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John Bisnar

John Bisnar’s Answers

123 total

  • Can i sue the insurance company?

    i got in a bad car accident the other day my neck collar bone chest knee under my arm pit hurts bad including my stomach my friend was the driver and had alchool in his system would i still be able to sue if i was passenger or atleast get his insu...

    John’s Answer

    You certainly have a right to receive compensation for your injuries. Your friend has insurance to cover people he is responsible for injuring. If you don't make a claim the insurance company is going to keep the money they have already set aside to pay your claim.

    Get yourself the best personal injury attorney that will take your case. The insurance company will try to blame you for riding with an intoxicated driver and will minimize if not deny your injuries.

    You don't sue insurance companies. You make a claim. Please get an attorney that you trust and feel good about. It won't cost you anything until they recover money for you.

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  • My car got rear ended a person who doesn't have a license. She was borrowing her boyfriends car and she was not on theinsurance

    I have filed a claim against the registered owner insurance and they sent me a letter telling me I qualified for medicare coverage. They assigned me an adjuster and its been three weeks and no body has called me or responded to any of my emails. I...

    John’s Answer

    You need a skilled analysis of your situation, a survey of your options and specific advice as to your best options. Get a skilled, professional assistance.

    There are some very good personal injury attorneys in Venture County who will provide you a free consultation. They will analyze your situation and advise you of your options without charging you anything for their time and advice. Avvo’s “Find a Lawyer” tool at the top of this page is a great way of finding the help you need. There are 176 personal injury lawyers listed for “Ventura County”.

    Good luck!

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  • I was in a car accident, where I drove (southbound) in the rain, at about 25-30 MPH on Main street (Boulevard)... As I was ...

    ... approaching the intersection, the street is curved and I lost control of my car because my car slid on the curve, on the wet slippery road, onto the opposite lane while the other cars was moving northbound on Main st...I hit the other 2 cars, ...

    John’s Answer

    It is very challenging and very expensive to pursue a governmental entity for an “unsafe road condition”. Without catastrophic injuries, even if you had a decent case for governmental negligence, the chances of your claim making economic sense are very slim. We have a wealth of experience in these type cases and you haven’t shared anything that would indicate that the city, county or state have any liability for your losses.

    Keep in mind that any claim against a governmental entity requires a claim to be properly made within six months.

    Consult an Orange County litigation law firm regarding your late filing. You might be able to get the court to accept the late filing due to the circumstances and reschedule your motion hearing.

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  • Do I have a case? Punitive damages?

    My parked car got totaled by a reckless driver overnight. My parked car hit a second parked car. The driver fled the scene and 2 passenger stayed to exchange insurance info. Police report was done. Police couldn't make him talk in detail because h...

    John’s Answer

    What a mess! Yes, you can sue for punitive damages. From the facts that you have shared, there isn’t much likelihood that you would win a punitive damage claim. If you did win something it would be hardly worth your effort. You could sue in small claims court and make the process quick, cheap and easy.

    Suggested method is turn the matter over to your insurance company. You may have to pay a deductible. Your insurance company will pursue the driver and the owner of the vehicle. If they recover money, you are entitled to your deductible payment back. If you have “uninsured” property damage coverage, you won’t even pay the deductible.

    If you are going to sue in small claims, sue the driver and the owner. The owner is liable for your property damage by California law. If you go to small claims, you could add a claim against the owner for “negligent entrustment” of the vehicle to the driver, which theoretically could carry a punitive damage claim. You’d have a “proof” challenge but it is possible.

    Turn it over to your insurance company.

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  • My son & Husband were hit in a head on TC @70 mph.

    Although all parties sustained moderate injuries, the other driver fell asleep into oncoming traffic, he also was driving his mother's vehicle with lapsed insurance. False evidence of insurance was given to CHP. My son's truck was totaled and the...

    John’s Answer

    Yes, the owner of the vehicle has liability but it is limited. When you meet with an attorney bring your auto insurance policy. You may have "uninsured motorist" and/or "medical payments" coverage. They both can be a big help to you.

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  • If I was involved in a car accident a little over a year ago(California), do I still have a chance to sue?

    I was a passenger in a rear-end collision, and I had some sort of "whiplash" type of injury. It's been a little over a year now, and I'm still suffering from neck pain. We were traveling on a freeway, and there were three people in our car (driver...

    John’s Answer

    In most situations, you have two years to file a personal injury claim for a California traffic collision.

    Strongly suggest that you consult with the best personal injury attorney that will provide you a free analysis of your situation.

    If you have not received treatment or have large time gaps in your treatment, your claim will have lost value. The insurance companies will claim that intervening events have caused your present complaints otherwise you would have sought treatment earlier. They will claim that if you were truly injured, you would have sought treatment immediately and continuously. If you had sought treatment immediately and continuously, they are likely to claim that you are exaggerating your injuries. Yes, they argue out of both sides of their mouths.

    Your viable options are to hire an attorney, try to settle the claim yourself or take the matter to small claims court.

    The insurance on the vehicle you were in and your own auto insurance most likely provide medical insurance that will cover medical expenses associated with the collision. See the “medical payments” provisions of both policies. It does not hurt or go against your insurance or the insurance of the vehicle you were in to use the “medical payments” provision of their auto insurance policies.

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  • Was hit from behind on freeway, I was stopped traffic was stopped in front of me

    I was hit by a pickup truck that totaled my car, transported to ER via paramedics. State Farm the other drivers insurance has turn the case over to SIU. I was treated for a couple months with injuries. I am better now. Have a attorney but its be...

    John’s Answer

    Make an appointment with your attorney to sit down and go over your case. Your attorney is in a better position of anyone to detail for you where your case is at, where it is going and how long it is likely to take.

    Depending upon the circumstances, it isn’t unusual to have a personal injury claim take two years. We like to wait six months from the time a client is done with medical treatment to settle a case. We want to make sure that all our client’s injuries have manifested themselves before we resolve their claim.

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  • Will a rottweiler dog be put-down for biting a trespasser in its owner's fenced-in backyard in California?

    A friend had a random man enter her backyard through her gate (unlocked, no signs) without her permission and he had no reason to do so (not a service person or delivery person, etc). Her rottweiler bit him. A "witness" claiming to be a doctor j...

    John’s Answer

    Based upon the circumstances you have provided, the dog will not be put-down. The laws of cities and counties differ on the process and the circumstances of putting a dog down. This situation doesn’t fit any of the ones I am aware of.

    I suggest that your friend notify her homeowners’ insurance company of all the circumstances she is aware of. Her insurance company will take care of the issue of liability. They aren’t going to pay a bogus claim.

    A person legitimately bitten would normally want to speak to the insurance company rather than harass the homeowner.

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  • In a product liability case, what does the defending company use to determine the value of a claim?

    About 10 months ago, I fell off a ladder that broke and injured my back. The ladder that broke was found to be on recall from the ladder manufacturer, so I hired a local lawyer to represent me, and to make a long story short the ladder manufacture...

    John’s Answer

    Each defendant values a claim in their own way. In most situations, it isn’t the defendant that is evaluating a claim, it is their insurance company that is making the calls. There are hundreds of factors that go into evaluating a case. It can’t be done in a forum like this, especially in a product liability case.

    Your real questions are: (1) What are the chances of winning my case at trial; (2) What is the likely judgment amount a jury would award; and (3) What are my costs to get through trial. When you have the answers to these questions (and they are all estimates), you can make an informed choice as to how to proceed.

    Sit down with your attorney and go over these questions and the questions that will come up from his/her answers.

    Most of the best product defect law firms advance all costs of litigation. Either your law firm is not financed well enough to advance the $3,000 or they don’t feel that it makes economic sense to proceed to trial.

    The only time we do not advance costs is when it makes no economic sense to go to trial. We finance the cases that make economic sense. Since we do not ask clients to reimburse us for costs we have advanced on their case if we don’t win, we only want to support cases that make economic sense. If a client wants to bet on a case that we don’t feel good about, we will take their case to trial but they will have to advance the costs. We are willing to bet our money on good bets but not on bad bets.

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  • So, NO lawyer in America, will sue mesh Mfr. for male hernia's, UNless a CLASS action & $$$$ fees for lawyer. daily AGONY

    09/2012- and not a day gone by, without serious life changing results- tightness, ache, pain and other stomach, groin , Inguinal canals ,thigh muscles issues. The mesh's "velcro" did not hold -moved/bunched up. It has been GRIPPING rubbing on...

    John’s Answer

    • Selected as best answer

    You don’t need me to tell you that you are in a very difficult position. You did the right thing in checking with all those lawyers.

    Having 40 lawyers turn you down tells you something. Your case isn’t economically viable standing alone. The costs of experts and law firm personnel to pursue a medical device case like yours is in the millions of dollars. The costs would exceed the reasonable value of a judgment.

    If you won a judgment, typically the manufacturer would appeal. They would keep you in appeals for as long as they could. Once you won a judgment you could be in appeals for 5 years easy. If you won, you wouldn’t likely see money for seven years. If you won, your costs are likely to exceed what you collect.

    The maker of your mesh will do everything that can to defeat your case. They will spend ten times what your case is worth to defeat you. They don’t want others seeing you recover money. That would lead to hundreds if not thousands of more cases.

    Law firms that don’t make money on their cases are soon out of business. It isn’t that no one wants to help you. The hard fact is, your case doesn’t make economic sense.

    The state of the laws, the costs of pursuing claims and the court bias towards businesses over individuals all stack up against making economic sense of your case. If a law firm could make a profit on your case, one of those 40 would have been all over your case.

    You are not alone. Most personal injury law firms choose to represent consumers rather than companies (that pay regularly) because we believe in our clients and we relish “righting wrongs”. To stay in business and feed our families, we can only take cases that are likely to make a profit.

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