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California Personal Injury Questions & Answers
3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: I had a procedure to improve blood flow to (1) toe. I now have (2) healthy toes dying.

I notified the doctor and was given an appointment at the office, by the time the doctor realized just how bad the situation was, I went to the Emergency Room because I felt ignored. The procedure was done on December 4, 2024 and I've been in the hospital since January 1,2025

Joel Gary Selik
Joel Gary Selik
answered on Jan 6, 2025

It might be malpractice.

Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm. Another qualified health care provider or providers would be needed to testify as to the breach of the standard of care.

Another...
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4 Answers | Asked in Divorce, Family Law, Personal Injury and Civil Litigation for California on
Q: Discovery Responses: Motion to Compel vs. Motion to Exclude Evidence

During Divorce, the Ex's counsel requested financial and tax documents in discovery. I provided a Dropbox link in my verified responses. Now, 50 days later, they threaten to file a Motion to Compel Further unless I send the link again within one hour. I informed them that the 45-day deadline... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 4, 2025

Expanding on Mr Light’s response, it sounds like counsel made no effort to try to open that link up to 50 days after you provided it. Why? Why not let you know sooner that the link allegedly didn’t work? You cannot move to exclude evidence until after the party has violated a court order... View More

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4 Answers | Asked in Divorce, Family Law, Personal Injury and Civil Litigation for California on
Q: Discovery Responses: Motion to Compel vs. Motion to Exclude Evidence

During Divorce, the Ex's counsel requested financial and tax documents in discovery. I provided a Dropbox link in my verified responses. Now, 50 days later, they threaten to file a Motion to Compel Further unless I send the link again within one hour. I informed them that the 45-day deadline... View More

William John Light
William John Light
answered on Jan 4, 2025

The deadline to move to compel is an order to compel a Response or a Further Response. You are being faced with a Motion to Compel Production of Documents. There is no deadline to move to compel where the responding party does not actually produce the promised documents. Your link allegedly did... View More

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3 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for California on
Q: Partial Discovery Responses: Motion Options After 50 Days

If my ex sent 10 discovery questions (1-5 asking for financial documents and 6-10 general written questions), I provided verified responses for all 10, with written answers for 6-10 and for 1-5, I wrote "See Dropbox" and shared an Onedrive link via email. Now, 50 days later, my ex claims... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 2, 2025

To compel further responses to discovery, the moving party must file the motion within 45 days (plus 5 additional calendar days if the responses were served by USPS) to file their motion. There is a meet and confer requirement that must be satisfied before the motion is filed. If your ex waited... View More

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4 Answers | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: My wife suffered a massive stroke 2 hours after a lung operation and passed away 12 days later. Is the doctor liable?
Joel Gary Selik
Joel Gary Selik
answered on Dec 31, 2024

Possibly. 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.

Consult with experienced malpractice attorneys in the state where this occurred.

Use the JUSTIA...
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4 Answers | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: My wife suffered a massive stroke 2 hours after a lung operation and passed away 12 days later. Is the doctor liable?
Scott Martin Hendler
Scott Martin Hendler
answered on Dec 31, 2024

A doctor can be liable for something like this but it depends on why the stroke occurred and when it happened. There is not enough information in your inquiry for me to give you a more definitive answer. If the doctor breached the standard of care during the operation or afterwards during her post... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I am not sure if I have a case

I had a saddle pulmonary embolism right after knee surgery every Dr there stated why I didn’t receive a blood thinner after surgery. The size of the embolism was the size of a chop stick ranging from my right lung arteries to my left lung arteries. I had to have surgery to remove the clot and now... View More

Eliza Jasinska
Eliza Jasinska
answered on Dec 29, 2024

You may have a medical malpractice case if it can be shown that your doctors failed to meet the standard of care by not prescribing blood thinners after your knee surgery, leading to preventable complications like your pulmonary embolism and ongoing health issues. Consent forms don’t absolve... View More

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Dental malpractice in California. Do I have a case or not? is it worth to pursue

Last August i had a tooth extracted in California by doctor A. Doctor A took a very long time, I felt a lot of pain, I felt all the sutures being done very very painfully. I also had a bone graft done that day. I had to wait 6 months for the next step which was the implant surgery. Went to doctor B... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 17, 2024

Yes, you may well have a case. Theses types of cases can be expensive, because you need an expert to testify that what doctor A did fell below the "standard of care". Start calling dental malpractice lawyers now. The statute of limitations for dental malpractice is short, and if you miss... View More

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2 Answers | Asked in Domestic Violence, Family Law and Personal Injury for California on
Q: When getting a restraining order on someone I live with can I ask for their immediate removal of the home the same day?

The person getting a restraining order on them is my 17 year old sister and the one putting the restraining order is my mom due to her getting physically abused and resulted with her getting a fractured nose and a broken finger that needs surgery.

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 11, 2024

It is not completely clear. It sounded like your mother is getting a restraining order on your sister. So it sounds like your sister hurt her own mother. If that is true there should be a problem. The daughter is a minor and the daughter of the person seeking a restraining order. If that is the... View More

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6 Answers | Asked in Personal Injury and Car Accidents for California on
Q: CA. Accident almost 2 years ago. Claim # for injury started. Does this need settled by 2 year if claim w/ insur started

Car accident December 2022. Property damage settled. Have claim number started with insurance company for injury, but it has been dragging out. We are now coming up on the two year mark. Does this have to be settled in California before the two year mark can settlement go past that timeframe. Have... View More

David W Gammill
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answered on Dec 10, 2024

You are approaching the two-year statute of limitations in California for filing a personal injury lawsuit. This means that if you don’t file a lawsuit before the two year anniversary, you could lose your legal right to pursue compensation for your injuries, even if settlement negotiations are... View More

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6 Answers | Asked in Criminal Law, Libel & Slander, Personal Injury and Civil Litigation for California on
Q: what type of attorney sues for premise liability, intentional infliction of emotional destress, assault and battery.

I was attacked by security guards at a restaurant, the same guards stalked me for over a year(have it documented in photos and videos the lawsuit would be intentional infliction of emotional destress, premise liability due to being assaulted and battered at their establishment. Defamation is a... View More

David W Gammill
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answered on Dec 9, 2024

A personal injury attorney. When selecting a personal injury attorney, it’s important to assess their expertise, approach, and compatibility with your needs. Here are three good questions to ask:

1. What is your experience with cases similar to mine?

This helps you understand if...
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6 Answers | Asked in Criminal Law, Libel & Slander, Personal Injury and Civil Litigation for California on
Q: what type of attorney sues for premise liability, intentional infliction of emotional destress, assault and battery.

I was attacked by security guards at a restaurant, the same guards stalked me for over a year(have it documented in photos and videos the lawsuit would be intentional infliction of emotional destress, premise liability due to being assaulted and battered at their establishment. Defamation is a... View More

William John Light
William John Light
answered on Dec 9, 2024

An important question for you to answer when speaking with any attorney is, if those security guards were stalking you for over a year, why were you at that restaurant? Presumably, the security guards worked there. Security guards do not roam freely. They are typically assigned to a particular... View More

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4 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Personal Injury for California on
Q: PLEASE HELP! A HARDWARE STORE ACCEPTED A RETURNED USED BLACK MOLD TEST KIT. RESTOCKED ON SHELF AND SOLD TO ME.

My father and I first time using one opened in car and came subject to tons of unknown spores. I went to hospital that night I couldn't breathe. Next day called store manager told me he would call me on 10 mins after fetching from return box. I didn't get a call for 7 hours and was... View More

William John Light
William John Light
answered on Dec 5, 2024

Unless the store knew that the kit had been used and contained "spores", it was the victim of an unscrupulous return. Perhaps, a strict products liability theory gets you past that hurdle. You then have to prove that your breathing issue was caused by the "spores". Testing on... View More

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2 Answers | Asked in Personal Injury for California on
Q: “Am I liable if someone fell on a movable stair not mine, brought by a worker to my property I sold? No insurance.”

Five months ago, I renovated a property in Banning, California (sold a month ago). One of my workers brought someone else to the site without my authorization. This individual reportedly fell while using a movable stair they or someone else brought, which wasn’t part of the property or provided... View More

Eliza Jasinska
Eliza Jasinska
answered on Dec 14, 2024

Under California law, liability may depend on various factors such as your role in the incident and whether you were negligent in allowing an unsafe condition on your property. Since the stair was brought by someone else and was not part of your renovations or property, your liability may be... View More

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5 Answers | Asked in Animal / Dog Law and Personal Injury for California on
Q: I was bitten by a dog 2 months ago on the wrist while house sitting and I have a referral to see a hand surgeon in June,

I was bitten on the wrist by a dog I was house sitting about 2 months ago, and it seems to have affected my tendons. The dog has a past history of biting, the owner's homeowner's insurance just paid out some money to a lady the same dog bit 6 months ago.

I also know that the... View More

Haleh Shekarchian
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Haleh Shekarchian
answered on Dec 1, 2024

You can get money for your medical bills, loss of earrings, pain and suffering etc from his homeowners insurance. Contact any one of us on Justia and we can refer you to an Orthopedic hand specialist who would see you on a lien basis. This means he will wait to get paid at the end when the case... View More

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5 Answers | Asked in Animal / Dog Law and Personal Injury for California on
Q: I was bitten by a dog 2 months ago on the wrist while house sitting and I have a referral to see a hand surgeon in June,

I was bitten on the wrist by a dog I was house sitting about 2 months ago, and it seems to have affected my tendons. The dog has a past history of biting, the owner's homeowner's insurance just paid out some money to a lady the same dog bit 6 months ago.

I also know that the... View More

William John Light
William John Light
answered on Dec 1, 2024

You have a case. Contact one of us on Justia or another personal injury attorney to discuss. This will involve making a claim against the homeowner's insurance company. You will likely be referred to a hand surgeon who will evaluate you on a lien, meaning s/he gets paid out of the future... View More

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5 Answers | Asked in Animal / Dog Law and Personal Injury for California on
Q: I was bitten by a dog 2 months ago on the wrist while house sitting and I have a referral to see a hand surgeon in June,

I was bitten on the wrist by a dog I was house sitting about 2 months ago, and it seems to have affected my tendons. The dog has a past history of biting, the owner's homeowner's insurance just paid out some money to a lady the same dog bit 6 months ago.

I also know that the... View More

James Clifton
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James Clifton
answered on Dec 2, 2024

Under the state's strict liability law for dog bites, where the dog owner is liable if their dog bites someone in a public place or lawfully on private property, like during house sitting, you have a very high likelihood of success in your claim. The dog's history of biting strengthens... View More

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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Rights for California on
Q: does anyone know of a contingency lawyer

i took my car to quick quack car wash and it damaged my license plate i was then given a business card to go somewhere to have it fixed which then the worker there added additional damage to my fenderliner and he said he may have done the damage but didnt want to fix it is there any lawyer that can... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

When your case is worth $2million, there are lots of contingency lawyers for you, but when your case is worth less than $2000 there are usually none. This is because many Attorneys charge more than $500 per hour and your case will take several hours to resolve. But, there is hope for you, it is... View More

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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I rear-ended a vehicle at 5 MPH that was sitting in the middle of the street with his car running and flashers on.

He claims he was hit by another vehicle that fled the scene and is now suing me for $150,000. My insurance is looking to settle the claim from my policy limits, but he didn't mention that another vehicle hit him before me. I also suspect he was uninsured that night. Can you stay in your car... View More

William John Light
William John Light
answered on Nov 25, 2024

Maybe you can. There are a lot of variables. How disabled was the car? How injured was the driver? How busy was the street?, etc. The decision to settle belongs solely to your insurer. There is nothing you can do about it, except communicate to your insurer the facts that you think are... View More

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3 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Legal Malpractice for California on
Q: I have a case where I was rear ended by a drunk driver who was driving another persons car. This happened on the highway

Causing me to flip multiple times and get tboned by a 16 wheeler. I was rushed to the hospital and was found to have major injuries to my spinal cord with multiple contusions to my neck and back. I’m In pain everyday and can’t get the medics, attention I need because of this major setback which... View More

William John Light
William John Light
answered on Nov 23, 2024

It sounds like your lawyer got you the policy limit of the drunk driver. It sounds like the semi truck driver isn't at fault, although if he left the scene that is suspicious. Nevertheless, if the semi driver can't be found, what do you want your attorney to do? He got all of the... View More

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