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Personal Injury in a Recreational Property

By Patrick Hogan | 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.

Employer’s Liability on Worker’s Temporary Disability

By Patrick Hogan | June 24th, 2013

QUESTION: I was hurt at work because my employer did not have the right equipment for me to do my job. The doctors gave me restrictions so now I can’t go back to work. They deemed my injury 15% permanent and stationary, so they took away my temporary disability. Now I’m stuck not making enough money and barely making it. Plus they said that I can’t do my regular duties. Do I have a case against my employer to hold them responsible for my injury? ANSWER: Your employer may be.

Emotional Damages and Loss of Income-Network

By Patrick Hogan | June 24th, 2013

QUESTION: When I filed for divorce, my husband illegally accessed my computer and stole a personal diary document (court-acknowledged as stolen) which caused my kids to be taken away and a restraining order issued against me. I defended myself in family court and Child Services. Both were found in my favor and he now has a restraining order. He showed the stolen letter to my professional network. Do I have a lawsuit for emotional damages and loss of income-network? How was I going to find a job after what he.

Employer Fraudulently Concealed a Work-Related Injury

By Patrick Hogan | June 24th, 2013

QUESTION: I was hired to sell cars at a dealership here in La Quinta California. In 2005, my boss asked me to deliver a truck. As I was driving, I got into an accident with 4 other cars and hit my head really hard. I got down to check if others were hurt and there were about 10 people with injuries. When I went back to work, the boss asked me if the police showed up, and when I said no, he had the truck towed back to the dealership.

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.

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Personal Injury in a Recreational Property

Employer’s Liability on Worker’s Temporary Disability

Emotional Damages and Loss of Income-Network

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?

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