Applegate Law OfficeApplegate Law Office2024-02-29T18:02:13Zhttps://www.charles-applegate.com/feed/atom/WordPress/wp-content/uploads/sites/1503521/2021/07/cropped-Favicon_updated-32x32.pngOn Behalf of Applegate Law Officehttps://www.charles-applegate.com/?p=468822024-02-29T18:02:13Z2024-02-29T18:02:13ZIn California, the animal's owner or their insurance is often liable
California has a strict liability statute that applies when a dog attacks a human. Unless the human trespassed or otherwise broke the law immediately before the incident, the chances are quite good that the animal's owner is responsible for the damages it causes others.
Often, insurance can cover the costs produced when a pet suddenly becomes aggressive toward a person. Homeowner's insurance and renter's insurance both provide premises liability coverage that may extend to dog bite incidents. Even if the dog bite does not hurt someone's residence but at a nearby park, the owner's insurance policy may still apply.
While people often feel anxious about the idea of holding a neighbor community member financially accountable for the actions of an animal, their insurance provider often covers a significant portion of someone's costs. It may be necessary to take legal action by filing a personal injury lawsuit against the animal's owner to obtain compensation from an insurance provider after a dog bite incident. Therefore, preserving evidence of what happened during the attack and records of the financial expenses triggered by the dog bite incident could benefit those directly affected by an animal's act of aggression.
Realizing that dog owners don't necessarily pay out of pocket for someone's medical expenses may help people feel more comfortable seeking compensation when someone's pet becomes a danger to others.]]>On Behalf of Applegate Law Officehttps://www.charles-applegate.com/?p=468812024-02-10T19:48:09Z2024-02-10T19:48:09ZSocial media is an insurance investigator’s favorite hunting ground
Once upon a time, if an insurance company wanted to deny or devalue someone’s claim, they might hire an investigator to follow the plaintiff around and look for “evidence” that they were lying about their injuries. Today, investigators may just hop online and dig around an injury victim’s social media accounts for the same purpose.
What are they looking for? Anything that can be used to suggest that your injuries aren’t really as severe as you claim or content that can be used to damage your credibility. Even the most innocent posts can be twisted against you or taken out of context.
For example, if you say that you are in chronic pain and hardly able to walk, a photo of you smiling at your daughter’s wedding or a video of you taking a few careful steps unassisted during the ceremony can be used to suggest that you aren’t really in that much pain. Even “check-ins” at various locations can be used to suggest that you aren’t so hurt that you can’t get around and enjoy your life.
Ideally, you should just stay off social media entirely until your claim is settled. If you’re unwilling to go that far, at least crank up your social media privacy settings to the highest levels and stop posting any personal details about your activities or life until the case is over.
]]>On Behalf of Applegate Law Officehttps://www.charles-applegate.com/?p=468782024-01-17T02:08:55Z2024-01-17T02:08:55ZPeople may have major expenses
An assault can trigger numerous expenses that the victim may have no way to cover on their own. For example, they may have incurred thousands of dollars in medical care costs. Often, assaults involve someone striking or knocking down another person.
That could potentially lead to a brain injury. Someone with a brain injury may not only have major medical expenses but also reduced earning potential because of how their injury affects their job skills. An assault could also cause broken bones or disfigurement, both of which could impact earning potential and generate massive medical expenses.
Additionally, particularly when the assailant is someone that the victim already knows, what they experience could lead to psychological challenges, including post-traumatic stress disorder (PTSD) symptoms. A lawsuit against the individual who caused the incident may be one of the only ways for someone injured or traumatized by an assault to pay for their treatment costs and recoup lost income.
An assault victim deserves justice
A criminal conviction for assault creates some consequences for the defendant, but a personal injury lawsuit can increase those consequences. Additionally, a successful lawsuit can minimize the consequences that the victim of the incident has to accept.
If someone prevails during a personal injury lawsuit, they may feel a sense of closure and justice that they did not obtain when the criminal courts decided to impose a lenient sentence, such as probation. In cases where prosecution did not occur, a lawsuit may be the only path toward justice. The standard of evidence is lower in the civil courts, and people might prevail even if prosecutors did not choose to bring charges against their assailant. Ultimately, going to civil court can be a reasonable reaction to an assault that led to injury and expenses.]]>On Behalf of Applegate Law Officehttps://www.charles-applegate.com/?p=468772023-12-12T20:17:50Z2023-12-12T20:17:50ZComparative negligence laws govern such claims
Every state has its own rules about insurance and liability. In California, those injured due to the negligence of another person typically have the right to take legal action. The state has a comparative negligence statute that can influence both large insurance claims and injury-related lawsuits.
In a pure comparative negligence state, like California, those harmed by the negligence of others can take legal action even if the person they blame is not 100% at fault for the incident. The plaintiff seeking compensation can also be partially to blame, and that partial fault will not prevent them from obtaining compensation.
Instead, the insurance provider or courts will decrease the compensation awarded based on someone's personal degree of fault for the incident. If the person asking for compensation is 25% at fault, then comparative negligence laws would lead to them receiving 75% of the compensation that the insurance company approves or the courts award them.
Even if someone makes a minor mistake that contributes to their injuries, they still have the legal right to hold the other party involved in the incident accountable. Proving who is at fault and establishing how much fault they have for the incident may help someone obtain an appropriate amount of compensation after a California crash.]]>On Behalf of Applegate Law Officehttps://www.charles-applegate.com/?p=468752023-11-09T20:27:01Z2023-11-09T20:27:01ZWhen a loved one dies from injuries suffered in a vehicle crash caused by someone else, loved ones may be able to take civil action against that person. Most people are familiar with wrongful death suits.
Not all fatal crashes are considered “wrongful death.” However, if a person is driving while impaired or speeding excessively, a claim may be in order.Wrongful death suits are filed after other types of events, from medical malpractice to dangerous property conditions to murder. In many cases, the person who caused the death also faces criminal charges. Who can bring a wrongful death suit and for what damages?Only specified people can bring these suits. This includes surviving spouses and partners, children and parents.Plaintiffs can collect economic damages, such as hospital and burial costs, as well as compensation for lost financial support. They can also seek non-economic damages, like loss of companionship.
How do survival actions differ?
Often, survival actions are filed in addition to wrongful death suits. These are brought on behalf of the deceased person. If a person survived for even a short time before they succumbed to their injuries, a survival claim can be filed by the executor or personal representative of their estate. Even if they didn’t have an estate plan, an executor will be appointed to deal with their assets and other matters.A survival claim is basically what the deceased could have sought in a personal injury claim had they lived (or already was seeking). Until 2022, California, unlike many states, didn’t allow non-economic (“pain and suffering”) damages in a survival claim. Now plaintiffs can sue on behalf of the estate for the pain and suffering of the deceased while still alive.If it was a car crash, they may have survived for only a few days. However, they may have lived with long-term injuries or illness that was someone’s fault. Further, the survival action can seek economic damages for money they spent because of their injury.
Why the law may not be permanent
The law was enacted in large part because numerous personal injury cases experienced long delays when courts throughout California were closed a few years ago. Plaintiffs were passing away before their cases got to court. That’s why the law is set to expire at the end of 2025 unless it’s extended or made permanent.While no amount of money will bring back a loved one, it’s important to understand your legal options for fair compensation. Getting legal guidance as soon as possible is a good first step.]]>On Behalf of Applegate Law Officehttps://www.charles-applegate.com/?p=468732023-10-12T11:14:43Z2023-10-12T11:14:43ZUninsured drivers have personal liability
The purpose of car insurance is to better cover the costs related to collisions and protect drivers from personal liability. The average person would not have enough in savings to pay to repair someone else's vehicle or cover their hospital bills. Insurance can help provide that support. The party not at fault for a crash can file a claim against the other driver's insurance, and the party at fault for the crash can count on their coverage to pay for the expenses generated by the collision, at least up to the policy limit. When someone does not have insurance, they expose themselves to litigation risk.
At least as of 2019, the most recent year with data available, California had a high rate of uninsured drivers. It had the tenth-highest rate of uninsured motorists. As many as 16.6% of drivers registered in California may not have coverage. Anyone involved in a crash with one of those uninsured drivers might need to take the matter to civil court. Provided that there is proof that the uninsured driver was negligent or broke the law, the courts could very well issue a judgment in favor of the plaintiff. Compensation for the full financial impact of the wreck could be possible, including costs that would have far exceeded basic insurance coverage.
Although some drivers do carry special uninsured motorist coverage on their policies, a large claim utilizing that coverage would inevitably increase what they pay for insurance. Understanding the options available after a crash caused by an uninsured driver may help those trying to cover the cost of a recent wreck without escalating their own costs. Seeking legal guidance is a good way to get started in this regard.]]>On Behalf of Applegate Law Officehttps://www.charles-applegate.com/?p=468722023-09-06T23:52:48Z2023-09-06T23:52:48Zone-fifth of all cycling injuries – and all of those accidents are entirely avoidable. What can you do to be part of the solution? One simple yet effective technique that can make a significant difference in the number of tragic dooring accidents suffered by urban riders is the "Dutch Reach."
What is the Dutch Reach?
The Dutch Reach is a method of opening your car door using your far hand – the hand that is actually opposite from the door handle. For most people, this means using your right hand as you exit a driver-side door and your left hand if you’re exiting through a passenger-side door.
This technique basically forces drivers and passengers to reach across their chests to open the car door, obliging them to turn their upper bodies and look over their shoulders before proceeding. That can automatically help remind them to lift their eyes and look at who or what may be approaching the vehicle – including bikes and motorcycles.
Using the Dutch Reach method ensures that you open your car door more slowly and with greater control. This can give cyclists, motorcyclists and pedestrians more time to react and avoid a collision. It also gives those people a chance to catch your eye and make you more conscious of their presence.
Tell your family and your friends about the Dutch Reach to help with roadway safety – and insist that any passengers in your vehicle use the technique. If you or your loved ones are ever in a dooring accident, however, it’s important to seek information about your right to compensation for your losses, as you shouldn’t be required to shoulder the burdens caused by the negligence of another.]]>On Behalf of Applegate Law Officehttps://www.charles-applegate.com/?p=468702023-08-07T22:51:28Z2023-08-07T22:51:28Zpremises liability lawsuit for their financial losses related to the unsafe premises. Such claims may arise for all sorts of reasons, but frequently those hurt on someone else's property find that the claims they have grounds to pursue will fall into one of the three categories below.
Slip-and-fall incidents
Understaffing and improper facility maintenance are both choices that could potentially result in visitors getting hurt because they slip and fall. The injuries possible in a slip-and-fall incident include broken bones, brain injuries and soft tissue injuries that can force people to take a lengthy leave of absence from their employment and necessitate emergency medical care.
Negligent security
Crime can happen anywhere and at any time, but there are certain situations that increase the likelihood of criminal activity. If someone injured by criminal activity at a business can convincingly claim that a failure to invest in lighting, better facility maintenance or professional security services contributed to a criminal incident, the business or property manager may have some liability for their losses.
Animal bites
When people think of animal attacks, they often imagine angry dogs attacking delivery drivers, which is a common concern. Incidents involving aggressive animals are a leading cause of premises liability claims against individual property owners. Attacks that occur at businesses because they allow animals on their premises could also potentially lead to premises liability lawsuits.
Those who believe that a property owner or business has a degree of responsibility for their recent harm may want to learn more about premises liability. Seeking compensation is an appropriate response when negligence directly contributes to someone getting hurt.]]>On Behalf of Applegate Law Officehttps://www.charles-applegate.com/?p=468692023-06-26T23:18:44Z2023-06-26T23:18:44ZDouble jeopardy applies to criminal court, not civil court
The double jeopardy rule exists to prevent the government from engaging in malicious prosecution. If the state charges someone with a criminal offense related to a specific incident and fails to convict them, it is typically illegal to attempt to prosecute them a second time for the same offense.
Double jeopardy protections help ensure that the government doesn't abuse its prosecutorial authority. It has no impact on the right of an individual to hold another person accountable for the consequences of their actions. Misconduct, including criminal assault, is one of the factors that can justify a personal injury lawsuit under California state law.
The prior prosecution of the assailant by the state will not diminish the victim's expenses or eliminate their right to take legal action. If anything, the successful prosecution is an indication that there is sufficient evidence to file a lawsuit in civil court. The financial responsibility that someone may have for their criminal actions is completely separate from any criminal prosecution that they face.
Those with verifiable expenses related to a violent assault may be in an actionable position to seek compensation from the person who injured them. Learning more about California's personal injury laws may help those harmed by someone else feel more confident about pursuing compensation in civil court.]]>On Behalf of Applegate Law Officehttps://www.charles-applegate.com/?p=468682023-06-02T19:42:28Z2023-06-02T19:42:28ZThe professional driver
According to a review of what causes commercial crashes by the Federal Motor Carrier Safety Administration, 87% of the wrecks caused by a semi-truck are the fault of the driver of the bigger vehicle. They make mistakes such as driving too fast for weather conditions or not leaving enough space when completing a turn or they may have health emergencies while at the wheel that render them unable to keep driving.
The commercial transportation company
Often, if the driver caused the crash, their employer is legally liable. Businesses generally have financial and legal responsibility for what their employees do while on the clock. However, the trucking company could be directly to blame for the crash rather than indirectly via the driver's responsibility. Maybe they improperly maintained the vehicle. Roughly 10% of the crashes caused by commercial vehicles are the results of something wrong with the vehicle, like bad brakes. Perhaps the company forced the worker to do something unsafe, like responding to a manager's email while on a trip. Sometimes the employer, not the driver, is technically at fault for the crash.
Third-party businesses
There are a couple of different third-party businesses that could be to blame for a commercial wreck. Companies that secure commercial transportation services to move materials might improperly load a trailer, leading to its destabilization and eventually a crash. Clients might also fail to notify the driver of liquid contents or other unusual factors that would influence how they should drive. Companies that provide outsourced fleet maintenance or that manufacture defective vehicle components could also be partially liable for a crash caused by a commercial truck.
Given how expensive such collisions often prove to be, those affected by a commercial crash may benefit from looking into every option for compensation. Holding the right parties accountable can maximize someone's ability to recoup the costs caused by a semi-truck wreck.]]>