How Can You Prove Negligence? by Michael Waks Plaintiffs in personal injury lawsuits must prove the defendant was negligent, and that negligence lead to the accident. Negligence per se is a legal doctrine plaintiffs can use to help establish that the defendant was negligent. … [Read more...]
Slip and fall injuries are one of the most common injuries leading to a premises liability claim. California premises liability laws allow victims who suffer a fall, or other injury on property, to make a case for compensation. As a slip and fall lawyer it is my job to determine if negligence was the direct cause of a fall injury. When it is, victims should be compensated for current and future medical costs, lost wages, pain, emotional distress, and other economic and non-financial … [Read more...]
Passengers in a car trust the driver to keep them safe. They also rely on motorists in surrounding vehicles to drive safely and follow traffic laws. Unfortunately, as a car accident lawyer I have seen passengers severely injured or killed when drivers fail to exercise reasonable care, or violate the rules of the road. Passengers aren't in control of the car they are riding in and cannot do anything to avoid accidents. As a result, when there is a crash, someone else is always at fault. … [Read more...]
How Will Trucking Laws Affect Your Personal Injury Case? by Michael Waks The key requirement in a personal injury claim is to prove the truck driver was negligent. Sometimes there is a question about who is to blame for an accident, but if a truck driver breaks a safety law, there is a presumption of negligence. … [Read more...]
If you were involved in a car accident, you may find yourself experiencing pain in your jaw. Many people do not immediately connect their jaw pain to the car crash, but jaw pain following a car accident is common. This is because car crashes can cause a condition known as Temporomandibular Joint Disorder, or TMJ. If you are having jaw pain after a collision, you need to see a doctor to get an accurate diagnosis and treatment. You may also need to consult … [Read more...]
In most personal injury lawsuits, the plaintiff must specifically prove that someone's negligence caused an accident and related injury. The simple fact that an injury occured does not automatically mean someone was negligent, or unreasonably careless. Plaintiffs can prove negligence by showing a defendant breached a legal obligation aimed at ensuring safety. Plaintiffs can also prove negligence by showing the defendant was more careless than he should have been. There are different … [Read more...]
Were You Hurt In a Car Accident While Driving Without Insurance? by Michael Waks A liability insurance policy covers damages to another person caused by the at-fault driver in a car accident. California requires all drivers to carry liability insurance. What happens when an injured victim does not have insurance? Find out in this presentation. … [Read more...]
When a company makes a defective product, it should be held accountable for the resulting damages. It should also recall the product once the defect becomes apparent, removing it from the shelves before more people get hurt. Unfortunately, in my years as a personal injury attorney, I have seen companies wait to recall products or not pull dangerous products from shelves at all. When these companies are sued, they often make confidentiality a condition of the settlement. This … [Read more...]
When plaintiffs file a civil lawsuit to recover compensation for injuries, the case is generally decided by a jury, if it does not settle. A jury is chosen from among eligible members of the public to serve in a particular trial. The decision made by the jury is going to determine whether a plaintiff is able to recover compensation or not, so it is imperative that the jury be unbiased, impartial, able to understand the law, and able to make a fair decision on the outcome of the case. Voir … [Read more...]
Drivers on the roads of California must follow all laws in the California Vehicle Code. These laws are designed to reduce high-risk behavior, thereby reducing the chance of an auto accident. Motorists are expected to drive safely and not engage in careless or negligent behavior. As a car accident lawyer, I can say that does not always happen. California's car accident laws are called fault laws because if a driver is careless or does not follow safety rules and causes an accident, he or … [Read more...]
