Hogan Injury > Blog > Personal Injury

Emotional Damages and Loss of Income-Network

By | 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.

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Employer Fraudulently Concealed a Work-Related Injury

By | 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.

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Liability and Damages in Adulterated Food Case

By | 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.

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Variety of Contingency Fee Possibilities

By | 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.

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

By | 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.

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Understanding Under-Insurance Benefits

By | 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.

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Is Violation of a Restraning Order a Crime?

By | 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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Case Against Veterans Administration by an Officer with PTSD

By | 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.

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Liability on Disrupted ICD Caused by Tortuous Act of Landlord

By | 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.

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What Constitutes Deliberate Indifference?

By | April 29th, 2013

QUESTION: Can multiple physician refusals of covered emergency medication, specifically denying to provide covered services without stating cause for the refusal, be considered as “deliberate indifference” in medical care? ANSWER: When prison personnel make conscious or reckless disregard of the consequences of their acts or omissions, they may be liable for deliberate indifference. However, the courts have objective and subjective tests that could determine whether there is deliberate indifference or not, depending on the case.

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