There are countless factors that can impact how a personal injury case unfolds. At the end of the day, the outcome of your case—and whether it is settled without proceeding to litigation—will likely hinge on the strength of the evidence available to prove liability, causation, and damages. In this article, we will focus on “causation.” To prove causation, it must be shown that the damages you are claiming would not have accrued but for the tort. In other words, your attorney will have to … [Read more...]
Failure to Mitigate Damages in Personal Injury Cases
Even when a personal injury case results in a settlement or verdict, there are a number of factors could impact the plaintiff’s net recovery. One factor is whether the plaintiff has mitigated their damages, or taken reasonable steps to minimize the losses arising from their accident. When Might a Dispute Arise over the Mitigation of Damages? The defense might contend that the plaintiff has failed to mitigate damages if: 1. The Medical Evaluation Was Delayed Many people will do their … [Read more...]
Which Auto Insurer Should Handle My Property Damage Claim?
If you were involved in a motor-vehicle collision through no fault of your own, you may be wondering whether to file a first- or third-party claim for the resulting property damage. Because California is a fault state in regard to auto accidents, you might be inclined to opt for the latter and bring the claim against the liable party’s insurer. It's reasonable to assume that filing a third-party claim has advantages. You won’t have to cover the deductible, for example. Also, you may already … [Read more...]
Statute of Limitations for Car Accident Lawsuits in California
Like most states, California follows a fault system when it comes to car accident claims. Under this system, accident victims can bring a claim against the liable party rather than bringing a claim against their own no-fault insurance. In most cases, the claim is brought against the liable party’s insurance company. Unfortunately, insurance providers have the incentive to deny or undervalue claims whenever possible. If no settlement can be reached through correspondence between the insurer … [Read more...]
The Long Beach Law Office of Michael D. Waks Announces Winner of 3rd Annual Essay Contest for Students Living with A Disability
Attorney Michael D. Waks is pleased to award $1,000 to Kristi Alarcon, the winner of the 3rd Annual Michael D. Waks Essay Contest for students living with a disability. Disabled high school seniors and undergraduates attending a 2 or 4-year accredited university or college, were invited to participate. Kristi Alarcon of Long Beach has been selected the winner of the 2018 Essay Contest. Kristi is a third-year student at California State University, Long Beach, studying journalism and … [Read more...]
2017 Michael D. Waks Essay Contest Winner
This summer, the Law Office of Michael D. Waks, held the second annual Essay Contest for students living with a disability. Disabled Los Angeles County high school seniors and students attending an accredited college or university, competed for the $1,000 scholarship. Participants wrote about the educational challenges presented by their disability, how they overcame them, and how their disability has influenced their educational and career path. The theme of the … [Read more...]
Announcing Essay Contest For Students Living With A Disability
Attorney Michael D. Waks is offering a $1,000 award to the winner of the Michael D. Waks Essay Contest. High school seniors and college students attending a 2-year or 4-year accredited university or college, in California, living with a disability, are invited to participate. ”As a Long Beach personal injury attorney for over 30 years, I have represented young clients living with disabilities caused by auto accidents. I have seen how difficult it has been for them to move forward with … [Read more...]
Stephen Glass: A Study in Apologies, Redemption, Compassion and Second Chances
Do you believe in second chances? I was sick to my stomach after reading about the abuse Stephen Glass received from the California Supreme Court yesterday at the hearing of his Appeal to be admitted as a Lawyer in this State. What has become of our system of Justice when the highest Court in California states unequivocally that there is nothing this young man can do to redeem himself? I know Stephen Glass. He is a Georgetown University of Law School graduate and one of the brightest people I … [Read more...]
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