Actually it depends on the road and signs or lack thereof. If there is a posted speed limit that is violated then the violation is found in VC Section 22348. If no speed limiti is posted then VC Section 22352 provides for prima facie speed limits depending on the surrounding area (residential is 25 mph). Of course, regardless of the speed limit, you always have to drive at a speed that is reasonable given the conditions and driving too fast for conditions violates the basic speed law found...
A. Yes, this is admissible subject to proper foundation and Ev. Code 352 issues.
B. Possibly. It is relevant to impeach the veracity of the witness but you still have Ev Code 352 issues depending on the circumstances of the inconsistency and the current case.
C. No. But I would wager the witnesses opens the door to this type of evidence.
Unfortunately, it will be difficult to change the mind of the adjuster. They are essentially bureaucrats who don't think much.
That being said, make sure to get paperwork documenting all your claimed expenses -- medical bills and medical records as well as any wage earning documents. From an insurance company's perspective if it isn't documented in a piece of paper, it didn't happen.
Generally speaking a wrongful death cause of action does not accure (and the SOL clock does not begin) until the date of death. But, this is a specific question that your lawyer will know much more about than anyone on this website.
A written agreement to provide a lien is a contract, so the answer to your question is "it depends what the contract says." The word lien is a term of art that means if you recover money then, and only then, you have to pay the amount. So under a traditional lien you would not personally owe the chiro unless you recovered money in your lawsuit. However, most of the time in medical billing situations you owe the bill and the provider has agreed to hold off on collecting the bill, but bot...
As you can see, this is not such an easy question to answer. Bottom line is that details are important to answer your question. I would recommend buying an hour or two of time from a local attorney with experience in this area to review the details and give you a formal written answer. You will want to have that to protect yourself regardless.
Even if you can prove the doctor was not a co-employee, you would then need to show that the physician's conduct fell below the standard of care. In essence, this would be a medical malpractice case. Those cases are difficult and expensive to prove. Here, based only on the brief facts you provide, it is doubtful any attorney would be interested in pursuing a medical malpractice case. But, if you want to investigate further, call a med mal attorney.
Your insurance company is going to find out regardless of your efforts to the contrary. In fact, failing to report the accident or lying about it will likely result in far greater increase in your premiums than if you report the accident yourself to DMV and your carrier.
Of course. The more relevant question is how to find the attorney and what will they charge. You can search Avvo, or re-post with more information about the underlying claim so attorneys can determine if if falls within their area of expertise.
Your brother needs to let his insurance company know that he is being sued (if he has not already done so) and if they are already defending him, then your brother needs to fully cooperate with the attorney the insurance company hired to represent him.