Legal News GavelSometimes, the harm that results from an accident can be straightforward and immediately apparent. For example, a situation where a person trips, falls and breaks an ankle is just such a scenario. In other circumstances, though, the harm that is triggered by an accident may include damages that are not immediate. When yours is the latter type of scenario, you may still be entitled to recover compensation for all of the harm you suffered, as long as the accident was the “proximate cause” of all of that harm. For advice about proximate cause, foreseeability and representation in your accident case, look to an experienced California injury lawyer..

Here’s a real-life example from an actual case (Orange County Superior Court Case No. 30-2016-00838494): The accident took place during the running of a 5K run/walk held on the sidewalks of a city 37 miles outside Los Angeles. The race was put on by a seller of running/walking shoes and other gear.

The race course ran through a construction zone at one point. Racers had to cross a construction driveway to get from one area of sidewalk to the next. 60-year-old T. caught her foot on a 1.5-2.0 cm ledge located within that driveway.

bike laneAny time a loved one is killed due to the negligence of another person, it is heartbreaking. It is also a scary time, as the loss of a loved one may, in addition to causing great emotional damage, also inflict financial hardship upon the loved ones left behind. While no sum of money can replace the loss of loved one, an award of compensation may be both proper and necessary to address the possible financial crisis that a loved one’s sudden death might bring about. To make sure your family gets the compensation that you should, be sure to work with a skilled California injury attorney when it comes to handling your case.

A recent Southern California accident demonstrated how harmful alleged negligence behind the wheel can be. According to a Los Angeles Times report, the accident occurred on a straight and unobstructed stretch of Mulholland Highway in Los Angeles County. A Los Angeles Sheriff’s Deputy was returning from having responded to a call. A he traveled down the straight stretch of highway, he allegedly sent a personal text message to his wife and also typed on the patrol car’s computer. The patrol car eventually strayed into the bicycle lane and crashed into a bicyclist at roughly 48 mph. The bicyclist slammed into the police vehicle’s windshield.

Although he was wearing helmet, the bicyclist was declared dead at the scene. The Los Angeles government and the cyclist’s family reached a settlement in which the family received payment of $12 million.

Legal News GavelWhen you experience the loss of a loved one due to an accident, it is inherently tragic and horrifying. If that accident occurred due to someone else’s negligence, there may be many things that you find yourself facing. In addition to personal and family issues, there could also be legal issues. The loss of your loved one undoubtedly left a hole in your heart, but it may also have left a hole in the financial well-being of your family. To make sure your family is protected in terms of your legal rights, be sure to retain a skilled California wrongful death attorney to handle your case.

Succeeding in a wrongful death case involves several different types of proof. For example, take the lawsuit pursued by the family of a San Francisco jogger killed by a bus. Lori was out for an early morning jog in November 2014 when, according to witness testimony, she jogged across a city intersection with the light. As she crossed, a Golden Gate Bridge, Highway and Transportation District bus turned left, and the two collided. Lori died roughly an hour later.

To succeed in a wrongful death case like this, you need evidence that shows that the person or entity you sued was at fault. In Lori’s family’s case, they had eyewitness testimony that Lori jogged across the street with a white “walk” signal in her favor. That indicated that Lori had the right of way and that the driver improperly failed to yield.

Legal News GavelAccording to the Los Angeles Times, an injured woman and the family of a deceased woman worked out a settlement recently with the City of Los Angeles to bring to an end lawsuits that accused the city of failing to maintain parts of the Venice Beach Boulevard properly, allowing a driver to avoid barriers and crash into pedestrians located on the Boardwalk. The outcome occurred in part because the plaintiffs were able to defeat the city’s claims of immunity (which would have ended their lawsuit) and were subsequently in a position to negotiate a workable settlement. Whether you are intent upon pursuing your case all the way to judgment or are open to settling, it helps to have skilled California pedestrian accident counsel on your side, who can provide you with the benefit of their experience and give you the advice you need.

The accident happened on a late summer afternoon in August 2013. Locals and tourists were enjoying the usual activities along the Venice Beach Boardwalk until a driver, who had managed to maneuver his car around the Boardwalk’s barriers, drove his vehicle into the crowd on the Boardwalk. The crash injured 16 and killed one Italian woman who was on her honeymoon.

One of the injured people, as well as the family of the deceased woman, sued the City of Los Angeles. The lawsuits asserted that the inadequacy of the barriers between the Boardwalk and a nearby city street (which the driver used to enter the Boardwalk with his car) amounted to a dangerous condition and that the city’s failure to correct this hazard made it liable for the injuries caused.

handshakeIn any complete settlement agreement, there is more within that document than just a payment term and a provision for a release of claims. These additional terms may seem to be a mere formality, but they can be very important. That is just one of many reasons why seasoned California personal injury counsel can benefit you, making certain that all of the terms (rather than just the dollar figures) properly protect your needs and interests.

A recent California case is an example of the importance of these “other” terms. Christopher, a man who filed a personal injury lawsuit in Southern California, worked out a settlement with the defendant. In that settlement, the defendant agreed to pay Christopher $250,000 in exchange for ending the lawsuit.

In the settlement agreement, one of the additional terms beyond the payment provisions stated that, if either side had to undertake a court action to enforce the settlement agreement (and it won that subsequent case), that party was entitled to recover attorneys’ fees.

Legal News GavelIn many vehicle accident cases, the basic misconduct that has led to the injured person’s harm is negligence. The wrongful conduct that is to blame for most vehicle crashes is merely negligent and is not intentional. However, there may be many different negligent missteps made, and these may allow you, as an injured plaintiff, to assert many different causes of action in your injury lawsuit. Asserting multiple different causes of action is often beneficial to your case. The more different bases you can give the jury (or the judge in a non-jury trial) to hold the people you’ve sued to be responsible and liable for your damages, the better your chances of obtaining a full and fair compensation award. For advice and strategies for pursuing compensation in your auto accident case, be sure to talk to an experienced California car accident attorney.

A recent example of how an injured plaintiff may bring multiple different negligence causes of action was the case of two brothers injured by a trucker. This was a result of a horrific highway crash. Hector was driving his semi-truck through a construction zone when the commercial truck allegedly crossed the center line and slammed into a private vehicle carrying two men, Michael (an off-duty law enforcement officer) and his brother, Matthew.

The accident caused extremely extensive harm to the brothers, including, according to a livetrucking.com report, shattered vertebrae (Michael), fractured ribs (Matthew), and traumatic brain injuries (both). The injured brothers sued Hector and his employer. In the brothers’ case, they accused Hector of being negligent in his operation of the truck. This is a common claim and essentially argued that, if the truck driver had driven his vehicle in a sufficiently safe manner, the accident wouldn’t have happened. This claim frequently relies upon a combination of witness testimony, document evidence (like accident scene photos and accident reports), and, in some cases, the opinion testimony of an expert (like an accident reconstruction specialist).

Legal News GavelWhile there is no amount of money that can replace the loss of the life of a parent and spouse, that truth does not change the fact that the premature death of a primary breadwinner creates a massive financial difficulty for the family he or she leaves behind. That is why it is important to protect your family through promptly pursued wrongful death litigation when such an event occurs. If you’ve lost a loved one due to someone’s negligence, you should reach out right away to a knowledgeable California wrongful death attorney to discuss your options and opportunities to pursue an appropriate recovery.

Successfully pursuing a wrongful death case can involve many essential steps and techniques. Take, as an example, a case recently before the Court of Appeal. 31-year-old Pablo was a migrant agricultural worker who was working at an orchard in Riverside County when his 20-foot aluminum ladder came into contact with a power line. The low-hanging, high-voltage line surged 12,000 volts of electricity through Pablo’s body, killing him.

The worker’s estate sued the electric utility for wrongful death. The estate’s case was that the high-voltage electrical wires were too low, and, if they had been at an appropriate height, the fatal accident would not have occurred. The estate’s case contended that applicable regulations required the wires to be at least 25 feet off the ground, but the wire that killed Pablo was only approximately 18’ 10” off the ground.

Legal News GavelHealth insurance is an everyday part of life for many of us. The Affordable Care Act was passed and signed into law due to the federal government’s recognition of just how interwoven health insurance is with health care in this country. One of those aspects in which health insurance interweaves with health care is the idea of an insurer’s “network” and a treatment carrying different prices, depending on whether the provider was “in network” or “out of network.” Thus, what if you are significantly injured in an auto accident? You likely will require a substantial amount of medical care, but, if you sue and receive compensation for your injuries, you won’t be responsible for paying the bills you rack up. Are you still responsible for limiting yourself to providers within your network? If you’ve been injured in an auto accident and find yourself in need of answers to these and other questions, contact a knowledgeable California truck accident attorney to discuss your options.

A recent case involving an injured passenger named Dave explored this scenario and provided some helpful guidance for people injured in California vehicle accidents. Dave was injured in a Ventura County auto accident caused by Jose, who was, at the time of the accident, an employee of an organics company. The RV driven by Dave’s wife developed a flat tire on a freeway, and the semi truck driven by Jose slammed into the rear of the RV, causing serious injuries to Dave’s face, teeth, neck, and lower back. He ultimately underwent a three-level spinal fusion surgery to address his back problems. Dave had insurance, and his insurer had a “network” of preferred providers. Dave, however, decided to seek care from providers who were outside his plan.

Eventually, Dave sued the organics company for Jose’s negligent driving. In his case, Dave sought a substantial award of medical expense damages. At trial, the injured man had documented proof of the medical bills he had amassed. At the trial’s end, the jury ruled in favor of Dave and awarded him $3.6 million in damages, including $269,000 in past medical expenses. With regard to medical expense damages, the jury awarded Dave the full billed amount that he established in his case.

Legal News GavelEach personal injury case comes with its own unique set of circumstances. Sometimes, the events that unfold may make a case more complicated than it might have otherwise been. One of the keys to success is making sure that, whatever happens, you are prepared and equipped to continue forward through the legal system and get the compensation you need. To do that, it helps to make sure that you have a knowledgeable California car accident attorney handling your case.

Take, for example, the injury case of a Bay Area woman named Rebecca. Her case began with an accident during the winter holidays of 2013. Rebecca was a passenger in a vehicle that was hit by a vehicle driven by 91-year-old Raymond. Raymond’s auto insurance policy had a limit of $15,000 for any single injury and $30,000 for any one incident.

Shortly after the accident, Raymond died from unrelated causes. When the person who is at fault for the accident that injured you dies shortly after the crash, that can potentially create complications for you. The law only allows you to sue living people or entities currently in existence in order to obtain compensation for the harm you suffered. If another driver caused a crash that injured you, and that driver is living, you would sue that driver. If the driver has died, pursuing compensation generally involves naming the deceased’s probate estate as the defendant. This may become complex if there is no legal heir who steps up and becomes the personal representative of the deceased person’s estate.

Legal News GavelThere can be many different ways to achieve a successful result in your injury case. Some of these favorable results may be achievable without even having to go to trial. If your opponent does not perform certain procedural tasks within the period established by the law, you may be able to obtain a “default judgment,” which can allow you to receive compensation just as if you’d had a full trial and won. Default judgments are just one example of the techniques available to help you with your case. A knowledgeable California premises liability attorney can provide you with the advice and representation you need for pursuing default judgments or any of the other options available to you under the law.

One example of a successful default judgment case was the one filed by Rita, a tenant in Los Angeles County. One day, Rita slipped and fell on a puddle of water, injuring herself. Rita decided to sue her landlord for premises liability, asserting that the area of water was a result of a leakage from defective plumbing. The plumbing leak was a result of the landlord’s failure to repair the defect, which made him liable for the woman’s injuries, according to the plaintiff’s lawsuit.

The landlord was served with court papers on March 20, 2015. The requirement was completed by a registered process server who personally served the landlord. The landlord admitted that he received these papers. Eleven months later, Rita served the landlord with additional papers containing her statement of damages. Again, the landlord was personally served by a registered process server. Those papers stated that the tenant was seeking more than $80,000 in damages.