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Paul J Molinaro
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Paul Molinaro’s Answers

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  • Was involved in head on car accident. was checked up by medic at the time of the scene. no pain experienced that time.

    the next day went to kaiser for check up due to neck pain and shoulder pain. was diagnosed pinched nerve. Still experiencing neck pain and back pain. Was given pain killer and anti-imflammation meds. the negligent driver was charged failure to yield.

    Paul’s Answer

    If a person suffers harm because of the negligence of another, as in getting rear-ended or T-boned in a motor vehicle accident, said victim needs to do the TWO STEP:

    THE FIRST STEP: Immediately get medical attention from a PHYSICIAN.

    THE SECOND STEP: Hire a personal injury attorney. Most personal injury lawyers offer free consultations and take cases on a contingent (meaning the client does not pay unless he or she "wins" money) basis.

    No one should handle any claim (involving a motor vehicle accident with bodily injury) against any insurance company without a lawyer. Claims should be handled by a lawyer - one who will be able to understand and explain the physical damages and injuries from accident. The victim of a car accident really needs to worry about one thing - getting better. That means attending doctor's appointments, attending physical therapy (if appropriate), and taking his or her medication. All of the rest can be handled by a personal injury attorney. We earn our fees (contingent by the way) by taking on the stress and hassle of fighting for money - I dare say some of us actually enjoy the fight, but I realize that most people do not enjoy conflict.

    Fortunately, most of us personal injury types offer free consultations and take such cases on contingency no matter where the case is in California, so there is nothing to fear in calling us.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • Do i need PI attorney for soft tissue/pinched nerve injury?the cost of repair of my car is 5,500

    I got into an accident a month ago. t-bone but not my fault accdg to the police report. I experience left shoulder pain, left upper back pain and left middle back pain. Also left neck pain that sometimes causes tingling in my left hand and fingers...

    Paul’s Answer

    If a person suffers harm because of the negligence of another, as in getting rear-ended or T-boned in a motor vehicle accident, said victim needs to do the TWO STEP:

    THE FIRST STEP: Immediately get medical attention from a PHYSICIAN - NOT A CHIROPRACTOR... NOT A HOMEOPATHIC "DOCTOR"... NOT A WELL-INTENTIONED NEIGHBOR... BUT A PHYSICIAN.

    THE SECOND STEP: Hire a personal injury attorney. Most personal injury lawyers offer free consultations and take cases on a contingent (meaning the client does not pay unless he or she "wins" money) basis.

    INSURANCE COMPANIES ARE PROFESSIONALS: No one should handle any claim (involving a motor vehicle accident with bodily injury) against any insurance company without a lawyer. When going up against a professional, use an opposing professional. Insurance claims should be handled by a lawyer - one who will be able to understand and explain the physical damages and injuries from accident. The victim of a car accident really needs to worry about one thing - getting better. That means attending doctor's appointments, attending physical therapy (if appropriate), and taking his or her medication. All of the rest can be handled by a personal injury attorney. Attorneys earn their fees (contingent by the way) by taking on the stress and hassle of fighting for money - I dare say some of us actually enjoy the fight, but I realize that most people do not enjoy conflict.

    Fortunately, most of us personal injury types offer free consultations and take such cases on contingency no matter where the case is in California, so there is nothing to fear in calling us.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • Do I need a medical malpractice attorney?

    Went into the ER for abdominal pain. After an ultrasound and cat scan was admitted for possible pancreatic mass, possible small bowel obstruction and IUD that had perforated outside uterus. I never had an IUD. I had Essure which are coils put in t...

    Paul’s Answer

    The initial post here sounds like a bunch of drunk first year medical students were playing Operation and throwing out every diagnosis they could fathom for the bread basket... I can't figure out how... after a full ER workup... the differential diagnoses would include pancreatic mass or uterine disease or appendicitis or foreign body in the Fallopian tube... something just doesn't sound right... that said, should a young female who was planning on having a kid or more kids go to an ER with right-sided belly pain and classic signs of appendicitis and ends up having her reproductive organs ripped out, she would have a great medical malpractice case... how can she tell? Get a consultation with an experienced medical malpractice attorney.

    Fortunately, most of us medical malpractice types offer free consultations and take such cases on contingency no matter where the case is in California, so there is nothing to fear in calling us.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • In california, what is statute of limitations for dog bite injury?

    I think it is 2 years from date of bite.

    Paul’s Answer

    Two human years, unless the dog is a police dog, then 6 months as would be for any agent of the government... and what a pension those police dogs get because their retirement is valued at 7 years for 1.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • Is it legal for the police to question my cousin while on heavy meds in the hospital?

    My cousin was in a horrific car accident early Saturday morning, in which two passengers died and two survived, my cousin being one of them. He has been in critical condition, he has had 4 surgeries, and has one scheduled for today. Is it legal fo...

    Paul’s Answer

    A lot of posts on Avvo are appropriate for some banter... and then there are the ones that scream of someone needing an attorney now due to the severe/horrific nature of the event, as in two dead. The cousin needs a criminal defense attorney ASAP... as in yesterday... and a personal injury attorney.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • Can I sue for malpractice for over-medication?

    Mother, 84, died of secondary liver cancer (the primary was never determined). 2 months before she died, I found that she had been subscribed 5 different blood pressure medications at once. I feel this over-medication led to her developing cancer.

    Paul’s Answer

    Should a person wish to sue a physician for prescribing blood pressure medicine which "caused" liver cancer, one would have to prove that the medications did actually cause the cancer... and that will be very difficult... very difficult as it is likely that there is no causal relationship. But, as there are always attorneys out there that will take cases on which others pass and always "experts" out there who will opine any way the money says they should, one could try calling several attorneys... not me, but others.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • How much should i expect to win in a near death botched liposuction case?

    I had lipo done last summer. I ended up contracting Strep A, and was hospitalized for 3 months. Had 9 surgeries. Almost died. I have a lawyer on the case, but he won't give me any idea what he is going to ask for as far as money is concerned! Is t...

    Paul’s Answer

    This same question... worded differently... is asked all the time here on Avvo and in law offices across the country... that number one seeks is really the big issue in all civil cases seeking money damages whether a car accident case or a breach of contract case or a case of defamation... "How much money am I entitled to?" "How much will I get?" "What should I accept?" There are as many different answers to this question as there are plaintiffs and defendants... yes, the defendants ask this question too, in reverse of course. Adding up the known numbers is easy peasy... anyone with an abacus can do that... the real skill comes in figuring the chances of winning at trial... the pain and suffering... a careful study of verdicts and settlements from published data... the caliber of defense counsel... the reputation of the defendant insurer... policy limits... the judge assigned... the community jury pool... defendants attachable assets... how many defendants... I could go on and on and on and on and on and on and on... seriously... lawyers attend lectures and read books and talk endlessly with other lawyers about this very topic. And this is just one reason why it's worth paying a lawyer to handle personal injury cases.

    Pain and suffering can be two different things for two different people with the same injury. For example, a twenty year old male breaks his ankle and requires extensive surgery, but is fortunate enough to have a top notch orthopod do a complex ($90,000) surgery and he recovers 100% within six months… back to playing competitive tennis, in fact without so much as a twinge of pain. Another twenty-year old has the same accident and gets the same expensive surgery, but his recovery just isn’t so great and after two years he still has chronic pain. Each of these two should expect a different amount for pain and suffering.

    And... last but not least... medical malpractice in California falls under the draconian rules of MICRA which, among other horrible things, limits pain and suffering to just $250,000.00 and not a penny more, no matter how catastrophic the pain and suffering.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • Do I need an accident attorney for a not at fault accident with injuries?

    Was involved in an injury accident on 12/14/14. Was NOT at fault. Other driver was on her cell phone with phone up to ear ran the red light and hit my car head on. Totaled my car, cause fracture in my arm, major bruising, knee and hip constant pai...

    Paul’s Answer

    No one should handle any claim (involving a motor vehicle accident with bodily injury) against any insurance company without a lawyer. Claims should be handled by a lawyer - one who will be able to understand and explain the physical damages and injuries from accident. The victim of a car accident really needs to worry about one thing - getting better. That means attending doctor's appointments, attending physical therapy (if appropriate), and taking his or her medication. All of the rest can be handled by a personal injury attorney. We earn our fees (contingent by the way) by taking on the stress and hassle of fighting for money - I dare say some of us actually enjoy the fight, but I realize that most people do not enjoy conflict.

    As for getting the cheapest attorney... there are plenty out there... and there are also plenty of really good attorneys... and really expensive attorneys... and not so good attorneys... should one be concerned only with cost, one is probably not looking at the whole picture... as people deserve to get what they pay for... so... since many attorneys offer free consultations, start calling them until on agrees to a 30% contingency... heck, one could shoot for 25% and get an even better bargain...

    Last comment... don't call my firm.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • If a Patient plans on suing a government-run Hospital (for example, UCLA) for Medical Malpractice, and files the required ...

    ... Government Claim form, within the 6 months time limit, does Patient also have to file a 90-Day Notice of Intent To Sue Letter (as required for Med Mal cases), and if so, does Patient file the 90-day NOI Letter simultaneously with the Governmen...

    Paul’s Answer

    I've been posting (sometimes cutting and pasting as I really couldn’t say what I said better myself) my biased opinions and comments here and there on the Internet and Avvo for a while now (since Al Gore invented online attorney forums, I believe), and every time I see a post about a person doing a medical malpractice case all by his or her non-lawyer self against an insurance company, I keep thinking the post might as well read something like, “my no medical insurance sister-in-law wants that disc in her neck fixed, something about the nerves being pinched. Anyway, she takes mother’s little helpers by the handful for the pain and that makes keeping her 74 Nova between the white lines tough. I want to help her myself. I know someone who knew someone that had surgery and it worked. So, what I need to know is where I can obtain some cheap surgical tools… only need them once, so I don’t need the Snap On quality type.”

    No one but an experienced lawyer should handle medical malpractice cases.

    Fortunately, most medical malpractice types offer free consultations and take such cases on contingency no matter where the case is in California, so there is nothing to fear in calling one of those other guys or gals.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • The attourney I hired back in March regarding a auto accident stopped representing me because my own insurance companys statemen

    I was in a auto accident March 4th, I hired a law firm to represent me, I started therapy March 6th and has been receiving treatments ever since I was injured.my insurance company accepted full responsibility for the accident without the knowledge...

    Paul’s Answer

    License status has nothing to do with fault... being obese or even chubby has nothing to do with fault... fault is ultimately determined by a court...that said, if one's own insurer thinks one is at fault... and one's own attorney thinks one is at fault... and the other driver things one is at fault and the driver's other attorney think one is at fault... and the other driver's insurer thinks one is at fault... well... I bet the court will find that one is... you guessed it... at fault... one could always ask for a second opinion... but when everyone else thinks one is at fault... one probably is... at fault.

    Fortunately, most of personal injury types offer free consultations and take such cases on contingency no matter where the case is in California, so there is nothing to fear in calling one of those other attorneys.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question