Marc Sean Hurd’s Answers

Marc Sean Hurd

Corona Personal Injury Lawyer.

Contributor Level 16
  1. Settlement Offer and My Under-insured Insurance?

    Answered over 2 years ago.

    1. Marc Sean Hurd
    2. Harold Semanoff
    3. Raymond Scott Costantino
    4. Jeffrey David Bohn
    5. Christian K. Lassen II
    5 lawyer answers

    The way your UM/UIM benefits work is that they don't "kick in" until the negligent party's limits are "exhausted." The UIM benefits are then only applicable if they exceed the 3rd party's limits. (For example, if your UM/UIM benefits only had a $15K limit, even if you settled with the 3rd party's carrier for their policy limits, since their 3rd party liability limits are higher than your UIM policy limits, you would not be able to collect anything more from your carrier.) In your case, you'...

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  2. Was involed in car accident not insured not at fault it was paid by insurance for loss of car ,and they only want to pay medical

    Answered over 2 years ago.

    1. Marc Sean Hurd
    2. Mher Asatryan
    3. Spencer Edward Farris
    4. Michael Loghmana
    5. Jamahl Calvin Kersey
    5 lawyer answers

    Under Prop 213, which was enacted as the law in CA under Civil Code section 3333.4, provides that, except under certain limited exceptions, if you were not insured at the time of an accident, the most you can recover is for "economic" damages, and that you cannot recover "non-economic" damages. ("Non-economic" damages are "general damages" or what is commonly known as the "pain and suffering" damages.) So, the ins. adjuster is correct; even if you were to file suit, you would not be able to...

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  3. Do you know of any California law states whether an insurance company is authorized to accept service on behalf of its insured

    Answered over 2 years ago.

    1. Harry Edward Hudson Jr
    2. Frank Wei-Hong Chen
    3. Marc Sean Hurd
    4. Paul Y. Lee
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    I would agree with the other lawyers who responded. I would only add that SOMETIMES, an insurance company that has had regular dealings with their insured, MAY get an agreement from the insured to accept the service on the insured's behalf, essentially as a courtesy so that the insured does not have to deal with the proverbial "knock of the door" from a process server. But, as counsel have noted, there is not any legal requirement for that.

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  4. Do I need a personal injury attorney? I was in an automobile accident and the other party was at fault...

    Answered over 2 years ago.

    1. Marc Sean Hurd
    2. Robert C. Slim
    3. Kevin Rindler Madison
    4. John Holman Barr
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    You should hire a reputable personal injury lawyer in your area. There are a number of avenues to recovery, which under your circumstances all avenues should be explored. One of the best ways to hire a lawyer is through friends' recommendations, but if you cannot get any such recommendations, Avvo is a good resource to research lawyers in its "find a lawyer" section. There, you can search for lawyers by specialty (in this case, either under "personal injury" or "car accident"), check out...

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  5. Allergic reaction in restaurant after assurance from server.

    Answered over 2 years ago.

    1. Marc Sean Hurd
    2. Jacob Adam Regar
    3. Christian K. Lassen II
    4. Steven Mark Sweat
    5. Lars A. Lundeen
    5 lawyer answers

    I would think that under a negligence theory you should be able to recover against the restaurant for serving products that contained peanuts (or peanut extracts), under these circumstances. If you establish that negligence, you should be able to recover for all medical costs and "pain and suffering." Contact a PI specialist in your area. Most reputable PI lawyers will provide a free consult. Good luck to you and your wife!

    11 lawyers agreed with this answer

  6. Injury

    Answered over 2 years ago.

    1. Marc Sean Hurd
    2. John Paul Burns
    3. Jeffrey Mark Adams
    4. Richard Albert Cruz
    5. Raymond Scott Costantino
    6. ···
    10 lawyer answers

    Let me start by saying that I'm sorry to hear about your son. Scar revision surgery and the prospect of that can be scary. You don't say how your son was injured. In CA property owners are generally under a duty to keep the property safe. If the owner failed in that regard, and if your son was injured as a result of some negligence on the part of the property owner, you should be able to recover the costs of the medical care to date, plus the reasonably anticipated future medical costs (...

    11 lawyers agreed with this answer

  7. California personal injury. Need info on negligence claim against landlord for slip in tub without any type of non-skid surface

    Answered over 2 years ago.

    1. Marc Sean Hurd
    2. Kevin Marc Habberfield
    3. Frank Wei-Hong Chen
    4. Christian K. Lassen II
    4 lawyer answers

    I would echo Mr. Habberfield's comments. The first place to look would be at the lease, to see if there is any language in there that addresses conditions of the apartment. Also, if your uncle had made any complaints about the tub, that could actually be a double edged sword; if it was so slippery that he knew enough about it to complain, then he too would have been on notice that it was dangerous and should have avoided it, or used extra caution. It's a tough case, but depending on the...

    10 lawyers agreed with this answer

  8. Why would I need a lawyer??

    Answered over 2 years ago.

    1. Cory Russell Weck
    2. Gordon Ralph Levinson
    3. Marc Sean Hurd
    4. Jeffrey Michael Padilla
    5. Jacob Adam Regar
    6. ···
    14 lawyer answers

    I don't mean to sound as though I'm just puffing up PI lawyers, but my experience is that recoveries are generally higher when the injured is represented. If your concern is over the amount of the fees, you should know that the fees are negotiable. So, if this is a case where you think it will resolve quickly, you may be able to negotiate that into the retainer. For example, you may be able to agree with the lawyer to have him take only 20% if the case resolves within the first 90 days, with...

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  9. I am a field technition and drive my own car. I rear-ended someone and being sued. Is my employeer responcable as well?

    Answered over 2 years ago.

    1. Marc Sean Hurd
    2. Andrew Ronald Gillin
    3. Christian K. Lassen II
    4. Frank Wei-Hong Chen
    5. Lars A. Lundeen
    5 lawyer answers

    Generally speaking, if you were "in the course and scope" of your employment, meaning doing work for your employer, then yes, the employer likely is responsible for actions committed while "on the clock." If the accident happened as you were on your way to work (assuming you have to check in with a "home office") or on your way home, then the employer may not be liable. But, since you say that you were going from one job to the next, that would likely be considered in the "course and scope."

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  10. I slipped and fell at my local grocery store and I am in an air cast. Can I make them pay for my medical expenses?

    Answered over 2 years ago.

    1. John Edwin Daniel Larkin
    2. Andrew Allen Wenker
    3. Marc Sean Hurd
    4. Christian K. Lassen II
    5. Joel Jay Kofsky
    5 lawyer answers

    Any store owner has an obligation to keep his premises in a reasonably safe condition, to avoid the kinds of falls that you experienced. But, unless the store created the condition, it has to be "on notice" of the condition and be given a reasonable opportunity (time) to correct the problem or clean up the mess. If the store did not have any regular inspection schedules, or it is apparent that the spill had been there for a while, or if there is evidence that the store created the condition (...

    11 lawyers agreed with this answer