Recent Blog Posts
SOME “PEARLS” FOR INJURED WORKERS
Here are some things you should know and should consider if you file a Workers’ Compensation case as a result of a work-related injury: If you are physically and/or emotionally able to continue working without aggravating your injury or causing more harm to yourself–do so; A workers’ compensation settlement will not make up for… Read More »
How Courts Treat Silence in Response to Motions
Once a California personal injury lawsuit is initiated, it is common for each party to exchange one or more motions during the discovery and pretrial phase. These motions may request the other party produce certain evidence, may seek a final ruling on the merits of the suit and rights of the parties, and/or ask… Read More »
Medical Malpractice: Majority Of Republicans Favor Increasing Micra Limits
California enacted the Medical Injury Compensation Reform Act, known as MICRA, in 1975 to combat concerns over the availability and rising price of medical malpractice insurance. This Act established a limitation, or cap, of $250,000 on the amount a person could recover for any pain, suffering, distress, anguish, and loss of quality of life… Read More »
Causation Issue Causes Idaho Personal Injury Victim to Lose Case
One of the basic elements of every negligence case is “causation.” In other words, in order for an injury plaintiff to prevail against a defendant and obtain a monetary judgment from the defendant, the injury plaintiff must prove that the defendant’s careless behavior caused the victim’s injuries. If the plaintiff is not able to… Read More »
Another Win for the Negligent Doctor
Since at least 1975 and the formation of the Medical Injury Compensation Reform Act (MICRA), medical malpractice laws have been greatly slanted in favor of the offending doctor. Due to things such as the cap on general damages ($250,000 set in 1975 and never adjusted for inflation), very short time limits for the commencement… Read More »
What Should I Do With a Defective Product?
It is a well-established legal principle that manufacturers who create and then distribute a dangerous or defective product that ends up causing injury to a customer may be ordered in a personal injury lawsuit to pay compensatory damages to the injured customers. However, any such damages are only recovered after a settlement has been… Read More »
Chief Justice’s “State of the Court” Address Smacks of Politics (?)
A few weeks ago, many of us lawyers and judges, selected leaders from across the state, came together in Sacramento to lobby legislators to give more attention to the needs of the courts and access to justice in our legal system through funding of needed repairs and construction to facilities, budgetary concerns regarding staffing… Read More »
What to Bring to Your Free Initial Consultation
Visiting your California personal injury lawyer for the first time can be intimidating, especially when you or your loved one are reeling from the effects of a personal injury accident. Yet speaking with an attorney is the first step toward recovering the compensation and monetary damages you need to address your losses and expenses…. Read More »
Is California a “Fault” State for Car Insurance Purposes?
When a California car crash occurs, which driver’s insurance pay for the damages? This is a fundamental question that many car crash injury victims have in the aftermath of a collision. After all, identifying the proper insurance company with which to file a claim, or identifying the party who may be responsible for paying… Read More »
Damaged Sidewalks Now Cause for Lawsuit Against Cities
Compared to drivers of motor vehicles, bicyclists must be aware of the many hazards around them that can lead to a serious bicycling accident. Some of these hazards are ones that would not be considered “hazards” for drivers of motor vehicles, such as roads with small cracks, potholes, and other such dangers. One bicyclist… Read More »
