Category: Personal Injury — Page 20 of 23

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...]

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 private, and are allowing insurance … [Read more...]

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? 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...]

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 relationship between … [Read more...]

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...]

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.  There are different … [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...]