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Category Archives: Personal Injury

Big Rigs Taking Over California Freeways

By Dennis Stout |

Has anyone noticed the abundance of big rigs/commercial vehicles on our local California freeways? The abundance of these commercial vehicles has much to do with the construction of warehouses in close proximity or to freeways and airports for convenience of transportation of products. As such, there seems to be a greater number of these… Read More »

The Importance of Acceptance Provisions in a 998 Offer

By Jean-Simon Serrano |

We’ve discussed 998 offers in the past(here, here, and here).  What happens if a 998 offer is sent but doesn’t include a specific provision for acceptance?  What happens if the attorney that receives this purported 998 offer wants to accept and, writes in an acceptance line, and returns it to the offering party?  Is… Read More »

DO I HAVE A VALID MEDICAL NEGLIGENCE CLAIM?

By Dennis Stout |

In order to effectively evaluate any potential medical negligence claim, you should first consult with an experienced attorney in the field of medical negligence.  The initial consultation should include a detailed history of the events leading up to the alleged negligent conduct as well as the end result.  Remember, a poor result or bad… Read More »

The Importance of Naming the Correct Parties as Soon as Possible

By Jean-Simon Serrano |

A recent California Court of Appeal decision, (Organizacion Communidad De Alviso v. City of San Jose 2021 Cal. App. LEXIS 115) highlights this importance. From the official case summary: Defendant city filed two notices of determination (NODs) for a proposed project to rezone fallow farmland for light industrial uses. The first NOD listed the… Read More »

SOMETHING YOU SHOULD KNOW IF YOU HAVE A WORKERS’ COMPENSATION CASE AS WELL AS A THIRD PARTY PERSONAL INJURY CASE

By Richard Irwin |

1. If both a pending Workers’ Compensation Injury claim as well as a Third Party Personal Injury claim arising from your work-related injury, it is important that you have a basic understanding regarding the issue of “Credit”; 2. The issue of credit often arises when you settle your third party injury case and you… Read More »

What Do You Do if You’re a Victim of a Hit and Run?

By James Heiting |

Getting into any kind of car accident is extremely stressful. But when you’re in a hit and run, it can be that much more traumatic because you don’t know who it was that is responsible for your accident. Who do you bring a lawsuit against? Will you be able to claim any compensation for… Read More »

MEDICAL NEGLIGENCE, BATTERY OR BOTH?

By Dennis Stout |

As the law in California is presently constituted, recovery of damages for medical negligence is limited to general (non-economic damages) in the amount of $250,000.00, plus, any additional economic or special damages. Economic damages would include, but are not limited to future medical expenses and/or loss of earnings/loss of earning capacity. But what happens… Read More »

Employees Required to Receive COVID-19 Vaccine?

By Dennis Stout |

Although for most of us, it will be some time in the future before we can receive the Covid-19 vaccination, we must ask ourselves if we must be vaccinated to keep our jobs? Historically, vaccinations have been required at work places, schools and daycare centers for other medical conditions/issues. What about now? On December… Read More »

Negligent Infliction of Emotional Distress and Modern Technology

By Jean-Simon Serrano |

A recent case, Ko v. Maxim Healthcare Services, Inc. (Dec. 23, 2020, No. B293672) ___Cal.App.5th___ [2020 Cal. App. LEXIS 1222, touches on Negligent Infliction of Emotional Distress and how this type of claim may be evolving in the modern era. Thing v. La Chusa, (1989) 48 Cal. 3d 644, is the governing case for NIED… Read More »

Hockey Player Responsible for Injury to Other Player?

By Jean-Simon Serrano |

In general, persons have a duty to use due care to avoid injury to others, and may be held liable if their careless conduct injures another person. This general rule, however, does not apply to co-participants in a sport, where conditions or conduct that otherwise might be viewed as dangerous often are an integral… Read More »

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