Tag Archives: Injury Attorney
Hazardous Recreational Activities
Imagine yourself on your day off, participating in your favorite recreational activity, on public property. Whether it’s mountain biking, kayaking, off-road motorcycling/four-wheeling, surfing, or water skiing, what is your recourse should you sustain an injury by participating in that activity? Generally speaking, the Government Code of the State of California provides that neither a… Read More »
WHO IS CHECKING YOUR STATUS?
The health info you post online could be used against you. Dislike! By Jessica Girdwain When you log on to Facebook, what do you post? Pics of you laughing with friends or frolicking on vacay? That’s what Nathalie Blanchard, a 30-year-old IBM technician from Granby, Quebec, did – and soon after, her disability insurance… Read More »
James Heiting cited by “Chicago Lawyer’s” Robert A. Clifford
I stood before 12 people, a cross-section of Miami-area residents who were to consider the case of a family who lost a loved one in a small plane that crashed off the coast as it attempted to take off. The cause of the crash was a defective part, manufactured by a local company whose… Read More »
WHAT TO DO AFTER A WORK RELATED INJURY?
The general and safe response is that all injuries should be handled the same way, however, that methodology may not be practical in the course of your work day. Any injury that causes you to believe that you need the care of a doctor should be reported immediately. The person(s) that is considered your… Read More »
California Supreme Court Finds Liability for Tractor-Trailer Parked Along Freeway
On February 28, 2011, the California Supreme Court decided the case of Cabral v. Ralphs Grocery Co. (Docket No. S178799). This is another case revolving around a deadly motor vehicle accident in which a tractor-trailer was involved. See my previous article here: In Cabral, Plaintiff’s husband, the decedent, was driving his pickup truck home… Read More »
PROTECTING YOURSELF WITH UM/UIM COVERAGE
California requires all motor vehicle operators to maintain liability insurance with limits of at least $15,000. What happens if your injuries in an auto accident exceed that coverage? Uninsured and underinsured motorist (UM/UIM) policies may help. They provide coverage for you, in case you are in an accident caused by a driver with no… Read More »
California’s Good Samaritan Law – Liability for Rendering Emergency Care
California has codified, in Health & Safety Code § 1799.102, what is sometimes referred to as a “Good Samaritan” Law. Prior to August 2009, this Section stated: “No person who in good faith, and not for compensation, renders emergency medical care at the scene of an emergency shall be liable for any civil damages… Read More »
Statute of Limitations – Wrongful Death
According to state law, a wrongful death action is a cause of action for the death of a person caused by the wrongful act or neglect of another. Such a cause of action can be brought by only a limited number of people having some type of relationship to the person that died. The… Read More »
Collateral Source vs. Hanif – The Fight for Plaintiff’s Damages
The legal community in California is astir with news of the developments towards abrogation of the Hanif/Nishihama reduction. With several cases pending decision by California’s Supreme Court, the question for the would-be plaintiff is: what is the difference between Hanif and the Collateral Source Rule? The answer depends on whether the plaintiff has health… Read More »
The Real Losers Under MICRA
California enacted the Medical Injury Compensation Reform Act, known as MICRA, in 1975 to combat concerns over the availability and rising price of medical malpractice insurance. This Act established a limitation, or cap, of $250,000 on the amount a person could recover for any pain, suffering, distress, anguish, and loss of quality of life… Read More »