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Who is Liable for Damages When a Car Accident is Caused by Road Debris?

By Richard Irwin |

Potholes. Debris in the road. Forgotten traffic cones and signs. Large pieces of furniture that were dumped by third parties but ignored by the state. There is no telling what you are going to run into when you are driving along the highway or interstate, which means that you may have very little, if… Read More »

Malicious Prosecution Elements Get Clarified

By Jean-Simon Serrano |

To prevail in a malicious prosecution action under California law, a malicious prosecution plaintiff (the defendant in the underlying action) must show that: (1) the plaintiff in the underlying action pursued a claim with subjective malice, (2) the claim was brought without objective probable cause, and (3) the underlying action was terminated on the… Read More »

THEY HAVE LOST THEIR MINDS!

By Richard Irwin |

Unfortunately, to the injured workers’ detriment, it seems as if the powers that be have once again… lost their minds. What I am referencing this time is the latest inroad on apportionment. One aspect of “apportionment” is the concept/principle whereby a physician assigns a percentage of an individual’s overall permanent impairment to a prior… Read More »

CALIFORNIA DRIVERS WORST IN THE NATION

By Sara Morgan |

I recently read an article about the “Best and Worst Drivers by State 2017”, as ranked by an insurance news website.   Is there any surprise that California was ranked the worst? Some of the key factors contributing to the increase in car-related deaths (since 2015), and in the average cost of a car accident,… Read More »

Rideshare Accidents: What You Need to Know

By Jean-Simon Serrano |

Uber and Lyft are more popular than ever, and more people are opting to support local drivers rather than big name taxi companies. While this is certainly great for small businesses and individual drivers, it does increase the risk of liability for these companies, as well as for individuals. Unfortunately, though ridesharing services may… Read More »

Overview of Product Liability Cases

By Sara Morgan |

Product liability cases work a bit differently than normal personal injury claims in that the plaintiff (injured party) does not have only one option to prove negligence; but, he or she may show that the product harmed him or her in some way and that the product was, in fact, defective. Bearing that in… Read More »

How are Pedestrian Accidents Settled?

By Richard Irwin |

When a pedestrian is hit by a vehicle, the victim is not likely to walk away without a few cuts, bruises, and serious injuries. Vehicles are much larger, and much heavier than the human body, so any sort of impact, no matter how slight, may result in serious and long-term injuries or death. The… Read More »

WHAT ARE “SOFT TISSUE INJURIES”?

By Dennis Stout |

In the course of many personal injury litigation cases, we come across the defense counsel or insurance representative’s comments that “its just a soft tissue case.”  What does that mean? Soft tissue injuries are damages to muscles, ligaments and/or tendons throughout the body.  Injuries would not include fractures or dislocations of body parts.  Common… Read More »

Medi-Cal Liens and the case of Martinez v. Department of Healthcare Services

By Jean-Simon Serrano |

Let’s discuss Medi-Cal liens and the case of Martinez v. Dept. of Healthcare Services 2017 Cal App. Lexis 1167. Mr. Martinez filed a medical malpractice action and ultimately settled it for $150,000.00. The settlement did not apportion the $150,000 among medical expenses and other damages. After settlement, Martinez attempted to negotiate his Medi-Cal lien… Read More »

What to do When the Liable Driver Does Not Have Insurance

By James Heiting |

When two vehicles are involved in a car accident, it is common practice for the  responsible party’s insurance company to pay for damages, including property damage, medical expenses, and any other damages that stem from acquired injuries. However, according to CarInsurance.com, one in eight drivers is uninsured, with rates ranging from 4.5% of drivers… Read More »

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