QUESTION: I slipped off a broken uneven step outside the local post office and was immediately paralyzed with pain from a dislocated shoulder. After I slipped, an employee went out and salted the step, looked at me, and said I should get to the hospital. I was taken to the emergency where they took X-rays, and my arm was on a sling for 3 weeks. I have my wife and another person as witnesses to this incident. What are the steps I should take so that I could claim damages.
QUESTION: Last night I was getting off the freeway ramp and realized that the car in front of me decides to slow all the way to about 10mph. I decided to get into the other lane, drive up, and safely get back to the original lane I needed to get into. I asked the passenger what he was doing, and she told me that he was full on texting while driving. I stopped at the stop light ahead, and 5 minutes later I feel a ram into my car and.
QUESTION: I am taking a person to small claims court for defamation. She has made some very serious and provably false claims about my conduct as the immediate past treasurer of a small political club (less than 200 members). One of her buddies, who also happens to be a local (estate planning) attorney, has trumpeted her likely defense strategy in an email to me and others. He made reference to "malice," "innocent communication" (by which I think he actually meant "innocent misrepresentation"), and "the public interest," all of which suggests.
QUESTION: I was in a rear-ending accident in May 2012. The police officer at the scene reported that it was my fault. The officer advised me not to talk to the person in the other car that is why I did not know if they were hurt. I did not follow up with my insurance company for about 6 months. I got a letter last week from the other guys’ attorney asking for my policy limits. They are $100,00/300,000. Should I willingly give them my limits? I want to protect.
QUESTION: I met an accident at a tennis court which is a city-owned property. One week ago I fell against a fence which gave way and exposed a gopher hole. I stepped in and fell which broke my femur. ANSWER: The California Government Act abolishes all public entity common law tort liability. State public entities may be liable for personal injury and wrongful death only if a statute expressly so authorizes. Although several sections of the Act provide for government entity liability under specified conditions, many sections also grant public.
QUESTION: I fell in Albertson’s Grocery store, Santa Ana due to water on the floor last March. I had a back surgery last week. How long shall it take for a settlement proceeding in a slip and fall case? ANSWER: As a general rule, the burden of proving negligence liability in slip and fall cases rests on the plaintiff. No inference of negligence can arise simply upon proof of a fall on the defendant’s floor. This is so even when the fall is associated with a slippery object, “because objects.
QUESTION: I have a Workers Compensation case open and it is going on 2 years in December. I’ve had many tests done and my last resort is surgery. The accident was from a fall over some boxes on the floor at work. Can I file a personal injury claim? ANSWER: Ordinarily, an employee’s rights against his or her employer for on-the-job injuries lie solely under the workers’ compensation law—i.e., when the “conditions of compensation” are present (Lab.C. § 3600), the employer is immune from civil damages liability because workers’ compensation.
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.
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.
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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