Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry for your situation.1. I live in California and a friend was on my boat in 2006 7 years ago a big wave hit the boat she was the only person who didn't hang on and fell on her back. she was hurt. Can she sue me now??No
. The statute of limitations
to sue for personal injury
is TWO YEARS under Civ. Proc. §335.1
in California. Since this occurred in 2006, she is too late. She cannot sue.2. I had gallbladder surgery a few months ago, should have been no big deal the surgeon nicked my bowel and I was in the hospital 6 days and off work 6 weeks. Is this a lawsuit?Possibly
. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
Here, this may "professional negligence," which is the term for medical malpractice.
"The elements of a cause of action in tort
for professional negligence are: (1) the duty of the professional to use such skill, prudence and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence." Burgess v. Superior Court, 831 P. 2d 1197 - Cal: Supreme Court 1992
The good news is that most of these are settled by insurance
way before litigation
May I recommend the CA Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.
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