Tyler James Barnett's Answers

Can I sue a school for negligence and pain and suffering if my daughter was hit in the head with a baseball bat?

Yes. If the school provided the bat or made the bat available to small children during play time and failed to supervise them, then you may have a legitimate case. Also, if the school was on notice that this paritcular child had engaged in rough play before and if other children had been injured by him in the past, then the school should have taken appropriate precautions. Please be advised that if this is a public school, claims against the school district must be filed within six months of...

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How do I pursue compensation for asbestosis

Kaiser Shipyards were one of the biggest shipbuilding yards in the United States. In 1939, Henry J. Kaiser established the seven Kaiser Shipyards, four of which were located in Richmond, California, and the other three in Vancouver, Washington and Portland, Oregon. It was primarily built to create merchant ships. Kaiser Shipyards were known for speedy and effective methods of shipbuilding. During the period of operations, Kaiser Shipyards built 1,490 U.S. Navy ships. However, at the end of...

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My son was killed as a passenger in a car and his girlfriend was driving and also killed and was uninsurred. what are my options

You may be able to file an uninsured motorist claim through your son's auto insurance carrier. I suggest you pull the Declarations Page to his auto insurance policy and see if he carried any uninsured motorist coverage. There also may be other culpable entities that you have not considered, and this, of course depends on the facts that are partcular to this case. Feel free to contact me should you wish to discuss your options.

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We have an open/pending claim from 1996 with Insurance Co. Daughter was bitten by dog at 5 years of age. What is the time limit?

She will have two years to file a lawsuit from the date she turns 18. But, typically in cases such as this, you need a lawyer to maximize the victim's recovery. The damages are not limited to the medical bills. In this case, where the scar is visible and on an area of the body that can't be covered, you need a lawyer to emphasize the impact it has on this young woman personally and socially. She will have a constant reminder of this traumatic event every time she looks in a mirror. My...

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Is husband liable in anyway for wifes death?

No. The only applicable coverage for the husband would be homeowners insurance, which invariably would have a co-resident exclusion. Also, there was an intervening factor that caused his wife's death, the hit and run. What you should really be focusing on is identifying the hit and run driver and determining whether the wife has any uninsured motorist coverage under her auto insurance policy. Those would be the best avenues of recovery. In addition, photos should be taken of the accident...

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Are minors exempt from 2 yr statue of limitatations law?

Your daughter has 2 years to bring a personal injury action against a non-governmental entity from the date she turns eighteen (18). In otherwords, the 2 year clock does not start ticking until her eighteenth birthday. If there is any way my office can be of any benefit to you or answer any additional questions, please do not hesitate to contact me directly.

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Do you have to be found negligent in order to be held liable?

First, you may be entitled to certain workers compensation benefits if you qualify as an employee. Second, even if you are not an employee, just because the insurance carrier tells you its insured is not negligent does not necessarily make it so. The overlap of workers comp and third party cases is something that is complex and an ever changing body of law. You owe it to yourself to make sure all avenues of recovery are explored. Instead of just taking the insurace carrier's word, you might...

I'm from Australia. On holidays in USA recently i suffered a nasty accident in which i had to fly home early.

You may have a few different avenues of recovery here. First, you may have a workers comp claim that you can make through your own company. Second, you may have a third party injury claim against the people who were responsible for the pipe and tiled surface. Your options are certainly complicated by virtue of residency in Australia but a California lawyer who specializes in these areas should be able to assist you. Feel free to contact me or my office if you would like to discuss this...

Can I sue the school district for a personal injury and negligence?

Your case against the school district my be valid if the school teacher and / or staff were aware a problem existed and failed to take reasonable steps to prevent this sort of thing from happening. There are strict time requirements for suing a governmental entity. You should consult with a lawyer right away.

Do I need an attorney to help me settle a dog bite claim?

These cases can be very valuable and the reality is that the homeowners insurance carrier will try to take advantage of someone not represented by counsel. It is absolutely advisable that you consult with an attorney who has handled dog bite cases before and is familiar with the statutes and insurance issues. Feel free to get in touch with me directly. My office handles cases like yours all over the State of California.