Patrick John Phillips’s Answers

Patrick John Phillips

San Diego Personal Injury Lawyer.

Contributor Level 17
  1. Can an employer terminate me if I refuse to sign a non-disclosure and non-compete agreement?

    Answered about 2 years ago.

    1. Michael Robert Kirschbaum
    2. Neil Pedersen
    3. Michael Charles Doland
    4. Patrick John Phillips
    5. David Andrew Mallen
    5 lawyer answers

    Restrictions on competition are generally unenforceable in the state of California. Business and Professions Code section 16600 states: "Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." There are some narrow exceptions involving the sale of a business (to protect people who purchase a business from having the previous owner turn around and immediately compete with...

    24 lawyers agreed with this answer

  2. My granddaughter was malled by two pit bulls. Does she have a right to sue?

    Answered 11 months ago.

    1. John Ksajikian
    2. Patrick John Phillips
    3. Paul J Molinaro
    4. Richard Glenn Elie
    5. Patrick L. Bales
    6. ···
    13 lawyer answers

    I am very sorry to hear about your granddaughter's injuries. She likely has legal claims against the owner of the dog for negligence and perhaps also strict liability pursuant to California's dog bite statute. Consult with a personal injury attorney immediately. Good luck to you both.

    14 lawyers agreed with this answer

  3. How can a person protect their cash in bank account from possible law suit judgment arising from a car accident.

    Answered over 1 year ago.

    1. Robert Max Klein
    2. Jeffrey Mark Adams
    3. Joseph John Bernardo
    4. Patrick John Phillips
    5. David Ian Schoen
    6. ···
    13 lawyer answers

    The civil justice system would be meaningless if defendants could simply shield their assets to prevent collection on a judgment. There are ways to make collection more difficult, sure, but keep in mind that interest will accrue on the outstanding judgment until it is paid. Your LICENSE can also be suspended until the judgment is paid. Sorry, but there is no easy way out. Good luck. http://www.johnphillipslaw.com

    14 lawyers agreed with this answer

  4. Is a "Release Of All Claims" form standard when it comes to settling a medical claim resulting from a car accident in CA?

    Answered over 1 year ago.

    1. Patrick John Phillips
    2. Raymond Jacob Zolekhian
    3. Christopher John Gansen
    4. Sagar P. Parikh
    5. Michael R Crosner
    6. ···
    14 lawyer answers

    A release of all claims will always be a prerequisite to settlement. The better question is whether you are receiving adequate compensation for your injuries, which depends on how low you've been able to negotiate your health insurance company's lien on your settlement, your medical bills, projected future medical bills, loss of earnings, and more. http://www.johnphillipslaw.com

    14 lawyers agreed with this answer

  5. Do i need an attorney ? A car hit me when i was riding my bicycle on a city street.

    Answered almost 2 years ago.

    1. Malosack Berjis
    2. Mariam Mary Margaryan
    3. Briny Adam Woods
    4. Ryan Daniel Bright
    5. David Ian Schoen
    6. ···
    18 lawyer answers

    More facts are necessary to determine whether you have a claim, but you should absolutely consult with a local employment law attorney regarding this accident. If you can demonstrate that the driver of the vehicle was negligent in causing your injuries, you would be entitled to compensation for your medical bills, lost wages, and general "pain and suffering." Understand, however, that few injury claims are straight forward. The legal issues are typically nuanced, and the insurance company'...

    14 lawyers agreed with this answer

  6. Is my spouse required to release her loss of consortium claim in order for me to receive my own auto accident injury settlement?

    Answered almost 2 years ago.

    1. Todd J Stabinski
    2. Don Paul Harvey
    3. Jeffrey Robert Davis
    4. Elizabeth Taylor Herd
    5. David Ian Schoen
    6. ···
    15 lawyer answers

    Your wife's loss of consortium claim is distinct from her own bodily injury claim. It is common to request a release of a spouse's LOC claim as part of the settlement for the physically injured spouse. If your wife was physically injured, waiving her loss of consortium claim will not impact her ability to sue for her own bodily injury. http://ww.johnphillipslaw.com

    14 lawyers agreed with this answer

  7. Should I sue for fall on stairs with no railing and broken ankle?

    Answered over 1 year ago.

    1. Michael R Crosner
    2. Steven Mark Sweat
    3. Raymond Jacob Zolekhian
    4. Patrick John Phillips
    5. Albert Lee Crosner
    6. ···
    11 lawyer answers

    Your damages are sufficiently severe to warrant further investigation into this claim. Ultimately, you will need to prove that the stairs without railing constituted an "unreasonably dangerous condition," and that will depend on a number of facts which cannot possibly be determined through this limited online forum. Consultation with a local personal injury attorney would be strongly advised. http://www.johnphillipslaw.com

    12 lawyers agreed with this answer

  8. What does "does 1 to 25" mean?

    Answered about 2 years ago.

    1. Michael Douglas Shafer
    2. Malosack Berjis
    3. Patrick John Phillips
    4. Steven Mark Sweat
    5. S. David Rosenthal Esquire
    6. ···
    9 lawyer answers

    That simply refers to culpable parties who have yet to be identified. Essentially, the plaintiff is "covering their bases" by naming these parties as "Does" now so they can go back and amend their complaint if they learn through the discovery process that someone else is also liable.

    12 lawyers agreed with this answer

  9. Can I hold my homeowners insurance liable for damages in a person injury, dog bite case, if there is a canine exclusion clause?

    Answered almost 2 years ago.

    1. Patrick John Phillips
    2. Richard Andrew Harting
    3. Robert Bruce Kopelson
    4. David Ian Schoen
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    If the homeowners policy was revised to have a "canine exclusion," the only way to hold the insurance company responsible would be to argue that the revision is unenforceable, either because it was misrepresented to you or changed during a coverage period for which you had already paid and during which the claim arose. You'd need to discuss the dischargeability of a punitive damages award with a BK attorney, but my understanding is that punitive damages fall within the 523(a)(6) exemption...

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  10. Can I sue my employer for negligence after I pre-warned them of the danger I may be in

    Answered over 1 year ago.

    1. John L. Schroeder
    2. Roger Stone Reynolds
    3. Patrick John Phillips
    4. Gabriel Dante Mazzitelli
    5. David Herman Hirsch
    6. ···
    9 lawyer answers

    You cannot sue for prospective harm. Think of how clogged our court system would be if everyone could sue for what "almost" or "might have" happened. Assuming you have not yet sustained an injury, you have no claim. Even if you are injured, your sole recourse against your employer would be to file a workers comp claim unless you can prove that your injury was a result of their reckless or intentional misconduct or the result of third party negligence (someone that doesn't work for the...

    11 lawyers agreed with this answer