Category Archives: Uncategorized
Suing an Architect, Professional Engineer or Land Surveyor? Watch Out!
There’s a lesser known requirement embodied in Code of Civil Procedure Section 411.35 that sets forth special requirements when filing a professional negligence case against an architect, a professional engineer, or a land surveyor. This section requires that the filing attorney attach a certificate of merit when filing the complaint. The certificate of merit… Read More »
When Standing Next to a Horse Becomes “Horseback Riding.”
Imagine you are participating in an endurance, 50 mile-long horseback riding event in Perris, California. Two hours into the event, you and six others stop together, get off your horses, stand single-file, on the trail at a required checkpoint. While you are standing, waiting to check in at the checkpoint, another rider gets knocked… Read More »
Why You Shouldn’t Try to Settle Your Medical Malpractice Claim Before You Call a Lawyer
I’ve written numerous times about how the medical malpractice laws in California are greatly stacked against plaintiffs – short statute of limitations, $250,000 general damages cap, and cases such as Flores v. Presbyterian Hospital where a defective hospital bed was found to be “medical malpractice” and governed by MICRA’s exceedingly pro-doctor provisions and Cuevas… Read More »
I fell in a store. Do I have a case?
I get calls for these types of injuries all the time. A condition or defect on the property of a business causes you to fall and you sustain injuries due to the fall. This could be due to a slippery floor, a crack in the pavement, a pothole, etc. Do I have a case?… Read More »
Primary Assumption of the Risk in “Sports” Cases
Since the landmark case, Knight v. Jewett (1992) 3 Cal 4th, 296, it has been held in California that the primary assumption of risk doctrine applies to those whom participate in sports. The Knight case involved a group of friends playing touch football during half time of the 1987 Super Bowl. While jumping up… 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 »
Representation May End Upon Filing of Motion to Withdraw… but not always
When does representation of a client end? Does it end with your client being dismissed from the lawsuit? Does it end when your client receives their settlement check or when you receive your last check for fees? What about for purposes of malpractice? The statute of limitations for legal malpractice is set out in… Read More »
Can Stress Lead to a Car Accident?
In 2013, 424,000 people were injured and 3,154 people died in vehicle accidents caused by distracted drivers. It is estimated that almost 660,000 drivers are using electronic devices or cell phones at any given time on our country’s highways, interstates, and roads. When you take your eyes off the road to send or read… Read More »
Injured, but told to Return to Work
Many times during our practice we encounter a situation where the injured worker believes that they cannot return to work, but their treating physician had releases them to return to work. Typically, in such situations, the physician has returned them to work in a “modified duty” capacity – meaning that they have been provided… Read More »
Workers’ Compensation “No-Fault” System
Did you know that even if you are injured on the job and that injury is partially your fault or even totally your fault you are, in many (even most), circumstances entitled to workers’ compensation benefits. These benefits can include monies paid to you at two-third’s of your average weekly wage while you are… Read More »
