If you have suffered a personal injury or wrongful death in the family and you intend to bring a claim for damages, it is important that you take steps to protect your rights. A single inadvertent mistake could be the difference between winning a fair settlement or walking away with nothing. One of the most common errors made by claimants is providing a recorded statement to the insurance company. Just like any other business, insurance carriers want to maximize their profits. Every time they … [Read more...]
What Is Loss of Consortium?
The traumatic effects of a serious injury can ripple through an entire family. Loved ones not only may suffer tremendous grief but also might have to cope with a loss of care, affection, and moral support. These non-economic damages fall under the umbrella of “loss of consortium” (LoC). Under certain circumstances, the spouse or registered domestic partner of an injured party can bring a loss of consortium claim against the party responsible for the injury. Read on to learn the answers to a few … [Read more...]
Who Can File a Wrongful Death Claim in California?
Dozens of people may be personally affected by a wrongful death, but only certain individuals have the right to bring a claim against the liable party. Under California Code of Civil Procedure 377.60, the following parties have the right to bring a wrongful death claim if they meet specific criteria: The personal representative of the deceased’s estate; The deceased’s spouse or domestic partner and children or stepchildren; The deceased’s putative spouse and his or her children; The … [Read more...]
Who Might Be Liable for Injuries Sustained at a Pool?
There are all sorts of ways a person can suffer an injury at a swimming pool. Slipping on a wet deck, diving into shallow water, or getting stuck in an unsafe drain can all cause serious and potentially fatal harm. If you or someone in your family was hurt at a swimming pool, you may be entitled to damages including medical bills, lost income, and pain and suffering; however, there are several elements that must be proven in order to recover compensation. One such element is liability. You must … [Read more...]
Common Product Defects That Lead to Personal Injury Claims
A product can become defective at any stage of design, development, or distribution. Even if a product doesn’t malfunction, serious injuries can still occur if a consumer good lacks adequate instructions for safe use. Certain items are responsible for a disproportionately high number of product defects. Examples include: Airbags and other automobile parts; Portable generators; Gas heaters; Medical devices; Pharmaceutical drugs; Children’s toys; Construction materials; and Foods … [Read more...]
Who Can Be Held Liable for a Bus Accident?
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...]
Will My Personal Injury Case Go to Trial?
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?
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...]
How to Prove Loss of Consortium
A serious accident can have devastating consequences not only for victims but also for their loved ones. When a person suffers a debilitating injury, family members often endure tremendous emotional and psychological trauma due to loss of companionship, affection, and intimacy. In the state of California, the spouses and registered domestic partners of accident victims may be able to recover compensation for loss of consortium. Read on to learn the definition of loss of consortium and the types … [Read more...]
Do I Have Grounds for a Personal Injury Claim?
If you’re facing steep medical bills, lost income, and other damages due to an accident that someone else caused, you may be wondering if you have grounds for a personal injury claim. Although each case is unique, there are three elements that must be proven to obtain a financial recovery in all such claims: liability, causation, and damages. In this blog, we’ll define these three terms and explain the elements that must exist for a tort claim to be successful. Proving Liability in a Personal … [Read more...]