

If you have a new attorney they will handle everything. If not... send a letter to your current attorney saying you are terminating their representation and request your entire case file. The attorney is required to provide your file in a timely manner. That's all there is to it. Pretty... View More

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5 Answers | Asked in Personal Injury for California on
Q: Lawsuit in discovery mode… when am I getting a settlement offer?… finished treatment Dec.8th now. IT’s January 28th…

Incident happened August 24th (nied)… treated for 3 months… last session was dec.7th…. Called attorney says claim is in discovery mode….. how long left til claim is done? When should I expect a settlement offer?

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 29, 2023

The best person to ask would be your attorney. Is there a pending lawsuit or a pending claim? If it's a claim against the adverse insurance company, then settlement can takes from weeks to months. If there is a lawsuit the settlement will probably come after discovery... which generally takes... View More

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3 Answers | Asked in Contracts, Personal Injury and Small Claims for California on
Q: what type of lawyer would I need if I did a medical research study and was told wrong information about the study.

I was told wrong information about what I was participating in and had I known I would not have participated.

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 24, 2023

Before thinking about a lawyer consider the value of your claim. Lawyers are expensive and their fees may exceed the value of a potential recovery. Consider small claims court if the value of your claim is less than $10,000.

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6 Answers | Asked in Personal Injury for California on
Q: When I was hit by u/m I was sitting in my car parked not driving I went to hospital went to chiro Had whiplash

MRI for my headache's and neck pain have bulging disk no surgeries no more medical visits I've been told were waiting on medical lien that it would be 30-60 days but it's been over 6 months it's been a struggle since day 1 and still is should I call my insurance co IDK what to... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 23, 2023

It's not fair. There are a lot of uninsured motorists driving in California. The only way to protect yourself and your family is if you have UM (Uninsured Motorist) Coverage. You can find this on your Declarations page of your policy. The Decl page is a summary of your coverage. If you have... View More

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