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David Vincent Hiden
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David Hiden’s Answers

237 total


  • Can i get more money from drunk driver hitting my salvaged title car since insurance company will only give me a small amount?

    Drink driver just hit my car and two others on the street while they were parked. No one was injured. My problem is my car has a salvaged title, but i don't have payments on it and it had low mileage and it's good condition. I paid $6000 and i...

    David’s Answer

    Attorney Michael Berenstein's analysis is correct for Ca. as well and I endorse it wholeheartedly. If another driver is drunk, that fact would come into play for punitive damages only, not a property damage / non injury car claim. All of your emotional claims, although unfortunate, would most likely be rejected by a jury given no physical injuries in this claim. I would suggest taking the matter to Small Claims Court as long as you have a separate place like CarMax who has issued a written appraisal. That way you don't need an attorney and can argue your claim to a neutral judge - the other side cannot have an attorney either so the playing field is level. Good luck.

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  • Is this a serious case, and what is the maximum penalty? What kind of lawyer do we need? Do you have a good one to refer to us?

    Hi, In February 2015, the home land security came to my store and my house to search for counterfeit items, they seized items that they estimated around a little bid less than $25.000, there was no arrest at the time. They handed to us a le...

    David’s Answer

    In addition to a criminal attorney, I would suggest a business law attorney who also handles tax issues, as these types of cases usually involve all or most of those three areas of law. And yes, it is serious. Very serious. Especially since they appear to be going after your company and principles meaning your LLP, INC. or other type of corporate structure may not protect the individuals at the top from liability, arrest or fines.

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  • I don't know what my rights are. I've been burned before. Can I fire her or will I have to pay unemployment?

    I have a small service business and the phone girl has been with me about 5 months. She use to do great work and I promoted her to office manager about a month ago. In the past couple weeks everything changed. She tells me what she feels like doin...

    David’s Answer

    Document everything. Give her one final write up for insubordination, not coming to work and all the other violations you mentioned as well as what is expected of her. If an employee refuses to come into work for no good reason, you can send them an email or letter demanding they show up or be fired for job abandonment. You have other rights too but it is hard to explain them all in this limited forum. Give any attorney who handles employment law defense a call. Good luck.

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  • How can you prove sexual harassment/racial jokes from your employer? Do i have a claim?

    The whole staff is considered witness to the sexual stuff my boss talks about, the way he makes fun of me and my race. it's true i laugh and go along with it, but what am i supposed to do? scared to jeopardize my job. He comments that i touch my...

    David’s Answer

    Your own testimony and that of your office employees are one sort of proof. The written letter about you being a "dummy" is another. Keep copies of all evidence, even any texts or emails your boss sends you in case you need it later. It is not surprising nor unique that you are "going along with it" b/c you are afraid to lose your job, as many people are in that same position. Talk to a good employment attorney asap to discuss your case b/c on the face of it, it sounds like you have a decent one.

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  • If I am terminated or reinstated am I entitled to the month of lost wages?

    Ca. Hourly, no collective bargaining, no contract. I had a heated conversation with a coworker. One witness who supports my side. I mentioned it to a supervisor but didn't push it. My coworker filed a complaint against me. A week later I was suspe...

    David’s Answer

    Under these facts, it is doubtful that the EDD will ultimately deny unemployment benefits if you go that route. Additionally, I don't see any facts to support your entitlement to a month of lost wages while they are investigating the matter.

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  • Can a male superior threaten a female subordinate job behind close doors and say it's a matter of time I'm coming after your jo

    My wife is a store manager at Vons . She is constantly being told she is not doing a good job yet her numbers are compatible with other store managers . She has received achievement bonus as well

    David’s Answer

    I agree with the other attorneys but would add it might be considered harassment if there are other facts present which you have not detailed her. "Might" be the key word however, as you also have to prove motive and other factors to have a winning case. If you wife is a member of UFCW or the union there, she should grieve this issue immediately through her union. I would recommend she also talk to this male employee's superior and bring it to their attention in hopes that this guy will back off. Last, if she has any medical issues that they know of that might be affecting her job, that could be an ADA violation. These areas of law are tricky and she should talk to an experienced employment law attorney immediately.

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  • What do i need to do to prove it was a work related accident? It was a company car, we were driving to work to pickup our cars.

    We were returning from a job site survey back to the shop to return work vehicle, half way there a drunk driver rear-ended us totaling her car. Her car insurance had bear minimum, and workers comp has been determined to say it was not a work indus...

    David’s Answer

    Given you were returning to work from a job site survey, you will definitely qualify as the exception to the "going / coming to - from home / work" rule. This argument will not be an easy one to make but should be successful if you hire any attorney who is good at worker's compensation. You are being ignored b/c you don't have an advocate on your side. You need to contact a wc attorney immediately and preferably one that handles personal injury as well, as you have both claims, which will affect lien and credit rights for your worker's compensation case when the PI case settles. Good luck.

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  • Can I sue a restaurant?

    I was eating at a restaurant and eating was chicken but it was suppose to be boneless chicken but as I bit in the the chicken I broke 2 teeth. It had a Bone. The owner said it was the food processing company fault not his . But working in the food...

    David’s Answer

    The law in the food processing industry is heavily dependent on the facts of each given case. There is, presumably, going to be some "foreign" matter in any meat item, which is unavoidable. Basically, the case depends on how big the bone is and how the food was prepared. My gut is your mother in law has a case but I"m most sure if she needs an attorney. I would have her obtain a written estimate from a reputable dentist detailing the cost of repair and what would go into the dental work and submit to the owner and his / her insurance company (the private one is ok for now) and see what they do. Odds are they will probably pay it. If not, talk to any attorney, including ours, who handles these matters on a contingency fee basis meaning no money up front. Hiring an attorney or taking the matter to Small Claims, where the jurisdictional limit is $10,000.00 are your best options. Before you do anything, have your mother call us or any personal injury firm of your choice for a free consultation. Good luck. Dave Hiden 619.296.5884

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  • I drive taxi, the taxi company only carries liability insurance.A driver turned left in front , nobody else was in my car.

    on Sept 29th, 2015. The other driver was 100% at fault, he turned left in front of me where it was illegal to do so. My car received all the impact and his brand new 2016 chevy truck had hardly an damage. I went to the emergency room on my own suf...

    David’s Answer

    You have several types of cases: 1) a personal injury case against the driver who hit you; 2) a worker's compensation case with your employer and 3) a potential class action civil case against your employer outside the worker's compensation case due to not notifying you of the "business use exclusion" clause in your personal insurance policy that probably negates coverage. We handle all three of these areas and would be glad to offer more advice but we need more facts. These are very time sensitive issues so you should contact us or other counsel asap. Good Luck. Dave Hiden

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  • I have been suspended from a security position, with no knowledge of why.

    security guard

    David’s Answer

    Unfortunately, you give very little information which hampers my ability to respond to you. Call your supervisor or HR person and ask why you were suspended as employees don't just get "suspended" without reason. A "security" position could mean a lot of things: securities, law enforcement, private security, etc..but not sure what you do. Call any attorney who handles employment law like our firm or another AVVO rated office for additional information. Do not quit your job though - you will waive your rights to unemployment if you are terminated. If you are a union member, get ahold of your union immediately. Good luck.

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