Law Office of Michael D. Waks

A Lawyer You Can Trust

No Fee Unless You Win

Call888.394.1174

Available 24/7

Welcome to the Michael Waks Blog

Under What Circumstances Can I File a Boating Accident Claim?

July 12, 2019 by

If you were injured or lost a family member in a boating accident, you may be wondering if you have grounds for a personal injury or wrongful death claim. Unfortunately, proving that you were injured or that your loved one died in the accident won’t be enough to win a settlement or verdict. You will also have to demonstrate how the defendant was liable for the injury or death, which will require evidence of either negligence or strict liability. Read on to learn about the circumstances that may … [Read more...]

Who Might Be Liable for a Swimming Pool Accident?

June 28, 2019 by

A relaxing day by the pool with friends and family can quickly turn tragic when a person suffers an injury or drowns. Swimming pool accidents are, unfortunately, quite common—resulting in hundreds of drownings and thousands of injuries across the United States every year. If you or someone you love was hurt or died at a swimming pool in California, you may have grounds for a personal injury or wrongful death claim. There are several parties who might be liable for such an accident, so your … [Read more...]

How to Prove an Hours of Service Violation After a Truck Accident

June 26, 2019 by

Commercial truck drivers are some of the most experienced and skilled motorists on the road, but no one is immune to the effects of fatigue. With long hours, tight deadlines, and endless stretches of highway, it’s not uncommon for truckers to become drowsy while behind the wheel, making them more prone to accidents. To prevent drowsy driving crashes, the Federal Motor Carrier Safety Administration (FMCSA) enforces the Hours of Service (HoS) regulations, which prohibit truckers from driving for … [Read more...]

Invitees, Licensees & Trespassers: What’s the Difference?

June 14, 2019 by

Property owners and possessors owe a duty of care to everyone who enters their premises. The specific duty of care, however, varies depending on whether the entrant is an invitee, licensee, or trespasser. If you or a member of your family was injured on someone else’s premises because the property owner, possessor, or one of their employees breached the duty of care, you may be entitled to damages. Read on to learn the key differences between invitees, licensees, and trespassers: What Is an … [Read more...]

Who Can Be Held Liable for a Bus Accident?

June 12, 2019 by

After most car accidents, the insurance company of the at-fault motorist would cover the medical bills, lost wages, and property repairs incurred by the other parties involved, up to the policy limits. But after a bus accident, it’s common for someone other than a driver to be held liable for damages. If you’ve been injured in a collision involving a bus, you might have grounds for a claim against: The bus driver’s employer; The bus driver; The company that was hired to maintain the … [Read more...]

How Soon Should I Visit a Doctor After Suffering a Personal Injury?

June 7, 2019 by

There’s always a lot to do after sustaining a sudden injury. If you’re involved in a car accident, for example, you might have to find alternative transportation, get a coworker to cover your shift, and arrange child care. With so much on your plate, it’s tempting to put off your medical evaluation, especially if your symptoms seem manageable. Unfortunately, choosing to delay your doctor’s visit could put both your health and your personal injury claim in jeopardy. Some injuries, such as … [Read more...]

How Do I Prove the Other Driver Was Texting?

June 5, 2019 by

Texting while behind the wheel can be just as dangerous as drunk driving. But unlike alcohol-related accidents, there’s no test that can be conducted at the scene to prove a motorist was texting. As such, attorneys must resort to other forms of evidence to prove negligence, much of which can be difficult to obtain without applying legal pressure. If you turn to a well-credentialed law firm, you won’t have to worry about filing subpoenas and navigating complicated legal proceedings on your own. … [Read more...]

When Are Family Members Entitled to Emotional Distress Damages?

May 24, 2019 by

In the state of California, personal injury victims have the right to pursue compensation for any economic and non-economic damages they incur. Under some circumstances, a person who witnessed a serious accident also has the right to seek compensation for the negligent infliction of emotional distress—even if he or she wasn’t physically injured. Until 1968, courts typically dismissed emotional distress claims unless the plaintiff could prove the defendant’s conduct placed him or her in harm’s … [Read more...]

Will My Personal Injury Case Go to Trial?

May 22, 2019 by

Most Americans would fall behind on essential bills if they miss just one paycheck. If your financial security is in jeopardy after a serious personal injury, you might be tempted to accept the first settlement offer from the insurance company. But if that settlement doesn’t include future medical bills, lost earning capacity, or other damages you’re reasonably certain to incur, accepting it might put you on the path to overwhelming debt. Fortunately, more than 9 in 10 personal injury cases are … [Read more...]

What Can I Do to Strengthen My Personal Injury Claim?

May 17, 2019 by

If you’re planning to file a personal injury claim, there are steps you can take starting on day one that may increase your chances of recovering a fair settlement. Those steps include: Documenting the scene of the accident; Starting a personal injury journal; Deactivating your social media accounts; Recording all the expenses you incur; Seeking medical care; and Directing all relevant correspondence to your personal injury lawyer. Let’s explore these steps in depth so you know … [Read more...]