Insurance companies play an integral role in the vast majority of personal injury claims. Although it’s certainly a good thing if you or the person who injured you has insurance coverage, there’s no guarantee that the claim will be approved or a fair settlement will be paid. Like any for-profit business, insurance carriers have incentive to pay out as little as possible. There are countless reasons why an insurer might deny a claim or dispute the value of damages, and this can be incredibly … [Read more...]
Slips, Trips & Falls in Parking Lots & Garages: What You Need to Know
Slip and fall injuries are typically associated with spilled beverages and freshly mopped floors. But the truth is that a serious fall can happen anywhere, which is why property owners have a duty to inspect their premises for invitees—and that includes parking lots and garages. If a property owner fails to take reasonable measures to ensure their premises are reasonably safe, they may be held liable for any accidents that result. Poor lighting, slick surfaces, cracked concrete, inadequate … [Read more...]
5 FAQs About Trips, Slips & Falls Caused by Uneven Floor Surfaces
There are all sorts of reasons why a person might slip, fall, and suffer an injury. Often these unfortunate events can be traced back to the negligence of the property owner, occupier, or one of their employees. In this scenario, the injured party (or their surviving family) may be able to recover compensation for various economic and non-economic damages. If you or someone you love tripped or slipped and fell due to an uneven floor surface, you may be wondering if you even have grounds for a … [Read more...]
4 FAQs About Midblock Pedestrian Accident Claims
Jaywalking might seem like a fairly benign traffic violation, but if you are hit by a vehicle while breaking the law, you may face an uphill climb when it comes to pursuing damages. Depending on the circumstances, however, it might be possible for a pedestrian to recover compensation for 100 percent of their economic and non-economic damages even if they were jaywalking. Determining liability for a “midblock accident” can be complicated, and even if there is strong evidence of liability, the … [Read more...]
California Dive Boat Company Sues to Avoid Liability for 34 Deaths
The owners of a dive boat that caught fire on September 2 and killed 34 people off Southern California have filed a lawsuit to head off potentially costly litigation. Some observers have condemned the move, saying it is disrespectful to the families of the deceased. The lawsuit was filed in U.S. District Court in Los Angeles by Truth Aquatics Inc., the company that owned the Conception, under a 19th-century provision of maritime law that allows vessel owners to limit their liability. The law … [Read more...]
4 Essential Tips for Avoiding Bicycle Accidents
Riding a bike is fun, healthy, and environmentally conscious. That's probably not news if you've ever ridden one, but neither is the fact that cyclists are vulnerable to serious injury or death when bicycle accidents happen. While there’s always a chance that you’ll encounter a negligent driver while riding, there are steps you can take to reduce your risk and to mitigate the severity of injuries if you are involved in a crash. Read on to learn four key safety tips that all cyclists should … [Read more...]
Types of Witnesses in Personal Injury Cases
Sometimes the process of recovering a fair settlement after a personal injury is relatively straightforward. If all parties agree on the pertinent facts, the injuries aren’t that serious, and there’s strong evidence to prove liability, causation, and damages, the opposing party might pay a settlement without much contention. But when the damages are significant or there’s a dispute regarding fault or causation, it is often necessary to bring in various witnesses to provide deposition and … [Read more...]
What Is Loss of Consortium?
The traumatic effects of a serious injury can ripple through an entire family. Loved ones not only may suffer tremendous grief but also might have to cope with a loss of care, affection, and moral support. These non-economic damages fall under the umbrella of “loss of consortium” (LoC). Under certain circumstances, the spouse or registered domestic partner of an injured party can bring a loss of consortium claim against the party responsible for the injury. Read on to learn the answers to a few … [Read more...]
Who Can File a Wrongful Death Claim in California?
Dozens of people may be personally affected by a wrongful death, but only certain individuals have the right to bring a claim against the liable party. Under California Code of Civil Procedure 377.60, the following parties have the right to bring a wrongful death claim if they meet specific criteria: The personal representative of the deceased’s estate; The deceased’s spouse or domestic partner and children or stepchildren; The deceased’s putative spouse and his or her children; The … [Read more...]
Under What Circumstances Can I File a Boating Accident Claim?
If you were injured or lost a family member in a boating accident, you may be wondering if you have grounds for a personal injury or wrongful death claim. Unfortunately, proving that you were injured or that your loved one died in the accident won’t be enough to win a settlement or verdict. You will also have to demonstrate how the defendant was liable for the injury or death, which will require evidence of either negligence or strict liability. Read on to learn about the circumstances that may … [Read more...]
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