California law, my daughter and a dog were hit by a car who went through a stop sign. Dog put down, daughter with minor injuries

Asked over 1 year ago - Sacramento, CA

My question is what can we expect from the insuance company of the driver? Is she entitled to any compensation? Pain and suffering, gas mileage cause she can not drive (foot broke) to work. Also the vet bill,as we took him to emergency.

Attorney answers (8)

  1. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    13

    Lawyers agree

    Answered . The driver is liable for running a stop sign. His/her insurance will have to pay for all of your daughter's past and future medical expenses, lost income and pain and suffering caused by the collision. The insurance will also be responsible for the dog, vet bills and the value of the dog. There is substantial controversy in California law as to whether you can get emotion distress damages for loss of a dog. I've been doing this in Sacramento for over 20 years, so if you want additional information, please call.

    S. David Rosenthal
    ROSENTHAL LAW
    2251 Douglas Blvd., Ste. 120
    Roseville, CA 95661
    Phone: (916)774-7200
    Fax: (916)774-7203
    sdr@drinjurylaw.com
    www.rosenthalinjurylaw.com

  2. Malosack Berjis

    Contributor Level 20

    11

    Lawyers agree

    Answered . Your daughter really should consult with and hire a local personal injury attorney (who will then deal with the other driver's insurance company). It is very difficult for anyone, really, to address your questions based on the limited facts that you have provided.

  3. Brian Keith Findley

    Contributor Level 4

    10

    Lawyers agree

    Answered . How unfortunate for your family. Based on what you have said, you probably have a claim against the other driver's insurance. You really should consult an injury attorney to ensure you get what you're entitled to.

  4. Steven Mark Sweat

    Pro

    Contributor Level 19

    10

    Lawyers agree

    Answered . You are entitled to have all of the medical bills paid for your daughter plus additional damages for her pain and suffering. You are entitled to also have the vet bills paid. Retaining an attorney would be the best way to maximize the recovery on all of the above. Hope this helps. If you would like to speak further, please feel free to contact me at my toll free # 866-229-0101.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  5. Paul J Molinaro

    Pro

    Contributor Level 18

    10

    Lawyers agree

    Answered . No one should handle any claim (involving a motor vehicle accident with bodily injury) against any insurance company without a lawyer. Claims should be handled by a lawyer - one who will be able to understand and explain the physical damages and injuries from accident. The victim of a car accident really needs to worry about one thing - getting better. That means attending doctor's appointments, attending physical therapy (if appropriate), and taking his or her medication. All of the rest can be handled by a personal injury attorney. We earn our fees (contingent by the way) by taking on the stress and hassle of fighting for money - I dare say some of us actually enjoy the fight, but I realize that most people do not enjoy conflict.

    As for getting recovery – the attorney will be the one to know how to go after anyone and everyone plus their insurance companies who has even a hint of liability... while making absolutely sure not to cross the line into frivolous lawsuits or extortion, we will use all legal means to recover for our injured client(s). In a motor vehicle accident, most personal injuries immediately target the driver, the owner, and the employer of the driver as potential defendants. If the defendants want to argue among themselves, so be it, but if the accident is the fault of the driver, at least one of them will be found liable when the jury gives the verdict.

    Fortunately, most of us personal injury types offer free consultations and take such cases on contingency, so there is nothing to fear in calling us.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . A personal injury lawyer can investigate pursuing a claim against the at-fault driver for pain and suffering. Best bet is to contact one of the lawyers in your state who answered above to evaluate the case.

  7. Jeffrey Ira Schwimmer

    Contributor Level 19

    11

    Lawyers agree

    Answered . Mr. Rosenthal gives you a good road map. Why don't you meet with him for a free consultation. You will be doing your daughter a dis-service if you try to handle it yourself because you will never obtain the amount of compensation an attorney would or could.

  8. David B Pittman

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . You should consult a lawyer ASAP for help with this. I know in some states the dog death is compensated under the property damage policy. I have cases where this is the case, so hire a lawyer for the best results.

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