Lawyers, Answer Questions  & Get Points Log In
California Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: I’ve recently discovered I’m eligible for personal injury compensation. Suspect admitted fault in 3 days. NEED HELP

Suspect admitted 100% fault right away. I was in a rental that I was liable for. Lawyer that represented me at time settled me out for 2,000…. I feel like there’s room for compensation. Please contact me asap as I need help pursuing this

Theodore Allan Greene
Theodore Allan Greene
answered on Jan 29, 2023

If you signed a Settlement Agreement then most likely you are done and there is nothing more you can do. Read whatever document you signed carefully and it should be self evident. You might ask an attorney to help you understand the document if you can't.

3 Answers | Asked in Personal Injury for California on
Q: Lawsuit in discovery mode… when am I getting a settlement offer?… finished treatment Dec.8th now. IT’s January 28th…

Incident happened August 24th (nied)… treated for 3 months… last session was dec.7th…. Called attorney says claim is in discovery mode….. how long left til claim is done? When should I expect a settlement offer?

William John Light
William John Light
answered on Jan 28, 2023

This question should be presented to your attorney. He is being paid for this. In general, settlement can take a few weeks to a few years. Where your case fits along that spectrum depends on facts, which we don't have.

View More Answers

1 Answer | Asked in Personal Injury and Civil Litigation for California on
Q: if I file a complaint with the court but have yet to file it with the defendants, can I change it? Not facts just reduce

Representing myself, judge extended my timeframe to submit summos and complaint, so it should be okay to change, right? live in CA

Adam Stoddard
Adam Stoddard
answered on Jan 25, 2023

You are entitled to file an amended complaint once as a matter of right without seeking leave of court to do so, as long as it is before the defendant has answered or filed a demurrer. Refer to CCP 472.

2 Answers | Asked in Contracts, Personal Injury and Small Claims for California on
Q: what type of lawyer would I need if I did a medical research study and was told wrong information about the study.

I was told wrong information about what I was participating in and had I known I would not have participated.

Dale S. Gribow
Dale S. Gribow
answered on Jan 24, 2023

YOU WANT A CIVIL LITIGATOR.

HOWEVER, THE ISSUE WILL BE DAMAGES.

YOU HAVE TO PROVE HOW YOU WERE DAMAGED BY THIS INCORRECT INFO.

View More Answers

2 Answers | Asked in Contracts, Personal Injury and Small Claims for California on
Q: what type of lawyer would I need if I did a medical research study and was told wrong information about the study.

I was told wrong information about what I was participating in and had I known I would not have participated.

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 24, 2023

Before thinking about a lawyer consider the value of your claim. Lawyers are expensive and their fees may exceed the value of a potential recovery. Consider small claims court if the value of your claim is less than $10,000.

View More Answers

1 Answer | Asked in Libel & Slander and Personal Injury for California on
Q: Sensitive question. Please don’t remove because it’s literally a life or death situation.

Sensitive question. Please don’t remove because it’s literally a life or death situation.

I dated someone ( a franchisor ) of a multimillion dollar company that deals with children. One day I walked in on him raping a 9 year old . I reported him but I wasn’t taken seriously.he said I... Read more »

Lyndsie Nichole Russell
Lyndsie Nichole Russell
answered on Jan 23, 2023

If you have been served with the complaint, you should hire an attorney immediately. There is a limited time for you to respond to the complaint. If you do not respond within the timeframe, a default can be taken against you which cuts off your ability to defend the lawsuit. An experienced... Read more »

5 Answers | Asked in Personal Injury for California on
Q: When I was hit by u/m I was sitting in my car parked not driving I went to hospital went to chiro Had whiplash

MRI for my headache's and neck pain have bulging disk no surgeries no more medical visits I've been told were waiting on medical lien that it would be 30-60 days but it's been over 6 months it's been a struggle since day 1 and still is should I call my insurance co IDK what to... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jan 23, 2023

Contact a personal injury attorney right away. You have a limited time to sue for your injuries, so any delay may prejudice your right to file a lawsuit to recover for your injuries.

View More Answers

5 Answers | Asked in Personal Injury for California on
Q: When I was hit by u/m I was sitting in my car parked not driving I went to hospital went to chiro Had whiplash

MRI for my headache's and neck pain have bulging disk no surgeries no more medical visits I've been told were waiting on medical lien that it would be 30-60 days but it's been over 6 months it's been a struggle since day 1 and still is should I call my insurance co IDK what to... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 23, 2023

It's not fair. There are a lot of uninsured motorists driving in California. The only way to protect yourself and your family is if you have UM (Uninsured Motorist) Coverage. You can find this on your Declarations page of your policy. The Decl page is a summary of your coverage. If you have... Read more »

View More Answers

2 Answers | Asked in Personal Injury for California on
Q: I was hit by an uninsured motorist who was at fault yr1/2 ago, I had liability with u/m still waiting on settlement why

I wasn't driving I was sitting in my car and was slammed from behind still waiting for my settlement my lawyer isn't keeping in contact to make it worse what should I do

William John Light
William John Light
answered on Jan 23, 2023

You can wait, or you can try to get a new attorney. No one can tell you whether your case should be settled by now. We don't know your injuries, medical treatment, medical expenses, whether your treatment is complete or ongoing, how many expert witnesses you require to testify at your UIM... Read more »

View More Answers

3 Answers | Asked in Contracts, Personal Injury and Business Law for California on
Q: Do I have any claims against the business even it states in a signed form that it is not liable for the injury?

As I walking on the treadmill, I tried to tell a girl who used it wrongly and dangerously. The girl did not hear me as she put on the headphones. I did not notice the warning light. A few minutes later, I was panicked and stopped the machine which was wrong. I should have slowed down the machine... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 22, 2023

make an appt with a local PI lawyer who can review your contract.

they can't just say they do not have liability.............

View More Answers

3 Answers | Asked in Contracts, Personal Injury and Business Law for California on
Q: Do I have any claims against the business even it states in a signed form that it is not liable for the injury?

As I walking on the treadmill, I tried to tell a girl who used it wrongly and dangerously. The girl did not hear me as she put on the headphones. I did not notice the warning light. A few minutes later, I was panicked and stopped the machine which was wrong. I should have slowed down the machine... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jan 23, 2023

I agree with Mr. Gribow. Consult a personal injury attorney who will review the contract you signed with the gym. If their machine was defective they cannot just tell you they're not liable. You usually cannot waive liability for their negligence or for a defective product.

View More Answers

4 Answers | Asked in Family Law, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: Defendant found math/fact errors in the Stipulation after Judge signed it.

The plaintiff made the stipulation to settle down something and the defendant signed on it. The defendant had the Judge signed on it 2 weeks later as well. Unfortunately, the defendant realized there were errors in the stipulation at the moment the Judge signed it.. The defendant didn't find... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

If defendant is represented by a lawyer then speak to the lawyer immediately----if no lawyer is involved, then I highly recommend that the defendant immediately contact a lawyer to discuss the specifics of this and determine how to proceed further. Any lawyer will need a copy of the document in... Read more »

View More Answers

3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: I've told a law firm I no I don't need there service. They keep asking me to sign a contract and won't stop

After telling them I found another lawyer and if I needed there service I would call them. They message me everyday and it I looked over the contract to sign so they can get started on my case. I told them I'm not signing anything and I don't need there services. They won't stop.

Theodore Allan Greene
Theodore Allan Greene
answered on Jan 19, 2023

that is a little disturbing. It could be a service they are using that isn't working properly. I would suggest you send a letter to the main attorney informing them of the situation. That should get it to stop.. and obviously just ignore the messages being sent.

View More Answers

7 Answers | Asked in Personal Injury and Car Accidents for California on
Q: How can I get this driver's insurance company name? Struck by a vehicle in a crosswalk, driver has insurance per police

Partner and I were both struck by a vehicle, driver refused to give us information until the cops got there, the police arrived while we were both being driven away in the ambulance witnesses state he did have insurance, cops took down all information except for who his insurance company is. We... Read more »

William John Light
William John Light
answered on Jan 18, 2023

There are companies who will identify possible insurers, for a fee. You can also write to the defendant and ask for that information. You would be better off, and have more chance of learning this information, if you hired an attorney. You will get very little respect as a self-represented claimant.

View More Answers

2 Answers | Asked in Foreclosure, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: Which type of attorney handles cases relating to suing the city for negligence against residential inhabitants?

The city has allowed warehouses to box my house in on all four sides and for the past few years, it has been a living hell with warehouse owners, construction workers, and big rig drivers, noise, etc. My children can no longer be outside to play. I tried Personal Injury attorneys, but they said... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 17, 2023

This is a question for real estate and zoning attorneys. Good luck.

View More Answers

1 Answer | Asked in Personal Injury for California on
Q: How long can my brother go to jail ? He went in talking to the cops for a speed chase at 2800.2
Dale S. Gribow
Dale S. Gribow
answered on Jan 16, 2023

Much more info is needed.

Was anyone injured in the chase, was he in his car or was it stolen; what record does he have?

he either retained or had a lawyer appointed, and that lawyer will have ALL the info that is needed to have an "idea" of what might happen....
Read more »

3 Answers | Asked in Personal Injury for California on
Q: I was at Modesto's municipal golf course an 80-ft tree fell a large Branch hit me and hurt my back are they liable

The golf course has been closed for 2 years but it's still open to the public

Adam Stoddard
Adam Stoddard
answered on Jan 16, 2023

Is this a City or County run facility? You potentially could file a lawsuit; however, if it is a public entity that owns and operates the land you would need to serve a Government Tort Claim notice within 6 months from the date of the incident. If 6 months has already lapsed, you would need to... Read more »

View More Answers

3 Answers | Asked in Personal Injury for California on
Q: Can I talk to the defendant directly and agree on a settlement to get payment? And how?

I have a car accident case, unlimited claim. I didn’t accept the settlement payment that the defendant offered. I planned to do a trial, but my attorney gave up my case now, so I changed my mind and want to accept the settlement by myself. So can I talk to the defendant directly and agree on a... Read more »

William John Light
William John Light
answered on Jan 16, 2023

You can do that, but the defendant's motivation to settle, now that you do not have an attorney, will be substantially less. Do not be surprised if the offer is no longer there. Also, your former attorney might be a payee on the check along with you since he may have a claim to some portion... Read more »

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Is a two year non elective surgical postponement grounds for a medical malpractice lawsuit for a SSDI senior.

Torn right patellar tendon that has left me on crutches for over two years in February that has contributed to shoulder tendinitis’s, bone spurs, degenerative lumbar disc disease and daily lower back and shoulder pain. Have reached out to several local attorneys with little or no response. I... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jan 9, 2023

You should establish a basis for medical malpractice and notify the medical provider of your intent to file a lawsuit. Usually, this should happen within a year of injury, or one year after the victim discovered or should have discovered the injury, or three years of the date of the malpractice.... Read more »

View More Answers

1 Answer | Asked in Personal Injury, Civil Rights, Criminal Law and Small Claims for California on
Q: What kind a lawyer do I need?

The person injured me and made a false statement to the police (or bribe them) to make me arrested. I bailed out, and the case got dismissed. He intentionally did this trick and didn't pay me money for the job I've done for him as a consultant, he did iit to scare me or made me lose my... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 7, 2023

why was case dismissed?

dismissed or not guilty is not the same as innocent.

if your looking for a whistleblower suit you need a civil litigator.

if your looking to collect a small amount of money owed (less than $10k) use small claims.

have you reported to police?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.