Get free answers to your Personal Injury legal questions from lawyers in your area.
I experienced a traumatic incident in a hospital where a patient lit a match while connected to an oxygen tank. Although no physical injuries occurred, it caused severe fear for everyone's safety. The hospital's security normally checks patients for dangerous items, but they failed to do... View More 
answered on Apr 28, 2025
While it may be a case it is not likely viable. In order to have a viable malpractice, all of these elements are required. 1. Malpractice actions or inactions below the standard of care. 2. The malpractice caused harm and 3. The anticipated recovery must be sufficient to warrant the expense of a... View More
I live in California. Last year, I experienced issues with my former psychiatrist regarding an unclear appointment arrangement. I expected a phone appointment, but when the psychiatrist didn't call, I contacted her office and was told that I had no upcoming appointments and that she... View More
answered on Apr 26, 2025
First, note, the deadline to sue doctors in California is one year.
As to a potential case, the first issue did the doctor act below the standard of care. In this situation it appears so, but would need to be confirmed by a medical specialist expert.
Additionally, for any case, but... View More
In May 2023, I underwent a breast lumpectomy to remove what was deemed a benign fibroadenoma after a biopsy. The surgeon and I agreed on the surgery for personal and medical reasons. Despite multiple post-surgery visits where I raised concerns about persistent pain and firmness, no follow-up or... View More
answered on Apr 24, 2025
The first issue is the one-year statute of limitations wherein you must file a lawsuit or you will be forever barred from compensation. Based on these facts you may be within that time period but you should immediately consult with an experienced malpractice attorney.
Depending on reasons... View More
I received two deltoid muscle injections as part of a treatment at a hospital 16 days ago, administered by a registered nurse. During the injections, my arm felt a burning sensation followed by soreness, and two days later, I developed sharp, shooting pain that continues in my right arm. These... View More
answered on Apr 24, 2025
At this point this is a medical issue, not legal. Get to medical specialists as soon as possible. Besides getting the diagnosis and treatment you made need, it will help in analysis if there is a potential malpractice case.
Do keep in mind the 1 year deadline to file a lawsuit for... View More
I am experiencing health issues, such as rapidly elevated thyroid levels, hives, and disorientation, due to mold exposure in my workplace. Two weeks ago, during construction, a strong smell of chemicals or mold caused multiple employees to report symptoms like headaches and dizziness, yet no... View More
answered on Apr 24, 2025
You can report the dangerous workplace conditions to OSHA. As to your health related conditions, you make a claim for workers compensation benefits. Good luck to you.
I am experiencing health issues, such as rapidly elevated thyroid levels, hives, and disorientation, due to mold exposure in my workplace. Two weeks ago, during construction, a strong smell of chemicals or mold caused multiple employees to report symptoms like headaches and dizziness, yet no... View More
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answered on Apr 24, 2025
Dear concerned employee,
Your situation is unfortunate but not unusual. Fortunately, not all mold exposures lead to long-term health issues. Yours seems to be significant and should be of concern. You have the right to be compensated for any medical cost and disability for your time off of... View More
I need urgent help. My brother has been in the ICU since last week, and we just received a call from the hospital. We believe the Gardena Police Department beat him up. The hospital staff initially contacted us but are now acting as if he is in custody and won't allow us to see him without... View More
answered on Apr 23, 2025
To address the alleged police misconduct, several legal actions are available. A civil rights claim under 42 U.S.C. § 1983 can be pursued against the Gardena Police Department for excessive force, violating your brother’s Fourth Amendment rights, provided the officers’ actions were objectively... View More
My brother, who suffers from epilepsy and lives at a sobriety program, is in the ICU with head injuries and bruising. Records show he was arrested on 4/15, supposed to have court on 4/17 in Inglewood, but was released on his own recognizance on 4/16. Conflicting reports say he was brought to the... View More
answered on Apr 23, 2025
First, you can investigate the hospital’s failure to notify you, as California law requires hospitals to make reasonable efforts to contact family members within 24 hours if a patient is incapacitated. If this obligation was not met, you may request documentation of their efforts, which must be... View More
I experienced medical malpractice on April 2, 2024, resulting in compartment syndrome, rhabdomyolysis, surgery on my wrist, and a concussion. I've undergone two surgeries and physical therapy since then. I have already filed complaints with the California Department of Public Health and the... View More
answered on Apr 22, 2025
In California, a medical malpractice lawsuit must be filed within one year of your discovering the malpractice or within three years of when the malpractice occurred, whichever comes first. So if you knew of the malpractice on April 2, 2024, the 1 year statute of limitations has passed. But if you... View More
I was involved in a car accident in California where I was not at fault. During mediation, the final offer was $100,000, but my attorney advised waiting. Two weeks later, I received a release for $85,000 without prior notice. I requested to see the other party's proposal offer, the total... View More
answered on Apr 21, 2025
There are several red flags that indicate cause for concern, and others do not.
The portion coming from your own insurance company would not be included in the release.
It is unclear why the settlement is no longer $100,000.
Liens can be negotiated, in some situations,... View More
I am seeking advice on filing a lawsuit in California for Intentional Infliction of Emotional Distress and Elder Abuse. The wrongful acts have been ongoing for over 15 years and have worsened. As a 77-year-old plaintiff, I have suffered extreme emotional distress due to this conduct and can... View More
answered on Apr 21, 2025
To pursue an IIED claim, you must demonstrate (1) extreme and outrageous conduct by the defendant, (2) intent or reckless disregard for causing emotional distress, (3) severe emotional suffering, and (4) a direct causal link between the defendant’s actions and your distress, as established in... View More
I am seeking legal assistance regarding a medical malpractice case involving my father's surgery. He was scheduled for back surgery, and prior to that, he underwent laser stomach surgery. After the surgeries, he experienced severe stomach pain and bloating. Despite our continuous reporting to... View More
answered on Apr 17, 2025
I'm very sorry to hear of your father's passing. It sounds like you may have a valid malpractice case, but as with all such cases its success will depend on the specific facts and timing. For medical malpractice cases, there is a 1-year Statute of Limitations, meaning you must file your... View More
On November 4, 2024, my 75-year-old uncle experienced a fall at a rest area that resulted in a brain injury. At the hospital, he mentioned he couldn’t remember if he hit his head, yet they only checked his left shoulder, elbow, and knee before sending him home. On March 28, 2025, he collapsed,... View More
answered on Apr 16, 2025
I'm sorry to hear of your uncle's injuries. With personal injury and malpractice cases, it's important to act swiftly as there are Statutes of Limitation that apply and may prevent a claim from being made if it is made too late. For medical malpractice in CA, the SOL is 1 year from... View More
I helped a neighbor whom I was caregiving sell her home for $165,000, though she initially asked for $90,000. She agreed to list it at $165,000, and when it sold, she told me she would keep my commission from the sale in her account for safekeeping. I agreed and used her credit card with permission... View More
answered on Apr 15, 2025
Under California law, elderly fraud charges, particularly under § 368 (crimes against elders and dependent adults), can arise when someone in a position of trust, such as a caregiver, is accused of theft, embezzlement, or fraud involving an elder’s property, especially if the victim is over 65... View More
I joined Amazon in a warehouse position when I was six months pregnant in September 2023. Despite having a doctor's note restricting me to 8-hour shifts and limiting heavy lifting, my manager and HR team did not adjust my schedule, and I worked 12-hour shifts with heavy lifting and stair... View More
answered on Apr 19, 2025
First, put your concerns in writing to HR so there is a record of your concerns. it is often easier to win retaliation and whistleblower complaints than discrimination claims. Further, the complaint will be key evidence for your claim. It should include a chronology of events and attach any... View More
My adult daughter has been experiencing debilitating dizziness and head pressure for two years. After months of asking, Kaiser sent her to a neurologist in the summer of 2023, and she was told her MRI brain scan was normal. She recently had another MRI in February 2025, and the neurologist revealed... View More
answered on Apr 12, 2025
If there are additional harm caused from the failure to find and advise of the problem there could be a case.
First, there must be malpractice. Here it appears the doctors breached the standard of care.
An attorney would have to study what harm was caused by the breach and see if it... View More
I'm a pro se litigant involved in a civil case in California. Initially filed as a medical malpractice case, it turned out to be a fraud case. There's a record indicating scienter regarding a nonexistent terminal disease, which enabled hospice fraud. I am not the prevailing party and am... View More
answered on Apr 10, 2025
Your reading of CCP Section 663a(b) is partially correct, but allow me to clarify the precise deadlines to ensure compliance. Under California law, a motion to vacate a judgment pursuant to CCP Section 663 must be preceded by a notice of intention to move to vacate, which must be filed within the... View More
In early March, my husband passed away, and I believe it was due to a malfunction of his new insulin pump. The pump kept failing, which may have resulted in incorrect insulin dosing. I reported the issue to the manufacturer and relevant authorities, and I have records of all his calls to the... View More
answered on Apr 11, 2025
So so sorry to hear this. Definitely avoid too much interaction with insurance companies, yours or the hospitals' or doctors' and reach out to speak to counsel asap to best protect any/all claims here. IF the attorney is experienced but not say in this area of law, s/he may have a good... View More
I recently dismissed my attorney from my Workmen's Compensation case by sending a Notice of Dismissal with a cover sheet and Proof of Service. I processed all paperwork downtown and mailed out notices to all parties two days ago. However, I haven't received any documentation indicating my... View More
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answered on Apr 8, 2025
Dear injured worker,
It appears that you properly processed the paperwork however you want to be sure that it is processed through the WCAB as well. Also available to you at the WCAB is the Information and Assistance officer who is skilled in assisting individuals who are self represented.... View More
I went in for a planned outpatient laparoscopic cholecystectomy and awoke to find out that the surgeon had accidentally cut the common bile duct, putting me at risk for biliary sepsis. I was transferred to another hospital and underwent exploratory surgery to repair the bile duct injury. This... View More
answered on Apr 8, 2025
It sounds like you might have a case but in order to move forward you will need a surgeon on your side stating that medical malpractice occurred. The defense will also hire an expert to state that it wasn't medical malpractice. We call this a fight between experts. The cost to hire YOUR expert... View More
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