Personal Injury

Does California Use the "Last Clear Chance" Doctrine in Personal Injury Cases? Top Lawyer ExplainsWatch this video on YouTube No. Since California is a comparative negligence state, it does not follow the “last clear chance” doctrine. The last clear chance doctrine is the rule that: in personal injury cases, in which both you and defendant …

5 Times the Statute of Limitations is "Tolled" for Lawsuits in CaliforniaWatch this video on YouTube There are five common situations when there is a tolling of the statute of limitations in a California personal injury case. These are when the plaintiff is: a minor, located out of the state, incapacitated, legally insane, or in …

You can sue someone for giving you herpes. The legal mechanism for this would be to bring a personal injury lawsuit. All of these lawsuits would seek financial compensation to cover the losses associated with your disease such as medical bills, lost wages and pain and suffering. A lawsuit can also hold the person who infected you …

In the state of California, there are no special rules for pit bulls. City and county governments, however, can impose restrictions on pit bull ownership. Those restrictions are generally spay and neuter requirements. Other breed-specific regulations are prohibited. California’s dog bite statute is breed-neutral and does not make special rules for pit bulls. State law …

In California, auto insurance companies will sometimes report accidents to the California Department of Motor Vehicles (DMV). However, it is the driver who has the legal obligation to notify the DMV after a reportable collision, not the insurer. Your insurance agent may do this on your behalf and satisfy your obligation, particularly if you were …

In California, the statute of limitations for lawsuits based on negligence is usually two (2) years. There are some exceptions to this, such as for medical malpractice. Some factors can toll (or delay) the statute of limitations, such as when you could not reasonably have discovered your injuries. Suing after the time has expired will get …

California’s statute of limitations for contractual medical liens is four years. This gives medical providers four years from the date of the lien agreement to take legal action to collect on it. After the four years have passed, the lien expires. The medical provider loses their right to pursue payment in court, though they may …

Loss of enjoyment of life is a type of legal damage for which you can recover financial compensation in a personal injury claim. That financial compensation would be for your inability to do enjoyable things due to your injuries. It is especially common for severe injuries that leave you with a disability. Economic damages that …

Two Years In California, the statute of limitations for a wrongful death claim is generally two (2) years from the date of the victim’s death. This means family members must bring the lawsuit within two years or the claim is forfeited. But there are some exceptions. For example, if a person’s death was caused by …

Nursing home abuse lawsuits can take anywhere from a couple of months to over 2 years to settle. If the insurance company makes a fair settlement offer before the lawsuit is filed, it can end quickly. If no fair offers are made, the case can go to trial and take much longer. What is a …

The amount that personal injury lawyers take from a settlement depends on the contingency fee agreement. It is generally around 33 percent. It can increase if the case goes to trial. Many states have laws that regulate the percentage used. They also may require a clear and unambiguous contingency fee agreement. What is a contingency …

A personal injury lawsuit is a formal demand for compensation for losses that the injured person has sustained. They can go through 7 stages: the victim gets hurt, the victim hires a personal injury lawyer, an insurance claim is filed, if no fair settlement offer is made, the victim’s lawyer negotiates on his or her …

In California, you should keep and maintain all evidence that is in your possession, and that may be relevant to a personal injury case. You should also take necessary steps to ensure that the potential defendants preserve evidence in their possession. Statements from witnesses can also be taken and preserved. The consequences for spoliation of …

Generally, the driver who veered from his or her lane is at fault for a sideswipe car accident. However, if another driver forces you out of your lane, that driver may also be at fault. If the at-fault drivers fled the scene of the crash, your insurance company can cover the accident. What is a …