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Law Office of Brett Peterson

Serving San Diego Since 1998

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Do I have to reimburse a Capitated HMO after settling a car accident claim in California?

May 17, 2022

Many health insurance policies contain subrogation clauses. This means a person’s health insurance company can recover any money that it paid to the plaintiff or their medical providers from the person that caused the plaintiff’s injury (usually the defendant’s insurance company). Capitated plans are unusual because the capitated amount is a set fee paid by […]

Filed Under: Auto Accidents, Personal Injury Tagged With: personal injury

Social Media and Your Personal Injury Claim

April 18, 2022

While going through the claims process for compensation after a personal injury, you should be careful in your use of social media (e.g. Facebook, Twitter, Instagram and even text messages ). Your posts could be shared in the courtroom to damage your case. Frequently, after an injury, people post on social media that they are […]

Filed Under: Auto Accidents, Personal Injury

Did Covid affect my deadline to sue?

April 5, 2022

In California, most civil actions, like personal injury, have a deadline to sue the defendant.  This is called a Statute of Limitations. During Covid-19, the CA state courts were closed for some time and as a result there was an emergency rule in response to the COVID-19 pandemic extending all statutes of limitations and all […]

Filed Under: General Legal Matters

Medical Treatment Without Health Insurance

March 30, 2022

Some of my clients, frequently after car accidents, don’t have health insurance. They are concerned they can’t receive medical treatment and see a doctor despite having serious injuries. In California, many uninsured injured claimants can be treated on a lien basis. This means that you do not need to have medical insurance or to pay […]

Filed Under: Uncategorized

Can I have a concussion if I never lost consciousness?

March 23, 2022

People frequently contact me after serious car accidents complaining of Memory loss, Nausea, Headaches that worsen and unexplained Fatigue.  These can be symptoms of a concussion or another mild traumatic brain injury.  Even if you didn’t lose consciousness in an accident, you can still sustain serious, and sometimes permanent, brain injury.  It’s important to get treatment […]

Filed Under: Uncategorized

My car was repaired after an accident but is now worth less. What can I do?

January 5, 2022

California allows claims for diminution or diminished value. That means the owner of a vehicle might be entitled to recover the diminished value of your vehicle after an auto accident that wasn’t your fault.  (A repaired vehicle is usually worth less than a vehicle that was never in an accident.)   The statute of limitation on […]

Filed Under: Auto Accidents, Uncategorized Tagged With: diminished value

Should I sell my right to Future Medical Care in my workers comp case?

December 22, 2021

First, it’s important to know about the two types of settlements in Workers Compensation claims. One type is a Stipulation. With a Stipulation, an injured worker receives an award of permanent disability payments based on a rating but also keeps the right to seek additional medical care in the future. In other words, the worker […]

Filed Under: Uncategorized Tagged With: C&R, workers comp

How much will I receive while unable to work after a work injury in California?

December 10, 2021

Once your claim is accepted, you can received TTD (*Total Temporary Disability) for up to 104 weeks if the treating doctor says you can’t work at your job.Starting in 2022, the maximum and minimum payments are going up in California. The Division of Workers’ Compensation (DWC) announces that the 2022 minimum and maximum temporary total […]

Filed Under: Uncategorized

I became infected with Covid at work. What are my rights?

December 1, 2021

In California, employees are entitled to workers compensation benefits if they contract Covid-19 at work. The state advises employers: “You should encourage workers to notify their employer and file a workers’ compensation claim if they think they contracted COVID-19 at work.”How do you prove you caught Covid at work versus exposure outside of work?California passed […]

Filed Under: Uncategorized Tagged With: covid, work injury

I was bit by a dog! What do I do?

October 19, 2021

In California, dog bites are treated specially.  California Civil Code Section 3342 says: ” The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the […]

Filed Under: Personal Injury

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  • Law Office of Brett Peterson

    605 C Street 3rd Floor, San Diego, CA 92101
    (619) 702-8412

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