Category: Personal Injury — Page 21 of 23

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 activities will be limited in … [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...]

In the state of California, the victim of an auto accident or other injuries caused by negligence can be compensated for pain.  Determining an appropriate amount of compensation is difficult, as measuring pain is subjective.  Keeping a pain journal after an accident can be invaluable in helping to demonstrate the extent and the duration of the pain suffered. Why You Should Keep a Pain Journal After An accident California Civil Jury Instructions 2095A addresses physical pain and mental suffering. … [Read more...]

If you get hurt at work, you may not be able to file a civil personal injury lawsuit like you can when you are hurt in any other situation. Instead, you may be restricted to filing a workers' compensation case. A workers' compensation claim can, in some ways, provide broader protection to injured victims.  However, you will not get the same amount of compensation or the same level of benefits from workers' comp as you would if you were able to file a civil … [Read more...]

When you file a lawsuit, the period between filing the case and presenting your case in court is very important. During this time period, you must conduct an investigation, obtain evidence, and put together compelling legal and factual arguments to convince the judge or jury to side with you in trial. The process of gathering and obtaining evidence and interviewing witnesses is called discovery.  The California Civil Discovery Act provides details on how discovery works in civil lawsuits … [Read more...]