Patrick Hogan | Hogan Injury

Liability and Damages in Adulterated Food Case

By Patrick Hogan | June 24th, 2013

QUESTION: I broke my tooth due to the object in a restaurant food. The restaurant is already paying for the dentist but I will need to stay in town to complete the repair. The event has ruined the weekend and the upcoming week. Do I have a case? ANSWER: The restaurant may be liable for damages provided that there exists negligence on their part in preparing your food. However, the burden of proving the non-existence of negligence may be shifted on the defendant in an adulterated food case if the.

Variety of Contingency Fee Possibilities

By Patrick Hogan | June 24th, 2013

QUESTION: I gave a $1,500 retainer that I thought applied to the contingency fee which is the injury portion of the case. However, my attorney is charging 33% to my car repair recovery. Is this the norm? “LEGAL FEES, COSTS AND BILLING PRACTICES: You hereby grant us a contingent fee on your claims equal to thirty-three percent (33%) of any net recovery you may obtain. “Net recovery” means (a) the amount of any settlement, judgment, arbitration award, or other recovery received; (b) minus any costs advanced on your behalf pursuant.

Bronchial Damage from Negligent Surgery: Do I Have a Case?

By Patrick Hogan | June 24th, 2013

QUESTION: I had a gallbladder surgery in February. Four days later I began to complain about sore throat and cough. My PCP said there was nothing wrong. I went to the ENT who saw the torn uvula. He stated this happens during improper intubation during surgery. Then I went to the Pulmonist calling for a bronchotomy to assess airway and voice box damage. Can I sue an anesthesiologist for causing a torn uvula and bronchial damage? Does the paperwork that is signed when you go to the hospital void your.

Understanding Under-Insurance Benefits

By Patrick Hogan | June 13th, 2013

QUESTION: My client is in a friend’s car. The friend causes an accident with a truck. The truck is also partially at fault. Friend’s policy limit of $15,000 was offered and truck offers $45,000. The client has UIM of $100,000. Can I make UIM claim here ($40,000) even though policy limits of truck are not exhausted? Ins. Code 11580.2 (p) 3&4 seem to apply but they seem to contradict each other. ANSWER: The insured’s right to under-insurance benefits does not accrue until after he or she exhausts the tortfeasor’s policy.

Getting Policy Limits from Two Parties at Fault

By Patrick Hogan | June 13th, 2013

QUESTION: If you are making an under-insured motorist claim and there are two parties at fault, do you have to get policy limits from both parties before you can make your UIM claim? ANSWER: It would be important to get the policy limits of each party at fault because the Under-insured Motorist Coverage is triggered only if the tortfeasor’s (other driver’s) policy limits are less than claimant’s policy limits [Ins.C. §11580.2(p)(2)]. Thus, claimants are not entitled to under-insured motorist policy benefits where the tortfeasor has the same or higher policy.

Is Violation of a Restraning Order a Crime?

By Patrick Hogan | June 13th, 2013

QUESTION: My father moved in to live with me after he left his wife. He said she was abusing him physically, mentally, emotionally and financially. She held a gun to his head and said that she wished he would die. He was going through divorce and settlement when he had a heart attack. When he was released with a diagnosis of GI Tract tear and bleed and infection he was to immediately pick up his prescription for antibiotics to keep him alive. When he was to pick them up along.

Case Against Veterans Administration by an Officer with PTSD

By Patrick Hogan | June 13th, 2013

QUESTION: I am in East Bay in San Francisco. I was turned down on my claim. My shipmate died and I was picked up by a jet blast and thrown down the deck. I was going overboard until my boot caught a small railing and I was slammed down on the catwalk. I don’t think they know what it is being on a flight deck. It is that being in the service, your higher ranks will tell you to just suck it up if you complain, and the word gets.

Liability on Disrupted ICD Caused by Tortuous Act of Landlord

By Patrick Hogan | June 13th, 2013

QUESTION: Is the landlord liable if I get shocked by an exposed electrical wire after the landlord told me to jiggle wires to get the air conditioner working? He lives out of state. I am currently awaiting a heart transplant and have an implantable cardiac defibrillator (ICD) in me. The electrical shock disrupted my ICD unit and needed to be replaced 2 weeks later, which cost about $90,000. ANSWER: Your landlord may be held liable for damages if you can prove that he was negligent when he advised you to.

Deportation of a Naturalized Citizen Due to Multiple DUI

By Patrick Hogan | June 5th, 2013

QUESTION: My dad became a naturalized citizen in the 90’s. He was picked up yesterday for DUI. This isn’t the first DUI he has had, and I was told by a few friends that they can take away his US citizenship and deport him after a certain number of DUI. Is this true? ANSWER: For DUI committed after naturalization, no. Also, a naturalized US citizen will most likely NOT be deported for a crime committed after he was naturalized, unless the naturalized citizen obtained their status through fraud, or have.

Injured by Police Dog Attack: Do I Have a Case?

By Patrick Hogan | June 5th, 2013

QUESTION: Would I have a case against the police department if their dog almost tore my leg off? The calf on my leg is pretty much gone. No charges were brought against me. I can email pictures. ANSWER: That depends on the situation. But the no action could be brought against the police if the dog biting incident occurred during the apprehension or holding of a suspect where the police has a reasonable suspicion of the suspect’s involvement in criminal activity, or in the investigation of a crime or possible.

Would you like to discuss your legal matter?

PHONE

Jack Morgan CALL US! 866-205-4971

We will assist in scheduling new and existing clients for all offices. For initial consultations we will ask you a few questions and then find the best time for you to talk to one of the lawyers that best fits your legal matter.

Call us or use the email form and we will follow up with you right away.

EMAIL

The Law Offices of Hogan Injury will provide you with personalized attention and guidance. Protecting your rights is our main objective. We have been representing clients for the past 30 years and our experienced team of attorneys will advise you of the legal consequences of every decision you take.

Liability and Damages in Adulterated Food Case

Variety of Contingency Fee Possibilities

Bronchial Damage from Negligent Surgery: Do I Have a Case?

Understanding Under-Insurance Benefits

Getting Policy Limits from Two Parties at Fault

Is Violation of a Restraning Order a Crime?

Case Against Veterans Administration by an Officer with PTSD

Liability on Disrupted ICD Caused by Tortuous Act of Landlord

Deportation of a Naturalized Citizen Due to Multiple DUI

Injured by Police Dog Attack: Do I Have a Case?

Search

Areas of Law

Categories

Would you like to discuss your legal matter?

PHONE

EMAIL

SAN FRANCISCO

OAKLAND

SAN JOSE

MODESTO

STOCKTON

SACRAMENTO