Losing a loved one due to someone else's negligence is an unimaginable tragedy. In California, a wrongful death claim provides a legal avenue for surviving family members to seek compensation for their loss. Knowing the types of damages available in such claims is essential for understanding your rights and options during this difficult time. Here's a breakdown of the damages that may be available in a wrongful death lawsuit in California. Economic Damages in a Wrongful Death Claim Funeral … [Read more...]
How to Determine Liability for Pedestrian Accidents in California?
Pedestrian accidents in California can lead to severe injuries and complex legal scenarios. Understanding who is liable for these accidents is crucial for obtaining fair compensation. This guide will help you navigate the process of determining liability in a pedestrian accident in California. Understanding Liability in Pedestrian Accidents Liability in pedestrian accidents typically falls on one or more parties whose actions or negligence contributed to the incident. Determining liability … [Read more...]
Highlighting the Dangers of Driverless Cars in California
In the fast-paced world of technology and innovation, the concept of driverless cars has taken center stage, promising a future where accidents caused by human error will be a thing of the past. California, known as a hub for tech companies and autonomous vehicle testing, has embraced this revolution with open arms. However, events such as the recent incident highlighted in the San Francisco Chronicle, serve as a stark reminder that the path to a driverless future is not without its dangers. The … [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...]
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...]
Failure to Mitigate Damages in Personal Injury Cases
Even when a personal injury case results in a settlement or verdict, there are a number of factors could impact the plaintiff’s net recovery. One factor is whether the plaintiff has mitigated their damages, or taken reasonable steps to minimize the losses arising from their accident. When Might a Dispute Arise over the Mitigation of Damages? The defense might contend that the plaintiff has failed to mitigate damages if: 1. The Medical Evaluation Was Delayed Many people will do their … [Read more...]
Which Auto Insurer Should Handle My Property Damage Claim?
If you were involved in a motor-vehicle collision through no fault of your own, you may be wondering whether to file a first- or third-party claim for the resulting property damage. Because California is a fault state in regard to auto accidents, you might be inclined to opt for the latter and bring the claim against the liable party’s insurer. It's reasonable to assume that filing a third-party claim has advantages. You won’t have to cover the deductible, for example. Also, you may already … [Read more...]
Statute of Limitations for Car Accident Lawsuits in California
Like most states, California follows a fault system when it comes to car accident claims. Under this system, accident victims can bring a claim against the liable party rather than bringing a claim against their own no-fault insurance. In most cases, the claim is brought against the liable party’s insurance company. Unfortunately, insurance providers have the incentive to deny or undervalue claims whenever possible. If no settlement can be reached through correspondence between the insurer … [Read more...]
The Long Beach Law Office of Michael D. Waks Announces Winner of 3rd Annual Essay Contest for Students Living with A Disability
Attorney Michael D. Waks is pleased to award $1,000 to Kristi Alarcon, the winner of the 3rd Annual Michael D. Waks Essay Contest for students living with a disability. Disabled high school seniors and undergraduates attending a 2 or 4-year accredited university or college, were invited to participate. Kristi Alarcon of Long Beach has been selected the winner of the 2018 Essay Contest. Kristi is a third-year student at California State University, Long Beach, studying journalism and … [Read more...]
2017 Michael D. Waks Essay Contest Winner
This summer, the Law Office of Michael D. Waks, held the second annual Essay Contest for students living with a disability. Disabled Los Angeles County high school seniors and students attending an accredited college or university, competed for the $1,000 scholarship. Participants wrote about the educational challenges presented by their disability, how they overcame them, and how their disability has influenced their educational and career path. The theme of the … [Read more...]