Victims of personal injury or on-the-job accidents are often unsure of their rights and options. These library articles offer the reliable information victims need to make smart decisions about their cases.
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Bio-Mechanical Engineer | To Exclude Testimony in a Car Accident Case San Diego Car Accident Law Firm: This memorandum of law is offered in support of Plaintiff's motion in limine to preclude the Defendant's biomechanical engineer from testifying at trial that the forces to which Plaintiff Samuel LaMott was exposed in the motor vehicle collision of November 25, 1992 were insufficient to cause his injuries on the grounds that: -
The Slip & Fall Victim's Shoes in a San Diego California Injury Fall Case The shoes of the slip and fall victim are very important to a San Diego, California slip and fall accident case. In my injury law practice, I always ask my slip and fall client to save their shoes in a plastic bag as a reminder to my client not to wear the shoes in question so as to preserve them as evidence in case we need them for the following reasons: -
The Floor of the Slip & Fall Accident in a San Diego Fall Injury Case The floor of where a slip and fall accident occurred is very important for a number of reasons. First, and foremost, there may be a very good reason why the slip or fall happened which is directly related to the type of floor or flooring surface. One of the first things I ask my injured client is about the floor itself. What was the traction like? Did it have traction? You see, lack of adequate traction is one of the most common causes of falls in businesses and retail stores across California. -
Why the Slip & Fall Victim is Important to His or Her San Diego Fall Injury Usually the victim of a slip and fall injures him or herself because he or she is doing something reasonable, like shopping, or looking for their kids while shopping. The issue of who the victim of a slip and fall is centers on what that person was doing when they fell. Were they doing something reasonable or unreasonable? -
The Wollerman Rule on a San Diego Slip and Fall Injury & Accident Case The Wollerman court case is relevant to your San Diego slip and fall injury. In order to create a more equitable balance of justice in regard to the burden of proof in a retail store or supermarket slip and fall case, the court in Wollerman shifted the burden of proof to the defendant (business property owner), Grand Union, to show that it exercised reasonable care in maintaining its retail stores. -
Mysterious Causes & Slip and Fall Injuries | A San Diego California Insight The injured party was shopping and walking down the "household products" aisle of a discount department store when all of a sudden she slipped and fell causing serious injuries to her body. The injure party claimed the floor was super slippery, which made her left foot slide back causing her fall. -
Business Owner's Failure to Warn of Hazard | San Diego Slip and Fall Injury If the business owner knows or should have known of a dangerous condition on the premises that he or she knew was possible or "foreseeable" or could present a danger to patrons, then he or she is said to have a duty to exercise ordinary care in either: -
Slip & Falls in California Retail Stores & Markets | San Diego Injury Firm Slip and falls that lead to injuries in California retail stores and other businesses, like supermarkets, are not the most common type of San Diego slip and fall accident, but they tend to be the most hotly litigated area of slip and falls. -
Mode of Operation in a California Slip and Fall Case | San Diego Injuries Courts are using the "mode of operation" theory more and more on slip and fall cases. Mode of operation simply refers to the manner in which the merchandise in a retail store is displayed or packaged, and how that is relevant to any slip and fall injury that occurred inside the retail store. The phrase "mode of operation" was first coined to describe the application of a relatively new rule that extended liability to a storeowner if he or she failed to inspect or clean his or her store. -
Permanent Disability in a San Diego Work Comp Case | What to Know If you have a San Diego workers' compensation case, one item you need to know about is permanent disability. Simply said, it means you have a lasting disability or impairment to the function of a particular body part or part(s). It is extremely important to your San Diego work comp case because the result or amount of any permanent disability is considered the foundation of value of your entire San Diego work comp case. -
Effective Use of the Make Whole Defense for a San Diego Injury Case Because any amount of reimbursement that a personal injury victim must pay at the conclusion of his or her personal injury case has a major impact on his or her net recovery, it is vitally important for his personal injury lawyer to make effective use of the make whole doctrine. Therefore, an injured client's entire health plan document(s) should be obtained early in the case. (I always ask for this information when I retain my injured clients so I have it early enough to set a good foundation that will eventual help increase the clients net recovery). -
What You Need to know About San Diego Work Injuries | Specific v. Cumulative When it comes to a San Diego Workers Compensation Injury you have to be mindful of two types of injuries. These include a "specific" type work injury, and the other is called a "cumulative" type injury. They are only important in terms of difference, but this can have both negative and impacts on your potential San Diego work comp accident. -
Health Insurance Lien Subrogation Rights | San Diego Injury Law Firm It's true! I get this question a lot from my injury clients too. They forget or do not realize that their health insurance is like a "glorified loan that needs to be paid back if and when they receive verdict or settlement from their injury case." I have had clients tell "why do I have to pay back a health insurance policy when I pay monthly premiums for the health benefit?" Believe me, this is not advertised out in the media, so not many people are aware of this fact. However, there is some light at the end of the tunnel, but first you should understand briefly how it works in the state of California: -
How to obtain California Personal Injury Case Value | Settlement Worth No attorney, can tell you how much your California personal injury case is worth until you have completed all your medical care and your doctors have released you, and your attorney has all this information in front of him and her. Then, and usually only then, will an experienced accident lawyer know what the "value range" is on your given case. I am not telling you have a crystal ball on every single case either, but I can tell you that most insurance companies follow a very detailed formula in obtaining a settlement range or value on a given injury case. For more details on what they use (computer) you can click here for more intriguing details. If you are only interested in the formula they use, continue reading. -
How Long Will My Injury Case Take to Resolve | San Diego Accident Law Firm The length of time it will take for your injury case to resolve is dictated by several factors that are different from one person to the next. Your injury case is unique to you, just like your bodily injuries are unique to you. This makes it very difficult to compare your injury case to another and come up with an accurate time frame of how long your injury case will take to resolve. The following list will give you an idea of what factors are crucial in determining that length of time: -
AMA Whole Person Impairment Rating From a San Diego Accident | Injury San Diego Medical Impairment Injury Attorney: I have been practicing personal injury law in San Diego county California since 1999; and since that time, I have come to one conclusion about what the biggest value driver is in a given person's injury case in the state of California: -
Mauling and Scarring Injuries from a San Diego California Dog Bite San Diego Dog Bite Injury Law Firm: At our law firm we work with the victims of mauling and scarring to help them gain a full and fair recovery for their injuries. Since 1999, we have been representing personal injury victims in courts throughout California, and have earned a reputation as one of the leading personal injury law firms in our state. -
Coma from Head Injury | Comatose | Vegetative State | San Diego Injury A coma is a state of deep unconsciousness in which a person lacks both awareness and wakefulness. A vegetative state is when a person is awake but has lost awareness of their surroundings. When is a person said to be in a prolonged vegetative state? A person is said to be in a persistent vegetative state if their condition last more than 4 weeks, or in a permanent vegetative state if their condition has remained the same for more than 1 year. -
San Diego, California, Child Injury Lawyers | Birth Injury | Medical Negligence Sadly, birth injuries are often some of the most devastating types of injuries because they have the ability to affect a child's entire life. If this has happened in your family, you may be struggling with how to cope with the situation; pondering over what has happened, and then wondering about who may be legally at fault. At our San Diego Injury law firm, we understand this, and our experienced legal team works hard to make sure that our clients get the best possible results in settlements and jury verdicts throughout the state of California. -
San Diego Attorney | When an Injury Causes Seizures We are well-equipped to handle even the most difficult personal injury cases — including cases related to complex diagnoses, traumatic brain injury, and seizures. For many years, we have been helping people throughout the state of California, and throughout the county of San Diego take legal action, reclaiming their lives, and moving forward after an accident.