California’s discovery rule says that the statute of limitations for bringing a claim does not start until you discover (or should have discovered) the injury or loss. Without the rule, the statute of limitations for bringing a suit begins to run when the wrongful act giving rise to the suit took place. The statute of …
Rear-end collisions – 3 times when the lead driver can be at faultWatch this video on YouTube California Vehicle Code section 21703 VC is the state law that commonly deals with rear-end collisions. This section prohibits drivers from following other vehicles too closely. Also known as tailgating, this practice is frequently the cause of rear-end …
You were injured in a car accident but helped cause it. Can you still file a lawsuit against the other driver? The answer depends on the laws of the state in which the accident occurred. If the collision took place in a contributory negligence state, you cannot sue if you shared in any blame for …
The difference between comparative negligence and contributory negligence turns on how responsible you can be for your injuries before you are barred from recovering compensation for them in a personal injury claim. Contributory negligence bars you from recovery if you were at fault at all. Comparative negligence rules generally reduce your recovery by the extent …
In some cases, you can go back to work after receiving a workers’ compensation settlement in a lump sum. This tends to only happen if you return to work in a lesser capacity. That settlement would cover the wages you stand to lose due to your disability. Stipulation and award settlements are more likely to …
If a pothole causes a car accident or a slip and fall injury, the premises owner can be held liable. With slip or trip and fall accidents, this is the party in charge of maintaining the roadway or parking lot. With motor vehicle accidents, this is generally the government. Lawsuits against the government often have …
In California, sexual harassment is not a criminal offense on its own. However, certain criminal acts like stalking or sexual assault can be a part of a course of sexually harassing conduct. You can face criminal charges for those acts. Non-criminal sexual harassment in the workplace can result in civil lawsuits against the harasser and their …
If someone is pulling out of a parking spot, they must yield right of way to vehicles driving by and to pedestrians. If they cause a pedestrian accident or a car accident while backing out, they will almost always be responsible and liable. However, there can be exceptions, such as when the oncoming vehicle was …
A background check will usually reveal if someone has been convicted of a misdemeanor (for example, a DUI) or a felony (for example, rape). In terms of employment applications, while employers can receive information regarding a conviction, some states have ban the box laws that limit when and whether prior convictions can be considered in making hiring …
The most common types of crane accidents are when the crane makes contact with live power lines, when equipment or the load strikes a worker, when workers or operators fall from the crane, when the crane tips over, and when the boom or cable fails. The injuries sustained in these crane accidents are often fatal. …
California’s statute of limitations (deadline) to bring a medical malpractice lawsuit is the earlier of: one (1) year after you discovered the injury (or should have discovered the injury with reasonable diligence), or three (3) years after the date of the malpractice.1 These deadlines hold firm even if the malpractice resulted in a serious injury …
In California, generally speaking, an intoxicated passenger cannot be charged with DUI. However, there are certain scenarios where it could happen. These include situations where: the drunk passenger helps steer the vehicle, the drunk driver switches seats with the passenger, and/or the arresting officer is not sure who drove the car. Note that a passenger …
A “1275 hold” is when the court places a hold on a person’s bail because it suspects the money or collateral being used for the bail came from committing a felony (such as drug sales). The hold is called “PC 1275 hold” because Penal Code 1275.1 PC is the California statute that establishes the rules …
Is it illegal to spank a child in California? A former D.A. ExplainsWatch this video on YouTube In California, it is not necessarily illegal to spank (or otherwise use corporal punishment on) your child for purely disciplinary purposes. It becomes a crime, however, if the punishment is deemed to be cruel or inhumane. Courts normally …
The laws of most states say you can legally kill in self-defense provided that you: reasonably believed that you or someone else was in danger of suffering great bodily harm or death,1 and used a level of lethal force that was appropriate under the circumstances.2 “Appropriate” force means that your use of force is proportional …
A surgery can increase your workers’ compensation settlement if it happens after the settlement agreement. If the surgery happens before the settlement is made, it would be covered by the insurance company as a part of your medical care. Depending on the surgery, it can increase the settlement by tens of thousands of dollars or …
The difference between being charged and indicted depends on who finds probable cause that you committed a crime. When you are charged, that means the district attorney found probable cause to prosecute you. When you are indicted, that means a grand jury found probable cause to prosecute you. Both an indictment and a charge lead …
California law requires that a person be at least 18 years of age in order legally to get a tattoo. In fact, according to Penal Code 653 PC, it is a criminal offense to “ink” or administer a tattoo to a minor under the age of 18. A violation of this code section is charged …
Workers’ compensation generally begins to pay the costs of your medical care immediately after your workplace injury. However, disability payments may only begin once your workers’ compensation claim has been approved. The timeframe for claims to be approved or denied depends on the state. It is usually around 21 days. When do workers’ compensation benefits …
The five best ways to beat burglary charges are to show that you: are factually innocent, lacked criminal intent, had a claim of right over an object, acted with a property owner’s consent, and/or are the victim of police misconduct. The burglary laws of most states say that you commit this crime if you: knowingly …
In California, a Cruz Waiver is a promise by you to stay out of trouble while out of custody and to return to court for your sentencing hearing. If you break that promise, you waive your right to the terms of the plea bargain or indicated sentence and can face a harsher sentence. “Cruz Waiver” …
Mobile Video Audio Recording Systems (MVARS for short) simply refers to police dashcams. These cameras are mounted on police vehicle dashboards, face forward, and are set to begin recording whenever the officer turns on the emergency lights. A few of the things a dash cam can record include: conversations between police and you before and …
In California, cite and release is the practice of police issuing you a citation for suspected unlawful conduct, but not bringing you to jail for a formal booking. Instead, you are released on the condition that you make a signed promise show up to court, later on. The process is used mainly for low-level offenses, …
You can register an unregistered gun in California by completing and submitting a Firearm Ownership Report (FOR) Application. This voluntarily declares that you are the owner of the firearm. However, this form cannot be used to register an assault weapon. A FOR Application is not required for most firearms. The dealer will have registered them …
Wrongful termination lawsuits can take over a year to resolve. Every case is different, however. If the employer is eager to settle out of court, the case can end in a matter of weeks. If either side is intent on going to trial, a wrongful termination claim could linger on for several years. Currently, many …
