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Paul J Molinaro
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Paul Molinaro’s Answers

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  • Permission to disclose Bodily Liability Limits of my auto insurance policy.

    Two months after a minor car accident, and I got a letter from my insurance company. It says the other side is presenting an injury claim against me, and that their lawyer is asking to release information about the Bodily Liability Limits of my po...

    Paul’s Answer

    What a great question... to ask the layer the insurance company hired to defend the asker. Now, from this plaintiff lawyer, I don't negotiate absent getting all the information I can about what I'm negotiating... which means if I do not how much money is on the table, I can't be effective... and if the defendant won't hand over the information voluntarily, I just sue and get that information in "discovery". Making me sue and go through all that rigmarole will just make the settlement amount increase. So, poster, talk to your lawyer and figure out what to do.

    - Paul

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

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  • Not wanting an attorney

    I was recently involved in a crash, CAR(brand new). I was sitting in traffic, at a complete stop when I looked in my rear view mirror and saw a Jeep Cherokee coming toward me at a high rate of speed. It was rush hour, pretty much bumper to bumper,...

    Paul’s Answer

    Poster... let me get this straight... you got rearended and injured enough to see an emergency room doctor... but don't want to pay an attorney? Hmm... why did you go to the ER? You know that jerk doctor will charge you for services right? You could have saved money by bandaging up yourself... there's plenty of health care information on the web... Oh, I see... you felt the physician would be better to handle such a matter as he/she is trained and experienced... you see where I'm going here, right? Stop being silly... hire a lawyer... you have a job to do... and that is getting better... let your lawyer handle the rest... and do so ASAP before you mess up your claim.

    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 
  • In order to settle a claim the company wants my Social Security number. Is this the norm and true.

    I slipped and fell on some liquid in a grocery store. I wrote a demand letter to the company handling the claim. I received a phone call from the company and the person handling the claim stated they are looking into settling but want my social s...

    Paul’s Answer

    While there are some very limited circumstances where providing a social security number is not the right thing to do, those situations are very rare... when a person/entity pays another, the taxman likes to know all about it... the taxman wants to make sure he gets a piece of the action... and the payor wants to make sure it receives "credit" for paying... as for providing the number prior to getting a payment... it is one of those unimportant battles one could win, but what's the point? Being a stinker about something like that just mucks up the process... and mucking up the process slows the end... which should be cash in the pocket of the victim.

    Ignoring all of the above... the poster here should have an attorney who will answer this question and more.... stop screwing around... get an attorney.

    - Paul

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

    See question 
  • Please advise if I should obtain a personal injury lawyer after a motorcycle accident.

    Taking the below information into account please advise if I should obtain a personal injury attorney - I was the motorcyclist - the other driver was driving a car and changed lanes into me, police report lists other driver at fault ...

    Paul’s Answer

    YES!

    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 
  • Car Scratched by Neighbor's Son. Initially Owned Up Now Backing Out Saying No Pro

    Couple of months back my car and 3 other cars were scratched(wrote his name on the car with the scratch) by my neighbor's son in the apartment parking lot. His son wrote his name on 4 cars. When we spoke to him he said he will get it fixed soon. ...

    Paul’s Answer

    Police... report... vandalism is a crime... then sue in small claims court.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician
    Fransen & Molinaro, LLP

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  • Do i need an attorney? i

    The doctors' office gave immunization shots to my infant son. A year later they sent a letter saying the refrigerator that was storing the medications was not maintaining the proper temperature and some of the shots may not have been effective. Th...

    Paul’s Answer

    First of all... what this poster describes is NOT "gross negligence". Second, it's not at all a case my firm would handle... and I don't know anyone that would... actually, my personal feeling is hats off to the office for fessing up and telling the patients (parents) to get checked and/or re-vaccinated... that was the right thing to do.

    - Paul

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

    See question 
  • Do I have a Medical Malpractice case if my tongue has been permanently damaged by dentist assistant? Is it worth a law suit?

    Long story short I was getting a deep cleaning and the dental assistant while numbing the area went too deep and severely damaged my lingual nerve. I am an actor and voice-over artist and because my tongue is numb it can be hard to pronounce certa...

    Paul’s Answer

    Most experienced medical malpractice attorneys, at least the ones in my circle anyway, shy away from dental cases... as the damages are generally low... and there are very few people who actually lose work due to a dental screw up... so... what do we have here? Possibly lost wages as a result of something gone amiss in a dental office... that means there may be enough damages to make a lawsuit worth it... so... assuming damages are sufficient... the question becomes what exactly happened... how did it happen... and whether what happened was just an acceptable risk or a breach of the standard of care... and answering that question requires a one on one consultation with a medical malpractice attorney and a review of every page of the medical records - all of them.

    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 
  • Is my accident attorney is taking more money then they are supposed to from my settlement offer?

    My settlement offer is $4500 from Mercury Insurance. My attorney would like to take $1500 for their fees, and an additional $673.65 for filing costs, (supposedly they reduced their fees from $1800) but still this is almost 50% of the settlement, a...

    Paul’s Answer

    Not going to comment on the value of this poster's case as I would have no idea... and the only one that would is the poster's attorney... but I do want to say that the poster makes a comment that I see all too often... he or she believes he or she is only getting a third of the compensation... and that is NOT TRUE... he or she received medical care (though, anyone who regular reads my post knows it just killed me to call stand alone chiropractic care "medical care")... and that is a value that went to the poster... so, right off the bat, the poster received not one third of the compensation but TWO THIRDS... one third in cash and one third in back cracks... and the other third? Well, the attorney earned it, hopefully, by working for it... and doing what? Providing legal services to the poster... and guess what? That is another third of the compensation paid to the client in legal services... so... Poster... guess what you got... ALL OF IT! Just not in cash.

    - Paul

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

    See question 
  • I was hit in the face with a doftball. While playing in a softball league with a local park district.

    I was running to second. When I started to slide the softball came and hit me in my face. I got cut Above the eye brow and got 8 stitches. And my eye got a tear in it and I currently am trying to heal it slowly and hopefully get my vision back. Am...

    Paul’s Answer

    While there may indeed be a bit of a problem with assumption of risk, that doctrine does not always prevent a seriously and horribly injured player from successfully bringing suit (See http://www.northjersey.com/story-archives/14-5m-settlement-reached-in-wayne-family-s-louisville-slugger-lawsuit-video-1.1226489).

    Poster, if you have suffered permanent blindness (or substantial loss of vision) and not just a boo boo that left a scar, you may want to contact several local attorneys who have handles sports injury cases and see what they say.

    - Paul

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

    See question 
  • Rear ended by taxi, driver refuses to provide insurance info. Diagnosed with neck strain, concussion, post-concussion syndrome.

    How do I get him to give me the insurance information? Have been directed to take time off and referred to neurologist so medical bills are going to be an issue, though the damage to my vehicle was minor. What's the best way to handle this?

    Paul’s Answer

    Not everyone who causes a motor vehicle collision steps up to the plate and accepts responsibility... if that were the case, I and many other attorneys, judges, and court staff would be looking for other jobs... so, when a tortfeasor (fancy for the person at fault) won't play ball... SUE! And, that means hiring a lawyer first.

    Poster, get all the medical attention you require AND get an attorney ASAP.

    - Paul

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

    See question