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California Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Is it still possible to file a medical malpractice lawsuit even though it's been 3 years since the injury (surgery)?

I had surgery in 2017 to repair a rectal prolapse and have suffered from pain and incontinence ever since. The surgeon who did the procedure left the state (California) 6 months after the surgery. Since then I have been trying to find out what's wrong but it hasn't been easy. My PCP... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Jul 27, 2020

You might be able to take some action but you need to schedule an appointment with an experienced MedMal attorney. The doctor most likely had insurance at the time of the surgery which would apply even though he moved. Also his employer may have had insurance if he worked in a group. A good... Read more »

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2 Answers | Asked in Personal Injury and Products Liability for California on
Q: I bought a pack of golden deer and I smoked a cigarette out of one of my packs and a cut on the filter

And it tasted nasty and I think there was something in it and it made me throw up

William John Light
William John Light answered on Jul 21, 2020

Well, the evidence is gone or mostly gone, because you smoked it. Also, claiming you threw up isn't evidence of damages. For that, you need medical care, including a diagnosis, lab tests showing the presence of some bacteria, virus, chemical, poison, etc. that can be traced to the cigarette,... Read more »

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2 Answers | Asked in Personal Injury for California on
Q: What's the best wording to write a letter to the insurance company for Safeway? I tripped on a faulty cart.

I flew across the floor landing on my knee. I am a computer consultant and now can't sit for long periods of time. An MRI showed bursitis in that knee. Essentially I'm not out medical cost but I am out employment and it's been two years.

William John Light
William John Light answered on Jul 15, 2020

If it's been two years, you are either beyond the two year statute of limitations, or perilously close. You need an immediate consultation with an attorney.

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3 Answers | Asked in Insurance Defense and Personal Injury for California on
Q: in need of a lawyer that can help me with my case involving auto insurance that has not taken my claim into account.

I was involved in a car accident that i was not at fault. However, my auto insurance has not taken responsibility of my claim. It has been a while and I've tried contacting them but thus far i haven't gotten a response. I want them to pay for my totaled car and my ignored injuries. They... Read more »

William John Light
William John Light answered on Jul 13, 2020

You will have to call PI attorneys, or email them, directly. Attorneys are not allowed to contact you or solicit your business. If anyone responds to your post in this manner, run in the other direction. You do not want attorneys who break rules representing you.

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3 Answers | Asked in Business Formation, Business Law, Car Accidents and Personal Injury for California on
Q: If I purchase a vehicle in my company name, am I putting my business at risk If I am sued in result of an accident?

I plan on purchasing a truck used primarily for work, but also for personal use. In order to utilize tax benefits such as "bonus depreciation" the vehicle has to be titled in the company name. I fear that if myself or my spouse are driving the vehicle and are sued in the event of an... Read more »

William John Light
William John Light answered on Jul 11, 2020

In short, yes. As an owner of the vehicle, the Company is liable for up to $15k/person, $30k/collision for bodily injury and up to $5k for property damage.

If you injure someone in the course and scope of your work, the Company is liable for all damages you cause. If you have a commercial...
Read more »

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2 Answers | Asked in Libel & Slander and Personal Injury for California on
Q: Slander harassment against sibling

DVRO expired last week against my TWIN sister, but thought a year off would quell hatred/slanderous behavior so allowed lapse. As soon as expired, she began phoning and emailing my current employer (new job) with statements of "employee has history or suing former employers to extort money... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 8, 2020

Attorney on hourly basis, not contingent fee. Recovery too speculative, unless sibling has net worth over $10,000,000.00. Insufficient facts to give other opinions.

Justia disclaimers below, incorporated herein.

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4 Answers | Asked in Personal Injury for California on
Q: I took a job"under the table" . I fell off a stool, broke my neck. Do I have any legal recourse? I am paralyzed.
William John Light
William John Light answered on Jul 6, 2020

You have a workers compensation claim. If your employer didn't maintain workers compensation insurance, you have a personal injury lawsuit. Contact a PI attorney to discuss in detail.

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1 Answer | Asked in Family Law, Personal Injury and Criminal Law for California on
Q: How do I legally register my fiancee as my emotional support person? Like a support animal but support person.

My fiancee was arrested for something receiving known stolen property but he didn't know it was stolen but because the cops found the stolen stuff in his house they are claiming he knew it was stolen. They're trying to give him 3 years but I legitimately can't go a day without him.... Read more »

William John Light
William John Light answered on Jul 4, 2020

There is no such thing as a legal registration for support animals. Someone on the internet will sell it to you, but it means nothing. There is also no such thing as a "support person." Even if there was such a thing, and your boyfriend qualified to be one, that would not be a defense... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for California on
Q: I need to know if I can fight an accident during an unsafe change lane from another driver.

a driver stop in front of me to change lanes, when I was turning right and non traffic conditions,

when ahead it was a sign, merge to the left , another sign ahead lane end merge to the left.

she stopped without signal in a continuous traffic. I was behind the big truck turning right .

Tyler Young
Tyler Young answered on Jun 30, 2020

You're asking a classic comparative fault question. Yes, you can make a claim for your damages if you feel the other driver was at fault. But a jury may have to decide the answer to that question. The insurer may take the position that because the other driver was in front of you that you... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue the birth control company Nexplanon for emotional distress?

It does not state anywhere in the warning that the birth control could lower my hormone levels greatly after removal. After testing, doctors were convinced that I was infertile and guaranteed me that the birth control could not lower my levels to a point that makes it seem infertile. They said it... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 21, 2020

A California attorney could best advise, but your post remains open for three weeks. I'm sorry for your ordeal. What you describe could be more a product liability case than a med mal case. A med mal cause of action would be based more on a breach of a medical duty of care, while a... Read more »

5 Answers | Asked in Personal Injury for California on
Q: In a Premise Liability Case, can a Homeowners Insurance Company be sued for more than the policy’s liability limit?

Slip & Fall Case. Plaintiff is the tenant. Defendant is the landlord. Landlord admits he knew about, & agreed to hire someone fix a broken drain ASAP but definitely prior to a planned bday party a few weeks later. He kept forgetting & the tenant slipped & fell on pooled water that... Read more »

William John Light
William John Light answered on Jun 16, 2020

If you make a policy limits settlement demand (with a time limit within which it must be accepted or be automatically revoked), and the insurer unreasonably refuses to pay, the insurer can be liable for the entire amount of the judgment. In some circumstances, if the insurer's refusal is in... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: What to do when the other driver wants to sue after an accident?

Hi, my boyfriend got into an accident while driving my car. He also has his own insurance. My boyfriend was determined at-fault and the other driver wants to file a lawsuit against both me and my boyfriend. Both my boyfriend and I have insurance of our own and we both pay premium. On top of asking... Read more »

Tyler Young
Tyler Young answered on Jun 17, 2020

You and your boyfriend have a contractual obligation with your auto insurance companies to notify them about the wreck. So you should report the claim. They should handle it from there.

If the other driver refuses the policy limits of insurance in a settlement, the insurance companies...
Read more »

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4 Answers | Asked in Personal Injury for California on
Q: Need to file a case against a hospital for an accident that took place on their premises due to lack of maintenance.

I was staying at a hospital post partum (delivery) and the bathroom shower knob fell on my foot. I have been experiencing foot pain for over two years and despite all my efforts to fix the pain ( massages, nerve tests, physical test) nothing has improved. The pain is interfering with my daily life... Read more »

William John Light
William John Light answered on Jun 14, 2020

Youi need to contact personal injury attorneys. Attorneys aren't supposed to reach out to you and offer to take your case.

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6 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: I sold a vehicle on Craigslist, was negligent, & now I owe an insurance company 20k in damages?

I sold the vehicle, I had them sign their name and everything necessary on the pink slip, as well as my signature to release it, but forgot to remove and take the release of liability. The person has caused damages worth 20k yet I am liable. I have records of the conversation leading up to the... Read more »

Tyler Young
Tyler Young answered on Jun 11, 2020

Although insurance follows a vehicle, the driver is typically the person who is "responsible" and will be the named defendant in any lawsuit. Said another way, unless there are independent allegations against you (like you sold a defective vehicle etc...) you shouldn't be a party to... Read more »

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2 Answers | Asked in Personal Injury for California on
Q: We all have a right to a fair trial, and due to that I have no attorney I feel like I'm getting pushed aside, need help

Dear Law firm

My name is Jesus, I have a lawsuit going on right now, case number.

I had 4 lawyer sent may 6 2016, I going to be honest with you the 1st lawyer was a jerk with me he had the case for about 3months, I was my choice to leave him, the 2nd one there was a language... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Jun 11, 2020

Is sounds like you have a court case already filed as you referenced having Depositions scheduled. There are fundamentally two issues right now:

(1) is your lawsuit still active? Has it been dismissed, or is a trial still on the schedule? If so, then you need to speak with a personal...
Read more »

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4 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: If I become handicapped from my job and I habe a spinal cord injury and I'm in pain everyday and can never work again.

Is there anything I can do to sue for mental distress . my Employer took advantage of me and worked me to the core because I am Mexican. It doesnt sound right to just get a 132a case. I will never be the same. They purposely broke me down.

Neil Pedersen
Neil Pedersen answered on Jun 4, 2020

It is difficult to give you a helpful answer without knowing much more. There is a very bright line drawn that says any workplace injuries you suffer, even emotional distress, that is caused in the workplace must be handled within the workers compensation system. There are very limited exceptions... Read more »

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1 Answer | Asked in Insurance Bad Faith, Land Use & Zoning, Personal Injury and Real Estate Law for California on
Q: Who is liable for a brick wall between city and personal property.

I have kids jumping a brick wall all the time and falling on my yard. The wall runs across my property line from front yard to back yard. The other side is a tree shrub area, sidewalk and street. I want to know if I hold any liability if one of these kids get hurt? Also can I put signs up that face... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 30, 2020

MORE INFO NEEDED.

YOU ARE POSTING ON A PI OR DUI SITE.

YOU NEED TO CONTACT A REAL ESTATE LAWYER.

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for California on
Q: I have a question there was an interval toon with me and my dad gf, my dad was in between us, in the process she grab

I have a question there was an altercation between me and my dad gf, my dad was in between us, in the process she grab, My neck with both her hands, and in self defense I push her, my dad continue to hold her and fell down and broke her pinky finger, it’s been about two months, and she’s been... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 27, 2020

much more info needed.

you probably should not be discussing this on an open forum.

you need to make an appt with a lawyer if you can afford one.

in that regard, I would encourage you to write out a detailed summary of the facts so that the lawyer does not have to play...
Read more »

3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was in an auto accident in April 2019. My case is still ongoing, how long typically do cases like this last?

My accident was in April 2019. They found the other driver at fault she ran a red light. I was injured. They settled for an amount but the attorney never reached out and I always have to call or email. If they already settled for the amount and my medical they said picked up alot of the bills back... Read more »

Robert Steven Walch
Robert Steven Walch answered on May 21, 2020

Every case is different, so there is no set amount of time that every case takes from the time of settlement to disbursement of funds. If you have Medi-Cal, the attorney needs to find out how much Medi-Cal paid to your medical providers and needs to get a final letter from Medi-Cal saying what... Read more »

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3 Answers | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for California on
Q: does an insurance company have to defend the boat owner even though he is not listed as an insured on the policy?

The boat owner gave it to his son, who ended up getting insurance for the boat. The title for the boat was never changed.

William John Light
William John Light answered on May 19, 2020

Potentially, since the title never changed. An attorney will need to review the policy and do a coverage analysis.

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