Skip to main content
Kristin E. Hobbs
Avvo
Pro

Kristin Hobbs’s Answers

244 total


  • Explanation of causation and proximate cause in a fatal automobile accident. which driver is at fault of the fatality?

    there were two accidents... the first was a wrong way driver causing a fender bender with no injuries and a hit a run from this stabilized accident. The second accident was a third car crashing into the car remaining from the first accident. this...

    Kristin’s Answer

    As trial phenom Greg Rizio pointed out in his recent multi-million dollar verdict, "the second car should not get a free pass." If the second driver could have avoided the accident and did not because they were negligent, they should be responsible for the injuries they caused, which from your facts appear to be a death. There will likely be plenty of disputing liability so expect the insurance companies to come to differing conclusions. If your loved one was involved in this crash, feel free to contact any of us personal injury attorneys to talk.

    See question 
  • What can I do to protect myself from an auto insurance company, involving vehicle theft

    The way my car was stolen has been causing me problems left and right, mainly with the insurance company. The vehicle was involved in a hit and run and recovered by police before I even knew it was stolen, so the insurance company is sending my cl...

    Kristin’s Answer

    This is an all too common scenario for policyholders who have been the victim of a car theft. Under your insurance policy, you have a duty to cooperate with your insurance company. This means you need to give them what they are asking for, such as sign the consent form, sit for an examination under oath, give them your cell phone and bank records, etc. If you do not do these things, your insurance company can deny your claim for failure to cooperate.

    If your insurance company denies your claim, then you may have an insurance bad faith case against them. An insurance bad faith case is when your insurance company UNREASONABLY denies a claim.

    You insurance company should not be treating your claim like an adversarial process, but all too often they do and it makes your life hard. As much as you don't want to because they are being rude, you have to still cooperate. Keep reminding yourself that the worse they are to you now, the stronger your bad faith case could be if they do end up denying the claim. Be courteous and polite when talking to them and their unreasonableness will look all the more abhorrent if you later bring a bad faith case.

    Good luck.

    See question 
  • Do i need a attorney with a slip and fall at feather falls casino? she trip over a vacume cord.

    We were at feather falls casino in the early morning the custodians were cleaning and there was a cord that my girl trip on. She filled a accendent report and now her pain is getting so bad she needs to see a doctor.What do you sugest we do?

    Kristin’s Answer

    Hopefully you took pictures of the cord she tripped on. If she hasn't seen a doctor or been to the emergency room, she needs to go immediately and get checked out. The more time that has passed between the incident and the doctor visits, the harder it will be to have the casino pay out. Premise liability cases are tough to begin with so any problems in the damages portion makes the case even more difficult. Have your "girl" contact a personal injury attorney to talk about what happened.

    See question 
  • Is there a sign i can post that will not hold me liable if i allow persons to park in my driveway & pass through my property?

    im allowing my back neighbor(business) to have 5 employees park in my driveway and have an access going through the side of my home straight through backyard and and through a gate to neighbor(business) property. is there some posting i can just p...

    Kristin’s Answer

    You can try but they will fight it in court. Make sure you are being compensated for taking on this risk. What I mean is, there is a risk in allowing them to come onto your property although it does not necessarily mean something bad will happen and/or you'll get sued. But because this risk exists, in giving them the right to park there, make sure the amount of money they are paying you takes this risk into consideration. And, as attorney pointed out, increase your insurance limits to insulate yourself.

    See question 
  • Help! Does a personal injury lawsuit due to our landlord's negligence affect an eviction ? Thank you!

    Our LL of 23 years provides lackadaisical maintenance. April 2014 he had to break up our concrete walkway & dig up our front yard to repair a broken water pipe. The broken concrete was (and is) piled in the driveway, and plywood was laid down wit...

    Kristin’s Answer

    If your brother does not have a personal injury attorney, have him contact one immediately. Most of us offer free consultations and take cases on a contingency so there is no need to wait. As for the eviction, your question doesn't state what reason the landlord is giving for the eviction. If you have a lease agreement and are current with your rent payments, you should win your unlawful detainer action. Be sure to bring all proof of payment to the trial (cancelled checks, receipts, lease agreement, emails/voicemails/text messages, bank account statements showing the amounts withdrawn, etc.).

    See question 
  • Can I sue a doctor for continuing to send incomplete information to my HMO who denies me this life saving medication that I need

    to cure the dezise that I have been suffering with for over 15 years.

    Kristin’s Answer

    What disease is it and what information are they withholding (and why)? There are too many facts missing to give you a thorough analysis.

    See question 
  • Injured from mammogram...

    During the mammogram examination I had couple weeks ago, I felt strong pain during the technician placed an equipment on my chest area. This examination was done on Saturday, and I started having serious pain from Wednesday which is 3 days after. ...

    Kristin’s Answer

    As attorney Gansen said, if the technician caused your broken clavicle, there appears to be some negligence. Continue to seek treatment for your broken clavicle (if there is treatment for it), take some pictures, order a copy of your medical records, and contact a personal injury or medical malpractice attorney to discuss.

    See question 
  • What kind of lawyer or lawsuit should be pursued?

    i got in an accident in my car and I have full coverage on my insurance. But since I was on the clock for my employer they denied my claim. Though my employer said my insurance was enough. The insurance said my employer should have notified me to ...

    Kristin’s Answer

    It sounds like your own insurance is denying coverage because of a "business use" exception found in many policies. If you were found at fault for the accident and the other driver is pursuing a claim against you, you should tender your defense to your employer and their insurance company should handle that.

    As for your own property damage, your employer should indemnify you for the damage to your car. Labor Code 2802(c) authorizes attorneys fees if you incur them enforcing your right to indemnification against your employer.

    See question 
  • Need help with law on pit bull attack

    My mother was severely injured by a pit bull at a neighbors home. The dog had previously nipped at other persons and the owners knew he was dangerous. My mother had her arm torn, has permanent disfigurement, muscle and nerve damage. The dog has be...

    Kristin’s Answer

    Your mother should hire an attorney to pursue a claim against the homeowners. In California, when a dog bites someone, they are responsible for the injuries. Have your mom take plenty of pictures of the wounds and keep taking pictures as they are healing.

    Most of us injury attorneys take cases on a contingency and offer free consultations so there is no need to wait.

    See question 
  • Do I need a lawyer?

    I was in an accident 3 weeks ago while driving home from work that totaled my car. I had a cut on my should that has since healed (looks like it might leave a small scar), but I did not seek medical attention. I have 3 witnesses and a police rep...

    Kristin’s Answer

    You definitely should be seeking an attorney. It sounds like he is disputing liability, which means you should NOT talk to his insurance company or attorney because they will be using any statement against you.

    In the meantime, seek medical treatment NOW. If the accident was serious enough to cut your head, you should be checked out. Oftentimes neck and back pain that does not seem bad at first, will become persistent and nagging. If there is a large gap in treatment from the date of the collision, the insurance company will not want to pay you for your medical bills.

    Any of us personal injury attorneys would be more than happy to speak with you and we are usually offer free consultations.

    See question