Recent Blog Posts
What Form, If Any, Do I Need to File With the DMV After an Accident?
California law requires the reporting of all car accidents on streets and highways that result in bodily injury, death, or property damage exceeding $1,000. If you have been involved in a car accident, you are legally obligated to obtain, complete, and submit Form SR-1 to the California Department of Motor Vehicles (DMV). If you do not… Read More »
CALIFORNIA COURTS HAVE JURISDICTION OVER CONDUCT OCCURRING WITHIN THE STATE
The California Court of Appeals has recently re-affirmed that California courts have proper jurisdiction over actions that occur within the state, regardless of whether the defendants are residents of California. In the matter known as Doe v. Damron, the plaintiff and defendant were residents of the state of Georgia, and had been married there. … Read More »
USE OF EXPERTS IN MEDICAL NEGLIGENCE CASES
Under the law in California, and practically every other state or jurisdiction, proof of liability (negligence) against a healthcare provider requires expert testimony regarding both the applicable standard of care and causation of the negligent act to the injury. In most cases, an expert will be retained in the same, or very similar field… Read More »
EVIDENCE OF VEHICLE VALUE CAN COME FROM KELLEY BLUE BOOK
Surprisingly, a recent Court of Appeal ruling from the Fourth Appellate District about a criminal case could possibly have some benefit to people seeking recovery or reimbursement for property damage to their automobiles. The underlying case, referred to as The People v. Tyrus Jenkins, G059110, involved criminal charges against Mr. Jenkins for a variety… Read More »
Is Evidence of a Kelley Blue Book Evaluation Hearsay?
This titular question is one that the California Court of Appeal for the Fourth District was recently asked to answer in the case of People v. Jenkins (2021) 2021 Cal. App. LEXIS 843. A jury convicted Tyrus Jenkins of first-degree burglary of a residence with a person present, second degree burglary of a car,… Read More »
Damages From a Motorcycle Accident
Motorcyclists face a number of dangers when out on the road. When a driver crashes into them and causes them to be injured, they may be entitled to damages due to the motorcycle accident. It’s important to figure out the ins and outs of motorcycle accidents and damages one could potentially receive and to… Read More »
Do I Have a Workers’ Comp or Personal Injury Lawsuit After Getting Injured at Work?
You always thought that if you got injured while on the job, you’d automatically qualify for a workers’ compensation settlement. However, now you think you might have a personal injury lawsuit on your hands instead. How do you know the difference? You can figure it out by researching if you have a workers’ comp… Read More »
RES IPSA LOQUITUR
“Res Ipsa Loquitur” is a doctrine used to prove negligence based upon circumstantial evidence in tort (injury) cases. The res ipsa doctrine is basically a presumption that “the thing speaks for itself,” and allows a judge or jury to deduce negligence where there is no other reasonable explanation for what has occurred. The three… Read More »
AVOID STATEMENTS RECORDED OR SIGNED
Over the many years that I have been practicing workers’ compensation law, I have spoken with many people who are either looking for a workers’ compensation attorney to represent them or who just have some questions they want answered during a time that they are choosing to represent themselves. A question that I am… Read More »
SIDEWALK DANGERS: WHO IS RESPONSIBLE FOR MY TRIP AND FALL?
As a City ages, and its trees mature, a common problem that can arise upon public sidewalks is a lift or protrusion to some portion of the slab that can cause or contribute to a fall incident. Many times, roots from nearby trees are to blame, but there are many other possible causes including… Read More »
