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Ying Xu

Ying Xu’s Answers

105 total


  • I WAS REAR ENDED . POLICE PUT ME AT FAULT. WOULD A LAWYER HELP ME IT WASN'T MY FAULT!

    I was at a stop sign on groschkee street waiting for traffic to slow down on highway 6 .When I was able to make the right turn on to highway 6 I got established on the lane and a ford truck coming toward high way hit me . I got injured and was ru...

    Ying’s Answer

    Yes, an experienced personal injury lawyer can probably help you straighten out liability and manage your medical care.

    Don't delay.

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  • Do I have any recorse

    Hi, so I was an over medicated child, was wrongly diagnosed with adhd and bipolar. when in reality, I knew then that I was a transgender-ed youth. I can not transition due to having a child, custody in my county is very religious. Being transgende...

    Ying’s Answer

    Unfortunately, the time limit for anybody to sue a medical provider like a hospital for its negligence is very short. In your case since your claim seems to be based upon something that happened many years ago, presumably with your parents' or guardian's consent, it would be extremely difficult, if not impossible to get any recovery.

    I do encourage you to consult a local personal injury attorney for a fact-based analysis. Most lawyers offer free half-hour consultation, perhaps it can give you a closure or peace of mind.

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  • Should I release bodily injury policy limits?

    I was in an at-fault accident with minor damage. The other party has filed a bodily injury claim against me and the attorney retained by the other party is requesting my policy limits. I have 100,000/300,000 coverage. Is it in my best interest to ...

    Ying’s Answer

    • Selected as best answer

    Your insurance company may try to discourage you from disclosing your policy limits by making representations that ain't exactly true. For example, they may tell you the other party (the claimant) could be exaggerating the claim once they know you've got a higher than minimum policy limits.

    The truth is, almost every claimant will agree to settle within your insurance policy limits regardless of the amount if the limits are offered by the insurance company before suit is filed. The purpose of seeking the policy limits disclosure was to resolve the case for the limits, therefore sparing you from an unnecessary lawsuit.

    I don't see why you should conceal it from the other party, they'll find out about it as soon as they're forced to sue you. It's not worth hiding.

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  • Probably a silly question but who's supposed to sign & date the bottom of Page 1 of the Form Interrogatories (FL-145)?

    Propounding or Responding party?

    Ying’s Answer

    If you're talking about the judicial council form interrogatories then that line does not need to be signed.

    It provides you with an example as how the verification for the answer should read.

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  • Shouldn't the hospital bill those at fault for medical expenses, not the Medicare/Medical of the injured party?

    My friend sustained life-threatening injuries when a car hit him as he stood on the side of the road getting his vehicle lifted onto a tow truck. The car that struck him spun out and slammed into his body, pinning him between the car and the tow t...

    Ying’s Answer

    • Selected as best answer

    Your conclusion is correct; however, it probably will take months, perhaps years, before the at-fault parties pay a sum to settle your friend's injury claim. Once that's done, part of the settlement money will be used to reimburse MediCare/Medi-Cal for their conditional payment, right now, the hospital, doctor, and pharmacy's only way to get paid would be through MediCare/Medi-Cal or other non-fault coverage, and it is true they only pay pennies on a dollar, which would potentially affect the value of your friends claim.

    As other comments state, find him a lawyer, he needs it.

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  • Is It Too Late to File Wrongful Death v. taking MDL Settlement?

    My fiance signed onto a large MDL lawsuit against a pharmaceutical co. for wrongful death (father). A year ago he received a letter stating his portion of the settlement would be less (half) due to the number of plaintiffs that unexpectedly surfa...

    Ying’s Answer

    Product liability lawsuits against a pharmaceutical company could be very difficult to pursue. However, if the attorney fees are about half of the settlement I'd expect more from the attorneys. For example, have the lawyers taken the time to sit down with your fiance and discuss what options he had? What about consequences of signing any document that releases the offender from further responsibilities? If he was just one of many plaintiffs in a class action then chances are he'd gotten more attention if he was the only plaintiff in a standalone lawsuit.

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  • Can I fire my weak attorney if no disposition have been filed on a wrongful death suit ? My son died on 9/7/2013

    my son went to kaiser for foot pain and was declared brain dead 12 hours later. The cause of death was over medicated within 8 hours they gave 2 oxycodone 2shots of morphine 2 of hydromorphine and a shot of thorazon.the nurses ignored his cry for...

    Ying’s Answer

    Did you mean the case remains pending a year and a half after the wrongful death of your son?

    Well, in the bizarre world of medical malpractice litigation, an extended delay caused by the defendants is quite common, especially when there's dispute regarding who's ultimately responsible for the preventable medical error.

    Your attorney may not be weak at all. Talk with him and find out why the case is still pending, but don't assume anything just yet. Keep in mind the world can sometimes be brutally unfair. If everyone played by the rules, we lawyers don't need to exist, and your son would still be alive.

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  • I was in a car accident And not at fault. Offer is $6500, $4092 for medical and $2500 for pain & suffering, is this sufficient?

    I was at a full stop, the at fault driver pulled out and hit a truck, and the truck hit me. Hand and leg bruised

    Ying’s Answer

    If you have not signed a paper called "Release", it's not too late to look for a personal injury attorney who'll fight for your maximum recovery.

    We don't have enough relevant information here to tell you whether the offer was "sufficient". However, I can tell you any lawyer who acts on your behalf would be asking a lot more than $6,500 if you've got $4,092 in medical bills ... this is particularly true if the bills have been paid for by a source other than the at-fault driver's insurance company.

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  • In California, for a bodily injury claim against car insurance, do I have to give them my ssn?

    This is what I was told in an email: "Again as a reminder we cannot settle your bodily injury claim without your social security number as per the Mandatory Insurer Reporting (NGHP) guidelines in section 111 of MMSEA we as an insurance company hav...

    Ying’s Answer

    The more important question is, HAVE YOU SETTLED YOUR PERSONAL INJURY CASE WITH THEM YET?

    It wouldn't matter whether they NEED your SSN or not if the money offered is not acceptable to you, would it?

    You're under no obligation to provide your SSN, not in claims stage, not in litigation. But you do need to look out for your own best interest, find lawyer who can help you battle the insurance companies that had too much fun with the illusion that they've got the last word, or they're in a position to "allow" you certain compensation. You need someone in your corner to help fighting those bullies. Good luck!

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