Hogan Injury > Blog > personal injury

Public Interest and Your Presumed Role as a Public Figure

By | November 3rd, 2013

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.

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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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Dental Injury Due to Adulterated Food

By | October 23rd, 2013

QUESTION: While eating a fish taco at a local restaurant, I bit into a rusty screw in that taco. It crushed a crown on an upper tooth that now has to be removed and replaced. I have been in discomfort and my dentist feels there is possibility of future infection due to potential damage to the tooth’s root. Should I pursue legal action? ANSWER: Providers of contaminated or “adulterated” food may be liable on product liability and breach of warranty theories if the injury-causing substance is foreign to the food.

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The Time it Takes in Slip and Fall Settlement Proceeding

By | October 23rd, 2013

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.

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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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The Possibility of Workers Compensation and Personal Injury Claims at Once

By | October 23rd, 2013

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.

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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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Personal Injury Case Based on Negligence in a Mall

By | October 23rd, 2013

QUESTION: Yesterday a daughter of a friend got hurt at mall and now she is in surgery and might lose an arm. I think she was climbing on some sculpture. Anything we could do? ANSWER: A personal injury case based on negligence may be filed. Ordinarily, the burden of proving negligence rests on the plaintiff. However, a presumption of negligence on the part of the defendant may exist, called the doctrine of res ipsa loquitor, provided that the following requisites are present: That the accident is of a kind which.

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Demand Letter: Medical Bills Reimbursements

By | October 3rd, 2013

QUESTION: In a personal injury case, do you request reimbursement for co-pay fees of the actual costs that a hospital would charge without insurance? I was in an automobile accident and received medical treatment from a Kaiser Facility. My concern is when writing a demand letter, do I list only the co-pay fees or the actual fees that would be charged for the services received. ANSWER: Some insurance policies (e.g., Kaiser) cover the insured’s medical bills, but give the carrier a right of reimbursement from the insured claimant in the.

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