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Questions Answered by Steven M. Sweat
5 Answers | Asked in Personal Injury for California on
Q: Live in California and was injured in Hawaii on vacation.

Can I sue a large chain store in California or must action be filed in Hawaii?

Steven M. Sweat
Steven M. Sweat answered on Jun 3, 2019

The proper venue is usually where the accident and injury took place.

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4 Answers | Asked in Personal Injury for California on
Q: On the highway a motorcycle in front of me wiped out

- a truck pulled in front of him and the bike swerved and went out under the guy - i hit his bike - am I at fault in any way here?

Steven M. Sweat
Steven M. Sweat answered on Oct 19, 2018

Possibly. From what you describe, it would appear that the majority of fault lies with the truck driver who pulled out and caused the initial collision in violation of California Vehicle Code 21804. However, there MAY be some fault attributable to you for either following too closely (California... Read more »

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3 Answers | Asked in Car Accidents for California on
Q: When 3 people in same car accident and one is more Sirius hurt than the other two what is the outcome of that

I was in one car with my daughter and her boyfriend I was in the back and I had the most serious injuries but it's taking too long so why is it taking long for that outcome

Steven M. Sweat
Steven M. Sweat answered on Aug 2, 2018

Unfortunately, insurance companies don't want to settle claims "piece meal". They want to have a settlement that includes all people making claims. I would suggest retaining a personal injury attorney if you don't have one and asking them what can be done to expedite the claim.

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3 Answers | Asked in Personal Injury for California on
Q: What is the US Civil Statute to be stated in a Negligence, Negligence Per Se, Complaint for Damages?
Steven M. Sweat
Steven M. Sweat answered on Jul 27, 2018

In general, negligence is a "common law" doctrine and not a statutory cause of action. However, California does have a negligence standard set forth in California Civil Code 1714.

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4 Answers | Asked in Car Accidents for California on
Q: The other driver's insurance company is offering a settlement but it won't cover the cost of my injuries. What do I do?
Steven M. Sweat
Steven M. Sweat answered on Jul 17, 2018

Retain an attorney to advocate for your position. People not represented by lawyers in personal injury claims tend to be offered very little.

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5 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Car hit while legally parked - can't get police report. Can't get car fixed.

Car hit while parked. My insurance doesn't cover. SF police won't give me police report [Gov't Code 6254(f)] so I don't know who is responsible so I can't contact their insurance. Can't afford even an estimate. Car not drivable as-is. No one was in my car so "personal injury" lawyers won't touch... Read more »

Steven M. Sweat
Steven M. Sweat answered on Jun 25, 2018

If you have collision coverage, your insurance should cover this incident.

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2 Answers | Asked in Car Accidents for California on
Q: Hi i had a freeway accident my car was totaled&the other party addimiting fault 2yrs ago and my lawyer is telling me all

This time we got only 1 offer &that was in the beginning which i dont believe &he not be truthful about question is he playing me.

Steven M. Sweat
Steven M. Sweat answered on Jun 11, 2018

Not enough information has been provided to analyze your situation.

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3 Answers | Asked in Personal Injury for California on
Q: 2007 I was given a serious brain injury, I developed a serious brain disease 6 years later, can anything be done
Steven M. Sweat
Steven M. Sweat answered on May 23, 2018

Unfortunately, you would need to provide some additional information. The normal deadline for filing a personal injury claim in California is 2 years from the date of the incident that caused your injury but, delay in diagnosis is possible. Consult with an attorney immediately on any potential... Read more »

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2 Answers | Asked in Car Accidents for California on
Q: I have an involuntary lien on me for 20,000 for a car accident, I am a student and don't make much money. What to do?

Hello, I'm 19. I had a car accident in Dec 2016 and I was unlicensed at the time and not on the insurance policy so I got charged 20,000 for the damage of a KIA Optima. A few months ago I received a paper in the mail from Los Angeles COUNTY court saying we had to settle the payments through court... Read more »

Steven M. Sweat
Steven M. Sweat answered on May 15, 2018

Tough situation. Your options are to work out a payment plan or, assuming the incident didn't involve drunk driving, it would probably be dischargeable in bankruptcy. You should consult with an attorney who handles debt negotiation and bankruptcy issues.

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: My brother took my car without asking and got into an accident.

Now my car is all smashed up and my brother is hurt in the hospital. The other car is also a mess and the passenger of that car is still in the hospital too. The driver wasn’t hurt so bad. I have insurance for me on my car, but does this cover my brother? I’m not sure who I’m supposed to... Read more »

Steven M. Sweat
Steven M. Sweat answered on May 7, 2018

Report the claim to your insurance carrier immediately. You are not obligated to speak with the insurance company for the other side.

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3 Answers | Asked in Car Accidents for California on
Q: We are having problems with the other parties insurance company paying for loss of car among other things.

My daughter was in a car accident and her car was totaled. The other insurance company keeps lowering the amount that they will pay and the want us to sign a waiver saying we wont go after the other party or them for more money. We don't feel that that is fair and the are offering us way less money... Read more »

Steven M. Sweat
Steven M. Sweat answered on May 7, 2018

You are entitled to "fair market value" on the vehicle. Most insurance carriers calculate this value based upon a "market comparison" (i.e. what have vehicles similar to your daughters in specs and mileage sold for in the past 6-12 months). If you have collision coverage through your own... Read more »

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was injured and in auto accident and their inuance issayig that they 100%at fault
Steven M. Sweat
Steven M. Sweat answered on Apr 6, 2018

You should seek prompt medical attention and retain a personal injury attorney. Just because the insurance company for the other driver is accepting "100% liability", does not mean they will compensate you fully for your injuries. Having a personal injury attorney to obtain medical records and... Read more »

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I the the persons insurance is taking full 100% lieablity how much is the pay out for my car and my self
Steven M. Sweat
Steven M. Sweat answered on Apr 6, 2018

This depends upon a lot of factors. For your car: the standard is the lesser of "fair market value" or the cost of repair. If the cost of repair exceeds fair market value, your vehicle is deemed a "total loss" and the value of the car is owed. As to how insurance companies calculate "fair market... Read more »

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3 Answers | Asked in Car Accidents for California on
Q: I was involved in an accident 2 days ago. The other person ran the light & hit my tire on the drivers side.

How long am I suppose to wait for their insurance to provide a rental since my car just got picked up for inspection today?

Steven M. Sweat
Steven M. Sweat answered on Feb 22, 2018

Unfortunately, many if not most insurance carriers have a policy of having you rent the vehicle and then submit the bill to them for reimbursement. Some carriers still have direct relationships with certain rental agencies (like Enterprise). It usually takes a week or two at a minimum for them to... Read more »

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3 Answers | Asked in Car Accidents for California on
Q: I would like to get a ballpark answer of how much I would receive from a major city lawsuit involving a lifetime injury

My lawyer said the case is going in motion.

Steven M. Sweat
Steven M. Sweat answered on Feb 22, 2018

I agree with the other answers. There is no "formula" for coming up with a reasonable settlement value or possible judgment value if you were to go to trial. Your lawyer would be the best person to analyze this as he or she has all the information about the case and your injury. If you don't... Read more »

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5 Answers | Asked in Personal Injury for California on
Q: I was riding my bike and was hit by a car.he was on his phone got7 stitches what affair amount to take
Steven M. Sweat
Steven M. Sweat answered on Jan 17, 2018

The value of any personal injury claim including a bicycle accident is broken down into two basic categories as follows:

(1) Economic Damages: These are the out of pocket costs associated with the incident. They include the reasonable value of your medical expenses, lost wages from time...
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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I had one Personal Injury Lawyers & didn't hear from them. I acquired another one. Is it Legal?

I was in an auto accident and filed a claim against the other insurance. They denied my claim based on the police photo they have. I retained a PI lawyer to look into my case. Upon their photo discovery I was told it looked like I was an inch off the line (but hard to tell). I was hit and suffered... Read more »

Steven M. Sweat
Steven M. Sweat answered on Feb 22, 2018

An attorney may still be willing to take the case if he or she feels like you have a reasonable chance of recovery. Many auto accident claims are not "cut and dry" when it comes to liability. Because California is a "comparative fault" state, you can have some fault in the accident and still be... Read more »

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3 Answers | Asked in Car Accidents for California on
Q: Can someone claim all medical bills $7,000 in a car accident, but pay only the 50.00 deductible and keep all the rest.

My son was in an accident, his fault, his grandfather drop the insurance on it without his knowledge. His girlfriends father filed a claim through their insurance knowing that my son did not have insurance and so now my son is out over $7,000.

The father claims he had medical bills but... Read more »

Steven M. Sweat
Steven M. Sweat answered on Oct 9, 2017

I agree with the other answers that your son may have a breach of contract claim and/or a claim for "detrimental reliance" against the person he was paying for the auto insurance. If the passenger claimed injury, the "reasonable value" of her medical expenses will be what was paid by health... Read more »

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1 Answer | Asked in Personal Injury and Landlord - Tenant for California on
Q: Hi.I was at home with debilitating back pain for 20 months. I was doing back chiropractic exercises to get better. My

Mom took care of food. I couldnt stand for morr than a minute because the paind would be too bad and it would reverse my healing. My mom wants to kick me out. I understand i was a lot of burden but can she do that? I am referring to dependent adult neglect... can she just quit being my caretaker... Read more »

Steven M. Sweat
Steven M. Sweat answered on Jan 10, 2017

If the injury occurred while you were working, you should immediately consult a workers compensation attorney. You may be eligible for temporary disability benefits that could help pay living expenses while you continue to heal.

1 Answer | Asked in Personal Injury for California on
Q: Can I sue for miscarriage cost?

We were together for 3 months. Towards the end I discovered I was pregnant. At 9 months I lost the pregnancy. I was directed by my nurse to go to an e.r. there they made sure I had completely passed the fetus and that it wasn't ectopic. Weeks later I received the bill (after insurance) the doctor's... Read more »

Steven M. Sweat
Steven M. Sweat answered on Jan 10, 2017

Although I feel for your situation and from a "moral" standpoint, your boyfriend should help, forcing him to do so by way of a civil lawsuit would be very difficult in my opinion. Seek out legal advice immediately and provide more facts if you want to pursue the claim.

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