By | July 16th, 2013

QUESTION: I went to the hospital on June 24 complaining about stomach pain. The doctor only saw me for less than 10 minutes and was very rude. He didn’t give me any blood work or anything when I complained about serious stomach pain. He said he couldn’t do anything for me and that I would have to go to my regular doctor, which I don’t have. He just rushed me out and prescribed pain killers and pills to stop vomiting. He didn’t give me any antibiotics. I went home and.

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By | July 1st, 2013

QUESTION: Can I be convicted of battery for throwing a glass of water at a drunk guy in a bar? I was ticketed when I threw water at a drunk who was mouthing off at a bar. The called the cops who ticketed me without even going inside or questioning anyone. ANSWER: Intentional torts governed by § 815.3 include, but are not limited to, harassment, sexual battery and intentional infliction of emotional distress. Liability may arise if it is proven that causation was present in the case at bar. “Causation”.

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By | July 1st, 2013

QUESTION: I was rear-ended in December. CT shows 2 herniated disks in my neck and lower back. I am in tremendous pain and the insurance company said they will only pay after I have the surgery. I have no health insurance so I cannot afford surgery. They told me to call Medi-Cal. Is it true that insurance companies will not pay for needed surgery until I have the operation and pay for it on my own first? I need an attorney but I don’t know who to trust or where.

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By | July 1st, 2013

QUESTION: I am being accused of not returning a book at the college library. I borrowed the book for only 30 minutes so I could read it before the exam. I left the library at around 10:45. I specifically asked the person at the return desk if I can leave and she said I could. The I got a notice from the library on Friday morning that basically I am being accused of stealing the said book and that I need to return it or pay for it. The book.

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By | July 1st, 2013

QUESTION: If I rode a dirt bike on a country road and got hit head-on by a truck, am I at fault? The road had no dividing lines and the truck was travelling very far to the left, preventing safe passage. The rider of the bike was seriously injured. The accident report stated that the rider slid into the truck, but that is completely false, because the truck hit the dirt bike and the rider in an upright position. ANSWER: You may be proven not at fault provided you were.

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By | July 1st, 2013

QUESTION: I was rear-ended in an accident that wasn’t my fault, and it resulted to a minimal damage to my car. The other person’s insurance paid $460 in damages. I have a preexisting condition which affected my healing time. I was treated by a chiropractor for 6 months and have a $4,500 medical bill. The other person’s insurance said they will only pay for $1,200 of that bill. PI lawyers don’t seem to want my case since the damage to my car is minimal and my medical bill is higher..

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By | July 1st, 2013

QUESTION: I contracted food poisoning from a fastfood restaurant and need to take them to small claims. This is a national chain and the individual restaurant is owned by XYZ Corp. I have their agent for service of process from the state website. How do I list the defendant? Is it XYZ Corp. or Fast Food Restaurant? I am confused because the corporation did not make me sick, but they are the legal owners of the restaurant that did. ANSWER: Ordinarily, shareholders are not personally responsible for corporate liabilities. However,.

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By | July 1st, 2013

QUESTION: I live in California and I am involved in a personal injury case in Tennessee. My lawyer here in California hired a lawyer in Tennessee to handle the case there. They want me to fly to Tennessee for depositions and mediation. Can one or both of these firms pay for my airfare and hotel? Is this customary? Or am I on my own? ANSWER: Ordinarily, except for experts ordered by the court, expert witness fees incurred by the prevailing party are not an item of recoverable costs in California state.

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By | July 1st, 2013

QUESTION: I got hit by a car and my neck was hurt, and my bike was broken. Should I be getting more than $500? It was not my fault and I had the right of way because the light was green. ANSWER: Damages for personal injury cases vary depending on the case. There is no set amount of money, whether minimum or maximum, that applies to every case as each case is different. However, there are some basis to the awarding of damages, such as the more measurable economic damages.

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By | June 24th, 2013

QUESTION: My friend’s mother tripped over a curb in Disneyland’s California Adventure. She suffered injuries on her forehead and wrist. It happened at night and the curb was painted the same color as the walkway, making it hard to see especially at night. Do we have a case? ANSWER: A personal injury case may be borne out of the incident causing the injury provided that the same falls under the exception to the general rule of the so-called “recreational use immunity”. Generally, landowners and others with a possessory or non-possessory.

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