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Welcome to the Michael Waks Blog

What Happens If You Leave the Scene of a Car Accident?

September 13, 2019 by

Fleeing the scene of a car accident in California is a serious criminal offense that can result in either misdemeanor or felony charges. Whether or not the crime is prosecuted as a misdemeanor or felony depends on whether the accident caused only property damage (misdemeanor) or a physical injury or death to another person (usually prosecuted as a felony). In this blog, we will discuss: The legal definition of misdemeanor hit and run in California, The penalties of misdemeanor hit and … [Read more...]

California Dive Boat Company Sues to Avoid Liability for 34 Deaths

September 11, 2019 by

The owners of a dive boat that caught fire on September 2 and killed 34 people off Southern California have filed a lawsuit to head off potentially costly litigation. Some observers have condemned the move, saying it is disrespectful to the families of the deceased. The lawsuit was filed in U.S. District Court in Los Angeles by Truth Aquatics Inc., the company that owned the Conception, under a 19th-century provision of maritime law that allows vessel owners to limit their liability. The law … [Read more...]

4 Essential Tips for Avoiding Bicycle Accidents

August 21, 2019 by

Riding a bike is fun, healthy, and environmentally conscious. That's probably not news if you've ever ridden one, but neither is the fact that cyclists are vulnerable to serious injury or death when bicycle accidents happen. While there’s always a chance that you’ll encounter a negligent driver while riding, there are steps you can take to reduce your risk and to mitigate the severity of injuries if you are involved in a crash. Read on to learn four key safety tips that all cyclists should … [Read more...]

Types of Witnesses in Personal Injury Cases

August 19, 2019 by

Sometimes the process of recovering a fair settlement after a personal injury is relatively straightforward. If all parties agree on the pertinent facts, the injuries aren’t that serious, and there’s strong evidence to prove liability, causation, and damages, the opposing party might pay a settlement without much contention. But when the damages are significant or there’s a dispute regarding fault or causation, it is often necessary to bring in various witnesses to provide deposition and … [Read more...]

Are Punitive Damages Recoverable After a Drunk Driving Accident?

August 16, 2019 by

If you were hurt in a car accident through no fault of your own, you may be entitled to both compensatory and punitive damages. Compensatory damages include hospital bills, lost income, pain and suffering, and other economic and non-economic damages stemming from the collision. Punitive damages are intended to punish the at-fault party and to deter similar transgressions in the future. While compensatory damages are awarded in any successful personal injury case, punitive damages are only … [Read more...]

What Is Loss of Consortium?

August 14, 2019 by

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 … [Read more...]

What Evidence Should I Gather After a Car Accident?

August 9, 2019 by

Every car accident claim is unique, but strong evidence is always the key to winning a settlement or verdict. Unfortunately, much of the evidence needed to support your claim may be time-sensitive, and it’s not uncommon for certain evidence to be withheld—especially if the liable party is in possession of such evidence. To give your case the best possible chance of success, it’s important that you gather evidence while at the scene if you are able to do so. You should also contact a … [Read more...]

Who Can File a Wrongful Death Claim in California?

August 7, 2019 by

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...]

Does Strict Liability Apply to Dog Bite Cases in California?

August 2, 2019 by

In the state of California, dog owners are almost always strictly liable for the damages their dogs cause in the event of an attack. As such, dog bite victims typically do not have to prove the owner was negligent in order to recover compensation for medical bills, lost income, and other damages. Unlike other states, California does not have a “one-bite rule.” That means dog owners can be held strictly liable for damages even if their animal had never bitten anyone or displayed vicious … [Read more...]

What Circumstances Might Warrant a Premises Liability Claim?

July 31, 2019 by

If you or a member of your family was injured while on another person’s property, you may have grounds for a premises liability claim. Property owners—and sometimes their tenants—have a duty to maintain their premises to a reasonable standard for both invitees and licensees. Even trespassers who suffer injuries may have grounds for a claim depending on the circumstances. Property owners and possessors who allow invitees onto their premises have a duty to conduct periodic inspections for … [Read more...]