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Articles Posted in Personal Injury

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Third-Party Workers’ Compensation Claims in California

In California workplace injury cases, the general rule is that a workers’ compensation claim is the injured employee’s sole remedy against their employer. The idea is that the no-fault workers’ compensation program is a more efficient method of getting an injured employee the compensation they need while they recover from…

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Liability in California Car Accidents Involving Autonomous Vehicles

California, and Silicon Valley in particular, has long been a hot-bed for technology, starting back in the 1970s with the development of semiconductors. In recent years, California has broadened its focus to all kinds of technological advancements. Perhaps one of the most anticipated technologies brewing in the state has been…

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Can a Car Accident Victim’s Failure to Wear a Seatbelt Be Used against Them in a California Personal Injury Case?

The fact that seatbelts can save lives or reduce the severity of injuries in a California car accident is common knowledge. Indeed, California law requires all cars to have properly functioning seatbelts and also requires drivers and passengers over the age of eight to wear a seatbelt at all times.…

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California Court Holds Government Entity May Be Precluded from Asserting Plaintiff’s Non-Compliance with Government Claims Act, Based on Misleading Statements

Earlier this month, an appellate court issued an opinion in a California car accident case involving the alleged negligence of a police officer. The case required the court to discuss the Government Claims Act and whether the plaintiffs’ non-compliance with the Act should prevent the plaintiffs from proceeding with their…

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California Car Accident Victim’s Case Against Insurance Company Dismissed Based on Overbroad Release of Liability

Earlier this month, an appellate court in Georgia issued a written opinion in a car accident case requiring the court to determine which state’s law applied to the case. While the opinion is from a Georgia court, the choice-of-law issue is one that could potentially arise in any California car…

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California Appellate Court Discusses Employer Liability in Recent Car Accident Case

Earlier this month, an appellate court issued a written opinion in a California car accident case involving the allegedly negligent acts of an employee and whether his employer could be held liable for the wrongful death of the plaintiffs’ loved one. After discussing the doctrine of respondeat superior and applying…

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California Appellate Court Invalidates Arbitration Agreement Based on Its One-Sidedness

Earlier this month, a California appellate court issued a written opinion in an employment discrimination case involving the validity of an arbitration clause. The case is relevant to California nursing home abuse victims who may have signed an arbitration agreement prior to their injury, and who believe that the defendant…

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California Plaintiff’s Failure to File a Timely Expert Certificate Results in Dismissal of Case

Earlier this month, an appellate court issued a written opinion in a California personal injury case brought by a man who was injured when the crane he was operating tipped over. The case presented the court with the opportunity to discuss the relation-back doctrine and its applicability to the facts…

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Assumption of the Risk in California Personal Injury Cases

When someone is injured while playing sports or engaging in another recreational activity, the injured party may be able to seek financial compensation for their injuries against the responsible parties through a California personal injury lawsuit. However, the doctrine of assumption of the risk can act to bar some plaintiffs’…

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California Jury Awards Plaintiff over $400 Million in Recent Product Liability Lawsuit

Over the past several years, significant evidence has come to light that there is likely a link between talc-based hygiene products and ovarian cancer. Indeed, manufacturing giant Johnson & Johnson is currently facing almost 5,000 lawsuits brought by women who have developed various types of cancer after years of consistent…

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