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I hit a pothole with my personal vehicle and it caused $1200 in damage as my tire popped and the rim was bent. I replaced the tire and the rim. I filed a notice for the city to notify them of the pothole and I was told that someone had notified th...
Time is of the essence and government claims can be tricky (see California Government Codes below). Although the matter has relatively low damages, it would behoove you to consult with an experienced attorney who can guide you through the process.
The adjuster's rudeness is undoubtedly infuriating and unjustified. Sadly, you can't sue someone for being a jerk but you can sue a governmental entity for a dangerous condition. You may or may not prevail but you're certainly within your right to pursue your case.
Government Code Section 911.2 states:
(a) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action.
Per Government Code Section 913 you then have six (6) months to file a lawsuit against the governmental entity:
(a) Written notice of the action taken under Section 912.5, 912.6, 912.7, or 912.8 or the inaction that is deemed rejection under Section 912.4 shall be given in the manner prescribed by Section 915.4. The notice may be in substantially the following form:
“Notice is hereby given that the claim that you presented to the (insert title of board or officer) on (indicate date) was (indicate whether rejected, allowed, allowed in the amount of $___ and rejected as to the balance, rejected by operation of law, or other appropriate language, whichever is applicable) on (indicate date of action or rejection by operation of law).”
(b) If the claim is rejected, in whole or in part, the notice required by subdivision (a) shall include a warning in substantially the following form:
“Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
“You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately.”
I was hit by a car as I was walking down the cross-walk. The light changed as I was half-way through the cross-walk. The driver gave his information along with his Insurance policy #. It turns out that the driver's insurance lapsed the same month ...
Sorry to hear that you were injured so badly. Hopefully good medical treatment and time will heal all.
There is sometimes more than one way to find coverage in cases that seem to be a dead end. Below are some ways that you may be able to be compensated for your injuries. This is not an exhaustive list, just a starting off point.
If you have uninsured motorist (UM) coverage on your automobile policy, then you should be able to invoke that coverage in this situation. If you do not have UM coverage but a member of your household does have UM coverage on his/her policy, and if you're not excluded on your household member's policy, then you should be able to invoke that coverage in this instance as well.
You need not be an occupant of a car involved in a collision. You need only demonstrate that you were injured as a result of the uninsured motorist's neglect.
You may also be able to invoke medical payments coverage under your own or a household member's automobile coverage (subject to the same proviso stated above).
Another avenue of recovery may apply: If the driver that hit you was in the course and scope of his or her employment at the time of the accident you would be able to go after his/her employer who should have a commercial liability policy covering automobile accidents.
An attorney can run an asset search on the uninsured driver. Although they may not be insured they may have sufficient assets which can be pursued.
It could also be that the driver's insurance lapsed due to a mistake on the part of the insurance carrier (unlikely, but possible) and that, in the end, the policy did not actually lapse.
If there have been multiple similar accidents at the same location then you may have a claim against the government for a dangerous road condition/design (governmental claims must be made within a limited time frame the scope of which should be addressed by an attorney).
Your injuries sound severe enough that a consultation with an experienced attorney who will leave no stone unturned could be of great benefit to you.
Good luck and I wish you Godspeed in your recovery.See question
My child was crossing the street when a car hit him off his skateboard. My kid had the right to cross and the car said he did not see him when he was turning right because the sun was in his eyes. After that the insurance of the driver is asking ...
I'm sorry to hear that your son was injured in such a manner. It hurts to see your child in pain.
In California, settlements for injuries to a minor must be approved by the court (law below). There are so many issues in a matter such as that of your son's that you need an attorney to handle it for you. For example, outstanding medical bills/liens may need to be paid out of the settlement and/or your health insurance will be entitled to reimbursement for any monies that they paid out on behalf of your son. An attorney will negotiate these outstanding liens/balances.
Courts want to be sure that the settlement is in the best interest of your child and, again, the best interest of your child may have many factors that should be evaluated by an experienced attorney. The court will want the net proceeds of your son's settlement to be placed into a blocked account until his 18th birthday -- OR, if it is a large settlement, you may want to structure the payout so that he does not receive a large sum of money on his 18th birthday. Again, this should be handled and worked out by an experienced attorney.
There are way, way too many issues to discuss on this forum. An experienced attorney will know what questions to ask and, by the same token, will be able to answer any questions that you may have.
California Probate Code Section 3500 states:
(a) When a minor has a disputed claim for damages, money, or other property and does not have a guardian of the estate, the following persons have the right to compromise, or to execute a covenant not to sue on or a covenant not to enforce judgment on, the claim, unless the claim is against such person or persons:
(1) Either parent if the parents of the minor are not living separate and apart.
(2) The parent having the care, custody, or control of the minor if the parents of the minor are living separate and apart.
(b) The compromise or covenant is valid only after it has been approved, upon the filing of a petition, by the superior court of either of the following counties:
(1) The county where the minor resides when the petition is filed.
(2) Any county where suit on the claim or matter properly could be brought.
(c) Any money or other property to be paid or delivered for the benefit of the minor pursuant to the compromise or covenant shall be paid and delivered in the manner and upon the terms and conditions specified in Chapter 4 (commencing with Section 3600).
(d) A parent having the right to compromise the disputed claim of the minor under this section may execute a full release and satisfaction, or execute a covenant not to sue on or a covenant not to enforce judgment on the disputed claim, after the money or other property to be paid or delivered has been paid or delivered as provided in subdivision (c). If the court orders that all or any part of the money to be paid under the compromise or covenant be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, the release and satisfaction or covenant is not effective for any purpose until the money has been deposited as directed in the order of the court.
Over a month ago I slipped and fell outside of my apartment complex in my parking garage. There was a plastic wrapping paper of a beers I slipped on and fell on my back. I called 911 because I was unable to move and if I did it caused extremely pa...
You can file a claim against the property owner and/or property management company (collectively "defendants") for the injuries and damages that you sustained in the fall. You will have to prove that the defendants knew, or in the exercise of reasonable care, should have known that a dangerous condition existed and did nothing to repair it or warn you of the unsafe condition (see below for law and jury instruction).
It is also possible that, regardless of fault, the apartment building carries medical payments coverage in their insurance policy. Medical payments coverage typically covers reasonable and necessary medical expenses for treatment of injuries sustained on someone's property whether or not the property owners/managers are liable for the injuries. This is something that you or your attorney can pursue.
Here's the general law on Premises Liability cases:
As in a general negligence cause of action, a plaintiff bringing an action for premises liability based on a negligence theory must plead and prove that the defendant breached a duty of care owed to the plaintiff that proximately caused injury and damages. (Paz v. State of California (2000) 22 Cal.4th 550, 559, [93 Cal.Rptr.2d 703, 994 P.2d 975].) Those who own, possess, or control property generally have a duty to exercise ordinary care in managing the property in order to avoid exposing others to an unreasonable risk of harm.
The following is one of the jury instructions for Premises Liability matters:
Defendant was negligent in the use or maintenance of the property if:
1. A condition on the property created an unreasonable risk of harm;
2. Defendant knew or, through the exercise of reasonable care, should have known about it; and
3. Defendant failed to repair the condition, protect against harm from the condition, or give adequate warning of the condition.
Good luck. Call an attorney -- these cases are difficult to handle on your ownSee question
So, meter reader goes on private property to read the meter. Gets bit by dog. Forced to do worker's comp only or can he go after the homeowner/their insurance?
The answer is yes. This is a complicated area of the law where you end up with a hybrid claim against the at-fault party (dog owner) and your employer in the context of worker's compensation. There are attorneys that are experienced in this area which is full of nuances and tricky negotiations.
Here's the actual text of the California Labor Code (Section 3852) as it applies to this situation:
The claim of an employee, including, but not limited to, any peace officer or firefighter, for compensation does not affect his or her claim or right of action for all damages proximately resulting from the injury or death against any person other than the employer. Any employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligated to pay salary in lieu of compensation, or who pays or becomes obligated to pay an amount to the Department of Industrial Relations pursuant to Section 4706.5, may likewise make a claim or bring an action against the third person. In the latter event the employer may recover in the same suit, in addition to the total amount of compensation, damages for which he or she was liable including all salary, wage, pension, or other emolument paid to the employee or to his or her dependents. The respective rights against the third person of the heirs of an employee claiming under Section 377.60 of the Code of Civil Procedure, and an employer claiming pursuant to this section, shall be determined by the court.
If the person about whom you're speaking is the employee then he/she should seek counsel from both a worker's compensation attorney and a personal injury attorney OR from an attorney that represents injured parties in both of these areas of the law.
If the person about whom you're speaking is the homeowner/dog owner, then he/she should immediately open a claim with his/her homeowner's or renter's insurance.
I wish you the best in either event.See question
No bodily injury Totaled vehicle Incomplete Registration of vehicle caused in excess of 2 months delay for proof of ownership Loss of use of vehicle
Actually I must respectfully disagree with my colleagues. There is a three (3) year statute of limitations to settle a property damage claim (which includes loss of use) in California. If the insurance carrier doesn't pay the claim by the three year mark and if you don't file a lawsuit against the at-fault driver prior to that three year mark you claim will be extinguished.
This is per California Code of Civil Procedure Section 338 (c)(1) Within three years: an action for taking, detaining, or injuring goods or chattels, including actions for the specific recovery of personal property.
I don't know if this has a statute of limitations but last July 2016, I bit into a chicken breast & honestly believed nor expected any small bone inside as I bit into it. Of course, there's no statement or "caution" noted about bones inside or to...
I'm sorry to hear that this happened to you.
Unfortunately, a bone is a naturally occurring substance in a chicken breast. Therefore it is not feasible to sue the grocery chain that sold the meat to you,.
Under California law, a preparer of food is free from liability for injuries caused by a naturally occurring
object or substance in that food. The Court first announced this rule in Mix v. Ingersoll Candy Co. (1936) 6 Cal. 2d 674 (“Mix”).
The Mix doctrine is based upon the logic that consumers expect occasionally to find a piece of bone in meat dishes, a pit in fruit, or a piece of shell in a nut danish. Consumers can reasonably protect themselves against injury from such naturally occurring conditions.
Again, sorry to that this happened to you but I don't see a case here. However, this is MY opinion and should not stop you from seeking the advice of other licensed California attorneys who may see it differently than I do.See question
or something else? My Uncle was basically dropped. Wondering what rights and what type of attorney needed.
If the hospital staff member(s) are health care professionals under the Business and Professions Code then, yes, your uncle having been dropped would be considered medical malpractice.
MICRA defines health care providers as those licensed or certified under Division 2 of the Business and Professions Code (§§ 500 to 4998.7), under the Osteopathic Initiative Act, under the Chiropractic Initiative Act, or “… any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. ‘Health care provider’ includes the legal representatives of a health care provider.”
In order to prevail in a medical malpractice claim against the hospital for mistakes of their staff your uncle must establish: (1) the duty of the professional to use such skill, prudence, and diligence as other members of his/her profession commonly possess and exercise, (2) a breach of that duty, (3) a proximate causal connection between the negligent conduct and the resulting injury, and (4) actual loss or damage resulting from the professional's negligence.
Please contact a medical malpractice attorney for further guidance. Their face to face discussion with you will undoubtedly be more beneficial as they will be able to look at the actual facts and the law as applied to the facts to determine whether (1) this would actually fall under the purview of medical malpractice and (2) whether your uncle has a viable case.
Good luck. I'm sorry to hear that your uncle was hurt in this fashion.
Will he be charged for man slaughter and go to jail even tho the accident was not his fault
The driver/parent should hire a criminal defense lawyer immediately. California Vehicle Code Section 27360 states:
(a) Except as provided in Section 27363, a parent, legal guardian, or driver who transports a child under eight years of age on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (c) of Section 27315, shall properly secure that child in a rear seat in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards.
(b) Except as provided in Section 27363, a parent, legal guardian, or driver who transports a child under two years of age on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (c) of Section 27315, shall properly secure the child in a rear-facing child passenger restraint system that meets applicable federal motor vehicle safety standards, unless the child weighs 40 or more pounds or is 40 or more inches tall. The child shall be secured in a manner that complies with the height and weight limits specified by the manufacturer of the child passenger restraint system.
(c) This section does not apply to a driver if the parent or legal guardian of the child is a passenger in the motor vehicle.
(d) This section shall become operative January 1, 2017.
This is a tough question to answer without further information. However, it is not unreasonable to believe that the authorities could charge the father with involuntary manslaughter for violating a statute which was designed to protect children of a certain age group. See below:
The offense of involuntary manslaughter requires proof that a human being was killed and that the killing was unlawful; a killing is “unlawful” if it occurs (1) during the commission of a misdemeanor inherently dangerous to human life, or (2) in the commission of an act ordinarily lawful but which involves a high risk of death or bodily harm, and which is done without due caution or circumspection. Cal. Penal Code § 192(b).See question
Was attacked and bitten 3 times by 5Rottweiler dogs while working on the owners property
In California, you have two years from the date of the dog attack/bite to file a lawsuit. This is pursuant to California Code of Civil Procedure Section 335.1 which states "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another."
You do not need to go to the hospital in order to pursue a case for injuries. However, your injuries need to be well documented on so many different levels including, but not limited to, by medical providers who have examined and treated you for the injuries sustained as a result of the dog bites/attack.
You are entitled to compensation for a wide range of damages including, but not limited to, physical injuries, scarring, pain, suffering, emotional distress, loss of earnings. Dog bite cases are difficult to pursue without an experienced attorney's guidance.
Hopefully the animal owners have homeowners or renters insurance (or commercial liability insurance if this happened at a business location).
Good luck.See question