A personal injury lawsuit after a slip and fall claim allows a victim of fall injuries to secure compensation for losses. Plaintiffs have the burden of proving several elements of a slip and fall claim if they wish to be paid for their financial and non-economic damages. Notice - the property owner or tenant's knowledge of a dangerous condition - in slip and fall cases is one of the things a plaintiff must prove in a slip and fall case. Notice can be proven by showing the owner or tenant's … [Read more...]
Will My Injury Be a Workers’ Compensation Case?
If you get hurt at work, you may not be able to file a civil personal injury lawsuit like you can when you are hurt in any other situation. Instead, you may be restricted to filing a workers' compensation case. A workers' compensation claim can, in some ways, provide broader protection to injured victims. However, you will not get the same amount of compensation or the same level of benefits from workers' comp as you would if you were able to file a civil … [Read more...]
Legal Terms Used in Slip and Fall Cases: A Guide for Plaintiffs
Legal Terms Used in Slip and Fall Cases: A Guide for Plaintiffs by Michael Waks If you or a loved one has been injured in a slip and fall accident, it is wise to understand these legal terms used in slip and fall cases. … [Read more...]
Are Some Dog Breeds Excluded from Insurance Policies?
Dog bites can cause disfigurement and permanent injuries. A bite can have emotional ramifications for victims who may re-live the attack. Children can be especially susceptible to physical and emotional injuries, including permanent scarring, as a result of a bite incident with a canine. Dog owners can be held responsible for all losses victims experience, with California law imposing strict responsibilities on dog owners. In most cases, homeowners or renters insurance … [Read more...]
Electrical Injuries and Electrocution on the Job
According to Electrical Safety Foundation International, approximately 4,000 people are injured on the job each year due to electrical hazards, and 400 people die from those injuries. That means, on average, more than one American worker dies from electric shock each day, making electrocution the fifth leading cause of workplace fatalities. Electrical injuries cost over $4 billion a year in economic losses, and cause electrical accident victims serious, painful, long term injuries or … [Read more...]
Why Do You Need an Attorney to Handle Your Auto Accident Case?
In 2012, 36 percent of people who made a personal injury claim after a car accident had a lawyer representing them in their case. This number, from the Insurance Research Council, indicates a dramatic shift in the number of auto accident victims people who hire a lawyer when seeking compensation for their injuries. More than double the number of people hired lawyers for personal injury claims after car accidents in 2012 than hired attorneys for claims in 1977. The search also … [Read more...]
Free Report: California Pre-Trial Discovery and Depositions
When you file a lawsuit, the period between filing the case and presenting your case in court is very important. During this time period, you must conduct an investigation, obtain evidence, and put together compelling legal and factual arguments to convince the judge or jury to side with you in trial. The process of gathering and obtaining evidence and interviewing witnesses is called discovery. The California Civil Discovery Act provides details on how discovery works in civil lawsuits … [Read more...]
What is Causation and How Does It Apply to Injuries Claimed from An Accident?
Causation is an essential part of every civil tort lawsuit case. Whenever you file a case to recover compensation for injuries, you must prove causation. Causation must be proved in claims based on negligence, where you assert a defendant was unreasonably careless. Causation must also be proved in strict liability claims and in civil cases based on intentional wrongdoing. What Does Causation Mean in a Long Beach Injury Claim? In the simplest terms, causation in injury claims means … [Read more...]
Civil Lawsuits for Sexual Abuse
In 2005, famous comedian Bill Cosby testified in a civil lawsuit brought against him by a former employee of Temple University. The civil lawsuit arose out of claims that Cosby tricked the plaintiff into taking drugs and then subsequently sexually assaulted her. In Cosby’s testimony, he admitted that he had obtained seven prescriptions for Quaaludes in the 1970s and that he had thought about using the drugs on women who he wanted to engage in sexual behavior. While he did not admit to giving … [Read more...]
Who is Legally Entitled to Make Medical Decisions for a Brain Injury Victim?
Brain injuries can result in a concussion and loss of consciousness. A brain injury victim may suffer permanent cognitive impairments and loss of function. As a result of the nature of brain injuries, victims who sustain this type of injury often lack the capacity to make medical decisions on their own behalf. When a victim can no longer understand the risks and benefits of medical treatment, or can no longer communicate his wishes about medical treatment, someone else will need … [Read more...]
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