Hogan Injury > Articles by: Patrick Hogan

Finding a Replacement Lawyer in an Ongoing Case

By | October 23rd, 2013

QUESTION: How do I find a lawyer who will take over or substitute an accident case which is already in progress and partially settled? ANSWER: Reported appellate decisions can be an excellent source for determining which attorneys to contact. The decisions always contain the names of the lawyers who tried a particular case. If, in reviewing the advance sheets or conducting legal research, you find a recent case involving issues similar to yours, consider contacting the attorneys who tried the case; usually they will gladly identify the experts they used.

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Personal Injury Case Based on Negligence in a Mall

By | October 23rd, 2013

QUESTION: Yesterday a daughter of a friend got hurt at mall and now she is in surgery and might lose an arm. I think she was climbing on some sculpture. Anything we could do? ANSWER: A personal injury case based on negligence may be filed. Ordinarily, the burden of proving negligence rests on the plaintiff. However, a presumption of negligence on the part of the defendant may exist, called the doctrine of res ipsa loquitor, provided that the following requisites are present: That the accident is of a kind which.

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Claim on Insufficient Appraisal Value of Damaged Motorcycle

By | October 23rd, 2013

QUESTION: My motorcycle was parked. It was hit by a car, whose driver admitted fault. Her insurance appraised my bike and sent a $1400 check. However, the appraiser did not list some of the damaged parts, even though I am sure they are visible in the pictures he took. The additional parts amount to $600, but the insurance has refused to pay for those. They requested I leave the motorcycle to a mechanic to have it reappraised (they refused to send an appraiser at my work place again), but the.

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Being Charged For His Son’s Death Using His Gun

By | October 3rd, 2013

QUESTION: My son shot himself with my gun, can I be charged for his death? My gun was locked away in my safe at home, key was hidden. However, my son found my gun and shot himself. He never left a note. I am being charged for his death. ANSWER: A wrongful death action may lie for a suicide. Where defendant owed a duty of due care to the victim and defendant’s act or omission was a substantial factor in causing the suicide, defendant is not exonerated from liability on.

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Demand Letter: Medical Bills Reimbursements

By | October 3rd, 2013

QUESTION: In a personal injury case, do you request reimbursement for co-pay fees of the actual costs that a hospital would charge without insurance? I was in an automobile accident and received medical treatment from a Kaiser Facility. My concern is when writing a demand letter, do I list only the co-pay fees or the actual fees that would be charged for the services received. ANSWER: Some insurance policies (e.g., Kaiser) cover the insured’s medical bills, but give the carrier a right of reimbursement from the insured claimant in the.

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Hurtful Threats In School, Can You Sue For Assault?

By | October 3rd, 2013

QUESTION: Can I charge this person with assault? I’m in high school and this girl has continuously been threatening to hurt me physically. I am too mature to lower down to her level so I just ignore her but it’s been going on since last year. We did contact the school to have the problem resolved but they did nothing. There are many witnesses who have seen and heard her threaten me. I believe that according to penal code 240 it is an assault however I am not sure of.

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Injury in School Playground, Can You Sue the School?

By | October 3rd, 2013

QUESTION: My 5 year old daughter fell off the monkey bars at her school during recess and broke her arm, can I hold the school liable? My child started kindergarten on Monday, August 12th, and was playing on the school playground during recess on Wednesday, August 14th. She fell off of the monkey bars and broke her arm, and now is not able to go to school with this cast on since she is unable to use the restroom by herself, unable to write and unable to open food items.

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Can You Sue a Friend For Breaking a $65 Prescription Lenses?

By | October 3rd, 2013

QUESTION: My friend less than a month ago stepped on my glasses which was prescribed to me. I told her I just got it recently and that I need her to pay to get them fixed or else I would fix it using her money, however, she refused to pay. I’m having a lot of trouble seeing. I have to wear my glasses 24/7, and I’m having headache. It’s terrible and I need my glasses but she refuses to pay me. Can I sue my friend even though the cost.

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Gym Injury: Can I Sue the Gym?

By | October 3rd, 2013

QUESTION: I was injured at a gym under instruction due to their equipment. Should I sue? I was taking an acrobatics class and was told by the instructor to execute a flip. I landed as instructed, but the pad the instructor provided didn’t give enough cushion. I went through the pad, hit the ground, and significantly damaged the muscles in my lower lumbar. I couldn’t afford to go to the doctor at the time. The insurance company didn’t contact me for two months, they don’t seem to listen to me,.

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Recovering Insurance Benefits: Rights of Wrongful Death Claimants

By | October 3rd, 2013

QUESTION: I have a 12 year old son who was killed in Nov 2012. His father and I were divorced with legal custody 50/50. He filed an unlawful death suit with the insurance company. He wanted to settle without my knowledge. They in turn contacted me and said that they cannot do anything without me. The insurance company has now settled with him separately because I denied having to pay for his personal attorney’s fees. No one contacted me regarding this as the same was only brought to my attention.

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