Pain and suffering is a type of non-economic damage that is not quantifiable in dollars and cents. It refers to the physical and emotional pain that a person experiences as a result of an injury. In California, pain and suffering damages are typically calculated by a jury, who will consider factors such as the severity […]
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What happens in a car accident if I don’t have auto insurance?
This situation is governed by Prop 213. In 1996, California voters passed Proposition 213, also known as the “No Pay, No Play” law. This law limits the recovery of non-economic damages, such as pain and suffering, for uninsured drivers in California. If you were injured in a car accident and you were an uninsured driver, […]
Will an Uninsured Motorist Claim increase my insurance rates?
I speak with potential clients who were injured in car accidents by the fault of another driver, and sometimes those drivers are uninsured. Some people are reluctant to make a claim with their own insurance as they mistakenly believe their premiums will increase if they make a claim for their injuries and damages. But that’s […]
I was bit by a dog! What do I do?
In California, dog bites are treated specially. California Civil Code Section 3342 says: ” The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the […]
What are my rights if I’m hurt at work in California?
In California, Workers’ compensation benefits provide employees with the medical treatment you need to recover from your work related injury or illness. They also provide TTD which is compensation to partially replace the wages you lose while you are recovering, and can include other help you return to work such as training. If you are […]
After a car accident, the insurance adjuster wants to take my recorded statement. Should I do this?
After a collision, you may be contacted by an insurance adjuster who represents the other driver. They will often ask you about your injuries and want you to sign an authorization so they can get your medical records and ask you to give a recorded statement. People often assume that they have to do this. […]
What court is the right court?
When it comes to personal injury claims (e.g. dog bites, car accidents), there are many factors that determine how to get the best result. One claims are relatively minor (fender bender with pain for a couple weeks and minimal chiropractic bills). These claims, if not settled favorably with the insurance adjuster, are often best resolved […]
What did the insurance adjuster mean?
I frequently get calls where a prospective client tells me something the insurance adjuster for the other side said to them. And people are often confused and misunderstand. So I’m going to clarify a few terms and phrases so you better understand what the adjuster is telling you. First off, some background about insurance companies […]
I was in a car accident and have health insurance. What medical bills does the at fault driver have to pay?
When people call to discuss an auto case, one of the big questions is what are they entitled to receive from the other driver’s insurance. This post (limited to California law) looks at one of those elements: medical bills. Let’s assume you were rear-ended at a stoplight by a driver who was texting. You receive […]