This regularly updated blog offers information on a wide range of personal injury topics. Browse these posts for information on common accidents, injuries, damages, and more.

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  • Protective Orders | Speedy Trial Request | Injured Child in San Diego, CA As mentioned, your Cal child’s injury lawyer can obtain protective orders to protect your child during discovery, depositions, and trial. Briefly, here are....
  • Calculating Damages in a Child's Wrongful Death Case in CA | San Diego San Diego Child Wrongful Death Lawyer: When an adult dies as the result of negligence in California, the pecuniary (financial) loss to the family is easier to..
  • California Wrongful Death of a Child | Limits & Defenses | San Diego Lawyer California law does limit damages a parent can claim for the death of his or her child. Under the California Code of Civil Procedure Section 377.34...
  • CA Statute of Limitations for Wrongful Death of a Child | San Diego Kid Injury Lawyer California law, under the Code of Civil Procedure Section 335.1,45 also mandates a strict time period (statute of limitations) that parents have in order to...
  • California Parental Liability | Teen-Age Kid Driving | San Diego Child Injuries San Diego Kid Injury Lawyer: All California parents need to explore parental liability for teenage driving prior to signing for a license for their teenager...
  • California Civil Liability to Parents | Minor Kids & Child Injuries & Accidents The California Supreme Court ruled that an adult homeowner accused of negligently failing to supervise her son (also an adult)—thus enabling him to repeatedly
  • California Child Crimes | Juvenile Court, Sealing Records | Kid Injury Law Firm If your minor child is charged with a crime in California then he or she would be arraigned (administered) in the California juvenile court system.
  • Special Statute of Limitations for Child Abuse in California | San Diego Generally speaking, any legal action for an injury to a minor child in California, either physical or mental, is tolled until the child’s eighteenth birthday.
  • Death of a Fetus & Preconception Injuries in California | San Diego Child Injuries Many people have inquired about wrongful death actions for unborn fetuses in California. Each state in the United States varies on whether a person may bring...
  • Preparing the Plaintiff for the IME | San Diego Car Accident Law Firm Preparation for the IME is important in any injury case. Before the plaintiff (injured party) goes to the medical examination (the independent medical exam called by the defense), he or she should review the medical records as the defense medical doctor will take a detailed medial history, often from date of birth forward.
  • Attending the IME Exam | What to Expect for your San Diego Car Accident One of the earlier California cases allowing an attorney-at-law to be present at an Independent Medical Exam (IME) called by the defense was Shariff v. Superior Court of City & County of San Francisco (1955). What is interesting from this case was the courts logic or rationale for why a representative would be needed in the exam:
  • Defense Insurance Medical Exams for a San Diego Car Accident Injury When the insurance company, in the first party stance, demands an exam, the plaintiff (injured party) should generally cooperate and attend in the accordance with the contract of insurance. However, safeguards should be insisted upon to the full extent as reasonably possible.
  • Auto Insurance Companies Known to Use Colossus for Accident Claims Colossus is a computer program that is the auto industry's leading computer system for assisting claims adjusters in the evaluation of bodily injury claims from accidents. It assists claims adjusters in interpreting value to medical reports and to look up definitions of injuries, treatments, complications and permanent impairments using AMA 4th Edition guidelines data.
  • Permanent Disability under San Diego Workers Compensation Laws | Injuries The term Permanent Disability simply means an injured California worker has any lasting disability to a particular body part or parts that results in a reduced earning capacity or ability to work in the specific field that was part of the job in which the injured worker was injured. If your work related injury or illness results in permanent disability, then you are entitled to what the California Labor Code calls permanent disability (PD) benefits or PD benefits for short, even if you are able to go back to work after you recover from your work related injury.
  • Medical Care and Your San Diego Workers' Compensation Case San Diego Work Comp Law Firm: In the California workers’ compensation system, as an injured worker, you have the right to receive medical treatment that is reasonably required to cure or relieve the effects of your work related injury or illness, at the expense of your employer (your employer pays the insurance premiums to have work comp insurance which is required by California law). This medical care or treatment includes all necessary medical examination, diagnostic, surgical, chiropractic, acupuncture, and other hospital treatment along with any necessary nursing care, medication, crutches, orthotic and prosthetic devices, and other medical services that is directly related to the work related illness or injury.
  • Origin of the Make Whole Doctrine | For San Diego Personal Injury Cases The make whole rule developed as an equitable defense to health insurance subrogation claims. Therefore, it is important for you to understand in your San Diego personal injury case. Under the rule, an insurance carrier seeking subrogation was denied any recovery until and unless the insured was made whole. This raised the issue of how one determines when an insured is made whole in order to apply the rule!
  • Specific On the Job Injuries Compared with Cumulative Injuries | San Diego Under the California Labor Code, there are two types of injuries that a California worker can suffer on-the-job or during their course and scope of employment. The first type is there is a “specific" on-the-job injury. This is the most common type of work comp injury when people think of a work comp injury. For example, if you lift something heavy and injure your back, or if you are assaulted during work, or if you are involved in a car accident while making a work related delivery, then these are all considered a “specific” on-the-job injury that result directly from a specific incident that can be identified. There is no question of the causation of the injury. The second type is called a “cumulative” or “repetitive” on-th-job injury.
  • What is a Traumatic Brain Injury | San Diego Brain or Head Injury Attorney San Diego Brain Injury Lawyer: A Brain Injury Accident is a potentially life altering event and may result in long-term or short-term impairments (under the AMA Impairment Guidelines 5th Edition). Brain injuries have differing levels of severity and affect each victim differently because each person's body is different, and each accident is very different bio-mehanically speaking. A person who has suffered a brain injury or brain trauma from an accident may have to readjust many areas of their life, and, sadly, they may not be able to continue living the way they did before the injury. Some areas that may be affected as a result of brain injury may include the following areas:
  • California Independent Medical Exams Exposed | San Diego Accident Lawyer As you will read below, IME’s are NOT “independent” in any sense of the word, and they are regularly used by insurance companies to improperly deny benefits to deserving people in their respective accident claims. The problem is at first blush it seems "fair" for an at-fault party to use an IME to understand the injured party's injuries; however, it is my opinion that they have been eroded to "pigeon hole" each injury claim as undeserving, and incentives are given to the IME doctor to be on a mission to look for anything, and I mean anything, that can make an injury case worth less no matter what (it is not about being independent or fair any more, and maybe it never was).
  • San Diego Auto Accident Lawyer | Soft Tissue Injury is Not a Minor Injury The insurance companies spend millions of dollars each year to make sure their adjusters are trained to evaluate injury claims. Part of this training involves giving the adjusters the mindset that all soft tissue injuries are minor and all soft tissue injuries heal within four to six weeks.This mindset is dangerous because it is black and white, and, unfortunately, the vast majority of adjusters believe it is true. It is also dangerous because it “pigeonholes” every soft tissue injury case into a minor injury category, which simply goes against the medical facts. It also excludes age, sex, weight and other important factors that help explain the severity of a soft tissue injury.