Property owners and occupiers in California owe a duty of care to their visitors. The specific duty of care depends on the visitor’s status and other factors, but under most circumstances, it involves ensuring the premises have adequate lighting to be reasonably safe, or at least warning visitors about inadequate lighting. Catastrophic and even fatal injuries have been attributed to insufficient lighting. A person might fall down a staircase, for example, or trip over a door threshold. If the … [Read more...]
Role of Accident Reconstruction Experts in Personal Injury Cases
“Who was liable for the accident?” This is a question that arises in every third-party insurance claim. If you were seriously hurt through the fault of another person, you’re going to have to prove liability in order to recover an award of damages. One of the many kinds of evidence that might be used to prove liability in a car accident case is the deposition of accident reconstruction experts. What Is an Accident Reconstruction Expert? An accident reconstruction expert is someone who … [Read more...]
Mediation vs. Arbitration vs. Mandatory Settlement Conferences in Personal Injury Cases
The ideal outcome of any personal injury case is to reach a settlement without having to file a lawsuit and enter litigation. But if a dispute arises that cannot be resolved through negotiations between your lawyer and the legal team of the defense, proceeding to litigation might be the only way to pursue fair compensation. Even if your case does proceed to litigation, that doesn’t necessarily mean it will go all the way to trial. If no settlement is reached after discovery, your case might … [Read more...]
3 FAQs About Truck Accidents Caused by Falling or Spilled Cargo
When cargo falls off an 18-wheeler, the drivers in the vicinity may be forced to take immediate evasive action. A serious multi-vehicle collision might be unavoidable. In the aftermath, victims and their surviving loved ones may not know who is liable for the resulting medical bills, lost wages, pain and suffering, and other damages. Personal injury claims involving truck accidents of this nature can be particularly complicated. Your best source of guidance after such a collision is a skilled … [Read more...]
Exacerbation of Preexisting Asymptomatic Conditions in Personal Injury Cases
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...]
4 FAQs About Brain Injuries Due to Sporting Accidents
If you or your child was diagnosed with a brain injury due to a sporting accident, you probably have a lot of questions. Playing certain contact sports such as football and soccer comes with foreseeable risks, so you may be wondering if you have grounds for a personal injury claim at all. The easiest way to determine whether your case has merit is to schedule a free consultation with an attorney who handles tort cases involving brain injuries. A brain injury lawyer can evaluate the … [Read more...]
Amtrak Ticket Rule Prevents Injured Passengers from Suing
Amtrak has been under ardent criticism from consumer advocates since the railroad company quietly added an arbitration clause to its ticket purchasing agreement. The clause protects Amtrak from being sued for the personal injury or wrongful death of a passenger. Instead, these cases would now proceed to arbitration, a form of alternative dispute resolution. Opponents have argued that arbitration often leads to worse monetary outcomes for accident victims. It also shields information from public … [Read more...]
Is Health Insurer Entitled to Portion of My Personal Injury Payout?
The costs associated with treating unanticipated injuries can add up fast. Medical bills alone can amount to tens—if not hundreds—of thousands of dollars. While your health insurer may cover the majority of your medical bills, they might request reimbursement if you end up securing a payout from those liable for your injuries. This probably seems unfair, especially if you worked incredibly hard to recover what was rightfully yours; however, as long as the terms of your policy have a subrogation … [Read more...]
When Are Liability Waivers Enforceable in California?
Has your employer asked you to sign a waiver abdicating them of liability should you contract COVID-19 on the job? If so, perhaps you felt pressured to sign despite finding the arrangement utterly unfair. Fortunately, if you actually were to fall ill, the law would be on your side. In California, nearly all employers—including those with only one employee—are required to have workers’ compensation insurance. This coverage reimburses injured and ill workers for applicable medical expenses and … [Read more...]
If Involved in a Car Accident, Should I Take Photos at the Scene?
If you are struck by a drunk, distracted, or otherwise reckless motorist, you can seek compensation for the resulting damages. To pursue a fair recovery, you will have to build a strong car accident claim, and that starts before even leaving the scene. Photographs of the wreckage could have a major impact on the outcome of your case. By evaluating these images, accident reconstruction experts may be able to determine what happened in the seconds leading up to the crash. Detailed photos could … [Read more...]
- 1
- 2
- 3
- …
- 7
- Next Page »