Most personal injury claims are founded on the basis of negligence, which means the tortfeasor breached a duty of care owed to the claimant, resulting in his or her injury or loss. But when strict liability applies, proving the defendant was negligent is not a prerequisite to recovering damages. In the state of California, strict liability applies to certain product liability and dog bite cases. Strict Liability in Product Liability Cases A product defect can arise at any stage of the design, … [Read more...]
When Are Punitive Damages Awarded in Personal Injury Cases?
In the state of California, personal injury claimants can pursue both compensatory and exemplary damages. Compensatory damages, which include economic and non-economic losses, are intended to make the injured party “whole” again. Exemplary damages, or “punitive damages,” are only awarded in cases involving particularly egregious behavior. Read on to learn the definition of punitive damages and when they might be recoverable in a personal injury case: What Are Punitive Damages? Punitive damages … [Read more...]
Personal Injury Law: Frequently Asked Questions
General Personal Injury FAQs Premises Liability FAQs Bicycle Accident Claim FAQs Product Liability FAQs Car Accident Claim FAQs Pedestrian Accident Claim FAQs Bus Accident Claim FAQs Motorcycle Accident FAQs Truck Accident Claim FAQs … [Read more...]
3 FAQs About Bus Accident Claims in California
Both private and public buses are relatively safe modes of transportation, but they're certainly not immune to accidents. Collisions involving buses can result in devastating injuries to bus passengers and drivers as well as pedestrians and the occupants of other vehicles. If you were injured or lost a family member in a bus crash, you may have grounds for a personal injury or wrongful death claim. Depending on the circumstances, there are many parties who might be liable for the resulting … [Read more...]
7 Mistakes That Could Harm Your Personal Injury Case
It's only natural to feel shaken and perhaps even a bit disoriented after a serious injury. But how you conduct yourself in the aftermath of the accident and over the weeks and months that follow will be a huge factor in determining the outcome of your personal injury claim. Read on to learn some of the most common mistakes injured parties make that can lead to complications, delays, and even the denial of claims: 1. Calling the Insurance Company Before You Speak to a Lawyer Any phone calls you … [Read more...]
Motorcycle Accidents Caused by Cars: 10 Tips for Injury Claimants
You’ve been injured in a motorcycle crash. Now what? No doubt you have a lot of questions about the claims process: how to file when to contact the insurance company, and what evidence to provide. It’s natural to feel confused and even overwhelmed, especially if your financial security is at stake. But with the right approach, you may be able to recover the compensation you need to move on with life. Below are a few tips to keep in mind after being injured in a motorcycle accident caused by a … [Read more...]
Can I Recover Compensation for PTSD After a Car Accident?
The psychological effects of a car accident can be just as devastating as the physical injuries. Depression, anxiety, and adjustment disorders can impact a person’s ability to earn an income, and the cost of psychotherapy, medication, and other treatments can add up quickly. If you were hurt or witnessed a loved one die in a collision, you may be suffering from post-traumatic stress disorder. PTSD is a psychiatric diagnosis resulting from the development of characteristic symptoms after … [Read more...]
Can I File a Bicycle Accident Claim If I Wasn’t Wearing a Helmet?
If you were injured in a bicycle accident, whether or not you were wearing a helmet at the time could become a point of discussion during settlement negotiations or litigation. The insurance company might argue that your failure to wear a helmet was negligent and you should therefore be held partially or entirely liable for your own damages. Fortunately, there are many potential ways for a seasoned bicycle accident lawyer to overcome such a dispute. Arguments Your Attorney May Use to Combat … [Read more...]
What Is the Lifetime Cost of a Traumatic Brain Injury?
Whenever a multimillion-dollar verdict in favor of a personal injury victim makes regional or national headlines, people tend to assume the victim will be able to afford a large home, extended vacations, and other luxuries of a wealthy lifestyle. But often, these plaintiffs are dealing with permanent disabilities that will cost millions of dollars in medical care and lost income over the course of their lifetime. People who suffer traumatic brain injuries (TBIs), for example, may have to pay … [Read more...]
Who Is Liable for Slips and Falls at Apartment Complexes?
A slip and fall can cause devastating injuries ranging from soft tissue damage to broken bones and brain trauma. The medical bills and lost income can add up to a small fortune, but if your fall was caused by the negligence of another person, you may be entitled to compensation for all resulting damages. There are many parties who might be liable for a slip and fall at an apartment complex. Depending on the facts surrounding the accident, you may have grounds for a claim against the landlord, … [Read more...]
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