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What Is the “Act of God” Defense Against Personal Injury Claims?

October 19, 2018 by

A serious personal injury accident can cripple the finances of even a fairly well-off family. Medical bills, lost income, and other damages add up quickly. Victims injured due to another person’s negligence, expect that individual’s insurance company to cover at least a portion of their losses. When you file a personal injury claim, the other side will try everything to reduce the amount they have to pay you. They will try to use several defenses to avoid paying you anything. One such defense … [Read more...]

The Long Beach Law Office of Michael D. Waks Announces Winner of 3rd Annual Essay Contest for Students Living with A Disability

August 16, 2018 by

Attorney Michael D. Waks is pleased to award $1,000 to Kristi Alarcon, the winner of the 3rd Annual Michael D. Waks Essay Contest for students living with a disability. Disabled high school seniors and undergraduates attending a 2 or 4-year accredited university or college, were invited to participate. Kristi Alarcon of Long Beach has been selected the winner of the 2018 Essay Contest. Kristi is a third-year student at California State University, Long Beach, studying journalism and … [Read more...]

Motorcycle Riders Can Be Awarded Damages When They Don’t Wear Helmets

August 9, 2018 by

Motorcycle riders must be more vigilant about safety than vehicle drivers. Despite motorcycles having the same rights and responsibilities as passenger vehicles, a motorcyclist seems to have a heightened responsibility to prevent a motorcycle accident. This is an unfair burden, especially since vehicles cause most collisions between cars and motorcycles. Why Do Cars Hit Motorcycles? The main reason cars cause motorcycle accidents is that drivers don’t see the motorcycles. Most passenger vehicle … [Read more...]

How Often Do Accidents Cause Traumatic Brain Injuries?

August 3, 2018 by

Traumatic brain injuries (TBI) are more common than most people think. Doctors diagnose TBI in more than 2.5 million emergency room visits each year. Almost 50,000 people die in the U.S. each year because of TBI. How do all these brain injuries happen? According to the Centers for Disease Control and Prevention (CDC), personal injury accounts for 2/3 of all TBI-related injuries and death. Falls Are The Main Cause of TBI Within the broad category of personal injury, falls are the number one cause … [Read more...]

When Can A Driver Avoid Car Accident Liability Because of An “Act of God”?

July 11, 2018 by

Drivers who cause car accidents blame many things. At-fault drivers often blame the weather, bushes and trees, road conditions, highway workers, cyclists, pedestrians, and other drivers. Occasionally they blame God. In my 35 years of advocating for accident victims, I have seen a few cases where drivers tried to avoid car accident liability by claiming that act of God caused the crash. Is an "Act of God" a Defense to Car Accident Liability? Car insurance policies may exclude acts of God from … [Read more...]

Understanding Drowning Myths Prevents Swimming Pool Accidents

July 9, 2018 by

Drowning is the leading cause of death of California children younger than 10. During the summer, many children spend their days in and around swimming pools. Swimming pool accident prevention experts recommend that property owners, parents, and children’s caregivers understand the myths about child drownings and implement layers of protection to keep children safe. Swimming Pool Accident Myth # 1: Drowning Victims Splash and Make Noise The biggest myth about drowning is that the victim will … [Read more...]

Is a Landlord Liable If A Tenant’s Dog Bites Someone?

July 6, 2018 by

California dog owners are responsible for all damages resulting from their dogs’ bites. That sounds straightforward. Unless you are the dog bite victim and the dog’s owner is a tenant without insurance. In that case, you may wonder about landlord liability for dog bites. Determining liability is important to victims because the liable person must pay for the victim’s injuries. Dog bites can cause serious scarring and permanent damage. Injuries may require multiple surgeries. Dog bites can leave … [Read more...]

Who Pays for Injuries Caused By Poor Road Conditions?

July 2, 2018 by

Poor road conditions are costly and dangerous. One auto insurance industry study looked at car damage and injuries caused by poor road conditions from 2009 to 2014. It concluded that over five years, the price tag for automobile damage resulting from potholes was at least $27 billion. The study found that 50% of vehicle owners experienced auto damage attributed to potholes. In addition to vehicle damage, potholes can lead to serious head, neck, and spine injuries. The impact of hitting a deep … [Read more...]

How long will it take to settle my car accident claim?

June 29, 2018 by

Most auto accident victims want to put the trauma of a car crash behind them as quickly as possible. When potential clients talk to me about their car accident, one of their most pressing questions is “How long will it take to settle my car accident claim?” When I explain that the answer depends on many factors and I don’t yet have enough information to answer, their next question is “What is the average time for a car accident settlement?” Because every car accident is unique, there is no … [Read more...]

Car Accident Injury Claim: Settle or Sue in Court?

June 27, 2018 by

After suffering the pain and injury of a serious car accident, it is natural that you want to obtain compensation quickly. You have medical bills to pay. Working is difficult or impossible. The mortgage is due. That is why many people decide to settle out of court instead of sue for their car accident injuries. But before you decide to take a settlement for you car accident claim, I want to explain critical factors to consider first. Careful thought is required when it comes to deciding to … [Read more...]