Jacob Adam Regar’s Answers

Short answer: an offer to settle the case can come any time after depositions occur or even before the depositions. Every case is different and there are numerous factors that will determine when an offer to settle will be communicated. Private mediation can occur any time the parties agree to attend this alternative form of dispute resolution. Both sides in a lawsuit will want to have as many facts as they can gather prior to attending mediation. In a personal injury case, some important...

If your slip and fall was caused by the grocery store’s negligence, you would be entitled to recover for your personal injuries. To recover, you would have to prove that the grocery store’s employees acted unreasonably by not discovering the slippery substance on the floor soon enough and taking too long to clean up the substance. So, there is a time element that would be relevant to these facts. Your perception that the vomit was cold could support an inference that the vomit had been on the...

Experience shows that injured car accident victims should always consult with a personal injury attorney when they are serious about maxamizing their right to recover fair compensation for their injuries. A consultation with a PI attorney should be free. The injuries you describe sound serious and the medical bills are pretty high. You can attempt to recover from either driver, but you can discuss your options with an attorney once they learn all of the facts. In CA, the statute of...

I am not licensed in your state. I am licensed in CA. You should contact a personal injury attorney in your area and learn about your rights. You will want to find out about the statute of limitations to make sure you can preserve your right to file suit against the responsible party if necessary. The damage to your car sounds significant and you mention that you suffered injury. You should seriously consider consulting a personal injury attorney to learn what steps you can take to...

Every auto accident case is unique because personal injuries affect people differently. Having said that, if your injuries and medical treatment (including neck surgery) were caused by the accident you may need substantial compensation. Some factors that would impact the extent of compensation that you deserve would be the extent of any pre-existing cervical injuries (including degenerative changes), your loss of income plus any loss of earning potential, the extent of future medical treatment...

If you were injured you should call a personal injury attorney and learn the full scope of your rights. You should also treat for your injuries. This would be a case of premises liability where the owners/or persons in control of the property may have been negligent in allowing a dangerous condition to exist on their property causing you to suffer injuries. If you are not injured you wouldn't have a case but this could only be determined by speaking with a personal injury attorney. You can...

I suggest contacting a personal injury attorney to learn the full scope of your rights. Consultations should be free and after you review all of the facts with an attorney you will have a better idea of whether you should be represented to obtain fair compensation for your losses. I also suggest that you treat for your injuries if necessary. You can review my legal guide that relates to your question... it's posted on my Avvo.com profile and you may find it helpful. All the best in this matter.

It appears the next step is the settlement conference. Whether the case will settle depends on whether both sides feel a settlement makes more sense than going to trial. There are some excellent mediators that participate at settlement conferences and they can be very helpful in showing each side the strengths and weaknesses of the particular case. Also significant is how far apart both sides are with respect to the amount of money demanded by plaintiff, the extent of plaintiff's injury and...

I've seen an out of state homeowners policy cover the homeowner for a battery he committed. They split the damages with the homeowner. It would seem the homeowner's intentional act should have constituted an exclusion under the policy. The homeowner was drunk when the incident occurred. This seemed like a pretty strange outcome. But homeowners policy should cover negligent acts not related to auto accidents.

Attorney Fernandez is correct in pointing out the application of Proposition 213 to your facts. This rule is codifired in CA Civil Code section 3333.4(a)(2). To paraphrase in part and to quote in part, if you sue for personal injuries "arising out of the use of a motor vehicle," you will not be able to recover for pain and suffering "if the injured person [owned] the vehicle involved in the accident and the vehicle was not insured."