Dog Bite Homeowners Insurance Claims: Am I Covered?

June 4, 2018 by Michael Waks

Dog bites are more common than most people would think. Dogs bite 4.5 million people each year. About 20% of these dog bite victims require medical attention. If a dog recently bit you, you may wonder if the dog’s owner has dog bite homeowners insurance. In California, dog owners are responsible for all damages resulting from a dog bite. A dog owner’s homeowners insurance usually pays for bite victims’ medical care and related damages. If the dog owner is not insured, or the insurance limits … [Read more...]

Who pays the vet bills when one dog bites another dog?

June 1, 2018 by Michael Waks

In California, a dog owner is responsible for any injuries caused when their dog bites a person. But what if the dog bite victim is another dog? California’s dog bite law does not apply to situations where one dog bites another dog. Despite this, when a dog bite victim is a canine, the victim’s owner can often recover damages. California Dog Owners Are Strictly Liable for Dog Bites California’s dog bite statute says “(a) The owner of any dog is liable for the damages suffered by any person … [Read more...]

Can I sue if I signed a “not responsible for accidents” waiver?

April 25, 2018 by Michael Waks

Activities including beach rentals, bungee jumping, and gym memberships require accident waivers. If you get hurt in one of these activities, does a “not responsible for accidents waiver” mean that the business owner doesn’t have to pay for your injuries? The correct answer is “it depends.” Most people don’t realize that a liability waiver is a legal contract between the person signing it and the business (or individuals) named in the waiver. This means that if the liability waiver meets … [Read more...]

Do warning signs protect property owners from liability?

April 20, 2018 by Michael Waks

Victims who are hurt on someone’s property have several hurdles to clear before they can recover damages for their injuries. Property owners will assert many defenses to avoid responsibility for causing the accident. One defense is the presence of a Not Responsible for Accidents or Injuries sign. What is a Not Responsible for Accidents or Injuries sign? Disclaimers, warnings, and notices about risks are found in many public places and businesses. Regardless of how they are worded, they … [Read more...]

Fatal Car Accident Reports Show Distracted Driving is a Big Problem

April 18, 2018 by Michael Waks

Distracted driving kills about one Californian per week. Nationally, in 2015, almost 3,500 fatal car accident reports involved a distracted driver. In addition to the tragic human loss, the economic loss from distracted driving is staggering: approximately $46 billion per year. Compounding the tragedy is the fact that distracted driving auto accidents are completely preventable. So why do they still account for 10% of fatal car accident reports? Fatal Car Accident Reports Indicate No Reduction … [Read more...]

Five Reasons Your Personal Injury Claim May Be Denied

April 6, 2018 by Michael Waks

“Personal injury” is an often-used term that means different things to different people. In my 35 years serving as a personal injury attorney, personal injury claims have ranged from physical harm caused by a vehicle accident, a chemical burn injury, dog bites, defective productive liability, to slip-and-fall and swimming pool accidents. One constant in personal injury cases, regardless of the accident type, is the insurance companies’ attempts to deny claims. The insurance … [Read more...]

How do I get compensated after getting hit by an out-of-state driver?

April 4, 2018 by Michael Waks

If you are in a car accident, do not leave the scene without getting the other driver’s contact and auto insurance information. If you start to exchange information and see that the other driver is not from California, you may wonder “How do I get compensated after getting hit by an out-of-state driver?” A driver’s state of residence should not impact a car accident victim’s ability to obtain compensation. A driver properly insured in one U.S. state is insured in all 50 states. If the costs of … [Read more...]

Will My Car Accident History Hurt My Recent Car Accident Claim?

March 28, 2018 by Michael Waks

If you have been hurt in a car accident, and it wasn’t your first accident, you are probably wondering how your car accident history might affect your claim. In most cases, your car accident history will become a focal point of the case. This is true even if the other driver was 100% at fault. Insurance Only Pays For Injuries Caused By The Car Accident Whenever a driver hurts someone, the victim’s health becomes a primary issue. Physical and psychological injuries provide the basis for most … [Read more...]

What compensation will I receive after getting hit by a car?

March 23, 2018 by Michael Waks

On average, American drivers will be involved in four car accidents during their driving years. These accidents include one vehicle hitting another or a vehicle hitting a stationary object. They also include accidents where a vehicle hits a pedestrian or bike. Under California law, the person who causes the accident is at fault and must pay the accident victim's damages. The at-fault driver’s insurance pays up to the policy limits. After that, the driver is personally liable for any remaining … [Read more...]

Will Banning “Texting While Walking” Prevent Pedestrian Accidents?

March 21, 2018 by Michael Waks

Traffic accidents are killing pedestrians in record numbers. In 2016, pedestrian deaths reached their highest level since 1990. The 5,987 pedestrian accident fatalities in 2016 represented an 11% increase in deaths from 2015 and a 27% increase from 2007. Pedestrian accident attorneys have seen the devastating impact on families when cars kill or seriously injure pedestrians. The 2017 pedestrian accident death rate maintained the 25-year-high of nearly 6,000 fatalities in a year. Researchers, … [Read more...]

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