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Ying Xu

Ying Xu’s Answers

113 total

  • Would a Personal injury lawyer be the way to go? My son's shoulder is still bothering him and he is not able to ride the bike.

    My 16 y/o son was riding his bike to school. He was wearing his helmet and the bike was new with all reflectors. He was in the right hand lane along the curb with many other students riding to school. He was struck and thrown from his bike in the ...

    Ying’s Answer

    Please seek legal help as soon as you can.

    From your description, your son has suffered a significant blunt trauma through no fault of his own. Because the liable party may or may not have sufficient insurance coverage to compensate him, you'll need the help of a sophisticated persona injury attorney to jump through all the hoops to make sure your son gets the best medical care he deserves, and receives a fair compensation for al the harms and losses that he suffers.

    I do not think your son can refuse an interview by a law enforcement officer at this time; however, I would be very cautious if anyone else (from an insurance company or elsewhere) wants to talk with him without an attorney present.

    Take care.

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  • Do I have a case for pain and suffering and if so from who.

    I was in an accident at work. On the check up a week after at the hospital an x Ray showed a fractured fibula. The doctor overlooked and said that my leg might hurt because of back injury and sent me home with no treatment. Went to workman's comp...

    Ying’s Answer

    A two-week delay in diagnosing a fracture is probably not actionable, especially if your initial injury-producing event did not point to the possibility of of a leg injury.

    How did you injure your back in the first place? Was it obvious that you could have hurt your leg in addition to the back? Doctors are not magicians. If you don't tell them HOW it happened, they cannot diagnose it.

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  • How much can I ask for a knee torn meniscus

    I was working on the freeway and I slipped and fell on the edge of the pavement and injured my knee ever since the injury I have problems with my knee. PT doesn't help me all it does makes my knee injury get worse.

    Ying’s Answer

    You need to find a good workers' compensation attorney ASAP to discuss your options.

    There are many variables that could affect the outcome of your case, do not delay. Good luck!

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  • Medical Malpractice or Personal Injury?

    I had a TLIF double Fusion in 2011, after a previous Dr cracked my spine during a Laminectomy / Discectomy in 2010. During my TLIF in 2011 the Dr rushed through surgery (1hour)and nicked or punctured my Dural. The Dr didn't catch it sent me home d...

    Ying’s Answer

    You seem to be aware of the "doctor error" long time ago, but haven't done anything about it.

    The law only gives you a limited amount of time to pursue a legal action. In your case the chance of recovery seems slim because more than 4 years have passed since you've discovered the "doctor error", and in California you must sue a doctor no later than a year after the discovery of a possible medical negligence.

    I am sorry to hear about your situation. You could still call a local medmal attorney and sit down with him to find out if there's any possibility of recovery, but don't count on it.

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  • Do I have any legal recourse?

    Someone created a craigslist personals ad describing me in a degrading way. They didn't use my name, number or photo but they described my physical attributes and they did not publish the post. They used my email so I would have to confirm to publ...

    Ying’s Answer

    In order for a lawsuit to go forward you'll need to have damages big enough to justify the costs and fees, among other things.

    Here you don't seem to have suffered any harm or loss, other than the thought "they want to get me".

    I would not recommend any legal action at this time especially since you don't seem to know the identity of the "someone".

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  • Grandpa injured in car accident. Need help. Thank you.

    His lawyer refuses to limit his medial records release to only 5-year prior related body parts injured without reasons (our request based on our prior experience). We feel that his lawyer's lazy, running his law firm by mass producing without ca...

    Ying’s Answer

    Your grandfather does not need to "fight" his lawyer. If he's not happy with him, fire him.
    Personal injury attorneys all work on contingency fee basis, those who are not willing to be a zealous advocate for his or her clients should not automatically get a third of the value of an injury victim's case just because he was the first lawyer to sign him up. Rights to privacy can be extremely important in personal injury cases involving an elderly person, this is especially true if the injured person has made certain statements without reviewing his own medical record. An honest person can be painted as a liar, a cheat and a fake if he said, without first having read his own medical record, that he "never" had X, or Y, in his life when his medical record contains multiple entries reflecting those conditions. This actually happens more often than you think, who hasn't had cold or flu, or diarrhea? When you're sick you could complain about a lot of things and feel nothing is right ... then you forgot about them and claim you "never" felt this way in your life.

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  • I wanted to know was this malpractice or not my baby got a bacterial blood infection cause he wasn't treated the right way

    He's in the hospital cause they say the other hospital didn't treat him with the right meds

    Ying’s Answer

    It could be, but you did not give enough information.

    Also, it is important to know that even assuming "the other hospital" did something wrong, the negligence alone may not justify a costly medical malpractice lawsuit.

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    I was at a stop sign on groschkee street waiting for traffic to slow down on highway 6 .When I was able to make the right turn on to highway 6 I got established on the lane and a ford truck coming toward high way hit me . I got injured and was ru...

    Ying’s Answer

    Yes, an experienced personal injury lawyer can probably help you straighten out liability and manage your medical care.

    Don't delay.

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