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John Paul Burns

John Burns’s Answers

21 total

  • Leyes que protejen al ciclista

    quiero saber que leyes protegen a un ciclista, un auto no respeto la luz verde y me atropello, estuve 3 dias en el hospital, necesito de tomar un abogado??

    John’s Answer

    Soy un Abogado de accidentes. Mi officina es en San Juan Capidtrano a cerca de el Ortega camino. Si tu Lammas mi officina es possible que tu me ayudar. Mi número de telephone es 949-496-7000, Exttension número 4. Si no esta en mi officina por favor da su número de telephone a me machina.
    Gracias
    Juan Burns, Abogado
    www.johnburnslawoc.com

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  • Injury

    My son was hurt while we were at a private property. He has a scar and got lots of stitches. This occurred about 6 months ago. I feel that the wound has healed and now i am sure that he might needs scar revision surgery. I talked to one of the doc...

    John’s Answer

    You say your child was injured on the property of another. Assuming that property owner maintained the property in a dangerous condition and that condition was the cause of your child's scars, here is the answer to your question. You can write to the homeowner and get the his homeowner's insurance company name, address and the homeowner's policy number. You can use that information to open a claim for your child. If the homeowner's insurance company will not pay what you believe is a sufficient amount of money you can just leave the claim open until the child gets older. If you do reach an agreement with the insurance company, however, you will have to have an attorney file papers with a court and ask a judge to agree that the settlement is fair to your child. If a settlement is approved by judge the money will have to go into a blocked account and can only be released by a judge's order as long as your child is under the age of 18. There is more to all of this than what I have written here but this information may at least give you some understanding of the process. Best wishes to your child for a full recovery.

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  • Why does my lawyer thinks its not neccasary to find out the other parties policy limit?

    My lawyer told me if i want to find out it will cost me $200 but he thinks its a waste of money and i should just ask for the policy limit in my demand letter. I have $30k in medical bills and currently seeing my regular docter because my lawyer s...

    John’s Answer

    Do you carry Uninsured Motorist insurance on your own policy? In California, your own Uninsured Motorist policy will cover where the at fault person's policy ends, up to the limits of your Uninsured Motorist coverage. If you have Uninsured Motorist coverage of at least $100,000.00 per person, you may have enough to cover your claim, even if it turns out that the at fault party has low insurance policy coverage.

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  • While walking my dog a teenager ran up to him and pushed him after he attempted to smell his crotch area, am I liable?

    When the boy said my dog bit him I thought that's why he pushed my dog away. The wound was a puncture wound that was not bleeding. I told the mother that was supervising the teen I would pay the co-pay and she later told me the boy pushed my dog...

    John’s Answer

    If you have homeowners insurance I suggest you call your agent and advise the agent that your dog bit someone. Your homeowners insurance may takeaware of it for you. if you have renters insurance it might also cover a dog bite for you.
    If you do not have homeowners or renters insurance you may havevaproblem If the mother of the child will agree to resolve he matter in exchange for you paying the boy's medical bills it may be a good deal for you. If you can hire a local lawyer to draw up a release for the mother to sign on behalf of he boy, if he is ubonder 18, indicating that in exchange for you paying the medical bills they come back and sue you, that would also be a good deal for you.
    You do have some arguments to defend yourself with but you will be far better off if you can make this dog bite issue go away quickly. Also, if the town where the dog bite happened has a leash law and your dog was not on a leash you may have lawsuit exposure?. f
    Finally, are your dog's rabies and other shots up to date?

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  • Do I have to pay more than the fair market value for damages I did to someone else's car?

    A family member loaned me one of their cars to use while I was looking to purchase a new car. I hit a pole that separates my parking space from my neighbors. The fair market value of this car is only $500 - $625 but I was given a quote from this f...

    John’s Answer

    Did owner of the car have collision insurance on it? Since you were using the car with the owners permission you were a permissive user and the owners collision coverage should cover the cost of repair, less the insurance deductible.
    Good luck
    John Burns

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  • What should my California auto accident attorney be doing for me?

    I hired an attorney after I was hit from behind while waiting in a left turn lane. I was not at fault for this accident. The car was totaled and towed from the scene. My vehicle was stationary, and the driver struck me from behind while traveling ...

    John’s Answer

    If you still have unused medical payment funds on your vehicle policy you can send your hospital bills to your own insurance company medical payments department yourself and get the bills out of collection.
    in regard to your other medical bills, I represent people on Medicare who get injured in car accidents and have no problem getting their car accident bills paid by Medicare. Medicare does have a right to re-paid out of your settlement but you can still get your auto accident medical care paid for by Medicare.
    I don't know what is going on with your attorney and yourself but It sounds as if the attorney client relationship appears to be in trouble. If you and your attorney can't resolve your concerns to your satisfaction you can get a new attorney. When you get a new attorney you don't have to pay more money. The new attorney and previous attorney have to share whatever the one attorney fee is on your case.
    I hope that you and your present attorney can resolve the matter.
    Good luck
    John Burns

    Good luck
    John Burns

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  • Still suffering from nerve damage from being rear-ended at a stop light 1 year ago. When should I pursue damages?

    I live in CA. I was rear-ended at 35 mph when I was stopped at a light. I suffered whiplash, cartilidge was torn from the joint in my right thumb, and I now suffer from severe ulnar and median nerve damage. I'm told I have 2-3 debilitating surgeri...

    John’s Answer

    You have two major problems. First, you need to ask your own insurance agent if you have Uninsured Motorist coverage on your insurance policy and how much your coverage is.
    Then you need to find out how much insurance the person who hit you has.
    in California the other person is not required to tell you unless you file a lawsuit. Then they have to tell you.
    Your case sounds like it has enough value for you to be represented by a personal injury attorney.
    Your biggest problems may be if you do not have have Uninsured Motorist coverage on your own policy or the other person has no insurance or insurance with very low limits.
    Good luck.
    John Burns

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  • What can you do if a car runs you over in a state university?

    i was crossing it was my turn to walk and the red light was on for the driver but some crazy college student passed the red light and ran me over. now what? no injuries but he crossed a red light and ran me over

    John’s Answer

    The law can only pay money to make things right. You must have injuries, what we call damages in the law, for the law to compensate you. What happened is unfortunate but there is nothing the law can do for you because you have no damages (medical bills, etc.) for which you can be compensated (paid). Be glad you were not hurt and don't have injuries and medical bills. I hope you enjoy your holidays knowing you could have been far worse off.
    John Burns

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  • Can my health insurance company take part of my settlement?

    I recently received a settlement from a motorcycle accident I was badly injured in. Although my injuries were well over 100,000 that I received because that was the max the driver was insured for. Can my health insurance provider take my settlemen...

    John’s Answer

    The only thing you can do is to tell your health insurance company that you have not been what is called "made whole" by the settlement. That means that you will not have received a fair share of the settlement amount if you are forced to re-pay the insurance company. Ask them to reduce your repayment amount so that you are "made whole" by the settlement. They may then say that your health insurance policy has a clause that says they are not required that you be made whole.
    If you already have the settlement money they may be afraid that you will just keep the money. In that case they may be willing to negotiate with you. If you do not reach a settlement with your insurance company they may drop your insurance or sue you for the amount owed.
    Good luck, John Burns

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  • I hit a pedestrian with companies vehicle

    After the accident the companies insurance want to settel with the person. He signed the settlement but his medical bills exceeded the policy limit. Now the insurance company want that person to sign addendum stating that he should not go after or...

    John’s Answer

    It sounds like the injured person has signed the release but is reluctant to give the signed release back to the insurance company. It sounds like he has realized that the amount of your company's insurance policy is not enough to pay his medical bills. If he does not sign the release and give it back to the insurance company he will have to try to find a lawyer who will take his case and sue for him. If he does find a lawyer to take his case the lawyer will sue the company and you both. He may get a judgment against you and the company. Since you say that you do not have any assets there is nothing he can collect from you. He could attach your wages, called a garnishment of wages,, whereby an amount of money is taken out of your pay each paycheck to pay down the judgment little by little. If with that amount taken out of your paychecks you don't have enough money to live you may be able to file bankruptcy. In the bankruptcy you can ask the judge to discharge, which means get rid of, the entire judgment against you. All of this may never happen because he may not be able to find a lawyer to take his case. If he does find a lawyer to take his case it may take a year or two for him to get a judgment against you. I would not worry about it for at least a few months if I were in your position. Try to forget about it for now and have a good holiday.
    Good Luck, John Burns

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