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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 …
You can bring a personal injury lawsuit if you were hurt by faulty gym equipment. This would typically be a product liability lawsuit against the equipment company. However, the gym may be liable if it negligently assembled, installed, or maintained the devices. Our personal injury lawyers have found that suing all potentially liable parties is …
What is "res ipsa loquitor"?Watch this video on YouTube In California, res ipsa loquitur is a legal doctrine that allows accident victims to prove the defendant was negligent 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. …
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 you discover 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 …
Two Years In California, the statute of limitations in which to bring a wrongful death claim is generally two (2) years from the date of the victim’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 either one year from the …
In a personal injury case, general damages are the compensation you receive for the intangible losses following an injury, like pain and suffering and emotional distress. By contrast, special damages are the compensation for losses that are more ascertainable, like medical expenses and lost wages. While general damages are sometimes referred to as “non-economic damages,” …
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. …
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 …
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 …
You were injured in a car accident and your attorney is preparing a demand letter to send to the at-fault driver’s insurance company. You do not want to speak with the insurance adjuster at all. Should you tell the insurance company that you have an attorney? Your lawyer will usually do this for you in …
Your loved one hurt her knee after slipping on a pool of liquid at a grocery store. Her personal injury attorney sent the store’s insurance company a demand letter. Is there an average settlement amount that she can expect? The facts of every knee injury case will differ. As such, knee injury settlement amounts will …
You have a loved one in a nursing home facility. You recently noticed some bruises on the family member, and she seems dehydrated. Are these signs of “neglect?” What does neglect in a nursing home case actually even mean? Nursing home neglect is when someone at a nursing home facility (for example, an administrator or …
You were recently rear-ended in an auto accident. The facts and issues regarding fault seem relatively straightforward. Can you really settle a car accident claim without a personal injury lawyer? If you are injured in a car crash, you can file a personal injury claim with the at-fault driver’s insurance company. It is usually a …
Assume for a moment that you were injured in a slip and fall accident. Now it is time to try and recover compensation for your injuries via a personal injury claim/lawsuit. But what is the length of time to reach a fair settlement? It usually take anywhere from a few months to several years to …
Code of Civil Procedure § 377.60 CCP is the primary California wrongful death statute. This section allows certain heirs to bring a lawsuit seeking damages. Eligible parties include a deceased person’s: surviving spouse, domestic partner, or children. The code section reads as follows: 337.60. A cause of action for the death of a person caused …
In personal injury law, the concept of loss of enjoyment of life refers to the lasting impact or toll that an injury takes on the victim’s quality of life, as compared with life before the injury. In calculating these damages, a jury will generally consider: the age of the injured person, the injured party’s educational background …
In most states, employers are generally liable under the doctrine of negligent hiring when one of their employees causes harm to a third party (for example, a customer) and the employer knew or should have known of the employee’s risk to cause harm. Employers are also liable if an employee causes injury and the employer …
So far in 2022, three children have died by drowning in Las Vegas swimming pools. Last year the Southern Nevada Health District recorded 18 submersion incidents in private and public pools of children 14 and younger. And the CDC estimates that 1.25 of every 100,000 people in Nevada suffer drowning deaths.1 Drownings are not the …
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, …
People injured in ATV accidents in Nevada may be able to sue the following five parties: The other driver(s) or pedestrians that caused the accident; The ATV manufacturer, if a defective part caused the accident; The ATV dealer or rental company that sold or leased the defective vehicle; Mechanics who may have damaged the ATV; …
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 …