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Questions Answered by Steven M. Sweat
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... 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... 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... 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... 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... 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.

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for California on
Q: how long do I have to pursue this claim.

I was injured as a pedestrian on 12/25/2012. I filed a lawsuit two years later in pro per to meet statutes of limitations. By 10/5/2015 I was ill and had the case dismissed without prejudice. Can I open this claim again or am I done.

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

I agree with the answers above, the fact that it was dismissed without prejudice may allow you to re-file but, does not necessarily allow you to file beyond the statute of limitations period. You should consult an attorney immediately about the facts of your particular case.

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1 Answer | Asked in Car Accidents for California on
Q: Can I get pain and suffering money?

Very minor car accident. My vehicle was parked with my 3 children and myself inside, another tried to park and hit mine.

Steven M. Sweat
Steven M. Sweat answered on Oct 1, 2015

From the information you provide, this sounds like a very minor impact claim with no physical injuries. If this is the case, any claim for pure "emotional distress" would, unfortunately, not have enough value to pursue in my opinion.

1 Answer | Asked in Car Accidents for California on
Q: I was involved as the driver in an accident where a pedestrian was injured last year. what type attorney should I seek
Steven M. Sweat
Steven M. Sweat answered on Oct 1, 2015

You should immediately report the accident to your insurance carrier if you haven't done so already. They will assign a claims adjuster who will contact the person you hit or their legal representative and attempt to resolve any claims. If a lawsuit is filed, they will also provide a defense... Read more »

1 Answer | Asked in Car Accidents for California on
Q: Someone hit my car, and begged me not to file anything since they didn't have a license. What do I do?

It was a minor accident (just a small dent) and so I told him that I wouldn't call the cops as long as he paid for everything. He agreed. I took a picture of his state ID, but forgot to get a picture of the license plate. Now it's two weeks later, and I'm worried that he's not... Read more »

Steven M. Sweat
Steven M. Sweat answered on Oct 1, 2015

First, you should report this to your own insurance carrier as failure to promptly report an accident may be grounds for denial of a claim. You should provide them with this person's information and driver's license. If you have collision coverage, ask if they can repair your vehicle... Read more »

2 Answers | Asked in Personal Injury for California on
Q: Dog bite damages

A small claims judge awarded a plaintiff damages of $1500 for a dog bite, even though she, 1) did not provide any documentation of her injury or evidence of actual medical costs, 2) could not prove psychological damages, 3) could not prove lost wages. Why would he make this decision? Is it at his... Read more »

Steven M. Sweat
Steven M. Sweat answered on Oct 31, 2014

In general, a dog owner is "strictly liable" if their pet bites another person pursuant to California Civil Code 3342 (i.e. one need not prove that the dog had shown any prior propensity to bite someone). However, you are correct that "damages" must be proven. Such damages are... Read more »

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