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California Personal Injury Questions & Answers
Q: Seeking compensation after car accident; driver at fault, total loss of vehicle and injuries.

I was involved in an auto accident on April 23, 2025, where another driver, who was on the job, swerved into my lane causing me to veer into his lane to avoid a head-on collision. He then swerved back and hit the gravel, fish-tailing and colliding with the driver's side of my car, totaling my... View More

Emery Brett Ledger
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answered on May 16, 2025

Thank you for sharing the details of the incident. We understand how stressful and overwhelming a situation like this can be, especially when it involves injuries to both yourself and your family members.

Based on the information you've provided, your inquiry involves complex legal and...
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3 Answers | Asked in Car Accidents, Contracts, Insurance Defense and Personal Injury for California on
Q: Am I responsible for car accident damages if insurance lapsed without my knowledge?

I was driving a vehicle that was gifted to me, but it is in my ex’s name. I recently got into a fender bender and found out that the insurance coverage for the car was removed a year ago without my knowledge. The car was purchased for me in February 2023, and my ex had been paying for the... View More

William John Light
William John Light
answered on May 16, 2025

If it’s in your ex’s name, it might be his car. However, you were driving. You had an accident. It’s your responsibility. It’s also your ex’s responsibility as the apparent vehicle owner who let you drive the car with his permission.

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3 Answers | Asked in Medical Malpractice, Personal Injury, Nursing Home Abuse and Public Benefits for California on
Q: Can I pursue legal action against the hospital for my mother's Methadone overdose and related negligence issues?

I'm considering legal actions against a hospital after my mother, who has been frequently admitted for kidney and liver failure and is undergoing Methadone treatment for opioid addiction recovery, overdosed on Methadone while hospitalized. The hospital documented the overdose as an... View More

William John Light
William John Light
answered on May 13, 2025

If the hospital erred in administering the proper dosage of methadone, that could support a malpractice claim. The value of that claim, if successful, depends on the harm sustained. The harm is not described, so no once can offer any suggestions on whether this is a claim worth pursuing. Your... View More

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3 Answers | Asked in Education Law, Personal Injury, Civil Rights and Criminal Law for California on
Q: What legal options exist when a child is injured at school and receives inadequate response from authorities?

My 7th grade child was injured by a razor blade at school, brought by another student who was only suspended for a couple of days. Upon returning, the student continued to sit next to my child and made threatening remarks. When my child reported the threats to the vice principal, she was advised to... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on May 13, 2025

Per Education Code section 48915, a student that possess a dangerous object must be recommended for expulsion unless the school/district determines another means of correction is appropriate. The district holds the power to determine discipline and seems to have rejected exclusion at this time,... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Seeking legal consultation for possible medical malpractice postpartum care negligence in Modesto, CA.

I experienced a serious case of medical negligence at Memorial Medical Center in Modesto, CA, on January 23, 2025. I was 18 days postpartum and presented with symptoms indicating a secondary postpartum hemorrhage, including heavy bleeding and passing large blood clots. Despite the urgency, I waited... View More

Joel Gary Selik
Joel Gary Selik
answered on May 12, 2025

One issue that makes medical malpractice difficult to pursue, even where, as in your situation, it appears the doctors breached the standard of care (professional negligence), is the time and expense of these type of cases combined with the laws that protect doctors and their insurance companies.... View More

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2 Answers | Asked in Libel & Slander, Civil Rights, Civil Litigation and Personal Injury for California on
Q: What legal action can I take against a bank manager for false robbery accusations and harassment?

I am the conservator for my grandfather, and his sister stole over $400,000 from him. I also have a restraining order against her. Recently, I saw her taking my grandfather into a bank. I followed them in, and the bank manager began yelling at me, falsely accusing me of being there to rob the bank,... View More

Louis George Fazzi
Louis George Fazzi
answered on May 11, 2025

I would like to hear the whole story, including all the details. From what you've indicated, you may have a good case against the bank, the manager, and others who may have been involved in the incident you described.

You will need a good lawyer and a law firm to help you with this. I...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Seeking advice on potential medical malpractice after forced C-section and cervical cut.

A week ago, I was forced to have a C-section because my doctors said my baby was breech, and I had no choice but to undergo the surgery. I was upset and expressed my desire to explore alternative options, but they insisted on the C-section. Despite signing a consent form, I was not informed of any... View More

Joel Gary Selik
Joel Gary Selik
answered on May 11, 2025

You have two potential grounds for a malpractice lawsuit.

First, cutting the cervix might be a breach of the standard of care. This needs to be confirmed by a medical expert.

Second, the failure to obtain informed consent can be a basis. An expert would need to analyze the...
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3 Answers | Asked in Employment Law, Civil Litigation, Contracts and Personal Injury for California on
Q: Can a California employee be personally sued for a guest's injury?

I am an employee at a waxing establishment in California. A guest experienced a skin tear during a procedure I performed while following company procedures, and she is now suing both the company and me. Although I am a paid employee, I have received a contract from the company's lawyer to sign... View More

Brad S Kane
Brad S Kane
answered on May 10, 2025

Anyone can be sued for anything.

You are sued for activities performed within the course and scope of your job and the injury was not intentional, the employer has a legal obligation to indemnify you for reasonable and necessary expenses, including the costs of defending the claim or paying...
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3 Answers | Asked in Employment Law, Civil Litigation, Contracts and Personal Injury for California on
Q: Can a California employee be personally sued for a guest's injury?

I am an employee at a waxing establishment in California. A guest experienced a skin tear during a procedure I performed while following company procedures, and she is now suing both the company and me. Although I am a paid employee, I have received a contract from the company's lawyer to sign... View More

William John Light
William John Light
answered on May 10, 2025

Yes it’s legal. Your employer has a duty to indemnify you for expenses you incur in the course and scope of employment. If you refuse the employer’s offer of a defense, it can argue that any expenses you incur were voluntary and it doesn’t have an obligation to indemnify you.

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2 Answers | Asked in Workers' Compensation and Personal Injury for California on
Q: Considering workers' compensation for mental health overload as a Learning Trainer in California. No action taken by employer after reporting.

I am a Learning Trainer responsible for onboarding new hires and overseeing teachers, among other duties. The overwhelming workload has led to severe emotional and mental exhaustion over approximately 1 year and 2 months, with the most intense impact recently. I reported my concerns up the chain of... View More

Dennis Dascanio
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answered on May 8, 2025

Dear Injured Worker,

Based on the information provided, it appears that your mental stress may be work-related and, given that you have been employed with your current employer for at least six months, you may be eligible for Workers’ Compensation benefits. It is important that you retain...
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3 Answers | Asked in Workers' Compensation, Estate Planning and Personal Injury for California on
Q: What happens to my open Workmen’s Comp case and compensation if I pass away, and can my son be a substitute claimant or beneficiary in California?

I have a Workmen’s Comp case that has been open for 14 years after getting injured at work. My previous attorneys are no longer available, and currently, there's no interest from the claims adjuster at The Hartford in settling my medical case, despite my spine and nerve damage. Given that I... View More

Ryan D. Kayrell
Ryan D. Kayrell
answered on May 6, 2025

Hi there, in the event that you pass with an active workers' comp claim, the claims adjuster should pay to your estate the permanent disability benefits which have accrued and are unpaid. I understand that Hartford is unwilling to settle your medical, but you have other options to obtain a... View More

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3 Answers | Asked in Workers' Compensation, Estate Planning and Personal Injury for California on
Q: What happens to my open Workmen’s Comp case and compensation if I pass away, and can my son be a substitute claimant or beneficiary in California?

I have a Workmen’s Comp case that has been open for 14 years after getting injured at work. My previous attorneys are no longer available, and currently, there's no interest from the claims adjuster at The Hartford in settling my medical case, despite my spine and nerve damage. Given that I... View More

Dennis Dascanio
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answered on May 6, 2025

Dear injured worker,

Your son can be a beneficiary of your workers compensation benefits that have accumulated and have not yet been paid out at your death. Typically this applies to permanent disability that has not yet been paid out. Future medical care is not an accumulated benefit and...
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3 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Is there a case for medical malpractice due to medication prescribed despite liver disease warning?

My wife passed away on December 7, 2024, due to liver disease. After visiting urgent care, she was prescribed oral prednisone and Tylenol, despite informing the doctor of her liver condition. She began experiencing severe fluid retention almost immediately, requiring multiple hospital visits for... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on May 6, 2025

It certainly appears that you may have a valid medical malpractice case, which will be dependent on whether the provider's actions at urgent care fell below the standard of care for such medical providers. You only have a limited time to file a lawsuit for malpractice, so it is important to... View More

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3 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Is there a case for medical malpractice due to medication prescribed despite liver disease warning?

My wife passed away on December 7, 2024, due to liver disease. After visiting urgent care, she was prescribed oral prednisone and Tylenol, despite informing the doctor of her liver condition. She began experiencing severe fluid retention almost immediately, requiring multiple hospital visits for... View More

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

You may have a case for malpractice and wrongful death.

The prescribing of medication in combination where is it contraindicated may be malpractice. What would be needed is a medical doctor expert to testify that prescribing those medications in combination, in this situation, was both...
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3 Answers | Asked in Divorce, Workers' Compensation, Family Law and Personal Injury for California on
Q: Can my wife claim half of my workers' compensation settlement during divorce in California?

I'm currently going through a divorce in California, which follows community property laws. My injury occurred while we were still together, but the workers' compensation settlement for my injuries and future medical needs was finalized after we separated. Can my wife legally claim half... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 6, 2025

In California (where this post was seen) workers' compensation benefits are generally considered community property to the extent they compensate for lost wages or income during the marriage. However, if a portion of the settlement is intended for future income loss, disability, or medical... View More

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3 Answers | Asked in Divorce, Workers' Compensation, Family Law and Personal Injury for California on
Q: Can my wife claim half of my workers' compensation settlement during divorce in California?

I'm currently going through a divorce in California, which follows community property laws. My injury occurred while we were still together, but the workers' compensation settlement for my injuries and future medical needs was finalized after we separated. Can my wife legally claim half... View More

Dennis Dascanio
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answered on May 6, 2025

Dear injured worker,

I am sorry to hear about your personal situation. The good news is that as a general rule workers compensation benefits are your separate property and not subject to community property distribution in a divorce. I recommend you confirm this with your divorce attorney or...
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3 Answers | Asked in Employment Law, Health Care Law and Personal Injury for California on
Q: Is it legal for caregivers to have 48-hour shifts in California for home nursing care?

I arranged for caregivers through a home nursing service to provide 24/7 care for my uncle, who lives alone in California and has a severe chronic illness. The caregivers stay in his home for 48-hour shifts, during which they sleep some hours even though they are responsible for feeding him (via a... View More

Brad S Kane
Brad S Kane
answered on May 5, 2025

In addition to Wage Order 5, you need to look at the Domestic Worker's Bill of Rights, which provides for overtime after working 10 hours in a day. Failure to pay overtime would lead to paystub penalties and waiting time penalties that would be rather large, if the employees separate without... View More

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Q: How can we sue LA County for negligence in the Eaton fire response?

I lost my home in the Eaton fire in Altadena, CA. My family and I received no evacuation warnings, and there was no firefighting assistance or water during the incident. My daughters are traumatized by the experience, and we learned that a neighbor died without any warning. Many residents in west... View More

Haleh Shekarchian
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Haleh Shekarchian
answered on May 4, 2025

You have six months time limit from the date of the incident in which to file a claim against the government entity. However, the case against Edison is a much stronger case. Edison has admitted fault and a mass tort action ( NOT a class action) is being pursued against Edison. You recover much... View More

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3 Answers | Asked in Workers' Compensation and Personal Injury for California on
Q: Can I file for workers' compensation after missing the deadline due to incarceration?

I'm seeking guidance on whether I can still apply for workers' compensation benefits after being released from prison. I missed the one-year deadline to file my application because I was incarcerated and subsequently denied. Is there any way to reopen my case or file for benefits despite... View More

Dennis Dascanio
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answered on May 3, 2025

Dear injured worker,

I am sorry to hear about your predicament. As a general rule incarceration is not a toll to the one year statue limitations for filing of a Workers' Compensation claim in California. There are rare exceptions such as mental or physical incapacity. If you believe...
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5 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Is it malpractice if a surgery differed from my signed consent, resulting in a permanent condition?

I signed multiple times for a bilateral tubal ligation on form PM 330 and another general form. On the day of my surgery, three hours prior, I was asked to sign a consent form for a partial salpingectomy without being informed or explained about the change. The operation report states a bilateral... View More

Joel Gary Selik
Joel Gary Selik
answered on May 2, 2025

Yes this could warrant a malpractice case. While it is possible that a surgeon may be able to go beyond the consent if the need arises during surgery, this does not appear to be the case here. Further, there is a question as to the doctor's competence due to his health situation which may... View More

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