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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 
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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... View More
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
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.
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
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
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
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
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
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
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
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... View More
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
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... View More
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
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... View More
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
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.
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
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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... View More
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
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
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
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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... View More
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
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
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
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... View More
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
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
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
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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... View More
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
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
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
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
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
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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... View More
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
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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