If you’re planning to take legal action after a serious injury or wrongful death in the family, you probably have a lot of questions. The more you understand about the proceedings and what to expect, the less stressful the experience will likely be on you and your loved ones. One common question asked by personal injury victims is, “What’s the difference between a tort claim and a lawsuit?” We’ll provide the answer in this article. The Relationship Between Tort Claims and Civil Lawsuits There … [Read more...]
Do I Have Grounds for a Personal Injury Claim?
If you’re facing steep medical bills, lost income, and other damages due to an accident that someone else caused, you may be wondering if you have grounds for a personal injury claim. Although each case is unique, there are three elements that must be proven to obtain a financial recovery in all such claims: liability, causation, and damages. In this blog, we’ll define these three terms and explain the elements that must exist for a tort claim to be successful. Proving Liability in a Personal … [Read more...]
What Is the Typical Timeline of a Personal Injury Case?
If you’ve been injured and you plan to file a personal injury claim, it’s only natural to wonder what to expect during the proceedings. Although every case is unique, there are some general steps that most cases follow. Those steps can be loosely divided into four stages: Before a lawsuit is filed; Filing a lawsuit and pretrial procedure; Ongoing settlement negotiations; and Trial. The best way to understand the likely course your case will take is to speak with a skilled personal … [Read more...]
What Tactics Might the Insurance Company Use to Dispute My Claim?
If you were seriously injured and either you or the at-fault party carries insurance, you’re probably hoping the applicable policy will cover at least a portion of your medical bills, lost income, and other damages. Unfortunately, insurance carriers will go to great lengths to reduce the amount of compensation they have to pay or to deny claims outright. After all, their profits increase with every dollar they don’t have to pay out. Insurance bad faith laws are intended to prevent insurers from … [Read more...]
How Much Does It Cost to Hire a Personal Injury Lawyer?
It’s easy to underestimate the cost of a serious injury until you experience one firsthand. Hospital bills, lost wages, and other damages can add up to a veritable fortune, and when faced with such financial adversity, it’s only natural to be cautious about your spending. Fortunately, most personal injury lawyers work on a contingency fee basis, so you won’t have to pay anything upfront, and if you don’t win, you won’t have to pay any attorney’s fees. That said, not all law firms have the same … [Read more...]
What Does “Strict Liability” Mean?
Most personal injury claims are founded on the basis of negligence, which means the tortfeasor breached a duty of care owed to the claimant, resulting in his or her injury or loss. But when strict liability applies, proving the defendant was negligent is not a prerequisite to recovering damages. In the state of California, strict liability applies to certain product liability and dog bite cases. Strict Liability in Product Liability Cases A product defect can arise at any stage of the design, … [Read more...]
When Are Punitive Damages Awarded in Personal Injury Cases?
In the state of California, personal injury claimants can pursue both compensatory and exemplary damages. Compensatory damages, which include economic and non-economic losses, are intended to make the injured party “whole” again. Exemplary damages, or “punitive damages,” are only awarded in cases involving particularly egregious behavior. Read on to learn the definition of punitive damages and when they might be recoverable in a personal injury case: What Are Punitive Damages? Punitive damages … [Read more...]
Personal Injury Law: Frequently Asked Questions
General Personal Injury FAQs Premises Liability FAQs Bicycle Accident Claim FAQs Product Liability FAQs Car Accident Claim FAQs Pedestrian Accident Claim FAQs Bus Accident Claim FAQs Motorcycle Accident FAQs Truck Accident Claim FAQs … [Read more...]
3 FAQs About Bus Accident Claims in California
Both private and public buses are relatively safe modes of transportation, but they're certainly not immune to accidents. Collisions involving buses can result in devastating injuries to bus passengers and drivers as well as pedestrians and the occupants of other vehicles. If you were injured or lost a family member in a bus crash, you may have grounds for a personal injury or wrongful death claim. Depending on the circumstances, there are many parties who might be liable for the resulting … [Read more...]
6 Qualities to Look for in a Slip and Fall Attorney
A slip and fall can result in devastating injuries that take weeks or even months to heal. Some victims never make a full recovery. It’s not easy to stay positive when you’re dealing with the physical, emotional, and financial impacts of such a traumatic event, but if another person’s negligence was the cause of your fall, you may be entitled to compensation for medical bills, lost income, pain and suffering, and other damages. The path to a fair settlement is riddled with legal hurdles that … [Read more...]
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