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frequently asked questions

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    Will the damages to my car be fixed even though I had a suspended California driver's license?

     

    Santa Barbara, CA |

     

    The woman rear ended me in Lancaster, there was no police report made and there were also no injuries. Both of us had insurance.

     

     

     

    Attorney Answer:

     

    If you got rear ended, the party at fault will be still liability for fixing your car even in the event of no valid insurance coverage on your end. Since both insurances were valid at the time of the collision, you should have no issues with fixing your car through the other driver's (at fault) insurance.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    Can I sue a nail salon for doing a really bad job on my nails and causing me pain?

     

    Fresno, CA |

     

    I went to a nail salon and the guy had put a blue French nail on when it was suppose to be black got mad when I told him to replace it and he sat outside for about 5 minutes came back with an attitude because he had to fix more of them well when I left every nail would hurt really bad I wanted to take them off they still hurt and its been a half a day can I sue them?

     

     

     

    Attorney Answer:

     

    I'm sorry to hear about your unprofessional and painful experience at a nail salon. You have some recourses if in fact you got injured because of their negligence.

     

    Besides posting appropriate reviews on their social media profiles to warn other innocent customers of their incompetency, complaining to the Better Business Bureau, complaining to their licensing authority, you can consider filing a lawsuit against them. But before you go that route, make sure "the juice is worth squeezing." Small claims is probably the type of a lawsuit you're thinking about. Even though it's technically an easier one to file and go through, it still requires your time, energy, resources, and evidence.

     

    To prove their negligence, you will need to establish certain elements, including duty on their part, breach, causation ("but for" rule), and damages. I can see you having difficulty proving damages, unless you have a doctor's report, medical treatment, and some real economic damages in support to your pain and suffering claim.

    I would consult a personal injury attorney to evaluate and outline all the options that are available for you in this case.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    Car accident: looking for lawyer.

     

    Los Angeles, CA |

     

    Does AAA Medical Payment count as a part of the settlement? My case value is estimated to be $50K which is being claimed under my AAA Uninsured Motorist Bodily Injury? AAA MedPay $10K has already been exhausted to pay medical bills. AAA told me I don't need to pay back $10K to them. Shopping for lawyer: one told me $10K is counted as part of $50K, but another said no? :( Can you help me with the answer?

     

     

     

    Attorney Answer:

     

    Look into your auto insurance policy, check your coverage, especially if you have a separate or cumulative MedPay and UM coverage. If your MedPay coverage is in excess of the other coverage, then you can benefit from it on top of your UM claim. It's not clear whether your UM policy is limited to $50,000 or you have larger policy limits. However, if your claim in aggregate is worth at least 60K, then you should be able to get that amount.

     

    I recommend you consult an auto accident attorney who can check your policy terms and tell you exactly what is going on.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    Hit and run question.

     

    Sacramento, CA |

     

    I parked my car in front of apartment (in a legal parking spot) and I walked out and my car was smashed like someone drove over the top of it (my car is a Honda Civic) I have uninsured moterast insurance but the insurance company said that since I don't have a license plate number I don't have a claim. Are they right? Or do I have a claim? Thanks.

     

     

     

    Attorney Answer:

     

    Check your auto insurance policy. Look at the declaration page to see if you have any applicable coverage to pay for your property damage. Look to see if you have a comprehensive and collision coverage. If you do, you are all set. That will take care of your property damage.

     

    If you don't have comprehensive and collision coverage, then look to see if you have a UM/PD coverage. For this particular type of coverage to kick in, a lot of times you need to prove that the car that hit yours is identified, but doesn't have a liability coverage. You may need to get police and the DMV involved. Look for eyewitnesses. It's possible that someone saw the accident. The way you described it, there must have been a lot of noise. If you do find an eye-witness, it can greatly benefit your case.

     

    I recommend you contact a car accident attorney to check into your insurance policy and coverage.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    Itemize all non-economic losses that you contend that you have incurred as a result of the incident that gives rise to this....

     

    Los Angeles, CA |

     

    Itemize all non-economic losses that you contend that you have incurred as a result of the incident that gives rise to this litigation. This is part of the interrogatories to plaintiff. I have no idea what a non economic loss is.

     

     

     

    Attorney Answer:

     

    Per California Civil Jury Instructions (CACI), 3905A.

    Physical Pain, Mental Suffering, and Emotional Distress (Non-Economic Damage)

    Past and future physical pain/ mental suffering/ loss of enjoyment of life/ disfigurement/ physical impairment/ inconvenience/ grief/ anxiety/ humiliation/ emotional distress and the kind of damages that you can't place a defined value on the injury.

     

    General damages (AKA noneconomic damages) are more subjective, more speculative compare to the economic losses. They account for the emotional or psychological ramifications of the injury, as well as the pain and suffering resulting from the injury. General damages are not easily measurable, and under California personal injury law, there is no standard damages values for various general damages issues (such as pain and suffering).

     

    You should considered the following elements in assessing your total general damages. It is not an exhaustive list. EMOTIONAL DISTRESS - This is quite a broad category and may include such feelings as embarrassment, public humiliation, anxiety, grief, anger, and more. PHYSICAL PAIN AND SUFFERING - physical pain and suffering. DISABILITY AND IMPAIRMENT EFFECTS ON YOUR QUALITY OF LIFE. LOSS OF GENERAL QUALITY OF LIFE. LOSS OF COMPANIONSHIP/CONSORTIUM - This is available as a damages claim for surviving family members (for example, a husband who loses his wife to an auto accident may be entitled to loss of consortium general damages).

     

    It is important to hire an experienced personal injury attorney to accurately evaluate and assess the value of your general damages and argue the same.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    Can an attorney claim to be my lawyer if I never agreed to that?

     

    Los Angeles, CA |

     

    A random woman (possibly a stalker in love with me) paid for a lawyer for me to represent me in a court matter that never happened without my consent but I don't want that lawyer and I never did. Can the lawyer still claim to be my attorney without my signature and agreement? He said yes he can! I am not disabled or anything! Some random thought I needed a lawyer and paid him. Crazy uh?

     

     

     

    Attorney Answer:

     

    If you didn't give the attorney your permission to handle a matter on your behalf, then the attorney had no right to represent you in the court of law. Even in the circumstances when someone other than yourself paid for his services. Modern Rules of Professional Conduct, Rule 1.7, paragraph on Interest of Person Paying for a Lawyer's Service specifically outlines this issue. A lawyer may be paid from a source other than the client, including a co-client, if the client is informed of that fact and consents and the arrangement does not compromise the lawyer's duty of loyalty or independent judgment to the client.

     

    So, if you didn't give the attorney your consent to represent you, then you may have a cause of action against that attorney assuming you suffered damages.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    How do I get my ins. co. to pay me the Under Insured $ on my policy from accident? Can I get more than the 10K difference?

     

    Yucca Valley, CA |

     

    Accident in 2011. Other's fault. Car totaled. His ins. paid $15,000. I got less than 2K. Too late, I understood my attorney went through only the most basic of efforts for the basic policy pay-out and retired 1 mo after my case. (Suspicious she had dementia, or simply didn't care). I have pain I still seek medical care for & don't do all that I can because I can't afford to. 5 days b4 filing deadline, I noticed my State Farm policy covered Under Insured for 10K. They have had me send "this paperwork" and "that paperwork" and photos and I don't believe they are ever going to conclude this and pay off the policy. They seem to want to determine if I legitimately "need" or "deserve" the $. I paid for my insurance, other guy was under insured, why won't they pay? Injuries from accident have made other problems worse.

     

     

     

    Attorney Answer:

     

    It seems as your insurance is just wasting your time with the additional "this and that" inquiries. Before you put more time into it, find out if you didn't blow the statute of limitations (SOL). If the SOL has passed, you are out of luck. You will not get anything in addition to your third party recovery.

     

    Consult an auto accident attorney who can looks through your papers and let you know for sure if you can recover anything under your insurance.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    Car rental insurance lawyer advice needed.

     

    Fresno, CA |

     

    I rented a car from a rental company through an online website. After the initial rental finalized I opted to continue the rental for several more weeks (done on a week by week basis). The first extension I was told to come in, which I did, I signed some papers going over the rental and specifically remembered that I requested and checked for rental insurance, they kept the original papers and gave me the carbon copies... Which I placed in the glove box, the 2nd week I called in to extend it and the 3rd or so extension I went in. During the 3rd extension the car was involved in an accident not sure if at fault comes into play (car was shot at and totaled while being chased by armed individuals). The following days and weeks my contact with the rental company had issues with my account, they couldn't find me in their system some personnel could others couldn't, and it depended on the department. Long story short, I am being told I didn't have rental insurance, that there are no documents, the pending charges on my credit card have vanished, they've told me my account went through the online agency and to talk to them because they don't know or having anything.

     

     

     

    Attorney Answer:

     

    Review your car rental contract/agreement. You should see if you had an additional collision coverage added to your contract. If that's the case, it's your proof of having applicable coverage and they should take care of your car. Also, look into your regular personal auto insurance (if you have one). You may have a rental car coverage there.

     

    I recommend you contact a car accident attorney to get your situation evaluated.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    What can a bike rider do?

     

    Chino, CA |

     

    A bike rider was riding on the street going the opposite of traffic . A car was coming out of a parking lot to turn left. The car was moving slowly out of the parking lot and was already sticking out into the street. This biker came out of nowhere, on the wrong side of the street, in the street, no sidewalks. The biker decides to go in front of the moving car and gets hit. Mostly the bike was hit and biker fell off bike. Driver gets out and helped biker get up. Biker kept insisting he was ok. Driver asked repeatedly if he needs help. Biker says, " no I'm ok". Then biker shakes drivers hand and rides off. No reports made. Bikers family then shows up 2 weeks later looking for driver. Driver tells family that biker left and refused help. Family insist for insurance. Driver says no, because it's now 2 weeks later. How does driver know this biker got hurt somewhere else and now trying to put blame? Can this biker now 2 weeks later do anything about the situation? Can bikers family enter building where driver works and keep harassing him to help? What options does this biker have 2 weeks later?

     

     

     

    Attorney Answer:

     

    You are obligated to exchange your information with the bicycle rider's family. Although it didn't look like a bicycle rider got injures, it seems to be the case since his family is after you. He probably just didn't realize it at the time. Most people under the stress of excitement (and a car accident is stressful!) can't accurately assess their condition until much later when the adrenaline wear off and injuries settle in.

     

    You need to exchange your information with the other driver (rider) - your driver’s license (your name, address, date of birth, driver’s license number and expiration date), vehicle registrations, and your auto insurance company (name, address, telephone numbers for your insurance company or agent and your car's registered owner - either you or someone else who the car is registered under).

     

    The rider has two years to assert a claim against you. So, two weeks is not that far along. If you decide to withhold your information from the rider and/or his family, they still can get it via DMV and/or police (by filing an accident report and maybe even claiming a hit-and-run). They definitely know who you are and where to find you. Just go through your auto insurance. It's much safer way to handle this matter.

     

    Since the rider was traveling on the street going the opposite of traffic, your should assert a defense of assumption of risk and comparative negligence. When your insurance investigates the circumstances of the accident, they may deny liability finding the rider at fault for the accident.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    Can I get my insurance company to pay more than the maximum of my uninsured motorist coverage?

     

    San Diego, CA |

     

    I was in a car accident where I was rear-ended at a red light. Other driver had minimum coverage and no other money or assets. I settled with other driver's insurance for their policy maximum which was $15,000, but my bills/injuries are worth more. So I went to my carrier under my UIM coverage which is $20,000. Now, my insurance has offered me $5,000 under my UIM coverage. The insurance rep said this was the max they could offer. I did some research and it looks like in California that my carrier only has to pay the DIFFERENCE between the value of my UIM coverage ($20K), and the coverage of the other driver ($15K). But is there any way to get my carrier to pay more because this still doesn't cover my bills/injuries. Or am I out of luck?

     

     

     

    Attorney Answer:

     

    Your research was accurate. In California, if the other driver has insurance but not enough to pay you fully for the value of your bodily injury claim, the benefits of your UIM coverage become available to you. Your UIM coverage will pay you the difference between what your bodily injury claim is fully worth and the policy limits you collected from the other insurance company (up to your policy's individual and/or aggregate coverage limits). At the end, you will be able to collect only additional $5,000 under your UIM coverage.

     

    Check if you have a MedPay coverage under your auto insurance policy. If you do, you may have additional funds available to you to cover medical expenses.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    How do I go about getting a refund on my deductible?

     

    Santa Ana, CA |

     

    I work for a state run mental hospital, i parked my car in the employee parking area, on one of those windy days a large branch or a large piece of the tree fell on top of my car, i called my insurance and was told that i would have to initially pay the deductible and that they would recover it as a refund for me once the car was fixed, i waited for my refund but instead i got a letter from my insurance telling me that because my car was parked on a public place the state was not liable, please help me clarify, was my place of employment a public place even though i worked there and had to park there, thank you in advance for any help.

     

     

     

    Attorney Answer:

     

    Since your insurance covered your car repair (minus the deductible), you had a comprehensive coverage on your auto insurance policy. Strong wind, storm and flying branches are considered to be an Act Of G-d, thus no one else is responsible for the loss, even though your car was parked on public property. BUT if you think the state was responsible for not maintaining properly or trimming the treas on their property, and the branch fell off because it was overgrown, then you might have a claim against the state.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    I was told by Tripple AAA Insurance, that I am at fault in my accident, because I rear ended a vehicle.

     

    Salinas, CA |

     

    Factors involved, the highway was wet from a brief rain and my breaks failed to work properly,

    Also, people were at a dead stop, after I switched lanes, I was in a blind spot. Did not see them

    until it was too late.

     

    I did see that everyone had moved to the far left lane. I quess there was tree trimming going on.

    I tried to angle my vehicle to the left by turning the steering wheel left, and heading towards the small lane for emergency vehicles, located next to the freeway divider.

    My 1997 (With new rebuilt engine) Jeep Wrangler due to the weight would not turn, and the breaks locked up. and I slid into the Ford Escape Van. The occupant immediately got out and said to the Officer (I had called 911) I am in a lot of pain my neck and back are hurt. My Jeep was a total wreck.

     

    The Ford Escape was able to leave and drive off, even the directional lights were working (I have pictures). I am now having my Insurance company dragging their heals to pay me and Blue Cross and Blue Shield my Insurance company asking for additionally money on top of my deductible.

     

    My bumper was entirely intact, it was the upper part of the jeep, that was damaged.

     

     

     

    Attorney Answer:

     

    Although traffic conditions changed suddenly, it's expected from all the drivers to reflect fast and adapt to the changes without hitting other vehicles. Rainy weather affects visibility and makes roads more slippery. Drivers need to leave more room between theirs and cars ahead of them to account for extra slippery condition. Driving slower is also an option to give yourself an extra time to reflect of the change in traffic flow.

     

    I'm sorry you have to deal with the unpleasant consequences of the accident, but you were correctly found at fault. The liability coverage of your auto insurance policy should cover the other driver's property damage and bodily injury claim. Hopefully, your limits will be sufficient for that.

     

    As to your own property damage and bodily injury claim, depending on your auto insurance coverage, you may or may not have an access to additional funds. If you have collision coverage, then your insurance will cover the damage to your vehicle minus your deductible. As to medical bills, you might be able to cover some of it if you have a MedPay coverage through your auto insurance.

    Medical insurances are notorious for not covering medical bills, referring to the fine print "on page 49" of your medical insurance coverage, claiming exclusions, out-of-network providers and such.

     

    Consult a personal injury attorney to evaluate if your auto insurance is responsible (there is an applicable coverage) for covering your medical bills related to the accident.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    How can my car insurance deny claim?

     

    Davis, CA |

     

    I have a 2014 honda civic under finance. Recently I was in an accident were I fell asleep behind wheel and hit the guard rail. My insurance company, progressive, is denying my claim saying I have comprehensive not collision. I dont see how this is possible given the car is under a loan and I was able to purchase the car with having this insurance.

     

     

     

    Attorney Answer:

     

    Check your auto insurance policy. On the declaration page you will see exactly what is covered under your policy. Just to be clear, comprehensive insurance is also known as "other than collision" insurance or "OTC." It covers damage done to your vehicle from things other than collisions, such as vandalism, disasters, theft, fire, impacts with animals, etc. Comprehensive does not cover any damage as a result of a collision.

     

    As far as your auto loan goes, most lending institutions require insurance in general to cover the potential costs in the event of an accident. If you total a car, you are unlikely to continue making payments of that car. Lending institutions at a minimum require liability coverage be purchased for your vehicle to cover the costs associated with an accident. This type of coverage covers property damage and bodily injury claims of other drivers should you be at fault. Sometimes this is the only type of coverage that is required! Other types of coverage like comprehensive and collision is also important to help to deflect the costs associated with an accident. These forms are not necessary in order to acquire the loan, however it could be a worthwhile investment in the situation like yours.

     

    If you discussed having comprehensive and collision coverage with your auto insurance agent (especially if you have written communication like emails between the two of you) and, without knowing, you didn't get it, then you might have a claim against your auto insurance agent for negligence.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    Can I sue an individual for the total loss of our vehicle?

     

    Vista, CA |

     

    Driver was not paying attention and rear-ended us while at a stop sign. Children and I okay, didn't go to hospital although wife had pain, because we don't have insurance (lost job 2 months ago). Frankly, we were stupid and didn't know how to handle costs. Guy tried to convince us not to take insurance info.

     

    After claim, car deemed total loss. We will still owe after payout but that was our only form of transportation. Wife's job has no acess to public transportation. Father in law cosigned- worried about his credit, no money for downpayment on a second car. Can we sue to individual?

     

     

     

    Attorney Answer:

     

    Make sure a driver-at-fault insurance accepts full liability for the accident as they rear-ended your vehicle due to inattentive driving. Party at fault will be liable for property damage and bodily injuries. PROPERTY DAMAGE CLAIM: the other driver's insurance should cover fair market value of your vehicle and associated property damage expenses you incurred (such as storage fees, towing, loss of use and such). BODILY INJURY CLAIM: you should at least get a fair and just compensation for your wife's bodily injury claim. It sounds like she got injured as a result of the accident and had associated expenses. You can recover general and special damages to compensate for all the losses. I can clearly see you have at least medical expenses, out-of-pocket expenses, loss of earning capacity, and pain and suffering. You may have other applicable components of the bodily injury claim. You should consult a personal injury attorney to assist you with evaluating and representing your case if you want to get a fair compensation.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    What happens if it turned out to be a hit-and-run case. Is that traffic or criminal?

     

    Champaign, IL |

     

    I hit a car and forgot to report.

     

     

     

    Attorney Answer:

     

    It's going to be a criminal offence.

    You should consult local criminal attorney to make sure you get professional help.

    Hit-and-run may affect your driving privileges.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    Can i ask for compensation for a replacement vehicle?

     

    Monterey Park, CA |

     

    I was in a car accident on July 10 2016. My car was totaled. It was a 2015 model. It was determined to be the other parties fault. I feel i am entitled to be made whole. Meaning i need another vehicle. I am not asking for an absurd amount. The insurance company says it is not covered under property damage. What are my options?

     

     

     

    Attorney Answer:

     

    A driver-at fault insurance should offer your a fair market value of your vehicle at the time of loss. You can cross reference some resources like Kelley Blue Book and Carmax to see if they offer you a fair amount for your car. If they are low-balling and not offering you a fair amount, you can try to negotiate that by showing higher prices for comparable vehicles.

     

    If all of that fails, filing a lawsuit is also an option. But definitely try to negotiate with the insurance first.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    When your truck&trailer are parked on a public street & your insur. has expired & a car hits u with major damage do they pay you?

     

    El Monte, CA |

     

    my truck&trailer were parked legally on a public street.Facing Westbound.A driver traveling in the same direction hit my truck &trailer smashing it real bad.I was not in the truck at that time.I was afoot.I did not realize it at the time had lapsed.However the driver said he was insured.Since that time I have renewed my policyand now am insured once again.even though I was an unisured motorist at the time of the accident am I still covered by his insurance?

     

     

     

    Attorney Answer:

     

    You should open a claim with a driver-at-fault insurance. In California when someone else is at fault for your car damage, the fact that your own vehicle was not insured at the time of the accident will not prevent you from getting property damage covered.

     

    Just FYI, if you were to have a bodily injury claim against a driver at fault while your own insurance was invalid at the time of the accident, you would have issues there...

     

    California Prop 213 prevents drivers injured in a car accident from obtaining damages for their pain and suffering even when the accident was not their fault if they lack car insurance or the car they were driving was not covered by insurance.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    I bought my daughter a MP3 player for Easter we want to go charge it and it started smoking and burnt my hand.

     

    Tehachapi, CA |

     

    So I contacted their products maker emetics and they basically are calling me a liar even know I have hospital documentation and was prescribed medication they are trying to give me a new product which I don't want I want them to reimburse me for pain and suffering.

     

     

     

    Attorney Answer:

     

    It's sad to see that even though you got injured due a defect in the product, their insurance is not taking you seriously and brushing you off. To put it simply, it's just a business for them (and they are in the business of making money!). Now and again I've seen them doing it to discourage unrepresented claimants from pursuing their claims. If you're looking to get compensated for your losses, you may want to talk to a personal injury attorney to get your case evaluated and represented. When you get a legal representative on board, your claim will be escalated and the insurance will actually start paying attention to your case.

     

    Meanwhile, you should think and gather all the evidence of you getting injured by that particular product - eye witness(es), the MP3 player itself, and any other evidence you might think can prove the connection between the product defect and your injuries.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    Do I have a case? or should I pay deductible?

     

    El Monte, CA |

     

    it was a small accident my girlfriend was driving but was not injured, the other driver ran a red light causing the accident and we have a witness. now the other driver is saying it was our fault so neither insurance company wants to take full responsibility and wont cover our full cost for fixing the car for 2,600. Before we give in and pay the 1000 dollar deductible to get it fixed should we see if we have a case?

     

     

     

    Attorney Answer:

     

    Sounds like this is a red light dispute case and insurances took 50% - 50% liability position. That explains why the other driver's insurance refuses to cover the full extent of your property damage claim ( probably just the 50 percent of it).

    However, I'm not clear what happened with the witness' statement. Assuming you had an independent witness, insurances should have taken his/her statement into consideration when they investigated who was responsible for the accident. Usually, when an independent witnesses testify in one party's favor, that party prevails.

     

    If witness wasn't convincing or didn't have his/her facts straight, then you're stuck with whatever coverage you have under the term of your own auto insurance policy. If your deductible is $1,000 and the other party is 50% at fault, you may ask the other party to reimburse you the half of it. But then you (and your insurance) may be responsible for 50% of the other vehicle property damage. It makes sense to contemplate only if the other car had barely a scratch (nothing substantial).

     

    Make sure your car is getting fixed at a body shop YOU trust. Talk to the body shop and make sure everything is fixed properly.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    Should I file a malpractice lawsuit?

     

    Waynesboro, TN |

     

    I went to an urgent care clinic in major pain twice and they weren't concerned with my pain just my blood sugar and diagnosed me.I went back a few days in even more excruciating paid than before with still no care. I live in a small town and after another weak of unbearable pain and had to drive myself and hour away to an emergency room and because of the lack of care from the clinic I had to have an emergency surgery because if not i could die any moment if not and i had to stay in the hospital for a week along with the surgery. Should I sue the clinic for malpractice and not caring for the problem that almost killed me?

     

     

     

    Attorney Answer:

     

    If in fact the urgent care facility you visited twice didn't provide appropriate and necessary care and as a result you suffered an excruciating pain (for at least two weeks) and your condition was life threatening, then you might have a case. Medical doctors and other medical professionals must perform their work in a way that complies with an acceptable standard of care for their profession and specialty. When a medical professional acts or fails to act in a particular way, and thus breaches the accepted standard of care, it may be considered medical malpractice. Among other reasons, the following could be applicable in your case - you were injured in a way that could not have happened if correct procedures had been followed, OR a doctor provided a substandard or unaccepted treatment, OR safety procedures were not followed. You should consult a local MedMal attorney to evaluate and assist you with your potential case.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    Can you file separate lawsuits for personal injury and property damage in California?

     

    Belmont, CA |

     

    My wife and I were in an accident and my wife was pregnant at that time. The at-fault party insurance company has accepted the liability, but is not willing to pay up the amounts. I have a diminished value claim that I am trying to file via small claims court. My wife has a larger personal injury claim which she wants to file at a later time after she has completely recovered.

     

    Can I deal with the diminished value claim via small claims court myself, and later hire a lawyer for the personal injury lawsuit for my wife?

     

     

     

    Attorney answer

     

    Property damage and bodily injury are two separate claims and as such can be handled separately. If you're entertaining an idea of handling a PD claim in small claims court, be aware of limitations on recovery - $7,500 in car accident cases. Bodily injury claims should be settled or filed with a court within the statute of limitations (SOL). General SOL in personal injury case like this - 2 years. BUT keep in mind, there are different statutes that may be applicable in your case. For example, if the driver-at-fault is a government employee, then the SOL could be as little as 6 months. Consult with the personal injury attorney to make sure you know the SOL applicable and all the options how to handle it going forward.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    Patient's records subpoenaed; the doctor then called as a court material witness. Is there any protection for the patient?

     

    Sacramento, CA |

     

    A doctor who I saw one time for treatment was subpoenaed to give my patient records for a court proceeding over a family support issue. The doctor was then called into the trial as a material witness. He read directly from my patient records on the witness stand. Then the opposing attorney asked several questions to help fortify her case and the doctor then stated several false statements prefacing with, "If I had to speculate, I would say..." He went on state several untruths which tainted the judge's decision.  She noted his speculations in her footnotes which indicate that she was in fact influenced by his false narrative. Is there any protection for a patient where a doctor stands before the court and speculates on a situation. The doctor's specific false statements are in the court transcripts. The final order of this court case is still pending. Does filing a complaint with the AMA or HIPAA do anything? Would it have any bearing on this case?

     

     

     

    Attorney Answer:

     

    Treating doctor can definitely be called/subpoenaed to be a witness when patient's diagnoses or treatment is at issue in the case. It's not AMA or HIPAA issue. In California the standard used by expert witnesses to express ideas in court is based on at least a 51% probability. So, a testifying medical doctor, for example should base his/her decision of a REASONABLE DEGREE OF MEDICAL CERTAINTY, and not on a speculation. If you believe that the standard in your case was below the required lever, your attorney should file a motion to strike to eliminate all or a part of the witness's testimony.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    Why isn't the person who slammed breaks responsible for my car damaged?

     

    Oceanside, CA |

     

    My boyfriend dropped me of at work and the lady in the front saw duck and her ducklings and slammed her breaks causing my boyfriend to break behind her and the back car rear ending my car. I do not have my bf in my policy since he does not drive often but I have full coverage from my understanding since its a 2017. My car out of the 3 got destroyed and apparently the lady who caused the accident is not responsible for my car why? If she didn't slam the breaks my car would have been fine, it happened in an intersection with a green light. My insurance took 12 days to get back to me and since they took long to get back to me now I have to pay for 12 days for my car being in a shop since they just told me my insurance doesn't cover it. 12 days when I tried calling everyday to find out what to do? Please help I need to understand.

     

     

     

    Attorney Answer:

     

    I see how this situation is frustrating and seems quite unfair to you. Emotions aside, this case is clear. The traffic rules in California are pretty straight forward when it comes to similar situations with sudden changes in the traffic flow when drivers need to react instantaneously. Sometimes it's going to be breaking hard or swerving or something else that is equally unexpected by the following behind drivers.

     

    Every driver needs to watch for hazards by looking beyond the vehicle ahead of him/her. Sudden changes in traffic conditions not only possible but likely. It's important to be prepared for rapid changes in road conditions and traffic flow.

     

    I'm not sure if it was the case here, but many drivers tend to drive to closely (tailgate) and are not able to see as far ahead as they should because the vehicle ahead blocks their view. The more space you allow between your vehicle and the vehicle ahead, the more time you will have to recognize and avoid a hazard.

     

    But leaving extra space between your and the car ahead gives you more time to react to the changes in traffic flow.

    California Driver Handbook advises drivers to use the “3 second rule”: when the vehicle ahead of you passes a certain point, such as a sign, count “one-thousand-one, one-thousand-two, one-thousand-three.” This takes approximately 3 seconds. If you pass the same point before you finish counting, you are following too closely.

     

    The magnitude of a hazard on the road (the way driver sees it) is a factor. If, for example the woman ahead of your boyfriend's slammed on the breaks because for the argument sake "the voices in her head told her to do so," then, you could argue her decision was unreasonable. However, in this case woman's decision and reaction to the changed road condition was reasonable. What if a kid darted onto the road and attempted to cross in front of the same lady? I think you would agree, she would have the right (if not an obligation) to slam on those brakes as fast and hard as humanly possible.

     

    If you have liability coverage only (and no collision coverage), then your insurance won't cover your losses. But try to negotiate the storage fee bill from the body shop explaining the situation. They may be willing to work with you and reduce the bill.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    I walked away from being hit by a car on my bicycle. I didn't feel the need to call an ambulance or the police. Can I still file?

     

    Fullerton, CA |

     

    Sunday I was hit by a car on my bicycle definitely the driver's fault the driver was Hispanic and didn't speak English the witness did all the talking I said I was okay I was in shock but I was limping and I can walk I didn't feel the need for an ambulance or the police so they try to figure something out they just made me crazy because I could not understand them what you want to do they wanted to know if I wanted to call the police but I said no they would not give me any information so I walked home this is 3 days later and I'm pretty banged up and bruised all over and I've got a huge huge bruise on my upper thigh and it's very very sore in my very very swollen I'm looking to go to the urgent care today. Is it the wrong thing to do or should i even go and do I have a case being that I left the scene.

     

     

     

    Attorney Answer:

     

    Sounds like you got injured in the accident. You should try to find the driver at fault. If you have witness' contact, call him/her immediately and see if they have the other driver's information.

     

    You can also check the street where it happened to see if there are any video cameras around that could have recorded the accident (on the street, local businesses, etc.). Did you or the witness take any photos at the scene? You can find the other driver's information through the DMV, but you need at least the other vehicle's description and the license plate number. Also, you may want to file a police report, since the other driver didn't exchange (provided by law) his information with you (such as his name, Dr Lic and insurance information). It may qualify as a "hit and run" (which is a criminal offence). Police will step in and investigate the accident. Hopefully, they will be successful in identifying the other party.

     

    You should definitely pursue the case as it sounds like you've got real injuries and need medical attention. Try to find a liable party to get compensated for your loss.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    What can I do when someone I didnt know was driving my vehicle, totaled it and another one also left accident?

     

    Tampa, FL |

     

    I loaned my father my truck he allowed someone to drive it supposedly to the store 2 miles away. She decided to take it out of town, hit another vehicle totaling both my truck and the other vehicle. She then left the scene drove 15 miles down the interstate, abandoned the vehicle on side on road, was arrested for driving with no valid dl and leaving the scene of an accident. Im unsure of whats happening and what i can do to protect myself. I never gave the lady permisson to drive my vehicle nor would i ever have given her permisson to drive it. My father was working on what he thought to be her vehicle and she just asked if she could go literally not even 2 miles to the convienent store. Someone please help what am i supposed to do now?

     

     

     

    Attorney Answer:

     

    Hopefully you had a valid liability insurance coverage for the truck at the time of the accident. Inform your insurance carrier about the accident and they will conduct the investigation of the facts of the case. They will look into the issue of "permissive use." Your dad had the truck with your permission. It doesn't look like there is no problem there. However, whether or not your dad had the right to lend your truck to someone else and whether the insurance will accept the liability for the accident has to be investigated further. You might find some answers in your auto insurance policy.

     

    Work with your insurance to make sure you're not personally exposed to financial responsibility for the loss.

     

    To protect yourself, I encourage you consult with a personal injury lawyer who handles insurance and property damage cases. All pieces of the puzzle have to be put together to see a clear picture in this case.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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    I have used a hair product that caused me to have hives all over and go to the ER. Do I have a case?

     

    Madison, WI |

     

    After I used a hair product, It gave me hives and swelling. After urgent care, I had to go to the ER since my face, and eyelashes, tongue were swelling. The ER Dr. believed that was caused by that hair product.

     

     

     

    Attorney Answer:

     

    You may have a case. But your will need to be able to prove some key elements, like liability, causation and injuries.

    Did someone/something outside of your control caused the injuries?

    Is there a direct causation between the hair product you've used and your allergic reaction to it? Look for the disclaimer/information about that hair product. Is there any warning about possible side effects? If so, you may deal with the assumption of risk issue.

     

    Did the ER doctor specify in his written report that your injuries were directly caused by the use of that particular hair product? Is the doctor qualified to make that determination? If the ER doctor just mentioned it to you, but it won't appear on his/her report, it will be difficult to prove later.

     

    Although very unpleasant, your damages (lucky for you!) don't look life threatening, long lasting or permanent. It's going to be a tough fight. Before deciding to file a claim, make sure "the juice is worth squeezing."

    I encourage you discuss this issue with a personal injury attorney who can evaluate and assist you in handling your potential case.

     

    Natalie A. Bausch, Esq.

    BAUSCH LAW GROUP

     

     

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Santa Monica Personal Injury Attorney | Accident Lawyer | Bausch Law Group

Santa Monica Personal Injury Attorney | Accident Lawyer | Bausch Law Group

Santa Monica Personal Injury Attorney | Accident Lawyer | Bausch Law Group