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California Personal Injury Questions & Answers
1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: We were stopped by lost prevention falsely accused of taking a $119 battery

Left the store and 11/2 months later were arrested now charges were dismissed and need a lawyer? What kind and what should we do for compensation? Of losses

James L. Arrasmith
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answered on Jul 26, 2024

You should seek a personal injury lawyer who has experience with false arrest or false imprisonment cases. These attorneys can help you understand your rights and guide you through the process of filing a lawsuit. Look for someone with a good track record in civil rights or personal injury law.... View More

1 Answer | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: my spouse died after being in a coma at a hospital from falling out the bed and left not breathing for 10 min

I have documents that were made by doctors and nurses that were falsified and also the cause of death is inaccurate what should I do?

James L. Arrasmith
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answered on Jul 23, 2024

I'm very sorry for your loss. You should consider contacting an attorney who handles medical malpractice or wrongful death cases. They can help you review the documents and determine if there is a case for negligence or falsification of records.

Gather all the documents you have,...
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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Real Estate Law for California on
Q: The statue of limitations for various offensrs, including deceipt , perjury, non disclosures thievery with a mistress co

In the process of a workers comp case which included mental health and being followed daily then I filed divorce and he became a sheriff by lies on both cases he and his mistress took all and continue lies

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answered on Jul 22, 2024

In California, the statute of limitations varies depending on the specific offense. For fraud, including deceit and non-disclosures, the statute of limitations is generally three years from the date the fraud was discovered. If you believe you were deceived during your workers' compensation... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for California on
Q: What kind of attorney do you recommend for my situation. What is the best action to take to proceed

In 2007 my husband and my sister-in-law had an affair. Heard what I was told by a mutual friend they would speak about him getting rid of me and her getting rid of my brother, and running off together and with all my family's money. There has been numerous people involved a lot of harassment... View More

James L. Arrasmith
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answered on Jul 20, 2024

Given the complexity and severity of your situation, it’s essential to seek legal help immediately. For the issues involving potential crimes, harassment, and threats to your safety, contacting a criminal defense attorney with experience in personal injury and civil rights cases would be a... View More

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2 Answers | Asked in Criminal Law and Personal Injury for California on
Q: I was assaulted at work and have a fractured jaw. It was all caught on video. What can I do?
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answered on Jul 20, 2024

First, seek medical attention immediately to ensure your health and document your injuries. Keep all medical records and expenses related to your treatment as they will be important for any legal action.

Next, report the assault to your employer and ensure they create an incident report....
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1 Answer | Asked in Personal Injury for California on
Q: What statute or rules of court define motion for in camera review in California?

What statute or rules of court define motion for in camera review in California?

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answered on Jul 20, 2024

Under California law, the procedure for a motion for in-camera review is generally guided by various statutes and rules of court. In-camera review is a process where a judge reviews certain documents privately to determine their relevance or if they should be protected from disclosure. This is... View More

1 Answer | Asked in Criminal Law, Personal Injury and Workers' Compensation for California on
Q: I was assaulted at work by a fellow employee. I’m suffering two fractures to my jaw. It’s all on Tape
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answered on Jul 20, 2024

Under California law, you have the right to seek justice and compensation if you've been assaulted at work by a fellow employee. Given the severity of your injuries, which include two fractures to your jaw, you can pursue both criminal and civil actions against the assailant. The fact that the... View More

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Arbitration / Mediation Law for California on
Q: My question is about 553 ca arb ,it has been about 4 years

I need legal advice on a potential predatory lending and unlawful repossession issue. Four years ago, I bought a car, and the lender changed due to the original lender going out of business. The new lender engaged in what I believe were predatory practices, including repossessing my car at 2 AM... View More

James L. Arrasmith
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answered on Jul 19, 2024

You have a complex and distressing situation involving potential predatory lending and unlawful repossession. Under California law, you may have several legal avenues to explore. The repossession without notice and the unconventional payment demands may constitute violations of your rights under... View More

1 Answer | Asked in Consumer Law, Family Law and Personal Injury for California on
Q: Can a pro se communicate with the opposing party without their attorney's permission

I am representing myself against my employer, and I have a lot of support from former colleagues there, who are helping me out. My former employer's attorney threatened me with sanctions for communicating with them but Comment [3] to Rule 4.2 states that the rule "does not prohibit a... View More

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answered on Jul 19, 2024

Under California law, Rule 4.2 of the Rules of Professional Conduct generally prohibits lawyers from communicating with a represented party about the subject of the representation without the consent of the party's lawyer. However, this rule does not apply to a party who is representing... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Civil Rights for California on
Q: 2024 a tenant was arrested (254a) for threatening me with knives.in31/2 years is stalking, , his 2nd assault. Can I sue

Property manager was aware And I've asked to be relocated to a different apartment and have my locks changed 3 different occasions and it denied , but 3 diffent white tenant were allowed to move into 7

different apartments within the same time span, for comfort, I a black woman was in... View More

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answered on Jul 18, 2024

Under California law, you may have grounds to sue both your tenant and your property manager. The tenant's threats and assaults, combined with the property manager's failure to take appropriate action despite being aware of the dangers, could be grounds for a personal injury or negligence... View More

1 Answer | Asked in Family Law, Personal Injury, Child Custody and Child Support for California on
Q: I'm 17 and have permission from one parent to move in with another family member. Can the other parent force me back?

My mother will let me move in with my grandma but I know my Dad will disagree. I currently live with him and can't stand him anymore with the way he treats me. If my mother gives consent do I still need his? Can he force me to come back?

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answered on Jul 18, 2024

Under California law, both parents generally have equal rights to make decisions regarding their minor child unless a court order states otherwise. If you are 17 and your mother consents to you moving in with your grandmother, your father's consent would typically still be required if he has... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: I would like to know the statue of limitations is for Pain and suffering and medical malpractice is.

I had an infection in my left knee replacement. I had surgery and the Dr. Was supposed to remove the old one and clean up the infection which turned septic. The infections disease Dr. Was upset that he didn't remove it because the infection will get worse

I had 6 weeks everyday and... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, the statute of limitations for medical malpractice claims is generally three years from the date of the injury or one year from the date you discovered, or reasonably should have discovered, the injury, whichever occurs first. Given your situation with the knee infection and... View More

Q: crystalline silica dust how harmful is it when its constanlty blowing from Vacuum Sanders with no dust bags

The bags are for noise and dust reduction but Managers are inconsistent with keeping up to changing out the bags so the just leave them off the sanders which in a 12hr shifts when there is an 4 to 8 hour max exposure time we where in the same place way too long with high of an exposure to that... View More

James L. Arrasmith
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answered on Jul 18, 2024

Exposure to crystalline silica dust can be very harmful, especially when inhaled over long periods, such as in your work situation with vacuum sanders lacking dust bags. Inhaling silica dust can cause serious health issues, including silicosis, lung cancer, and other respiratory problems.... View More

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1 Answer | Asked in Animal / Dog Law and Personal Injury for California on
Q: What are the laws around accidental gate opened and dog getting loose. No attacks, but there was injury?

If your dog runs out of a unintentional open gate towards a person walking their dog, and they get injured from trying to pull their Dog away from yours. Are we held liable for anything? My dog did not bite, push, or attack the person or her dog. She only ran towards them wanting to say hi. Never... View More

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answered on Jul 18, 2024

Under California law, liability in situations involving pets and injuries can be complex. In your case, if your dog escaped through an unintentionally open gate and approached another person and their dog, resulting in injury to the person, there are several factors to consider. Liability typically... View More

3 Answers | Asked in Personal Injury and Arbitration / Mediation Law for California on
Q: What action should one take if they find the Mediation Agreement had only 1 signature line but 2 Plaintiffs.

What is it called and how big of a deal is it if your Mediation Settlement Agreement had only 1 signature line and you weren't notified you were negotiating for two.

James L. Arrasmith
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answered on Jul 18, 2024

If you find that your Mediation Settlement Agreement had only one signature line despite there being two plaintiffs, this could potentially be a significant issue. In California, each plaintiff generally needs to sign the agreement to make it binding for all parties. If one plaintiff did not sign,... View More

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Is it possible hire a lawyer to write a settlement demand letter to an insurance company for an accident I was in?

I was in a 1 vehicle accident and I was a passenger and I’m now waiting on a settlement from the drivers insurance company. I would like to have a lawyer write a settlement demand letter to start the negotiations process. Is that expensive? My mom was also a passenger and she received a lowball... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

There are many, many attorneys who represent individuals involved in motor vehicle collisions. Typically, they will accept your case on a contingency fee (1/3 is common) so you do not have to pay anything upfront. They receiver their fee out of the proceeds collected. A strong demand letter from... View More

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1 Answer | Asked in Personal Injury for California on
Q: My wife and I were falsely accused of shop lifting and wrongfully incarcerated by loss prevention at Home Depot.
James L. Arrasmith
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answered on Jul 18, 2024

Under California law, you may have a basis for a civil lawsuit against Home Depot for false imprisonment and possibly defamation. False imprisonment involves unlawfully restraining someone against their will, which can include being wrongfully detained by store security. If you were detained... View More

1 Answer | Asked in Personal Injury, Animal / Dog Law and Public Benefits for California on
Q: my application for victim's compensation was denied because they say dog bites are not included.

The owner of the dog fled the scene on camera, and I'm not sure if the license plate can be discerned.

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answered on Jul 18, 2024

Under California law, victims of dog bites may be eligible for compensation under certain circumstances. While dog bites themselves are not explicitly listed as qualifying for victim's compensation, you may still have legal options. When a dog owner flees the scene after an incident, it can... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: I donated plasma at biolife they gave me a hematoma so bad bigger than a grapefruit, have not been able to make a fist

Can't bend my arm really, constant pain shooting from my elbow to my hand ever since.

I was wondering if there was anything legally I could do

James L. Arrasmith
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answered on Jul 18, 2024

I'm sorry to hear about your experience donating plasma and the severe hematoma you've suffered as a result. In California, you have legal rights regarding injuries caused by medical procedures, including those at plasma donation centers. When such injuries occur, it's important to... View More

1 Answer | Asked in Personal Injury, Animal / Dog Law, Health Care Law and Insurance Bad Faith for California on
Q: Hello, I want more information on going after my pet insurance “lemonade” for bad faith and false advertising. thank you

i recently took my 4 pound puppy into the vet for vomiting. doctor said he was having too many treats for his size and had a swollen liver. i was charged a bill of $1300 and Lemonade denied my claim for reimbursement because they believe vomiting is a “pre existing condition” even though that... View More

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answered on Jul 18, 2024

Under California law, you have the right to pursue a claim against Lemonade for bad faith and false advertising if you believe they unfairly denied your pet insurance claim. When filing a small claims case, gather all relevant documentation, including the vet's diagnosis, your insurance... View More

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