June' 2016 | Archive | Blog

Motion for Default Judgment in a Personal Injury Case

In a personal injury case, and other civil lawsuits, default judgment refers to judgment without trial when the defendant has ignored the summons or failed to file a defense. If this is the case, the plaintiff can ask for a motion for default judgment from the court. This has important implications for the settlement of the personal injury case. If the person you have accused of being responsible for your injuries failed to answer your complaint, one of our Los Angeles personal injury attorneys can help you take the next steps for settling your case.

Motion to Dismiss in a Personal Injury Case


In some personal injury cases, the defendant has the possibility to file a motion to dismiss in the early stages of the litigation, even before the initial discovery phase is complete. The court will have to analyze this motion and decide if it is valid based on a few legal consideration. As a plaintiff, you can request the help of an L.A. personal injury attorney early on to make sure that the defendant cannot make a complaint and legally dismiss your request for compensation.

The Proof Necessary in a Personal Injury Case


The person making a personal injury claim is also the one who will have to prove that his allegations are true. This “burden of proof”, as it is referred to, falls onto the plaintiff as it is his responsibility to prove the claims and the actions of the defendant. A Los Angeles personal injury attorney can help you determine exactly what you have to prove and if it must be proven exhaustively. 

The Elder Abuse Act in California


The Elder Abuse and Dependent Adult Civil Protection Act allows a number of protection rights to elderly individuals and adults that are dependent on others. Elder abuse can take a number of forms and its occurrence is not limited to nursing homes. If you suspect financial abuse, neglect or oppression, and even malice, you can request the services of a Los Angeles personal injury attorney.

The Degree of Privacy in Personal Injury Lawsuits

When involved in a personal injury lawsuit you will need to provide relevant information for the case. In some cases, this will mean accessing past medical records and make them public as a plaintiff. In other situations, the defendant will try to use any means to find out relevant information about your past that might indicate that you are also liable. While individual privacy has a high degree of protection, you should be very well informed about the legal limitations and the actual degree of privacy in personal injury lawsuits.

Personal Injuries after Accidents Caused by Rental Cars


If you are injured while driving a rental car, your personal injury claim will resemble that in any other vehicle accident. After you get the needed medical attention after the accident, you must inform the company that rented you the car. These companies have a duty of care towards their clients and must provide vehicles that are in order and property functional and remove any vehicles that, although new, might have been recalled by the manufacturer.

The Contingency Fee of a Personal Injury Attorney


Personal injury lawyers in Los Angeles usually work based on a contingency fee. This means that they will not receive any payment until the case is won, but once that happens, they are entitled to an often significant percentage of the compensation win. The arrangement you make with your personal injury lawyer is important and you should discuss this aspect with the attorney beforehand.

What You Should Know About State Disability Insurance


Individuals hurt during a personal injury accident like a car accident who can no longer work are entitled to receive disability insurance. The state of California provides a partial wage-replacement plan but individuals should know how each type of insurance and coverage applies to their particular types of injuries, disability and general inability to continue working to receive payment.

Babysitter Liability in Child Personal Injury Cases


Parents can make a claim of negligent supervision in cases where their child in injured because of the actions or inattention of the babysitter. A number of factors are important when making such a claim, including the ability to prove that the plaintiff indeed accepted to take full responsibility for taking care of your baby. A Los Angeles personal injury attorney can help you obtain compensations in child injury cases in Los Angeles and other cities in California.

The Documents Required for the Initial Consultation with a Personal Injury Lawyer


When you first decide to seek legal help, you will have an initial discussion with a lawyer based on the evidence you collected. Our Los Angeles personal injury attorneys can provide you with an initial consultation for your case. In order to maximize your chances, you need to bring all the materials, evidence and records you possess that are related to the accident and can represent essential information. Together with a lawyer you will be able to browse through the data and determine what is essential for your case and what can be used to determine the defendant’s negligence.