The Karlinlaw Free Legal Information Blog

Free California Legal Information for educational discussions with California Attorneys. Not for use by non-lawyers. These are examples of Real Estate, Business, and other matters unikely have any application to any other matters or cases. For California Real Estate Attorneys and Lawyers, California Business Broker Lawyers and Attorneys, and Personal Escrow and Business and Accident Lawyers. We are linked to www.Karlinlaw.com Contact: info@karlinlaw.com tel number 714-731-3283

ADA - Defending Lawsuits regarding Disability and Handicapped Access

ADA Law

Frequently Asked Questions

Q: Why should I hire an attorney?

A: An ADA attorney can provide advice on the correct repairs and modifications necessary to resolve the matter in a timely fashion. On the one hand, doing too much is a waste of money; on the other hand, not doing enough subjects the client to future lawsuits. In addition, an ADA lawyer will likely save you thousands of dollars in obtaining discounts for early action/modification, thousands of dollars in unnecessary court costs, thousands of dollars by getting the best negotiated settlement if a settlement is required, and thousands of dollars by avoiding mistakes in settlement agreements. These savings, taken together, can amount to tens of thousands of dollars.

Q: Does it matter if the law firm is not located close to my property?

A: No. Most ADA matters can be resolved without personally meeting with the attorney, so we can handle matters throughout southern California.

Q: When should I contact an ADA attorney?

A: You should contact an attorney once you have been served with a lawsuit, or as a precautionary measure, if you are being threatened with a lawsuit. The ADA attorney ensures the correct timing. This can save clients thousands of dollars in penalties. Some penalties can be reduced or eliminated is the modifications are completed within a certain time.

Q: What if it has been weeks since I was served with the lawsuit?

A: You should contact an ADA attorney immediately, as the attorney may be able to obtain, and properly document, a court extension of time to file an answer with the Court. This can save you thousands of dollars in unnecessary court and litigation costs. Whereas, a delay in responding to the lawsuit could result in a loss of your rights.

Q: Will I have to defend the lawsuit in court?

A: Our ADA attorneys almost always obtain a settlementwithout our clients having to go to court. We have negotiated with almost all of the Plaintiff's law firms, avoiding litigation and the costs associated with it. We have a very good idea of the "bottom line," and can usually getthe best settlement, saving our clients thousands of dollars.

Q: Why shouldn't I settle the matter on my own?

A: An experienced ADA attorney will be in the best position to get the best settlement, sometimes with no payment to the Plaintiff. Moreover, once an agreement has been reached, as part of our services, our ADA attorneyswill review and modify the ADA Settlement Agreement, as necessary. If the Settlement Agreement is not properly worded, the client may be faced with future litigation expenses for an alleged breach of the ADA Settlement Agreement, costing the client thousands of dollars.

Q: How can I avoid future ADA compliance issues?

A: An ADA attorney can provide general advice, if requested, regarding the need to update lease agreements, and in ways to keep your property in compliance. This will ensure that all interested parties share the appropriate costs of ADA compliance in the future consistent with their rights under the lease, and also that the landlord is in compliance with the new ADA disclosures now required in commercial leases.

Example of 60 day NOTICE OF TERMINATION OF TENANCY

Lease - Landlord Tenant - Example of 60 day NOTICE OF TERMINATION OF TENANCY

NOTICE OF TERMINATION OF TENANCY

(use for residential tenants who have been in possession for one year or more)

TO:

NOTICE IS HEREBY GIVEN that, within sixty days after service on you of this Notice, you are required to quit and deliver up possession of the above-described premises to the undersigned in accordance with the provisions of California Code of Civil Procedure Section 1162 or legal proceedings will be commenced against you to recover possession of said premises and damages.

This Notice is given pursuant to the provisions of Section 789 and 1946 of the California Civil Code for the purpose of terminating your tenancy of said premises as of sixty days after service on you of this Notice.

Dated: LAW OFFICES OF L. SCOTT KARLIN

By: __________________________

L. SCOTT KARLIN

Attorney for

PARTITION COMPLAINT (SAMPLE) - RE CO-OWNER DISPUTE AND FORCED SALE OF REAL ESTATE

What follows is a some free legal information regarding the above titled matter for educational and discussion purposes only. This is not to be used in all matters or cases, and each matter or case is different. What follows is for discussion purposes only and should not be used in any particular matter or case. It is an example from what has been used in another matter or case, and will like not apply to someone else's matter or case.

L. Scott Karlin, Esq.
LAW OFFICES OF L. SCOTT KARLIN
13522 Newport Avenue
Suite 201
Tustin, California 92780
(714) 731-3283
Attorney Bar No: 90605

Attorney for Plaintiff BILL SAMPLE1 ------- SAMPLE COMPLAINT

SUPERIOR COURT STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER

THIS IS A SAMPLE COMPLAINT AND PARTITION REGARDING A CO OWNER DISPUTE WHERE ONE OWNER WANTS TO SELL THE PROPERTY AND THE OTHER DOES NOT AND WHERE THERE MAY BE ACCOUNTING FOR RENTS, IMPROVEMENTS, REPAIRS, TAXES, AND OTHER ISSUES BETWEEN THE CO-OWNERS, WHICH MAY BE TENANTS IN COMMON, JOINT TENANTS, OR HAVE SOME OTHER RELATIONSHIP

COMPLAINT FOR PARTITION
OF REAL PROPERTY,
ACCOUNTING,
AND BREACH OF FIDUCIARY
DUTY AND CONVERSION;
CONVEYANCE OF PROPERTY

BILL SAMPLE1

vs.

GARY SAMPLE12; CONSTANCE J. SAMPLE13, )
TRUSTEE OF THE CONSTANCE )
SAMPLE13 TRUST; GARY M. SAMPLE114 and )
ROBIN SAMPLE115 SAMPLE114, TRUSTEES OF )
THE SAMPLE114 FAMILY TRUST, JANE )
SAMPLE11, and DOES 1-50, Inclusive and ALL )
PERSONS UNKNOWN CLAIMING AN )
INTEREST IN THE PROPERTY, )
Defendants. )

Plaintiff, BILL SAMPLE11 alleges:
FIRST CAUSE OF ACTION
(For Partition Against All Parties)
1. Defendant GARY SAMPLE112 is a resident of, and is conducting business in Orange County, California.
2. Plaintiff does not know the true names and capacities of the Defendants sued as DOES 1 through 50, Inclusive, and will amend this Complaint to allege their true names and capacities when ascertained.
3. Plaintiff is informed and believes and thereon alleges that each Defendant, including the DOE Defendants (collectively "Defendants"), claims an interest in the Real Property described below and is jointly and severally responsible for each act, commission, and event as well as the resulting damages, alleged in this Complaint. Any reference to a named Defendant shall include the DOE Defendants, jointly and severally.
4. Plaintiff is informed and believes and thereon alleges that each of the Defendants were the principal, agent, servant, employee, partner, and/or representative of their co-defendants; that each of the Defendants acted within the course and scope of such relationship in committing the alleged acts and omissions; and that each of the Defendants were negligent in entering into such relationship.
5. The subject of this action is Real Property located in Orange County, California, approximately 29 acres on Harding Canyon Road in Modjeska Canyon, County of Orange, State of California more particularly described in Exhibit "A". (Hereinafter referred to as the "Real Property".)
6. Plaintiff is an owner of an undivided parcel of land whose vested title is Twenty-Five Percent (25%) joint tenancy, tenant-in-common-interest as to which partition is sought.
7. Defendant GARY SAMPLE112 is an owner of the Real Property whose vested title is Twenty Five Percent (25%) tenant-in-common-interest as to which partition is sought.
8. Defendant CONSTANCE J. SAMPLE113, Trustee of the CONSTANCESAMPLE113 TRUST is an owner of the Real Property whose vested title is Twenty-Five Percent (25%) of an undivided interest as to which partition is sought.
9. GARY M. SAMPLE114 and ROBIN SAMPLE115 SAMPLE114, Trustees of the SAMPLE114 FAMILY TRUST are owners of the Real Property whose vested title is Twenty-Five Percent (25%) of an undivided interest as to which partition is sought.
10. Defendant JANE SAMPLE11 was a co-owner of an undivided Twenty-Five Percent (25%) with Plaintiff as a Joint Tenant, but was and is under an obligation to convey said interest to Plaintiff pursuant to a Marital Settlement Agreement.
11. Plaintiff alleges on information and belief that there are persons unknown who have or claim interests in the Real Property. Plaintiff joins such persons as Defendants "all persons unknown claiming an interest in the Property."
12. The interests in the Real Property described in Paragraph 5 that Plaintiff has or claims is One-Fourth (25%) interest as Tenant-In-Common.
13. The interests of record or actually known to Plaintiff that other persons have, or claim, in the Real Property which Plaintiff reasonably believes will be materially affected by the action are:
[a.] A One-Fourth (25%) interest as tenant-in-common, by Defendant GARY
SAMPLE112.
[b.] A One-Fourth (25%) interest as tenant-in-common, by Defendant
CONSTANCE J. SAMPLE113, Trustee of the CONSTANCESAMPLE113 TRUST.
[c.] A One-Fourth (25%) interest as tenant-in-common, by Defendants
GARY M. SAMPLE114 AND ROBIN SAMPLE115 SAMPLE114, Trustees of the SAMPLE114 FAMILY TRUST.
[d.] A Joint Tenancy interest in the One-Fourth (25%) interest with Plaintiff
by Defendant JANE SAMPLE11, which she is obligated to convey to Plaintiff pursuant to a Marital Settlement Agreement.
14. Plaintiff requests that the Real Property be partitioned for sale. Such mode of partition is more equitable in the circumstances than division for the following reasons:
The topography does not allow for a division and the Real Property has a house on it and there is no practical way to otherwise partition the property.
15. It has been, and will be necessary that Plaintiff obtain a title report on the property in the form of a title policy commitment from a Title Insurance Company at an expense to Plaintiff in an amount to be proven at the time of trial. The title report will be kept at LAW OFFICES OF L. SCOTT KARLIN, 13522 Newport Ave., Suite 201, Tustin, CA 92780 for inspection, use, and copying by the parties to this action.
SECOND CAUSE OF ACTION
(Accounting Against All Parties)
16. Plaintiff, BILL SAMPLE11, repeats, and realleges each and every allegation contained in the First Cause of Action (Paragraphs 1-15) of this Complaint and by reference incorporates the same herein and makes each a part thereof.
17. Plaintiff is informed and believes that Defendant SAMPLE112 during the years of ownership of the Real Property with Plaintiff, has rented and leased the Real Property and obtained rental income.
18. Plaintiff is informed and believes that, during the years of ownership of the Real Property with Plaintiff, Defendant SAMPLE112 has sold or conveyed interests in the Real Property to third parties, and has received money and other consideration thereof.
19. Plaintiff is informed and believes that Parties other than Plaintiff may have paid expenses for the repair, maintenance, taxes and insurance on the property in amounts different than amounts paid for by Plaintiff.
20. Plaintiff is entitled to an accounting of all income, rents, sales proceeds or other proceeds and expenses related to the subject Real Property by all Parties.
21. At all times during the ownership of the Real Property with Defendant SAMPLE112, Plaintiff and all other persons having an interest in the Real Property agreed that Defendant SAMPLE112 would take care of the day to day management, maintenance, and repair of the Real Property, and at all times Defendant SAMPLE112 represented he was acting in the best interests of all owners and acting for the benefit of all owners. Plaintiff relied on these representations and took no active management role in the Real Property, but left these matters in the hands of Defendant SAMPLE112.
22. As a result of the foregoing, Defendant SAMPLE112, owed a fiduciary duty to Plaintiff and the others who had an interest in the property.
23. In doing the foregoing acts, Defendant acted with malice, fraud and oppression,
and his acts were despicable and Plaintiff therefore is entitled to punitive damages
THIRD CAUSE OF ACTION
(Breach of Fiduciary Duty and Conversion Against Defendant SAMPLE112)
24. Plaintiff, BILL SAMPLE11, repeats, and realleges each and every allegation
contained in the First Cause of Action and Second Cause of Action (paragraphs 1-23) of this
complaint and by reference incorporates the same herein and makes each a part thereof.
25. Plaintiff is informed and believes that Defendant SAMPLE112 at various times during his ownership with Plaintiff breached his fiduciary duty to Plaintiff by converting to his own account money and other consideration received from leasing, renting and/or conveying interests in the subject Real Property. Plaintiff only became aware of the possibility of such breaches of Defendant’s duties within six months of filing this action when Plaintiff requested an accounting from Defendant SAMPLE112 and he refused to provide one.
26. In doing the foregoing acts, Defendant acted with malice, fraud and oppression,
and his acts were despicable and Plaintiff therefore is entitled to punitive damages.
FOURTH CAUSE OF ACTION
(Conveyance of Real Property Against Defendant JANE SAMPLE11)
27. Plaintiff, BILL SAMPLE11, repeats, and realleges each and every allegation
contained in the First Cause of Action, Second Cause of Action and Third Cause of Action
(Paragraphs 1-26) of this complaint and by reference incorporates the same herein and makes each a part thereof.
28. Defendant JANE SAMPLE11 is obligated and required to convey and transfer to Plaintiff all rights and interests and title to the real property described in Exhibit "B". This includes the Real Property described in Exhibit "A". Defendant JANE SAMPLE11 is obligated to convey the real property described in Exhibit "B" pursuant to a Marital Settlement Agreement executed by her, and she has failed to do so.
//
//
//

WHEREFORE, Plaintiff prays for:
AS TO THE FIRST CAUSE OF ACTION
1. A judgment partitioning by sale of the Real Property and dividing the proceeds after an accounting of costs, expenses, and income incurred by or received by each Party of interest.
2. A judgment against Defendants and their respective successors in interest for their respective shares of sums reasonably expended by Plaintiff in maintaining and preserving the Real Property, with interest at the rate of 10% per annum from the date of each expenditure, which judgment shall be secured by a lien on the respective interests of such Defendants and their respective successors in interest in the Real Property or sale proceeds.
3. A judgment against Defendants and their respective successors in interest for their respective prorata shares of the expense of the title report, with interest at the rate of 10% per annum from the date of filing the action, and prorate shares of other costs and attorney’s fees necessary for the partition, as determined by the Court, which judgment shall be secured by a lien on the respective interests of such Defendants and their respective successors in interest in the Real Property or sale proceeds and shall otherwise be enforceable as provided by law.
4. A preliminary and permanent injunction prohibiting Defendant SAMPLE112 and any Party from using, possessing, leasing, renting or selling any interest in the subject Real Property without first obtaining either written consent from all the other Parties, or a Court Order.
5. An appointment of a referee for the purpose of managing, maintaining and leasing the Real Property.
6. An accounting for all expenses paid on belief of the Real Property and an income received from the Real Property and an order for distribution and/or charge to each Party related thereto.
AS TO THE SECOND CAUSE OF ACTION
1. A preliminary and permanent injunction prohibiting Defendant SAMPLE112 and any Party from using, possessing, leasing, renting or selling any interest in the subject Real Property without first obtaining either written consent from all the other Parties, or a Court Order.
2. An appointment of a referee for the purpose of managing, maintaining and leasing the Real Property.
3. An accounting for all expenses paid on belief of the Real Property and an income received from the Real Property and an order for distribution and/or charge to each Party related thereto.
4. Damages according to proof.
5. Punitive damages according to proof.
AS TO THE THIRD CAUSE OF ACTION:
1. An accounting for all expenses paid on belief of the Real Property and an income received from the Real Property and an order for distribution and/or charge to each Party related thereto.
2. Damages according to proof.
3. Punitive damages according to proof.
AS TO THE FOURTH CAUSE OF ACTION:
1. A judgment and Order for Defendant, JANE SAMPLE11 to convey and transfer to Plaintiff all rights and interests and title to the real property described in Exhibit "B".
2. Damages according to proof.
AS TO ALL CAUSES OF ACTION:
1. Costs of suit; and
2. Other relief that the Court considers proper.
DATED: July 17, 2001 LAW OFFICES OF L. SCOTT KARLIN

L. SCOTT KARLIN, Attorney For
Plaintiff, BILL SAMPLE11
EXHIBIT "A"
(Referenced and Incorporated in First Cause of Action-
of Plaintiff BILL SAMPLE11’s Complaint)
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, IN THE UNINCORPORATED TERRITORY, COUNTY OF ORANGE AS TO PARCEL A-1 AND A-2,
DESCRIBED AS FOLLOWS:
PARCEL A-1:
PARCEL 1 AS SHOWN ON EXHIBIT "SAMPLE BCB" ATTACHED TO LOT LINE ADJUSTMENT xxLL1390-1101 RECORDED SEPTEMBER 30, 1998Y1 AS INSTRUMENT NO. 91-531153 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL A-2:
YYxxXX23420.00 FEET WESTERLY OF THE WESTERLY LINE OF LOTS 91, 101 AND 111 OF SAID XXX SHEET "A".

EXHIBIT "B"
(Referenced and Incorporated in Fourth Cause of Action -
of Plaintiff BILL SAMPLE11’s Complaint)

ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, IN THE UNINCORPORATED TERRITORY, COUNTY OF ORANGE AS TO PARCEL A-1 AND A-2, DESCRIBED AS FOLLOWS:
PARCEL A-1:
PARCELS 1, 3 AND 4, AS SHOWN ON EXHIBIT "B" ATTACHED TO LOT LINE ADJUSTMENT LL90-101 RECORDED SEPTEMBER 30, 1991 AS INSTRUMENT NO. 91-531153 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL A-2:
AN APPURTENANT NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES, AS SAID EASEMENT IS SET FORTH IN THAT CERTAIN GRANT OF EASEMENT AGREEMENT RECORDED JUNE 17, 1992 AS INSTRUMENT NO. 92-407520 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, OVER THAT PORTION OF LOT A OF MODJESKA HOME SHEET "A", AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGES 25 AND 26 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BOUNDED SOUTHERLY BY THE NORTHEASTERLY PROLONGATION OF THAT RADIAL LINE BEARING SOUTH 74 DEGREES 55' 30" WEST FROM THE POINT OF ENDING TO THE CENTER OF THAT CERTAIN CURVE HAVING A RADIUS OF 57.02 FEET, A CENTRAL ANGLE OF 60 DEGREES 45' 30" AND A DISTANCE OF 59.93 FEET BEING IN THE CENTERLINE OF THE RIGHT OF WAY DESCRIBED IN DEED RECORDED AUGUST 9, 1934 IN BOOK 698, PAGES 52 TO 58 INCLUSIVE, OF SAID OFFICIAL RECORDS, THE ENDING OF SAID CENTERLINE CURVE ALSO BEING THE NORTHEASTERLY CORNER OF LOT 25 OF SAID MODJESKA HOME SHEET "A".
EXCEPT THAT PORTION OF SAID LOT A OF SAID MODJESKA HOME SHEET "A" LYING BETWEEN LOT 16 AND 17 OF SAID MODJESKA HOME SHEET "A" BOUNDED EASTERLY BY A LINE CONTIGUOUS WITH THE 20.00 FEET WESTERLY OF THE WESTERLY LINE OF LOTS 9, 10 AND 11 OF SAID MODJESKA HOME SHEET "A".

Example of Lis Pendens and Lawsuit Complaint for Specific Performance in Real Estate

Auto Accidents

If you are involved in a traffic accident, in most states, you are required to exchange information. This information should include your name, address and telephone number where you could be reached during the day and at home. You may provide either your home or business address, your insurance information, including the name of your insurance company and the policy number. If you have failed to provide all of this information at the scene of the accident you should contact the other party and provide the missing information to him or her.

Many states, including California, require that if a police report is not made of the accident, and if the accident involves over $500 in property damage or any claim of injury, a form must be filled out with the Department of Motor Vehicles setting forth the basic information concerning the accident and insurance information. Other then exchanging basic information at the scene of the accident, it is generally not advisable to discuss any of the details of the accident, issues of fault, or any other matters other then the basic exchange of information.

If the police arrive on the scene and begin to investigate the accident, you are not required to give them anything other than the basic information that you are required to exchange with the other driver. If you believe that you are at fault in the accident or that the accident may have concerned the use of alcohol or control substances it is generally not advisable to volunteer any additional information. If the police request that you participate in a field sobriety or similar test, and you fail to cooperate, in many states, including California, it can be used as evidence against you, and will probably result in suspension of your driving privileges.

If you feel any pain or discomfort at the time of the accident, you should report the areas of pain and discomfort immediately to anyone investigating the accident so they make proper note of it, and if necessary provide appropriate medical assistance. After you receive your initial medical assistance, if necessary, you should contact an attorney who specializes in accident cases to ascertain your specific rights and responsibilities concerning the accident.

HOW IS FAULT DETERMINED?

Expect for a few "no fault" states, most states, including California, require proof of fault before any recovery can be obtained. Most states, including California, have adopted the "comparative" fault system where the fault of the different parties is determined. The person making the claim may be partly at fault, and still receive recovery. For example, a person with the right of way driving a few miles over the speed limit may be involved in an accident with a person driving in the opposite direction who had turned in front of them. It could be determined, for example, that the car driving over the speed limit was 25% at fault, and the car that was turning in front of it which did not have the right of way was 75% at fault. Under the comparative law system, the "speeding" driver would receive a recovery that was reduced by 25% because of the speeding.

It should also be noted that some states, including California, limit recovery for damages for pain and suffering to the percentage of fault of the various defendants. For example, in the case where a driver crosses over the center divider causing an injury to an oncoming car and it was found that poor lighting conditions on the roadway also contributed to the accident, it could be found that the defendant driver that drifted over the line was 90% at fault and the highway department was 10% at fault because of the design or maintenance of the roadway. If the total recovery were $300,000.00, of which $100,000.00 was for medical expenses, property damage, and lost past and future earnings, and $200,000.00 was awarded for general pain and suffering, both the driver defendant and highway department defendant (i.e the state) would be fully responsible to pay for the $100,000.00 economic loss, but the highway department would only be liable for $20,000.00 (10%) of the $200,000.00 award for pain and suffering and the driver would be responsible for the $180,000.00 (90%) of the pain and suffering award. This issue only arises in cases where there are multiple defendants.

If you were working at your job at the time of the accident, you may be entitled to some benefits regardless of who was at fault. See, what if I was injured on the job?, discussed below..

WHO PAYS FOR MY CAR REPAIRS?

Car repairs are part of special damages and the cost of repairs is recoverable from the person who is at fault in the accident. If you are not at fault, and you have collision coverage you have a choice, you can either have your own insurance arrange for the repairs under the collision coverage portion of your policy or you can attempt to have the person at fault or their insurance company arrange for the needed repairs. If your insurance company pays for the repairs, they may seek reimbursement from the other driver or the other insurance company.

It is generally a good idea to get more than one estimate unless your own insurance company or the other insurance company handles the necessary repairs immediately. Even after your car is repaired, you still may have a loss for "diminution" damages because your car may have less resale value because it is necessary to disclose the fact that your car was involved in an accident. Also, in addition to the repair cost you are generally entitled to a rental car for the reasonable time needed to make the repairs. Note, that if your car is a total loss, meaning that the cost of repair would exceed the cost of purchasing a similar vehicle in a similar condition, your loss is limited to the fair market value of the car. That's generally the "high" blue book value plus state and local sales tax and a portion of the licence fees, which is what it would cost you to replace the car.

MUST I REPAIR MY CAR?

It is generally not necessary that you have the car repaired. You can accept payment for the cost of the repair in lieu of having the work done. This may not be possible in circumstances where your car has been financed, since the financing company, which usually has a lien on your car, generally requires that the car be repaired. If the car is a total loss, the financing company will want their lien paid off before any money is distributed to you.

WHO PAYS FOR MY MEDICAL BILLS?

Generally, the person who is at fault, or their insurance company, is liable for all present and future reasonable and necessary medical treatment following an accident. This can include orthopedic doctors, physical therapy, chiropractic care, nursing care, ambulance cost, prescription medication, rehabilitation, and pain management cost. These are just some examples of the types of medical expenses that may be incurred by you in an accident. If you have medical insurance, it is often a good idea to first have your own insurance company pay these bills. Some states, including California, allow full reimbursement for the cost of the reasonable and necessary medical treatment even if your own insurance company has paid the bills in full or in part. The theory in these states is that since you have paid premiums over the years, this is like a savings account, and when the payment is made by your insurance company, it is really your own money that is being used to make this payments. Some insurance companies have reimbursement provisions which provide that if you utilize your own medical insurance, the insurance company seeks a portion of the recovery to reimburse it for it's payments. Each medical insurance policy is unique and would need to be examined to see if there is a potential for reimbursement. Of course, where there is no recovery from the other party, then there is no requirement of reimbursement to your own insurance comany.

WHAT IF I DON'T HAVE MEDICAL INSURANCE?

If you do not have medical insurance or "med pay" under your automobile insurance, many medical providers will not be willing to wait until your case is resolved for payment for services. Some medical providers will perform services, but may require a lien be signed by you and your attorney to guarantee payment when your case is settled.

WHO PAYS FOR MY PAST AND FUTURE LOST EARNINGS?

As in the case with payment for property damage and medical bills, the party at fault is responsible for payment of past and future lost salary or earnings. Past lost earnings is recoverable even if you took time off as "sick time" or "vacation time". This is because you would have lost both sick and vacation time which are valued at your normal pay for such time plus the value of any benefits which your employer provides. These benefits could include contributions to retirement plans, profit sharing plans, and similar benefits. If you are self employed and have been required to take time off from your business, the evaluation for the past earnings loss is generally the value of what you would have earned had the accident not occurred. Usually this requires looking at the business profits before and after the date of the accident. Similarly, if you are a commission sales person, an analysis of your sales or earnings before and after the accident can establish the nature of the loss.

In most states, including California, future loss of earnings is also recoverable if it is reasonably probable to occur. This is generally valued the same way as the past earnings loss, except that future lost earnings may be increased by the value of promotions and cost of living adjustments, and decreased to what is called "present dollar value". Present dollar value is the amount of money which you could safely invest in order to draw the same amount of money over time. This is similar to purchasing an annuity for future distribution of monetary benefits. This calculation is generally made by an expert economist or an accountant in order to determine the exact amount of future loss.

ARE THERE LIMITS ON RECOVERY?

There are a number of limits on recovery, both legal and practical. The most important limitation is the nature and the extent of the insurance coverage by the party at fault. If the person at fault had no insurance then any recovery would be from the person's assets or from his or her wages. Remember the old saying, " You can't get blood out of a stone." With the exception of accidents involving drunk drivers, or intentional acts, a court judgment against a negligent driver can be discharged in bankruptcy. This means that if the award is substantial it could force the person at fault into bankruptcy and the injured party would end up with no recovery. However, if the person at fault has substantial assets, then those assets could be used as a source of collection. If the person at fault has only limited insurance, then this could be a substantial barrier to a recovery in excess of the limits of the insurance.

If the party at fault at the time of the accident was working ("on the job"), then the employer will also be liable for the accident, and the insurance or the assets of the employer would be available as an additional source of recovery.

If you were not insured at the time of the accident, and the accident was someone else's fault, in California under a new law (Proposition 213), you are limited to only an award for property damage, past and future medical expenses and past and future loss earnings. If Proposition 213 is upheld by the courts, you would be excluded from any recovery for pain and suffering, unless the person who was at fault was convicted of drunk driving or driving under the influence of drugs.

Certain cases, for example, medical malpractice cases, limit the recovery for pain and suffering. In California, the limits on recovery for pain and suffering in a medical malpractice case is limited to $250,000.00. However there is no limitation on past or future medical expenses, past or future earning loss, or other similar special damages.

WHAT IF I WAS INJURED ON THE JOB?

If you were at work at the time of the accident, in most states, including California, you will be eligible for benefits under Workers Compensation Laws. You do not need to show anyone was at fault for the accident. If the accident was caused by someone other than your employer or by a defective product, you may also have a claim against this other party (or the manufacturer, distributor, or seller of the defective product).

WHAT IS THE VALUE OF MY CLAIM?

The value of your claim is a combination of the value of your property loss, car repair, reasonable and necessary past and future medical expenses, past and future lost earnings and compensation for pain and suffering. In addition, if you are married, in most states, including California, your spouse may be entitled to an award for loss of companionship and loss of value of services the injured spouse provided in the home, to the extent these losses can be shown.