Brian David Sudano's Answers

Brian David Sudano
Walnut Creek Personal Injury Lawyer.
Contributor Level 6

4

Attorney answers:

  1. Brett A. Borah
  2. Brian David Sudano
  3. S Edmond ElDabe
  4. Steven Ronald Kuhn

Do I need to find a worker's comp attorney or personal injury or?

Asked by a user in Sacramento, CA - over 2 years ago.

There are two questions here- first do you need a worker's compensation or a personal injury attorney. If you have a workers' compensation case then you will need a workers' compensation attorney. You may also need a personal injury attorney to obtain compensation you can not receive from Workers' Compensation. Workers' Compensation is a no fault based system. However, you can not recover all damages you can when there is fault. If you injury was the result of another's negligence then you...

1 person marked this answer as helpful

3

Attorney answers:

  1. Steven Ronald Kuhn
  2. Brian David Sudano
  3. Lars A. Lundeen

I was rear-ended at a dead stop, but the person who hit me has no insurance, what's generally the best course of action?

Asked by a user in San Luis Obispo, CA - over 2 years ago.

it sounds like you have a legitimate case. However, the question is who to sue and whether you can collect. First, you should contact your insurance company to see if you have uninsured motorist coverage. If you do, you can sue your insurance coverage for your injuries. The other route you should look into is whether the person that hit you have any personal assets worth going after. Given that the person couldn't pay for auto insurance would tend to indicate they do not. However, it may...

2

Attorney answers:

  1. Brian David Sudano
  2. Norman Gregory Fernandez

Does the last car in multiple fault responsible for all cars ahead?

Asked by a user in Los Angeles, CA - over 2 years ago.

Its questionable. You need to view each collision and the results of each collision independently. For instance, the initial two car accident was not her fault, so any injuries caused by that accident are not attributable to her. Now, assuming that she is 100% at fault for hitting the second car which then hit the first car, she would be responsible for any injuries caused by her negligence. This is a tough issue that would require investigation to determine who is at fault for what and...

3

Attorney answers:

  1. Steven Ronald Kuhn
  2. Brian David Sudano
  3. Norman Gregory Fernandez

I have injuries from an at-fault accident.

Asked by a user in Los Angeles, CA - over 2 years ago.

If the accident was your fault, then generally you will not be able to recover your medical bills from your friends insurance company. If you would like to determine for certain whether your friends policy will not cover you, request a copy of his insurance policy and ask for the provisions that insurance company is relying on to deny coverage.

5

Attorney answers:

  1. Brian David Sudano
  2. Steven Ronald Kuhn
  3. Michael Douglas Shafer
  4. Shaun Amarnani
  5. Carlos Gonzalez

Is this a civil or personal injury case?

Asked by a user in San Jacinto, CA - over 2 years ago.

Your friend should contact an attorney to discuss the case. The facts are a little light to be able to determine whether there is a cause of action for negligence, violation of civil rights, or both.

2

Attorney answers:

  1. Michael Douglas Shafer
  2. Brian David Sudano

I have a no bail warrant can i fly to las vegas

Asked by a user in San Jose, CA - over 2 years ago.

Yes. You can be arrested at the airport or anywhere. You should get your warrant taken care of as soon as possible.

1

Attorney answers:

  1. Brian David Sudano

Disability claim and part time work

Asked by a user in Concord, CA - almost 3 years ago.

Social Security allows for a trial work period for nine months to see if you can work. During that time your benefits are reduced by the amount you earn working. The determination is not based on hours worked, but whether you can earn money and be gainfully employed. Currently, in 2010, this is earning $1,000 for a month for disabled persons who are not blind, and $1,600 if you are blind. For a more in depth answer, visit Social Security's website at: http://www.ssa.gov/pubs/10095.html#part3

5

Attorney answers:

  1. Brian Curtis Pascale
  2. Christian K. Lassen II
  3. Brian David Sudano
  4. Jeffrey Mark Adams
  5. Charles Joseph Michael Candiano

How much is reasonable to expect a subrogation health insurance lien to be reduced?

Asked by a user in Orlando, FL - about 1 year ago.

It depends on who the health insurance is through and what the contract your brother signed says. It is possible that, if it is Kaiser, there are statutory limitations on what can be recovered. See Health and Safety Code 3045 et seq. However, these are for hospital charges. If your brother receives health insurance from Blue Shield or an insurance company without a hospital, then this provision would not apply. Generally, insurance companies will negotiate the lien with facts like your...

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