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Swanson O’Dell

From The blog

Common Misconceptions About Personal Injury Lawsuits

Harsh Reality Personal injury law can be complex and confusing. Furthermore, thanks in large part to the dramatization of the legal process in entertainment, there are plenty of misconceptions that arise. Unfortunately, the reality of personal injury lawsuits too often slaps plaintiffs in the face. We’ll cover some of the common misconceptions so that you can make informed decisions and not...

How Injury Settlements Work

So You’ve Been Injured After the devastation of an injury, most people are left picking up the pieces. Damaged property, medical bills, and lost income can wreak havoc on a person’s life. While TV shows have often depicted injury plaintiffs as greedy opportunists looking for a large payout, the fact is that most of these people simply want some semblance of normality back in their lives....

How to Calculate Damages

Why Do I Need to Calculate Damages? When you file your case, you request from the court an amount to award you as compensation for your injury. You present your list of injuries and you state before the court what it is that those injuries have cost you. Sometimes, you may even ask for punitive damages to prevent the person who injured you from committing similar acts in the future. When you...

Statute of Limitations

A Limit on Justice? Many people are familiar with the idea of the statute of limitations because of crime dramas and documentaries. Pop culture has frequently portrayed these laws as capricious, confusing, and irrelevant, and to an injured plaintiff, that portrayal can feel painfully accurate. But the reality of their place and importance in our legal system cannot be avoided. Navigating through...

Personal Injury vs. Worker’s Compensation

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...

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,...