How much is an average retainer in San Diego?
How many accidents should occur on a single street to justify a traffic signal be installed?
answered on Aug 10, 2023
There are many variable into "how much", such as the amount of insurance coverage, the comparative fault of all of the drivers, the number of claimants to divide the insurance, etc. We don't know any of that so no one can even begin to say "how much." If there is an issue... View More 
My parents where killed and nobody gave her a ride home. She was told to go to a diffrent hospital and missed my moms death by 10 minutes, Why did they do this?
answered on Aug 10, 2023
I am sorry for your loss.
The continuous posting of questions is beyond the scope of this forum. If you have a multitude of questions, just call a wrongful death attorney to discuss your potential claims.
As to your questions: The police do not have to give anyone a ride. As to... View More
My family was in a fatal car accident. There were 3 young men however, the driver was allowed by police to leave the scene and is not wanted for hit and run, Why? He murdered my parents and thats it? What is my recourse?
answered on Aug 9, 2023
If he talked to police at the scene, it's not hit and run, by definition. The police are free to let people leave the scene.
Your recourse is to talk to a personal injury attorney about filing a lawsuit for wrongful death. It is up to the police to investigate, and up to the... View More
The mother of the driver left her son home to come see what occurred she did not turn her son over to the police. Nor should she have to the SDPD said my parents where not wearing seat belts. That does not constitute a reasonable excuse for their execution. Please Advise
answered on Aug 8, 2023
No, the mother is not guilty. She may be liable civilly as the owner of the vehicle, or as the person who signed the documents who allowed her potentially minor son to obtain a provisional license. The mother did not commit a crime, however, based on the little information you have provided.... View More
She was there for hours but they would not let her near my father. She was with him then went to my mother who was still alive but was unresponsive she was DOA as well. My question is to the point that my sister was prohibited from my fathers body. Why?
Then they told my sister the... View More
answered on Aug 8, 2023
Your post is unclear.
It is unknown if your father was suspected of a crime, or whether he was at the scene of the collision or at a hospital when your sister was not allowed to see him.
As to why your sister was kept from your father's body, that is a question better answered... View More
There were 3 men in the car only 2 stayed on scene.
Is the law in California that in a fatality breatholizer tests are mandatory?
Is this now criminal Hit and Run?
If the police report is false is it all thrown out?
Who is the SDPD protecting?
answered on Aug 8, 2023
I am sorry for your loss.
In response to your questions:
1. No. Vehicle Code 40300.5 allows a police officer to make an arrest at the scene with probable cause of alcohol influence.
2. No. If the driver stayed, that is sufficient. Or, if the driver exchanged information... View More
I deliver goods to a company in which they have you sign a yard rules agreement that contains this 1542 release. As I walking across scales I fell thru a manhole cover does that mean they are not liable for injuries?
answered on Aug 6, 2023
You have a workers compensation claim with your company, regardles of the waiver.
As to a claim against the company, it depends on what the waiver says, who it releases, who owns the property, who owns the manhole cover and the utilities underneath it.
If you are injured, you... View More
I need to file a civil lawsuit against a law firm, but I cannot find the agent of the law firm for serving court papers. I also tried to search the law firm on the California Secretary of State website and see if there's an agent assigned to the law firm, but I cannot even find the law... View More
answered on Aug 6, 2023
The secretary of state lists agents for corporations, LLC's and LLP's. If the lawfirm isn't an organization of that type, the secretary of state won't have information on it. You can search the country Fictitious Business name datebase to see who owns the name, or the list of... View More
I broke my L-ankle and R-5th metatarsal. I went to our local ER and they scheduled an appt eithlocal orthopedic surgeon.He preformed the surgery. At the 1st f/u appt he asked if I was taking my antibiotics I told him I didn’t receive any. He prescribed some. By my 2nd f/u appt my L-leg below my... View More
answered on Jul 28, 2023
Malpractice is when a medical provider does something, or fails to do something, that a reasonable provider in the same circumstances would have done competently, and which caused you some significant injury.
What you describe sounds like malpractice. However, an orthopedic surgeon would... View More
In 2016 I purchased a new Hyundai, financed it through Hyundai Motor Finance and managed the payments via their MyHundai app. I did so until December of last year, when upon accessing the site the payment page was replaced with a single message that read “your loan has been paid in full.” Fast... View More
answered on Jul 25, 2023
The Loan Agreement and your debt exist regardless of a mistake on an app, which Hyundai will contest even happened. You are attempting to nullify thousands of dollars in debt, which you agreed to pay, based on something that, even if the app stated it, was obviously untrue, and which you knew was... View More
I got injured in an auto accident from other driver. His insurance company doesn't want to pay my entire medical bills only a portion of it. There reason is that they owe only reasonable and customary fees. They say that medical bills are unreasonable and "inflated." It seems like... View More
answered on Jul 11, 2023
Until you get a judgment against the at fault driver, his insurance company can refuse to pay you anything at all, so it is certainly entitled to dispute your medical expenses.
It appears that you are attempting to handle a personal injury claim by yourself. The insurer is not taking you... View More
If I put my social security number in "borrowers tin" and fill it out then hand it to a bank to ask them for a letter of credit for whatever amount is on there, is that an actual thing people can do as a cestui que trust fund?
answered on Jul 2, 2023
Do you have a loan from the Treasury Dept.? If you did, which is doubtful, the Treasury Dept. would have an interest in whatever property you used to secure the loan. You, as a borrower, do not have an interest in the property of the lender. If I understand your question, it sounds like an... View More
How does it go with a insurance with 100k insurance policy I don’t understand they only want to give 4k in recovery and we can go after 100k But we have to have 100k worth of medical expenses to get that amount Now they researching and going after a hit and run so what would I get at the end I... View More
answered on Jun 28, 2023
You won't get $50k out of a $100k settlement. The attorney will take 33 1/3% to 40% as a fee. The attorney will be reimbursed for the costs incurred. The medical providers/insurer will be paid for the cost of care. At best, you will get about 1/3.
Nobody will tell you what your... View More
I have been blackmailed for money online. A user who had a “fake” account got hold of explicit photos of me and is threatening to share them with all of my Instagram followers unless I pay them. I have documented all interactions with this person and have access to their phone number and venmo,... View More
answered on Jun 19, 2023
First, you would contact police to report a crime. The police can investigate and find the person responsible. If that person is in CA or at least in the US, then a lawsuit would be possible. However, unless that person is independently wealthy, do not expect an attorney to take such a case on a... View More
Defense responded that plaintiff was not wearing a seatbelt when defendant rear ended Plaintiffs auto. Plaintiff, after filing civil suit for this incident, was denied employment bc of risks presented by employee applicant, (myself).
Due to employer background checking and locating the... View More
answered on Jun 9, 2023
0% likelihood of prevailing on libel. Statements made in court are privileged, even false statements.
Sealing requests can be made. The particular statement you reference is not particularly sensitive or private, even though it was apparently damaging, so I am unconvinced that you would... View More
Car, because I’m being told that they won’t cover any damages or repairs for my vehicle even tho their policy holder was at fault….
answered on Jun 4, 2023
If everything you said was accurate, then the answer to your question would be “yes.” Insurers don’t deny claims as you have described. Either it contends you are at fault, or disputes the amount of damage, or claims that it didn’t insure the car or the driver. Have an attorney review... View More
This is in California. The person I am wondering if I can record was not the direct abuser, but I believe they might have further knowledge of this child sexual abuse.
answered on May 31, 2023
California is a two party consent state where there is a reasonable expectation of privacy. Whether someone has a reasonable expectation of privacy may depend on where the conversation occurs and/or whether other persons can overhear the discussion. For example, if the other party knows that you... View More
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
answered on May 16, 2023
If you are in California, the hospital has a lien on the recovery for emergency room services pursuant to Civil Code 3045.1-3045.6. The insurer has to withhold that money to protect the lien, or it could be liable to the hospital, in addition to the policy limit if you don't pay, which is... View More
Fell of and caused me to crash and injured my back and neck. Do I have a case?
answered on May 4, 2023
Sounds like it could be a good case. You will need to save the wheel and have the car inspected by a certified mechanic to determine the cause of the failure. For a personal injury case, you also need real injuries with medical care. An attorney can help you to find medical care if you need... View More
My accident was 8 months ago I have a lawyer that took my case ,
And a case worker and I have never spoke to one of them I have left email , messages with there answering service txt messages and not one have I got a reply
answered on Apr 29, 2023
No one can estimate what your case is "worth" without any information. If you are not satisfied with your current attorney, you can change attorneys. It's a good idea to talk to other attorneys first to see if they are interested in taking over before you fire the current one. You... 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.
