John Joseph George's Answers

John Joseph George
Santa Clara Mediation Attorney.
Contributor Level 6

7

Attorney answers:

  1. Kevin Paul Smith
  2. Adam David Sorrells
  3. R. Michael Bomberger
  4. John Joseph George
  5. Steven Ronald Kuhn
  6. ···

My daughter was bitten by a dog a year ago, she was 2 at the time and 2 months short of her 3rd. birthday.

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

I hope you have photos of the marks left by the dog. These together with the ER report should establish that your daughter was bitten. In California, there is strict liability for dog bites. If the dog owner had home owners insurance, you chances of collection are greatly enhanced, In addition to the medical bills, your daughter is entitled to be compensated for pain and suffering and residual scarring, if any. No way to determine the value without further investigation. Hire a lawyer....

1 person marked this answer as helpful

3

Attorney answers:

  1. John Joseph George
  2. Richard N Shapiro
  3. Lars A. Lundeen

Was rear ended in an accident. My insurance is paying for my medical bills. Do I need to reinburse them when I get my settlemen

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

"The insurance of the person who hit you" is working you for a settlement., not working with you. Get a lawyer...now. As for reimbursement of med-pay in CA...depends upon whether or not your settlement makes you "whole". It's a rather complex legal doctrine. and also involves the specific language of your own policy. The answer is maybe, maybe not. Dealing with insurance companies on your own is like the canary going to the cat for advice. And don't let the chiro run up a sky-high bill......

1 person marked this answer as helpful

1

Attorney answers:

  1. John Joseph George

Husband and son accused of stealing from a motorcycle shop.

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

Litigation will get you nowhere. The less said about it the better. My guess is that it will blow over.

1 person marked this answer as helpful

6

Attorney answers:

  1. Peter Robert Stone
  2. Michael Stuart Brown
  3. Adam David Sorrells
  4. John Joseph George
  5. Andrew Daniel Myers
  6. ···

I was bitten by a dog and my health insurance wants part of the settlement to be paid back to them. What are my obligations?

Asked by a user in Santa Clara, CA - almost 2 years ago.

The other responders have given sound advice about the potential reimbursement claim by your health insurance carrier. However, you may be entitled to compensation for your pain, scarring, residuals, future medical expenses, loss of earning capacity, etc. If you signed a release, you may be out of luck as to the damages in excess of the medical expenses. If not, you may have a better case than you think. See an experienced personal injury lawyer to review your case before you sign anything....

4

Attorney answers:

  1. Steven Alan Fink
  2. John Joseph George
  3. Adam David Sorrells
  4. Lars A. Lundeen

Who is responsible if your child beats up another child in school?

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

Yes. Under California Civil Code Section 1714.1, the parent or guardian having custody and control of a minor is liable for the willful acts of the minor up to $25,000 for medical, dental and hospital expenses. It is likely you have joint legal custody. Both you and the mother should contact your respective homeowner's insurance carriers if a claim develops and let them handle the legal defense. I would also give the child a good talking-to, perhaps make him apologize to the child he hurt,...

4

Attorney answers:

  1. R. Michael Bomberger
  2. John Joseph George
  3. Michael J. Helfand
  4. Jason Eric Kipness

I had a baby by c-section in 08/08 and 4 weeks later I slipped and fell in a grocery store. What should I be compensated?

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

Whether you should be compensated at all is the threshold issue. You must first establish liability against the store. You did not specify what caused you to slip and fall. You must prove there was a dangerous condition and that the store either created the condition or had sufficient notice of the condition and did not correct it. These are difficult cases and trying to evaluate damages on the basis of the facts you provided is impossible. You should see a lawyer right away and not...

2

Attorney answers:

  1. John Joseph George
  2. Lars A. Lundeen

What are my legal rights?

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

To protect yourself from "extra" claims you need a signed release from the other motorist which specifically waives section 1542 of the California Civil Code both as to property damage and bodily injury. I would not "meet up" with the other person. Who knows what the demand will be then? Either see a lawyer who will draft a bullet-proof release or better yet, report the incident to your insurance company and let them handle it. This is the safest way to go.

3

Attorney answers:

  1. John Joseph George
  2. Mark Carleton Blane
  3. Lars A. Lundeen

My car was hit by a skateboarder while I was waiting to turn. Now, my insurance has notified me there is a lawyer involved...

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

Yes, it is normal. There is an issue of liability. Since you have reported this incident to your insurance company...let them handle it. Give statements only to your own carrier. If it develops into a lawsuit, your insurance company has a duty to defend you and pay any settlement or judgement up to your policy liability limit.