California
What is the
statute of limitations for filing a slip and fall lawsuit?
In CA, the SOL is generally 2 years. However for claims against public entities,
the SOL is decreased to 6 months.
What must an injured
person prove to determine when someone else is legally responsible?
Generally, the injured party must prove that a dangerous
condition caused the accident, and the property owner or possessor knew of the
dangerous condition.
Every year, over 6 million Americans are involved in car
crashes, and over 30,000 are fatal. Drivers, passengers, and others involved in
automobile accidents can suffer physical injuries as well as property damage.
After an accident, paperwork and run-arounds can pile up.
Police, car and medical insurance companies, and hospitals, just to name a few,
want information and documentation. This time alone can cause one to miss hours
of work.
4.5 million Americans are victims of dog bites each year,
according to the Centers for Disease Control. One in five require medical
attention, some of which lead to multiple reconstructive surgeries. Laws vary
from state to state, but personal injury lawyers are available throughout the
country to assist victims in regaining losses due to dog bites.
Despite much controversy over the viciousness of various dog
breeds, any dog can bite at any time.
Head and spinal injuries are some of the most severe
injuries one can sustain. They can be due to many causes, from work-related
accidents to car crashes. Consequences of such injuries can include death,
coma, paralysis, seizures, loss of senses, and other life-changing
disabilities.
Depending on surrounding circumstances, many victims are
able to sue for damages, both physical, mental, and property. Courts do take
into account a percentage of fault in any accident, and many cases are lost if
a victim is found to have been partially liable for the accident and its
subsequent injury.
Nursing home abuse cases have increased significantly in the
past few years. This is largely due to the rising number of elderly men and
women choosing nursing homes as the U.S. average lifespan lengthens. It is
estimated that most of the millions of instances of abuse or neglect in homes
go unreported, often because the victims are unable to communicate.
Personal injury law is a branch of law that deals with the
making whole of victims of injury, usually of a physical or psychological
nature. These can range from libel and slander to dog bites, and include any
case where a defendants negligence or ill intent led to the harm of
another.
In many cases, fault is taken into account. A victim must
prove that the accused is more at fault for the accident, especially in cases
of vehicle accidents, slips and falls, and other such cases. This means the
accused was responsible for maintaining some type of safe condition, failed to
do so, and caused direct harm to the victim.
While sexual abuse is considered a violation of criminal
law, civil cases often follow criminal court proceedings. Victims and
prosecutors in criminal court must prove beyond a doubt that the abuse
occurred. In civil court, victims must only prove it is more likely than not
that the accused is guilty.
Even if the accused is found not guilty in a criminal court,
the victim can still sue for monetary damages. The damages can include medical
bills (including those for psyho-therapy or counseling), pain and suffering,
and other provable damages.
Trucking accident result a distinct type of auto accident
case. One in every 8 accidents in America involves a large commercial
truck. The sheer size and weight of
these vehicles precludes a higher percentage of injuries and fatalities in the
smaller automobiles involved in the accident.
Truckers also have a higher likelihood of being at fault in
such accidents. Alcohol or drugs are sometimes involved, and driver fatigue is
very likely to be a contributing factor.
Wrongful death lawsuits are filed by a victims family in
order to be awarded monetary damages for the death of a relative. The suits
usually claim negligence, misconduct, or intentional harm inflicted by another
person.
Some common cases include claims of medical malpractice,
automobile accidents, occupational hazard, or illegal behavior, such as
homicide. Damages are awarded based on pecuniary injuries, which take into
account the victims age, health, income, and other factors. These expenses
support the family in addition to monetary awards for grief counseling and
other pain and suffering.
