QUESTION: I went to the dentist last week to replace the filling on my top front teeth and to replace the crown on the back tooth. He replaced the filling in my front teeth and then shortened my front teeth significantly without discussing this procedure with me, why I would need it, what the risk and benefits were and getting my approval to do this. He never told me what he was doing during the entire time he was working on my teeth. When I asked him why he did.
QUESTION: I fell on a broken pavement outside a grocery store 2 weeks ago. I did not file a report as I did not appear severely injured. However, after a while, the fall caused a spasm disorder to reappear and it was worse than before; I could hardly move my head. For the past two years I have been living a completely normal life despite having cervical dystonia, because it was in remission until the accident at the grocery store. Do I have a case? ANSWER: Even if the plaintiff.
QUESTION: My son committed suicide after not getting help or medication in a mandatory psychiatric holding facility. Can I sue them for malpractice or wrongful death? ANSWER: Psychiatrists, hospitals, or mental health facilities owe a duty of care to take responsible steps to prevent foreseeable suicide. This special relationship is born out of the patient’s dependency on the health care provider who “has some control over the (patient’s) welfare” [Kockelman v. Segal (1998)].
QUESTION: My daughter and a boy were playing soccer outside, when she came running home with a bleeding mouth and broken tooth. She said her playmate pushed her and she fell. We went to talk to the kid and his parent, but the child denied it. Later, when I had the chance when the child was by himself, I asked him what happened and he answered with “she was in my way.” I am enraged by this because my daughter lost her adult front tooth. Can we sue them? ANSWER:.
QUESTION: My daughter had a fight with a boy in school. He grabbed her shirt from the neck and shook her hard enough to rip the shirt, so my daughter punched the boy once on the face. He then went crazy and bit my daughter just above her breast. When we found out, we went to speak with the father of the boy through a translator. He yelled and said “Did you see it?” referring to his boy’s bruise on the face. He said he will send a picture of.
QUESTION: I was booked for unpaid ticket class C. While booking, I asked the jailer if he spoke English, then he grabbed me by the back of my neck and threw me onto the wall. I injured my neck and they refused to allow me to speak with an officer in charge, and they also denied giving me medical treatment. I am still in pain from the injury. Do I have the right to sue the county jail? ANSWER: Generally, public entities are immune from liabilities for injuries to or.
QUESTION: What is the statute of limitations for a personal injury case? ANSWER: According to the California Code of Civil Procedure, the statute of limitations for most personal injury claims is two (2) years. The two-year time limit applies to cases of “assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another” (CCP § 335.1).
QUESTION: When surveilling, can the investigator take a video of you or note what you do inside your own or a friend’s house? Do I need to keep the shades closed if I want privacy? Is there any place that is off limits? ANSWER: Generally, discovery may be obtained on any NONPRIVILEGED information “that is relevant to the subject matter involved … ” The information requested need not meet the relevancy test for admissibility at trial. It is discoverable if it either would be admissible evidence OR “appears reasonably calculated.
QUESTION: My son was shot and killed while at a convenience store. Is the store liable for not calling for help even though there were cameras on the site? Do I have a case? ANSWER: In a wrongful death lawsuit, the death of the individual must be caused by the negligence or tortious act of another. For cases of death due to the crime committed by third parties, those who have a special relationship with the victim may be liable under certain circumstances.
QUESTION: Does the school pay if my son got hurt during practice? The coach had my son on the back of another student while running across the field. The student tripped and my son fell off, breaking his collarbone. ANSWER: A person participating in an activity that has inherent risks (such as sports activities) has an assumption of the risks involved. This assumption of risk could either be “primary” or “secondary.” The primary assumption of risk is a complete defense wherein the defendant may not be held liable for the.
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