For the brain trust, daughter needs an attorney...

[Joe Bob]

My then pregnant daughter was a pre school teacher. Some maroon drove thru the school room and caused some injuries. No Mustang but a Honda SUV.

My daughter was denied any compensation as well as worker's comp.

Does anyone know a competent attorney in So Cal, specifically Saugus? The school is a private entity. She was not injured but lost her job due to the classroom being damaged. Incident occurred within the last year.

Thanks in advance.

[drcoastline]

Hmmm, can't help you find a legal whore, but that is an interesting one. So, if she was uninjured and didn't have any complications with the pregnancy due to the incident compensation and/or WC isn't warranted. Maybe mental anguish?

Loss of job? Maybe improper dismissal? Is Californication an at will state?

It maybe just one of those unfortunate situations?

[Joe Bob]

All I know is that the school refuses to make any offer of compensation. The attorney for the driver sent her a letter stating no proffer from the school. Don't know why the insured's company (Geico) is involved.

I told her to contact an attorney representing one of the kids and see if they want another client.

[stomachmonkey]

Private school?

Means the students pay to attend.

What happened to the students?

Were they just split up among the other classes or could no longer attend?

If they split the kids up then financially they were not hurt and could afford to keep your daughter.

[Joe Bob]

I'll let the attorney delve into that. She , her husband and son just got thru Covid and could use a little help on the bills. She is 3,000 miles away from Daddy and I have not been in CA for years. My contacts are rusty.

[vash]

dang. i remember a family photo you posted with the kids. they were young!! now we are old.

nothing to add, but simply happy that there were no serious injuries.

i am shocked an attorney didnt jump out of the bushes to hand her a business card.

[Joe Bob]

Me too.....I told her to lawyer up when it happened. BTW, my baby is now 27.

[McLovin]

Highly doubtful you’ll find any lawyer to take that case on a contingency.

[Joe Bob]

She had a job the next day....CA is screaming for teachers. "me", I don't have an issue with moving along. I think maybe her spouse has something to with pursuing it....

[McLovin]

Putting up a $5k cash retainer will change his mind.

[rusnak]

Glad your daughter is OK. Sounds a bit like maybe she needs a new spouse, but that's none of my beeswax.

[stomachmonkey]

Well she wasn't injured and even if she were there does not seem to be negligence on the schools part so I don't readily see a valid workers comp claim but I'm not an attorney.

Originally Posted by Joe Bob

She had a job the next day....

Yeah I don't think she has much of a case.

Not sure what she'd be suing for.

[Joe Bob]

I think she mostly wants a consult. I guess I should talk more at length with her....suggest she bag it.

Thanks...

[RobFrost]

You need to claim off the driver, not the school.

Sent from my SM-G988B using Tapatalk

[drcoastline]

Originally Posted by Joe Bob

All I know is that the school refuses to make any offer of compensation. The attorney for the driver sent her a letter stating no proffer from the school. Don't know why the insured's company (Geico) is involved.

I told her to contact an attorney representing one of the kids and see if they want another client.

Geico is involved because the vehicle they insure caused damage and injuries. They (driver and/or owner of the vehicle) is the responsible party.

What would the school be compensating her for? The school didn't do anything other than let your daughter go. Was that proper? I don't know maybe it wasn't. If Californication is an at will state, they don't need a reason to let her go. Is she part of a teacher's union? If so, look there before hiring a private legal whore.

[drcoastline]

Originally Posted by Joe Bob

She had a job the next day....CA is screaming for teachers. "me", I don't have an issue with moving along. I think maybe her spouse has something to with pursuing it....

If she got a job, they next day no lost wages (assuming same rate of pay), no lost time so no WC. She wasn't injured and got a job the next day so no damages.

The only other avenue would be mental anguish. She is so mentally injured she can't teach and deserves compensation. But she has a job so it would be hard to prove. Maybe the trauma of a car crashing through her classroom wall has caused such mental anguish she can no longer drive her own car for fear she might drive through a school classroom? Maybe the husband has an avenue? Hearing the news of the accident and firing of his wife he was distraught as he nearly lost his wife and unborn baby?

In order to receive compensation, there must be "damages" what are the damages?

[Joe Bob]

That pie has a lot of slices out of it due to the 15 students. Unless the limit of policy does not have to be divided. I don't have that information as yet. I'm making a list of questions for her, IF she has that.

[drcoastline]

Originally Posted by Joe Bob

That pie has a lot of slices out of it due to the 15 students. Unless the limit of policy does not have to be divided. I don't have that information as yet. I'm making a list of questions for her, IF she has that.

I am in NJ not CA and not a lawyer, but I am in the insurance business.

New Jersey auto law has a legal minimum policy limits of 15/30/5. (of course, our Dem controlled state senate made changes for illegals but for the rest of us we have to obey)

15 stands for per person bodily injury ($15,000.00)

30 means per accident bodily injury ($30,000.00)

5 property damage per accident ($5,000.00)

This is how it breaks down.

Any one person can receive a maximum of $15,000.00 per accident in bodily injury compensation.

Any one accident will pay out a maximum of $30,000.00 in bodily injury however, that does not mean the sum gets distributed equally. If multiple people are injured in an accident and one were to settle or be award damages of say $20K then there is only $10K left for the rest of the claimants. If the damages exceed $30K then the owner/driver become personally liable to the claimants for anything over the $30K.

There is a maximum of $5,000.00 for property damage. In this case the damage to the building, desks, chairs, etc.

You can endorse a policy to higher limits and carry an umbrella to increase further.

But again, I don't see where any of this applies to your daughter at this time. She was not injured so no bodily injury and presumably she didn't own any of the property that was damaged?

[svandamme]

Tell daughter to not waste any time and money on legal eagles
Nothing was lost other the convenience of the known job and time finding another one(which was negligable as far as I can see).
There's nothing to be gained by anybody except for the legal eagles.
Unless those eagles wanna work on a no cure no pay, you stand a higher chance of winning a bet against a street hustler that does a 3 cups shuffle scam

[T77911S]

she was not injured and she got another job the next day?