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California Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury for California on
Q: Am I being represented fairly?

In December 2022 I was involved in a vehicle/cyclist accident, me being the cyclist. Emergency room doctors and diagnostic tests diagnosed me with a compression fracture deformity of the T11 and T12, thoracic and cervical sprain with myospasm, and lumbar radiculopathy discitis. I sought lawyer... View More

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Oct 5, 2024

You should ask for a copy of your file in writing from your attorney. Then you should make an appointment and see anyone of us on Justia for a free consultation. We need to review the file to see why the first offer made by the insurance is so low. Has the attorney negotiated to try to get a... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was in a car wreck in April 2024 we we. re toned flipping the truck over
James Clifton
PREMIUM
James Clifton
answered on Oct 1, 2024

First, seek medical attention for your injuries and follow through with treatment. In order to be fully compensated, doctors will whether you will fully recover or if there are injuries that may be permanent.

Second, keep records of the accident including witness information, the police...
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3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have a lawsuit against this business for burning me?

I recently went for fire cupping and ended up with second degree burns. Clusters of blisters and some of my skin was completely ripped off. She told me it was just because my skin was sensitive, and that it wasn't a big deal and that no treatment was needed. After feeling severe discomfort I... View More

William John Light
William John Light
answered on Sep 30, 2024

It sounds like you have a claim. Take pictures of your injuries as they heal and scar (if they do), follow up with dermatology appointments. If an accupuncturist's office performed the cupping, you should make a complaint with the Accunpuncturist Board... View More

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2 Answers | Asked in Personal Injury for California on
Q: which form is applicable: SUBP-010 or SUBP-020?

For written deposition under subpoena WITHOUT appearance of non-party which form is applicable: SUBP-010 or SUBP-020?

Written deposition is answers to qustions.

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 27, 2024

Here are some self help videos on Discovery.

https://saclaw.org/learn/self-help-videos/

Specifically related to Subpoena's

https://saclaw.org/resource_library/discovery-business-records-subpoena-for-consumer-employee-records/

You can find answers to all your...
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2 Answers | Asked in Personal Injury and Car Accidents for California on
Q: I am on the title of the car, my son caused the accident. Will my assets be at risk?

The lawyer wants information for umbrella. My son was not listed as the driver on the umbrella policy. We own the car. Son was on the auto insurance but not umbrella. The vehicle was listed on the umbrella. He caused the accident while he was 17 years old (now he is 18). So, Do we need to provide... View More

William John Light
William John Light
answered on Sep 22, 2024

The owner of the vehicle is liable for its use, up to $15k per person or $30k per accident (if multiple persons are injured). If you knew or should have known of your son's propensity to drive negligently, you could have your own liability for allowing him to drive the vehicle. However,... View More

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3 Answers | Asked in Personal Injury for California on
Q: Hospice liability

Is hospice corporation liable for actions of independent consultants? Non-liability claims were not privided.

James Clifton
PREMIUM
James Clifton
answered on Sep 21, 2024

The liability of a hospice corporation for the actions of independent consultants can hinge on various factors including the nature of the relationship between the hospice and the consultant, the scope of the consultant's work, and specific legal principles like vicarious liability.... View More

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2 Answers | Asked in Personal Injury for California on
Q: Slip and fall

Long story short I had a slip and fall at a Safeway, first Safeway offered me 700$ for the incident which I declined. A week later they tell me they aren't liable but their Janitorial Services is, but now they are both just saying they are both not liable for the incident. I reported Safeway... View More

Tim Akpinar
Tim Akpinar
answered on Sep 24, 2024

I'm sorry about your accident. I hope you're okay. You could continue to reach out to law firms. Your post does not mention anything about the reason why firms are declining your case, but that's something you could ask them - whether it's a matter of not having medical... View More

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4 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on
Q: my grandma's in the hospital and has received an injury from 1 of the nurses and has been advised to make a police repor

What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

I'm sorry to hear about your grandmother's injury. Here's what you should do next: Document everything by keeping clear, dated photos of the injury, logs of conversations, and copies of her medical records. File a complaint with the hospital by reporting the incident to their Patient... View More

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3 Answers | Asked in Personal Injury for California on
Q: Are there any types of affiliation between hospital and doctor, other than employment and formal contact?

Are there any types of affiliation between hospital and doctor, other than employment and formal contact?

Hospital claims contract with doctor does not exist. Does it mean doctor was employee?

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Yes, there are affiliations between a hospital and a doctor beyond formal employment or contracts. Doctors can have admitting or surgical privileges, allowing them to treat patients using the hospital’s facilities without being employed. They may also work as independent contractors, be part of a... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Hello, I was hit as a pedestrian in crosswalk and received medical treatment. I wound up dropping atourney received full

Policy limit agreement to my demand. The insurance claims is now asking for liens and if there's a lean with old atourney.

I said there's no leans with atourney and he has a copy of itemized billing for treatment.

Is my lien now considered medical billing since I'm... View More

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Since you no longer have an attorney, the focus is on any medical liens, which represent unpaid medical bills. Insurers typically settle these liens first to meet legal obligations, which may delay your settlement. You can negotiate the bills with medical providers before the settlement is... View More

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2 Answers | Asked in Personal Injury for California on
Q: I was awarded 300,000.00 on my case but only received 127,000.00.

The lawyers said that I had to pay all my medical, but I had medical and they didn't take money from my settlement. they lawyers lied. they would only approve a pre settlement loan through there lenders. and settled on my case without notifying me before hand, I feel cheated.

Tim Akpinar
Tim Akpinar
answered on Sep 15, 2024

With the medicals, it would help to know if the bills were submitted and denied, or simply not submitted. If submitted and denied, it could be worth learning whether there are possibilities for appeal and arbitration. If that's the case, there are certain time windows for contesting medical... View More

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2 Answers | Asked in Personal Injury for California on
Q: Clerk forgot to stamp all documents in time sensitive motion for reconsideration package.

Clerk forgot to stamp all documents in time sensitive motion for reconsideration package. Package was filed in advance, motion itself is stamped. How proof of service must such circumstances?

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Suppose the clerk forgot to stamp all documents in a time-sensitive motion for reconsideration, but the motion itself is stamped. In that case, you can address the issue by first confirming the stamped motion as proof of timely filing. Then, contact the clerk’s office to request that the... View More

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3 Answers | Asked in Health Care Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Seeking help for chronic TBI after heart surgery but surgeon and hospital are playing possum. Any takers/advice? Thanks

Suffering greatly over past year with over 1,000 episodes of ocular and vestibular dysfunction starting in ICU day after surgery. Multiple bouts of transient and temporary blindness with full blown cross-eyed diplopia and periodic abnormal heart arrhythmias. Major blood pressure fluctuations with... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 8, 2024

Hopefully you are consulting with medical specialists to determine your needed treatment.

Due to the nature of medical malpractice cases, not all viable cases can proceed. Factors determining viability include the need for future care, future wage loss or other future financial losses,...
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3 Answers | Asked in Health Care Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Seeking help for chronic TBI after heart surgery but surgeon and hospital are playing possum. Any takers/advice? Thanks

Suffering greatly over past year with over 1,000 episodes of ocular and vestibular dysfunction starting in ICU day after surgery. Multiple bouts of transient and temporary blindness with full blown cross-eyed diplopia and periodic abnormal heart arrhythmias. Major blood pressure fluctuations with... View More

Tim Akpinar
Tim Akpinar
answered on Sep 15, 2024

They might not be "playing possum," as you put it. They might simply not be certain of what to do.

'Any takers," you ask. If twenty firms declined your case, and they were reputable mainstream firms, I think it's likely that other firms would similarly decline. But...
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3 Answers | Asked in Legal Malpractice and Personal Injury for California on
Q: I am deeply dissatisfied with the legal services provided by Attorney

I am deeply dissatisfied with the legal services provided by my Attorney

* Failure to Communicate: has consistently failed to communicate with me about my case. They have not responded to my emails, phone calls, or letters. This lack of communication has caused significant stress and... View More

Jonathan Kintzele
Jonathan Kintzele
answered on Sep 8, 2024

This is a poor situation to be in. No doubt anybody who has had a good attorney represent them, has had disagreements and squabbles with their lawyer. But in your situation it appears you have both a bad lawyer (presumably) and a selfish person. The proper means of following the California... View More

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3 Answers | Asked in Legal Malpractice and Personal Injury for California on
Q: I am deeply dissatisfied with the legal services provided by Attorney

I am deeply dissatisfied with the legal services provided by my Attorney

* Failure to Communicate: has consistently failed to communicate with me about my case. They have not responded to my emails, phone calls, or letters. This lack of communication has caused significant stress and... View More

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2024

One option is to discuss the file with a different attorney. In most situations, clients are free to discharge their attorneys, and vice-versa, attorneys are free to withdraw from representing a client (barring certain situations, such as looming statutes of limitations, etc.). It's possible... View More

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3 Answers | Asked in Personal Injury for California on
Q: When calendar days are counted at court for due date, is it inclusive last day?

How days are counted by court?

For example, 3 calendar days from 10/01/24. Is it Inclusive 10/04/24?

Jonathan Kintzele
Jonathan Kintzele
answered on Aug 29, 2024

In California, the simple way to remember is that there are two types of deadlines when calculating the last day for something to be served or filed: forward-looking deadlines and backwards-looking deadlines.

Forward-looking deadlines are ones that are as follows: "no later than X days...
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3 Answers | Asked in Personal Injury for California on
Q: Wheel seperation from a semi , company says the driver wasnt working for them during the time of the injury accident
William John Light
William John Light
answered on Sep 13, 2024

The company is responsible to maintain its semi, even if being driven by someone who is not working. Further, the company's opinion about whether the driver was working or not, is probably not reliable. If he wasn't working, why was he driving the company's semi?

Not enough...
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5 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: Do I have a case.

fell into a man hole type thing at my condo/apartments I live in

I hurt my hip and when I fell it knocked me so hard I lost bladder control. Blacked out. I keep having headaches

Im super sore and since I feel I keep seeing spots and hearing pounding.

This is something that just happened.

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Sep 12, 2024

You have a great case. You are entitled to money for your medicals, loss of earnings, pain and suffering etc. You need to contact anyone of us on Justia for a free consultation ASAP. It is important what doctors you see so you can prove your injuries .

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5 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: Do I have a case.

fell into a man hole type thing at my condo/apartments I live in

I hurt my hip and when I fell it knocked me so hard I lost bladder control. Blacked out. I keep having headaches

Im super sore and since I feel I keep seeing spots and hearing pounding.

This is something that just happened.

William John Light
William John Light
answered on Sep 12, 2024

That sounds like a case, although property owners have a defense they like to refer to as "open and obvious", so photographs of the area where this opening was will be important to discover why it wasn't conspicuous to explain why you fell into it. Also, medical evidence of injuries... View More

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