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Questions Answered by William John Light
3 Answers | Asked in Legal Malpractice for California on
Q: Hello, I retained personal injury lawyers for a slip and fall case. It took over 4 years to finally settle.

During this time, I was never able to reach my attorney or ever got return calls or emails. They canceled countless hearings without any notice when I took the day off of work to attend. The case never went to trial and settled for $300,000. The law firm took $200,000 of that amount plus... View More

William John Light
William John Light
answered on Dec 17, 2024

If you kept about 1/3 of your settlement, you did well. It also sounds like your attorney reduced his fee if you kept $100,000. Fees for a case of that age are frequently 40%. Even at a 1/3 fee, plus costs and medical expenses, you wouldn't get $100,000, unless the attorney reduced his fee.... View More

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2 Answers | Asked in Insurance Bad Faith and Real Estate Law for California on
Q: Do homeowners have a duty to maintain trees or can they rely on insurance companies to cover any damages they cause?

Neighbor is limiting the use of my driveway. I cannot park in my own driveway where I want because of a hazardous tree.

A homeowner on my street, has a hazardous tree he refuses to remove (a very large dead Modesto Ash). The ground at the base of the tree can be seen lifting up during... View More

William John Light
William John Light
answered on Dec 13, 2024

You can contact the city, which may have an ordinance about diseased or dead vegetation. Code enforcement might require him to remove the tree. Otherwise, you would have to file a lawsuit alleging a nuisance, and request an injunction ordering him to remove the dead tree. You would need a... View More

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6 Answers | Asked in Criminal Law, Libel & Slander, Personal Injury and Civil Litigation for California on
Q: what type of attorney sues for premise liability, intentional infliction of emotional destress, assault and battery.

I was attacked by security guards at a restaurant, the same guards stalked me for over a year(have it documented in photos and videos the lawsuit would be intentional infliction of emotional destress, premise liability due to being assaulted and battered at their establishment. Defamation is a... View More

William John Light
William John Light
answered on Dec 9, 2024

An important question for you to answer when speaking with any attorney is, if those security guards were stalking you for over a year, why were you at that restaurant? Presumably, the security guards worked there. Security guards do not roam freely. They are typically assigned to a particular... View More

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4 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Personal Injury for California on
Q: PLEASE HELP! A HARDWARE STORE ACCEPTED A RETURNED USED BLACK MOLD TEST KIT. RESTOCKED ON SHELF AND SOLD TO ME.

My father and I first time using one opened in car and came subject to tons of unknown spores. I went to hospital that night I couldn't breathe. Next day called store manager told me he would call me on 10 mins after fetching from return box. I didn't get a call for 7 hours and was... View More

William John Light
William John Light
answered on Dec 5, 2024

Unless the store knew that the kit had been used and contained "spores", it was the victim of an unscrupulous return. Perhaps, a strict products liability theory gets you past that hurdle. You then have to prove that your breathing issue was caused by the "spores". Testing on... View More

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5 Answers | Asked in Animal / Dog Law and Personal Injury for California on
Q: I was bitten by a dog 2 months ago on the wrist while house sitting and I have a referral to see a hand surgeon in June,

I was bitten on the wrist by a dog I was house sitting about 2 months ago, and it seems to have affected my tendons. The dog has a past history of biting, the owner's homeowner's insurance just paid out some money to a lady the same dog bit 6 months ago.

I also know that the... View More

William John Light
William John Light
answered on Dec 1, 2024

You have a case. Contact one of us on Justia or another personal injury attorney to discuss. This will involve making a claim against the homeowner's insurance company. You will likely be referred to a hand surgeon who will evaluate you on a lien, meaning s/he gets paid out of the future... View More

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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I rear-ended a vehicle at 5 MPH that was sitting in the middle of the street with his car running and flashers on.

He claims he was hit by another vehicle that fled the scene and is now suing me for $150,000. My insurance is looking to settle the claim from my policy limits, but he didn't mention that another vehicle hit him before me. I also suspect he was uninsured that night. Can you stay in your car... View More

William John Light
William John Light
answered on Nov 25, 2024

Maybe you can. There are a lot of variables. How disabled was the car? How injured was the driver? How busy was the street?, etc. The decision to settle belongs solely to your insurer. There is nothing you can do about it, except communicate to your insurer the facts that you think are... View More

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2 Answers | Asked in Wrongful Death for California on
Q: Can I sue a radiologist or radiology team for missing a new lesion for existing brain cancer?

My daughter was born in 2014 and diagnosed with brain cancer in 2021. Rady children’s has royally screwed up everything in the beginning.

Anyhow, she shall soon pass away. Going into 2024, we got robust control of everything in 2023, stable. But then big misses were made by radiology... View More

William John Light
William John Light
answered on Nov 25, 2024

I am sorry for your loss.

You may have a case. A pediatric radiologist and a pediatric oncologist will need to review the records and gives opinions as to standard of care (in missing new lesion) and causation. Unfortunately, that is not cheap and most attorneys will require a retainer...
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2 Answers | Asked in Animal / Dog Law for California on
Q: Can we sue a veterinary clinic in another state (FL) for malpractice without a veterinarian letter claiming malpractice

We had a dog spayed in FL which had complications totally $15K. We've been unsuccessful in obtaining getting the surgeon to response back with a letter of malpractice against the veterinarn clinic in FL.

William John Light
William John Light
answered on Nov 24, 2024

You can sue, but you will lose. Complications are a normal part of surgeries, whether on humans or animals. In order for the veterinarian to be liable for the complications, you have to show that s/he did something negligent, or below the standard of care. If you can't show that with... View More

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2 Answers | Asked in Car Accidents for California on
Q: My brothers boss owes him $200,000 for an accident. My brother killed himself. Can I seek the money for his children?

He was in a motorcycle accident while working but his boss/friend didn’t have insurance at the time. He had a lawyer and was going to get paid a substantial sum but chose not to sign paperwork. His boss was getting a settlement himself and convinced my brother to not follow through so he... View More

William John Light
William John Light
answered on Nov 24, 2024

Your brother's personal injury claim has components for pain and suffering, and for economic losses. Once your brother passed, only the claim for economic losses remains (wage loss and medical expenses). His children can pursue those losses, but they likely aren't large enough to... View More

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3 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Legal Malpractice for California on
Q: I have a case where I was rear ended by a drunk driver who was driving another persons car. This happened on the highway

Causing me to flip multiple times and get tboned by a 16 wheeler. I was rushed to the hospital and was found to have major injuries to my spinal cord with multiple contusions to my neck and back. I’m In pain everyday and can’t get the medics, attention I need because of this major setback which... View More

William John Light
William John Light
answered on Nov 23, 2024

It sounds like your lawyer got you the policy limit of the drunk driver. It sounds like the semi truck driver isn't at fault, although if he left the scene that is suspicious. Nevertheless, if the semi driver can't be found, what do you want your attorney to do? He got all of the... View More

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2 Answers | Asked in Personal Injury and Products Liability for California on
Q: I went oil change and they drained my oil and did not replace it with new oil motor is shot car dead.

I went to national oil change 15min service and they did not replace the oil and now my car is dead per my mechanic.

I went get oil change 630pm before they closed, went straight home. Needed oil change for long trip next day to orange county.

Drove home fine no issues. Parked... View More

William John Light
William John Light
answered on Nov 20, 2024

Call your insurance company, if you carried comprehensive coverage. Otherwise, your claim is going to be litigated, probably in Small Claims Court, where you can recover up to $12,500, without an attorney. If your car is worth more than that, you can sue in Superior Court, but you will need an... View More

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2 Answers | Asked in Sexual Harassment and Wrongful Death for California on
Q: Can I sue an FBI agent who made improper sexual advances and retaliated with a violent attack resulting in death?
William John Light
William John Light
answered on Nov 13, 2024

Yes, the victim or her heirs can sue, but the victim is apparently dead, and it is unclear who you are and what your relationship to the case is. Whether the US Government is liable for the action of the agent depends on a lot of facts which are not included in your post. If the agent was acting... View More

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I just got rear ended waiting at a red light while driving my motorcycle? Just bought the motorcycle from my friend and

So the motorcycle is not in my name and niether is the insurance for the motorcycle. Also I don’t have a M1 endorsement on my drivers license. What steps should I take? The driver completely admitted 100% fault and I exchanged info and documentation.

William John Light
William John Light
answered on Nov 10, 2024

The motorcycle may still legally belong to your friend, and you might be insured as a permissive user of the motorcycle. If you are injured that can be a big deal. Uninsured drivers can only recover damages for their economic losses (medical expenses, property damage and wage loss). Insured... View More

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4 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: Are there civil litigation attorneys that work pro bono or on a contingency fee? If so, could you recommend one, please?

I was brutally attacked by neighbor's pit bull that ripped both my arms open, and I was hospitalized for 3 days. Within hours of me being attacked my boyfriend contacted an attorney (Wilshire Law firm). I was less than impressed with their service - they dragged things out for several months,... View More

William John Light
William John Light
answered on Oct 16, 2024

No, you cannot sieze the neighbor's property. At most, you can get a money judgment, and then record that judgment with the County Recorder's Office. If the property is sold within the next 10 years, then you would be paid from escrow. The judgment expires after 10 years, but could be... View More

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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have a lawsuit against this business for burning me?

I recently went for fire cupping and ended up with second degree burns. Clusters of blisters and some of my skin was completely ripped off. She told me it was just because my skin was sensitive, and that it wasn't a big deal and that no treatment was needed. After feeling severe discomfort I... View More

William John Light
William John Light
answered on Sep 30, 2024

It sounds like you have a claim. Take pictures of your injuries as they heal and scar (if they do), follow up with dermatology appointments. If an accupuncturist's office performed the cupping, you should make a complaint with the Accunpuncturist Board... View More

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2 Answers | Asked in Personal Injury and Car Accidents for California on
Q: I am on the title of the car, my son caused the accident. Will my assets be at risk?

The lawyer wants information for umbrella. My son was not listed as the driver on the umbrella policy. We own the car. Son was on the auto insurance but not umbrella. The vehicle was listed on the umbrella. He caused the accident while he was 17 years old (now he is 18). So, Do we need to provide... View More

William John Light
William John Light
answered on Sep 22, 2024

The owner of the vehicle is liable for its use, up to $15k per person or $30k per accident (if multiple persons are injured). If you knew or should have known of your son's propensity to drive negligently, you could have your own liability for allowing him to drive the vehicle. However,... View More

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3 Answers | Asked in Personal Injury for California on
Q: Wheel seperation from a semi , company says the driver wasnt working for them during the time of the injury accident
William John Light
William John Light
answered on Sep 13, 2024

The company is responsible to maintain its semi, even if being driven by someone who is not working. Further, the company's opinion about whether the driver was working or not, is probably not reliable. If he wasn't working, why was he driving the company's semi?

Not enough...
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5 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: Do I have a case.

fell into a man hole type thing at my condo/apartments I live in

I hurt my hip and when I fell it knocked me so hard I lost bladder control. Blacked out. I keep having headaches

Im super sore and since I feel I keep seeing spots and hearing pounding.

This is something that just happened.

William John Light
William John Light
answered on Sep 12, 2024

That sounds like a case, although property owners have a defense they like to refer to as "open and obvious", so photographs of the area where this opening was will be important to discover why it wasn't conspicuous to explain why you fell into it. Also, medical evidence of injuries... View More

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4 Answers | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for California on
Q: Can an insurance company ignore my request to settle a 998 offer? I am the defendant.

The insurance company I am under received a 998 offer , it is within my policy limits but they want me to continue to fight the case. I want to settle this case and allow my policy to pay it. Can they ignore my request ,drag this case out to trial? Even though I will suffer the most damage in the... View More

William John Light
William John Light
answered on May 28, 2024

The decision to settle or litigate belongs to the insurance company. If it exposes you to a judgment in excess of your policy limit, it might be responsible to pay the entire amount. You should probably send the adjuster a letter, certified mail, demanding that it, alone, be responsible for any... View More

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2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: A train killed my dog. I live next to the train tracks. What can I do

I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my... View More

William John Light
William John Light
answered on May 23, 2024

How did the train conductor do anything wrong? You had an obligation to have your dog on a leash. The train wasn't invisible, you should have seen it before the whistle blew and moved your dog, which should have been on a leash.

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