The collateral source rule has been existent for centuries as common law and state statutes to prevent windfalls of wrongdoers.  The rule is simple.  Just because a plaintiff has an insurance that will pay for damages the defendant has caused, that does not mean the defendant is free of liabilities.  One aspect of the collateral source rule has been a hot issue in the personal injury legal field for many years in California. The issue specifically deals with the victim’s right to collect at a market rate for medical bills … Read the rest

California has adopted a pure form of comparative negligence in personal injury actions.  Pure comparative negligence allows plaintiffs to receive the exact amount of damages he or she is entitled to minus the portion contributed by the plaintiff’s fault.  For example, in a personal injury suit brought by a jaywalking pedestrian who was hit by a car while crossing the road, the jury finds that the defendant driver was at 80% fault and the plaintiff was at 20% fault.  In California, which adopted pure comparative negligence, the plaintiff will recover … Read the rest

Car accidents come in varying degrees of impact but no matter what the degree is, it is natural that a person who was hit wants to examine the extent of the injury suffered.  The common type of pain involved in a car accident is with neck and back and a issue for medical practitioners treating the injured is whether the patient is suffering from a soft tissue injury or a form of disc herniation in the back or neck, in which case an MRI is employed to document any tissue … Read the rest

So you were involved in a car accident maybe in Los Angeles and you hired a personal injury attorney to work on your case.  You have a basic insurance without any PIP (personal injury protection) nor a health insurance.  The defendant’s (or wrongdoer before a litigation begins) insurance company will not pay your medical bills until the settlement is negotiated on a going basis.  As our attorney advises, treating our client’s injury is the single most important thing we make sure it happens first for all our clients.  So since … Read the rest

A head-on accident in the Mission Hills area caused three people to die around 2:15am.  The accident occurred at Laurel Canyon Blvd. and Rinaldi St. and the three men were pronounced dead at the scene and one driver was injured.  The cause of the accident is under investigation.

This is tragic news.  Although it happened at night, the visibility didn’t seem to be an issue as the intersection is big enough with street lights.  It is possible that one car did not have working headlight bulbs or a driver was … Read the rest

Statute of limitations refers to a period, which your lawsuit must be filed within since discovery of injuries or wrongdoings.  When injured by someone’s negligence or had properties damaged by someone and you want to sue the person, the lawsuit must be filed within the statute of limitations.  California statute of limitations require that any personal injury suit must be filed within two years of injury.  CCCP §335.1.  Additionally, any suit alleging damage to property must be filed within three years of the damage. CCCP §338.

With regard … Read the rest

A woman on a motorized wheelchair, a power wheelchair was struck by a man driving a Mercedes Benz in Van Nuys on Sepulveda and Haynes.  She was subsequently taken to a local hospital and was pronounced dead.  The driver was a 50-year-old man from Los Angeles.  The driver did not run after the accident and stayed on the scene to help the victim.  Further facts of what happened are not available at the point to the public but some possibilities include negligent driving or the victim jaywalking.

Looking at the Google … Read the rest

Hit and run accidents in Los Angeles areas have been an ongoing concern for pedestrians and law-abiding residents here.  Yearly, about 20,000 hit and run cases have been reported and rarely the perpetrator is caught.  Having been a LA resident for quite some time, this city seems to have all the elements for those drivers to run off after hitting someone.  First, everyone seems to drive too aggressively in Los Angeles compared to other cities and states.  I understand how things can be a bit of a rat race here … Read the rest

A busy city like San Francisco always has its risks for pedestrian safety.  Last month a pedestrian was critically injured in a car accident in South of Market neighborhood in San Francisco.  The injured pedestrian was a 54-year-old woman who was hit by a SUV making a left turn from Howard Street.  The injury was life threatening according to the police.

Cars making a left turn at an intersection must look for pedestrians crossing the street because the crossing light for pedestrian and the green light for the crossing street … Read the rest

Recently, heavy fog has been reported to cause accidents throughout the San Joaquin Valley and Squaw Valley east of Fresno.  Morning fog does not clear until after 9 am and motorists are advised to take alternative routes in the morning.  The fog was seen to be very thick and blinds motorists’ view that it still does not guarantee safe scanning even with high beam headlights.  A seven car crash on High 180 at Dickson Ave. half way between Fresno and Kerman was reported and the cause of the accident was … Read the rest