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Brian Anthony Carness

Brian Carness’s Answers

13 total


  • Minor car accident on fault- other person hired attorney for injury claim

    I was involved in a very minor accident, in which none of the car was damaged except some minor scraches, the lady was totally fine. We exchanged numbers and i gave her my insurance. I texted her saying that let me know if she's fine and she said...

    Brian’s Answer

    One of the things that most people don't know is that your automobile insurance policy requires your insurance company to defend you against any claims arising from a covered automobile collision. You do not usually need to hire your own attorney. Send the documents to your insurance company. and they should assign an attorney to represent you at their expense. As far as disclosing your policy limits,I'll say this. Insurance information is discoverable if a lawsuit is filed. Sometimes, we are forced to file lawsuits simply to obtain policy limits information. While you are not required to disclose this information prior to litigation, the other side may end up filing the lawsuit just to find out that information.

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  • My toddler daughter, had an accident in her daycare, she got deep cut and got 14 stitches in her face, what action can we take

    What i was told is, she was running and fell down, and it happened because of her shoe, which came off and she fell down, she got lot of bleeding and i had to take here to emergency room , where she got 14 stitches. She is very young to tell me wh...

    Brian’s Answer

    How terrible. I hope she is okay. There could be several facts that would demonstrate negligence on the part of the daycare facility. Perhaps there was insufficient supervision. Perhaps she tripped and fell due to some dangerous condition. Perhaps they were engaged in some sort of organized activity. Perhaps the daycare lady put her shoe on improperly. There are several factors that a competent attorney could investigate. Also, the daycare facility should have liability insurance which may include no-fault coverage for medical payments. Consulting a qualified attorney would be your best bet.

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  • This question relates to a personal injury case.

    I currently am in the Discover stage of a PI case and my attorney is very new. The great injuries I sustained in this current case are completely unrelated to a PI case I had approximately 12 years ago and the defense is trying to subpoena the o...

    Brian’s Answer

    You should discuss this matter with your current attorney. There are options available. They could seek to limit the subpoena only to those injuries that are at issue in your current case. They could seek a protective order. They could enter into a stipulation re confidentiality so that the records are not used in any other proceeding. There are a lot of options available.

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  • Personal injury auto accident in California. What is the statute of limitations for making uninsured motorist claim?

    I am wondering how long I have to act if my recovery for my auto accident is against my own uninsured motorist coverage in CA?

    Brian’s Answer

    The Statute of Limitations for personal injury in California is 2 years. This also applies to Uninsured/Underinsured Motorist claims. The purpose of the 2-year deadline for UM/UIM claims is to allow your insurance company an opportunity to seek relief from the uninsured at-fault party.

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  • Car accident with injuries but little damage to vehicle

    my husband was involved in a rear-end collision he has severe pain in back and neck.he was stopped at a red light in a large SUV when he was rear ended buy a low car.because of the height of his vehicle the car slid under his which left little vis...

    Brian’s Answer

    You should contact a local attorney as soon as possible. In many instances, the amount of property damage is not indicative of the severity of injury. Also, there could be unseen damage under your husband's vehicle.

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  • Can I be sued for putting an unfavorable (true) review on Avvo?

    I put an unfavorable review on Avvo. I did not call names. My statements are true.

    Brian’s Answer

    Can you be sued? The answer is yes. Will they prevail on their lawsuit? Now, that is a different story. Our civil litigation system has its pros and it cons, and for better or worse, basically anyone can sue anyone for anything. The real question is whether they would prevail on their lawsuit. As long as your statements are truthful, it would be very difficult for them to prevail on any defamation claims. One thing they always said in law school: "truth is the ultimate defense to a defamation claim."

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  • Who pays for ambulance service if child suffered head injury at school?

    Son was sent out of the classroom w/ another student by teacher (classes already in session) and he collided with another student he fell was unconscious had a mild seizure and concussion and also impacted tooth. Dad was there getting ready to lea...

    Brian’s Answer

    Generally speaking, the at-fault party will be responsible for the medical bills, including the ambulance. You should talk with an attorney to see if the school was negligent. Most attorneys will provide a consultation for free.

    Brian A. Carness, Esq.
    STOLL, NUSSBAUM & POLAKOV
    11601 Wilshire Blvd., Suite 200
    Los Angeles, CA 90025
    (310) 996-7500 Phone
    (310) 575-4353 Fax
    bcarness@stolllaw.com

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  • Do I need a lawyer for car accident ?

    I was tboned and my truck rolled. I had to be cut out of the truck and was in the hospital for 3 days with 10 broken ribs. I lost pay and all of my sick days. Since the accident I have been going to a chiropractor for treatment. Also because of th...

    Brian’s Answer

    Remember this, insurance companies are good at 2 things: collecting premiums and denying claims. Yes, you should hire an attorney. They insurance company already has a team of lawyers working against you. You should have at least one attorney fighting on your side.

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  • Remodeling Contractor took my money and never returned

    I hired a remodeling contractor to repair my ceiling in my house I paid him he left early before finishing the job and my ceiling is unfinished now has a big crack in it and plaster smudged everywhere he also ruined my kitchen with dust everywhere...

    Brian’s Answer

    If he is refusing to contact you or return your calls, you have very little options other than to formally sue him. I always try to send a letter asking him to contact you so that formal litigation is not necessary. Then if he still refuses to finish the job, you should file the law suit. Make sure to document all of the work; you can never take too many photos.

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  • Who pays, medical insurance or personal injury on car insurance?

    My wife was recently in a car accident, she blacked out. No other vehicles involved and hit a power pole. Was treated at a local hospital, but because she blacked out they said it triggered a "traumna" protocol that they couldn't treat, so they se...

    Brian’s Answer

    The answer will depend on the language of your various insurance policies. Many times, your auto insurance medical payment policy will state that this coverage is secondary to any other potential coverage you may have. Also be aware of your obligations regarding reimbursement to one insurer or the other.

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