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The delayed discovery rule in California says is the legal maxim that the statute of limitations on bringing a claim does not start running until a claimant discovers the injury or loss that forms the basis of the claim or lawsuit. Absent the rule, the statute of limitations for bringing a suit begins to run when …
The last clear chance doctrine is the legal rule that: in personal injury cases, in which both the plaintiff and defendant were responsible for causing an injury/accident, the plaintiff can still recover damages from the defendant, if the defendant had a chance to avoid injuring the plaintiff in the final moments before the accident. This …
California Code of Civil Procedure 377.60 CCP is the statute that allows certain people to file a wrongful death lawsuit. Eligible parties include a deceased person’s surviving spouse, domestic partner, or children. These parties are sometimes referred to as “heirs” in a wrongful death cause of action. The party that passed is often referred to …
You can sue someone for giving you herpes. The legal mechanism for this would be to bring a personal injury lawsuit. If the transmission came from nonconsensual sex, it can be a civil battery. It can be a negligence claim if the infected person lied about having an STD or should have known about the …
In California, the statute of limitations for a person to bring a wrongful death claim is generally two years from the date of the decedent’s death. But there are some exceptions. For example, if a person’s death was caused by medical malpractice, then the statute of limitations is three years from the date of the …
What is "res ipsa loquitor"?Watch this video on YouTube This month we are looking at Latin legal phrases that sound complicated but actually represent simple concepts. One of our favorites is “res ipsa loquitur,” which means “the thing (or matter) speaks for itself.” Pronounced RACE IP-sa LOCK-wit-tour, the doctrine is used to prove negligence with …
While some California cities or counties may have breed-specific ordinances regarding some canines, there are no special state laws that single out Pit Bulls. State laws do, however, place special rules and restrictions on “potentially dangerous” or “vicious” dogs. For example, California law says that such dogs must be licensed and vaccinated. In addition, when …
Most state laws prohibit uninsured motorist insurance (“UM”) from covering punitive damages. Some states, however, do allow for it. Punitive damages are awarded to penalize the at-fault party in an auto accident and to deter similar blameworthy conduct. These damages are sometimes referred to as “exemplary damages.” Underinsured motorist coverage (UIM) is different than UM …
Loss of earning capacity covers future economic loss, while loss of wages covers what has been lost already. Lost income is easier to calculate because it looks backwards. Loss of earning capacity can be more difficult because it requires a an estimate of what the person would have earned if not for the defendant’s wrongdoing. Both, …
Fixed ladders with no cage at the top are accidents waiting to happen. These ladders often go well over 20 feet in the air. When they have no cage, people climbing them have nothing to protect them from a fall. The cage is especially important at the top of the ladder. If you fall from …
Skylight injuries can happen in lots of different ways. The injuries that they can cause are often serious. Sometimes, they are life-threatening or fatal. Bringing a personal injury lawsuit can be the best way to recover the compensation you deserve if you have been a victim. If you were on the job at the time …
There are at least 10 types of E-scooter malfunctions. Each one of these can cause serious injuries that lead to an E-scooter lawsuit. E-scooter sharing companies Bird and Lime are aware of these design defects. However, they have been slow to correct them. The delay has put thousands of E-scooter riders at unnecessary risk. 1. …
There are at least 12 reasons why shared E-scooters are so dangerous. 5 of them involve the poor designs used by E-scooter sharing companies like Lime and Bird. Others revolve around how difficult E-scooters are to ride and how little instruction riders get. Still others center on the lack of safety precautions E-scooter sharing companies …
Capitation is a set fee paid by an insurance company to a physician for each person he treats, regardless of the exact services provided. In a non-capitated system, alternatively, an insurance company pays doctors based on the actual medical services provided. Capitation relates to a personal injury case because it is an issue that may arise …
A judge or jury will consider a host of different factors to help calculate the appropriate damage amount for the loss of enjoyment of life. Some of these are: the age of the injured person, the injured party’s educational background and work history, the severity of the injuries, the future consequences of the injury, and …
Education Code 35330(d) is the California statute that provides school districts with field trip immunity. This immunity generally means that school districts are not liable for any injuries that persons suffer when on a field trip. “Persons” include: students, teachers, and chaperones. Please note, however, that despite this immunity, an injured party on a field …
A San Francisco jury awarded $250 million in punitive damages this past August to former school groundskeeper Dewayne Johnson, who claimed he developed non-Hodgkin’s lymphoma from the weed killer Roundup. The judge has since slashed the punitive damages down to $39 million. But Johnson’s stunning verdict serves as a promising “bellwether” case for the thousands …
Any type of involvement in a school sport comes with some degree of risk of injury. However, if school officials fail to create a safe environment for children to participate in organized sports, a serious injury can occur. If your child has been injured while participating in a school sport, you may be able to …
California law allows people to sue if they are bitten by bedbugs while renting property or staying in a hotel.To recover damages, the guest will usually need to prove that: The owner of the property knew or was on notice of a bedbug infestation, The owner failed to take reasonable steps to eradicate it, and …
One area of the law our California personal injury lawyers are following with interest is the protection of underage athletes from concussions and other sports injuries. In the United States, an estimated 1.7 million people sustain a traumatic brain injury (TBI) every year. And according to the California Office of Statewide Health Planning and Development, …