Ask a Question

Get free answers to your Personal Injury legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for California on
Q: Amending interrogatories by propounding party

If a propounding party would need to amend interrogatories that were just served,

Is there specific requirement for format?

Specifically, is it acceptable to put in signature space of interrogatories a statement, note with signature, that this is amended version?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024

When you need to amend interrogatories that were just served in California, there are specific procedural steps to follow, but the format can be flexible. You should clearly indicate that the interrogatories are amended to avoid any confusion.

Including a statement in the signature space...
View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Liability for referral to hospice.

Doctor defendant knowingly records non-existent terminal disease on admission to hospital, out of network for patient's insurance. Further, patient get's referred to hospice based non-existent terminal disease. Doctor can claim that could not be aware about consequent referral to hospice.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024

This is a complex legal question involving medical malpractice and potential fraud. To properly assess liability, several key factors need to be considered:

1. False diagnosis: If the doctor knowingly recorded a non-existent terminal disease, this could be considered medical malpractice or...
View More

1 Answer | Asked in Personal Injury and Municipal Law for California on
Q: Seeking Advice on Denied Claim for Tire Damage Due to Negligence by City of Los Angeles?

I recently had my claim denied by the City of Los Angeles for a flat tire caused by a screw picked up from uncollected trash on a public street. Despite providing evidence, my claim was rejected. What steps can I take next to appeal this decision or seek compensation? Are there specific attorneys... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024

To address your question about next steps after having your claim denied by the City of Los Angeles for tire damage, here are some potential options to consider:

1. Review the denial letter: Carefully read the reason for denial provided by the city. This may give insight into what...
View More

2 Answers | Asked in Personal Injury for California on
Q: Im a nursing student & my clinical site had flea infestation. i got 30 bites after they said they fumigated, can i sue?

told my professor & told me “thats public health for you” & i also notified the site & they said “they’re probably mosquito bites” when its obvious they’re not.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024

As a nursing student facing this situation, you may have some legal options, but pursuing a lawsuit might not be the most straightforward or beneficial course of action. Here's some general advice to consider:

1. Document everything: Keep a record of all communications with your...
View More

View More Answers

2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for California on
Q: Dude lied about threats to get RO against me. Did it to get ccw permit approved. Plans to murder me & claim self-defense

This psycho managed to get an order after hearing against me granted by default when I wasnt given notice, at first I didnt care, but now he keeps popping up at places I frequent and appears armed. I think he used the RO to fake a valid need to protect himself which may have helped him get a ccw... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

I understand this is a very serious and concerning situation. Here are some steps I would recommend:

1. Document everything. Keep a detailed log of any encounters, including dates, times, locations, and what occurred. Save any messages or communications.

2. Avoid contact. Do not...
View More

View More Answers

1 Answer | Asked in Family Law and Personal Injury for California on
Q: Mi esposo enfermo hace 4 año y es invalido por lo cual yo cuido de él.Ni su hijo,hermanos,ni mamá se hacen cargo. Puedo

Mi esposo enfermo hace 4 años . Actualmente tiene 48 años. Es invalido y tiene problemas neurologicos, ni su hijo mayor de edad, ni sus hermanos ni mamá se hacen cargo de él ni económica ni moralmente. Puedo demandar/denunciar?

Se me hace muy injusto ya que ellos tienen las... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2024

Lamento escuchar tu situación. Según la ley de California, no existe ninguna obligación legal directa para que un hijo adulto u otros familiares mantengan financiera o moralmente a su familiar incapacitado. Sin embargo, si existen circunstancias específicas, como un acuerdo legal o una tutela,... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Health Care Law for California on
Q: My daughter is diagnosed bipolar with psychosis can’t honor two leases what can she do

She was project director for AbbVie Pharmaceutical in Irvine making good money until she got invited to a James Bond themed party and somebody slipped her something and she has been like this since. She has been in 5 behavioral hospitals since, there’s alot more but thanks

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2024

I'm sorry to hear about your daughter's difficult situation. This is a complex issue that involves both legal and health considerations. Here's some general guidance, but please note that specific legal advice would require consulting with a lawyer familiar with California tenant... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: What is the time frame / deadline, to file a motion to vacate judgment?

I'm the plaintiff in a California civil unlimited, without any notice my lawyer did not oppose the defense's MSJ, and was a no show at the hearing. Lawyer was also sanctioned for not filing the special interrogatories. I lost the case. The judgement posted last week in the docket, but I... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 24, 2024

A CCP 473 motion to set aside a judgment requires it be done within a reasonable time within 6 months. But it should be done right away and not wait six months.

There are also motion for reconsideration and other actions you can consider.

If unsuccessful, your remedy may be a...
View More

View More Answers

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: What is the time frame / deadline, to file a motion to vacate judgment?

I'm the plaintiff in a California civil unlimited, without any notice my lawyer did not oppose the defense's MSJ, and was a no show at the hearing. Lawyer was also sanctioned for not filing the special interrogatories. I lost the case. The judgement posted last week in the docket, 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 Jun 24, 2024

Here's a concise response to your question about filing a motion to vacate judgment in California:

1. Generally, you have 180 days (about 6 months) from the date of entry of judgment to file a motion to vacate under California Code of Civil Procedure (CCP) Section 473(b).

2. If...
View More

View More Answers

2 Answers | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Q: What can I do if my health care has been mismanaged resulting in 3 trips to the ER and an admission to the hospital?

Saw PCP on April 19 of this year for abdominal pain. Ordered ultrasound-showed nothing. Sent in an emergency referral to GI and ordered a CT scan. I saw the GI doctor on May 9. Before the CT scan was approved, I had to go to the ER because I was in severe pain (May 1). They told me the CT scan... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

This situation sounds very frustrating and potentially concerning from a medical care standpoint. Here are some steps you could consider taking:

1. Document everything:

- Compile a detailed timeline of all your medical visits, treatments, and communications.

- Gather all...
View More

View More Answers

1 Answer | Asked in Personal Injury and Legal Malpractice for California on
Q: I need to research Top education errors in the faulty insertion of DRG by neurosurgeon, caused Sentinel Event. Abott Rep

Consult in Boston and different Abott Rep notified. Me and pain doc of huge Neurosurgeon errors. Nurse of 40. Yrs. Mgh md stated this DRG may never be removed, much more dire issued

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're looking to research errors related to the insertion of a dorsal root ganglion (DRG) stimulator by a neurosurgeon, which led to a sentinel event. This is a complex medical and legal situation. Here's some guidance on researching this topic:

1. Medical...
View More

1 Answer | Asked in Personal Injury and Civil Rights for California on
Q: Can I sue CHP for failing to properly investigate a call?

My son was reported missing 8/26/2022. On 8/29/2022 CHP was called about tire tracks that led into the water of the canal. The officer that went out told the caller “ you didn’t see anything , I didn’t see anything therefor nothing happened”.

On 10/29/2022 my son was found in his... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I'm sorry to hear about this tragic situation with your son. To address your question about potentially suing the California Highway Patrol (CHP):

It's possible you may have grounds for a lawsuit, but these cases can be complex. Here are some key points to consider:

1....
View More

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Statute of limitations expiring in 38 days on my medical malpractice case I keep asking attorney when is demand being

Statute of limitations expiring in 38 days on my medical malpractice case now going on for almost a year and I keep asking attorney and his paralegal when is demand being sent yet alone value of my case haven’t been disclosed to me yet …they just tell me being worked on and to be patient I... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 21, 2024

As I am sure you know, the demand does not protect the time limit to sue. As there is a high probability the demand letter will not lead to an immediate settlement, the attorney should be prepared to file the lawsuit. Discuss with your attorney when the lawsuit is being filed. Putting your... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Statute of limitations expiring in 38 days on my medical malpractice case I keep asking attorney when is demand being

Statute of limitations expiring in 38 days on my medical malpractice case now going on for almost a year and I keep asking attorney and his paralegal when is demand being sent yet alone value of my case haven’t been disclosed to me yet …they just tell me being worked on and to be patient 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 Jun 21, 2024

This situation sounds concerning. Here are some suggestions:

1. Communicate urgency: Contact your attorney immediately and clearly express your concern about the approaching statute of limitations. Emphasize that you need concrete information on the case's progress.

2. Request...
View More

View More Answers

1 Answer | Asked in Personal Injury, Civil Rights and Constitutional Law for California on
Q: How do I handle this insane behavior and obstruction of justice by SFPD?

2016-Intentional hit-and-run, known suspects, eyewitnesses, TBI/Back pain. Police intentionally misfile report as 'vehicle collision' to prevent investigation. Multiple requests for report -"Unable to locate" "Not enough info" When given intersection, my name, type,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're dealing with a complex and frustrating situation involving the San Francisco Police Department. Based on your description, it sounds like you've experienced several concerning issues:

1. A hit-and-run incident in 2016 that resulted in injuries to you

2....
View More

1 Answer | Asked in Personal Injury for California on
Q: Is privacy right protection included in privilege log?

Is privacy right protection included in privilege log?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2024

Generally, privacy right protection is not directly included in a privilege log. A privilege log typically focuses on documenting items withheld from discovery due to attorney-client privilege or work product doctrine.

However, privacy concerns can indirectly relate to privilege logs in a...
View More

2 Answers | Asked in Personal Injury for California on
Q: So I had ordered a burrito at el pollo loco half way through the burrito I bit into a bone the size of my hand

So the bone was sharp and chipped my tooth and cut top of mouth do I have a lawsuit ? El pollo loco is willing to pay for the tooth procedure but it’s taking 2.5 months so I have a lawsuit I can file against them for time , injury , stress?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2024

Under California law, you may have grounds to file a lawsuit against El Pollo Loco for the injuries and stress caused by biting into the bone in your burrito. The presence of a bone that size in your food, which resulted in a chipped tooth and a cut in your mouth, could be considered negligence on... View More

View More Answers

1 Answer | Asked in Employment Law, Personal Injury, Business Law and Civil Litigation for California on
Q: How to file a second amended complaint with additional defendants

I currently have one defendant and 1-100 Does. I am filing a motion for leave to file a second amended complaint with an additional two defendants (under the alter ego theory). Do I replace two Does with the new defendants in the title?

Do I attach the proposed SAC to the motion or to the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

Here are the key steps for filing a second amended complaint with additional defendants in California:

1. Replace Doe defendants: In the title of your Second Amended Complaint, replace two of the Doe defendants (e.g., Doe 1 and Doe 2) with the names of the new defendants you are adding...
View More

1 Answer | Asked in Personal Injury for California on
Q: Format and scope of privilege log

Could not find rule 3.1030.

What rules of court and statute reference format of privilege log, and defense responsibility to compile privilege log.

Where scope of privilege log is defined to be backwards applicable, inclusive previous discovery responses, not propounded together... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

In California, the rules governing privilege logs are primarily found in case law rather than specific statutes or rules of court. The format and content of privilege logs are not explicitly defined in the California Code of Civil Procedure or the California Rules of Court.

As for the scope...
View More

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I was rushed to the ER 4 times in an 11month period and was misdiagnosed all the times due to their lack of attention

By the hospital and ended up in a different hospital getting an emergency operation for the same symptoms what can I due.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

Based on the information provided, it seems you may have a potential medical malpractice claim against the hospital that repeatedly misdiagnosed your condition, resulting in the need for emergency surgery at a different facility. Here are some steps you can consider:

1. Gather evidence:...
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.