Hogan Injury > Blog > Personal Injury

Attorneys Keeping All Documents in Retainer’s Agreement

By | November 15th, 2013

QUESTION: What does an attorney gain by keeping all the records of the auto injury/medical records before signing a retainer’s agreement? – I went to see an Auto injury attorney and he wanted to keep all the prior third-party insurance letters and all the records including medical records for this accident, which he wants to keep for a couple of days before making up his mind about taking this case or not. What are the disadvantages for me? Can this attorney scan my documents and save them on his computer?.

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Incorrect Diagnosis Leading to Wrongful Death

By | November 12th, 2013

QUESTION: My wife died from a virus that doctors believe was caused by an infusion type drug for lupus. After an incorrect diagnosis of Lupus Cerebritus specialists diagnosed her as having the JC virus which caused PML in her brain. She passed away about 3 weeks after this diagnosis. The specialists believe that the virus was caused by the drug Ben-Lysta which was prescribed to her for control of her lupus symptoms. I am not sure if this would fall under "failure to diagnose", "bad drug", or "wrongful death". Do.

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Insurance Claim for Injuries Due to Malfunctioning Facility

By | November 12th, 2013

QUESTION: My mother got hurt on her right arm and right leg in a local hospital caused by a malfunctioning elevator. She went the same hospital for a check-up but was still being charged for her visit even though she informed them that such incident occurred within the hospital premises. She could not sleep at night and is in pain to the point wherein she even got a fever. Do I have a case? ANSWER: A hospital’s professional duty is “primarily to provide a safe environment within which diagnosis, treatment,.

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Sexual Battery Claims Against a Medical Professional

By | November 12th, 2013

QUESTION: I was sent to see a pain doctor. He came into the exam room and told me I had to sit next to him. I didn’t want to but he insisted. During his questioning, he repeatedly put his hand on my leg. I dismissed it thinking he was just a touchy person, but later after he said he couldn’t treat me and I was about to leave he said he needed to listen to my heart. So I sat down again and he put the scope down my top.

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Knowing Your Options in a Car Accident Personal Injury Claim

By | November 12th, 2013

QUESTION: Last night I was getting off the freeway ramp and realized that the car in front of me decides to slow all the way to about 10mph. I decided to get into the other lane, drive up, and safely get back to the original lane I needed to get into. I asked the passenger what he was doing, and she told me that he was full on texting while driving. I stopped at the stop light ahead, and 5 minutes later I feel a ram into my car and.

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Public Interest and Your Presumed Role as a Public Figure

By | November 3rd, 2013

QUESTION: I am taking a person to small claims court for defamation. She has made some very serious and provably false claims about my conduct as the immediate past treasurer of a small political club (less than 200 members). One of her buddies, who also happens to be a local (estate planning) attorney, has trumpeted her likely defense strategy in an email to me and others. He made reference to "malice," "innocent communication" (by which I think he actually meant "innocent misrepresentation"), and "the public interest," all of which suggests.

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On Disclosing Your Policy Limit in Insurance Settlement

By | November 2nd, 2013

QUESTION: I was in a rear-ending accident in May 2012. The police officer at the scene reported that it was my fault. The officer advised me not to talk to the person in the other car that is why I did not know if they were hurt. I did not follow up with my insurance company for about 6 months. I got a letter last week from the other guys’ attorney asking for my policy limits. They are $100,00/300,000. Should I willingly give them my limits? I want to protect.

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Legally Blind Person Directly Involved in a Car Accident

By | November 2nd, 2013

QUESTION: My cousin was struck by a car in a shopping mall parking lot in California. He is legally blind (almost no sight) and was carrying his white cane. The parking lot is usually busy with lots of people walking to and from their cars and crossing to the stores from the street. At about noon on a clear day, he was crossing the parking lot to the sidewalk when a driver backed out of a parking space. It appears from the diagram in the police report that he was.

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Sustaining Injuries in Public Space

By | October 23rd, 2013

QUESTION: I met an accident at a tennis court which is a city-owned property. One week ago I fell against a fence which gave way and exposed a gopher hole. I stepped in and fell which broke my femur. ANSWER: The California Government Act abolishes all public entity common law tort liability. State public entities may be liable for personal injury and wrongful death only if a statute expressly so authorizes. Although several sections of the Act provide for government entity liability under specified conditions, many sections also grant public.

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Dental Injury Due to Adulterated Food

By | October 23rd, 2013

QUESTION: While eating a fish taco at a local restaurant, I bit into a rusty screw in that taco. It crushed a crown on an upper tooth that now has to be removed and replaced. I have been in discomfort and my dentist feels there is possibility of future infection due to potential damage to the tooth’s root. Should I pursue legal action? ANSWER: Providers of contaminated or “adulterated” food may be liable on product liability and breach of warranty theories if the injury-causing substance is foreign to the food.

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