When people act carelessly, others get hurt. Personal injury lawsuits come about because someone's failure to use reasonable care resulted in an injury to someone else. Under CA civil laws, a person can be held legally liable for damages he causes because of his negligence. As a personal injury attorney I see all kinds of accidents which could easily have been avoided if the person at fault had acted responsibly. When determining if a person's conduct was negligent, the foreseeability test … [Read more...]
What Can You Do After a Swimming Pool Accident?
Swimming pool accidents have grave consequences, especially for young children. Each summer we read about the horrors of young children drowning, but near-drownings have their own kind of horror. As a personal injury attorney I have seen families devastated by the wrongful death or injury of a child involved a swimming pool accident. In children ages one to four, only birth defects cause more deaths than drowning. And many victims of near-drownings are left in a … [Read more...]
How Do Insurance Companies Treat Personal Injury Victims?
"How will the insurance company and their defense attorneys treat me after I make a claim?" As a personal injury attorney, I get this question all the time. It is such an important question, that even when a potential client doesn’t ask, I explain it anyway. Why? Because no one should go down the path of litigation without understanding that it is an adversarial process. When you make a claim against an insured after a car accident, slip and fall accident, … [Read more...]
Are Owners Liable For Pool Accident Injuries to Young Trespassers?
Pool owners know they need to ensure their pools are safe for invited guests. But you may be surprised to find out the responsibility to avoid swimming pool injuries can extend to trespassers. Under certain conditions, a pool owner can be held liable for injuries to someone who went into the pool without permission. For instance, as a personal injury lawyer I have seen cases where children have wandered onto someone else's property and drown in an … [Read more...]
Will Your Personal Injury Case Be Heard in a Federal Court?
Personal injury cases are generally heard in state courts. There are some cases, however, that can be tried in a federal court. But just because a case can be filed in federal court, doesn't mean it should be. In the 30+ years I have been practicing as a personal injury lawyer, I have seen that the rules and limitations in Federal Court are generally unfriendly for injured Plaintiffs. If you are the plaintiff in a personal injury lawsuit and the defendant files to … [Read more...]
Can Facebook Ruin Your Personal Injury Case?
The internet is not private. If you are an accident victim making a personal injury claim, you can be sure the insurance company is searching the internet for evidence to use against you. As a personal injury attorney, I have seen claims reduced or denied based upon information an insurance company found on someone's social media page. According to the American Bar Association, courts are generally rejecting the idea that someone's social media accounts are … [Read more...]
Personal Injury Attorney: Can I Sue More than One Person?
Accident victims in California can pursue a damage claim against those who hurt them. Victims can file a personal injury lawsuit, while family members of a deceased victim can make a wrongful death claim. The purpose of a lawsuit is to receive compensation for financial losses, such medical costs and loss of income due to injury, and non-economic losses, such as pain and suffering. The toll a personal injury can have on a victim and his or her family can be … [Read more...]
Can You Sue Multiple People for Causing Your Personal Injury?
Can You Sue Multiple People for Causing Your Personal Injury? by Michael Waks Accident victims can file a personal injury lawsuit against all those who hurt them. Victims will be compensated for their losses if they can prove they were hurt because one or more persons breached a legal duty. … [Read more...]
What Cases Does a Personal Injury Attorney Handle?
California laws help protect people from being injured due to someone else's carelessness or intentional wrongdoing. There are a wide variety of regulations designed to keep people safe. They range from laws on what products can be sold to rules on how people must drive on the roads. There are also laws governing special relationships, like the relationship between a product manufacturer and the consumer and between a doctor and his or her patient. Depending upon the … [Read more...]
How Can You Prove Negligence?
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...]
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