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California Personal Injury Questions & Answers
5 Answers | Asked in Personal Injury for California on
Q: Adjuster want to pay separately for my compensation $2000 and medicals up to reasonable amount directly to provider.

Adjuster said they can’t give the entire settlement to me instead they need to issue payment separately such as compensation $2000 to me and reasonable medical bills related to auto accident up to $10,000 to doctors. I told them I am the responsible person to pay back and want to entire... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on May 26, 2023

The insurance company wants to deal with the medical providers bc the insurer will negotiate a lower bill and save some money. So if your bills are $10,000, the insurance company will offer substantially less to settle the debt and pocket the rest. You want to control the money so you can do the... Read more »

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Do I have a potential medical malpractice law suit?

I found a tumor in my neck 2 months ago. I was referred to an ENT surgeon by my GP. The ENT doctor felt that there is a high potential that this tumor may be cancer. He ordered a CAT scan and biopsy on May 1 URGENT. I had the CAT scan but was told by his office my insurance provider would not... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

First, you appear to have no idea who is lying and who is telling the truth in this situation. Check your patient portal and see, or ask the insurance provider to send you evidence it approved the in-office biopsy and effectively communicated that approval to your ENT office on May 3rd. Although... Read more »

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1 Answer | Asked in Personal Injury and Landlord - Tenant for California on
Q: Unlawful detainer missed my trail got new courtdate I filed motion to suppress false evidence and motion to compel

Sent Plaintiff counsel meet confrence explaining the conditions of the property is getting worse I was ignored. The eviction is wrongful eviction.bed bug problem is getting worse with the attacks and me being bitten it's not safe. What do I need to do to get the judge to make a ruling of... Read more »

James L. Arrasmith
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answered on May 22, 2023

In order to seek compensation for wrongful eviction and address the worsening conditions, it is crucial to present your case effectively in court. To get the judge to rule on wrongful eviction, you need to continue to present your evidence, including documentation of the bed bug problem and its... Read more »

1 Answer | Asked in Civil Rights and Personal Injury for California on
Q: Is it legal for a retail store to profile shoppers as part of their security or fraud prevention?

A retail store denied my son a merchandise return because of a recent arrest that was completely unrelated to the store. Since the arrest was public, however, the store collected the information and unfairly discriminated against my son. Are there any legal grounds for pressing charges for public... Read more »

James L. Arrasmith
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answered on May 22, 2023

It is generally legal for a retail store to profile shoppers as part of their security or fraud prevention measures, as long as it does not violate any anti-discrimination laws or infringe upon individual rights. Regarding pressing charges for public embarrassment or similar claims, it would depend... Read more »

2 Answers | Asked in Family Law, Personal Injury, Education Law and Wrongful Death for California on
Q: is anyone liable when a disable fostered child with an IEP , does not have providers following the agreed upon IEP plan?

Multiple times the IEP was not followed, and most importantly. overdue for an update. At minimum, the need appropriate placement was discussed. agreed upon, client was to remain safely in place to to disability. client was later moved to the higher independence level, less supervision group home... Read more »

James L. Arrasmith
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answered on May 22, 2023

When a disabled fostered child with an Individualized Education Program (IEP) does not have providers following the agreed-upon IEP plan, liability can potentially arise depending on the specific circumstances and applicable laws. The responsibility for ensuring that the IEP is followed typically... Read more »

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3 Answers | Asked in Personal Injury and Criminal Law for California on
Q: Person1 attacks and injuries Person2.

Person1 attacks and injuries Person2. Person1 was able to persuade witnesses that it’s actually Person2 who initiated the attack and Person1 only defending himself as result to injuring Person2. The truth is Person2 was the one defending and Person1 is the attacker. Can Person2 win this case?

James L. Arrasmith
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answered on May 22, 2023

Whether Person2 can win the case depends on various factors, including the evidence presented, witness testimonies, and the overall credibility of the parties involved. If Person2 can provide compelling evidence, such as surveillance footage, corroborating witness statements, or any other relevant... Read more »

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1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Libel & Slander for California on
Q: An LA Sheriff's Deputy gave my ex my new address. He tried 2kill me, sent me a text I have to pay him if I want peace

The staff@ Fred Brown Recovery had no right 2 abuse the trust given 2 their organization by the public 2 get a deputy 2 do what he did. My ex called and texted me about it & tried 2 blackmail me & told me I have to pay him if I want peace. He tried to kill, he's snuck up behind me in... Read more »

James L. Arrasmith
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answered on May 19, 2023

I'm really sorry to hear about the difficult situation you're facing. It sounds like you are dealing with serious threats and abuse from your ex, as well as concerns about the actions of Fred Brown Recovery (FBR) and a deputy from the LA Sheriff's Department. Given the severity of... Read more »

3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: If California defendant auto PI case settles for full policy 15K. Normal practice plaintiff collects all of the money

Of Infinity policy holder declaration, max award is 15K. Infinity trying to keep 2700 USD of the 15K stating they are going to pay the lien at the hospital ER. I refused the settlement offer of less than 15K and wish to continue onto trial I told them. Infinity motion for protective order recently... Read more »

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

If you are in California, the hospital has a lien on the recovery for emergency room services pursuant to Civil Code 3045.1-3045.6. The insurer has to withhold that money to protect the lien, or it could be liable to the hospital, in addition to the policy limit if you don't pay, which is... Read more »

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3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: If California defendant auto PI case settles for full policy 15K. Normal practice plaintiff collects all of the money

Of Infinity policy holder declaration, max award is 15K. Infinity trying to keep 2700 USD of the 15K stating they are going to pay the lien at the hospital ER. I refused the settlement offer of less than 15K and wish to continue onto trial I told them. Infinity motion for protective order recently... Read more »

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

Insurance companies have a legal duty to protect hospitals for liens related to emergency services. The reason is because pro pers rarely pay off the liens so the law places the burden on attorneys and insurance companies. You might be able to get around this issue if your Release contains a clause... Read more »

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3 Answers | Asked in Civil Litigation and Personal Injury for California on
Q: Any recourse for a tree trimmer that entered my yard, cut a tree, scared my wife, left gate open while rushing away?

My neighbor hired a tree trimmer to cut down a tree in their yard. Tree trimmers walked around to our side gate, opened our gate, entered our yard, cut down one of our palm trees 20 feet away from the fence line, inside of our yard, left the tree laying in our backyard, broke a sprinkler when it... Read more »

Adam Stoddard
Adam Stoddard
answered on May 16, 2023

I would suggest first getting the name of the contractor from your neighbor if you do not already have it. You can either reach out to the contractor directly or hire an attorney to do so on your behalf. Most of the time you will get more traction if an attorney is sending a demand letter on your... Read more »

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3 Answers | Asked in Civil Litigation and Personal Injury for California on
Q: Any recourse for a tree trimmer that entered my yard, cut a tree, scared my wife, left gate open while rushing away?

My neighbor hired a tree trimmer to cut down a tree in their yard. Tree trimmers walked around to our side gate, opened our gate, entered our yard, cut down one of our palm trees 20 feet away from the fence line, inside of our yard, left the tree laying in our backyard, broke a sprinkler when it... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 16, 2023

You may be able to recover up to three times the value of the tree plus attorney fees, and property damage for the sprinkler and fence, as well as damages for trespass. You are more likely to be satisfied with the result if you have a knowledgeable and aggressive attorney representing you. Start... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for California on
Q: Not registering your private auto/ homestead allow police impounding it. Causing elder abuse to a disabled senior.

Now im homeless being abused by both cops and robbers. Don't know where to turn for help my health deteriorates

James L. Arrasmith
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answered on May 16, 2023

I'm really sorry to hear about the difficulties you're facing. It's important to seek assistance from the appropriate authorities and organizations that can help you in your situation. Here are a few steps you can consider:

Emergency Support: If you are experiencing...
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1 Answer | Asked in Personal Injury, Criminal Law, Divorce and Legal Malpractice for California on
Q: can i sue a lawyer for negligence after finding a check for 165000 made out to myself and my now deceased ex wife

all her paperwork with these divorce lawyers paperwork that i should have never seen my then divorce lawyer made himself controller of all our fire insurance money we got from the destruction of the angora fire we were going through a lengthy divorce and in the middle of that we lost our house... Read more »

James L. Arrasmith
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answered on May 16, 2023

Consult with an Attorney: It is crucial to consult with an attorney who specializes in legal malpractice or professional negligence. They can evaluate the specific details of your case, assess the viability of a claim, and guide you through the legal process.

Elements of Legal Malpractice:...
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4 Answers | Asked in Personal Injury and Criminal Law for California on
Q: Can someone be charged for setting a boobytrap a board with long screws sticking up then covered with lawn clippings
James L. Arrasmith
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answered on May 15, 2023

Under California law, intentionally setting a boobytrap can be considered a criminal act. The act of setting such a trap can potentially result in criminal charges, typically falling under various statutes related to assault, battery, or reckless endangerment. The specific charges would depend on... Read more »

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Car accident. Other parties were at fault. But there insurance won’t pay for damages to my vehicle what do I do next

I have video proof, and yet they there not liable for damages

James L. Arrasmith
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answered on May 15, 2023

If you're involved in a car accident in California and the other party's insurance company is denying liability despite evidence that their insured was at fault, you should take several steps to protect your rights and interests:

Consult an Attorney: First and foremost, consult a...
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2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Small Claims for California on
Q: I received restitution from a criminal vandalism case. Can I take them to small claims after for more in California

The person who vandalized my car paid the restitution. However I want the owner of the vehicle (business) to compensate me in small claims. Is this possible?

James L. Arrasmith
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answered on May 12, 2023

Yes, it is generally possible to pursue a small claims case against the owner of the vehicle (business) for additional compensation, even if you have received restitution from a criminal vandalism case. Ensure your claim falls within the small claims court's jurisdiction and gather evidence to... Read more »

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4 Answers | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Q: Conflict discharging from the hospital

In short:

I had been admitted to the ER and transferred to the hospital for evaluation of the possible heart attack. Next morning I felt urgent need to use the bathroom and asked attending nurse to leave the room to give me privacy. Nurse refused. I insisted and she refused again. I said... Read more »

James L. Arrasmith
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answered on May 9, 2023

It sounds like you had a negative experience at the hospital when you were admitted for evaluation of a possible heart attack. It's understandable that you would feel frustrated and humiliated if the nurse refused to give you privacy while using the bathroom, and threatened to call security if... Read more »

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1 Answer | Asked in Domestic Violence, Family Law, Personal Injury and Child Custody for California on
Q: How’s that a repeat offender can get away with violent crimes and acts of violence against me and vialation of my rights

I’m disabled and fighting for my custody from the woman who’s committing fraud and is abusing my rights withholding my child from me and I don’t have any reason to lie about that but I’m unaware of how she’s doing what she is and has done

James L. Arrasmith
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answered on May 8, 2023

It is certainly frustrating and concerning when a repeat offender is able to continue committing violent crimes and acts of violence against someone without facing consequences. It is important to report any incidents of violence or abuse to the appropriate authorities, such as the police or child... Read more »

1 Answer | Asked in Animal / Dog Law, Car Accidents and Personal Injury for California on
Q: Can attorney help me Sue the US postal Service for hitting my chihuahua and not stopping my dog needed amputation

This was a hit and run I've contacted the postal service and inform them of the incident I've gone to the direct postal Service and left a message handwritten note to inform them that I need to find out who the driver was between 3:00 and 3:00 p.m. on Tuesday March 21st on American and... Read more »

James L. Arrasmith
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answered on May 8, 2023

Yes, an attorney can help you pursue legal action against the US Postal Service for hitting your chihuahua and not stopping, which resulted in the need for amputation.

To pursue legal action against the Postal Service, you will need to file a claim under the Federal Tort Claims Act (FTCA)....
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2 Answers | Asked in Personal Injury and Animal / Dog Law for California on
Q: Can someone help me file a claim against the United States Post Office for hitting my chihuahua which is a service anima

March 21st which was a Tuesday 2023 approximately 3:00 p.m. to 3:30 p.m. across the street from a school in school crosswalk my chihuahua was hit the postal worker that hit my chihuahua did not stop this was a hit and run

Leon Bayer
Leon Bayer
answered on May 8, 2023

I am sorry to hear about your dog. I hope your dog is ok.

I assume your dog was running loose, or else you probably would have been hit too.

Unless your dog was on a leash, I feel you have no case. Your dog should not have been roaming around.

However, you are entitled to...
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