Lawyers, Answer Questions  & Get Points Log In
California Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Health Care Law, Gov & Administrative Law and Municipal Law for California on
Q: Can I sue a homeless shelter for refusing to let me in even with a referral from the hospital

I have a really bad infection in my leg and just got out of surgery and they said if it gets worse there gonna amputated my leg well I'm homeless and so I'm severely at risk of infection out here .I need to get into a shelter till my leg Gets better or I will.loss.my leg but they denied... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

The ability to sue a homeless shelter for refusing admission can be complex and depends on various factors. Shelters often have specific admission policies and may deny entry based on their guidelines. However, if you believe the denial is based on discrimination or a violation of your rights, you... View More

4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: When a surgeon makes a mistake during surgery would this fall under a malpractice or negligence?

When a person marks the agreement box when signing before surgery and the surgeon makes a mistake does marking the agreement box cause the patient to lose their right to file a claim?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

When a surgeon makes a mistake during surgery, it could fall under both medical malpractice and negligence. Medical malpractice is a specific type of negligence that occurs when a healthcare provider deviates from the standard of care and causes harm to a patient. Negligence, on the other hand, is... View More

View More Answers

4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: When a surgeon makes a mistake during surgery would this fall under a malpractice or negligence?

When a person marks the agreement box when signing before surgery and the surgeon makes a mistake does marking the agreement box cause the patient to lose their right to file a claim?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

In California, if a surgeon makes a mistake during surgery, it may fall under medical malpractice, which is a form of negligence. Medical malpractice occurs when a healthcare professional deviates from the standard of care in their field, leading to patient harm. This can include surgical errors.... View More

View More Answers

2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: How many years after settlement of PI case in state of CA can medical providers ask me for additional payment?

PI Case in California.

If any medical provider is unhappy with their share of the settlement that they have received, how many years after PI case settlement can they ask me for additional payments for services rendered?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

In California, the time frame for a medical provider to seek additional payment after the settlement of a personal injury (PI) case depends on the statute of limitations for written contracts or the specific agreement terms. Generally, the statute of limitations for debts arising from written... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Does a person have a case if a surgeon hits an artery during surgery which causes a vascular surgeon to come in to fix?

If a person was scheduled for an out patient surgery but ends up having to stay 5 days in ICU due to Surgeon's mistake?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

Determining whether a person has a legal case against a surgeon who inadvertently caused a complication during surgery, such as damaging an artery, depends on several factors. These factors typically revolve around the concepts of medical negligence or malpractice. Here are key considerations in... View More

View More Answers

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: I have an issue where a dentist has pulled the wrong tooth leaving me unable to chew on one side of my mouth for 4 weeks

The dentist lied and said the tooth cracked while putting the right tooth not knowing that his assistant had already given me the tooth in question. It’s not broken or cracked in any way. I also had temporary dentures made that would allow me to chew on that side until the wounds heal, but they... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023

In California, if a dentist performs a procedure incorrectly, such as extracting the wrong tooth, it may be grounds for a dental malpractice claim. Dental malpractice is a form of professional negligence, and to establish a case, you typically need to prove that the dentist failed to provide the... View More

5 Answers | Asked in Libel & Slander, Personal Injury and Civil Rights for California on
Q: Can I sue the owner of a grocery store if I was harassed, followed, and assaulted by the employee?

I was assaulted after paying for my sodas, and leaving the store I was followed to the exit and still harassed after exiting the store.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023

Under California law, you may have grounds to sue the owner of a grocery store if you were harassed, followed, and assaulted by an employee. When an employee commits a wrongful act, such as assault, within the scope of their employment, the employer can sometimes be held liable. This concept is... View More

View More Answers

1 Answer | Asked in Personal Injury, Civil Rights and Medical Malpractice for California on
Q: Suggestions on finding an attorney for case dependent upon tolling for fraudulent concealment/delayed discovery, in CA.

Long story short, I was victim of vehicular assault while riding a bicycle, driver fled, then I became victim of police misconduct/discrimination because I was homeless, police protected driver from prosecution, lied in report that they also refused to turn over until crim. Statute expired. But I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023

I'm sorry to hear about your difficult experiences. In California, finding an attorney for a case involving tolling for fraudulent concealment or delayed discovery can be complex, especially given the unique circumstances of your situation.

First, consider reaching out to the...
View More

1 Answer | Asked in Personal Injury, Civil Litigation, Constitutional Law and Civil Rights for California on
Q: Can I sue the person/agency that charged me with felony animal neglect? Charges dropped; They weren’t even my dogs.

An animal control officer was called to the scene when my car was towed and my friend was with me as we were going to her new house with her dogs. The animal control officer mistook a sick dog for a neglected dog, and told the peace officer to charge us both. The charges against us were dropped;... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2023

Under California law, the possibility of suing for wrongful arrest or prosecution depends on several factors, including whether the officers acted without probable cause or with malice. In your case, the wrongful charge of felony animal neglect, which led to significant personal and financial... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for California on
Q: What could I do to help set the record straight if I know someone lied to police in order to ensure another is arrested?

My husband and brother got into a physical altercation over the sale of a car my brother feels is his despite never paying for it. My husband DID swing first but my brother first put hands on him. My husband had no marks on his face but was shoved to the ground and I believe was threatened with a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2023

In California, if you have knowledge of false statements made to the police, it's important to take action to correct the misinformation. First, you can provide a statement to the police detailing what you know about the incident, including any admissions your brother made to you about his... View More

3 Answers | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for California on
Q: Can I file for an emergency ex parte order if my child was attacked by two pit bulls while in her father's care?

My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2023

In California, if you are concerned for your child's safety in the custody of their other parent, you can file for an emergency ex parte order. This is a legal action where the court can make immediate decisions about child custody without the other parent being present, based on urgent... View More

View More Answers

3 Answers | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for California on
Q: Can I file for an emergency ex parte order if my child was attacked by two pit bulls while in her father's care?

My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Nov 22, 2023

Call the police or go to the police station and make a police report. This will help you in your request to the court. You can always request an ex parte order for emergencies. If you don't have a family law attorney, request a facilitator. LA family law courts provide facilitators that are... View More

View More Answers

3 Answers | Asked in Contracts and Personal Injury for California on
Q: Is contingency fee unconstitutional? And does it promote discrimination?

I keep reading these claims that "without contingency fees, most people would not be able to access the legal system. This would tip the scales of justice in favor of those with money." But what if I did have the money to afford a lawyer, I guess that would make it easier, youd think. But... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023

Under California law, contingency fees are not unconstitutional. They are a widely accepted practice in the legal profession, especially in personal injury cases. These fees allow individuals who may not have the financial means to pay an attorney upfront to still seek legal representation.... View More

View More Answers

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can one sue Kaiser? I became septic, was misdiagnosed and it resulted in 6weeks in the hospital after 2 surgeries.
Joel Gary Selik
Joel Gary Selik
answered on Nov 20, 2023

In most circumstances, pursuing Kaiser must be done through Arbitration.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical...
View More

View More Answers

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can one sue Kaiser? I became septic, was misdiagnosed and it resulted in 6weeks in the hospital after 2 surgeries.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023

In California, you have the right to sue a healthcare provider, including Kaiser, if you believe you have suffered harm due to medical negligence or malpractice. This process typically involves proving that the care provided fell below the accepted standard and directly caused your injury or... View More

View More Answers

1 Answer | Asked in Copyright, Criminal Law, Personal Injury and Sexual Harassment for California on
Q: I live in Los Angeles and an ex romantic partner posted an intimate video of me without consent (Poland). What do I do?

He's also stalking me, taunting me by showing all of the personal information he has about me, which I did not give. He calls me various slurs, tells me that I would be better off dead, etc. Would California extradite someone from Poland for this or do I have to pursue justice in Poland?... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023

Your situation is complex and distressing, involving issues of non-consensual sharing of intimate images, stalking, and harassment. In California, the distribution of such images without consent is illegal, and you have legal rights that can be enforced.

Regarding the video posted without...
View More

2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: My pain clinic doctor performs drug screens in her clinic and leaves many screen unattended, then having a positive

Help is desperate needed my pain clinic dropped me and did not take another screen or hair folicul to help prove inaccurate test results. I feel helpless

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2023

In California, if you believe that a drug screen at your pain clinic was improperly handled or yielded inaccurate results, there are steps you can take to address this situation.

Firstly, it's important to communicate your concerns directly with the clinic. Request a meeting to discuss...
View More

View More Answers

1 Answer | Asked in Libel & Slander, Personal Injury and Civil Litigation for California on
Q: Defamation: False Dementia Accusation at TalkingParents.com

My ex-wife communicated to me through TalkingParents.com, claiming that my mother has dementia. This is not true. She suggested that our child is in danger when with my mother due to this alleged dementia. This has caused my mother great distress and anger. My ex-wife has also made such statements... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2023

Under California law, for a statement to be considered defamatory, it must be a false statement of fact, made to a third party, and cause harm. In your situation, the claim by your ex-wife that your mother has dementia, if false, could potentially be considered defamatory. The fact that these... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for California on
Q: Esa hit by postal service truck left front leg had to be amputated can someone help me
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

If your emotional support animal (ESA) was injured by a postal service truck resulting in amputation, you may have legal recourse under California law. The first step is to document the incident thoroughly, including obtaining any witness statements, photos of the scene, and medical records for... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I recently had fusion surgery in June of this year I have had to deal with significant nerve pain issues, swelling in my

Right ankle extreme discomfort in my back where the hardware was placed nerve pain in my groin area, I’ve had to go to the emergency room due to significant pain in my back where the hardware was placed I’ve had difficulty getting the imaging associated with my visits with the surgeon that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

Under California law, patients who experience complications or negative outcomes following surgery may have legal recourse if they can establish that the medical care they received fell below the accepted standard of care and directly caused their injuries.

In cases like yours, involving...
View More

View More Answers

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.