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California Personal Injury Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, 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

2 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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2 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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1 Answer | 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

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

1 Answer | 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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1 Answer | Asked in Personal Injury for California on
Q: Amending interrogatories by propounding party

If a propounding party would need to amend interrogatories that were just served,

Is there specific requirement for format?

Specifically, is it acceptable to put in signature space of interrogatories a statement, note with signature, that this is amended version?

James L. Arrasmith
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answered on Jun 27, 2024

When you need to amend interrogatories that were just served in California, there are specific procedural steps to follow, but the format can be flexible. You should clearly indicate that the interrogatories are amended to avoid any confusion.

Including a statement in the signature space...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Liability for referral to hospice.

Doctor defendant knowingly records non-existent terminal disease on admission to hospital, out of network for patient's insurance. Further, patient get's referred to hospice based non-existent terminal disease. Doctor can claim that could not be aware about consequent referral to hospice.... View More

James L. Arrasmith
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answered on Jun 27, 2024

This is a complex legal question involving medical malpractice and potential fraud. To properly assess liability, several key factors need to be considered:

1. False diagnosis: If the doctor knowingly recorded a non-existent terminal disease, this could be considered medical malpractice or...
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1 Answer | Asked in Personal Injury and Municipal Law for California on
Q: Seeking Advice on Denied Claim for Tire Damage Due to Negligence by City of Los Angeles?

I recently had my claim denied by the City of Los Angeles for a flat tire caused by a screw picked up from uncollected trash on a public street. Despite providing evidence, my claim was rejected. What steps can I take next to appeal this decision or seek compensation? Are there specific attorneys... View More

James L. Arrasmith
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answered on Jun 27, 2024

To address your question about next steps after having your claim denied by the City of Los Angeles for tire damage, here are some potential options to consider:

1. Review the denial letter: Carefully read the reason for denial provided by the city. This may give insight into what...
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2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for California on
Q: Dude lied about threats to get RO against me. Did it to get ccw permit approved. Plans to murder me & claim self-defense

This psycho managed to get an order after hearing against me granted by default when I wasnt given notice, at first I didnt care, but now he keeps popping up at places I frequent and appears armed. I think he used the RO to fake a valid need to protect himself which may have helped him get a ccw... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand this is a very serious and concerning situation. Here are some steps I would recommend:

1. Document everything. Keep a detailed log of any encounters, including dates, times, locations, and what occurred. Save any messages or communications.

2. Avoid contact. Do not...
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1 Answer | Asked in Family Law and Personal Injury for California on
Q: Mi esposo enfermo hace 4 año y es invalido por lo cual yo cuido de él.Ni su hijo,hermanos,ni mamá se hacen cargo. Puedo

Mi esposo enfermo hace 4 años . Actualmente tiene 48 años. Es invalido y tiene problemas neurologicos, ni su hijo mayor de edad, ni sus hermanos ni mamá se hacen cargo de él ni económica ni moralmente. Puedo demandar/denunciar?

Se me hace muy injusto ya que ellos tienen las... View More

James L. Arrasmith
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answered on Jun 25, 2024

Lamento escuchar tu situación. Según la ley de California, no existe ninguna obligación legal directa para que un hijo adulto u otros familiares mantengan financiera o moralmente a su familiar incapacitado. Sin embargo, si existen circunstancias específicas, como un acuerdo legal o una tutela,... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Health Care Law for California on
Q: My daughter is diagnosed bipolar with psychosis can’t honor two leases what can she do

She was project director for AbbVie Pharmaceutical in Irvine making good money until she got invited to a James Bond themed party and somebody slipped her something and she has been like this since. She has been in 5 behavioral hospitals since, there’s alot more but thanks

James L. Arrasmith
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answered on Jun 24, 2024

I'm sorry to hear about your daughter's difficult situation. This is a complex issue that involves both legal and health considerations. Here's some general guidance, but please note that specific legal advice would require consulting with a lawyer familiar with California tenant... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: What is the time frame / deadline, to file a motion to vacate judgment?

I'm the plaintiff in a California civil unlimited, without any notice my lawyer did not oppose the defense's MSJ, and was a no show at the hearing. Lawyer was also sanctioned for not filing the special interrogatories. I lost the case. The judgement posted last week in the docket, but I... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 24, 2024

A CCP 473 motion to set aside a judgment requires it be done within a reasonable time within 6 months. But it should be done right away and not wait six months.

There are also motion for reconsideration and other actions you can consider.

If unsuccessful, your remedy may be a...
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