Property owners and occupiers in California owe a duty of care to their visitors. The specific duty of care depends on the visitor’s status and other factors, but under most circumstances, it involves ensuring the premises have adequate lighting to be reasonably safe, or at least warning visitors about inadequate lighting. Catastrophic and even fatal injuries have been attributed to insufficient lighting. A person might fall down a staircase, for example, or trip over a door threshold. If the … [Read more...]
Role of Accident Reconstruction Experts in Personal Injury Cases
“Who was liable for the accident?” This is a question that arises in every third-party insurance claim. If you were seriously hurt through the fault of another person, you’re going to have to prove liability in order to recover an award of damages. One of the many kinds of evidence that might be used to prove liability in a car accident case is the deposition of accident reconstruction experts. What Is an Accident Reconstruction Expert? An accident reconstruction expert is someone who … [Read more...]
Mediation vs. Arbitration vs. Mandatory Settlement Conferences in Personal Injury Cases
The ideal outcome of any personal injury case is to reach a settlement without having to file a lawsuit and enter litigation. But if a dispute arises that cannot be resolved through negotiations between your lawyer and the legal team of the defense, proceeding to litigation might be the only way to pursue fair compensation. Even if your case does proceed to litigation, that doesn’t necessarily mean it will go all the way to trial. If no settlement is reached after discovery, your case might … [Read more...]
Can I Hold a Dram Shop Liable for a Drunk Driving Accident?
Roughly 1 out of 4 motorists who are convicted of DUI are repeat offenders. Because insurance premiums tend to increase after a Drunk Driving Accident conviction, many of these drivers are uninsured or underinsured. If you were struck by an impaired motorist who doesn’t have enough insurance to cover the resulting damages, you may be wondering how to cover your losses. Unfortunately, defendants in these cases usually do not have the personal assets to pay for the damages they cause, though … [Read more...]
Exacerbation of Preexisting Asymptomatic Conditions in Personal Injury Cases
There are countless factors that can impact how a personal injury case unfolds. At the end of the day, the outcome of your case—and whether it is settled without proceeding to litigation—will likely hinge on the strength of the evidence available to prove liability, causation, and damages. In this article, we will focus on “causation.” To prove causation, it must be shown that the damages you are claiming would not have accrued but for the tort. In other words, your attorney will have to … [Read more...]
4 FAQs About Brain Injuries Due to Sporting Accidents
If you or your child was diagnosed with a brain injury due to a sporting accident, you probably have a lot of questions. Playing certain contact sports such as football and soccer comes with foreseeable risks, so you may be wondering if you have grounds for a personal injury claim at all. The easiest way to determine whether your case has merit is to schedule a free consultation with an attorney who handles tort cases involving brain injuries. A brain injury lawyer can evaluate the … [Read more...]
Is Health Insurer Entitled to Portion of My Personal Injury Payout?
The costs associated with treating unanticipated injuries can add up fast. Medical bills alone can amount to tens—if not hundreds—of thousands of dollars. While your health insurer may cover the majority of your medical bills, they might request reimbursement if you end up securing a payout from those liable for your injuries. This probably seems unfair, especially if you worked incredibly hard to recover what was rightfully yours; however, as long as the terms of your policy have a subrogation … [Read more...]
Who Can I Sue If My Child Was Injured on Playground Equipment?
From broken glass to poorly maintained equipment, there are all sorts of hazards that can cause serious injuries on playgrounds. If your child was hurt in a playground accident, you may be wondering if you have grounds for a personal injury claim and who might be liable. The best way to get the answers you seek is to schedule a free consultation with a playground injury lawyer. Read on for the answers to some general FAQs about these cases: 1. Who can I sue if my child was injured on playground … [Read more...]
6 FAQs About Pedestrian Accident Wrongful Death Claims
Every 90 minutes, a pedestrian is struck and killed by a motorist in the United States. People on foot are incredibly vulnerable in traffic crashes because they have zero protection from the force of impact. As such, even low-speed collisions have the potential to cause debilitating injuries and even death. If your loved one died from accident-related injuries that he or she sustained while on foot, your family may have grounds for legal action. Let’s take a look at the answers to some of the … [Read more...]
When Are Liability Waivers Enforceable in California?
Has your employer asked you to sign a waiver abdicating them of liability should you contract COVID-19 on the job? If so, perhaps you felt pressured to sign despite finding the arrangement utterly unfair. Fortunately, if you actually were to fall ill, the law would be on your side. In California, nearly all employers—including those with only one employee—are required to have workers’ compensation insurance. This coverage reimburses injured and ill workers for applicable medical expenses and … [Read more...]
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