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Pius Joseph
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Pius Joseph’s Answers

1,104 total


  • If the auto insurance company simply refuses to pay for the medical care they owe, can your personal health refuse to cover?

    Suppose the auto insurance company refuses to pay for medical care costs (not pain and suffering) for medical treatment when the insurance company itself admits a 50/50 liability. Can my personal health insurance refuse to cover what the auto insu...

    Pius’s Answer

    You have many questions here.

    First, third party liability carrier has no obligation to offer you any medical care and they will resolve the case only with a fight usually.

    Second, your insurance carrier has no obligation to pay for your medicals unless you carry medical payment coverage.In that case they are obligated to tender medical coverage to the extend of your med-pay limits UNLESS your med-pay carrier takes the position that the med-pay is only a secondary policy to your health insurance coverage.

    FINALLY, your health insurance ALWAYS has an obligation to render payment for your medical care.

    LASTLY, your health carrier can subrogate into your third party settlement and collect what they paid in your medical payments.
    LAST BUT NOT LEAST, if your med-pay carrier pays your medical payments they may under the terms of your policy subrogate into your settlement and take a piece of it.

    The above lays it out all, but if you are confused about the explanation Hire a good personal injury lawyer

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  • Can I sue State of California Med-i-cal for malpractice?

    I have had doctors change my epilepsy meds without doing a blood test, 4 months go by before I get an EEG, I've lost 40 pounds and have stomach pain 24/7 and each doctor ignore it. I feel like I am dying. I just want to see a real doctor and h...

    Pius’s Answer

    You may want to check if you have a claim against the manufacturer of your drug.So far you have not laid out any negligence claim except your fear . May be change your primary physician and get a second opinion on your drug.

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  • MEdical mal practice injurey or further injury due to neglagence do I have a case worth fight for my hand is dameged do to this

    I was addmited to the emergancy room on july 4 2015 at paradice valley hospital.I was suffering an injury on my knukle do to an altercation with a family member when the injury occured I took action do to the nature of these wounds tend too be s...

    Pius’s Answer

    You definitely have a claim against your family member for assault and battery. However, I have not seen enough facts regarding malpractice. Every medical mistake or results are not malpractice.You may need to have your records reviewed by a specialist(emergency medicine ) to first figure out about alleged malpractice and then figure out the damages that arises from this alleged negligence versus injury inflicted by your family member.

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  • Does my ex-husband have a right to know about any settlement amounts regarding an accident that happened before I met him?

    I had an accident about 6 years ago. I met my ex about 3 years after. We were together on and off for 10 months only. Now he's asking for money from my settlement of my PI case? Does he even have the right to know anything about my private busines...

    Pius’s Answer

    In most instances the recovery of personal injury damages in separate property.However, if there are issues of community interest is a question of fact and your hold consult a family law specialist regarding any community interest your ex has in your settlement. Good Luck.

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  • I am having problems with my personal injury lawyer and have not yet settled. Can I change my attorney?

    They had me give the hospital and ambulance company there phone # back in May . ambulance Company called and left collection info. No one called back. Now it's in collection and in my credit report. They also forgot to include ambulance bill for ...

    Pius’s Answer

    Personal injury cases take time to settle for a desirable value.Sometimes the case may have to be litigated for you reap reasonable value since we do not see reason in the offers made by insurance companies except in cases with large bills ,injuries and a small policy. So you amy have to work with your lawyer unless your case is being mismanaged.'
    Also it appears that there is miscommunication or lack of communication. If it persists despite your efforts, you amy have to move on in a more comfortable setting where communication exists.

    Good Luck

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  • Slip without fall Winco Foods

    Finishing my shopping, as i was walking to resgister slipped in puddle right near counter, did splits right leg went forward left leg back.. but didn't fall caught myself at the counters edge..slid 2 feet .. have pics and a witness .. not sure if...

    Pius’s Answer

    Having handled cases against WINCO in the past, I can assure you that they will put up a fight. They have a law firm North of Sacramento that defends all slip and fall cases in California. Since you claim a slip and fall claim, you will have to prove either "Notice" or a "dangerous condition". You must hire a lawyer immediately and ask WINCO to preserve the video .WINCO has cameras in its stores and they keep the recordings and may conveniently "lose" them when you ask for it. In my case,they claimed employee error for not finding the recording of the event ,i.e..the fall.

    So, a suggestion: If you are serious about the claim,hire a lawyer immediately.

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  • If a part on my car had a saftey recall is the manufactuer liable for damages which resulted from the malfuction of that part?

    my car overheats when i travel 30 miles or more esp when i run the air cond. i had to have the radiator changed the termastat and a water pump all in the same year. resently i got a recall notice on my car saying the part recalled can cause car to...

    Pius’s Answer

    There are few things you can do. First invoke your warranty and have them do the job. If you have the car repaired and similar issues pop up again,you can invoke California Lemon Law and return the car with the assistance of a lawyer . Usually,the lawyer will file a lawsuit to exercise your lemon law rights.
    Finally, your hypothetical about the "engine bluing up" will be serious and the dealer and manufacturer may have liability. You have an obligation to attempt to fix the problem, to mitigate any potential for such an event.

    Good Luck.

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  • Criminal proceedings in regards to a crime committed against a relative

    A relative went with a group of friends to Las Vegas and does not remember anything after having a beer and woke up next to the 50yr old man who was the boyfriend of the woman she was with. She has bruises consistent of a sexual assault and right ...

    Pius’s Answer

    You will need a Las Vegas lawyer,(Clark County), to look into any potential civil action against the perpetrator of the crime,besides any victim restitution . You can look into AVVO for a referral .

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  • Car accident case in california, does a county hospital have an AUTOMATIC lien on the case even if they don't notify cert mail?

    I was reading all about hospital liens in California and trying to understand how they work. It looks like they need to send a certain notice to me (or my attorney) in order to "perfect" their lien. Is that also true for county hospitals or do the...

    Pius’s Answer

    Yes, there is no need to perfect a "County Hospital Lien" if you are a recipient of Medi-Cal or Medi-Care benefits. You, the claimant has actual notice and your lawyer will have constructive notice of the lien. That means both the client and attorney can get sued if the lien is ignored among many remedies available to DHCS or Medi-Care . So, be careful.

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  • I was broadsided. Who is at fault?

    I was traveling southbound crossing a 4 way intersection (traffic light controlled) going straight on the far right lane. I was more than 80% finished crossing the intersection when I suddenly get broadsided by a car driving eastbound. I was struc...

    Pius’s Answer

    If you can establish a been light of course you can shift the blame to the other party.You might want to check if there were cameras at the intersection.Also you can check the light synchronization at the intersection. It amy be important to know the trajectory of other vehicles at the location. Since you did have control of the intersection the analysis also will involve the position of damage to both vehicles. Did you find any witnesses. It appears that there is no police report.
    Based on your facts you may have a case, but you will have to pursue an action against the party liable.
    Good Luck.

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