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 …
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, …
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 …
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 …
Education Code 35330d is the California statute that provides school districts with field trip immunity. This immunity generally means that school districts are not liable for 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 trip could …
Las Vegas hotel patrons injured in a slip-and-fall can sue to recover money for their medical bills, lost wages from being unable to work, and pain and suffering. Victims that were partly at fault – such as by walking and texting – might still be eligible for a payout for some of their damages. Whom …
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 …
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, …
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. …
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 …
