California Personal Injury Questions & Answers
Q: my 8 year old daughter was hit by a car in our gated commuity , can there we a lawsuit on the manger of the complex
at 7:24pm my daughter was on her way home from two doors down and a car came from behind her and hit her till she fell on the floor and then ran her leg over and did not stop . The manger is not helpful and makes us sign a paper saying no one is allowed to have vistors unless the fill out a... Read more »
You can sue the manager of the apartment complex and the owner if it knew or had reason to know of a danger to residents from some condition on the property that made it dangerous for pedestrians. If there was a history of other pedestrians being hit by vehicles that would be useful.... Read more »
Q: What qualifies as a “dependent adult” in California?
Would a person on social security disability who has been diagnosed as permanently totally disabled due to mental illness (bipolar) and required to have a representative payee to manage their benefit payments on their behalf be considered a dependent adult?
This is regarding a wrongdoing... Read more »
Every case is unique and more information is needed to properly answer your query intelligently. In addition, you should NOT be discussing your case on an open forum like this.
It is always a good idea to contact a local attorney that handles these types of cases in the court where you... Read more »
Q: Can a person cc'd in email be responsible for the contents?
Incomplete hypothetical. Depends on what was written, who wrote it, why it was written, at whose request it was written, and perhaps many other factors. There is no substitute for a detailed evaluation of the facts.
Q: what forms do i need to file federal lawsuit 1943
pool liability, damages lost wages and pain and suffering is the basis of my lawsuit. My children got sick and developed a contagious infection after notifying them that my children got sick they evicted us off the property
There is no "federal lawsuit 1943", nor does any known federal lawsuit seem applicable. What you describe seems to be an ordinary personal injury-premises liability lawsuit. Separate causes of action for breach of Civil Procedure Section 1941.1 and Health and Safety Code sections 17920.3 and... Read more »
Q: I had a check returned and the small business is threatening to put my wife's and my picture on the wall. can i Sue?
i have txt message saying if you dont pay i will put pictures on wall of you.
can i sue for defamation why is he posting my wifes picture and also mine.
Sue for what? Slander?
Truth is an absolute defense
Q: What should I do, I hit a bike with my car and dislocated my knee cap and they are threatening to sue?
I didn't see the car coming and did a California stop at a 4 way and hit the ladies right side of her car. We filed a police incident and I went to the doctors (haven't seen the bill yet but I'm sure it's a lot) where i got crutches. I couldn't walk for a month. She got her car fixed and it was... Read more »
Notify your homeowners/renters insurance, or your parents homeowners/renters insurance. If you don't have that, and don't have money to pay the damages that you caused, then there isn't much of a dispute. You will get sued and, presumably, have a judgment entered against you. You still won't... Read more »
Q: Can I sue a prescription drug company for an unlisted side effect that caused my face to greatly waste away?
I was on Prednisone for 2 weeks and it was so toxic that it killed my interior facial tissue, leaving my eyes severly sunken in and my skin is saggy and full from losing so much skin elasticity. I look so freakish that it has killed my social and dating life. I also can't work because I now have... Read more »
YOU CAN SUE ANYONE FOR ANYTHING..........THE QUESTION YOU WANT TO ASK IS WILL YOU RECOVER AND WILL A LAWYER TAKE THE CASE ON A CONTINGENCY.
WE ALL KNOW OF THE TERRIBLE SIDE AFFECT OF PREDNISONE.........YOU HAD ONE I HAD NOT HEARD OF YET.
YOU WILL HAVE THE BURDEN OF PROOF OF HIRING... Read more »
Q: What type of lawyer would I need in my situation?
I'm in a situation where I'm on probation. I was injured while incarcerated, sued the sheriff's department and won a settlement. The check was handed over to probation during my release and they are keeping it in a safe deposit box. I thought that was strange. I obtained my own lawyer who helped me... Read more »
Contact youf lawyer. Have him stop it. It is stale anyway. Have him isssue you a new check
Q: Can I file a claim with the state?
I was in an accident. A disabled car was in the fast lane with no lights, no hazards, or flares and I hit the car going 65mph. The disabled car was in an accident earlier that day and was reported to highway patrol but was never towed out of the fast lane. My question is, who is responsible?
The state is not responsible. The owner of the car and the driver are responsible. Potentially the person who performed maintenance on the vehicle is that is the reason it was disabled. If none of that proves fruitful, I hope you carried UM insurance. Contact a PI attorney to discuss your... Read more »
Q: Can I sue worker compensation for the two years of lost pay, they had me wait before agreeing to pay for the care needed
Long story short at work I ended up with carpal tunnel in both wrists. Got to the point where I was waking up at night in tears do to the pain. I at first tried to use my own personal doctor but my work did like the way it looked with braces on both arms and required me to go through Workman... Read more »
A workers compensation attorney.
Q: Bad cut from cabinet nob
I have lived here 2 years went to open kitchen cabinet and nob broke and sliced my pointer finger and my thumb to led to me at er were i had to get xrays to see if bone was ok because it was filleted so bad then i ended up with 14 stitches all together with numbness now in my 2 fingers and down... Read more »
Your landlord can be liable if it knew or had reason to know of a dangerous condition of the property. If the knob broke without warning, your landlord isn't liable.
The manufacturer and seller of the knob can be liable, but that will probably be very difficult to determine, unless there... Read more »
Q: Okay so I have lived here for over two years now
When we first moved in the cabinet Knob Broke off and cut my boyfriend's fingers and it wasn't too bad so we never really paid too much attention to it well recently I had opened the cabinet and it has sliced my fingers two of them all the way to the Bone I have 14 stitches in my hand which is... Read more »
If you have been using a cabinet for two years with a broken knob that just recently caused an injury, the fault is entirely yours.
Q: Well, after those answers, I have to ask a very personal question that may be out of bounds for this venue; Would you
consider a "limited scope representation" retainer for my lawsuit against the Sutter Creek Police Department for Police Misconduct resulting in my motorcycle being totaled and my hand fractured with a hole in my kneecap?
What do you want an attorney to do? You need to file a Tort Claim form within 6 months of the incident for state law claims, before a lawsuit is filed. If your case is based on an auto motorcycle collision, you won't usually have a problem finding an attorney. If your case is based on excessive... Read more »
Q: Thank you for the answer to my question, but what would an intentional tort be?
If tort is a civil wrong, what is an intentional tort?
Torts are categorized by different mental states. Primarily they are either intentional, such as an assault or a battery, or they can be premised on negligence (a reasonable person standard).
An intentional tort as opposed to a tort that is based on negligence is a tort that requires a... Read more »
Q: intentional tort: meaning?
complaint form PLD-PI-001 page 3of 3 item 10. causes of action, C. Intentional Tort?
a Tort is a civil wrong.........usually Negligence.
an auto accident or slip and fall is the most common example
Q: Are disclaimers on the back of tickets to events a form as fraud?
Its states ticket holder assumes all risks and agrees not to hold organization liable for injury. Seems to be a deceitful practice withintent to deprive another of his right. Since they can not release themself from negligence as I understand.
Fraud consists of some deceitful practice or... Read more »
You raise an interesting point, but as a general matter, courts look for certain elements in determining whether fraud arose. These usually include some form of false misrepresentations about something intentionally made by the wrongdoer, knowing that the other party will rely upon them to their... Read more »
Q: Can I sue the man who my mom had an affair with?
Can I sue the man who my mom had an affair with?
My mom started seeing a married man when I was 9 years old and continued to see him until I was 22 years old mind you he is a very wealthy man who provided everything for our family food rent vehicles he was the sole provider when they split... Read more »
More info needed.
one can always sue anyone at anytime for anything. The issue is whether you will win.
i think a jury would have a hard time having sympathy for you. Many jurors would probably say you should be thankful that he supported your family for so many years. They would... Read more »
Q: Can my Mom sue the city of San Francisco for injury caused by a haphazardly placed sign post by the city?
While waiting for the MUNI bus, my 72 yr old mom tripped over a temporary bus sign post which was clearly a tripping hazard (we have pictures). The bus driver helped my mom up. My poor Mom’s elbow was bleeding and she also injured her knee.
Yes, if her injuries required medical attention. You don't specify her injuries, which is fine, but something more than a scraped elbow and bruised knee would be required to justify a lawsuit. She has 6 months to file a Tort Claim with the City, or Transit District, before filing a lawsuit. She... Read more »
Q: I have an accident coming out of the house into a garage the dog shot out in Tripoli I blew my knee out I was due to go
I have app MRI on Aug 212019
The dog shout out in Tripoli? Which is in Libya? There must be a typo. Can you re-phrase your question?
Q: to file a dental malpractice suit...the defendant must have a licence to practice dentistry to qualify as malpractice?
a man never licenced in dentistry ran a office, advertised cheap oral surgery, emergency oral care. i paid this man to fix a failing tooth and he says u will look like a movie star he ends up pulling most of my back teeth ground down frontal and glued huge fake teeth over the stubs....he kept... Read more »
more info needed.
are you just looking to be compensated? if so be sure to ask the DA to make restitution a part of the sentence.
you can probably still sue for negligence, battery, intentional infliction of emotional distress etc
is it within 3 years of the incident.????
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.
