When pursuing a personal injury claim, it's not uncommon for the opposing party to employ various defenses in an attempt to reduce their liability. One such defense is the "Act of God," also known as force majeure. Defining the Act of God Defense The Act of God defense refers to an event caused by natural forces without human agency, which couldn't have been prevented by reasonable foresight or care. Insurance companies might utilize this defense when attributing an accident to a … [Read more...]
What Are the Different Kinds of Witnesses That Can Contribute to a Personal Injury Claim?
When it comes to personal injury cases, the road to recovering a fair settlement can sometimes be straightforward. However, in cases where damages are significant or disputes arise regarding fault and causation, the involvement of various witnesses becomes crucial. In this blog post, we will explore the types of witnesses who play essential roles in personal injury cases, shedding light on their significance and the value they bring to the legal process. Percipient Witnesses: Providing … [Read more...]
Understanding Liens in Personal Injury Cases: What You Need to Know
Reaching a successful settlement or verdict in a personal injury case can be a relief after a long and challenging journey. However, it's important to be aware that the final amount you receive may be impacted if a medical provider or insurance carrier asserts liens on your proceeds. Liens can significantly reduce your net recovery, making it crucial to hire a personal injury attorney who is well-versed in the rules and regulations surrounding liens. With their expertise, you can … [Read more...]
How Do Contingency Fees Work in Personal Injury Claims?
If you have been injured in an accident, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. However, hiring an attorney can be expensive. That's where contingency fees come in. A contingency fee is a type of fee arrangement in which your attorney only gets paid if they are able to recover money for you. If your case is unsuccessful, you do not owe your attorney any fees. Contingency fees are common in personal injury cases because … [Read more...]
4 FAQs About Suing After Signing a Liability Waiver
From renting jet skis to going bungee jumping, there’s no shortage of exhilarating activities that you can do in the state of California. Before you can partake in virtually any of them, though, you must sign a liability waiver. These agreements, which generally include some variation of the phrase “not responsible for accidents” essentially waive the company that’s hosting the activity of liability in the event that a participant gets hurt. It’s a common misconception, however, that … [Read more...]
Who Will Cover the Damage That Results from a Fallen Tree?
Finding a fallen tree is a harrowing experience, especially if it causes damage to your home or car or hurts someone you love. In the aftermath, you’re probably left wondering who is responsible for the associated costs and how to get compensation to cover them. In California, the answers to these questions depend on the circumstances surrounding the incident. There are some generalities you should know, however, if your life was turned upside-down by a fallen tree caused by … [Read more...]
Understanding the Civil vs. Criminal Charges Brought Against Alec Baldwin over Fatal “Rust” Shooting
In the legal system, the burden of proof refers to the amount of evidence needed to determine the guilt or innocence of a defendant. This standard is higher for criminal charges than for civil lawsuits, as the consequences of a criminal conviction are more severe and can include imprisonment, fines, and a tarnished reputation. A civil judgment, on the other hand, may result in monetary damages, but it does not carry the same stigma as a criminal conviction. In California, the burden of proof … [Read more...]
How Long Do You Have to File a Personal Injury Lawsuit After a Serious Accident in California?
It’s easy to put off calling an attorney after a serious accident. Even when the damages are adding up fast, commencing the claims process is often the last thing on your mind when recovering from debilitating injuries. The good news, however, is once your lawyer has a clear understanding of what happened, your legal team can essentially take over. They will handle virtually every aspect of your claim, so you’re free to focus on your health and your family. With that in mind, … [Read more...]
What to Look for in a Trial Attorney
If you’re planning on filing a personal injury claim and you want legal representation, it’s wise to look for someone with trial experience. While it’s true that most legitimate injury claims are settled, there’s always the chance yours will end up in court. Should this be the case, you’ll be glad to have a seasoned ally in the form of a trial attorney by your side. It’s important to remember, however, that not all trial attorneys have what it takes to help you seek the best possible … [Read more...]
California’s Cap on Medical Malpractice Payouts May Rise for the First Time in 50 Years
According to the Los Angeles Times, victims of medical malpractice may be entitled to considerably more compensation in the coming decades. For nearly 50 years, the Golden State has enforced a $250,000 cap on funds for non-economic damages like emotional distress, diminished quality of life, and pain and suffering for affected patients. This cap was originally imposed under the Medical Injury Compensation Reform Act of 1975, or MICRA. For decades, critics have argued the cap … [Read more...]
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