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In CA, I countersued for my deductible and car rental exp in small claim &won. Does it mean I can't sue for personal injury now?
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Answered on June 08, 2015
The rule that lawyer referred to does not apply in Small Claims Court, under CCP 426.60(b). You can still file a personal injury action, as long...
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Explanation of causation and proximate cause in a fatal automobile accident.
which driver is at fault of the fatality?
David's answer
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Answered on June 08, 2015
This is a tough question, with alot of blame (and fault) to assign to both drivers here. If you ask twelve people you will get twelve different...
I rear ended someone, am I 100% at fault or is it 50/50?
David's answer
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Answered on June 05, 2015
In all honesty I think you are engaging in magical thinking if you believe the truck driver has any fault here. It was your job to avoid a...
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In a car accident, why is it viewed as the fault of the trailing car, if there is a collision?
David's answer
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Answered on June 03, 2015
The general presumption is that the trailing driver is at fault because he or she has a duty to follow at a safe distance and stop for obstacles. ...
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Being sued in small claims for collision damage in excess of actual damage
David's answer
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Answered on June 03, 2015
Short answer is no: your arguments are not a basis for dismissal but rather points to be made to reduce their claim. They don't have to have the...
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Violation of my 4th & 14th amendment rights/Do I have a case against the SW, sherrif, county, CPS?
David's answer
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Answered on June 02, 2015
The standard for liability here is very high and most likely difficult to meet if they were acting on a report that appeared to them to be...
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Friend borrowed my car. She was hit, my car totalled. At fault driver has suspended license.
David's answer
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Answered on June 01, 2015
You say the other driver had a suspended license. That does not necessarily mean he or she did not have insurnace, but if your friend's lawyer is...
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My 21yr old daughter was killed while walking in an unsafe crosswalk..The City agrees to settle. But...
David's answer
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Answered on May 28, 2015
You have a claim if, and only if, you were dependent on your daughter for support. I assume the attorney discussed this issue with you, but if...
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How do I proceed to file an claim against someone who skied into me causing me substantial injuries?
David's answer
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Answered on May 27, 2015
You will be best off retaining an attorney to examine the facts and pursue a claim, but a word of caution - it may be difficult to collect damages...
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My case is going to court. Who is responsible for the fee involved? I'm being asked to pay the amount by my attorney.
David's answer
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Answered on May 26, 2015
Normally attorneys advance case costs like filing fees and collect them out of the recovery, but your fee agreement with your attorney should...