Law Office of Michael D. Waks

In most personal injury lawsuits, the plaintiff must specifically prove that someone's negligence caused an accident and related injury.  The simple fact that an injury occured does not automatically mean someone was negligent, or unreasonably careless.  Plaintiffs can prove negligence by showing a defendant breached a legal obligation aimed at ensuring safety.  Plaintiffs can also prove negligence by showing the defendant was more careless than he should have been. … [Read more...]

When plaintiffs file a civil lawsuit to recover compensation for injuries, the case is generally decided by a jury, if it does not settle.  A jury is chosen from among eligible members of the public to serve in a particular trial.  The decision made by the jury is going to determine whether a plaintiff is able to recover compensation or not, so it is imperative that the jury be unbiased, impartial, able to understand the law, and able to make a fair decision on the outcome of the case. Voir … [Read more...]

When you are injured in an accident and seek help from a personal injury attorney, you will entrust him with a lot of personal information.  You will provide details about the accident and your injuries.  In order to determine your damages, you will also tell him about your earnings, your medical history, and how the injuries have affected your life. Some of what you tell your attorney could be embarrassing or uncomfortable, but you need to speak freely with him so he … [Read more...]

Most personal injury lawsuits settle outside of court.  If, however, a settlement cannot be reached, the case will proceed to trial.  When a civil lawsuit goes to litigation, most often a jury decides if the defendant was negligent and should be held liable for the plaintiff's injuries.  If so, the jury will then determine how much the defendant needs to pay the plaintiff for his or her damages.  Since the case will be in the jury's hands, each side will try to get a jury they believe will be … [Read more...]

Activities like skiing, or organized sports such as football, involve inherent risks.  People who participate in activities with a high likelihood of injury may be restricted in their ability to file a lawsuit if an injury occurs. Participants in dangerous activities are often required to sign liability release forms limiting the legal responsibility of activity organizers in case of injury.  Even when no liability releases are signed, participants in dangerous … [Read more...]

After a car accident, a slip and fall accident, or other type of personal injury accident, a victim sometimes receives a settlement offer from an insurance company.  If an insurer agrees that its policyholder was at fault for an accident and resulting injuries, the company may be eager to settle quickly.  When an injured accident victim gets a settlement offer, it is usually a sign that the insurance company is trying to settle for less than the victim is entitled to. … [Read more...]

What Is A Defense Medical Exam And Will I Need To Have One? by Michael Waks A defense medical exam (DME) is an examination of the plaintiff in a personal injury accident lawsuit by a licensed doctor chosen by the defendant in the lawsuit. The purpose of a DME is to allow the defendant to retain a doctor of their choice to attempt to verify the extent of the injuries the plaintiff is claiming to have suffered as a result of the accident. If you are the victim of a personal injury accident, you … [Read more...]

When you have filed a personal injury lawsuit seeking compensation for your injuries, you need to provide proof of the extent of your injuries and losses.  The attorney for the person or company you have accused of harming you may not be satisfied with the medical evidence you submit. The defense may want you to undergo an examination done by a doctor of their choosing so they can get a better assessment of whether you are exaggerating your injuries or you have legitimately been … [Read more...]

Children love ice cream trucks.  The sound of the tinkling ice cream truck music can send kids running from their homes to flag down the truck so they can buy a treat.  The problem is, children may run into busy streets, or they may be struck by a motorist whose view is blocked by the ice cream truck.  California recognizes the risks presented by ice cream trucks, and has included provisions in the California Vehicle Code imposing rules on ice cream trucks designed to … [Read more...]

What Is Causation? Understanding Personal Injury Cases from Michael Waks In any personal injury or wrongful death case, a plaintiff must prove causation. Proving causation means showing the defendant was the cause of the harm. Learn more about causation this presentation. … [Read more...]