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...]
What Can I Do to Strengthen My Personal Injury Claim?
If you’re planning to file a personal injury claim, there are steps you can take starting on day one that may increase your chances of recovering a fair settlement. Those steps include: Documenting the scene of the accident; Starting a personal injury journal; Deactivating your social media accounts; Recording all the expenses you incur; Seeking medical care; and Directing all relevant correspondence to your personal injury lawyer.Let’s explore these steps in depth so you know exactly what to do to ensure your personal injury claim has the best chance of success:1. Documenting the Scene of the AccidentMuch of the evidence needed to strengthen your claim may be time … [Read more...]
How to Prove Loss of Consortium
A serious accident can have devastating consequences not only for victims but also for their loved ones. When a person suffers a debilitating injury, family members often endure tremendous emotional and psychological trauma due to loss of companionship, affection, and intimacy.In the state of California, the spouses and registered domestic partners of accident victims may be able to recover compensation for loss of consortium. Read on to learn the definition of loss of consortium and the types of evidence needed to pursue these damages:Definition of Loss of Consortium Loss of consortium refers to the loss of love, companionship, comfort, care, assistance, protection, affection, … [Read more...]
6 Qualities to Look for in a Personal Injury Lawyer
Filing a personal injury claim is a complicated process that’s riddled with legal hurdles. A single mistake could be all it takes to jeopardize your entire case. A personal injury lawyer not only can help you avoid costly errors but can also handle the logistics of your claim—from gathering evidence to negotiating with the insurance company to litigating your case if a settlement cannot be reached.Unfortunately, not all attorneys have the experience, skills, or resources to provide effective representation. Some are overworked and don’t have enough time to devote to each client; others handle cases in many practice areas and don’t have an in-depth knowledge of the case law and statutes … [Read more...]
What Questions Will My Attorney Ask During the Initial Consultation?
Chances are you’ve never had to hire a personal injury attorney before, so you might not know what to expect during the initial consultation. This first meeting is a chance for you to assess the prospective lawyer’s credentials and experience, and to find out if you feel comfortable working with him or her. It’s also an opportunity for you to get answers to your questions and learn what might happen over the coming weeks and months.Your attorney will ask a series of questions to determine if your claim has merit and how to proceed with the subsequent investigation. These questions will also help your lawyer identify any potential weaknesses in your case, anticipate complications that might … [Read more...]
