Recent Blog Posts
WHAT IS “INFORMED CONSENT”?
The patient must receive “sufficient information to make a meaningful decision” about their healthcare (Cobbs v. Grant (1972) 8 Cal.3d 299). When a doctor recommends a particular procedure, then he or she must disclose to their patient all material information necessary to the decision to undergo the procedure, including a reasonable explanation of the… Read More »
PRE-JUDGMENT INTEREST
Did you know that the law provides for an award of pre-judgment interest in a personal injury lawsuit? California’s Civil Code, Section 3288 provides that “[i]n an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion… Read More »
Things to Know in Personal Injury Cases (in no Particular Order)
Review the Statute of Limitations The statute of limitations is a time limit that usually begins at the date of injury; but alternatively, the time limit may vary, depending on circumstances. For example, according to the Judicial Branch of California, the statute of limitations for most personal injury cases is two years; however, it… Read More »
Car Accidents Resulting From Someone Driving Under The Influence Of Drugs
The dangers of driving under the influence of drugs or alcohol are well-known. But unfortunately, each day countless motorists still choose to drive while high or drunk. This reckless decision endangers not only the driver, but any other motorists, pedestrians, or cyclists that the driver encounters on the road. When an intoxicated driver causes… Read More »
Bike Accidents Without Helmets
Bicycling is an eco-friendly and popular form of transportation, as well as a common recreational activity. When a bicyclist does not have a helmet and is involved in an accident, they could experience severe injuries. Learn more about the risks of riding a bicycle without a helmet and why protective gear is essential. If… Read More »
DID YOU KNOW THERE ARE DOG BITE EXPERTS?
A useful tool in litigating “dog bite” cases (see my prior blog about how a “bite” is not necessarily involved) involves a professional assessment of the subject dog’s behavior. Although a veterinarian, or the subject dog’s specific (or primary care) veterinarian, may be deposed or called as a witness, there are experts with qualifications,… Read More »
The Long-Term Effects of Car Accidents
According to the National Safety Council, there are 282.4 million vehicles and 228 million licensed drivers in the United States. While driving has become significantly safer since cars first hit the roads, many still experience crashes resulting in significant injury(ies) and long-term effects. If you have been injured in a car accident, you should… Read More »
Steps To Take If I Hit A Cyclist With My Car
According to The National Safety Council, there were approximately 325,000 preventable non-fatal injuries from bicycle transportation incidents in 2020. With an increasing number of Americans taking to the road with bicycles, it seems reasonable to assume that more accidents are likely to occur, and many drivers may be wondering: What do I do if… Read More »
WHAT MAKES SCREENING & INVESTIGATION OF MEDICAL MALPRACTICE CASES SO DIFFICULT?
WHAT MAKES SCREENING & INVESTIGATION OF MEDICAL MALPRACTICE CASES SO DIFFICULT? Answer: The complexity of these cases, the cost of preparing and litigating these cases, the high risk of no recovery, and the clients’ personal attachment to the case. Generally, the first steps include gathering relevant information and all medical records, conduct appropriate… Read More »
Does Primary Assumption of the Risk Apply to a Mandatory Physical Education Class?
Does Primary Assumption of the Risk Apply to a Mandatory Physical Education Class? This was the question taken up by the Second District Court of Appeal in the case of Nigel B. v. Burbank Unified School District (2023) 2023 Cal. App. LEXIS 506. As a quick reminder, the primary assumption of the risk doctrine… Read More »
