Recent Blog Posts
MEDICAL NEGLIGENCE, BATTERY OR BOTH?
As the law in California is presently constituted, recovery of damages for medical negligence is limited to general (non-economic damages) in the amount of $250,000.00, plus, any additional economic or special damages. Economic damages would include, but are not limited to future medical expenses and/or loss of earnings/loss of earning capacity. But what happens… Read More »
Product Liability for Christmas Products and Toys
Christmas is a time for joy and celebration. It’s when the family comes together, you drink warm eggnog and you all gather around the Christmas tree while opening presents. However, the holiday could be ruined if one of the presents you purchased or toys you gave your child turns out to be defective. If… Read More »
Employees Required to Receive COVID-19 Vaccine?
Although for most of us, it will be some time in the future before we can receive the Covid-19 vaccination, we must ask ourselves if we must be vaccinated to keep our jobs? Historically, vaccinations have been required at work places, schools and daycare centers for other medical conditions/issues. What about now? On December… Read More »
Negligent Infliction of Emotional Distress and Modern Technology
A recent case, Ko v. Maxim Healthcare Services, Inc. (Dec. 23, 2020, No. B293672) ___Cal.App.5th___ [2020 Cal. App. LEXIS 1222, touches on Negligent Infliction of Emotional Distress and how this type of claim may be evolving in the modern era. Thing v. La Chusa, (1989) 48 Cal. 3d 644, is the governing case for NIED… Read More »
WHAT MAKES A GOOD SLIP AND FALL CASE?
A “slip and fall” case is a situation where someone claims that they were injured because of a dangerous condition on someone else’s property. Many times, these incidents occur at public places, such as parks, on sidewalks or walkways, and at grocery and other retail stores. They do not have to involve an actual… Read More »
NEW YEARS WISHES FOR AN INJURED WORKER
Here’s Our Wishes for you This New Year. 1. That you have a small Worker’s Compensation Case. Typically, the greater your injuries, the greater your permanent disability and the greater your settlement. It would be wrong to ever wish a large settlement upon someone as that would be the equivalent of wishing that they… Read More »
Hockey Player Responsible for Injury to Other Player?
In general, persons have a duty to use due care to avoid injury to others, and may be held liable if their careless conduct injures another person. This general rule, however, does not apply to co-participants in a sport, where conditions or conduct that otherwise might be viewed as dangerous often are an integral… Read More »
SUBPOENA PROBLEMS: CUSTODIANS OF RECORD (Part 1)
Subpoenas are a mechanism for obtaining discovery from non-party witnesses or organizations, usually in the form of documents or testimony. During the course of a personal injury lawsuit, several rounds of subpoenas end up being issued by defense attorneys to obtain the medical and employment records of the plaintiff from medical providers and current… Read More »
I Got Injured on the Job – Now What? Part 2
Find a Workers’ Compensation Lawyer A workers’ compensation lawyer will represent you and help you get the benefits you deserve. They will obtain your medical records, fill out your workers’ compensation claim form, draft legal documents, and go through the investigation/discovery process on your behalf. This could include representing you at your deposition or… Read More »
MICRA ON 2022 BALLOT
In 1975, then Governor, Jerry Brown, signed into law the Medical Injury Compensation Reform Act (MICRA). MICRA placed a limit of $250,000.00 on non-economic damages, so called “pain and suffering” damages in actions filed for medical negligence. Since 1975 there have been multiple attempts to modify the law, to increase the potential damages for… Read More »
