Personal Injury Claims

now browsing by category

 

Common Defenses to Negligence – Full Guidelines 2021

Common Defenses to Negligence

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

The inside of a courtroom

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?

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 …

Pedestrian Accidents May be the Scariest Thing about Halloween

A Jack-o-Lantern with Smoke Coming out of it

Halloween is the spookiest time of year. On October 31, ghouls, goblins, and monsters of all sorts take to the streets for a few tricks and plenty of treats. Families will be out with their children who hope to score big and take home pounds of candy. However, spookier than the vampire making his way down your street is the increase in pedestrian accidents on All Hallows Eve. Even scarier is the fact that Halloween falls on a Saturday thisRead More …

Statute of Limitations FAQs – Secret Revolve in 2021!

a hourglass depicting the passage of time

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

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

a damaged car after a collision

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 …

Common Hotel Accidents: What you should know in 2021

a hotel pool

Hotels are meant to be accommodating, and when you book your room, the last thing you expect is to be injured during your stay. Hotel accidents, however, are more common than you may realize, and they are often very dangerous. If you’ve been injured in a Common Hotel Accidents, seek the professional legal counsel of an experienced Los Angeles personal injury attorney.  The Hotel’s Duty of Care As the hotel’s guest, its management owes you and every other guest aRead More …

Slip and Fall Accidents at Work

Slip and Fall Accidents at Work

Slip and fall accidents are often far more dangerous than they sound, and some of the most dangerous slip and falls happen on the job. If a Slip and Fall Accidents at Work leaves you injured, don’t delay consulting with an experienced Los Angeles personal injury attorney.  Workplace Hazards The National Safety Council (NSC) shares some illuminating statistics related to falls on the job, including all of the following: Falls are the third most common cause of fatal accidents overall. They areRead More …

Escalator Accidents Can Cause Serious Injuries – Full Information 2021

escalators in a shopping mall

Escalators are incredibly convenient. After all, who wants to hike up all those stairs when you can do so effortlessly on an escalator. While escalators don’t exactly strike fear in most of us, escalator accidents do happen, and they can be remarkably dangerous. Often such accidents are caused by faulty design, faulty parts, or inadequate maintenance. If an escalator leaves you injured, it’s time to consult with an experienced Los Angeles personal injury attorney.  Escalator Accidents Escalators are highly mechanizedRead More …