Constantine D. Buzunis’s Answers

Constantine D. Buzunis

San Diego Litigation Lawyer.

Contributor Level 17
  1. Is a california driver able to collect damages for pain and suffering where he/she was rear-ended by another driver, and he/she

    Answered about 2 years ago.

    1. William Peter Daley
    2. Michael Shemtoub
    3. Constantine D. Buzunis
    4. S. David Rosenthal Esquire
    5. Robert Bruce Kopelson
    6. ···
    12 lawyer answers

    Yes if you were injured and the other driver was at fault, you can collect against them and make a claim on their insurance for your injuries and damages. The fact they were legally under the influence, allows you to also claim punitive damages for which the other driver is legally responsible as the insurance will not cover those damages. You can recover for your property damage, loss of use of your car (rental car), loss of past and future earnings. loss of earning capacity, past and future...

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  2. Why its so hard to find medical malpractice attorney?

    Answered about 2 years ago.

    1. Kristin E. Hobbs
    2. Robert Max Klein
    3. Matthew William Clark
    4. Constantine D. Buzunis
    5. David B Pittman
    6. ···
    12 lawyer answers

    Medical Malpractice cases are difficult and can be costly to win. You require a medical expert that can say the doctor fell below the standard of care for your medical community and the doctor's negligence was a legal or proximate cause of your injuries. You also need to show that you have resulting damages that entitled you to compensation for your medical bills, lost earnings and pain and suffering. You most certainly also reviewed and signed a form(s) that informed you that there are also...

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  3. Is it necessary to sign the release to get compensation/payment from Insurance Companies?

    Answered about 2 years ago.

    1. Jeffrey Mark Adams
    2. Edward Phillip Shaughnessy
    3. Rebecca Lynne Melone
    4. Constantine D. Buzunis
    5. Michael Charles Doland
    6. ···
    14 lawyer answers

    This is very standard, the insurance company wants to know they are buying their peace on behalf of themsleves and their insured client. I assume your concern is over a Civil Code §1542 Waiver of all unknown and unforeseen injuries and damages, this is standard language. If you discover something a day or 2 years after the effective date of the settlement you can not go back and sue the defendant or the insurance it is over. If you were not comfortable with the settlement you should not have...

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  4. I'm in Pro Per and one of my cause of actions is for Intentional Infliction of emotional distress. The defense has filed for

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Constantine D. Buzunis
    3. Sean Michael Patrick
    4. Neil Pedersen
    5. Christine C McCall
    5 lawyer answers

    I am guessing the defendant filed a motion for summary adjudication on your cause of action for intentional infliction of emotional distress. If that is the case, you will need to file and serve an opposition within 14 days from the hearing date. See CCP 437(c) for motion for summary adjudication. You have the burden of proof as the plaintiff in the case and you must demonstrate the defendant engaged in conduct which exceeded all bounds of decency normally tolerated by society.” Adding an...

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  5. I'm a cab driver, a drunk passenger hit me. Can I sue him? File a claim against him? What are my rights?

    Answered about 2 years ago.

    1. Robert Max Klein
    2. George Costas Andriotis
    3. Alexis Saphire Breyer
    4. Constantine D. Buzunis
    5. Steven Mark Sweat
    6. ···
    8 lawyer answers

    Well obviously he was wrong to conduct himself in such a manner, and this could potentially be a 'hate crime', which carries special financial penalties if proven. I think you and your father should discuss this with the police and the City Attorney or District Attorney to see if this situation would meet the requirements. Your father also has a case if the passenger still did not pay and has no valid defense? I wonder if the police caused a blood alcohol/drug test to be done as this would show...

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  6. In reference to a personal injury: I am a victim of a violent act that happened in my home by another person. I was injured.

    Answered over 2 years ago.

    1. Constantine D. Buzunis
    2. Robert Bruce Kopelson
    3. Christian K. Lassen II
    4. Manuel Alzamora Juarez
    5. Jeffrey Mark Adams
    6. ···
    7 lawyer answers

    First you need to call the police and file a criminal complaint if you were attacked. Then you need to retain a lawyer that is experienced in these kinds of cases to represent you. If the other person was over 18 years when the incident occurred, then you can only sue them, unless there were others that were either directly involved or were part of some conspiracy to attack you for some reason? The fact that an adult still lives with there parents is of no consequence, unless the parents are...

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  7. My son fell at school and now he needs oral surgery.

    Answered over 2 years ago.

    1. Constantine D. Buzunis
    2. Jeffrey Mark Adams
    3. Shawn Michael Haggerty
    4. Farid Yaghoubtil
    5. Timothy Leo Bowden
    6. ···
    6 lawyer answers

    First and foremost get your child to the right dental expert, maybe an endodondist? If they are recommending removal of all the teeth, get a second opinion ASAP! You can make a claim against the school district for the injury. If it is a public school, they enjoy certain govermental immunities that make it difficult to recover? You need to retain an attorney experienced in injury claims against school districts. Normally a claim must be filed within 6 months and then once the claim is rejected,...

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  8. What do I need to do, as a Plaintiff in propria persona, after defendant files his Answer (that includes Affirmative Defenses)?

    Answered about 2 years ago.

    1. Constantine D. Buzunis
    2. James Carl Eschen III
    3. Michael Charles Doland
    4. Radhika Sood
    5. Robert Bruce Kopelson
    5 lawyer answers

    The smartest and best thing you can do right now is get yourself a good lawyer to represent you in your case. Once the defendant answers, you should proceed with the necessary discovery. You should subpoena any necessary records from third parties, and prepare and send form interrogatories, special interrogatories, requests for admission, and requests for production of necessary documents. Once you have the necessary discovery, send some contention interrogatories and then take the depositions...

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  9. Does Defendant have to answer Amended Complaint or get defaulted?

    Answered about 2 years ago.

    1. Constantine D. Buzunis
    2. Shazad Z Omar
    3. Frank Wei-Hong Chen
    4. Robert Bruce Kopelson
    5. Lloyd Stewart Mann
    5 lawyer answers

    Unless you stipulate to allow the prior answer to serve as answer to amended complaint then the defendant has to answer again or file demurrer and/or motion to strike. As for the defaulted defendant you need to serve them and give them the chance to answer despite the prior default. Serve them and just proceed with the default/judgment process against them again if they don't appear. It is not clear from your question whether a default has been taken against the defendant or defendant has...

    11 lawyers agreed with this answer

  10. My husband was in a head on collision last august, we are getting ready to settle, need advice on pain and suffering amount

    Answered about 2 years ago.

    1. Michael A Rabban
    2. Robert Bruce Kopelson
    3. Scott Douglas Camassar
    4. Michael R Crosner
    5. Constantine D. Buzunis
    6. ···
    11 lawyer answers

    This is a significant case with substantial injuries! It seems like a policy limits case ($100,000.00). I would demand the policy limits and give them 10 days to pay in full, or tell them you are going to retain an experienced lawyer in the area of autombile liability and uninsured motorist claims and will consider the $100,000.00 policy limit opened up to an unlimited amount! It seems your insurance compnay is playing with you and "acting in bad faith" on a first party claim, trying to save...

    11 lawyers agreed with this answer