Robert P. Taylor Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2024

Lost earning capacity usually relates to a permanent injury that prevents you from engaging in employment or similar employment. If you're off work or can't work for a few weeks because of an injury, that's not generally considered lost earning capacity. Now I don't know your... View More

The motorcycle may still legally belong to your friend, and you might be insured as a permissive user of the motorcycle. If you are injured that can be a big deal. Uninsured drivers can only recover damages for their economic losses (medical expenses, property damage and wage loss). Insured... View More

You would be entitled to money for your medical bills, loss of earnings, property damages etc

You would also be entitled to money for pain and suffering but you need to prove you were covered by liability insurance unless the other party was DUI.

You should contact anyone of us... View More

If you have existing insurance on another vehicle, there may be a grace period where the motorcycle will also be insured even without it being officially added to the policy. If there was a bill of sale signed, the motorcycle is officially yours, and it is unlikely that your friend's insurance... View More

I'm sorry to hear about your experience. Based on your situation, you may have a potential medical malpractice case against Kaiser if there's evidence that they failed to diagnose your prostate cancer in a timely manner. This would require demonstrating that their delay directly led to... View More

Michael J. Mandelbrot Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2024

Hi - without any residual damages, there is presumably no medical malpractice case. In any lawsuit, there has to be damages. While it sounds like the medical attendant made an error, without any damages (and a possible risk), this would not rise to the level of a case an attorney would consider. If... View More

In California, if a healthcare provider left a needle in your arm after an MRI or any medical service, it could be considered negligence, as medical professionals are expected to remove all instruments used during a procedure. This incident may fall under medical malpractice if it causes harm,... View More

CHP officers have discretion in high-speed pursuits, but they have to consider public safety as mandated by their own policies and California law. Under Section 17004, officers can be immune from liability during a pursuit, but this immunity has limitations. If officers acted recklessly or failed... View More

Your situation may constitute medical negligence, as the hospital had a duty to ensure your safety, especially given your dizziness. Allowing you to go to the restroom unattended could be seen as a breach of that duty, directly leading to your fall and subsequent injury. However, proving negligence... View More

If you can prove that this co-worker made objectively false statements that harmed your reputation and caused you damages you may well have a defamation claim. The issue will be whether it makes sense to attempt to make a claim of this sort against a co-worker, who likely does not have the money... View More

In California, a subpoena can be opposed if altered improperly, potentially invalidating its legal standing. Under CCP § 1985.3, § 1987.1, and California Rules of Court 3.1345, recipients may file a motion to quash if procedural defects, like unauthorized alterations, exist. Since the deposition... View More

In California, the proof of service (POS) for a reply to an opposition must generally be filed with the court on the same date the reply is filed. California Rules of Court, Rule 3.1300 outlines filing deadlines, while Code of Civil Procedure § 1005(b) specifies timelines for serving documents in... View More

There are many factors to consider when suing a health care provider. The nature of the malpractice is considered Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider would be needed to evaluate what the... View More

Steven M. Chanley Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2024

Selecting an attorney is an important decision, as whomever you engage will hold your legal interests, either as a person or a business, in their hands. It is critical to hire an attorney who is not only competent and trustworthy, but also one who will listen to you to determine the best way of... View More

I'm sorry that you had to go through that with the dog and then things were compounded by you feeling abandoned by your attorney.

I think the problem with the case is that it sounds good until you find out that the dog owner did not have any insurance. It is much easier to get a pay... View More

No, you cannot sieze the neighbor's property. At most, you can get a money judgment, and then record that judgment with the County Recorder's Office. If the property is sold within the next 10 years, then you would be paid from escrow. The judgment expires after 10 years, but could be... View More

A California attorney could advise best, but your question remains open for a week. However, the answer would basically be the same anywhere. For injuries related to defective products, you'd want to speak with injury attorneys who handle product liability cases. Based on the setting,... View More

The hotel could potentially be liable based on negligence or premises liability. Hotels owe their guests a duty of care to ensure their safety and protect them from foreseeable harm. If you informed housekeeping not to allow the man inside and they still granted him access, this may constitute a... View More

Don’t blame it on the lawyers. Intentional torts like assault and battery are generally NOT covered by homeowners insurance. Full stop. End of analysis. Just bc she has not been arrested doesn’t mean she won’t be arrested once the investigation is completed. Her bf does not have a duty to... View More

I'm sorry about your accident. You ask a reasonable question. However, it's a difficult question to answer based on the brief summary provided. Your post makes no mention of liability, or how the accident occurred. It would be helpful to know something about liability, whether there is a... View More