What Case Do I Have? When you suffer an injury, there are several different ways to get relief for your damages. Under the law, physical injuries usually fall under two areas of practice, personal injury law and worker’s compensation claims. These two areas are often very similar and can frequently overlap, so it’s important to know what sort of claim you are filing and the general principles...
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...
What Is Comparative Negligence?
California is what is called a pure comparative negligence state. What this means is that in every accident, the jury will be asked to determine what percentage of fault to assign to each driver. This can range for 100% and 0% in cases of clear liability, to a true 50-50 split if the jury believes each party was equally at fault. While the rules for different kinds of damages are complicated,...
What Should I Look For On My Insurance Coverage To Make Sure My Family Is Protected?
When examining a potential insurance policy, you need to check on several things: Overall coverage, both for property damage and for medical. Gap coverage if your vehicle is financed. Uninsured/underinsured coverage. Deductibles on various events. Whether there is any umbrella coverage. One thing to ask your agent is what your rate would be if you increased your coverage amounts. The most...
I Got Hit By A Hit And Run Driver: What Now?
There are two things to do after a hit and run. First, you need to make a police report. Give the investigator any information you have about the accident, including the name and number of anyone who saw anything that might be useful. There are some bad consequences if the driver cannot be found. Law enforcement’s investigation can be cursory, short, and simply a shrugging of the shoulders if...
How Can An Attorney Help With My Medical Care After An Accident?
Sometimes it can be difficult to get the medical care you need after an accident, and the out-of-pocket expenses can add up fast. If you are not at fault in the accident, an attorney can help you find a doctor that will treat on a lien. What this means is that you agree to pay the medical bill out of the settlement money you will receive in your lawsuit. This can be particularly useful when you...
What Is Accident Reconstruction?
Accident reconstruction is a process where experts determine the cause of an accident, assign fault, and also calculate force and direction of impact, which can be important for determining what injuries could be caused by the accident. The experts used for this are first, the accident reconstructionist. This is usually a mechanical engineer who is trained in using the physical evidence, such as...