Defendants raise a number of defenses in personal injury cases in order to prove that they are not negligent. Three of the most common defenses to a negligence cause of action are: The defendant owed no duty of care to the plaintiff Often defendants will try to claim they had no duty to act in [...]
California law defines ordinary negligence as the failure to use reasonable care to prevent harm to oneself or to others. A person is negligent if he or she: Does something that a reasonably careful person would NOT do in the same situation, or Fails to do something that a reasonably careful person WOULD do in the same [...]
Under California personal injury law, people often owe a “duty of care” to others. The duty is often created by law — for instance, teachers and daycare centers have a duty to look after children who have been left in their care. Drivers have a duty to obey traffic laws so as not to create [...]
In order to recover damages in a personal injury case in California, a plaintiff generally needs to prove three things: That the defendant owed the plaintiff a duty of care; That the defendant breached such duty through negligence; and That the defendant’s negligence was a substantial factor in causing the harm (“causation”).1 A person is negligent when he or she fails to act the way a reasonably [...]
Taking the trial court's decision to its logical conclusion, any person (not just a family member) who contracts COVID-19 from an infected employee would be able to bring a tort lawsuit against the employer,
Settlement is faster, less expensive, and less risky. Most personal injury cases settle out of court, well before trial, and many settle before a personal injury lawsuit even needs to be filed. Settling out of court can provide a number of advantages over litigating a case through to the (often bitter) end.
Settlements are typically faster, more efficient, cost less, and less stressful than a trial. ... You and your personal injury attorney may accept or deny any settlement offer that is given to you. You are also free to negotiate a better settlement. With a trial, you have to accept what the judge or jury gives [...]
If you don’t have insurance but were not at fault for the accident, you can file a claim with the other party’s insurer. Keep in mind, however, that the other party’s insurance company does not represent you. While your own insurer must act in good faith in regard to your claim, the other party’s insurer [...]
After a motor vehicle accident in California, people should contact the following parties, in this order: First responders, if immediate medical assistance is required; Local law enforcement, if it is more than a fender bender; and The person’s own auto insurer — or, if the person is uninsured and not at fault for the accident, the [...]
The California statute of limitations to sue for injuries from a car accident is generally two years. Note that this is how long you have to sue the other party or his/her insurer, not how long you can take to report the accident to the California DMV and your insurer. Most insurance companies require that you notify [...]
