Jean-Simon Serrano's Answers

My car was hit from behind on the freeway, I had no insurance but the other car was at fault.

While it is generally true that Civil Code Section 3333.4 may preclude you from recovering for your pain and suffering if you did not have insurance, there are several exceptions to this. For example, the bar for recovery does not apply if the person whom hit you was drinking and driving. As a result, it is very important that you contact an attorney as soon as possible to determine whether you fall under one of these exceptions -- you may be entitled to pain and suffering.

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What are my rights on signing a psychiatric release if I am not filing an emotional distress claim 4 personal injury 2 my face?

I agree with others on here -- you should speak to your attorney. It is possible that your answers given in deposition may have potentially "opened the door" to psychological records etc.;however, if you specifically do not want to make a psych claim, you are entitled waive any potential psych claim -- you would then be limited to recovering only for your physical injuries, loss of earnings etc. Again, this is something you should probably speak to your attorney about as he/she will be...

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If the car insurance company declared the fault not to be mine,does the other person stand a chance if he decides to sue?

If this individual does sue you, contact your auto insurance company immediately as they will likely provide you with a defense attorney. Practically speaking, the other party may have great difficulty finding an attorney to handle his case because (a) it appears that he is the at-fault party and (b) it appears that he only has property damage. In any event, if he does retain an attorney, it is very important to contact your insurance company immediately.

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Neglected from a hospital and just received a bill for $4,000. What can i do?

If you believe you were neglected and that the level of care you received may constitute malpractice. You should defintely contact an attorney in your area who specializes in handling medical malpractice claims so that they can evaluate your case for you.

Can I sue for legal malpractice?

In order to prevail in a legal malpractice action, you will have to show that, absent the prior attorneys' malpractice (if any), your settlement offer would have been greater than it is presently. This may ultimately prove very difficult. It is possible that the insurance company's settlement offer is based on your medical records and/or the doctor's findings and is unrelated to the actions of your previous attorneys.

Can I sue my former doctor?

Without discussing the merits of your case, I feel it is important that you inform yourself of the statute of limitations for medical malpractices cases in California -- they are very strict. In most instances, it is one year. If this is a case that you are serious about pursuing, do not delay, speak to a medical malpractice attorney as soon as possible.

At fault accident on a suspended license; what are the ramifications, and what should I do?

There is a lot of information that would be necessary to give a complete answer. Did the police come to the scene? Was anyone injured? What are the terms of your insurance policy? You should contact your insurance company and let them know about the accident. I presume that you exchanged information with the other drivers so it's only a matter of time before their insurance contacts your insurance. Hopefully, your insurance policy will apply despite driving on a supended license. It is...

Got into accident, insurance lapsed. How can i cover other vehicle expense and injury claim?

Echoing some of the other responses here -- if the other party has valid injuries and you are found to be at fault for the accident, you may be personally responsible. Do you have any other policy of insurance that might cover this accident? If you yourself have personal injuries, and you were driving your vehicle without insurance coverage, California law (Civil Code Section 3333.4) precludes you from recovering for your own pain and suffering except for a few limited circumstances. I...

In a personal injury case if the plaintiff loses is he responsible for the defendant's court costs?

There are a number of factors to consider here. First, is whether there has been a 998 offer made in the case. If so, and you recover less than the 998 offer at trial, then yes, you may have to pay some of the defendant's costs. Also, keep in mind that a jury trial can be very expensive, even for a relatively straightforward case. I am unsure what type of fee agrement you have with your attorney, but many require the client to pay trial costs such as expert fees. This can quickly become...

DUI accident, my car was paid off. A friend and got paid 8,000 and the lawyer got 15,000.It was my car ,why did I got less.

More information is certainly needed, especially the total settlement amount. It is highly possible that the total settlement was more than $23,000 (the $8,000 you received + $15,000 attorney fees). It could very well be that the $15,000 received by the attorney was 30% of the total settlement. Some reasons for this could be: 1. The attorney incurred substantial costs in pursuing your case and these amounts are also deducted from the total. 2. You had significant medical bills and/or...