TL;DR Contingency fees usually range from 33% to 40% of the total settlement, depending on whether the case resolves before or after a lawsuit is filed. Litigation expenses, such as court filing fees, expert witness fees, and medical records, are deducted separately from the settlement award. Whether attorney fees are calculated before or after deducting …
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 …
Faulty Gym Equipment? 5 Most Common Gym Equipment Failures that Lead to LawsuitsWatch this video on YouTube In the United States, 409,224 people were hurt by exercise equipment in 2021 alone. Nearly 10% of these accidents were fatal. If you were hurt by faulty gym equipment, you can bring a product liability lawsuit against the …
Negligent hiring is a lawsuit that victims can file against an employer for its employee’s misconduct. Seven common examples are: a transportation company hiring someone with a bad driving record, hiring a worker with a relevant criminal record, not firing a worker after similar misconduct, failing to supervise a worker, not conducting a background check, …
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 …
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 …
California law allows you to recover two types of compensatory damages in personal injury lawsuits: “Special damages” and “general damages.” Special Damages – also called economic damages – include tangible losses such as medical expenses, lost wages, and any other out-of-pocket expenses incurred from the injury. General damages – also called non-economic damages – comprise …
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 …
In California, the principle of res ipsa loquitur lets you prove someone’s negligence caused your injuries by the mere fact there is no other reasonable explanation. In short, the only logical conclusion based on the available evidence is that the defendant is liable. Example: A small plane crashes into the ocean on a clear day. …
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 …
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 …
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 …
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 …
Skylight injuries happen in many different ways. Sometimes the injuries are life-threatening or fatal. If you are a victim of a skylight accident, bringing a personal injury lawsuit can be the best way to recover the compensation you deserve. If you were on the job at the time, you may have a workers’ compensation claim. …
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 …
Nerve injuries to the hand can lead to painful and sometimes debilitating effects. Four primary factors drive the value of lawsuit settlements for these injuries: (1) the severity of your injuries; (2) whether there is permanent nerve or hand damage; (3) your occupation; and, (4) whether your actions contributed to your injury. Note that you …
Prima facie negligence is when a person or entity fails to use the care that a reasonably prudent and careful person or entity would use under similar circumstances.1 The term can also refer to the scenario where a party fails to take some act when there is a legal duty to act (for example, a …
Lawsuits against landlords or apartment buildings for injuries on the rental property are common personal injury claims. They can be filed against: Landlords, Corporate landlords, Building owners, or Property management companies. These personal injury lawsuits seek compensation for the injuries suffered by you. They can be filed if you have been hurt by a dangerous …
You were involved in a motor vehicle accident where you suffered a torn rotator cuff and a bicep tear. You are in pain and may need shoulder surgery. Is there an average settlement amount in these types of cases? It is difficult to provide an exact average settlement value for rotator cuff and bicep injury …
