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Swanson O’Dell

From The blog

Standards of Proof

Introduction If a case goes to trial, as the plaintiff, you bear the responsibility of proving your case against the defendant. Inversely, as the defendant, you enjoy the protection of the presumption of innocence. Contrary to popular belief, this presumption is not limited strictly to criminal law. Unlike criminal law, however, the threshold of how much has to be proven, and how clear that...

Negligence vs. Recklessness, Definitions Under CA Civil Law

Negligence and Recklessness: Why does it matter? Negligence and recklessness are often used interchangeably in everyday conversation. Unfortunately, the legal system doesn’t speak quite the same language as the average citizen and finds these two terms legally distinct. When you have suffered an injury, fully understanding these two concepts will aid you in knowing what you have to prove and...

Documentation and Evidence

Preparing For Your Case Recovering from an accident can be a tremendous job. Undertaking the steps to get medical treatment and file claims can be onerous work entirely on its own. When confronted with a recalcitrant opposing party or insurance company, it can often feel overwhelming. A skilled personal injury attorney can help guide you through the process. However, there are some things that...

Comparative Negligence

Introduction If a vehicle changes lanes without signaling and gets rear-ended by another driver going fifteen miles over the speed limit, you may have a case where both drivers are partially at fault for the accident. So what now? Do you take full blame for the accident? Does this mean that you are out of remedies? The short answer is ‘not usually.’  This wouldn’t be the first time courts have...