By | October 23rd, 2013

QUESTION: I fell at my rental on Dec. 21, 2011 and broke a bone under my eye, had to have surgery .The owner said she wasn’t responsible, although we were all told management wouldn’t change light bulbs, etc – we all had to do our own changing light bulbs, gardening, etc. I went out to change the outside light bulb and was carrying a huge ladder. The ladder legs got caught in the landscaping around the pretty stones at my unit and I fell face first on the cement. I.

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By | October 23rd, 2013

QUESTION: My son got punched in the face by another scout on a boy scout camping trip. The kid who punched him was 16. The only thing is that I signed a waiver of liability of Boy Scouts, so what can I do legally? Oh and the boy scout leadership did not take any disciplinary action with him. I have a picture to prove it along with 3 witnesses. ANSWER: Clearly, the person who sustained personal injury as a proximate result of the wrongful act of another can recover compensatory.

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By | October 23rd, 2013

QUESTION: I had two seizures, work there. I went to the hospital but did not tell anyone. Can I sue for stress? ANSWER: Ordinarily, the most “valuable” element of a bodily injury claim is the right to compensation for all “pain and suffering” plaintiff has sustained, and will endure, as a proximate result of the injury. These are plaintiff’s “general damages,” and may run far in excess of the “special damages” (e.g., earnings loss and medical expenses). Pain and suffering” is a unitary concept, encompassing all the physical discomfort and.

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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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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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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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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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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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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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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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