Hogan Injury > Blog > personal injury lawsuit

The Policy Limit in an Insurance Claim

By | November 17th, 2013

QUESTION: Should I accept the policy limit of the at-fault driver, even if it only covers a fraction of my damages? Fourteen months ago, I was involved in a motorcycle crash where the at-fault driver failed to stop at a red arrow left-turn-light. The medical bills alone amount to about $100,000, but the liable driver’s insurance policy maxes out at $15,000 for bodily injury. I did not carry uninsured/underinsured motorist coverage. My attorney says a background check on her did not reveal any assets they could go after in a.

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On Disclosing Your Policy Limit in Insurance Settlement

By | November 2nd, 2013

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.

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Sustaining Injuries in Public Space

By | October 23rd, 2013

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.

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What to Do: Getting Back an Unreturned Insurance Pay

By | October 23rd, 2013

QUESTION: I am owed 250,000 from my personal injury lawsuit that occurred when I was a minor (15 years old) in LA county, CA. My mother, who is an attorney, represented me in the case and has lied about the money for years. I didn’t find out that it was mine until 26 years old. I am now 31 years old and need to get it from her. I have the case number, a letter from my mother saying she owes me 250,000, and I need to know the next.

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A Minor’s “Willful Misconduct” Causing Injury or Death To Another

By | October 23rd, 2013

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.

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Cross-state Mediation and Deposition: Who Will Shoulder the Cost?

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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School’s Liability on Sports-Related Injuries

By | March 8th, 2013

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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Drunk and Injured: Do I Have a Case Against the Bar?

By | March 8th, 2013

QUESTION: I was drunk in a bar and I fell, injuring myself. Do I have a case against the bar? They should have cut me off for having too much to drink but didn’t. ANSWER: Personal injury suits against alcohol providers are usually based on a negligence theory. The alcohol provider’s damages exposure is severely restricted by express statutory immunity from civil liability for any injury caused by the alcohol consumer. The immunity protects both “social host” providers and those in the business of selling alcoholic beverages [CC § 1714(b)].

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Duration of a Personal Injury Case

By | March 8th, 2013

QUESTION: If a lawsuit for personal injury has been filed, how long does it stay active? ANSWER: In personal injury cases, the two-year statute of limitations tolls after the filing of the suit. However, there is a three-year limit for discretionary dismissal for delay [CCP § 583.420(2)] and, with a few exceptions, a five-year limit for the case to be pursued before its mandatory dismissal for failure to prosecute (CCP § 583.310).

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Statute of Limitations for Personal Injury Claims

By | March 8th, 2013

QUESTION: I was shot in a bar a little over 2 years ago, after an argument with another person. Is it too late to file a personal injury lawsuit? ANSWER: Generally, the statute of limitations for a personal injury claim, such as assault, battery, or injury caused by negligence or wrongful act of another, is two years from the time the cause of action has accrued (CCP § 335.1). Ordinarily, a cause of action “accrues” when, under the substantive law, the wrongful act is committed and the liability arises.

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