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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By | November 17th, 2013

QUESTION: I am wondering if tapping into my uninsured motorist will cause my rate to go up. There is a chance that I might be said to be partially at fault for the accident. In reality, I was a pedestrian sighted for jaywalking. But the driver who hit me was sighted also because they backed into me. I have a lawyer but just want to know others’ thoughts on the issue of my insurance premium. ANSWER: Subject to exemptions for excess and umbrella policies and in the absence of proper.

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By | November 17th, 2013

QUESTION: Should I accept the policy limit of the at-fault driver, even if it only covers a fraction of my damages? Fourteen months ago, I was involved in a motorcycle crash where the at-fault driver failed to stop at a red arrow left-turn-light. The medical bills alone amount to about $100,000, but the liable driver’s insurance policy maxes out at $15,000 for bodily injury. I did not carry uninsured/underinsured motorist coverage. My attorney says a background check on her did not reveal any assets they could go after in a.

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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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