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.

  • Page 6
  • 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.
  • ERISA Subrogation Rights | Regarding San Diego Injury Settlements ERISA stands for The Employee Retirement Income Security Act of 1974, and it is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these pension and health plans. ERISA protects the assets of millions of Americans so that funds placed in retirement plans during their working lives will be there when they retire.
  • 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.
  • San Diego, California, Lawyers | Paraplegia and Quadriplegia | Injuries A minor or severe spinal cord injury can make you feel as if nothing will ever be the same again. Your vital nerve command system is impaired. While you are struggling with the anger, fear, loss, and depression that are often associated with a traumatic personal injury, you are also called upon to make important decisions about your future.
  • San Diego Attorneys for Commercial Vehicle Accidents | Injuries Commercial vehicle accidents happen unexpectedly, often at the worst possible times, and the injuries they cause are severe. Each year in California, commercial vehicle accidents cause serious injuries, including broken bones, back and neck injuries, spinal cord injuries, traumatic brain injury, and wrongful death. California is full of freeways and large commercial trucking is big business since we have huge ports located up and down the coast.
  • Climate Adaptation and the Fifth Amendment to the United States Constitution As the impacts and potential of climate change are realized at the governance level, states are moving towards adaptation strategies that include greater regulatory restrictions on development within coastal zones. The purpose of this paper is to outline the impacts of existing and planned regulatory mechanisms on the Fifth Amendment to the United States Constitution, which prevents the government taking of private property for public use without just compensation.
  • Sustainable Approaches to Managing Small-Scale Ecosystems This paper reviews the current management scheme used by Massachusetts to protect vernal pools, which represent small-scale ecosystems, and analyzes its relative strengths and weaknesses from an overall sustainability standpoint by looking at the frameworks developed for management.
  • Regulatory Takings and Rising Tides The purpose of this article is to focus on how background principles of law, as explained in Lucas and seen in the light of climate change mitigation and adaptation, may be used as a defense to regulatory takings claims.
  • Cape Wind Proposal Faces a Renewed Political Storm "It's not surprising that during a time of economic strife that the political game is to focus on fear," said Chad McGuire, an assistant professor at the University Massachusetts, Dartmouth.