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Jean-Simon Serrano

Jean-Simon Serrano’s Answers

25 total


  • What can I do about a titanium screw breaking in my lumbar spine?

    Jean-Simon’s Answer

    You should consult with an attorney immediately - you may have a case if the screw was defective. To prepare for an attorney consultation, you may want to get all of your medical records related to the implantation of the spinal hardware so you can show them to your potential attorney. Do not delay!

  • Can I sue the town

    Jean-Simon’s Answer

    While you certainly "can" sue the town, your case may not be actionable based on the individual circumstances. You will want to consult an attorney in your area that handles personal injury and/or slip and fall cases. Since this is a public entity case, there may be a shortened time in which you must file. Try to get pictures to preserve the dangerous condition (pot hole). You should call an attorney in your area right away. They will be able to tell you if the case if viable.

  • If I am a co-owner of a vehicle that is in accident. Fault on the driver. Would both owners be liable under the CA 17150

    Jean-Simon’s Answer

    Your question is a little unclear. It will depend on the number of owners and the number of injured parties. If there is just one injured party, the owner is liable for up to $15,000.00 of damage caused by a permissive driver under Vehicle Code Section 17150. This liability is extinguished as soon as, up to, that amount is paid by another party (such as the driver themself). Your best bet will be to contact your insurance, assuming you were insured. The insurance company should be able to answer this question for you. My interpretation of 17150 is that each owner would be individually liable for up to $15,000.00. If there are 2 owners -- they could both, potentially, be liable for up to $15,000.00 for injury to one person.

  • My name is Karen and my husband was in an accident. He hit a lady in the rear because she had stopped in the road.ARCHIVED

    Jean-Simon’s Answer

    This will depend on laws in your area. I don't practice in your state, I practice in California where the owner CAN be held liable for injuries caused by a permissive driver (your husband in this instance). You will have to determine if Virginia has something similar. That being said, make sure your insurance is involved. They will provide a defense to both your husband and yourself, if necessary. If your coverage is adequate, you likely won't have to worry about any personal liability.

  • When is it considered medical malpractice....ARCHIVED

    Jean-Simon’s Answer

    It may be too early to tell. You'll likely need to consult with a medical malpractice attorney in your area. Typically, you will have to differentiate a bad result from negligence. Malpractice typically arises when the doctor who treated you fails to provide you with treatment that is "within the standard of care." A medical malpractice attorney in your area should either (A) be able to tell you if your case qualifies or (B) be able to put you in touch with a doctor who can review your matter and determine if malpractice was committed.

  • What should I expect to happen when I go to court after a car accident?ARCHIVED

    Jean-Simon’s Answer

    If you are being required to show up in Court after an accident to face, presumably, criminal charges, you should not do so without an attorney. I would recommend you look for either criminal defense or traffic attorneys in your area.

  • Should I sign to release medical record after car accident for injury claim?ARCHIVED

    Jean-Simon’s Answer

    Let me first say that I practice in California, not North Carolina. I would not sign a medical authorization form for the insurance company. Doing so will give them access to your ENTIRE medical history. If possible, try to write on the authorization that it is just for [insert whatever complaints you have]. Alternatively, you could tell them you aren't going to sign the authorization but you will provide them with the relevant medical bills and records. This will require you to get them yourself, but you can protect your privacy by doing this. Oftentimes, the insurance company wants access to your whole medical history so they can look for other accidents etc. so that they can blame your present complaints on those OTHER accidents. If you are uncertain, it couldn't hurt to consult an attorney in your area. Best of luck.

  • Do we have a case? Dental malpractice.ARCHIVED

    Jean-Simon’s Answer

    I don't practice in your state; however, I am initially concerned by the amount of time which has passed (3 years). I would advise that you consult with a local dental malpractice attorney IMMEDIATELY as the time limit in which to file such actions (statute of limitations) may be very short in your jurisdiction. Do not delay!

  • Advice on slip and fall in Wal-mart Bathroom. Employee began mopping while I was in stall.

    Jean-Simon’s Answer

    I am sorry to hear that you were injured. Make sure you follow all of your doctor's instructions regarding the recommended treatment. It is good that you filed a report. A business is generally not an insurer of the safety of its patrons; however, they generally have a duty to warn you of any known or hidden dangers on their property. In this instance, without knowing more, I would say that it is POSSIBLE that they are liable for your fall, depending on the circumstances. You should consult with a personal injury lawyer in your area for a full consultation though.

  • I received a careless driving ticket for an accident that I was injured in, how can I be at fault?

    Jean-Simon’s Answer

    I agree with the original response - you should request the police report for the collision to see why/if the officer determine you to be at fault. I will say that often these reports are inaccurate and can be disputed. You should consult with a local personal injury attorney.