California Personal Injury Questions & Answers
Q: I want to file a civil law suit against my ex who raped me. Do statute of limitations apply?
William John Light's answer
The statute of limitations for sexual battery is 3 years. Talk to an attorney asap.
The statute of limitations for sexual battery is 3 years. Talk to an attorney asap.
Q: I suffer from chronic debilitating migraines and have been admitted to the e.r. multiple times for symptoms triggered
3 Answers
| Asked
in
Personal Injury, Products Liability and Landlord - Tenant
for
California
on
Answered on Feb 14, 2019
Answered on Feb 14, 2019
William John Light's answer
File a complaint with the Dept. of Fair Employment & Housing. Your fragrance sensitivity might be a disability that requires reasonable accommodation. https://www.dfeh.ca.gov/complaint-process/file-a-complaint/
File a complaint with the Dept. of Fair Employment & Housing. Your fragrance sensitivity might be a disability that requires reasonable accommodation. https://www.dfeh.ca.gov/complaint-process/file-a-complaint/
Q: I had my rv parked on private property without the owners knowledge. The owner tows my rv damaging it in the process
Thomas A. Grossman's answer
I hate to say it but your first sentence is what got you into trouble. You had an obligation to let the owner of the property know that you were using his land for your RV. Also, building a gate and a fence is trespassing on the owner's land. Since I don't know where this all happens, I can't give you any better advice, other than to be sure and find out whose land you are parking on.
I hate to say it but your first sentence is what got you into trouble. You had an obligation to let the owner of the property know that you were using his land for your RV. Also, building a gate and a fence is trespassing on the owner's land. Since I don't know where this all happens, I can't give you any better advice, other than to be sure and find out whose land you are parking on.
Q: I was at-fault in a car accident last year. I am a California resident.
William John Light's answer
Tell your insurance to offer your policy limits to settle the case and that you have no personal assets to add to the settlement, and to communicate to the plaintiff that if an excess judgment is entered against you, you will file for bankruptcy. Your IRA should be protected from creditors in a bankruptcy proceeding, based on a 2005 Supreme Court ruling. https://www.trustetc.com/resources/education/articles/supreme-court-ruling
Confirm with a judgment collection/bankruptcy attorney....
Tell your insurance to offer your policy limits to settle the case and that you have no personal assets to add to the settlement, and to communicate to the plaintiff that if an excess judgment is entered against you, you will file for bankruptcy. Your IRA should be protected from creditors in a bankruptcy proceeding, based on a 2005 Supreme Court ruling. https://www.trustetc.com/resources/education/articles/supreme-court-ruling
Confirm with a judgment collection/bankruptcy attorney....
Q: Is there time restraints in a civil personal injury case? Can a big-time insurance company drag it on?
Timur Akpinar's answer
If a matter is not in suit, things can drag on. There could be delays in making arrangements to see a vehicle to evaluate property damage, delays to arrange for a preliminary statement from a claimant, delays in reviewing police reports, or responding to correspondence. If a matter is in suit, time tables tend to be reigned in tighter because the parties have a certain number of days to answer pleadings and respond to requests for discovery. But even in suit, matters can drag on, particularly...
If a matter is not in suit, things can drag on. There could be delays in making arrangements to see a vehicle to evaluate property damage, delays to arrange for a preliminary statement from a claimant, delays in reviewing police reports, or responding to correspondence. If a matter is in suit, time tables tend to be reigned in tighter because the parties have a certain number of days to answer pleadings and respond to requests for discovery. But even in suit, matters can drag on, particularly...
Q: the federal court asked for an amended complaint. do i need my exhibits to submit the amended complaint?
2 Answers
| Asked
in
Personal Injury, Civil Rights and Medical Malpractice
for
California
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Dale S. Gribow's answer
more info needed.
if you have a good accident case a PI lawyer will take it on a contingency so there is no cost to you.
if no one takes it that is a clue that the case may not be that strong.
call more lawyer
more info needed.
if you have a good accident case a PI lawyer will take it on a contingency so there is no cost to you.
if no one takes it that is a clue that the case may not be that strong.
call more lawyer
Q: If my ex’s business license is expired and I notify his vendor is that business intereference in California.
2 Answers
| Asked
in
Civil Litigation and Personal Injury
for
California
on
Answered on Jan 26, 2019
Answered on Jan 26, 2019
Dale S. Gribow's answer
much more info needed.
however, anyone can sue anyone else for anything at any time.
the question is will they win and can one find a lawyer to handle it on a contingency or have enough money to pay a lawyer on an hourly.
if has money for lawyers and you do not then I fear for your prevailing
much more info needed.
however, anyone can sue anyone else for anything at any time.
the question is will they win and can one find a lawyer to handle it on a contingency or have enough money to pay a lawyer on an hourly.
if has money for lawyers and you do not then I fear for your prevailing
Q: Doctor punched my infected kidney & nurse gave me a shot in but cheek which paralyzed me for 3 days after hitting nerve.
2 Answers
| Asked
in
Personal Injury, Medical Malpractice and Public Benefits
for
California
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
William John Light's answer
It is highly unlikely that you were "punched" by a doctor in the course of medical treatment, unless you were being uncooperative and a danger to yourself or others. If that actually happened, contact the Medical Board. http://www.mbc.ca.gov/Consumers/Complaints/
If your complaints of "punching" are sustained, a personal injury attorney might be interested in taking your case.
With regard to the shot in the cheek, if your paralysis has resolved, and if that condition was the...
It is highly unlikely that you were "punched" by a doctor in the course of medical treatment, unless you were being uncooperative and a danger to yourself or others. If that actually happened, contact the Medical Board. http://www.mbc.ca.gov/Consumers/Complaints/
If your complaints of "punching" are sustained, a personal injury attorney might be interested in taking your case.
With regard to the shot in the cheek, if your paralysis has resolved, and if that condition was the...
Q: Can I suse a doctor for misdiagnosis?
3 Answers
| Asked
in
Personal Injury and Medical Malpractice
for
California
on
Answered on Jan 19, 2019
Answered on Jan 19, 2019
Gerald Barry Dorfman's answer
Yes, you may very well have a legitimate medical malpractice claim. You should contact medical malpractice attorneys right away. The statute of limitations is shorter than for regular personal injury claims, and if a public entity is involved there is an even shorter claim filing deadline. Do not wait. These types of cases are difficult to assess and win, and require evaluation by experts. Do not wait.
Yes, you may very well have a legitimate medical malpractice claim. You should contact medical malpractice attorneys right away. The statute of limitations is shorter than for regular personal injury claims, and if a public entity is involved there is an even shorter claim filing deadline. Do not wait. These types of cases are difficult to assess and win, and require evaluation by experts. Do not wait.
Q: Can you ask a patient to get a HIV test if you were poked?
William John Light's answer
Your question indicates you are in Phoenix. Your question landed in the California forum. You should be asking Arizona attorneys and/or hospital management (assuming that is where this event occurred).
Your question indicates you are in Phoenix. Your question landed in the California forum. You should be asking Arizona attorneys and/or hospital management (assuming that is where this event occurred).
Q: I live in IL. Can I seek legal aid in CA for personal injury sustained while visiting a friend there? I'm 70, on SS only
William John Light's answer
Yes, you can retain a Personal Injury attorney. We all work on contingency fee, so there is no cash up front. Talk to one of us about your case. No one is supposed to offer to take your case. You are supposed to reach out to the attorney first. If anyone does ask you to call them, don't do it. That kind of attorney is unethical.
Whether or not you have a case depends on whether the property owner did something wrong. If the curb was wet, why was it wet? Was there leaking...
Yes, you can retain a Personal Injury attorney. We all work on contingency fee, so there is no cash up front. Talk to one of us about your case. No one is supposed to offer to take your case. You are supposed to reach out to the attorney first. If anyone does ask you to call them, don't do it. That kind of attorney is unethical.
Whether or not you have a case depends on whether the property owner did something wrong. If the curb was wet, why was it wet? Was there leaking...
Q: Hung jury, can the judge find you guilty if your jury was dead locked?
2 Answers
| Asked
in
Personal Injury, Appeals / Appellate Law, Civil Rights and Gov & Administrative Law
for
California
on
Answered on Jan 10, 2019
Answered on Jan 10, 2019
Dale S. Gribow's answer
more info needed
i do not know how that could happen
the best person to ask who would know all the facts is your lawyer.
what does he or she say..............
more info needed
i do not know how that could happen
the best person to ask who would know all the facts is your lawyer.
what does he or she say..............
Q: Even if all cases were consolidated? 2012,2013,2015, it took them 6 years to convict me
1 Answer
| Asked
in
Personal Injury, Appeals / Appellate Law, Civil Rights and Constitutional Law
for
California
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Dale S. Gribow's answer
much more info needed.
this question should be posed to the lawyer who represented you and is aware of all the facts.
it sounds like there would be a ton of info for a lawyer to review and lawyers are going to charge you to do so.
i do not handle this kind of matter.
much more info needed.
this question should be posed to the lawyer who represented you and is aware of all the facts.
it sounds like there would be a ton of info for a lawyer to review and lawyers are going to charge you to do so.
i do not handle this kind of matter.
Q: What kind of attorney do i need? If a well known Hotel throw all of my belongings including my sons ashes in the trash.
2 Answers
| Asked
in
Personal Injury, Civil Litigation and Civil Rights
for
California
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Steven McNicholl's answer
It will depend on the amount of damages you wish to claim. In California, if you claim damages of less than $10,000 you will likely be in small claims court. There are attorney's that help with small claims court cases. If you claim an amount greater than that you would need a civil attorney to assist you.
It will depend on the amount of damages you wish to claim. In California, if you claim damages of less than $10,000 you will likely be in small claims court. There are attorney's that help with small claims court cases. If you claim an amount greater than that you would need a civil attorney to assist you.
Q: Is a city/county responsible for injury (fractured ribs) due to rutted sidewalk while on a bicycle?
William John Light's answer
Possibly. In California, whether bicycles are allowed in sidewalks is left to local jurisdictions. In Petaluma, the city prohibits bikes on sidewalks in the central business district of the city unless traffic signs are posted informing bicyclists and pedestrians that the sidewalk has dual usage. Additionally, the city code states that, “No person shall ride a bicycle on any sidewalk which abuts the front of any school or any building used for public assembly.” (Petaluma Municipal Code...
Possibly. In California, whether bicycles are allowed in sidewalks is left to local jurisdictions. In Petaluma, the city prohibits bikes on sidewalks in the central business district of the city unless traffic signs are posted informing bicyclists and pedestrians that the sidewalk has dual usage. Additionally, the city code states that, “No person shall ride a bicycle on any sidewalk which abuts the front of any school or any building used for public assembly.” (Petaluma Municipal Code...
Q: Can the DA only bring his Witnesses to trial, and exclude all of my witnesses? Can they also deny representation?
2 Answers
| Asked
in
Criminal Law, Personal Injury, Appeals / Appellate Law and Civil Rights
for
California
on
Answered on Jan 8, 2019
Answered on Jan 8, 2019
William John Light's answer
If these are real issues, your attorney should raise them in pretrial motions or in cross examination. If you don't have an attorney, get one.
If these are real issues, your attorney should raise them in pretrial motions or in cross examination. If you don't have an attorney, get one.
Q: whT CAN I DO IF MY WIFE HAD A FALL at a hospital
Thomas A. Grossman's answer
It depends on the circumstances. If she simply fell down on her own, there may be nothing that you can do. However, if she fell down do to negligence on the part of the Hospital (e.g. water or other liquid on the floor; poor lighting; no nurse available to help her; et.) she may have a case. Unfortunately, many people feel they can walk just fine but end up falling anyway. That would not be he Hospital's fault. It also depends on where she was when she fell, and how bad she hurt herself....
It depends on the circumstances. If she simply fell down on her own, there may be nothing that you can do. However, if she fell down do to negligence on the part of the Hospital (e.g. water or other liquid on the floor; poor lighting; no nurse available to help her; et.) she may have a case. Unfortunately, many people feel they can walk just fine but end up falling anyway. That would not be he Hospital's fault. It also depends on where she was when she fell, and how bad she hurt herself....
Q: I hired this pet sitter to take care of my dogs while I am away at work. She took my youngest dog to a couple for a meet
William John Light's answer
This doesn't really make sense. Your "dog sitter" placed your dog in another home, two months ago, apparently without your permission? You didn't demand it back, but asked to see it? It sounds like the dog was adopted/given away and you consented. A written agreement is formal, but not required.
However, if the dog was given away without your permission, you can sue to get it back or recover its monetary value. If you sue, bring all evidence that the dog is yours, along with some...
This doesn't really make sense. Your "dog sitter" placed your dog in another home, two months ago, apparently without your permission? You didn't demand it back, but asked to see it? It sounds like the dog was adopted/given away and you consented. A written agreement is formal, but not required.
However, if the dog was given away without your permission, you can sue to get it back or recover its monetary value. If you sue, bring all evidence that the dog is yours, along with some...
Q: What does it mean when a detaining county has "no jurisdiction" over a two-year old child that currently is being detain
Dale S. Gribow's answer
More info needed.
You need to ask this of lawyers who are familiar with Indian Law.
However normally when an Entity has no jurisdiction, they no longer have any interest in the matter.
More info needed.
You need to ask this of lawyers who are familiar with Indian Law.
However normally when an Entity has no jurisdiction, they no longer have any interest in the matter.
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