Hogan Injury > Blog > personal injury case

Incorrect Drug Prescription Leading to Cancer Risks

By | September 5th, 2013

QUESTION: My mother-in-law was diagnosed with stage 4 gastric cancer in July 2012 and she is currently under treatment. She had been taking the drug azathioprine for Crohn’s disease. Immediately upon diagnosis she was ordered to stop azathioprine. After doing some research, we found that azathioprine is a known carcinogen and increases risks of cancer. What kind of attorney do we need? What information are necessary for us to pursue a case against a prescription drug company? ANSWER: You need a lawyer specializing in personal injury cases. Many personal injury.

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Adulterated Food-Induced Injury: What Claim to Take?

By | September 5th, 2013

QUESTION: My boyfriend just bought a sub from the deli at El Ray Grocery store. I took a bite out of it and something split my lip open. It bled for almost 5 minutes! Can I sue them for this? When I called them, they said “Yeah, something could’ve fallen into the bread. Come in for an incident report and bring the sub for a refund.” Can I sue El Ray Gorcery? ANSWER: Providers of contaminated (“adulterated”) food may be liable on product liability and breach of warranty theories if.

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Slip and Fall: Who is At Fault?

By | August 11th, 2013

QUESTION: I slipped while going down the stairs in my cousin’s apartment complex. The stairs were broken and the railing was hanging. I received a treatment from the ER for a sprained ankle, and had to go to therapy after. Who is at fault for the poorly maintained property? ANSWER: Landowners and possessors of land owe a nondelegable duty to put and maintain the premises (including its buildings and structures) in reasonably safe condition [CC § 1714(a)].  If it is proven that the said landowner or possessor is liable, the.

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Claiming Damages Due to Injuries from Purchased Food

By | July 24th, 2013

QUESTION: I bought a Milton’s Chicken and Rice Meal from Costco like I had been doing for years. When I bit into a big piece of chicken, I found out that it had a bone in it. The bone took chunks off my teeth. If I hire a lawyer, will I get more than $6,000, which is the amount the dentist said will cost to fix it, so that I can pay the lawyer and have my teeth fixed too? ANSWER: A claimant is entitled to recover the reasonable value.

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Understanding the Compensation in a Premises Liability Claim

By | July 16th, 2013

QUESTION: How is compensation determined in a premise liability claim? Is there a formula for determining compensation/settlement in a personal injury case, specifically a premises liability claim? How much can reasonably claimed for “pain and suffering” and/or emotional distress. ANSWER: Mass-producers of residential homes and lessors in the business of renting residential units are exposed to strict liability for defects in an integral part of the building structure (e.g., defective shower door, defective heating system. But the overall complex (the entire premises) wherein the housing is constructed is not itself.

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Child was Hit by a Car After Exiting Her School Bus

By | July 16th, 2013

QUESTION: My daughter was crossing in front of her stopped school bus and was struck by a car. The bus driver turned the lights off prematurely. Is this negligence? ANSWER: While negligence is often pleaded as an alternative theory, the strict liability cause of action does not require proof of “duty” and “breach” (conduct falling below the applicable “reasonable” standard of care). In other words, negligence focuses on “reasonableness” of the defendant’s conduct.

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Shareholder or Corporation: Naming the Correct Defendant

By | July 1st, 2013

QUESTION: I contracted food poisoning from a fastfood restaurant and need to take them to small claims. This is a national chain and the individual restaurant is owned by XYZ Corp. I have their agent for service of process from the state website. How do I list the defendant? Is it XYZ Corp. or Fast Food Restaurant? I am confused because the corporation did not make me sick, but they are the legal owners of the restaurant that did. ANSWER: Ordinarily, shareholders are not personally responsible for corporate liabilities. However,.

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Cross-state Mediation and Deposition: Who Will Shoulder the Cost?

By | July 1st, 2013

QUESTION: I live in California and I am involved in a personal injury case in Tennessee. My lawyer here in California hired a lawyer in Tennessee to handle the case there. They want me to fly to Tennessee for depositions and mediation. Can one or both of these firms pay for my airfare and hotel? Is this customary? Or am I on my own? ANSWER: Ordinarily, except for experts ordered by the court, expert witness fees incurred by the prevailing party are not an item of recoverable costs in California state.

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Determining the Damages to be Awarded in MVA

By | July 1st, 2013

QUESTION: I got hit by a car and my neck was hurt, and my bike was broken. Should I be getting more than $500? It was not my fault and I had the right of way because the light was green. ANSWER: Damages for personal injury cases vary depending on the case. There is no set amount of money, whether minimum or maximum, that applies to every case as each case is different. However, there are some basis to the awarding of damages, such as the more measurable economic damages.

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Personal Injury in a Recreational Property

By | June 24th, 2013

QUESTION: My friend’s mother tripped over a curb in Disneyland’s California Adventure. She suffered injuries on her forehead and wrist. It happened at night and the curb was painted the same color as the walkway, making it hard to see especially at night. Do we have a case? ANSWER: A personal injury case may be borne out of the incident causing the injury provided that the same falls under the exception to the general rule of the so-called “recreational use immunity”. Generally, landowners and others with a possessory or non-possessory.

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