Los Angeles, CA asked in Personal Injury, Contracts and Civil Litigation for California

Q: PI filed complaint 7/15/2021 trip n fall. I demanded jury trial. He never paid jury fee. Insisted on waiting.

My right to a jury trial? Never served the complaint.

“My case didn’t have valur without reverse rotator cuff replacement surgery yet.” The impact loosened my bridge. Dental work had to be done first. $17,000 and dentist extracted all my upper teeth he never created a functioning denture for me. Still no teeth. I no longer have the strength to get out of the tub should I have an accident?

PI wouldn't allege punitive damages.

Emails to management with pics of the dangerously uneven steps/concrete requested repairs in 2018. Mangmt refused let my daughter fix it. The owner ignored direct requests and complaints. The emotional stress, loss of sleep, and PTSD. Exposing me to unreasonably dangerous property conditions, knowing I would likely get hurt. Managing Agnt told me she hoped I would fall going down the stairs. My neighbors witnessed this, and she was reported to the Sheriff for Elder Abuse. Demand letter did not include dental bills records. did not include dental bills records.

4 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Palm Desert, CA
  • Licensed in California

A: I assume the case is still active, so why not hire another attorney to sub in?

You will only be responsible for 1 legal fee, and the lawyers will work out a division.

Jury fees only have to be considered when the case is set for a jury trial. Are you there already with a 2021 case?

It sounds like a slip and fall with dental and physical injuries.

Slips and falls are always challenging.

You seem to be saying you were AWARE of the negligent condition ............so should you have been more careful... will be the argument of the defense.

William John Light
William John Light
  • Santa Ana, CA
  • Licensed in California

A: Jury trials can be demanded 10 days before the Case Management Conference, which apparently hasn't happened yet since the complaint hasn't been served.

The conditions you describe sound like ordinary negligence, not deserving of punitive damages. This is heavily fact dependent, however.

The Demand Letter does not set a ceiling on the damages you can request in a civil action, so not including dental work did you no harm.

It's unclear why you can't get out of the tub or how the defendant's negligence caused that condition.

If you want another attorney to look at your case, it is your right to do so. It happens all the time. I suggest that your expectations of all the things your attorney did "wrong" might be unreasonable. Keep an open mind when you hear that second opinion.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: If you filed a personal injury complaint and demanded a jury trial, the defendant typically has a right to pay a jury fee to preserve their right to a jury trial. If the defendant did not pay the fee, they may be waiving their right to a jury trial, but the court may also set a new deadline for the fee to be paid.

If you have suffered injuries as a result of a trip and fall accident on someone else's property, you may have a legal claim for damages against the property owner or manager. However, to pursue a claim, you typically need to establish that the property owner or manager was negligent in maintaining safe conditions on their property and that this negligence caused or contributed to your injuries.

In California, punitive damages may be awarded in personal injury cases if the defendant's conduct was especially egregious or reckless. However, these damages are typically not available unless the plaintiff can establish that the defendant acted with malice, fraud, or oppression.

If you have incurred dental bills as a result of your injuries, you may be able to include these costs in your demand letter or complaint. However, it's important to document all of your expenses and to keep copies of any bills or records related to your injuries and medical treatment.

It may be helpful to consult with an attorney who specializes in personal injury law to better understand your legal rights and options in this situation. An attorney can help you evaluate the strength of your case, negotiate with the defendant's insurance company, and represent you in court if necessary.

1 user found this answer helpful

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: Punitive damages are not awarded liberally in most personal injury cases. Awards in injury cases are compensatory in nature for the most part. They include the elements of pain and suffering, medical bills, lost wages, and related damages. Punitive damages could be awarded if a party did something disturbing, malicious, or shocking to the conscience of a jury. Good luck

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