Trial Setting or Delays Before Trial

Trial Setting or Delays Before Trial If Alternative Dispute Resolution (or “ADR”) is unsuccessful in most lawsuits, a case is set for trial. Most courts have a goal of getting cases out to trial within one year of their filing. This is very often just a “goal,” but normal personal injury cases generally see at […]

Alternative Dispute Resolution

Alternative Dispute Resolution After a formal exchange of information and documents is completed in most lawsuits, a form of “alternative dispute resolution” or “ADR” is usually employed in an attempt to settle cases. Very often courts order ADR, which can include judicial arbitration, mediation, or settlement conferences before a judge or court referee. These ADR […]

Preserving Evidence

Preserving Evidence It is important to preserve evidence relating to your accident: pictures of your damaged vehicle, the scene of the accident, or your injury; the actual product that has injured you; names and addresses of persons who witnessed the accident. An attorney can help you with this evidence collection and preservation. Law enforcement personnel […]

The Litigation Phase of Personal Injury Claims

The Litigation Phase of Personal Injury Claims Once the pre-lawsuit stage of the personal injury claims process comes to an end, a complaint is filed in the Superior Court of the county in which the accident has occurred, or one of the defendants live. The defendant has 30 days to answer the complaint once it […]

Negligence Claims – the Standard

Negligence Claims – the Standard The time-honored claim of negligence in California and United States courts may seem ambiguous to some. What does it mean “reasonable care?” What is the standard? One person’s “reasonable care” is another person’s “unreasonable care.” How is the question decided? The short answer to these questions is this is what […]

Policy Reasons Supporting Injury Claims

Policy Reasons Supporting Injury Claims Many people question why claims for personal injury or wrongful acts are brought. The reason is that our society has determined that certain acts are wrongful when causing injury or loss, and affected persons should be compensated or “made whole” for their injury or loss. Sometimes the law in question […]

California Courts

California Courts We are very fortunate in the United States, and in California in particular, to have ready access to the courts. Here, juries of average citizens decide disputes, and not a judge appointed by a particular political party, or an arbitrator paid for many times over by a large insurance company. Many people believe […]

Waiting for Injuries to Stabilize Before Making Claim

Waiting for Injuries to Stabilize Before Making Claim In another phase of the pre-lawsuit period of most personal injury claims, the person’s injuries typically have stabilized or reached a point of being “permanent and stationary.” It is at this time that an assessment of the extent of one’s damages may be made, since the amount […]

Compensation for Seaman and Fisherman

Compensation for Seaman and Fisherman The Jones Act provides for substantial compensation to injured seamen. In addition to “maintenance and cure,” or the cost of their room, board, and medical care while they are getting well, the Jones Act provides for greater and more comprehensive remedies on a showing of unseaworthiness or negligence. This sort […]

Claims of Seaman and Fisherman

Claims of Seaman and Fisherman The federal Merchant Marine Act, otherwise known as the “Jones Act,” represents the primary basis for claims of seamen, fishermen, and similar workers for workplace injuries. This body of law is found at Title 46 of the United States Code, starting at section 30104. The Jones Act allows injured seaman, […]