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Common Defenses to Negligence – Full Guidelines 2021
Common Defenses to Negligence Proving negligence and receiving compensation for the resulting harm requires a plaintiff to show that the defendant owed a duty to the plaintiff to act reasonably, the defendant breached that duty, and the breach was a substantial factor in causing harm to the plaintiff. However, there may be situations in which the defendant offers some defense that mitigates or negates the plaintiff’s negligence claim. Superseding Causes This defense is available to a defendant where an independentRead More …
Evidence in a Personal Injury Claim
Evidence in any legal proceeding is required to prove a Personal Injury Claim. Each case, whether criminal or civil, requires a certain standard of proof to be applied in the proceedings. These standards of proof provide the extent to which a party must prove alleged facts to receive a judgment in its favor. Types of Standards of Proof The three common standards of proof seen in any court case include beyond a reasonable doubt, a preponderance of the evidence, andRead More …
Have You Been Involved in a Hit and Run Car Accident?
A hit and run car accident takes place when someone leaves the scene of an accident or otherwise declines to identify himself to other parties involved and damages property or injures another person. Even a minor fender bender or accident caused by another driver without a collision will be considered a hit and run if the driver leaves the scene. Steps to Take if You are Involved in a Hit and Run Car Accident Before doing anything else, you shouldRead More …
What is Negligence? and All about Negligence
Generally, everyone has a duty to act reasonably to avoid injuring others. Where a person acts or fails to act as a reasonable person in the same circumstances, and the act or failure to act results in someone’s foreseeable injury, he has likely been Negligence. California’s Civil Code section 1714 provides that people have a duty to use ordinary care and that everyone is responsible for their willful acts as well as for those injuries which are caused by aRead More …
Have You Been the Victim of Assault – 2021?
Have You Been the Victim of Assault? In most jurisdictions, assault is both a crime and a tort. In California, there is no statute defining civil assault, but only one that defines criminal assault. Generally, civil assault can be defined as the attempt or the threat to inflict instant harm on another person. It typically must be apparent that the assaulter has a present ability to inflict the harm that is threatened or attempted. However, courts will not find thatRead More …
Statute of Limitations FAQs – Secret Revolve in 2021!
Statute of Limitations FAQs Every jurisdiction has different statutes of limitations for different kinds of cases. Below are some frequently asked questions regarding California’s statutes of limitations in personal injury cases, which include assault, battery, and injuries and death caused by a wrongful act or negligence. What is a Statute of Limitations FAQs? A statute of limitations is a law set by a jurisdiction that provides the set amount of time that a victim of a tort may initiate aRead More …
Negligent Infliction of Emotional Distress – full Information 2021
Negligent Infliction of Emotional Distress, or NIED, is not a separate tort claim in California. However, it is a claim that allows a plaintiff to recover damages for severe emotional distress on a negligence cause of action, even where the plaintiff was not injured. Additionally, the claim may, in some cases, allow for a third-party “bystander” to recover when he or she perceives the injury of another. Severe emotional distress exists where a court finds that an ordinary and reasonableRead More …
California Survival Cause of Action
When a loved one dies from injuries resulting from someone else’s negligent or intentional wrongdoing, California Survival Cause of action may be available. Survival actions are those that would have been filed had the decedent not died from his injuries. Generally, California law allows the personal representative of the decedent’s estate to commence a lawsuit that survives the death of the loved one. If there is no personal representative, then it is the “successor in interest” that is permitted toRead More …
Parking Lot Slip and Falls – Full Information In 2021
Parking Lot Slip and Falls can lead to severe injuries resulting from falling on the pavement. Common causes of these injuries include: Ice, snow, or rain collecting in the parking lot Water and other spills by others Debris and garbage in the parking lot Inadequate lighting and signs warning of obstacles in the parking lot Defects in the pavement such as potholes and cracks Drivers inability to see when backing in or out of parking spaces Determining liability for parkingRead More …
Watch Out for Drunk Driving Accidents During the Holidays
The time between the end of October and the beginning of January is an exciting time of year as many favorite holidays take place including Halloween, New Year’s, and everything in between. However, holiday excitement can mean an increase in revelry and alcohol consumption. This increase in partying heightens the risk of severe injuries and deaths resulting from Drunk Driving Accidents. In fact, between 2013 and 2017, 131 people on average died as a result of an alcohol-related accident onRead More …
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