Personal injury lawyers commonly are consulted by a potential client who has been seriously injured or who has suffered catastrophic injuries as the result of the breadth of negligent conduct, from an auto accident or bicycle or pedestrian or motorcycle accident to medical malpractice, a product defect, food poisoning, or a defect or failure to maintain commercial or residential premises.
While “liability” in some cases may be simple, such as the auto accident lawyers establishing through witness testimony that the defendant driver ran the red light, the presentation of the damage case in every serious injury case is complex. Specific injuries sustained in auto accidents or premises liability cases, such as traumatic brain injury (TBI) or spinal cord injuries resulting in paralysis, quadriplegia or paraplegia, and the resulting loss of enjoyment of life, can be as complex to present by personal injury lawyers as the evidence of Hemolytic Uremic Syndrome HUS in a food poisoning case, or cerebral palsy in an obstetrical medical malpractice case.
Furthermore, speaking again just in terms of the client’s “general damages,” the personal injury lawyers must use appropriate strategies to convey to the settlement judge or jury the life consequence of the serious injuries. Many personal injury […]
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You are required as a matter of law in the State of California to maintain liability insurance with limits of no less than $15,000/$30,000 if you are operating your motor vehicle on public roadways. Your failure to maintain liability insurance could not only impact your ability to register your vehicle with the Department of Motor Vehicles, it could subject you to significant monetary fines in the event your are cited for driving without insurance. An additional, little known consequence of driving without liability insurance is that you forgo your right to pursue damages for pain and suffering in the event you are involved in an accident caused by another.
A short time ago, California voters passed Proposition 213. This Proposition had the effect of barring one involved in a motor vehicle accident from asserting a claim for general damages (pain, suffering, emotional distress and loss of quality of life), if that individual was driving without insurance at the time of the accident. Proposition 213 has no effect upon one’s right to assert a claim for special damages (medical expenses, loss of earnings, and property damage).
The consequences of Proposition 213 are significant for anyone involved in a serious accident. If you are […]
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Under the state laws of California, personal injury is defined as an essential part of the Tort Law. Tort is actually a Latin word that means inter alia or an intentional or negligent civil wrong not occurring from a statute or contract.
Intentional torts are wrongful actions that aim to hurt someone, deliberately. This is usually cases involving battery and defamation. On the other hand, most personal injuries involve negligence and strict liability.
An action that brings about personal injury allows a victim to sue another person or entity for committing civil wrongs and claim for money damages.
In the state of California, many kinds of personal injuries occur. Most of these are due to the negligence of someone or some entity that should have been more responsible or is expected to exercise a standard of care.
California Courts uses the term of California Personal Injuries to cases wherein negligence is a major factor that caused an accident:
These cases include but are not limited to the following:
- Motor vehicle accidents 0 car crash, SUV rollovers, truck accidents, automobile accidents
- Slip and Fall Accidents 0 premise liability injuries
- Product liabilities - injuries arising from defective or dangerous products
- Airplane Accidents
- Wrongful Death
Still other cases involving personal injuries in […]
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