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.
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...
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...
It depends on the terms of your insurance policy. Usually, insurers will seek reimbursement if you recover from the at-fault party. However, in most instances, an insurer has a right to reimbursement only if the insured has been "made whole." In California, being "made whole" includes medical damages, past and future special damages, and general damages for pain and suffering.
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.
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.
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.
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
Generally, insurance companies have an inherent incentive to hold onto the money as long as possible. In reality, it shouldn't take more than a few days to have the settlement check issued and mailed out to your attorney; however, insurance companies often take longer. I usually include a term in my settlement agreements that payment is to be delivered within 14 days.
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.