California - Page 25

“Catastrophic Injury” Lawsuits in California – A Legal Guide

California Personal Injury Attorney Neil ShouseWatch this video on YouTube Catastrophic injuries are the most serious level of injury, short of death. Examples of catastrophic injuries include spinal cord injuries, paralysis, and traumatic brain injuries. These types of injuries typically result from vehicle accidents, motorcycle accidents, and construction accidents. The Shouse Law Group is a …

“Class Action” Lawsuits in California – A Legal Guide

In California, class action lawsuits allow multiple people to sue jointly when they all suffered the same type of harm by the same defendant. Named plaintiffs bring legal claims for the entire class, and other impacted people can join as class members. Class actions are often brought against companies that: sell defective products, create an …

Collision & Comprehensive Car Insurance – How It Works

Collision & Comprehensive Car Insurance — "How Does it Work?"Watch this video on YouTube Collision insurance and comprehensive insurance cover the cost of car repairs or replacement of your vehicle. Collision insurance pays for damage caused by a car accident involving another: vehicle, person or object. Comprehensive insurance covers damage caused by something other than …

Out-of-State Medical Care in a California Workers Compensation Case

Updated March 7, 2022 Workers injured on the job in California are entitled to medical treatment out of state and in other countries if the injured worker: moves outside of California but still needs treatment needs emergency care outside of California lives near the border with another state needs treatment that is not available in …

The “Common Fund Doctrine” – A Guide to How It Works

The common fund doctrine is a law that protects injured victims from having to pay all their attorney fees without help from the insurance company. It entitles a party who recovers a common fund for the benefit of others to reasonable attorney’s fees from the fund as a whole. This doctrine is not actually designed …

How to Recover “Compensatory Damages” in a California Personal Injury Case

In California personal injury cases, compensatory damages are the money that a wrongdoer pays in order to compensate you for losses. This is distinguished from punitive damages, which are intended to punish the wrongdoer and discourage others from similar behavior. Compensatory damages – also called actual damages – fall into two basic categories, as the following …

Complera® Lawsuit – Compensation for Side Effects & Injuries

A Complera lawsuit is a mass tort legal action against the HIV-drug manufacturer Gilead Sciences, Inc. Complera contains tenofovir disoproxil fumarate (TDF), which Gilead’s own studies show can cause major complications, including: Kidney problems such as renal failure from TDF’s toxins building up in the body; Bone damage such as osteoporosis and fractures, a direct …

Medicare Set-Aside in Workers’ Compensation Cases

A Workers’ Compensation Medicare Set-Aside (WCMSA or MSA) is money set aside from a workers’ compensation settlement to pay future medical benefits. The money goes toward any treatment for the work-related injury that would have been paid by Medicare. A WCMSA is used when an injured worker: is eligible for Medicare health insurance settles his …

Consumers Legal Remedies Act – Here’s How It Works

California’s Consumers Legal Remedies Act (CLRA) is a set of statutes that protects consumers from false advertising, fraud, and other unfair business practices.1 The law allows consumers to bring individual or class action lawsuits to recover damages and to stop the unlawful practices.2 To help you better understand the Consumers Legal Remedies Act, our California …

“Conversion” in California – How Do I Bring a Lawsuit?

Under California law, conversion is a civil cause of action that applies when a person unlawfully and without permission takes or interferes with your possession of your property. You can bring a claim for recovery of the property, or compensation for the value of the lost property. Specifically, you would have to prove the following three …

Victims of crime: When can a lawsuit be filed?

The law allows victims of crimes several ways to recover compensation for their losses. As a victim, you (or in some cases, your family members) may: file a civil lawsuit for money damages against the perpetrator; seek payment from the California Victim Compensation Board (“CalVCP”) (for violent crime victims and their families), obtain domestic violence victims …

What are permanent disability benefits in a workers’ compensation case?

Permanent disability benefits are long-term or lifetime workers’ compensation benefits awarded to employees who suffer a permanent work-related injury (examples include the loss of a limb or paralysis). These benefits are often viewed as compensation for lost earning capacity. Permanent disability pays injured workers for the loss of work earnings they will experience in the …

Lyrica and Cymbalta Lawsuit Information

(Please note: This page is purely informational. Our firm is not currently accepting Lyrica or Cymbalta cases) Lyrica and Cymbalta lawsuits are mass tort claims against the drug companies Pfizer and Eli Lilly for the serious side effects associated with these anticonvulsant medications. These side effects include a host of mental problems, from suicidal thoughts …

I was injured from an unsafe road condition. Can I sue?

Poor road conditions, such as potholes, can cause damage to your vehicle and serious physical injuries to you and your passengers. Even if you were partly at fault – such as by speeding – you can still be entitled to a financial award from the city, state, or federal government. Below, our California personal injury …

Defective Tire Lawsuit – A Legal Guide for Injury Victims

When a defective tire causes an accident, you may have a personal injury claim against the manufacturer of the tire, the distributor, and/or the seller of the tire. You do not necessarily have to show who was responsible for the defect, only that the tire was defective and caused the accident. You can file a …

“Demand Letters” to Insurance Companies in California

If you are injured in an accident, you can send a demand letter to the person or company responsible for hurting you, requesting that they financially compensate you now so they can avoid being sued. Personal injury attorneys are skilled in composing effective demand letters that compel at-fault parties to resolve legal matters quickly and …

What Money Damages Can a Dog Bite Victim Recover?

Dog bite victim? 7 things you can sue forWatch this video on YouTube The legal damages that you can recover in a dog bite lawsuit aim to compensate you for your injuries and other losses. The costs of medical bills, alone, are often enough to shock victims. Dog bites often get infected or lead to …

Can I file a lawsuit if another dog bites or attacks my dog?

California law permits people whose dog was attacked by another dog to sue for damages. But it is not California’s dog bite statute, Civil Code 3342, that applies in such cases. Civil Code 3342 does not extend protection to dogs who are attacked and injured by other dogs. CC 3342 is a strict liability statute that …

Is Euthanasia Required After A Dog Bite In California?

Euthanasia can be required after a dog bite in California if the dog has rabies, if the dog has bitten at least 2 people, or if the dog has bitten and seriously injured someone, and had been raised to attack people or fight. Unless the dog has rabies, a hearing is required before the dog is …

Does California Have a “One-Bite Rule” in Dog Attack Cases?

Updated August 22, 2022 California law does not apply the “one bite rule” for most dog bite cases. Instead, state law holds dog owners strictly liable for injuries caused by their dogs, even if the animal has never previously bitten someone or shown aggressive tendencies. However, there are exceptions to the strict liability law in California’s …

Dog Bite Lawsuits when the Owner has No Insurance

If the owner of the dog is uninsured, it will be difficult to recover full compensation for damages You can file a dog bite lawsuit if the owner has no insurance. However, you will likely struggle to recover compensation for your damages even if the owner is held liable. If you suffered extensive injuries, the …

Does California require a dog to be quarantined after it bites someone?

Dogs are required to be quarantined for a minimum of 10 days after biting a person in California. Bites must be reported to local health officials, triggering the quarantine process. This mandatory quarantine process is to make sure the dog does not have rabies. When the animal does not appear to be rabid, it can be …

The “Statute of Limitations” for a Dog Bite Lawsuit in California

Two Years The statute of limitations (or time window) to bring a dog bite lawsuit in California is two years from the date the injury occurred. Failure to bring your claim within this timeframe will, in most cases, mean that you are forever barred from recovering any compensation.1 This applies to dog bite lawsuits based on: Strict …

Does California impose “strict liability” in dog bite cases?

In California, dog owners are held strictly liable if their animal bites another person. This means dog bite victims who bring a lawsuit do not need to show that the dog had bitten anyone previously, or that the owner acted in a reckless or negligent manner. All you need to show is that you got …

Can a “trespasser” bring a dog bite lawsuit in California?

Dog bite lawsuits: 4 situations where you will NOT winWatch this video on YouTube A trespasser can sometimes hold a dog owner liable for a dog bite injury, but only by proving that the owner was somehow negligent. Unlike many other dog bite victims, trespassers cannot assert California’s dog bite statute, which provides the strongest …