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Pius Joseph
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Pius Joseph’s Answers

1,134 total


  • Why did Keenan and Associates send me Answer to Application for Adjudication?

    I was injured on April 7, 2016 I stepped into pothole and fell and injured my left ankle. I went to Us health works that took xray on the injury date and it didnt then I hired attorney and changed doctors and had MRI and I sent to podiatrist and t...

    Pius’s Answer

    I believe that you are involved in a workers compensation claim. However, if the pothole was a condition on a public or private property and the "pothole" was a dangerous condition that justifies a claim for negligence/premises liability you should evaluate the personal injury claim that does not limit which doctors you see as well as give you pain and suffering damages.

    Workers comp. treatment on the other hand is managed by bureaucrats that will assign you an MPN (member provider network) doctor you must treat with. The decision if your treatment if will be approved is based on a process called "utilization review". Again some non physician bureaucrat will make that decision. The decision is generally not subject to judicial review due to the administrative nature of the process. Finally your disability will be evaluated by a med-legal process called QME or AME. The rating given by a doctor after a 1-2 hour examination and reports will determine your disability rating that forms basis of the value of your case .

    So get a workers compensation lawyer to help you. Good Luck.

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  • Getting a lawyer for my own insurance company

    I was involved in an accident and the other driver did not have Insuracne. I have full coverage and uninsured motorist. Will my Insuracne company drop me if I sue them to get everything fixed and pay my medical bills?

    Pius’s Answer

    Uninsured motorist coverage is for your protection and you paid the premium for that purpose. Your insurance carrier cannot increase your premium based on an uninsured motorist claim. I suggest you hire an attorney since even in cases such as yours, where a first party claim is presented you will get "lowball" offers unless the claim is negotiated professionally. Second, your attorney can document the claim process and in case your own insurance company unreasonably denies you a fair settlement, you can move forward with arbitration and if successful in getting a more favorable result can potentially take steps to file a bad faith lawsuit against the insurance company that will lend itself to punitive damages against your own insurance carrier.

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  • Is the homeowner liable for my head injuries?

    I was at a house party a few months ago. I was raining to they (assuming homeowners) put up a blue tarp over 2x4 studs. while I was walking around, one of the studs fell and hit me right n my forehead. It knocked me down and I dazed out for a minu...

    Pius’s Answer

    You may have a claim against the Homeowner or the installer of the Tarp( if contracted). If you have injuries you can treat and obtain the medical bills paid ( generally to the extent of $5,000-$10,000) ,which generally is the amount of medical payment in most Homeowner's policy if that is available. Med-pay is a non fault policy. The only catch sometimes is that if that is an excess policy, you must exhaust your health policy first.
    In case you want to seek higher amounts, you will have to prove negligence,either by the Homeowner or the installer of Tarp as the case may be. Good Luck.

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  • Spinal cord injury... Do we have a case?

    My 18 year brother recently graduated high school and went swimming at a friends house ( we do not want to sue the friends home owners ins) and did a bad dive and now suffers C4 complete spinal cord injury. His friends pulled him out and their fat...

    Pius’s Answer

    The facts you state are insufficient to give an intelligent opinion as to liability or the EMT . Here is what you need to look into:
    1. Was there any defect or code violations in the pool that may have caused or contributed to the injury. This you cannot figure out yourself. You will need an engineering expert to inspect the pool and make that decision.
    2. As to EMT, you will need a medical expert to look into the breach of standard of care by EMT ,their training or lack of injury.

    All of the above could cost in the neighborhood of $7,000-$10,000. You will need someone willing to bet that money to figure out if there is a case. You may also be able to figure out less expensive evaluation initially to see if there are issues that could lead to liability.

    So ,the the above analysis will lead you see if there is a case instead of a blind move to find out finally that there is no merit in all the endeavors . Good Luck

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  • Do we have rights to ask for compensation for time loss and suffering due to this incident?

    My brand new Mercedes was being transferred from a San Diego dealership to my house in the Bay Area at the courtesy of the dealership. Before we even saw the car, we got a call from the trunk driver telling us that our car was damaged while he was...

    Pius’s Answer

    • Selected as best answer

    You can claim loss of use from the Company, in addition to cost of repair. Since your car is brand new and financed, you can claim any diminution of value if it is total loss.
    You do not recover pain and suffering damages for property damage only claim.

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  • My five year old daughter got molested at school today. Can I sue the school for negligence?

    Today my five year daughter was acting strange. Not normal but in a inappropriate behavior. Grandma told me she was standing in the couch. Took off all her clothes and spread her legs. Showing her vagina. So I questioned my daughter myself. I as...

    Pius’s Answer

    My immediate suggestion is that you contact National Crime Victim Bar Association in Washington D.C immediately for Support. They will asset you in finding counseling for the child and family for free. Of course you will need to ask the school to initiate a crime report and if they fail,initiate contact with police for the criminal investigation. You have an action against the school and the perpetrator. Time is of the essence in terms of initiating the investigative and criminal process.

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  • In California, to file a lawsuit for this matter, when does the statute of limitation run out?

    Many years ago, in L.A., California, when I was pregnant, the doctor performed amniocentesis. During weeks prior to amniocentesis I could feel my child move very actively in the womb and I also had an ultrasound which showed a normal baby. Amnio...

    Pius’s Answer

    First of all,it is your belief that there is malpractice.You will need to have an expert medical review and opinion as to the potential malpractice.If is a discovery statute and generally one year from the date of discovery. You may want to seek legal counsel for an expert medical review of the records to see if you have at a minimum a probable case.Good Luck.

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  • Product liability for survivor claim

    Hi, can the estate only file claim for medical punitive or exemplary damages for product liability?

    Pius’s Answer

    Need a bit more facts. A Product liability Plaintiff suing on behalf of an estate based on a wrongful death claim can collect all wrongful death damages: Medical expenses, damages loss of the loved one, loss of support, love companionship etc.
    In order to claim punitive damages you will have to prove facts justifying such damages: "reckless disregard, intentional conduct or pattern of conduct, malice etc.".
    In theory this is all possible. You will need a lawyer that knows his/her stuff in products cases to get to that area of damages. Good Luck.

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  • Is actual impact with a pedestrian required for auto to be liable for injury?

    I was crossing the street at a crosswalk at an intersection from north to south. I was on the west side of the intersection. I had a green light to cross. It was night time. The street I was crossing is two-way. As I was about half-way across...

    Pius’s Answer

    Regardless of the injury you will need to have obtained identifying information of the offending driver. California law is clear as to duty of a driver while in the cross-walk. If you were rightfully in the cross-walk the other driver must have waited until you passed for her to safely make the maneuver.
    You still have to prove causation of injury. So actual impact is not necessary in this type of scenario but it will be fact driven .

    You mentioned that the "driver could not see you". You may want to explore if there was poor lighting conditions that may trigger a public entity liability. If you have substantial injuries, it may be worthwhile going to a lawyer that understands this type of a case so that you may prevail in litigation. Keep in mind that In California you only have six months from the date of incident to file a Government Tort claim against a public entity.

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  • How do i obtain a copy of the policy i was covered under?

    How do i find a copy of an insurance policy that i was covered under when the state collected funds for claims payment (specific purpose ) of my insurance company. Insurance commissioner requested responsible party fiduciary duty??

    Pius’s Answer

    Your question is not clear as to what policy you are seeking. If it is your own policy that you paid for you have every right to get a copy of it. Your own insurance company has a fiduciary duty to you.

    If it is a third party policy, then insurance companies will not give it you, unless you seek it in discovery during litigation by a demand to produce documents.

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