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...]
Category: Personal Injury — Page 22 of 23
Free Report: California Pre-Trial Discovery and Depositions
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...]
What is Causation and How Does It Apply to Injuries Claimed from An Accident?
Causation is an essential part of every civil tort lawsuit case. Whenever you file a case to recover compensation for injuries, you must prove causation. Causation must be proved in claims based on negligence, where you assert a defendant was unreasonably careless. Causation must also be proved in strict liability claims and in civil cases based on intentional wrongdoing. What Does Causation Mean in a Long Beach Injury Claim? In the simplest terms, causation in injury claims means exactly what … [Read more...]
Governmental Entity Cases: Can You Sue A County, City Or State For Negligence?
Governmental Entity cases are unique and complex. State and federal laws permit someone to sue governmental entities for injuries caused by the entity's negligence, but doing so is difficult. I would not recommend that someone try to sue a governmental entity without the help of a personal injury attorney who is experienced in these types of cases. How is Filing a Personal Injury Lawsuit Against a Governmental Entity Different than Filing Against an Individual? Suing a county, city or state is … [Read more...]
Deadlines in a California Personal Injury Lawsuit [Infographic]
Each personal injury claim is unique, so the deadline by which a personal injury lawsuit must be filed may be different. The deadline to file a personal injury claim is Statutory; set by law. If you miss the deadline, you lose your right to pursue a claim against the negligent party for compensation for your inquiries. Deadlines in a California Personal Injury infographic lists crucial information you need to understand if you were to file a personal injury claim in California. … [Read more...]
Can I Make a Third Party Claim If I Am Receiving Workers’ Compensation?
While performing the functions of their job, employees are often injured. When that happens, no matter who was at fault for the accident, the employee will normally qualify for workers' compensation benefits. California's Workers’ Compensation laws exist to help employees injured on the job, by paying hospital and medical costs incurred in the diagnosis and treatment of work related injuries. If the injured employee is unable to work, workers' compensation will also make disability … [Read more...]
Calculating Lost Earnings
Calculating Lost Earnings by Michael Waks If you’re injured in a car accident, slip and fall or other personal injury accident that caused you to miss work, you are entitled to lost earnings damages. Learn more about lost earnings in this presentation. … [Read more...]
Should I Speak to an Insurance Adjuster After a Personal Injury Accident?
If you've been injured in a personal injury accident there are several things you should consider before agreeing to speak to an insurance adjuster. First and foremost, you need to remember the insurance adjuster represents the insurance company, not you. His sole job is to minimize your recovery irrespective of the extent of your injuries. The adjuster may try to convince you that you are in "good hands" with him/her. Don't believe it. Insurance companies are for-profit businesses … [Read more...]
Beware of Working Directly with Insurance Companies — They are Not Looking Out for Your Best Interests
When you're buying an insurance policy, your agent tells you the insurance company will be there to protect and help you if you're injured. They convince you that you are the company's priority. In fact, insurance companies are businesses, and like most businesses, their main focus is maximizing profits. To accomplish this, insurance companies, their adjusters, and their attorneys aim to pay as little as possible for personal injury … [Read more...]
What Are Lost Earnings And How Do You Calculate Them?
Personal injury accident victims incur several different types of damages. Damages for current and future medical costs are easy to understand and damages for property loss is straightforward. Damages related to lost earnings; however, can be more complex. For this reason, I always take the time to explain the concept of lost earnings to new personal injury clients. The calculation of lost earnings takes many things into account - how much work time has been missed … [Read more...]