By | November 26th, 2013

QUESTION: Do I have to file a lawsuit to get the policy limits from that at-fault driver? He rear-ended me and was speeding. 3 attorneys have declined to take my case. The police report says that he was speeding and was at fault. He refuses to release his policy limits, is 24 years old, works minimum wage job, lives with parents, has a cheap car ($1,900). The attorneys said that he might have bodily injury liability of $15000 and it is not worth their time. I have little-underinsured insurance, my.

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By | November 26th, 2013

QUESTION: My mom received a check for a personal injury settlement. How will that affect her SSI and medical benefits along with her living under section 8? I am also living with them as my father’s caretaker. ANSWER: A binding settlement is reached upon timely and proper acceptance of the proposed terms. At that point, the offer, together with original proof of acceptance, may be submitted with a written judgment for the court’s signature and entry of judgment. Where a settlement, judgment or award fails to specify the portion representing.

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By | November 26th, 2013

QUESTION: How do you go about getting medical bills, pain, and suffering, etc (restitution) after a DV case has been closed? In the mist of the trial, I was asked to send in copies of my medical bills to the DA that I received in result to me going to the emergency room after a DV assault. So that the judge could order them to be paid. I sent x-ray readings etc. When the case came to a conclusion the DA returned to me stating that the defendant did not.

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By | November 24th, 2013

“Causation” is an essential element of a tort action. Defendants are not liable unless their conduct such as the act or omission constituting a breach of duty to plaintiff was a “legal cause” of plaintiff’s injury. [Saelzler v. Advanced Group 400 (2001). Legal causation is generally a question of fact to be determined by the jury … unless, as a matter of law, the facts admit of only one conclusion. [Ortega v. Kmart Corp. (2001)].  The burden of proving lack of causation is properly shifted to a defendant who, being.

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By | November 24th, 2013

QUESTION: My roommate who was a foreign student who stayed with me and my parents for a while had an auto accident in April 2014. I was told that her insurance company had already paid for the damages and the case was closed. After the case was closed, my roommate went back to her home country. Yesterday, my father received the summons and complaint. I think the other party has started a civil lawsuit against my former roommate. Should I call the lawyer and explain that she does not live.

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By | November 24th, 2013

QUESTION: There was a property damage accident to our classic car, the party at fault insurance paid out, and was not enough to fix the car, so our insurance sent us a check. We were never told we could take one and not the other. Now 3 years later we got a letter from our insurance saying we have to pay the amount to them which the other insurance paid us-because they settled and the amount of 3kas subtracted from the settlement. If we do not pay within 10 days.

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By | November 24th, 2013

QUESTION: I want to know how much of the money needs to be paid to my healthcare provider which are Kaiser, as well as my brother’s which is Medicare if I settle with the other person’s insurance company for a house fire accident. Is there a maximum or will they take it all? The insurance company agreed to pay the maximum that is the reason why we didn’t have a choice but to settle. They will pay ¼ of our medical bills. However, we lost everything including income. What percentage.

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By | November 24th, 2013

QUESTION: I had a serious car accident and I was refused medical help. Is it normal in the US or can I do something about it? I’m a tourist in the US and I was in a serious car accident on a freeway in LA (passenger-not our fault). The paramedics took me to a community hospital but neither a doctor or nurse looked at me because they said as long as I can stand on my own feet, I’m fine. I suggested that an x-ray or general exam might be.

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By | November 24th, 2013

QUESTION: Can my dentist bill me one year later after the final service as revenge for my complaint to an insurance company and Dental Board? I took a root canal treatment from my last dentist S one year ago. But several months later, my inflammation came back and even worse. My new dentist Z told me that my inflammation is all caused by the incorrect root canal treatment which was done by S. But S denied that. After that, I got a dental surgery for my tooth from a specialist..

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By | November 24th, 2013

QUESTION: Does California State law state that medications for children can be given one hour before or after the stated time before it is considered negligent? ANSWER: The California State Law does not provide for a specific period of giving medication for children. Where a negligence action is predicated on defendant’s violation of a statute, ordinance or public entity safety regulation, plaintiffs may be entitled to the benefit of the “negligence per se” doctrine in establishing their prima facie case. This doctrine presumes defendant’s duty and breach (failure to exercise.

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