Some common personal injury cases include:
There are two types of damages that are recoverable in California personal injury cases, which include special damages and general damages. Special damages are those damages that are financial in nature, such as hospital and medical bills or lost wages. On the other hand, general damages are those that are non-financial losses, including pain and suffering, loss of consortium, and emotional distress.
Loss of consortium is a claim for damages suffered by the spouse or children of a person who has been injured or killed as a result of the defendant's negligent or wrongful acts. Generally, claims for loss of consortium are not awarded unless the person injured dies or suffers a severe and enduring injury. The suing party must show that the injured or deceased family member cannot provide his or her spouse or family member with the same love, affection, companionship, comfort, society, or sexual relations that were provided before the accident.
Statute of limitations is the period of time you have to file a claim or suit. Personal injury cases have a statute of limitations varies depending on the type of case, but generally, the time limit usually starts on the day the accident or injury occurred and can last anywhere from 1 to 2 years. However, in claims involving government tort or injury involving government entity, such as an car accident with a government city vehicle, requires the injured party to first file a claim with the appropriate governmental agency within 6 months from the date of the accident. Finally, depending on the outcome of the claim, the injured party will then have either 6 months or two years to file suit. If you fail to follow the guidelines for the statute of limitations, you may lose your right to file a claim. Thus, it is vital you speak to a Los Angeles personal injury lawyer immediately to preserve your claim! Our lawyers in Glendale, Los Angeles, California, will be happy to help you through every step of your personal injury case.
Our personal injury attorneys specialize in various personal injury matters including complex personal injury cases, government torts specifically related to auto accidents, motorcycle accidents, left turn motorcycle accidents, truck accident, multi-car accidents, which involve a government vehicle such as Metro Bus, fire truck, U.S Postal Service, and Water & Power Truck. If you have been in an accident involving an Government vehicle, give our office a call at (310) 943-1171 for a free consultation! This content is for educational purposes only. KAASS LAW is authorized to practice law in California. The above content is for California residents only. This content provides only general information, which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, North Hills, Porter Ranch, Chatsworth, Reseda, San Diego, La Jolla, El Cajon, Chula Visa, Del Mar
To successfully bring a wrongful death cause of action in California, the plaintiff typically must show the following: 1) The death of a human being; 2) Caused by another's negligence, or with intent to cause harm; 3) The survival of family members who are suffering monetary injury as a result of the death, and; 4) The appointment of a personal representative for the decedent's estate.
If someone dies due to the negligence or misconduct of someone else, the survivors or the decedent's estate may file a lawsuit for "wrongful death". A wrongful death claim is one when a person dies due to the legal fault of another person. The at fault party in wrongful death claims can be a driver at fault in a car accident, motorcycle-auto accident, or a medical professional that misdiagnosed or acted in a negligent manner that caused the death of another.
Wrongful death lawsuits is generally the personal representative of the decedent's estate, and may include a surviving spouse, children, or immediate family members. There are
California Proposition 213 restricts uninsured drivers from recovering general damages, or compensation for pain and suffering, following a car accident. Unfortunately, often times, insurance gaps happen, and so do auto accidents. In California, drivers are required to carry liability insurance when operating a motor vehicle on a public road.
California Prop 213 was created to prevent uninsured drivers from recovering money for pain and suffering following an accident. However, it does not limit your ability to recover medical costs, lost wages, or compensate you for future medical charges, if your accident was caused by a negligent driver. There are exceptions to the rule, and with a knowledgeable Glendale personal injury attorney, you can receive the compensation you deserve. Prop 213 does not apply to:
Being injured in a slip and fall can leave you with immense pain. Often, not knowing what steps to take in the immediate aftermath can result in prolonged and unnecessary suffering. In order to strengthen your chances of receiving fair compensation that helps you recover, be sure to:
The Elder Abuse Protection Acts focuses on protecting older adults by punishing perpetrators who exploit, abuse, and harm vulnerable seniors.
Elder abuse can occur in various forms such as, physical, mental, emotional, financial and even sexual. Often, the abuse is physical or results from neglect. The law recognizes that factors which contribute to abuse, neglect, or abandonment of elders and dependent adults are economic instability of the family, resentment of caretaker responsibilities, stress on the caretaker, and abuse by the caretaker of drugs or alcohol. Elder abuse can occur in cases involving nursing home negligence. Some of the type of injuries that may appear as:
Judgement or settlement which exceeds policy limits after denying a settlement offer within policy limits and the excess settlement rule. California Court of Appeals ruled that primary insurance companies are responsible for paying all losses in excess of policy limits after denying a within-limits settlement offer, regardless of whether the excess loss arises out of a verdict, judgment or a settlement.
The Second District California Court of Appeal’s August 5, 2016 opinion in Ace American Ins. Co. v. Fireman’s Fund Ins. Co. found that “where the insured or excess insurer has actually contributed to an excess settlement, [the insured or excess insurer] may allege that the primary insurer’s breach of the duty to accept reasonable settlement offers resulted in damages in the form of the excess settlement.” The lack of a final judgment was immaterial, as there was “no persuasive reason to hold that the [policyholder] or its assignee, [the excess insurance company], must suffer that loss with no remedy simply because the case reached an eventual settlement instead of being litigated through trial.”
The impact a motorcycle accident can have on a rider or passenger often times inflict damage, ranging from a road rash, broken elbows, hairline fracture, brain hemorrhaging, or a crushed pelvic girdle. It is important to treat your injury and to take immediate action to protect both your legal rights and compensation.
There are many types of injuries involving broken bones caused by a motorcycle accident. Its important to remember that there are different classifications of "broken bones", such as the following:
Multiple vehicle auto accidents are fairly common on California’s congested freeways, which begins with one driver rear ending another driver, resulting in a chain reaction that involves 3 or more vehicles. Alternatively, an accident may occur when a driver runs a red light and hits another car broadside, setting the stage for a multiple car pileup accident. Multi-vehicle car accidents create an added challenge for determining liability for injuries that vehicle occupants suffer. If you are involved in a multi car accident, it is vital you exchange insurance information with all the drivers involved, obtain witness contact information and contact the police to come to the scene and create a police report. It is also absolutely vital you take photographs of the scene, including skid marks, vehicle debris and property damage from multiple angles. If you suffer injury due to pile up accident in our area, you can contact our experienced Glendale auto accident attorney soon after the accident in order to ensure that all pertinent evidence is immediately identified and documented. If you or a loved one has been involved in a multi-car accident, we invite you to contact a car accident attorney in Glendale, CA for a and . Our office will handle your car accident claim, set you up with health care professionals for any needed treatment. We don't charge you any upfront legal fees, as we charge a contingency fee, meaning you don't pay, unless we are able to recover money damages from the responsible parties.
When a loved one passes away due to the negligence of another party, California law allows for two different types of lawsuits that can be against the negligent party. A California wrongful death lawsuit may be filed by the representative of the deceased’s estate, or by the decedent’s surviving spouse, children or other dependent family members. While, a survival cause of action can be filed by the estate’s personal representative, or if none has been appointed, by the decedent’s successor-in-interest. A survival cause of action can only be brought if the decedent did not immediately die from his injuries. The survival statute allows one to “step into the shoes” of the deceased and recover the damages the had they lived, including and , such as:
On December 20, 2017, Apple publicly announced that they intentionally slowed the operating speeds of older iPhone models. A class action was filled against Apple Inc., by KAASS Law, on behalf of our client, Plaintiff Violetta Mailyan of Los Angeles. The complaint alleges that Apple intentionally slowed down older iPhone models prior to or right around the time a newer iPhone model was introduced into the market. The complaint further alleges that the "slowdown" was accomplished by updating the iPhone's operating system "iOS". The class action alleges cause of action for "Fraud through concealment" and "Unfair competition under California business and Professions Code Section 17200 et seq".
Represented by Lead Attorney Armen Kiramijyan and attorney Hovsep Hovsepyan of KAASS LAW. The Apple iPhone Slowdown Class Action Lawsuit is Mailyan v. Apple Inc., Case No. 2:17-cv-09192, in the U.S. District Court for the Central District of California.
In a California wrongful death lawsuit, the estate generally seeks compensation for the survivors' loss, such as financial support the decedent would have contributed to the family during the lifetime of the decedent or the plaintiff, loss of companionship, and funeral and burial expenses. The damages in wrongful death lawsuits are by "pecuniary and/or financial losses". Courts have interpreted "pecuniary injuries" as including the loss of support, services, medical and funeral expenses. Finally, a damage award may also include interest from the date of the decedent's death. Moreover, the estate of the decedent may also seek non-economic damages including loss of decedent’s love, companionship, loss of support, comfort, care, assistance, protection, affection, loss of the enjoyment of sexual relations, loss of decedent’s training, and guidance.
We invite you to contact our Glendale personal injury attorney today for a free consultation and case review. KAASS LAW has successfully represented victims in California wrongful death lawsuits. Call us at (310) 943-1171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
This content is intended for educational purposes only. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information, which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, North Hills, Porter Ranch, Chatsworth, Reseda, San Diego, La Jolla, El Cajon, Chula Vista, Del Mar
If you were uninsured and injured in a auto accident, our knowledgeable accident attorneys can help you get the compensation you deserve. Call us at (310) 943-1171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case. Attorneys at KAASS Law speak English, French, Spanish, Russian, Armenian, and Italian.
Slip and fall accidents require a lawyer for a number of reasons, including the complexity of a given case. Every slip and fall case is unique and may require a alternative approach in order to successful recover on a claim or lawsuit. Most common slip and fall accidents are usually caused by the following:
The absences of warnings or caution signs situated near the hazard that caused you to slip and fall, can be a indicator of the property manager’s negligence. However, there are specific elements that must be proven and evidence that must show. Such as that the property manager failed to put a warning sign within a reasonable time of discovering the hazard or failed to notice the hazard within a reasonable time. The complexities of this type of claim can make it difficult for you to fight alone. Let us do the legwork on your claim so you can focus on your recovery. If you were injured due to a slip and fall accident our knowledgeable personal injury attorneys can help you get the compensation you deserve. Call us at (310) 943-1171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case, our attorneys at KAASS LAW speak English, French, Spanish, Russian, Armenian, and Italian.
Common types of physical abuse include any unwarranted or unwelcome physical touching including:
California Welfare And Institutions Code §15600 provides legal protection and recourse for elderly who have suffered abuse under the Elder Abuse And Dependent Adult Civil Protection Act. The law recognizes that many elders and dependent adults who are at the greatest risk of abuse, neglect, or abandonment by their families or caretakers suffer physical impairments and other poor health that place them in a dependent and vulnerable position. Elder is defined in the statutes as any person 65 years of age or older who is residing in California at the time of the alleged abuse. The term “abuse” is interpreted broadly and includes any of the following:
Neglect means that the care giver acted unreasonably by failing to exercise that degree of skill or render that level of care for which a reasonable person would exercise or render under similar circumstances. Under the Elder Abuse Protection Act, you or a loved one are entitled to compensation for any type of abuse, negligence or recklessness on the part of the nursing home facilities caregivers. Further, you or a loved one are entitled to file for damages against each healthcare provider who was involved in the abuse. It is best to seek assistance from an experienced California nursing home attorney. Often times obtaining evidence of abuse and bringing charges against the company or corporation which operates the nursing home can be almost impossible without specialized and experienced legal representation. If you believe that a loved one may be subjected to elder abuse and wish to file a claim, it is imperative to act quickly. There is only a certain amount of time during which you can file a case. The time limits are complicated and strictly enforced by the courts. If you think you have a valid claim, consult with one of our Glendale elder care abuse attorney as soon as possible.
An Glendale elder care abuse attorney can help you review your case and explain the steps that must be taken in order to bring action against the person, nursing home, rehabilitation center, or elder care facility. Speak to one of our Los Angeles personal injury lawyers experienced with elder abuse and nursing home negligence cases. We offer a free consultation and case review. Call our office at (310) 943-1171, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
The California Welfare And Institutions Code §15600 provides legal protection and recourse for elderly who have suffered abuse under the Elder Abuse And Dependent Adult Civil Protection Act and provides that: (a) The Legislature recognizes that elders and dependent adults may be subjected to abuse, neglect, or abandonment and that this state has a responsibility to protect these persons. (b) The Legislature further recognizes that a significant number of these persons are elderly. The Legislature desires to direct special attention to the needs and problems of elderly persons, recognizing that these persons constitute a significant and identifiable segment of the population and that they are more subject to risks of abuse, neglect, and abandonment. (c) The Legislature further recognizes that a significant number of these persons have developmental disabilities and that mental and verbal limitations often leave them vulnerable to abuse and incapable of asking for help and protection. (d) The Legislature recognizes that most elders and dependent adults who are at the greatest risk of abuse, neglect, or abandonment by their families or caretakers suffer physical impairments and other poor health that place them in a dependent and vulnerable position. (e) The Legislature further recognizes that factors which contribute to abuse, neglect, or abandonment of elders and dependent adults are economic instability of the family, resentment of caretaker responsibilities, stress on the caretaker, and abuse by the caretaker of drugs or alcohol. (f) The Legislature declares that this state shall foster and promote community services for the economic, social, and personal well-being of its citizens in order to protect those persons described in this section. (g) The Legislature further declares that uniform state guidelines, which specify when county adult protective service agencies are to investigate allegations of abuse of elders and dependent adults and the appropriate role of local law enforcement is necessary in order to ensure that a minimum level of protection is provided to elders and dependent adults in each county.
In order words, in the event that a policyholder(s) do not have excess insurance, policyholders should argue that their first party insurance company or primary insurer who rejected a within-limits settlement offer is obligated to pay the full amount of any subsequent settlement which exceeds that insured's policy limits. There is no reason why the first party insured should be forced to contribute or pay a settlement of which first party insured could recover by filing at first party bad faith action against their primary insurance company.
California insurance bad faith actions arise when insurance company breaches the implied obligation of good faith and fair dealing. Insurance companies must, unreasonably or without proper cause, act or fail to act in a manner that deprives the insured of the benefits of the policy. It is not a mere failure to exercise reasonable care. However, it is not necessary for the insurer to intend to deprive the insured of the benefits of the policy. Generally, the term bad faith for insurance purposes means an insurance company:
The court found that when an insurer's failure to reasonably settle a claim within policy limits, after primary or "first party" insurance rejected a within-limits settlement offer and there is a judgement against their insured/policyholder, whether by settlement or verdict, the first party insurance company must pay any excess monies, whether through jury verdict, settlement, or judgment. Policy limits demands can be a powerful tool for plaintiffs' insurance lawyers and can cause headaches for claims adjusters. While, it all depends on the circumstances surrounding the claim or issue, an insurer that misses an opportunity for a reasonable settlement of a claim against its insured can now be liable for the full amount of a later judgment, regardless of the policy limits. If you believe that your primary insurance company rejected a within-limits settlement offer and an later there was a subsequent settlement or judgement which exceeds your policy limits or you believe that your insurance company may be acting in bad faith, speak to one of our Los Angeles insurance lawyers for a free consultation and case review. Call our office at (310) 943-1171, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
It is highly recommend that you speak to a Los Angeles motorcycle accident attorney before doing or speaking to anyone., including insurance companies. If you or a loved one was suffered a motorcycle accident injury, then you have a limited time to take action. Please contact us online or call our 24/7 motorcycle accident attorney help line directly at (310) 943-1171 to schedule your free, no-obligation consultation.
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KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW criminal defense attorneys help clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Determining fault in a multi-car accident is the biggest barrier to overcome in these types of accidents. From a factual perspective, determining causation can be tricky. In a case where a driver admits to being distracted and being the first car to rear-end another car in a line of cars, it may be appropriate to assign that driver 100% liability. Often times however, there are other factors at play including, bad weather conditions, driving to close to another vehicle, road construction, drunk driving, or aggressive driving. Thus, it is vital to speak with a car accident attorney that has experience with handling multi-car accident insurance claims.
When tailgating contributes to a multiple vehicle auto accident, all drivers who tailgated potentially shares some liability for causing injuries of occupants in vehicles that are ahead of the tailgating driver. The driver of the vehicle that collides with the car at the end of the chain likely has the greatest fault. On the other hand, if the driver of the car at the end had followed the next car at a greater distance, perhaps that driver’s car would not have been pushed into the car that he or she was following. Chain reaction accidents or multi car accident in a “stop and go” traffic scenario also create issues of comparative negligence. Generally, drivers are not held responsible for following another vehicle too closely when the vehicles in traffic are stopped, but if the chain reaction collision occurs while the cars are in motion, the legal notion of "comparative negligence"comes into play. If some cars are in motion but others are not, sorting out responsibility becomes a difficult task. If you were involved in an chain reaction or multi-auto accident call or contact our Glendale personal injury attorneys for a free consultation. We will fully review your case, answer any questions you may have, and explain the process as you move forward.
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In wrongful death cases, plaintiffs are the surviving family members of the decedent and can seek to recover economic damages. This includes financial support the decedent would have contributed to the family during the lifetime of the decedent or plaintiff. Also, loss of gifts or benefits that plaintiff would have expected to receive from decedent. Lastly, funeral/burial expenses reasonable value of household services that decedent would have provided to his or her loved ones. Additionally, the surviving family members may also seek non-economic damages. This includes loss of decedent’s love, companionship, loss of services, loss of support, comfort, care, assistance, protection, and moral support. Loss of the enjoyment of sexual relations and loss of decedent’s training and guidance are also real factors.
A survival cause of action in California can only be brought if the decedent did not pass from the injuries. If the deceased lived for a period between the accident and death, considering to file under survival cause of action. The representative of decedent's estate may seek to recover damages. This includes, “the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement". If you and your family are considering filing either a wrongful death or survival action lawsuit, or both if the circumstances permit, we invite you to contact one of our Los Angeles personal injury attorneys today for a free consultation and case review. KAASS LAW has successfully represented victims in wrongful death and survival cause of actions.
This content is intended for educational purposes only. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information, which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, North Hills, Porter Ranch, Chatsworth, Reseda, San Diego, La Jolla, El Cajon, Chula Vista, Del Mar
Further information regarding the iPhone slowdown class action lawsuit will be released in the coming days. In the meantime, for more information you may email [email protected] by referencing Mailyan v. Apple Inc. In the subject line.