When Should You Represent Yourself on an Accident Claim?January 30th, 2012If you’re a victim in an auto accident caused by someone else, you may be considering trying to handle your case yourself to avoid paying part of your settlement to an accident lawyer. Sometimes that’s a great idea, and sometimes it’s a terrible idea. Here’s how to know the difference. You Should Represent Yourself When: Read the rest of this entry »
What Happens to Your Injury Claim if You File BankruptcyDecember 23rd, 2011Accident victims often miss a great deal of work and find themselves with mountains of unpaid bills as a result. When their financial situation becomes unbearable, they may turn to bankruptcy for debt relief and a fresh start. But if you are that accident victim, how will bankruptcy affect your legal right to compensation for your injuries and related expenses? Read the rest of this entry »
How to Make a Claim for Uninsured Motorist CoverageNovember 23rd, 2011According to the Insurance Research Council, about one in seven California drivers is uninsured, and even more are “underinsured” – meaning they don’t have enough insurance to fully pay for injuries and property damage if they cause an accident. Suppose you’re injured in an accident caused by one of these irresponsible motorists. What then? Read the rest of this entry »
California Wrongful Death Lawsuits: Getting Legal Help After a Tragedy That Could Have Been PreventedOctober 4th, 2011There was a time when a victim’s family was left without a legal right to seek compensation for the loss of a loved one, but today California law allows for wrongful death actions when a loved one has died because of another’s negligence or wrongdoing. Wrongful death actions are lawsuits filed in a civil court. When a death is caused not by simple negligence, but by someone’s intentional or reckless wrongdoing, there may be a criminal prosecution that’s separate from the civil lawsuit. Tragic accidents can often raise questions about safety measures that should have been in place to prevent an accident. Here in San Diego, many of us have seen the news coverage about the recent Illinois State Fair tragedy caused when a concert stage collapsed during severe storms. USA Today reports that the first wrongful death lawsuit has been brought alleging that the accident was preventable and that the concert should have been cancelled after several warnings about the severe weather. The lawsuit was brought by a victim’s teenage daughter and by the victim’s life partner, although currently Illinois doesn’t allow life partners to recover damages in these cases. Read the rest of this entry »
Using Mediation to Resolve a Business DisputeAugust 23rd, 2011Clients often call us after an unsuccessful attempt to resolve a dispute outside of court with someone with whom they have a business relationship. The other side may have either filed or threatened a lawsuit, or our client may be considering filing suit. At San Diego Law Firm, we’ve found that many business disputes can be resolved with mediation, either instead of a lawsuit or after a lawsuit has been filed. Mediation is faster and cheaper than court proceedings, and the parties can still go to court if mediation doesn’t resolve the dispute.
California Lemon Law’s Insider SecretsJuly 29th, 2011California’s “lemon law” lets buyers of most types of consumer products receive a refund, replacement, or cash compensation if the product is defective and the manufacturer / authorized dealer can’t repair it after a reasonable number of tries. This lemon law, named the “Song-Beverly Consumer Warranty Act,” offers extensive product protections that most people are unaware of. 1. Lemon Law Insider Secret #1: Almost Every Type of Consumer Product is Covered. Read the rest of this entry »
A Property Owner’s Duty to Protect Visitors from Hidden & Unsafe ConditionsJune 20th, 2011If we get hurt on another person’s property and it could have been prevented, shouldn’t the property owner be legally required to help us pay our medical bills? Often, this is exactly the case. In most situations, someone who owns business property or a home is legally required to warn visitors about any hidden and unsafe conditions on the property that the owner knew about, or reasonably should have known about. Adult & Child Trespassers Generally, California law does not make an owner responsible for protecting an adult trespasser from hidden dangers on property. However, the situation is different if the owner can reasonably anticipate that a trespasser might be a child attracted by some feature of the property, such as a swimming pool, water slide, or backyard trampoline. If the owner knew or should have known that children were attracted to the feature and made no effort to protect these children from the hidden danger, and your child was attracted, trespassed on the property, and was hurt by the hidden danger, the owner may be legally responsible for your child’s injuries. Social guests A social guest is someone the property owner invites over for social reasons, such as a dinner or a birthday party. If someone invites you over to their home, then they likely have a duty to warn you about any unsafe condition on or around their home that you probably wouldn’t notice on your own. A good example is an unstable deck in need of repair. Since the owner, based on their own use and maintenance of the deck, should reasonably know it is unstable, they would have to at least warn you about the instability if it was not immediately obvious. Invitees An invitee is someone who is invited or expected to come onto the property for business purposes. A plumber there to repair a sink is an invitee. So are members of the public visiting a home because it is a historical landmark, like the Whaley House in Old Town. If you are an invitee, the owner has even greater responsibility to you. In addition to warning you unsafe conditions, the owner must have regularly inspected their property to discover any hidden dangers. . . . If you or a loved one has been seriously injured by a hidden, unsafe condition on someone else’s property, let the experienced trial attorneys at San Diego Law Firm help you. You shouldn’t have to bear the burden of your medical expenses if your injury could have been avoided by a warning. We can prepare and send a formal legal demand and/or file a lawsuit on your behalf against the property owner’s insurance carrier to seek payment of your medical expenses and any lost wages, as well as compensation for your pain and suffering. Please call San Diego Law Firm today at (619) 794-0243 to schedule an appointment.
Sexual Harassment: Your Rights and OptionsMay 20th, 2011Work can be a stressful situation. There are assignments to complete, deadlines to meet and bosses to impress. But imagine the dread of driving to work knowing that once you get there you will be sexually harassed by your boss or fellow employees. It may help to know that all types of sexual harassment are illegal, and that if you are the victim of harassment, you have legal rights to compensation and other remedies. Sexual harassment can take many forms. Maybe your co-workers create a hostile work environment by sending you vulgar email, telling sexually-charged jokes about your appearance, staring at you until you feel uncomfortable, or giving you unwanted backrubs at your desk. Or maybe you are made to feel like the only way to get ahead in the office is to say “yes” the next time your boss invites you out on a date. Each of these actions is an example of sexual harassment , and each is against the law. Read the rest of this entry »
The High Cost of Dealing with an Auto Insurance Company on Your OwnApril 1st, 2011Every year, many people are injured in car accidents. One of the major stressors of an accident-caused injury is dealing with insurance companies. Many people insurance companies will be on their side and will look out for their best interests. However, this is not usually the case. In an accident, all insurance companies are your opponents, including your own. Insurance companies are for-profit businesses, and their top priority is to pay out less than they take in premiums. Insurance companies will use many tactics to reduce the amount they have to pay out for an accident. Read the rest of this entry »
Handling Your Own Case in Small Claims CourtJanuary 28th, 2011If you have a dispute over money with a person or business, you may be considering filing a small claims court lawsuit. In San Diego Small Claims Court, an individual may file a claim against a person or business for up to $7,500.00. Businesses may file claims for up to $5,000.00. Parties in small claims cases cannot be represented by lawyers. Each side must present their own case to the judge. Lawyers may only appear in small claims appeals. If you are suing in small claims court, it’s important to present a clear and organized case to the judge. Recently, a finance blog posted some tips that can help you prepare your small claims case:
Following these tips can help you present a logical and well-supported case to the court. Being organized, clear, and concise will give you the best chance of winning your small claims case. If you file a San Diego small claims court case, and the other side files a “counterclaim” against you for more than the small claims court limit, the entire case will be transferred to the San Diego Superior Court. The rules there are more complicated, and your case will become more difficult and expensive to pursue. In Superior Court, both sides are entitled to be represented by a lawyer, and you will need to meet each of the legal requirements of that court. If you are considering filing a lawsuit for any amount, it’s a good idea to consult an experienced attorney as early as possible. Your attorney can help you decide whether it’s in your best interest to take the case to court, and tell you what is likely to happen and how much it will cost. Your attorney can also write demand letters on your behalf, suggest possible solutions to the dispute that do not involve the exchange of money, and help you obtain a resolution to the dispute outside of court through mediation or arbitration. The attorneys at San Diego Law Firm are experienced in handling all types of lawsuits and disputes. Please contact San Diego Law Firm at (619) 794-0243 for dependable, cost-conscious advice about your legal rights in any dispute, and all of your options for resolving your dispute.
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