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 testimony.Read on to learn about the types of witnesses who might play a role in personal injury cases:What Is a Percipient Witness?A percipient witness, or “eyewitness,” is someone who testifies about … [Read more...]
What Is Loss of Consortium?
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 few frequently asked questions about these claims:What Does Loss of Consortium Encompass?LoC encompasses the loss of comfort, assistance, care, love, companionship, society, affection, and enjoyment … [Read more...]
Does Strict Liability Apply to Dog Bite Cases in California?
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 tendencies in the past.What Must I Prove to Win a Dog Bite Claim?Each dog bite claim is unique, but there are elements that must be proven in all such cases in order to recover damages. To prevail in a … [Read more...]
Who Might Be Liable for Injuries Sustained at a Pool?
There are all sorts of ways a person can suffer an injury at a swimming pool. Slipping on a wet deck, diving into shallow water, or getting stuck in an unsafe drain can all cause serious and potentially fatal harm. If you or someone in your family was hurt at a swimming pool, you may be entitled to damages including medical bills, lost income, and pain and suffering; however, there are several elements that must be proven in order to recover compensation.One such element is liability. You must present evidence to prove who caused the injury or death. Depending on the circumstances, one or more of the following parties may be liable for damages after a swimming pool accident: The … [Read more...]
Can I File a Pedestrian Accident Claim If I Was Jaywalking?
It’s no surprise why so many people make a habit out of jaywalking. It saves time, and trekking down the road just to reach an intersection can seem overly cautious. Unfortunately, if you were hit by a vehicle while jaywalking, it might be difficult to recover compensation for 100 percent of your medical bills, lost wages, and other damages.In the state of California, pedestrians are generally prohibited from entering a roadway outside of a marked crosswalk, or on an unmarked crosswalk at an intersection so near to a vehicle as to cause imminent danger. Breaking this law is usually considered negligent. Under California’s pure comparative negligence system, the financial recovery in a … [Read more...]
Who Might Be Liable for a Swimming Pool Accident?
A relaxing day by the pool with friends and family can quickly turn tragic when a person suffers an injury or drowns. Swimming pool accidents are, unfortunately, quite common—resulting in hundreds of drownings and thousands of injuries across the United States every year.If you or someone you love was hurt or died at a swimming pool in California, you may have grounds for a personal injury or wrongful death claim. There are several parties who might be liable for such an accident, so your attorney will need to perform a thorough investigation to determine fault and build the strongest claim possible.Read on to learn who might be liable for damages after a swimming pool accident:1. The … [Read more...]
Who Can Be Held Liable for a Bus Accident?
After most car accidents, the insurance company of the at-fault motorist would cover the medical bills, lost wages, and property repairs incurred by the other parties involved, up to the policy limits. But after a bus accident, it’s common for someone other than a driver to be held liable for damages.If you’ve been injured in a collision involving a bus, you might have grounds for a claim against: The bus driver’s employer; The bus driver; The company that was hired to maintain the bus; Someone driving another vehicle; A tour bus operator; A government entity; The designer or manufacturer of the bus or its parts; and/or The school board.Let’s take a closer look at the … [Read more...]
How Soon Should I Visit a Doctor After Suffering a Personal Injury?
There’s always a lot to do after sustaining a sudden injury. If you’re involved in a car accident, for example, you might have to find alternative transportation, get a coworker to cover your shift, and arrange child care. With so much on your plate, it’s tempting to put off your medical evaluation, especially if your symptoms seem manageable. Unfortunately, choosing to delay your doctor’s visit could put both your health and your personal injury claim in jeopardy.Some injuries, such as internal bleeding and brain trauma, can present latent or minor symptoms despite their critical nature. Under many circumstances, getting an early diagnosis leads to a more favorable prognosis.Besides … [Read more...]
When Are Family Members Entitled to Emotional Distress Damages?
In the state of California, personal injury victims have the right to pursue compensation for any economic and non-economic damages they incur. Under some circumstances, a person who witnessed a serious accident also has the right to seek compensation for the negligent infliction of emotional distress—even if he or she wasn’t physically injured.Until 1968, courts typically dismissed emotional distress claims unless the plaintiff could prove the defendant’s conduct placed him or her in harm’s way. But this precedent was broken in the landmark case Dillon v. Legg, which was decided in the California Supreme Court.What Happened in Dillon v. Legg?Dillon v. Legg was a seminal case in the … [Read more...]
Will My Personal Injury Case Go to Trial?
Most Americans would fall behind on essential bills if they miss just one paycheck. If your financial security is in jeopardy after a serious personal injury, you might be tempted to accept the first settlement offer from the insurance company. But if that settlement doesn’t include future medical bills, lost earning capacity, or other damages you’re reasonably certain to incur, accepting it might put you on the path to overwhelming debt.Fortunately, more than 9 in 10 personal injury cases are resolved out of court, which means claimants usually don’t have to go through the hassle of litigation. But in certain scenarios, taking a case to trial is the smartest option. For example, if … [Read more...]
