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Victoria Lindenauer

Victoria Lindenauer’s Answers

15 total


  • Om oct 23rd i cut my left index finger off at a friends house splitting wood in his backyard with a hydraulic wood splitter ....

    his homeowners insurance company wants me to answer some questions regarding the accident. i am afraid i will say something that will bite me in the ass later.also, i am curious if the homeowners insurance company will pay me any money after the ...

    Victoria’s Answer

    You need to act now. You may also have a claim against the product manufacturer, distributor, or others. It is critical that the evidence (the wood splitter, among other things) be "preserved" and unaltered since your accident. Many things need to be done that an expert can help you with. If you need assistance identifying good lawyers in Santa Barbara County, you are welcome to call.

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  • My 18 yr old son was injured while riding his bike, who is responsible?

    there was a truck parked on the street, truck had a camper shell on it and out of the back window there were half o dozen steel pipes sticking out about 4 ft. because of the camper shell my son didnt see the steel pipes and suffered multiple lacer...

    Victoria’s Answer

    I handled a case very similar to the one you describe (see below). Agree that immediate action is necessary to help preserve your son's potential claim, especially photographs. Here is the specific California Vehicle Code section which MAY apply: Per CVC Section 24604, whenever the load upon any vehicle extends, or whenever any integral part of any vehicle projects, to the rear four feet or more beyond the rear of the vehicle, as measured from the taillamps, there shall be displayed at the extreme end of the load or projecting part of the vehicle: a solid red or fluorescent orange flag or cloth not less than 12 inches square.

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  • Will an Attorney handle a personal injury claim that may include a lien from a health insurer.

    In January, the gym my wife belonged to, temporarly changed the floor composition and did not inform her of the potential risk of injury. She fell and severely broke her wrist. Her doctor and therapist estimate recovery to be six to twelve months....

    Victoria’s Answer

    It is commonplace for health insurers to assert claims on personal injury recoveries. Your lawyer should determine the validity of the claim, and work to negotiate a reduction of reimbursement of any valid claim. This process usually takes place nearer to the end of the case. Right now, because this is a case involving a serious injury, the focus initially should be on establishing liability against the gym for an unreasonably dangerous condition that caused the fall. The health insurer's claim can be resolved later and, in my humble opinion, should not be a major source of concern for you at the outset. I wish her the best in her recovery! You are welcome to call me to discuss this further. Victoria

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  • What is legal or customary time for the hospital to mail out the medical record upon receit of a written request?

    .

    Victoria’s Answer

    They are supposed to make the records AVAILABLE within five days of getting the authorization. This is not the same as copying them and sending them out, however, which often takes longer. If you wish to read the law that governs this topic, google "California Evidence Code Section 1158"

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  • My personal injury case in California was settled out of court can my lawyer charge me for my file (copy)

    He wont release the file to me unless I pay a fee, I thought the file was mine.

    Victoria’s Answer

    No.

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  • How and in what order should a slip and fall or P.I. case generally go?

    ...because the attorney I have contracte with last phoned me about a month ago and blurted out: " So! I heard you beed a back surgery!" . Haven't heard anything since and I was just wondering if I needed another attorney or what? I know these th...

    Victoria’s Answer

    I agree with many of the above comments. Injury cases can be stressful and emotional for the injury victim, and the manner and timing of case handling can seem slow and unwieldy to someone who has never been involved in the legal system before. Call your attorney and make an appointment to sit down in person and talk about what you can expect to occur. If you would like a status update periodically, ask for it. Some attorneys feel that clients would rather leave the whole matter to the attorney, and not be bothered about what is going on behind the scenes. Every case and every client is different, so communicate with your attorney about what you feel your needs are, and see if he or she can accommodate you. Good luck.

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  • How do I sue a hugecompany for loss of property,broken verbal agreement, resulting n personal anguish and is this a strong case.

    Purchased a camera from radioshack will full insurance and then returned it to radioshack for repair. Not giving.me my camera or even an answer on what happened. Until it was discovered to have happened to many other customers. I was told after 4 ...

    Victoria’s Answer

    Depending on the value of the camera (less than $7500?), I agree that small claims court would probably be the best way to handle the case. You can find everything you need, including forms, here: http://www.courts.ca.gov/selfhelp-smallclaims.htm. If you go to court, make sure you have all evidence at your fingertips, such as receipts, documentation of each time you tried to resolve the claim, and be prepared to tell your story and clearly and succinctly as you can. Good luck.

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  • In a small claims suit may I subpoena witnesses?

    Am I allowed to subpoena witnesses in a Small Claims suit?

    Victoria’s Answer

    In addition, please be aware of the general information about small claims court cases, available here:
    http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbasics.htm

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  • California Statute of Limitations - bodily injury

    Does a two year statute of limitations for automobile bodily injury mean you have two years to file or two years to actually settle?

    Victoria’s Answer

    Please be aware that there are different time constraints if the claimant is a minor, and additional time constraints for any claimant if anyone who caused the injury is a governmental entity.

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  • Can parents be liable for the actions of their offspring if said offspring is over the age of 18?

    I was involved in an incident, in which an indiddivual claims that his tooth was damage to the point that he/she will require an 'implant' when a ping-pong, that was tossed lightly, hit his tooth. My questions: Am I going to have the chance...

    Victoria’s Answer

    If you reside with your parents and depending upon the terms of their homeowners insurance policy, the policy may cover damages for your negligence, if indeed your conduct was negligent. Whether you were legally negligent depends on the facts of the individual case. There is not enough information in your post to give an opinion on that here. If you are sued, and if your parents' insurance covers you, then the insurance company would hire a defense attorney to represent you. The defense can retain an expert to give an opinion as to whether the incident caused the injury. This type of expert is called a "biomechanical" expert. An attorney is not unethical just because he or she takes on a case with "questionable" liability. Law students cannot represent you in court. You may want to have an attorney "tender" your defense to your parents' homeowners insurance company if a claim is made against you.

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