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Questions Answered by Steven M. Sweat
2 Answers | Asked in Civil Litigation for California on
Q: Hello this morning my car was broken into and two of my windows are broken and I park inside my apt area parking…

I park inside my apartment parking and recently the gate hasn’t been working and closing all the way I believe that’s why my car was broken into we told them about the matter of it not closing but they didn’t fix it correctly is there any way I can do something about that and my car being... View More

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answered on Feb 22, 2024

This is a tough one. Technically, if you put the landlord on notice that the gate was broken prior to the car break in, you may have a claim for negligence but, it will be difficult. Your best bet may be to ask them to pay for the damages or take them to small claims court. You would not need an... View More

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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

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answered on Feb 17, 2024

The standard in California on this type of case is if there was a dangerous condition that the property owner either knew or should have known about. They are not extremely complicated, but I would suggest that you retain an attorney as soon as possible. We have handled many of these types of... View More

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7 Answers | Asked in Car Accidents and Personal Injury for California on
Q: i was recently hit by a car . i was going through the crosswalk and hit by a car running a red light do i have a case

the car didnt stop all the way making a right turn and didnt even seem to see me cause it rammed right into me. i felt bad and was in pain i just had my girlfrind get her info just in case also she wanted to give me cash to at least pay for the bike and gave me 90$ i didnt make a police report but... View More

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answered on Apr 17, 2023

It sounds like the other party was negligent, which would warrant a claim. You would still have a case even though a police report was not made. There is no way to determine potential case value without an attorney reviewing your medical records and bills. Cases like this can resolve within... View More

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7 Answers | Asked in Personal Injury and Car Accidents for California on
Q: How can I get this driver's insurance company name? Struck by a vehicle in a crosswalk, driver has insurance per police

Partner and I were both struck by a vehicle, driver refused to give us information until the cops got there, the police arrived while we were both being driven away in the ambulance witnesses state he did have insurance, cops took down all information except for who his insurance company is. We... View More

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answered on Jan 19, 2023

Check with the police department listed on the card they gave you and see if a formal accident report was made. Driver's insurance information will be on page one of that report. If no report was made, you can file an SR-1 (Report of Accident) with the DMV and follow this up with an SR-19... View More

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3 Answers | Asked in Car Accidents for California on
Q: Not at fault accident

The other driver doesnt have insurance and it was there fault . What options do i have? Police report was done

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answered on Oct 21, 2024

You should check your own auto insurance policy and determine if you have uninsured motorist coverage. It is required for all policies issued in California unless you specifically waive it in writing. An attorney would still be beneficial to assist you with the uninsured motorist claim.

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: A car pulled up infront of me causing me to crash into his car with my e-scooter but he just drove off. What should I do

I recently turned 16 and bought an e scooter to go to school. I'm taking the Drivers Ed so I do not have my permit yet. I was in the right when I crashed but I'm worried that I will be the on at wrong because I have not gotten my permit. The accident happened at my school's parking... View More

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answered on Feb 29, 2024

Did the driver stop and provide their information? It sounds like they were negligent and you have a claim against them. You should seek prompt medical attention and retain an attorney if you have their information.

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5 Answers | Asked in Consumer Law, Personal Injury and Car Accidents for California on
Q: So I got my car back from body / mechanic shop where they repaired my front left wheel. 1 week later the whole wheel

Fell of and caused me to crash and injured my back and neck. Do I have a case?

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answered on May 4, 2023

Yes. If they were negligent in repairing your tire and this caused the crash, you would have a claim for personal injuries. I wrote a blog about this scenario here: https://www.victimslawyer.com/mechanical-failure-traffic-accidents-in-california.html

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3 Answers | Asked in Car Accidents for California on
Q: Someone crashed in to a parked car in front of me. And the parked car in front of me hit my car. Who is liable?
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answered on Jul 6, 2020

If the party that crashed into the parked car was negligent, then they would be liable.

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6 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: I sold a vehicle on Craigslist, was negligent, & now I owe an insurance company 20k in damages?

I sold the vehicle, I had them sign their name and everything necessary on the pink slip, as well as my signature to release it, but forgot to remove and take the release of liability. The person has caused damages worth 20k yet I am liable. I have records of the conversation leading up to the... View More

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answered on Jun 11, 2020

This is a tough one. You will probably not find an attorney willing to help you on anything other than an hourly basis with an up front retainer. Unfortunately, to be relieved of liability, you must comply with the legal requirements of filing with the DMV (See Savnik v. Hall (1999) 74... View More

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2 Answers | Asked in Car Accidents for California on
Q: Can I sue the city if I crashed into a fallen tree in the middle of the road? It was night time and I did not see it.

I was on my way to work and it was night time/early morning. I drive the same road every day and there has never been a fallen tree in the middle of the road. Some street lights dont work. Someone should have reported the fallen tree before the accident.

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answered on May 29, 2020

It is possible. However, claims against public entities are difficult. There are legal protections called "governmental immunities" that apply to them and don't apply to private parties. There is also a very short statute of limitations (time limit to file a claim) of only 6... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was in an auto accident in April 2019. My case is still ongoing, how long typically do cases like this last?

My accident was in April 2019. They found the other driver at fault she ran a red light. I was injured. They settled for an amount but the attorney never reached out and I always have to call or email. If they already settled for the amount and my medical they said picked up alot of the bills back... View More

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answered on May 21, 2020

Once the case settles, the normal procedure is for the law firm to obtain your signature on a release agreement, send this to the insurance company, and obtain and deposit the full settlement amount in an Attorney-Client Trust Account. The attorney would then normally negotiate reductions on the... View More

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3 Answers | Asked in Personal Injury and Health Care Law for California on
Q: I caught an insect in my motel room where I've been staying for a week this morning ad I believe it's a kissing bug

Do I notify the manager of the motel? I already filed online report with public health services

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answered on Dec 2, 2019

Yes. You may have a claim if you sustained bites.

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2 Answers | Asked in Insurance Bad Faith and Small Claims for California on
Q: Is it too late for me to hire a Personal Injury Attorney to negotiate my claim with insurance co.?

I was rear-ended in a car accident where my car suffered minimal damage (rear bumper had to get replaced) but my injuries were still significant (severe whiplash). Ultimately I was treated 23 times (19 PT sessions and 4 dr visits/urgent care). The claims adjuster does not believe my 19 PT sessions... View More

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answered on Dec 2, 2019

This is a typical tactic from a California auto insurance carrier. Claiming "minimal impact" and alleging "delay in treatment" are two of the more common excuses for low settlement offers. Because you have already initiated the small claims action, you have two choices: (1)... View More

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3 Answers | Asked in Domestic Violence and Criminal Law for California on
Q: If I'm 15 years old and I got into a fight with an intoxicated 32 year old woman, what can I do?
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answered on Sep 23, 2019

Not enough information

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3 Answers | Asked in Car Accidents for California on
Q: My wife was hit by a drunk driver in my car. I have full coverage but she is not on the policy. Am I screwed?
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answered on Sep 23, 2019

If she was an excluded driver on your policy, you may not be able to file any claims with your own insurance. If she was injured, she would still have the right to assert a bodily injury claim against the drunk driver or their insurance. You would also have the right to assert a claim for the... View More

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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?

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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?

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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... View 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

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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?
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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?
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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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