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California Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for California on
Q: What statute or rules of court define motion for in camera review in California?

What statute or rules of court define motion for in camera review in California?

James L. Arrasmith
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answered on Jul 20, 2024

Under California law, the procedure for a motion for in-camera review is generally guided by various statutes and rules of court. In-camera review is a process where a judge reviews certain documents privately to determine their relevance or if they should be protected from disclosure. This is... View More

2 Answers | Asked in Criminal Law and Personal Injury for California on
Q: I was assaulted at work and have a fractured jaw. It was all caught on video. What can I do?
Gary K. Burger Jr
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answered on Jul 22, 2024

I'm so sorry to hear that you were attacked. That must have been a horrible experience. I hope you are recovering well.

Your first focus should be on getting the necessary medical care to minimize any permanent or long term effects and ensure you are able to recover to the fullest...
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2 Answers | Asked in Criminal Law and Personal Injury for California on
Q: I was assaulted at work and have a fractured jaw. It was all caught on video. What can I do?
James L. Arrasmith
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answered on Jul 20, 2024

First, seek medical attention immediately to ensure your health and document your injuries. Keep all medical records and expenses related to your treatment as they will be important for any legal action.

Next, report the assault to your employer and ensure they create an incident report....
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2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for California on
Q: What kind of attorney do you recommend for my situation. What is the best action to take to proceed

In 2007 my husband and my sister-in-law had an affair. Heard what I was told by a mutual friend they would speak about him getting rid of me and her getting rid of my brother, and running off together and with all my family's money. There has been numerous people involved a lot of harassment... View More

James L. Arrasmith
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answered on Jul 20, 2024

Given the complexity and severity of your situation, it’s essential to seek legal help immediately. For the issues involving potential crimes, harassment, and threats to your safety, contacting a criminal defense attorney with experience in personal injury and civil rights cases would be a... View More

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1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Arbitration / Mediation Law for California on
Q: My question is about 553 ca arb ,it has been about 4 years

I need legal advice on a potential predatory lending and unlawful repossession issue. Four years ago, I bought a car, and the lender changed due to the original lender going out of business. The new lender engaged in what I believe were predatory practices, including repossessing my car at 2 AM... View More

James L. Arrasmith
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answered on Jul 19, 2024

You have a complex and distressing situation involving potential predatory lending and unlawful repossession. Under California law, you may have several legal avenues to explore. The repossession without notice and the unconventional payment demands may constitute violations of your rights under... View More

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for California on
Q: Doctors failed to diagnose cancer in my mother's scans and surgery. Is it a good time now to file a lawsuit?

My mother was diagnosed with metastatic cancer last month (June 2024) out of the blue. She had her adrenal gland removed in 2022 for Cushing's disease (rare). Before surgery, the CT scan said "likely benign", and the pathology report also said benign. I just got second opinions back... View More

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

Reach out to attorneys to try to arrange a free initial consult. You already have a ticking statute of limitations on a med mal action. An experienced attorney could advise you on strategies regarding the element of time. I hope your mother survives, and the second type of legal action you... View More

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Is it possible hire a lawyer to write a settlement demand letter to an insurance company for an accident I was in?

I was in a 1 vehicle accident and I was a passenger and I’m now waiting on a settlement from the drivers insurance company. I would like to have a lawyer write a settlement demand letter to start the negotiations process. Is that expensive? My mom was also a passenger and she received a lowball... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

There are many, many attorneys who represent individuals involved in motor vehicle collisions. Typically, they will accept your case on a contingency fee (1/3 is common) so you do not have to pay anything upfront. They receiver their fee out of the proceeds collected. A strong demand letter from... View More

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3 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: My husband and I along with our toddler lived with a severe roach infestation for 9 months . Is 1 million reasonable ?

We lived on a military base. I have a settlement demand meeting tomorrow and I plan to ask for 1 million for various breaches and pain and suffering. Is asking for one million for me, my husband and toddler a reasonable amount ?

Tim Akpinar
Tim Akpinar
answered on Jul 11, 2024

A California attorney might be able to advise best, but you mention a hearing tomorrow. It's difficult for attorneys on a public forum to comment on the value of cases - they can be fact-specific in their settings, region, and the forum. There isn't much time to research the matter... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: What do I do if my personal injury lawyer is doing things wrong to my case had me sign forms i didn't understand hes hol

Holding my settlement checks he never scheduled the caropractice apointments.who do I talk to I need help i never received compensation for loss of wages never got any paper work showing or explaining to me whats going on.its been 7 months now.

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

If I were you, I would send a letter (not an email) requesting an office conference within the next thirty days to review your case, to discuss its current status, and to determine your case strategy moving forward.

Typically, attorneys and law firms do not schedule healthcare appointments...
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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: What do I do if my personal injury lawyer is doing things wrong to my case had me sign forms i didn't understand hes hol

Holding my settlement checks he never scheduled the caropractice apointments.who do I talk to I need help i never received compensation for loss of wages never got any paper work showing or explaining to me whats going on.its been 7 months now.

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

Your attorney isn't doing anything wrong by not scheduling chiropractic visits. That's something patients arrange. Attorneys could assist in finding medical providers and facilitating care, but it's generally upon the patient/client to schedule visits. It's difficult to guess... View More

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2 Answers | Asked in Personal Injury, Elder Law and Car Accidents for California on
Q: I get in a car accident and the driver's insurance covers all the bills, yet I have to pay $5000 more

so I have a settlement check coming, the law firm told me that the driver that hit me, has insurance that covers all bills, yet I been told by my law firm, that I have to pay $5000 out of my settlement check. Why if the law firm told me that all insurance bills where paid? Also I have $3500... View More

James L. Arrasmith
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answered on Jul 2, 2024

I understand your frustration with this complex situation. Let me break down the issues and provide some general information that may help clarify things:

1. Insurance coverage vs. settlement:

Even if the other driver's insurance covers your medical bills, your settlement may...
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2 Answers | Asked in Personal Injury, Elder Law and Car Accidents for California on
Q: I get in a car accident and the driver's insurance covers all the bills, yet I have to pay $5000 more

so I have a settlement check coming, the law firm told me that the driver that hit me, has insurance that covers all bills, yet I been told by my law firm, that I have to pay $5000 out of my settlement check. Why if the law firm told me that all insurance bills where paid? Also I have $3500... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2024

I'm sorry for your ordeal. Unfortunately, one would need to review your file to offer a definitive answer. Yes, you are partially correct in the insurance company paying the bills. But if you had an IME (independent medical exam) and were cut off by the carrier, but continued to treat,... View More

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1 Answer | Asked in Personal Injury for California on
Q: Further responses to demands for production of documents, And for production of ESI.

Demands for production included demands for electronically stored information ESI.

Can one motion to compel further responses include both demands for documents, and for electronically stored information?

Can proposed order be the same for documents, and for ESI?

James L. Arrasmith
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answered on Jul 2, 2024

Yes, under California law, you can file a single motion to compel further responses that include both demands for documents and demands for electronically stored information (ESI). This allows you to address all discovery issues in one motion, making the process more efficient.

When...
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2 Answers | Asked in Nursing Home Abuse, Health Care Law and Personal Injury for California on
Q: If a patient in a skilled nursing facility was given a chemical restraint without informed consent does it fall in the

category of medical malpractice

James L. Arrasmith
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answered on Jul 2, 2024

In California, administering a chemical restraint to a patient without informed consent can indeed be considered medical malpractice. Medical malpractice occurs when a healthcare provider's actions deviate from the accepted standard of care and cause harm to the patient. Failing to obtain... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: My son has been in a splint for over a week for a broken foot, he has a sore on his foot from the splint, what can we do

My 11 year old son broke his foot on June 21 and got a splint from the ER. He still hadn’t got the appointment for the orthopedic for a cast. July 1 I took him back to the ER because he was in so much pain and his foot was sitting sideways in the splint. He has a sore on the back of his heel from... View More

James L. Arrasmith
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answered on Jul 2, 2024

You should take your son to a healthcare provider as soon as possible. The sore on his heel may indicate that the splint is not fitting correctly, which can lead to further complications. Explain the situation, including the pain and the sore, to ensure he receives appropriate care.

While...
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1 Answer | Asked in Personal Injury for California on
Q: Hearing on compelling further responses to discovery devices propounded together.

Hearing on compelling further responses to discovery devices propounded together.

Should separate hearings be scheduled for motion to compel further responses to interrogatories, and to compel further responses to production demands? Interrogatories were propounded with production demands.

James L. Arrasmith
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answered on Jul 1, 2024

This question relates to civil procedure in a personal injury case in California. Here's a concise response:

In California, it's generally acceptable and often more efficient to combine motions to compel further responses for different discovery devices (like interrogatories and...
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1 Answer | Asked in Personal Injury for California on
Q: Motion to compel further, vs separate statements and proposed orders

Do I understand correctly:

I can consolidate motion to compel further responses to interrogatories and to demands into one motion,

But proposed orders and separate statements must be each per discovery device?

James L. Arrasmith
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answered on Jun 30, 2024

Based on your question, it appears you're dealing with discovery motions in a California personal injury case. Let me break down the key points:

1. Motion to Compel Further Responses:

You're correct that you can generally consolidate motions to compel further responses for...
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1 Answer | Asked in Personal Injury for California on
Q: Motions to Compel further responses

How California Superior Court construes § 29:36. - Separate motions for separate devices:

in regard to interconnected Motions to Compel further responses to Special interrogatories and to Production Demands?

James L. Arrasmith
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answered on Jun 29, 2024

In California Superior Court, when dealing with interconnected Motions to Compel further responses to Special Interrogatories and Production Demands, you must file separate motions for each device. This means you need one motion for Special Interrogatories and another for Production Demands. Each... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Do I have a case? I recently had a hysterectomy and had complications almost immediately after with care from the ER dep

The ER doctors dismissed me two days in a row until I saw my surgeon a week later. He was very upset when he finally saw me and how my incisions looked. He sent me back to the ER to be treated the correct way only to be mistreated again by the ER doctors.

James L. Arrasmith
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answered on Jun 29, 2024

Based on the information provided, you may potentially have a case for medical malpractice, but more details would be needed to make a definitive assessment. Here are some key points to consider:

1. Standard of care: The main question is whether the ER doctors' actions fell below the...
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1 Answer | Asked in Personal Injury for California on
Q: motions to compel further responses to interrogatories & motion to compel further responses to production demands into 1

Is it allowed to consolidate both motions to compel further responses to interrogatories and motion to compel further responses to production demands into one document; submitted at the same time, in respect to intertwined Interrogatories and Demands?

Separate statements would be different,... View More

James L. Arrasmith
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answered on Jun 29, 2024

While it's generally preferable to file separate motions for different discovery issues, in some cases it may be possible to consolidate related motions to compel. Here's a breakdown of the key considerations:

1. Court discretion: Ultimately, whether this is allowed may depend on...
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