Evan Andrew Gould’s Answers

Evan Andrew Gould

San Diego Employment / Labor Attorney.

Contributor Level 11
  1. I need to sue my Farmers Auto Insurance Agency who do I contact? I am in Venice, CA 90291

    Answered about 2 years ago.

    1. Evan Andrew Gould
    2. Pius Joseph
    3. Scott J. Corwin
    3 lawyer answers

    It sounds like you may need a fresh look at your situation and/or that you are having issues understanding the claims process. You talk about your case but don't mention whether you were injured or what "two years of money and stress" means. There are no facts about the accident. In short, it is difficult to give you any meaningful advice without more information. "Two years" however tells me you should be made aware of the applicable statute of limitations in California and statute of...

    11 lawyers agreed with this answer

  2. MEDICAL LIEN REDUCTION....IS IT DONE BEFORE SETTLEMENT OR BEFORE DISBURSEMENT?

    Answered over 1 year ago.

    1. David Ian Schoen
    2. Robert Bruce Kopelson
    3. Andrew Daniel Myers
    4. Merry Melinda Fountain
    5. Christian K. Lassen II
    6. ···
    9 lawyer answers

    Either before or after. Many providers won't negotiate with you until they know the settlement amount. Others won't negotiate unless every other provider reduces and (in some cases only then if the attorney reduces as well). The larger the settlement, regardless of whet was "envisioned" the less providers like to reduce. They figure if you are putting a large chunk in your pocket why should they reduce at all. In this economy, everybody wants to be paid. If the client has already signed a...

    10 lawyers agreed with this answer

  3. I am a hairdresser. My customer wants to sue me for a supposed scalp injury.

    Answered over 1 year ago.

    1. Malosack Berjis
    2. Evan Andrew Gould
    3. Christian K. Lassen II
    4. Michael Shemtoub
    5. Christopher John Gansen
    5 lawyer answers

    Even if you rent a chair or booth from a salon, there is a chance you may have coverage under the salon's policy. Whether you are responsible, or at fault, requires an analysis of the facts to determine whether you were negligent. I assume it was a burn claim from a perm solution? I have seen several of these cases where the stylist was found to be at fault and other cases where the product was to blame. I would suggest you discuss the facts with a local attorney or your insurance company asap.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. What happens when your in an accident with an unlicensed driver with insurance?

    Answered over 2 years ago.

    1. Evan Andrew Gould
    2. Douglas J. Schiffer
    3. Charles Owen Geerhart
    3 lawyer answers

    While one would logically think that licensing laws would protect you in a situation like this (the intent of this type of statute being protection of the public from unlicensed and inexperienced drivers) logic doesn’t always dictate! In fact, in most states, the violation of a criminal safety statute does not usually, in and of itself, create civil liability. In most states, California included, you must prove negligence. In this case, the other driver’s lack of a valid CDL didn’t really...

    9 lawyers agreed with this answer

  5. Can i file a wrongful death suit on behalf of my 2yr old grandson against a security guard company.

    Answered over 2 years ago.

    1. Robert L. Brenna Jr.
    2. Evan Andrew Gould
    3. Joseph Jonathan Brophy
    4. Oleg Cross
    4 lawyer answers

    I too am sorry for your loss. I have attached a link to a previous article which discuss generally the difference between a Wrongful death and a Survivorship action. I would suggest you obtain any and all factual information, police reports, witness statements, etc and have them reviewed by a an experienced wrongful death attorney for an opinion regarding the viability and potential costs associated with such a case. http://www.avvo.com/legal-guides/ugc/distinguishing-between-survivorship-...

    7 lawyers agreed with this answer

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  6. My car was totaled! I was driving on the freeway in the early morning, going 65mph. I realized there was someone tailgating me,

    Answered over 2 years ago.

    1. Evan Andrew Gould
    2. Lars A. Lundeen
    2 lawyer answers

    I agree with Mr. Lundeen. You should however report this to your insurance company and it may be covered under your UM coverage. Most insurance companies however require some form of actual physical contact between the vehicles to be proven and would require you to prove the other vehicle was actually uninsured. This is obviously a difficult thing to prove since presumably you do not have the license plate or other identifying information regarding the other driver. You should definitely...

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  7. Towing company won't pay for damage, claiming road hazard as their defense

    Answered over 2 years ago.

    1. Evan Andrew Gould
    2. Robin Mashal
    3. Nicholas Basil Spirtos
    4. Scott Richard Kaufman
    4 lawyer answers

    While not legal advice per se, you may find the following link helpful in deciding how to handle the matter. http://www.progressive.com/understanding-insurance/entries/2009/8/31/who_pays_for_towing.aspx Additionally, if the towing company refuses to assist or even process the claim, your carrier (especially if it also AAA) may be willing to waive the deductible given the fact that it was their agent or subcontractor that caused the damage. Also, if you can prove the damage was caused by a...

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  8. Slip and fall medical documentation

    Answered over 2 years ago.

    1. Paul Y. Lee
    2. Slavik Steve Leydiker
    3. Evan Andrew Gould
    4. Kevin Samuel Sullivan
    5. Charles Owen Geerhart
    5 lawyer answers

    Mr. Lee and Leydicker are correct. A one week gap in treatment is not uncommon or unreasonable. Document all aspects of your damages and you just might be able to resolve things directly. If you feel the offer (if any) is unreasonable you should be able to find someone to help negotiate on your behalf.

    6 lawyers agreed with this answer

  9. Question about Medical Bills/Bodily Injury Case for Auto Wreck

    Answered over 2 years ago.

    1. Jeffrey Michael Padilla
    2. Hadi Edward Ramsey
    3. John O'Mara Mersereau
    4. Evan Andrew Gould
    5. Daniel Petrov
    5 lawyer answers

    I agree with Mr. Padilla. What it also sounds like you might be asking is whether your attorney gets paid before or after your medical bills are paid. If that is your concern, look to your fee agreement with your lawyer. This however would be a rather unusual arrangement as the majority of Personal Injury attorneys get paid from the gross settlement (off the top) and not the net (after medical bills). I only throw this out there because I do get this question asked with some regularity despite...

    7 lawyers agreed with this answer

  10. Can I sue my ex for giving me herpes?

    Answered over 2 years ago.

    1. Evan Andrew Gould
    2. Norman Gregory Fernandez
    3. Molly Cristin Hansen
    4. Robert Frank Melton II
    4 lawyer answers

    Yes. However, proof in some case can be difficult and of course your personal life (and hers) become an open book. While punitive damages may be possible, proving and collecting are two different things. I would encourage any client to think twice before pursuing this sort of a case and discuss with them the strong likelihood of a defamation cross complaint. These cases can get ugly and expensive quick and I'm not sure there ever is a real "winner".

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

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