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What Must Be Proved to Win a Defective Product Case?

January 25, 2016 by

Someone who is injured by a defective product such as a vehicle, drug, stroller,  or medical device, is entitled to compensation for his or her economic and non-financial losses.  Victims may file a civil lawsuit against suppliers, distributors, manufacturers of products, and manufacturers of parts to recover their damages. To prevail in a defective product case, plaintiffs must demonstrate they were harmed as a result of a defendant's breach of legal duty or failure to fulfill a … [Read more...]

Three Causes of Injury Store Owners Could Be Responsible For

January 21, 2016 by

Store owners have a legal duty to take reasonable steps to keep customers safe.  When a store owner fails to fulfill this legal duty and as a result someone is injured, the victim can sue to be compensated for his or her losses.   First, victims have to show the store owner knew or should have known there was a dangerous condition.  Victims must also show the store owner failed to take reasonable steps to correct the hazard or warn visitors about it; and that injuries occurred as a direct … [Read more...]

Understanding the Causes and Risks of Side Impact Crashes

January 20, 2016 by

Side impact collisions are often caused by negligence or carelessness on the part of motorists.  These types of crashes are some of the most dangerous collisions that occur.  The side of a vehicle, unlike the hood, is not able to absorb much of the impact from a collision. Victims can be badly hurt or killed, and compensation is necessary to provide for treatment or to take care of family members left behind. To determine if it is appropriate to pursue a case for compensation after a side … [Read more...]

Car Accidents Caused By Medical Emergency: Who Is to Blame?

January 19, 2016 by

Car accidents are usually caused by a driver making a careless or negligent choice.  Sometimes, however, a crash happens because a driver has a medical episode like a heart attack or a seizure. When this occurs, it is imperative to determine if the incident was simply an unavoidable Act of God for which no one was to blame, or if the driver was negligent for  driving despite having a high-risk medical condition. Cases involving car accidents caused by medical emergency can be complicated.  A … [Read more...]

Can a Car Accident Lawyer Use Demand Letters to Settle Claims

January 12, 2016 by

A car accident lawyer helps crash victims obtain full and fair compensation for all their losses.  While attorneys can and do take cases to court on behalf of clients, most car accident claims don't proceed all the way through the litigation process.  Most cases settle outside of court with an insurer paying a negotiated amount to accident victims, and the victims signing a release of liability as a condition of the settlement. Fair Claims Settlement Practices … [Read more...]

Can I Sue for Drug Side Effects?

January 11, 2016 by

Medications, prescription and non-prescription, are supposed to be safe when you use them as directed.  Some medications have potential side effects.  Patients need to be given the opportunity to make an informed choice about whether to use a particular medication and take the risk of experiencing the related side effects.  Unfortunately, sometimes dangerous potential risks of a drug are not disclosed. Victims who endure harm from using a medication can sue for drug side effects provided the … [Read more...]

Does a Car Accident Lawyer Handle Cases Related to Unsecured Cargo?

January 7, 2016 by

Drivers have many obligations on the road.  As the California Driver Handbook makes clear, one of the duties drivers have is to “not drive a vehicle so loaded, either with property or people, that you cannot control it, or see ahead or to the sides of your vehicle.”  Driving with an unsecured load is both a safety hazard and illegal under California Vehicle Code section 24002(a).  These rules about the safe transport of cargo apply to passenger cars.  There are … [Read more...]

What Will an OSHA Inspection Entail?

January 6, 2016 by

The Occupational Safety and Health Administration (OSHA) is charged with making sure employers follow guidelines for protecting employees and creating a safe worksite.  OSHA conducts periodic routine inspections as well as investigations when reportable injuries or fatalities occur on-the-job.  If an employer is found to be in violation of workplace safety rules, OSHA can levy fines and impose other penalties.  Employers can also be put on a Severe Violators list and become subject to more … [Read more...]

What if I Was injured in a Hit-and-Run Accident?

January 5, 2016 by

Drivers involved in collisions in California are expected to stop and exchange insurance and contact information with other involved motorists.  In cases where an injury or death occurs if a driver fails to stop, that driver may face criminal charges for a hit-and-run accident. Victims of a hit-and-run accident can face many challenges in seeking compensation for crash related losses. First and foremost, the accident victim may be unable to find and/or identify the … [Read more...]

Do Trucking Laws Affect Your Personal Injury Case?

December 23, 2015 by

Drivers of commercial trucks are required to follow all state traffic safety laws as well as the federal laws found in the Federal Motor Carrier Safety Regulations.  Federal laws address a wide range of issues from suspension of a driver's license for impaired driving, inspection requirements for trucks to record-keeping requirements for trucking companies. Trucking laws affect your personal injury case in many important ways, so if you have been in a truck crash, it is important to hire a Long … [Read more...]