Personal Injury Category Archives

Can you sue for an STD in California?

December 5, 2018 | by Moseley Collins

Sexually transmitted diseases (STD’s) can be life-changing. When you find out you have contracted a disease from someone you had sexual contact with, it affects you in several different ways. You may be sick, develop symptoms and feel the physical repercussions which may even include death. There are also deep emotional issues that come with a sexually contracted disease. Sex is an emotional action and it can be very traumatic to think the person you love has given you a disease. In the instance of noncommittal sex, it can be just as emotionally traumatic. These particular types of diseases have serious and long-lasting effects on the human body. They can cause death, disfigurement, sterilization, and life-long pain.

In California, there are circumstances where you can sue the person who infected you with a sexually transmitted disease. There are even rare cases in which you can sue and not have been infected. A threat of exposure can be grounds for a civil lawsuit. There are several different California legal theories that you may be able to rely on, if you are considering suing someone in relation to a sexually transmitted disease. The two most common used in these suits is civil battery and negligence. The theory you choose for you suit will depend on personal circumstances.

Civil Battery and Sexually Transmitted Diseases

Should I Sue for My Car Accident?

March 15, 2017 | by Moseley Collins

Even the smallest car accident can send your life into a tailspin. More serious accidents can affect you for a lifetime. Medical expenses due to injuries related to the accident, damage repair, loss of work… all of these things can alter your life for years if not an entire lifetime. Add to that, the stress and confusion of dealing with other drivers, insurance companies and police. Such a compendium of issues at one time is a tremendous mental strain on an individual. When all this occurs, victims often find themselves financially strapped with many unexpected bills threatening to destroy their lives. Seeking adequate compensation for injury and loss, the thought of suing for the car accident comes into existence. Several factors determine the likelihood of a successful lawsuit after a car accident.

Most often, people choose to sue after a car accident when going through the insurance process does not provide enough money to cover all the losses received as a result of the car accident. It is especially pertinent if the other driver has no insurance and you may be forced to fit the entire bill. Unfortunately, it is a common occurrence today. Insurance companies are in the business of saving themselves money and strive to pay accident victims as little as possible. There are times, however, when an insurance company will want to avoid the hassle of trial and make a settlement offer that is satisfactory. Many car insurance claims end in a settlement, sometimes however, the victim doesn’t realize until later that the settlement was inadequate.

Settlements

Explosive Car Accidents

May 18, 2015 | by Moseley Collins

When a car crash suddenly goes from bad to explosive, there is little you or any other bystander can do about it. One evening around 10 pm in 2002, a California man driving a black Ferrari at high speeds suddenly lost control of his vehicle and went veering off to the left where the car struck several trees on a grassy median and then went into the other lanes before finally stopping. After that horrific crash, the car caught on fire.

Luckily, the driver and his passenger were just able to make it out of the car before it was inflamed, and no one else was injured. The Ferrari did not hit any other vehicles.

While rare, cars catching on fire are highly dangerous and definitely something you want to avoid, but do you know what to do if something like this does happen to your car? Let us tell you what you should know if you ever find yourself in this situation. Of course, every situation will be unique, but if you generally know what to do and what not to do, you’ll be ready for the emergency.

The Basics of Personal Injury Torts

August 11, 2014 | by Moseley Collins

The people who most often seek out their legal options by contacting an attorney are those who have been injured in a car accident, or by someone else’s negligence. In most of those cases it is the first time A may have seen online or through their own research.

One of the most confusing law terms for the newly legal immersed is tort. It is a commonly used legal term but most people do not know its true connotations. Essentially, a personal injury tort is a civil claim against another person for injuries caused unknowingly. There are several key points to keep in mind.

Injury or Harm

Car Accidents Can Cause Hard to Prove Chronic Pain

July 29, 2014 | by Moseley Collins

Slip and fall and construction accidents can cause life altering pain. However, automobile accidents result in more instances of chronic physical pain. Car accident collisions inflict great trauma and blunt force upon the human body resulting in violent jolts. The body bounces brutally inside the vehicle and is slammed into the hard interior façade.

Chronic pain resulting from a car accident can egregiously affect a person’s quality of life. The most basic things most people take for granted can be affected by chronic pain. Victims of chronic pain also frequently experience problems with mental health, depression, anxiety and a wide range of emotional disorder. The chronic pain teamed with the other issues it brings with it change a person’s life immeasurably.

California car accidents often incur whiplash during an accident. When the head is suddenly thrown forward and back violently injury to the muscles, nerves, ligaments and vertebrae occur, known as whiplash, a common cause of chronic pain.

Workman’s Compensation: How it Works

April 29, 2014 | by Moseley Collins

Workman’s Compensation: How it Works
Workman’s compensation is a system put into place to pay injured workers to compensate medical bills due to injuries incurred on the job. That can also include anyone who gets an illness or becomes sick because of a work related issue.

The laws governing workman’s compensation vary slightly from state to state. However, there are a few instances in which most injured workers always receive compensation for their injuries. Most any injury that happens while the employee is at work is covered under the workman’s compensation law.

There are cases of injury related to work that will not be compensated. An example is an employee having an accident on the way to work. While it is true that commuting to work is an essential part of the job, nothing that happens during this commute can be covered by workman’s compensation.

Preparing For a Personal Injury Case

January 7, 2014 | by Moseley Collins

It’s no secret that the accident victim and the insurance adjuster are on the opposite sides of the fence. Insurance claims adjusters are schooled in all kinds of tactics to make sure they give the victim the least amount of money for their accident claim as possible. The victim, of course, has another mindset. They have medical bills, rehabilitation costs, a loss of income and many other factors to consider. They aim to get the most money possible for their claim.

Despite being on opposite sides of the agenda, insurance adjusters can be charming. It is easy to listen to their advice and assume they are telling you what is in your best interest. Not a wise decision. Preparing for the case and negotiation is the best practice.

To prepare for a personal injury case in California there are a series of questions that must be answered successfully. Is the evidence strong? How are other cases similar to this one solved? What is the goal of the claim? What is the least you will accept? What are the alternatives?

Legal Stages of a Personal Injury Case

January 4, 2014 | by Moseley Collins

How it Begins

Contrary to what the average person assumes, a personal injury case begins the moment someone is injured in an accident. Injury cases may be settled immediately after the accident or could go onto a lengthy personal injury trial. In both instances, witness testimony and all other evidence of the injury is imperative regardless of how the case is settled. Witnesses and evidence should be gathered immediately following the accident to prevent people from forgetting what they saw or evidence being lost.

Consulting a Lawyer

Importance Of Securing A Lawyer Before Meeting With Insurance Companies

September 9, 2013 | by Moseley Collins

Lately, the “do-it-yourself” attitude is no longer limited to simple house and car repairs. It’s common to hear of people handling their own personal injury claims and meeting with ruthless insurance companies without the help of a professional. It’s so easy to assume that in cases where injury is less severe that the case will be simple to handle. This is a big misconception. Whether you deem your personal injury case as being small or big, it’s important to secure the services of a lawyer before you even meet with an insurance company.

In personal injury cases, be prepared for individuals to not take responsibility for their actions even when it’s evident that they were at fault for your injury. Usually, in these types of cases insurance companies are unfair and will offer you a low settlement. Why? Well, insurance companies are just like any other business. The main goal is to maximize profits and that’s done by under-compensating.

Also, many people are unaware that as the victim, you are responsible for proving negligence on the part of the other party, proving that you are not a fault and you also have the obligation of providing proof of the damage that was done. By law you are also required to mitigate or minimize the damage. Here are a few things you will have to consider:

The Importance of Personal Injury Attorneys in California

March 29, 2013 | by Moseley Collins

If you have received an injury through the carelessness of another party, you can get help from a personal injury attorney. The lawyer will help you file a case aiming to get the compensation you deserve.

Therefore, it is of paramount important to get in touch with an experienced lawyer as soon as possible. In every state, different laws are imposed as to personal injury cases. So, your first step is to find the right personal injury lawyer in California, especially if you are based in California. Given below are a few situations where you can hire the service of a lawyer.

For the most part, careless driving results in motor accidents. Habits like sending messages or talking to someone on the telephone can lead to a terrible accident. These things distract the driver’s attention, causing him to lose control over the vehicle. You should get in touch with an attorney if you have really got hurt due to the negligence of a driver.