Automobile insurance is something that usually resides in the background of people’s lives. People purchase insurance and pay ongoing premiums, but don’t think much about it beyond that. People do, however, expect it to be there when they need it. Unfortunately, some drivers with auto insurance find that when they make a claim, their insurance isn’t there for them. Their claims are denied because they weren’t completely honest when they applied for their insurance policies. If your insurance … [Read more...]
Lost Earnings Claim: What Type of Evidence is Needed?
You are cruising home from your job at 5 pm. Suddenly, a truck slams into you from behind at a traffic light. Your car is wrecked. Worse, you have a broken arm and leg. Working is out of the question for at least six weeks. These serious personal injuries may prevent you from paying your mortgage and other bills. The financial devastation could cripple your family. In cases such as this, filing a personal injury claim can help you obtain compensation for your lost income. Keep reading to learn … [Read more...]
Are There Really A Lot of Frivolous Personal Injury Cases?
Claims that there is an epidemic of frivolous lawsuits have become common place. Frivolous lawsuits, ones with no legal basis, are said to be clogging courts and costing taxpayers billions. But is that really true? The short answer is no. But as a Long Beach personal injury attorney, I have seen defendants discount the legitimacy of valid lawsuits by calling them frivolous. Several mechanisms built into the legal system help prevent, dismiss or correct frivolous cases. Strangely … [Read more...]
How Do Pre-Existing Conditions Affect Personal Injury Claims?
When treating an accident victim, doctors sometimes find a pre-existing condition. This diagnosis can be surprising if that condition was asymptomatic. As a Long Beach personal injury attorney, I have represented many clients who had no idea they had a pre-existing condition until it was worsened by an accident. Victims who discover they have a pre-existing condition need to understand it's impact on their injury case. In California, a 1977 case called Ng v. Hudson explains how pre-existing … [Read more...]
Arbitration or Mediation: The Next Step if Your Case Doesn’t Settle
Are you worried your personal injury case won’t settle? Although the vast majority of lawsuits settle, some do not. If yours is one of those cases, you have a decision to make. Litigation can be expensive, time consuming and emotionally draining. That is why, as a personal injury attorney, when appropriate, I recommend alternative dispute resolution, such as arbitration or mediation. Many people don’t understand exactly what arbitration and mediation are. Both are alternatives to a … [Read more...]
Michael D. Waks Essay Contest Winner
This summer, the Law Office of Michael D. Waks held it's first annual Essay Contest for students living with a disability. Disabled Los Angeles County high school seniors and students attending a California accredited college or university, competed for the $1,000 scholarship. Participants wrote about the educational challenges presented by their disability, how they overcame them, and how their disability has influenced their educational and career path. The theme of the essay contest … [Read more...]
Was Someone’s Carelessness to Blame for Your Injury Accident?
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 unprotected pool. Why Should Pool Owners Be … [Read more...]
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