If may sue the person who hit you. Whether or not the person has insurance, he/she will be liable for your injuries. If the person who hit you does not have insurance, you may proceed against that party and then collect from your own insurance if you have uninsured or underinsured coverage which most California policies have. We have handled a number of these types of claims and would be happy to talk to you without obligations
While there are some details missing from your fact situation, it appears that you have injuries that were caused by the driver or another party and you should be compensated for your injuries. Our office has assisted a number of clients who have suffered injury in car accidents and we would be happy to discuss your case without any obligation. Our office does not charge attorney fees in such cases as yours until you receive a recovery.
I understand the situation which you are describing. We recently obtained a settlement for an 80 year old woman who fell and broke her wrist at Kmart due to the actions of Kmart employees. This appears to be a similar situation in which the store should be aware of its customer's needs and provide safe access to dressing rooms and other areas in which it expects it customers to travel.
This question is similar to questions I frequently am asked by clients. The answer is not a legal one but one that is unique to each family and set of circumstances. What is important is that you retain an attorney to draft the document that will be fair in your situation and provide the result you intend. You do not want to draft estate documents on your own since it often leads to disputes as to what you really wanted to do as to each of your children and grandchildren.
It appears from your facts that you do have potential case. Whether nor not the resturant's insurance policy provides for medical coverage of your inicident is irrelevant. The question is whether or not the resturant was negligent in serving you the food and whether or not you were injured due to the negligence. You should immediately retain an attorney to investigate the incident and to make sure all evidence, including the bone fragment, is preserved.
The quick answer is that the settlement offer is not sufficient. You need to be compensated, not just for your medical bills but for your pain and suffering, loss of income and other loss you have suffered from the accident. The statute of limitations in California, if that is where the accident ocurred, is generall TWO YEARS, not three, although the insurance company also had a duty to warn you of the statute of limitation. Our office has handled a number of cases involving automobile...
Unfortunately the response from the insurance company is predictable and appears to be on the lower end of what one should expect from this type of injury wherein your daughter appears to have been at no fault. You need aggressive representation to obtain a fair result. We have assisted others in similar situations.
In a typical loan transaction , in which real estate is encumbered, only the borrower--the trustor--executes the trust deed. If there is any question, you should have an attorney review the document. My office has assisted a number clients in such transactions for over past twenty-five years. Let us know if we can be of assistance
In California, the law allows you to recover for your injuries if the other driver was at all at fault. So even if you were partially at fault you may recover but your damages would be reduced by the amount you were at fault, if at all. Do not listen to the other driver's insurance company. Fault, or the degree of fault is determined by a judge or jury. Our offices handles traffic accidents and we would be happy to discuss your case with you.
If your parents have car insurance, it may have a provision that protects them against uninsured or underinsured motorists that might injure them. If there is such a clause, your parents can sue the party that injured them and then look to their own insurance company (your parent's insurance company) to pay them for the amount their policy will allow to compensate them for their injuries..