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California Personal Injury Questions & Answers
0 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Urgent care burn mishap with my son – legal options?

Do I have a case regarding a medical incident at an urgent care facility? On July 6th, 2025, my son was taken to urgent care to have a wart frozen off, but he was burned so severely that it blistered up. I had to take him to the ER, where they popped and cut the dead skin off. Fortunately, the burn... View More

0 Answers | Asked in Legal Malpractice, Workers' Compensation and Personal Injury for California on
Q: How to address unauthorized lawyer actions in WCAB and PI cases in California?

I recently discovered that my WCAB case was withdrawn without my signature or approval, accompanied by an agreement suggesting a private deal between my lawyer and the opposing party's lawyer. Additionally, my WC lawyer transferred the case to a PI lawyer without my authorization, submitting a... View More

0 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue for medical malpractice after miscarriage and conflicting advice about my pregnancy health?

During my latest pregnancy, I was experiencing bleeding due to a subchorionic hemorrhage/hematoma. A nurse practitioner suggested I seek mental health support for PTSD and anxiety, following a previous pregnancy loss. She, along with other doctors after ultrasound exams, reassured me that the baby... View More

Q: Do I need to return a CAAP award cheque when filing a motion to vacate due to new evidence and civil rights violations?

I won a CAAP award but recently discovered new evidence, including civil rights violations related to severe PTSD which was overlooked, impacting my ability to attend hearings and leading to misinformation. The police report inaccurately described an MVA scene, misdirecting medical attention and... View More

James L. Arrasmith
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answered on Jul 7, 2025

No, you do not need to return the CAAP award cheque merely because you intend to file a motion to vacate. Possession of the award funds does not, by itself, nullify your right to challenge the award based on newly discovered evidence or civil rights violations. Filing a motion to vacate under these... View More

Q: Lawyer used wrong address for WCAB case, didn't inform me.

I am dealing with a Workers' Compensation Appeals Board (WCAB) case. My lawyer ignored the evidence and specific address information I provided, instead using an incorrect address, which led to me not being served properly. I was not informed of the case number or any other details, and I only... View More

Robert Kane
Robert Kane
answered on Jul 7, 2025

It is unusual that you wouldn't have any idea at all why you're attorney would ignored the evidence and specific address information you provided. Did he somehow financially benefit from these acts?

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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: What documents should I request from Kaiser to assess a Mohs surgery error and cancer spread?

I was diagnosed with skin cancer in August 2024 and underwent Mohs surgery on my head in September 2024. The cancer reappeared in the same spot in April 2025, requiring full surgery in May 2025, during which it was discovered that it had spread. I will need to undergo radiation after another... View More

James L. Arrasmith
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answered on Jul 6, 2025

To evaluate whether there was an error during your Mohs surgery, you should begin by requesting your complete medical records from Kaiser. This includes the operative reports from the September 2024 Mohs surgery and the May 2025 full excision, as well as the pathology reports for both procedures.... View More

Q: Can a case worker override court-ordered visiting rights after an accident?

I have court-ordered visiting rights with my child, but after a car accident involving the child's mother, an emergency worker has instructed me to refrain from contacting my child until a court hearing, although I was not involved in the accident. Does the case worker have the authority to... View More

Robert Kane
Robert Kane
answered on Jul 6, 2025

I assume a case worker can temporarily alter the visitation schedule in emergency situations. The specific facts of your case would need to be evaluated. Feel free to contact an attorney.

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2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Personal Injury for California on
Q: What are the penalties if an insurance company falsely denies a claim in California?

I have been denied an insurance payout for a claim, which involves bodily injury limits like 15/30. The insurance company states the denial is due to misrepresentation. However, I've communicated with a lawyer who confirmed the premium was paid. What penalties can the insurance company face... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 6, 2025

What you describe is called Insurance Bad Faith. A lawsuit would seek emotional distress, punitive, and other damages.

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2 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: Does the lack of referral or more aggressive BP management breach standard of care And should we request an autopsy?

I lost my father on June 26th from a heart attack, and I am seeking legal advice on whether his care amounted to medical malpractice or wrongful death due to negligence.

Facts:

My father, 71, was a lifelong smoker with a family history of early cardiac death.

He had... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 4, 2025

One cannot tell if it will help a case before the autopsy is done. For me it is preferable for there to be an autopsy. Anything that helps the truth come out is helpful.

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2 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Personal Injury for California on
Q: Is a missed hip fracture after multiple diagnostics a case?

My mother suffered a fall and had multiple diagnostics including x-rays and an MRI, but a hip fracture was missed. After over a month in a skilled nursing facility (SNF) receiving physical and occupational therapy, she was taken to the hospital for an abdominal issue. An abdominal CT scan... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 5, 2025

It depends if the hospital staff were negligent or no, and how long after the fracture was recognized .

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2 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for California on
Q: Handling demands after a minor accident with no direct involvement and uninsured vehicle.

I was involved in a minor car accident in California where something fell off my uninsured vehicle, resulting in another driver hitting it and pursuing me for extensive damages, personal injuries, and lost wages totaling $23-25k. The incident didn’t directly involve my car or me, no witnesses... View More

William John Light
William John Light
answered on Jul 3, 2025

The item fell off your car and caused injuries. The lack of your “direct” involvement isn’t relevant, nor is the value of the item. She doesn’t have to provide evidence yet, nor does she have to pursue UIM coverage, and you don’t know whether she even has that coverage. You are... View More

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2 Answers | Asked in Civil Rights, Libel & Slander, Civil Litigation and Personal Injury for California on
Q: What type of lawyer is needed to stop harassment by a neighbor in CA?

I am experiencing harassment from my neighbor, including verbal abuse, throwing trash on my property, spreading false rumors, and they've even filed a complaint with the building department against me. I haven't collected any evidence, nor have I taken any legal action yet. Which type of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 5, 2025

A real estate lawyer can help you with obtaining a protective order and neighbor dispute.

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1 Answer | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for California on
Q: Seeking legal actions for hospital negligence in California affecting recovery.

I was admitted to a hospital on 3/7, but my surgery was delayed until 3/9. Throughout my stay, there was no communication about my medical information or any potential appeals. On 3/11, I was transferred to rehab without my family's knowledge, and I left the hospital prematurely while feeling... View More

James L. Arrasmith
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answered on Jul 2, 2025

You have grounds to pursue legal action against both the hospital and the rehabilitation facility for negligence. In California, hospitals and affiliated healthcare providers owe a duty of care to patients under both tort law and statutory obligations. Failing to obtain informed consent, neglecting... View More

Q: Can I sue for false accusations that led to my arrest and fight custody over false claims?

I was falsely accused by the mother of my child, who claimed I broke into her house and locked her out. In reality, I broke a window to help her get inside because our baby was locked in alone. I have a recording of her confessing that she lied about the accusations. Not only did these false... View More

James L. Arrasmith
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answered on Jul 2, 2025

Yes, you can fight for custody and potentially bring a civil claim, but you must act strategically and quickly. If you have a recording of the child’s mother admitting she lied, that evidence could be critical in both family court and any related civil litigation. The first step is to file a... View More

Q: Falsely arrested & pressured into plea deal years ago in CA, seek legal recourse.

Around four or five years ago, while I was homeless, I faced false arrest and was convinced by my public defender to accept a plea deal to avoid maximum penalties. During an argument with my ex, known for destroying my phones, I blocked her from entering my car, fearing she would take my phone.... View More

James L. Arrasmith
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answered on Jul 1, 2025

Your experience is deeply troubling and points to potential constitutional and civil rights violations under both federal and California law. If you were falsely arrested and coerced into a plea while mentally vulnerable and without proper advocacy, that may give rise to claims for wrongful... View More

2 Answers | Asked in Personal Injury, Landlord - Tenant, Insurance Defense and Real Estate Law for California on
Q: Ejected off longboard due to poorly lit driveway, causing elbow injury. Seeking advice on insurance statement and claim options.

Last October, I was ejected off my longboard and injured while entering an apartment complex's driveway due to overgrown trees obscuring streetlights, leading to poor visibility. My board hit an elevated section of pavement, resulting in elbow injuries. I reported the incident to the complex... View More

James Clifton
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James Clifton
answered on Jul 2, 2025

You do not have to provide a statement to the adjuster, and it is unwise to do so without the assistance of an attorney. Additionally, the adjuster will only provide you with a low offer if you do not enlist the help of an attorney. They don't take the claim seriously. It appears that you have... View More

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1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for California on
Q: Security guard put a gun to my head at Burger King in Sacramento. Do I have a lawsuit?

On June 15th, between 12 and 1 a.m., a security guard at Burger King put a gun to my head for no apparent reason. I was there with a friend, and after someone said something to the security guard, he got out of his truck and pressed the gun hard against my head. I haven't filed a police report... View More

James L. Arrasmith
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answered on Jul 1, 2025

You have grounds to pursue a lawsuit, both civil and potentially criminal. What happened to you—having a firearm pressed against your head without justification—is not only traumatic, it’s a likely case of assault with a deadly weapon under California law. If the guard was not acting in... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Is delayed leukemia diagnosis due to ignored symptoms considered negligence?

Is it considered negligence if my son was diagnosed with B-ALL leukemia on May 12, 2025, but had symptoms like fatigue, soreness in his bones, and fevers starting in February 2025? We visited the same doctor on February 25, March 25, and April 28, 2025, each time communicating his symptoms. The... View More

James Clifton
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James Clifton
answered on Jul 1, 2025

The doctor’s dismissal of these symptoms as growing pains on multiple occasions, may constitute medical malpractice. The American Academy of Pediatrics and National Cancer Institute guidelines recommend that persistent, unexplained symptoms warrant diagnostic tests like a complete blood count to... View More

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Q: Can my ex sue me for a dog bite after refusing to leave my home and acting aggressively?

During a visit to my home, my ex refused to leave after I repeatedly asked him and became aggressive toward my dog. As a result, my dog bit him. My ex now wants to sue me, and a personal injury attorney is asking for my current homeowner's liability insurance information. Is it legal for them... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 2, 2025

First, you didn’t clarify whether your ex is your spouse or your boyfriend. If he’s your spouse, your homeowner’s insurance would likely deny the claim outright, since co-insured individuals typically cannot sue each other under the same policy.

If he’s your boyfriend, he would not...
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5 Answers | Asked in Animal / Dog Law and Personal Injury for California on
Q: Can I demand compensation for injuries from a neighbor's dog attack in California?

I'm a 73-year-old man who was attacked by my neighbor's dog. I was knocked to the ground on my property and sustained a bruised kidney and lacerations on my side, requiring two emergency room visits. Paramedics took me to the hospital, and the police were on the scene. I have hospital... View More

Mason Rashtian
Mason Rashtian pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2025

I am sorry to hear about your injuries. California is a strict liability state when it comes to animal attacks. This means that your neighbor is presumed to be at fault and responsible for any injuries caused by their dog.

So, yes. You have a case against your neighbor, and if your...
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