Deborah Barron's Answers

I want defendant's insurance company's settlement to state settlement is for medical and pain and suffering, will they do this?

Personal injury settlements, whether from the at fault driver or your own UIM insurance are determined to be for your pain and suffering for purposes of the IRS, meaning you pay no income tax on the money you receive. The $25,000 you received will be subtracted from your UIM limits so that the maximum you can receive is $25,000 from your UIM coverage. It doesn't matter whether the damages are evidenced by medical bills or lost wages, they are looked at as a combined total. In addition, you...

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Do I need a lawyer for car accident ?

A consultation with a personal injury attorney is free, so you should make an appointment as soon as possible as they can advise you on a number of issues you must deal with after an accident. Visit my website for advise on what to do after an accident and feel free to contact me for more assistance. 800-529-5908.

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Do I have a cause of action against the city or public bus agency for loss of pet from an accident?

I understand how devastating the loss of a pet can be. Unfortunately the law sees a pet the same as livestock or a car, it is personal property under the law, not a person. So the legal system will only compensate you for the replacement cost of the pet or any other expenses for medical services or burial. You are not compensated for the emotional distress you suffered when you witnessed your dog being hit and dying. If you make a claim against the public bus, remember that you only have 6...

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How much should i demand in my case?

You should consult with a personal injury attorney as soon as possible after your accident to determine if you are getting proper medical treatment and to assist with your claim. There is no charge for a consultation and even if you decide to attempt to settle your claim without an attorney, you will gain valuable information. Hiring an attorney requires no upfront fees and attorneys will obtain a much higher settlement for you so why not leave it to the experts. Would you try to perform a...

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I was assaulted at a night club that was understaffed & the person that assaulted me got away can I sue the nightclub?

Whether the Club was properly staffed may be a question for a security expert witness to answer. Since you don't know who punched you, the Club is your only possible avenue to make a claim for your medical bills. These types of cases are always difficult because the club is not liable unless they were negligent or were on notice of this type of danger and did nothing to avoid it and protect their patrons.

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My lawyer was disbarred near the completion of an auto accident injury case. Can I take this to arbitration without atty.

You should contact a California personal injury attorney to take over the arbitration and potential settlement negotiations. You will need an attorney to fight for your rights and to obtain the best outcome for you. Feel free to contact my office for assistance. 800-529-5908

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I was riding my moped when this car hit me. I have no insurance. Can they give me money for pain and suffering

Assuming the owner of the car that hit you has insurance, that insurance should cover property damage as well as personal injury. If you have not been treated by a medical provider, it will be dificult to recover for personal injury and prove your pain and suffering. Please visit my website for tips on what to do after you are in an accident.

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Injuries inflicked by ex--- can i sue in small claims?

The limit you can sue for in small claims court was just raised to $10,000. Battery and personal injury claims have to be filed no later than two years after the attack. Looks like you are too late. You may be able to apply to the State victims fund to obtain the money to pay for your dental work. Did you make a criminal complaint? The statute of limitations for criminal complaints is longer than for civil.

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Can a personal injury claim be sought in FEHA claim?

Often times we have a discrimination claim coupled with a tort claim in a complaint filed with the court. It could be assault, battery, false imprisionment and/or personal injury arising from sexual harassment or other discrimination, harassment or retaliation. You must first file a complaint with the DFEH or the EEOC for all discrimination claims. Best to consult with an attorney before filing your complaint with an agency. Feel free to call or email me for assistance. 916-486-1712

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I have no auto insurance and was involved in a DUI car accident. I was not at fault, what happens next? I live in California.

Hopefully the DUI at fault driver has insurance. If not your own insurance may cover you. The fact that you drover your brother's car and you did not know it was uninsured does not place any fault on you. So don't worry. I suggest you contact a personal injury attorney to sort out the insurance issues and represent you. Feel free to contact my office by phone or email. Visit my website for helpful information on what to do if you are in an accident.

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