Every state, including California, has statutes of limitations that govern when legal claims must be filed. The medical malpractice statute of limitations is three years from the date of the injury or one year from the date that the plaintiff learns that he or she has been injured or reasonably…
Articles Posted in Personal Injury Claims
CA Court Rules on Intentional Infliction of Emotional Distress Claim
Under California law, emotional distress is a recognized category of injury that people can suffer and for which they can recover damages when it is negligently or intentionally inflicted by others. In Crouch v. Trinity Christian Center of Santa Ana Inc., Cal. Ct. App. No. G055602, the court considered whether…
CA Appeals Court Rules Against Student Injured on Campus
When personal injury cases in California go to jury trials, both the plaintiffs and the defendants are allowed to question potential jurors. The courts may also allow them to make opening statements so that they can present information about the facts and circumstances of their cases. However, as the case…
Corporate America Trying to Avoid Responsibility for Causing Injury and Death
When corporations have potential liability in personal injury and wrongful death cases, they often aggressively litigate legal claims that are filed against them by the victims and their families. Businesses may try to limit their liability in several ways. The business owners may try to avoid personal liability by structuring…
California Appellate Court Rules on Forcing Personal Injury Plaintiffs to Treat Through Health Insurance
When people in California are injured in accidents because of the negligence or recklessness of other drivers, they may face devastating injuries that require complex treatment. People who file lawsuits in California to recover damages may recover their past and future medical expenses. If they are insured, their damages recovery…
Liebeck v. McDonalds – The Truth Behind the Hot Coffee Case
Most people have heard about the McDonald’s coffee case and might have misconceptions about it. The case, Liebeck v. McDonald’s, in which a 79-year-old woman ordered a 49-cent cup of coffee in a drive-through and then burned herself by spilling it garnered national attention. The case is still the subject of…
Injured horseback rider denied recovery due to assumption of the risk
Sports and recreational activity participants may be barred from recovering damages following injury accidents during those activities if what occurred was an inherent risk associated with that sport or activity. When people choose to engage in risky activities, California law says that they have assumed the risk of injury by…
Why “Tort Reform” Is Not Supported By Either Liberal or Conservative Values
As an American, I am proud of our country’s heritage which embraces a broad spectrum of ideals including what are traditionally known as “liberal” or “progressive” values as well as “conservative” values. I think both John F. Kennedy and Ronald Reagan were great leaders in their own right who probably…
Origins of Personal Injury Laws in the U.S. Including California
“No man is above the law and no man is below it; nor do we ask any man’s permission when we ask him to obey it.” Theodore Roosevelt As a personal injury attorney who represents people who have suffered catastrophic injuries or death of themselves or a family member, I…