Questions Answered by Expert Demanski & Ellis, plc

Subject	Date Asked
Auto injury	5/15/2010
Q: My husband and I were in a fender bender on Dec. 1st, 2009. We were stopped at a red light when a ... A: D Cases like yours can be very time consuming and draining. The fight is for a smallish amount of ...
My dog was hit by a speeding car	4/19/2010
Q: My dog was recently hit by a car. I live on a dead end street in Albany, California. I spoke with ... A: Madeline: The law in California treats pets as personal property. What that means is that under ...
question	3/18/2010
Q: we were at a fabric store. my daughter tripped on a small step latter she hurt her arm and a lady ... A: Veronica: You did not really provide me with enough information to give you an answer to your ...
Fell at work	3/5/2010
Q: I work in Los Angeles, California and just yesterday I fell at my work. I had been going down the ... A: Roseanne: No Roseanne, you can not sue them. In California employers are protected from lawsuits ...
slip and fall fractured fibula	1/30/2010
Q: Hello my name is kjay im a 27 year old woman I was walking and crossed the street upon coming up on ... A: k jay You are not entitled to anything. You may be able to be paid for the damages that you have ...
suspect of medical liens	12/2/2009
Q: how can I bverify the amounts of liens, as I don't trust my attorney. A: Jim There are several ways to verify medical liens. You can ask your attorney for a copy of the ...
lying to an attorney	11/24/2009
Q: I need some advice. I don't live in california but it isn't really about my fall. I fell at work in ... A: Kayla: I can't give you a legal evaluation because this is not a California matter. In California, ...
injury claim	11/16/2009
Q: 4 hrs after my accident i had alot of pain so i went to the emergency room where i sat fro 2.5 hrs ... A: No, it is not true. You have a claim if you were hurt in the accident. When you were treated has ...
Can a Medical Provider Bill Me After Accepting Insurance Payment in a Personal Injury Matter	10/28/2009
Q: I am in CA. I recently got into an auto accident for which I went to the ER and now I am seeing a ... A: Nick: Because the insurance adjuster usually inputs data into a computer program to come up with an ...
Can a Medical Provider Bill Me After Accepting Insurance Payment in a Personal Injury Matter	10/28/2009
Q: I am in CA. I recently got into an auto accident for which I went to the ER and now I am seeing a ... A: Nick: If a medical provider accepts payment from your medical provider at a contracted price, and ...
Knocked over by a kid on a bicycle	10/19/2009
Q: Two days ago I was at a babies r us, as I was walking out, litteraly 2-3 steps out their door (still ... A: Cristina: If you wanted to see if the store or the plaza had any liability for your injuries you ...
Third Party Hospital Liens	8/28/2009
Q: Patient is in an auto accident and has no insurance. Patient is currently a plaintiff in a lawsuit. ... A: Cathy The patient owes the hospital for whatever services were provided. Just like anyone else ...
Our dogs bit a dog who entered our property line	8/28/2009
Q: We live in California. We have a picket fence around our front yard. A neighbor’s dog from around ... A: Alan: My first off-the-cuff response to the question is no way. But it is really not that simple. ...
Personal Injury - Auto Accident	8/18/2009
Q: "My sister and I were involved in an auto accident. My sister was driving; we were hit on my side ... A: Tell your attorney(s) that you are not going to sue your sister under any circumstance. If they ...
WALMART SLIP AND FALL	8/18/2009
Q: ! heres what happened. I was in walmart one day with my fiance and 7 month old son. we were in the ... A: Slip and fall cases are the same. To have a claim against WalMart, the fall and injury need to be ...
child fall on H2O at Target	8/12/2009
Q: Going to get children toys for reward and son(8yrs) slipped on water spill that was 3 ft by 1.5 ... A: Deann Target has responsibility for the child's medical bills if the fall was a result of Target's ...
Being accused of accident	8/9/2009
Q: I an being accused of causing an accident. The officer stated that the three wistness wrong down mt ... A: I am not a Canadian attorney. If this took place in California you should contact your insurance ...
floormat slip and fall	7/29/2009
Q: i was at a retail store and went to purchase a coke from soda fountain. as i turned around to leave ... A: Pauline: The store has no legal obligation to pay for your medical bills or to pay for the injuries ...
Ughhhh! I Cashed Settlement Check	7/10/2009
Q: Ok, I know this is a dumb question and I probably messed up but I have to try anyway. In 2008, I was ... A: A You said you were in a no fault accident. So I assume that the settlement of which you speak is ...
Rear ended accident	7/1/2009
Q: I was in a accident last week I live in San Francisco bay area ,Ca, where I was sitting at a red ... A: Cheryl The insurance company is not liable for your injuries, or for anything else. The driver ...
Auto accident	5/30/2009
Q: On 4-28-08, I was involved in a near head-on collision where the driver of the other vehicle struck ... A: RC Sorry for the short delay responding, I was out of town. 1. Yes they can make the offer based ...
lien expiration	5/17/2009
Q: in california when does a medical lien i signed with chiropractors expire. thank you larry stark A: Larry: The lien does not expire unless the document that you signed stated that the lien right ...
INJURY	5/15/2009
Q: I work in a California warehouse and my company just purchased a outside basketball hoop for us to ... A: Steve: Without any other information than what you provided, it would seem that your injury would ...
caused a car accident..think the other party is being greedy!	4/17/2009
Q: This is a 2 part question.let me explain first.my husband and 9 monthold were in an accident a year ... A: Christina: I have no idea what the laws that would apply to you situation are. I am a California ...
slip and fall at grocery store	4/9/2009
Q: I want to know if I should pursue this accident or is it not worth it? On Vacation last week in ... A: Christy To purse a claim such as the one that you have here would be very difficult to do long ...
Auto accident	4/4/2009
Q: My daughter and I were rear-ended in April 2008 while sitting at a stop sign. Because of the type ... A: Gailene: There is no answer real answer to your question, but to see if you can find an attorney ...
Personal Injury	3/17/2009
Q: My step son (age 18) supplied alcohol to a 16 year old friend whose parents ended up taking her to ... A: Julie Whether your step-son is covered under your homeowners policy has nothing to do with you ...
Personal Injury	3/17/2009
Q: My step son (age 18) supplied alcohol to a 16 year old friend whose parents ended up taking her to ... A: Julie No. In fact in a criminal matter, which this is, it is just the opposite. In fact, the ...
Work Injury	3/11/2009
Q: I sustained an injury at work back in 2005 from repetitive work on an assembly line, which resulted ... A: Theresa: Yes, you should contact a workers compensation attorney. In a case like yours you need ...
is medical expert needed	3/7/2009
Q: I was beaten up by my landlord and taken to the emergency hospital by a sheriff deputy. Do I need a ... A: Elena: I do not accept anyone as a client through this web site. I know that most others do, and ...
Grocery Store Slip and Fall	3/5/2009
Q: My wife was involved in a slip and fall incident in a grocery store. She was walking in the produce ... A: John They caused the hazzardous condition that resulted in your wife's injury. It is their fault! ...
Exisitng Claim	2/18/2009
Q: I have an existing claim that ended back in 8/2008. I hired a lawyer but feel he may not be doing a ... A: Kat: The facts that you have put forth and the results you are getting are pretty standard. Your ...
Airbag did not deploy	2/2/2009
Q: My future son-in-law, 25 years old, was in a terrible accident in his 2007 Chevy Express van 10 days ... A: Pam: The air bag is designed to deploy when there is a front impact. That means the front of the ...
Accident	1/19/2009
Q: Hey I just got into a Car accident in a 40 mph speed zone. i was taking left turn on a pizza hut ... A: James: You can only make a real claim for what it is that you lost. If you are able to work by ...
Accident	1/18/2009
Q: Hey I just got into a Car accident in a 40 mph speed zone. i was taking left turn on a pizza hut ... A: James Your girl friend is partly right and partly wrong. If you are out a car and in pain it is a ...
Motorcycle Accident	1/14/2009
Q: My motorcycle was hit on the left side and laid down on the right side while parked on the street at ... A: Francisco They are not going to cancel you and they can not make you repair the bike. But, if you ...
child injury at daycare center	1/2/2009
Q: I'm the vice president of a non-profit daycare center were my 1 year old child attended. Three ... A: Marissa: The simple answer is yes. The type of action that you may be able to bring of have ...
felony dui	1/1/2009
Q: i was driving with .11 alcohol(what i was told the breatherlizer read) and i rear ended a car. I was ... A: Eddie: You are being charged with a felony!!! That means a 1st strike in our 3 strike system. You ...
Motor vehicle acident	12/31/2008
Q: I was involved in an accident that was not my fault. My car has been repaired by the other driver's ... A: Sam: Yes you can. But one thing you need to find out about your medical insurance is whether they ...
Walmart Slip & Fall - Take $22K or Litigate?	12/26/2008
Q: I slipped and fell at a Walmart in Fall 2006 on a lotion in aisle that was hidden by stacked boxes ... A: Dave I would estimate that WalMart wins about 90% of the cases that result in a trial. I would not ...
personal injury accident	12/16/2008
Q: Six months ago I was at a red light when I was rear ended by a flat bed truck(commercial). The ... A: Lynn To have the surgery before the settlement means that you would need allot of medical people to ...
Auto Accident Injury	12/5/2008
Q: A week ago I was involved in an auto accident. I hit the side of a car that had failed to yield the ... A: Doug: There is no formula that you can use to determine the fairness of an insurance company's ...
Auto Accident Injury	12/4/2008
Q: A week ago I was involved in an auto accident. I hit the side of a car that had failed to yield the ... A: Doug: When a person is injured that has preexisting injuries, the person is entitled to be ...
Injury	12/3/2008
Q: Does or can my doctor tell my personal insurance that the injury was work related? I fell off a ... A: Well Grace, if you ever need to file a workers comp claim and you did not tell your doctor that you ...
Slip and fall due to construction in apartment building	12/3/2008
Q: Last month on 10/6 I slipped and fell in my Los Angeles apartment building as our hallway carpet was ... A: Jayme: In California you have two years from the date of injury to either resolve your claim or ...
Bone Shard Injury to Tooth	11/20/2008
Q: In March 2008 I sustained an injury due to a bone shard while eating BBQ at my school. 3 other ... A: Jerry: One of the really difficult types of injury case is an injury caused by a foreign object in ...
Rear End accident claim	11/17/2008
Q: I had a rear end car collision in 2006. I have filed a claim and since the insurance wasnt willing ... A: Sammy: You have to think of your own situation first. Is it worth it for you to have your credit ...
Make Whole Doctrine	11/14/2008
Q: As I understand it, based on the Make Whole Doctrine, an injured party may be compensated for "all ... A: A doctrine is not a law. It is guidance. An insurance policy is a contract, the language of the ...
Contributory Negligence	11/13/2008
Q: I had a motorcycle accident. I was passing 4 stopped cars on their left side in their lane and lead ... A: Yes, if her actions in someway were negligent and contributed to your loss. I have no clue how a ...
broken hand	11/6/2008
Q: I had broken my right hand. I went to an emergency room and they referred me to an ortho surgeon. ... A: Vincent: One of the things that really upsets me about the medical profession is that doctors like ...
MediCal reimbursement in PI cases	10/25/2008
Q: I have a client that was treated at Sharp for serious injuries in a car wreck. He will continue to ... A: Dan: You must notify MediCal. The problem with ignoring MediCare and MediCal is that they have a ...
Blue cross recover money	10/4/2008
Q: A relative was injured in a car accident and had about 5K in medical bills paid by Blue Cross in ... A: Frank: The question you are asking is very complicated. There is a pile of case law out there on ...
Slip and Fall	10/2/2008
Q: Movers were hired to move 2 bdr apt. I lived on the 2nd story in San Mateo. On 7/26/08, movers ... A: Kent: I must be missing something. You hired a moving company that uses illegals as day workers? ...
Slip and Fall	10/1/2008
Q: Movers were hired to move 2 bdr apt. I lived on the 2nd story in San Mateo. On 7/26/08, movers ... A: Kent: Yes you can sue in small claims court. You can get pain and suffering, emotional distress, ...
fall at walmart	9/22/2008
Q: my wife entered a wal mart this june and fell due to shampoo being spilled on the floor. at the time ... A: Matt: If WalMart deals with you in good faith regarding your wive's injuries it will be the first ...
Auto accident	9/13/2008
Q: i am A grade-student with a part time job and i had an accident last week. I was riding my bike from ... A: Chungtak: You did not say when this accident happened. I California there is a two year statute of ...
Fell in parking lot	9/11/2008
Q: I was wondering how I would pursue a case where I fell in a local parking lot due to uneven asphalt. ... A: Shana: The simplest thing you can do is to consult a local, experienced personal injury attorney. ...
sliup and fall	9/2/2008
Q: My sister was at Target and slipped on dish soap.Her legs went up and the air and down she went ... A: Tina Your sister most certainly has a potential case/claim. But the elements that make a slip and ...
Deterioration prove notice & demand package?	8/25/2008
Q: Can deterioration of a porch to the point where the railing and side is leaning prove notice? And ... A: George: The easy answer to your first question is no, it may be evidence that tends to indicate ...
demand letter MVC	7/30/2008
Q: misdiagnosed xray sprain ankle;mri shows broken ankle, surgery to relocate perdonal tendons/veins, ... A: Nikki Yes. Way too low. But if you are representing yourself I have no idea what kind of ...
Rear End	7/25/2008
Q: I was in an accident. Basically I (car#1 ) was completely stopped in a line of cars. Car #2 was ... A: Jay If the car behind you had come to a complete stop and was pushed into you, the fault is with ...
Trip & Fall @ WalMart	7/19/2008
Q: I tripped and fell on a big metal stocking ladder, while shopping for bug spray in the Lawn & Garden ... A: Cindy: For WalMart to be liable for your injuries, you injuries must be a result of their ...
proof of airbag's failure to deploy	6/12/2008
Q: i am asking this question on behalf of my friend. Her family was riding a mercedes benz and killed ... A: jiyoung kim The question that you are asking is much to complex and far beyond the scope of this ...
Auto accident and underinsured motorist	5/20/2008
Q: My car was totaled when a man texting on his cellphone rear-ended me while I waited at a traffic ... A: Mat: You want the insurance company to put into writing what their insured's policy limits are. ...
Felony DUI Minor	5/2/2008
Q: my son was in an accident and the person he hit was injured but is ok now, he has time off work, ... A: Dana: The restitution debt will belong to your son. You cannot be made to pay his restitution. ...
Felony DUI Minor	5/1/2008
Q: my son was in an accident and the person he hit was injured but is ok now, he has time off work, ... A: Dana: Your question is to vague for me to understand the facts of your situation. In the first ...
Fell on left knee	4/2/2008
Q: WHILE I WAS SHOPPING IN H E B, AUGUST 31, 2008, I SLIPPED AND FELL. I WAS WALKING I A FAST PACE ... A: Nell: You are not going to be treated fairly! The insurance industry as a whole is just plain ...
not slip and fall	3/21/2008
Q: I was knocked down by an extremely large mobility scooter inside my apartment building ,severely ... A: Helga: Premise liability cases and claims are very fact specific. There is no way I can comment on ...
What must the Defendants prove...	3/19/2008
Q: As the Injured party in a Negligence/Slip'n'Fall Case, I am aware of the issues that must be proven ... A: Patricia: The burden of proof in a civil case, negligence action, is on the plaintiff. If the ...
car accident involving 5 cars	2/25/2008
Q: 05/2007 I got into an accident, while working, on the freeway. I was the middle guy. there I was ... A: Mandy: Based on the facts that you included with your question you have some problems. If a car in ...
auto accident	2/6/2008
Q: My car was rear-ended at a stop light last february. My 5-year old son and I were in the car. We ... A: Kristen: There is not much that I can say. Hind sight, and for future knowledge. Never trust an ...
how to prevent adjournment in court	2/5/2008
Q: How are you, Sirs, I am a pro se plaintiff in personal injury suit against city. Since being served ... A: There is really nothing that you can do. The court will give them what they are asking. Even if ...
Questions about bodily injury claim in auto accident	2/3/2008
Q: My wife and daughter were recently in an auto accident where the other party was negligent (they ran ... A: Don't settle your claim without first knowing al of the damages your family has suffered. Don't ...
injury at a restaurant	1/25/2008
Q: I was eating at a Subway restaurant and one of the heavy posters that hang on the wall fell onto my ... A: Jim: Having something fall on your head while eating would be pretty scarry. Personal injury ...
Rear end collision	1/24/2008
Q: We were involved in a read-end collision where we rear ended a person last year at about 30 miles an ... A: Generally speaking, in the event of a lawsuit, you will have to pay any excess judgment amount. ...
Court Ordered Restituion & Auto Insurors Liability	1/20/2008
Q: I have a San Diego Municipal Court Order for $9,900 against a felony drunk driver. Is the ... A: Eddie: I volunteer my time to respond to questions on this site. I became one of their experts ...
Court Ordered Restituion & Auto Insurors Liability	1/20/2008
Q: I have a San Diego Municipal Court Order for $9,900 against a felony drunk driver. Is the ... A: Eddie You are not entitled to a double recovery. If his insurance company pays for the economic ...
slip and fall at walmart	1/15/2008
Q: I just read the letter and your response to tiffany, I have a similar situation with wal mart. I ... A: Deborah The down side to small claims court is that you cannot appeal the ruling if you don't like ...
Liability in auto accident	1/7/2008
Q: My cousin was at fault in a freeway auto accident. The injured party's bills are greater than the ... A: No, the lawsuit would be against the "estate of" and the person that would be sued and responsible ...
Pedestrian hit by drunk driver	1/6/2008
Q: My daughter, 16 months old at the time, and I were walking on the sidewalk when we were hit by a ... A: Ian: 1. I think you will need an attorney to maximize the amount of the settlement that goes into ...
work injury	12/18/2007
Q: my doctor placed me on lite duty and my work was putting me on normal work while i was working and i ... A: There is nothing you can do to your employer for not giving you light duty unless the original ...
Workman's Comp Question	12/5/2007
Q: I have question about an injury my father sustained at work a week ago which has resulted in the ... A: Heather: I'm a California attorney. In California the system is complicated. It will take time ...
Subrogation	11/14/2007
Q: I was responsible for an auto accident and the other insurance has totaled their car and paid out ... A: Rob: First, the amount that they are trying to get you to pay is negotiable. Because they are ...
Daycare accident with my 2 1/2 year old	11/6/2007
Q: My 21/2 year old son was at daycare on 09/14/07. He was playing i the playroom with another little ... A: Natalie: What you have described sound like it may be a matter of negligent supervision, or ...
Auto Accident	11/2/2007
Q: I was in a car accident where the other driver was at fault. He was a 19 year old driving his ... A: Whether the attorney gets a percent of the settlement before or after medical bills are paid is ...
A small car accident (which is clearly not my fault)	11/1/2007
Q: Today I drove my car with a friend. I totally stopped the car at a red light. My car is a small one. ... A: Your own insurance policy requires that you report any accident that you are involved in regardless ...
slipped and fell in grocery store	10/17/2007
Q: I was walking through the produce section towards the bread isle and I slipped face first on a piece ... A: You should make the report to the store risk management people. In California, whether you have a ...
Car Accident	10/16/2007
Q: my name is Richard. My vehicle was parked outside a store when another individual hit my car. I came ... A: Richard: You did not say where this incident happened. In California you can contact the DMV using ...
Attorney fees	10/11/2007
Q: While stopped at a red light on 10/18/05, I was rear ended by a large pick-up truck. There was ... A: Cynthia: I cannot address PIP, I am a California attorney. What I have heard is that Colorado's PI ...
Injury due to boneless chicken incident	10/9/2007
Q: My parents own a small "mom and pops" business where they supplied boneless chicken from Tyson ... A: Ally: The generally accepted legal theory for an injury that is the result of a defective product, ...
Slip and Fall	9/30/2007
Q: I read your response to a slip and fall at Walmart in August 2007. I also slipped on spilled liquid ... A: A business is responsible, to an extent, for the safety of their customers. Whether they are ...
Salmonella Poisoning	9/25/2007
Q: A couple of weeks ago my husband purchased some milk from Wal-Mart. Shortly after my kids and ... A: I really cannot give you much help on this matter in an e-mail response. In your situation, it is ...
Daughter fell on rental property	9/16/2007
Q: My 19 year old daughter and her fiance` have lived in an (overpriced!) rental apartment the past ... A: Your daughter needs to seek the advise of and experienced injury attorney. But you can't make ...
Fender Bender!!!	9/7/2007
Q: Im Joseph. I got into a fender bender with a girl near my age. Im 17 and I my friend with me in the ... A: The time limit is not a law. It could be specifically stated in your contract, but your contract ...
Fender Bender!!!	9/6/2007
Q: Im Joseph. I got into a fender bender with a girl near my age. Im 17 and I my friend with me in the ... A: A week is not too late at all. If you are at fault for the accident, and your insurance company has ...
Fender Bender!!!	9/6/2007
Q: Im Joseph. I got into a fender bender with a girl near my age. Im 17 and I my friend with me in the ... A: Joseph: You have a contract with your insurance company. The contract requires you to report any ...
Slip and Fall	8/30/2007
Q: After reading all the claims for WalMart, I'm not sure if this is worth my time. I slipped and fell ... A: Yes you can take this matter to small claims court. There is no reason at all why an injury case ...
Injury-Fell into a small sewer hole	8/21/2007
Q: Yesterday my left leg and foot fell into a small sewer whole where the city was working on ... A: Angelic: If the city was negligent in some way you can file suit for any injuries that are a result ...
Son fell in Kmart, permanent scar	8/21/2007
Q: About a year or less ago my kids and I were in Kmart. My son who was 3 saw a bike being advertsied ... A: Jessica: I am a California attorney, so I can only respond based on California law. You did not ...
Statue of limitations	8/14/2007
Q: In a personal injury case if the statue of limitations of 2 years has passed can the plantiff's ... A: Sherri: Sorry Sherri there is no magic answer for you. Anyone can sue anyone. The determination ...
Statue of limitations	8/13/2007
Q: In a personal injury case if the statue of limitations of 2 years has passed can the plantiff's ... A: Sherri: I do not know how you could have spent 20K defending a case if you haven't gotten into ...
Statue of limitations	8/12/2007
Q: In a personal injury case if the statue of limitations of 2 years has passed can the plantiff's ... A: Sherri: The two year statue of limitations for personal injury cases in CA that you refer to ...
Broke tooth on boneless chicken	8/8/2007
Q: I broke my tooth on Kirkland (Costco brand) boneless chicken breast in a can. My dental bills were ... A: Shana: What you are referring to is a defective product. In California, anyone that puts a ...
*Slipped at WalMart**	8/2/2007
Q: About 3 1/2 weeks ago I slipped in the auto department of wal*mart. I was carrying my 1 1/2 year ... A: Nikki Your situation is not a simple one. Before I even begin to tell you some things about a slip ...
car-bicycle accident	7/22/2007
Q: My 15 year son was biking on a path that crosses a dead-end road in a condo complex. My son ... A: Brian: THIS RESPONSE IS BASED ON THE VERY LIMITED FACTS THAT YOU PRESENTED IN YOU QUESTION. THE ...
daughter injured	7/21/2007
Q: my 16 yr old daughter climbed on the hood of a "friend's car--the "friend" shockingly started ... A: Linda: You did not say where the accident occurred. I am a California attorney and only answer ...
Surbrogation	7/9/2007
Q: I was in a car accident almost two(2) years ago and I recently received a court summons from an ... A: Robert: In a subrogation suit, the insurance company is the one that is suing you, but they do it ...
find lawyer to accept problematic case	6/27/2007
Q: Had to file pro se suit due to statute limitations. preexisting condition hern. disc exacerbated by ... A: Steve: It is not likely that you can win your case without an attorney. I guess you know that. ...
Slip and fall at work	6/9/2007
Q: I was about 28 weeks pregnant when I suffered a slip and fall at work. The bathroom floor was wet ... A: Cynthia: Yes, there are several things that you can do. This is really the type of mater that you ...
Slip n Fall WalMart, West Hill, CA	5/31/2007
Q: Me and my husband was in Wal Mart, West Hill,CA. We was walking down the toy file and I slip and ... A: Inna: I can understand, based on the information provided in your question, why it is hard for you ...
medical subrogation	5/22/2007
Q: Auto accident happened in California. I am about to submit my demand letter to the other party's ... A: Arih: Your settlement will be a specific, total amount. You can not avoid the reimbursement right ...
pedestrian to auto accident.	4/18/2007
Q: s Demanski & Ellis, This is concerning an accident my friend had on his way to work, driving his ... A: Jerry: The facts you gave pretty much indicate that you friend will likely be found fully ...
Preparing a demand for pain and suffering	4/17/2007
Q: Suffered medical injuries in an auto accident few months ago - currently preparing a demand letter ... A: Arih: There is this general myth that pain and suffering is based on a multiple of the medical ...
Slip and Fall at Wal-Mart	4/12/2007
Q: I've read your various answers to people who have fallen at Wal-Mart and one thing I notice is that ... A: Kaseu You should go and talk to an attorney and you should do it now. Do not wait as time is very ...
Unusual subrogation request received from my medical provider	4/12/2007
Q: I was injured in an accident a few months ago, for which the other party was 100% at fault (other ... A: No, I can not say that is certain. To make that statement would require reading the contract ...
Auto Accident	3/20/2007
Q: I too was rear ended in an automobile accident Jan 2006. My Lexus was totaled (this claim portion ... A: Shannon: If the accident was in California, that is where you would have to file the lawsuit. ...
slip and fall	3/19/2007
Q: on 03/15/2007 my boyfriend and i was shoping in a Ross deparment store as i was walking down the ... A: Maria: What you have described is a common accounting that I get from folks that have had a fall in ...
Settlement of a personal injury	3/15/2007
Q: I was rear ended in California in Dec 2005 and had some soft tissue damage. I recieved medical ... A: Archana Normally an insurance adjuster will want to have one simple settlement that includes ...
Law	1/26/2007
Q: My brother was walking to work along a sidewalk next to a road. A National Distribution Company ... A: Ray: I am a California attorney. As such I really can not give you much help with a FL problem. ...
police/schoolbus accident	1/25/2007
Q: My wife was in an accident while driving a school bus in southern California. She’d stopped at a ... A: Larry It is not unusual for the police to do their own report. And you can be sure that it will be ...
Recovery by HMO in California	1/18/2007
Q: I tried to obtain an attorney to help settle this case, but everyone told me it was too small of a ... A: Kim Your question is not real clear but I believe what you are asking is how much of your ...
Fender Bender	1/11/2007
Q: My wife was involved in a little "fender bender." Making a right at an intersection, she bumped the ... A: Dan: Yes you should have a copy of the check for your records. In California the statute of ...
Can I be sued?	12/6/2006
Q: I was involved in a car accident that was deemed my fault. The guy is now calling me stating that he ... A: Frank: Yes you can be sued. Being at fault for a car accident actually means that you were ...
avoiding HMO's collection agency!!!	11/27/2006
Q: Hey David, Thanks again. I gave you the highest rating and nominated you for the attorney of the ... A: Scotty: I Remember the call. I really do not have the time. Three trials coming up over the next ...
slip@fall wal-mart	11/27/2006
Q: On 05/26/06 I was shopping in the store and was about to go around isle 5 when slip on a wet ... A: Joyce: You gave me a brief accounting of a Wal-Mart-mart fall but you did not ask a question. ...
avoiding HMO's collection agency!!!	11/26/2006
Q: My third party settlement was $15,000. They want just over $15,000. Now I have a 1st party as well, ... A: Scotty: If you now have a first party claim (underinsured claim) you must go to the language of the ...
avoiding HMO's collection agency!!!	11/25/2006
Q: My medical bills were almost as much as my settlement amount. Now Great West's collection agency in ... A: Scotty: There are some legal exceptions to what is stated below, your attorney should know which, ...
Slip and Fall in WalMart	11/21/2006
Q: On Nov. 10, 2006 around 630pm, I slipped on a plastic hanger on the wooden floor of Walmart. I was ... A: Je: Based on the info that you provided you have a legitimate case and you deserve to be ...
Wal-mart Slip & Fall	11/10/2006
Q: David, Does that mean I have the right to refuse to give my social security number? Will they be ... A: Sandra Using your own health insurance to pay the medical bills and having WalMart pay the out of ...
Wal-mart Slip & Fall	11/10/2006
Q: I fell in the wal-mart produce section after slipping on debris. I suffered about $600 in medical ... A: Sandra They do not need your ssn. They typically ask for it to see if they can find out if you ...
teacher injury	11/9/2006
Q: respected sir/madam, i recived a letter of injury claim from my sons teacher of thumb injury by ... A: Atui Soni If your son is responsible for an injury to his teachers thumb, you and or your son may ...
airbag failure	11/3/2006
Q: i read your answer about the airbag failure. i had an accident too and the airbag didn't work. to my ... A: Apostolos: You should fix the car because you will need to sell it if you do not trust it anymore. ...
Food poisoning	10/27/2006
Q: I mentioned up front to Emergency care Doctors that I had eaten some bad burritos prior to my ... A: Finn It can be very frustrating. Fast food and other rest. do have to pay when they cause ...
Food poisoning	10/26/2006
Q: I ate burittos from a local Taco Bell last night. I noticed fermented, sour and sweet taste at the ... A: Finn: The short answer is yes. Did the doctor definitively say you suffered from food poisoning ...
ca law regulation	10/25/2006
Q: I WANTED TO LEARN LAW TERMS AND TRAIL PROCEEDINGS ALONG WITH AOE/COE INVESTIGATIONS. BASICALLY THE ... A: Alvin: I do not know if these items would be available for use on the Internet. The best place for ...
a settlement that wasn't wanted	10/24/2006
Q: I was walking into walmart and made it to the floral display when I slipped. I informed three ... A: Tiffany: I is all true. Truth is not your problem. When a person is injured, and they believe the ...
litigation	10/17/2006
Q: CAN A PERSON SUE IF THEY DO NOT HAVE INSURANCE BUT WERE NOT AT FAULT IN A CIVIL CASE? A: Richard: You do not say in your question why you want to sue. Since you do not provide much info ...
Auto Accident	9/28/2006
Q: I was in a car accident where the other driver was at fault. He was a 19 year old driving his ... A: John: If there is only 15K available in insurance coverage that is all you can get from insurance. ...
Airbag failure to deploy	9/18/2006
Q: I know of a person involved a one car accident. She lost control of SUV in bad weather and suffered ... A: Warren: A couple of points on this. Airbags deploy fast and they can and do cause injuries. They ...
Walmart Slip and Fall	9/5/2006
Q: I was pushing a shopping cart and there was a puddle of orange liquid (?) in front of me that I did ... A: Angelia: What you are experiencing is typical. Walmart knows that you are not seriously injured, ...
personal injury/arbitration	8/11/2006
Q: could you please tell me what is arbitration? and what i should do? i was injured due to a faulty a/ ... A: C. Ramirez: An arbitration is very similar to a court trial. The difference is that it does not ...
Primax wants their money	8/5/2006
Q: Hey David, Thanks for your advice before on the phone. I told my progressive claims adjuster I'd sue ... A: Scott Wow three days out of town and I have several q's waiting. At this point you can negotiate ...
Hire you	7/17/2006
Q: Here's the update. I called the adjuster at my ins. co. (progressive). I told her I was "advised" by ... A: Scott Well I see that since you sent this question/statement we have talked. You are on the right ...
HMO lien enforceable?	7/15/2006
Q: Before I get into the make whole doctrine or the common fund doctrine, which I'm assuming is ammo to ... A: S There is no knock out punch. Until recently there was strong case law in your favor. Recently ...
HMO lien enforceable?	7/14/2006
Q: Okay, so where I'm at right now, I want to call my adjuster (Progressive) and get her to mail me ... A: S Progressive should send you the cheek without a problem. I do not know how PRIMAX would know ...
HMO lien enforceable?	7/14/2006
Q: I negotiated the whole thing on my own. Since the med. bills (mostly from ER) were upwards of $27K ... A: S. Thank you for the additional information. My initial thought was that you would have a ...
Auto injury claim	6/27/2006
Q: I was rear ended at a traffic light in december and suffered whiplash injuries. The other party's ... A: Archana: You are entitled to be compensated for all your medical bills. If you get a settlement ...
slip and fall at my residence	6/27/2006
Q: This happened in Walnut Creek, CA ------------------------- About 4 months ago, my pregnant ... A: Carol: There are several items to address with the fact pattern that you have presented. First, ...
slip and fall	5/29/2006
Q: about a year ago, i was helping a friend trim and remove 8 trees in his backyard. i ended up ... A: Dennis: Yes you have a case. From the fact that you provided I do not know how good the case is. ...
Accident/Adjuster Question	5/27/2006
Q: I was involved in an auto accident about a year ago. The adjuster they gave me has been treating me ... A: Lindsay: I presume you and the accident are/was in California. Sorry it took a couple days to ...
Slip & Fall	5/11/2006
Q: I slipped at a grocery store due to a spill on the floor. I was carrying my baby in a baby carrier ... A: Tanya: Yes you need an attorney and yes you can handle it yourself. You are in a common dilemma. ...
Dog Scratch, can she sue?	4/10/2006
Q: Two days ago a door to door salsperson came to my house. She did not knock on the door I happened ... A: Katie: Before I begin let me say that it is my experience that people give me facts about an ...
Personal Injury	3/12/2006
Q: My daughter broke her arm at a company that warehouses multiple "bounce houses." There is a $5.00 ... A: Brian You should not contact the company until you sit down with an attorney unless you are ...
slipped and fell on ice - walmart parking lot	3/10/2006
Q: I fell on some "runoff ice" in walmarts parking lot. I had two eyewitnesses, who went with me when ... A: Tami Walmart can be very difficult to deal with in a case like yours. They are usually wiling to ...
slip and fall	3/6/2006
Q: I fell at a local shell gas station on 3/5/2006 and was taken by ambulance to the hospitol from the ... A: Rony Things change fast in a slipp and fall case. You should see an attorney as soon as possible ...
Insurance claims/total out value	3/1/2006
Q: I have a problem I was in an accident on 12/12/05 were I hit black ice and flew off the highway. I ... A: Nana: I am a California attorney and do not know the applicable laws in your state. In CA you are ...
name	2/2/2006
Q: I live in California and I'm not sure if you can help me or not. I'm trying to figure out if I have ... A: Amanda: This is not my area of law but I can tell you that you have to go to court to change your ...
work comp settlement in CA	1/12/2006
Q: state of CA injury 9-23-04 left shoulder totally messed up-nothing broken but no function over 10# ... A: Mark It is very difficult to handle a work injury like the one that you have without using a good ...
Hello I live in California...	12/29/2005
Q: I live in California and work as a firefighter? I recently sprain my ankle a couple months ago on ... A: Brian: If you are injured on the job, and you are not able to return to work you may be considered ...
Rear-end auto accident question	10/6/2005
Q: My question involves personal injury from an auto accident in California. First, while I am as ... A: Don: You are not entitled to a settlement award for damages that are not reasonably certain. The ...
PERSONAL INJURY	10/2/2005
Q: Though we live in NC, the nature of my question is very general; I hope you can at least give me ... A: The factors that drive settlement are numerous. One is the amount of insurance coverage the at ...
Subrogation	6/5/2005
Q: I recently received a single settlement check from Allied Insurance for personal injuries after ... A: Tom: I do not now where you are located (state). The simple answer to "Am I interpreting this ...
duty of care	3/31/2005
Q: What california and federal codes address breach of duty of reasonable care/ A: Howard: Although there are statutes and administrative regulation that define what a standard of ...
bodyguard-and or personal protection	2/20/2005
Q: if a client get injure while i'm performing my duty can i get sue?-------i'm i liable?----ex--if i'm ... A: Your can be held liagle for anything that is the result of your negligence. If you are a ...
Injury at work	2/7/2005
Q: My mother is 65 years old and has worked for a very large retail company for the last 24 yrs. 10 ... A: No, I do not think so. I do not know where this incident happened. I have to assume it was ...
Health Insurance Subrogation Lien	1/29/2005
Q: I have just settled a personal injury case in which I was a pedestrian in a crosswalk hit by a ... A: This question is much too complex and technical for this medium. I am not an Il. attorney an have ...
Background Check	1/10/2005
Q: I will be be starting an acupuncture practice sometime this Summer. Is there an economical way to ... A: Mike: Why in the world would you want to run such a check on a new, paying customer? I am ...
airbag	12/16/2004
Q: Recently my mother was involved in a car accident in which the other driver took responsibility for ... A: Is she seeking damages from the driver that hit her. The air bag deployment cases are difficult. ...
personal injury	10/29/2004
Q: " I have a friend who was victim of apartment fire. She was burn so badly that they have to do skin ... A: Andy For there to be a case against the apartments, the apartment owners have to be negligent in ...
Small claims liability	9/27/2004
Q: I hired an acquaintance occasionally to help him when he was out of work. Last Fall he was cutting ... A: Alton: There are a couple of things that you should do. The first is to get the small claims ...
my daughter was in an accident	8/25/2004
Q: My daughter [9 years old] went to visit her cousin in California with my mother-in-law [we live in ... A: If you do not have any records to send her and she did not see a doctor then there is nothing you ...
my daughter was in an accident	8/24/2004
Q: My daughter [9 years old] went to visit her cousin in California with my mother-in-law [we live in ... A: Susan: You did not say if you were in the bank and the women walked or ran into your daughter or if ...
Slip and fall	8/11/2004
Q: 5 days ago I slip and fell in Target Paramedic was call and said My head was swelling The way I fell ... A: Jean: It is not to late to do any of those things but you need to see a doctor and be sure ...
regarding slip and fall	7/29/2004
Q: i have a case going already see my lawyer is not keeping me up-to-date regarding my case.my medical ... A: Veronica: Slip and fall cases are among the tougher cases to bring to court. They have many ...
auto collision and CA law	7/19/2004
Q: I was involved in an auto accident whereby the other party was at fault; my car was struck from ... A: Stan The most that the at fault driver can be made to pay is the fair market value of your car. ...
Injured pet dog	7/8/2004
Q: I accidentally pushed my friends dog (Nugget) off Cyndi's bed a little too hard because it was after ... A: I DO NOT KNOW THE ANSWER TO THE QUESTION BASED ON THE FACTS PROVIDED. HOWEVER, PETS ARE CONSIDERED ...
Waitress poured soup on me	6/29/2004
Q: I was dinning at a restaurant last night and the waitress poured some hot soup on my laps. The ... A: Pauline: You have the right to be compensated for any money this cost you. Dry cleaning and ...
Slip and Fall	6/4/2004
Q: I slipped on a hanger recently in a nearby Nordstroms store in Scottsdale AZ. I was taken ... A: The type of case you describe is one of the more difficult to handle. If there are not some other ...
Slip & Fall Accident in La Jolla , Ca.	4/17/2004
Q: All State has made an offer of $15,000 on a slip and fall accident on a very damaged sidewalk in ... A: Veronica, this item just appeared on my computer but it says the question was posted in April. ...
Settlement Offer	4/7/2004
Q: I was a pedestrian in a crosswalk hit by a pickup. My medical bills were $35,000. My Blue Cross ... A: Tom the settlement is low. How a settlement is determined is not important. 23k for meds v 35k. ...
automobile accident	2/11/2004
Q: My accident happened here in California on the San Pedro Freeway. I had no insurance at the time and ... A: Jane, I am not a BK attorney so my knowledge in that area is not very great. Ask a certified BK ...
automobile accident	2/10/2004
Q: My accident happened here in California on the San Pedro Freeway. I had no insurance at the time and ... A: Jane: Without any witnesses the presumption is that the car that hit the back of another car is at ...

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