May' 2017 | Archive | Blog
California has a special law that limits the amount of compensation in medical malpractice cases for non-economic damages. The Medical Injury Compensation Reform Act was introduced on 1975 as a way to decrease the costs associated with solving medical malpractice lawsuits. Our Los Angeles personal injury attorneys can tell you more about this Act and help you understand how it applies to your case.
Many personal injury cases are settled before they go to court for fear of a longer wait if the case if taken to court. While some of the advantages of settling may be important to certain plaintiffs, it is useful to check the disadvantages of settling a personal injury case before you make a final decision. One of our Los Angeles personal injury attorneys can help you evaluate your options and decide what is more suitable in your case.
Most personal injury lawsuits do not reach the trial phase. This is because many plaintiffs find that in their particular case it is more advantageous to settle than to start a potentially costly and lengthy trial. Our Los Angeles personal injury attorneys discuss some of the most important reasons why you should choose to settle your personal injury claim.
When can it be said that a defendant caused the accident and how do courts define causation in personal injury cases? The standards for defining cause, blame and negligence are in accordance with the rulings made by the California Supreme Court and some of them are based on previous personal injury cases. The actual cause and the proximate cause of injury are important in these types of accidents. Our Los Angeles personal injury attorneys can answer your questions and tell you what to expect during the trial.
Can a negligent act speak for itself in a personal injury case in Los Angeles? While in most types of cases the burden of proof falls on the plaintiff, there may be times when negligence may be proved through the circumstances in which the injury occurred. When an accident couldn’t have happened without a legal blame, is the plaintiff excused from having to prove that the defendant was negligent? Our Los Angeles personal injury attorneys discuss this case and how the legal doctrine is defined in the California Evidence Code.
Accident victims will often need emergency medical care and immediate treatment is extremely important in most of the cases. Seeking a complete and through medical examination is useful not only to gather the bills once the insurance coverage is depleted but also to assess the true impact of the accident. With the help of one of our Los Angeles personal injury attorneys, victims can build their case, based on the medical evidence, against the insurance carrier.
Sometimes the defendant and the plaintiff are bound by a pre-existing relationship: whether it is a doctor-patient relation, an employment or family relation. When a personal injury case is taken to court, the judges may impose stricter demands for the existing duty of care if the defendant and the plaintiff are related. Find out more from our Los Angeles personal injury attorneys and learn how to build your personal injury claim.
Most employee injuries will be based on the employer’s negligence and his inability to provide safe or adequate working conditions. But how far does this liability extend? Can it be used if the employer caused an accident while under the influence? Our Los Angeles personal injury lawyers talk about the vicarious liability doctrine and how it can be used in your case.
Six individuals in California reported severe injuries after they underwent surgery for a hip replacement that used a metal hip system. A lawsuit was filed against a subsidiary belonging to the large pharmaceutical company, Johnson & Johnson, and the plaintiffs were awarded 1 billion between them. One of our Los Angeles personal injury attorneys can help you if you were injured by a defective medical device.