Mediation vs. Arbitration vs. Mandatory Settlement Conferences in Personal Injury Cases

June 29, 2021 by Michael Waks

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

June 22, 2021 by Michael Waks

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...]

Can I Hold a Dram Shop Liable for a Drunk Driving Accident?

June 15, 2021 by Michael Waks

Roughly 1 out of 4 motorists who are convicted of DUI are repeat offenders. Because insurance premiums tend to increase after a Drunk Driving Accident conviction, many of these drivers are uninsured or underinsured. If you were struck by an impaired motorist who doesn’t have enough insurance to cover the resulting damages, you may be wondering how to cover your losses. Unfortunately, defendants in these cases usually do not have the personal assets to pay for the damages they cause, though … [Read more...]

Exacerbation of Preexisting Asymptomatic Conditions in Personal Injury Cases

June 8, 2021 by Michael Waks

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

June 1, 2021 by Michael Waks

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

May 25, 2021 by Michael Waks

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?

May 18, 2021 by Michael Waks

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...]

Who Can I Sue If My Child Was Injured on Playground Equipment?

May 12, 2021 by Michael Waks

From broken glass to poorly maintained equipment, there are all sorts of hazards that can cause serious injuries on playgrounds. If your child was hurt in a playground accident, you may be wondering if you have grounds for a personal injury claim and who might be liable. The best way to get the answers you seek is to schedule a free consultation with a playground injury lawyer. Read on for the answers to some general FAQs about these cases: 1. Who can I sue if my child was injured on playground … [Read more...]

6 FAQs About Pedestrian Accident Wrongful Death Claims

May 11, 2021 by Michael Waks

Every 90 minutes, a pedestrian is struck and killed by a motorist in the United States. People on foot are incredibly vulnerable in traffic crashes because they have zero protection from the force of impact. As such, even low-speed collisions have the potential to cause debilitating injuries and even death. If your loved one died from accident-related injuries that he or she sustained while on foot, your family may have grounds for legal action. Let’s take a look at the answers to some of the … [Read more...]

When Are Liability Waivers Enforceable in California?

April 5, 2021 by Michael Waks

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...]

Welcome to the Michael Waks Blog