Personal Injury Blog
Injured on the job in California
If you were injured while under the scope and course of your employment, you can collect benefits for being off the job and paying for medical expenses from your employer if they have a worker's compensation insurance policy. California requires any entity which...
Steps to take immediately following an accident
The most important steps to take immediately following an accident What you do directly after sustaining a personal injury can have a major impact on any claim you make. Obviously, the most important first step is to obtain the medical treatment you need, but if you...
Public Entity Claims
Ordinarily, plaintiffs have some protection against statutes of limitation involving unknown defendants. The use of "doe" defendants can allow plaintiffs to preserve a statute of limitation and then amend later to turn a "doe" into a named defendant: so long as the...
Information for Victims of Dog Bites
A dog bite can cause serious and irreparable damage, especially if it is not treated immediately. If you are the victim of an attack by a canine the American Veterinary Medical Association ("AVMA") suggests that you seek medical treatment immediately, after which you...
A lawsuit has been filed in my case. Now what?
In California, once a summons and complaint has been filed and served on the defendants they must answer within thirty days of being served. Assuming they do, the parties usually engage in mutual discovery in which they exchange documents and testimony in support of...
What’s a deposition?
I have been told I need to attend a deposition. What's a deposition? A deposition is a legal proceeding in which a person, the "deponent," is questioned by the other parties in the case or those parties' attorneys. A deponent can be a party to the action or a...
What is a loss of consortium?
A loss of consortium arises when one's husband or wife is injured to such a degree that the injured spouse can no longer provide the "love, affection, companionship, comfort, or sexual relations" they were able to prior to the injury. This could mean the spouse was...
Does a felony conviction impact your civil case?
What impact, if any, does a past felony conviction have on a civil case? Someone with a past felony conviction(s), which has not been expunged, sealed or otherwise made inaccessible to the public will have to admit to them when/if asked by the other side. Failing to...
Help for elders who are victims of violent crimes in California
If you are a California resident aged 65 or older and were the victim of a violent crime you may be entitled to compensation for expenses actually incurred from the California Victim Compensation Program (CalVCP). Additionally, if you are the spouse, domestic partner,...
The driver who hit me fled the scene or was not insured and has no assets, what do I do now?
You may still be able to recover your damages if your own policy has an uninsured/under-insured motorist ("UM" and "UIM," respectively) policy. You must first exhaust any worker's compensation policies that may be in effect if you were on the job at the time of the...
What are my recovery rights in a product liability claim with no personal injuries?
Product liability claims can only be for property damage, however the recovery tends to be narrower and more strictly defined than when there is a personal injury. It is possible to include the loss of the defective product itself, i.e. the cost of the item, but this...
I was hurt by someone on private property, can I sue the 3rd party landowner?
Generally speaking, California law allows you to make a claim against the owners and/or possessors (e.g., lessees) of property who have "failed to take reasonable steps to secure its property against criminal acts by third parties." For example, a tenant who is mugged...
Child Sexual Abuse and Civil Torts
There are two ways to go about litigation in a child sexual abuse case, through the civil justice system or the criminal justice system. [1] With Civil litigation the defendant is held responsible for personal damages against the victim and/or victim’s legal guardians...
Product Liability Claims
Product liability law provides a way for people to seek personal damages from injuries caused by faulty products. Depending on the circumstance for which the product was faulty, one could sue “any or all parties along the chain of manufacture.” [1] A manufacturer can...
Personal Injury Statutes of Repose
Victims of an accident are often shocked to find that, having waited too long to take action against the party responsible for their injuries, they are statutorily barred from doing so. These so-called “statutes of limitation” assign strict times in which to file a...
Toxic Torts: An Introduction
A tort is “a civil wrong that the law recognizes as deserving a remedy.” [1] The tort system holds a tortfeaser, or party who committed a civil wrong, responsible for providing monetary compensation to the injured party. [1] With the definition of tort in mind, a...
Accutane Lawsuits
Originally studied in the 1960’s as a cancer treatment, researchers at Hoffman-La Roche accidentally discovered the benefits of 13-cis retinoic acid, or isotretinoin, in clearing up acne. It became evident that the teratogenic chemical was useless in treating cancer...
The majority of motorcycle crashes with other vehicles are not the motorcyclist’s fault
A study by the National Highway Traffic Safety Administration (“NHTSA”) found that, “While occupant (and nonoccupant) fatalities [in cars] have decreased, motorcyclist fatalities have steadily increased” (Motorcycle Crash Causes 1). Even as innovative technology is...
Checklist to Bring on First Attorney Visit
Many people are unprepared when they consult with an attorney about their case for the first time. As a result, they may fail to explain their claim in its entirety, or neglect to provide key documents which might prove-up their damages or the liability of the other...
What is my personal injury case worth?
There are myriad factors to consider in determining the potential value of a personal injury claim. Obviously, the extent and nature of the injuries, along with liability, will be the two primary factors guiding the negotiations of a settlement or the finding of a...
Late Notices to Public Entities
in a previous article, some of the immunities that public entities enjoy against civil litigation were considered. A related topic involves thc pre-litigation notice that such entities are statutorily entitled to: with almost no exceptions, lawsuits involving the...
The person who injured me filed bankruptcy. How does this affect my case?
A bankruptcy proceeding filed by the party or parties that injured you can result in a stay of your claim. The defendant may be able to stop your lawsuit against them while their bankruptcy is sorted out and you may have to take your claims to the bankruptcy court. If...
Brain Injury
Motorcycle Injuries
Not only are operators of motorcycles more likely to be injured, but they are more likely than other motorists to suffer from many debilitating or permanent injuries. A rider should always wear the proper protective gear when on a motorcycle, but despite such...
Failure to disclose real property defects
In California, the courts have held that a failure to disclose physical defects in real property, such as a construction defect or soil erosion, can be the grounds for a lawsuit against the sellers and/or real-estate agents who fail to disclose such defects....
Popcorn Lung
Did you know that eating too much microwaveable popcorn could take away your lung capacity? A Colorado man found out the hard way when he contracted bronchiolitis obliterans or "popcorn lung" from eating too much microwave popcorn made by manufacturer Glister-Mary...
Deadly dog attacks
How much damage can a dog bite cause? A Florida woman nearly lost an ankle when a 100 pound dog attacked her. After multiple surgeries, she even lost three inches from the afflicted ankle. The woman was ultimately awarded $1.26 million for her injuries. Dog bites are...
Slip and Fall Injuries
A faulty set of stairs, a concealed hole along a grassy pathway, an unseen water stain on a dark-colored rug, or even a pedestrian walkway under construction with no detour or warning might cause someone to slip and fall and suffer damages. These injuries can range...
Jury Awards $29.1 million for Nursing Home Abuse
Nursing homes and assisted living facilities have become a common necessity as the population of the US lives longer and requires regular care in their twilight years. Sadly there are some companies that will, in order to increase their profit margin, take advantage...
Do I have to answer interrogatories or appear for a deposition?
A lawsuit can be a time consuming and stressful experience. While an attorney will help alleviate much of the stress, there will come a time where you must testify or provide written and verified responses. It is important to note that while no one can physically...
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