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California Personal Injury Questions & Answers
1 Answer | Asked in Libel & Slander and Personal Injury for California on
Q: How to hire a lawyer for hourly advice on personal injury case?

I'm currently a Plaintiff in a Personal Injury suit that's been on the judge's trial calendar for almost 3 years. I initially hired a lawyer, however, since motions halted pending decisions from the Judge (Summary judgement, and Motion for Bifurcation from Defendant), I'm... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Dec 7, 2021

Getting rid of your contingency lawyer didn't "mitigate" your costs. It, in essence, will dramatically increase your costs if you now hire a lawyer on an hourly basis. I think it's very risky for you to be pro per with some of the things that you claim have gone on in your case.... Read more »

1 Answer | Asked in Personal Injury for California on
Q: Brakes on my sons stroller do not work. Need to see if I have a case or not.

My two month old fell out of his stroller because the brakes on the stroller do not work. It is a brand new stroller. He received several cuts and bruises to his face with swelling on his head. He was rushed to the ER. We were lucky because it rolled into the street due to the fact that the brake... Read more »

William John Light
William John Light answered on Dec 4, 2021

If his injuries are serious, then yes, he has a case. If it is only cuts and bruises, then no. Regardless, you can make a complaint to the manufacturer, and to the Consumer Protection Agency. That won't get you any money (the manufacturer might offer to pay ER expenses), but it might lead... Read more »

1 Answer | Asked in Contracts, Personal Injury, Animal / Dog Law and Juvenile Law for California on
Q: What liability or waiver do I need in my in-client's-home petsitting contract if my toddler will be with me?

I have been pet sitting for over 15yrs and have a current contract I have been using but now I'm a single mom to a 2yr old who will be with me during pet stays at client's home. I always meet the dog and owner before pet care is provided and bring my kid with me to make sure dog is none... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 3, 2021

Make an appt to meet with lawyer to provide more info.

No lawyer should give an answer without more more info and like you have liability.

1 Answer | Asked in Personal Injury for California on
Q: Hi, question on nuisance law. how much is neighbor entitled in terms of damage cause by tree root from one's property?

how much does a homeowner owe in terms of monetary damages if one's tree root growing underneath cause crack in neighbor's walkway pavement ?

Theodore Allan Greene
Theodore Allan Greene answered on Nov 29, 2021

You should get an estimate of the cost to repair and ask your neighbor to pay for it - and also ask them to do something to prevent a re-occurrence. If they tell you to get lost then you should contact an attorney to discuss your options. Remember you can get up to $10,000 in Small Claims Court.

2 Answers | Asked in Bankruptcy, Contracts, Personal Injury and Gov & Administrative Law for California on
Q: Default entered in Turner's favor

Enter default on pacer

Timothy Denison
Timothy Denison answered on Nov 28, 2021

What is your question?

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2 Answers | Asked in Animal / Dog Law, Car Accidents and Personal Injury for California on
Q: I ran over and killed a dog by accident, the dog was on the street no leash. Why are they suing me, can they win?

They also wanna sue because as the dog was dying in his hands the dog was biting him and got injuries from the dog

Theodore Allan Greene
Theodore Allan Greene answered on Nov 20, 2021

This doesn't sound right. I have more questions - like how much money are they asking for? Is it small claims court? You should contact an attorney and have a consultation with all the paperwork so a mort in depth analysis can happen.

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1 Answer | Asked in Car Accidents, Libel & Slander and Personal Injury for California on
Q: Only when I got into an accident my car’s SRS light turned on. Would I be able to sue car company?

Impact was so bad that I am bruised from my seatbelt, and I do not bruise easily. Shouldn’t the SRS light be on prior the accident? Since the light turned on doesn’t that mean my airbag should’ve deployed? I called company and looked up online and there are no open recalls on my vehicle.

Dale S. Gribow
Dale S. Gribow answered on Nov 19, 2021

if you can prove breach of contract or negligence, the amount is probably way to small to sue a large corporation.............and what did they do wrong? How did the accident happen.

they would choose to spend the money to fight it.

1 Answer | Asked in Personal Injury and Civil Rights for California on
Q: I am 80 years old, deaf and have low vision. I was denied access to Placer County Superior Court accommodation

I have filed with the lawyers who should have done this, was ignored. I filed with the Placer County Superior Court's ADA coordinator, denied, the ADA Administrator, the presiding Commissioner and his boss the head judge, denied, the USDJ, OCR, denied, and I appealed the USDJ ruling, was... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 19, 2021

i assume much more info is needed.

it sounds like there is something that may be missing, that you don't realize is missing.

were you there just to observe or were you involved with a case?

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for California on
Q: Attorney Misconduct? Or Discrimination? Maybe intimidation? Is there anything I can do?

I don't have an attorney, but the opposing party does. He came up to me and made fun of my disability by calling me Ray Charles. Along with this he was speaking to my witness directly and he also told her that because I'm blind Im a liar and cannot testify my story. He also started... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 19, 2021

More info is needed.

You said the attorney opposing you.

Does that mean you had an attorney?

If so ask him/her for advice as they know the facts the best.

Once thing you can do is contact the State Bar of California.

2 Answers | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Q: Do I have do I have any recourse against a hospital that made , big mistakes that left husband incapacitated.

On April 4th last year my husband went to e.r. to have his foot looked at that have turned bright red and purple in color he's up in the hallway all night long without being looked at they finally were going to release him that morning and he said his foot was hurting they gave him a pain... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 18, 2021

MAYBE..................

HOWEVER, YOU MUST HAVE EVIDENCE OF THE NEGLIGENCE AND A CONNECTION TO HIS MEDICAL CONDITIONS.

MAKE AN APPOINTMENT WITH A LOCAL PI/MED MAL LAWYER ASAP.

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2 Answers | Asked in Personal Injury for California on
Q: How many demurrers can the Defense file? Is there a limit?

PI case in CA.

Theodore Allan Greene
Theodore Allan Greene answered on Nov 18, 2021

If they file a Demurrer frivolously the Judge won't grant it. If the Judge grants it then the Plaintiff usually can amend the complaint and if they change some things then technically the Defendant can Demurrer to the changes. Almost impossible to answer your question directly because all... Read more »

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1 Answer | Asked in Personal Injury for California on
Q: How long does it usually take for Defendant to preoare and send the Release form? What can the Plaintiff do to expedite?

PI case in CA. Lawsuit pending. Defendant agreed to settle, but has not sent the release form. How long is considered too long?

Tim Akpinar
Tim Akpinar answered on Nov 15, 2021

A California attorney could advise best, but your question remains open for two weeks. If it's an ordinary motor vehicle accident case without any unusual issues, it could simply be a matter of the carrier sending over their standard release. If it's a more complex case (such as those... Read more »

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Civil Rights for California on
Q: My ex made disgusting lies about me in court documents. Not only did he tell egregious lies about me he lied about never

Hitting me. I have police reports that show otherwise. He lied to obtain a restraining order so I can't contact my daughters. It's bad. Can someone please get back to me.

Dale S. Gribow
Dale S. Gribow answered on Nov 15, 2021

you are posting a family law question on a criminal site.

repost on the family law site.

didn't you have a lawyer?

more info is necessary to understand why the judge ruled the way s/he did.

1 Answer | Asked in Personal Injury and Car Accidents for California on
Q: Can I hire a lawyer to serve as my POA to advocate on my behalf on a case currently being handled by a different lawyer?

I was involved in a car accident (struck as a pedestrian) 7 months ago in New Jersey. I hired a lawyer to take on my case. I recently moved to California, and more recently suffered the death of a parent. My attorney wants me to fly back to N.J. to see another doctor. I'm unable to. I've... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

You can replace the NJ attorney at any time, but there will be consequences, such as having to pay him from the recovery for the work he has done to date. BUT you better have another NJ attorney ready to take over the case. I do not see any reason that you cannot see a physician where you... Read more »

2 Answers | Asked in Personal Injury for California on
Q: When do I let the landlord know that I broke my ankle on the rental property and that I am awaiting surgery?

Accident caused by a flight of stairs. The bottom step is substantially lower than the other 15 steps which caused me to trip and land on my ankle. Tripped a few times over the past 2 years but this time i broke my ankle.

Haleh Shekarchian
Haleh Shekarchian answered on Nov 1, 2021

You should report it to the landlord right away. Did you tell the paramedics/ emergency room doctors or nurses that the stairs caused your fall? You should contact anyone of us on Justia for a free consultation.

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1 Answer | Asked in Criminal Law, Divorce, Personal Injury and Domestic Violence for California on
Q: It can get removed from prison records?

I have some cases from the courts and etc. because I really need help. and I need a deaf lawyer.

Dale S. Gribow
Dale S. Gribow answered on Oct 29, 2021

IF YOU CAN'T AFFORD A LAWYER, REQUEST ONE AT THE ARRAIGNMENT......AND ASK THE JUDGE FOR ONE WHO SIGNS??? OR AN ASSISTANT WHO DOES SO.

3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Staffing Agency 1099 Employee Injured While On Assignment at School District

I was injured in a wildfire while on assignment, due to the negligence of an employee. I filed a claim within 1 year with both my Agency's Supplemental Insurance, and the assigned Employer. I was rejected by the Agency's Insurance because it was purportedly not a Policy,but a Plan, The... Read more »

Brad S Kane
Brad S Kane answered on Oct 28, 2021

While it is true that personal injury claims generally have a 2 year statute of limitations. Unfortunately, to bring tort claims against the government or its subdivisions, you are also required to give notice of your client within 6 months. Otherwise, you claim is time barred.

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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: I was denied a colonoscopy by my doctor in March now I have Stage 3 metastatic colon cancer. Do I have a valid case?

I reported fatigue and constipation to my doctor a couple of months before I found blood in my stool and requested the colonoscopy in March. I found blood in my stool in March and have the symptoms and she denied my request for colonoscopy because she said I was healthy and I do not have family... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 21, 2021

How old are you? Where are you? I notice you are posting from Chicago to attorneys in California. Your age is relevant to the issue of whether your doctor should have considered referring you for a colonoscopy

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2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for California on
Q: I had both my arms broken by the Sheriffs department
Dale S. Gribow
Dale S. Gribow answered on Oct 21, 2021

much more info is needed.

what did you do and what did they do?

were they trying to arrest you and you were resisting?

i personally do not take cases against governmental entities but some lawyers do.

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1 Answer | Asked in Family Law, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: is a reply in opposition to a demurrer on ok caption to oppose a motion to dismiss a first or second amended complaint

does it have to be capital letterS does he have to specify if it is in opposition to first or second emended complaint in the headline caption

Kenneth Sisco
Kenneth Sisco answered on Oct 20, 2021

I assume you are the Plaintiff, representing yourself. The title of your filing will be "Memorandum of Points and Authorities in Opposition to Demurrer." It is not required, but the Demurring Party may file a "Reply to Opposition," five Court days before the hearing. Good luck.

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