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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By | November 2nd, 2013

QUESTION: I am looking for a large law firm specialist and professional in automobile accident to handle my both car accident cases must be from out of state. On December 15, 2011, an electricity heavy duty Ford white truck hit my car which almost got me killed. On July 18, 2013 another car accident occurred when a gray Jaguar hit my Ford car 2002. The driver hit the road amidst the stop sign. Both the car owner and the driver do not carry a valid insurance coverage. I am under.

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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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By | November 2nd, 2013

QUESTION: I was getting out of the car in the parking spot in a main street. I made sure that no cars were in motion at that moment, so barely opening the door, a guy who was speaking on the phone smashed my car. The police officer was not even there but he claimed that it was my fault. He did not allow me to talk, instead he just said that I could get a ticket. He went on and listened to the other guy’s version and did not include.

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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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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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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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By | October 23rd, 2013

QUESTION: I fell in Albertson’s Grocery store, Santa Ana due to water on the floor last March. I had a back surgery last week. How long shall it take for a settlement proceeding in a slip and fall case? ANSWER: As a general rule, the burden of proving negligence liability in slip and fall cases rests on the plaintiff.  No inference of negligence can arise simply upon proof of a fall on the defendant’s floor. This is so even when the fall is associated with a slippery object, “because objects.

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By | October 23rd, 2013

QUESTION: I am owed 250,000 from my personal injury lawsuit that occurred when I was a minor (15 years old) in LA county, CA. My mother, who is an attorney, represented me in the case and has lied about the money for years. I didn’t find out that it was mine until 26 years old. I am now 31 years old and need to get it from her. I have the case number, a letter from my mother saying she owes me 250,000, and I need to know the next.

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By | October 23rd, 2013

QUESTION: I have a Workers Compensation case open and it is going on 2 years in December. I’ve had many tests done and my last resort is surgery. The accident was from a fall over some boxes on the floor at work. Can I file a personal injury claim? ANSWER: Ordinarily, an employee’s rights against his or her employer for on-the-job injuries lie solely under the workers’ compensation law—i.e., when the “conditions of compensation” are present (Lab.C. § 3600), the employer is immune from civil damages liability because workers’ compensation.

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