Legal Question in Personal Injury in California

Re: verbal agreement merits a signed agreement

Even though you did not mention the circumstances under which the injury was caused, you may have a cause of action either for assault and battery, negligence, or both. In addition you might also have a cause of action for intentional infliction of emotional distress.

The damages that you might be entitled to could be as follows:

1. Past and present medical costs (i.e., surgery, hospital, therapy, etc.);

2. Future projected medical costs (i.e., in case you need a corrective surgery);

3. Lost wages;

4. Loss of earning ability (in the event of some type of disability);

5. General damages for pain, suffering and discomfort;

6. Punitive damages if the tort was intentional or grossly negligent;

7. Attorney's fees and costs if the tort was intentional.

Also, please know that in California actions in negigence must be commenced within 2 years, provided the tort occurred on or after 1/1/2003.

Actions for breach of oral contract must be commenced within 2 years and actions for breach of written contract must be commenced within 4 years fromthe date of breach.

Good luck.

Re: verbal agreement merits a signed agreement

under the factual circumstances given so far, i would suggest retaining legal counsel for representation in this matter. your claims are valid from both a tortious and contractual standpoint, and if the only evidence of this person agreeing to pay your costs is thru a 3rd party intermediary, you definitely could be subjecting yourself to hearsay and/or statute of limitations concerns ultimately while waiting to see if performance is forthcoming. so, if you would like further legal assistance and/or representation in this mattter, feel free to email my office directly with more details and how you may like to proceed.