April 1st, 2011
Every 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 »
Posted in Accidents & Injuries
January 28th, 2011
If 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:
- Keep track of all communications with persons involved in the case. This includes communications with the person you are suing and potential witnesses. Note the date and time of the communication and what was said.
- Organize all of your paperwork. When you’re in front of the judge, you do not want to be fumbling for documents. Have everything organized in a binder and ready to go.
- Contact any witnesses who are important to proving your case. If they have crucial information, ask if they are available to testify at the trial.
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.
Posted in Small Claims
November 24th, 2010
If you are a homeowner, you may find yourself involved in a dispute with a neighbor over a tree, fence, structure, view, property boundary line, or other shared aspects of your property.
Trees. One of the most common disagreements between neighbors is tree disputes. When trees are planted on or near a boundary line, branches and roots can grow on the other side of the property line. Your neighbor’s property may be damaged by falling limbs or encroaching tree roots, or his or her view may be obstructed. Before planting a potentially large tree it is a good idea to check the description on your deed and easement documents, filed with the county recorder, and view any maps for your development on file with the county building department, to ensure that your tree will not grow to extend limbs and roots onto your neighbor’s property.
Fences & Structures. The same is true if you decide to add a fence to your property, or build a patio cover or other structure: you want to make sure it is completely on your property, within the legal “setback” required, in compliance with the building codes for your city or county, and in compliance with any “CC&R’s” filed with your deed (see below) so that you do not encroach on your neighbor’s land or violate local laws.
Locating Boundary Lines and Setbacks. If the deed and other legal documents that describe your property are very old, or there are conflicting maps, you can telephone a general survey company and order a boundary line survey, typically costing around $500 to $1500. Your title insurance company may also be able to provide you with boundary line information at little or no cost. For fence and structure setback (distance from the boundary line), size limits, and building permit requirements, you’ll want to check with your attorney, or, if you are doing it on your own, review the applicable building code at your local law library and check with whatever city or county building department issues permits for your neighborhood.
CC& R’s. People who own homes in neighborhoods that have homeowners’ associations must legally follow a set of rules called Covenants, Conditions, and Restrictions (CC&R’s), filed with each homeowner’s deed. CC&R’s vary between different neighborhoods, but all regulate in some way how homeowners within the community can use and improve their property. These rules often prevent homeowners from planting large trees or building additions that block another homeowner’s view. CC&R’s also require homeowners to maintain their property up to a certain standard so it does not become unsightly. Even if you are not protected by CC&R’s in your community, you may be protected by local laws and regulations that control the type of structures and location of landscaping that can be placed on property.
Problems and Disputes. If a neighbor’s fence, building, or tree is too close to the legal setback line, or crosses the boundary line and encroaches onto your property, it is important to seek legal advice as soon as possible. If you fail to take action for a significant period of time, your neighbor may gain an ownership right to the portion of the land affected by a boundary line encroachment. If you are unable to resolve your property disagreement problem through discussions with your neighbor, you can get help from an experienced San Diego real estate attorney. At San Diego Law Firm, we have attorneys with many years of experience in solving property disputes through mediation, arbitration, informal settlement discussions, and, in cases where nothing else works, court proceedings. If you need help with any property problem, please call San Diego Law Firm at (619) 794-0243 to schedule a consultation.
Posted in Property Disputes
October 22nd, 2010
It was recently in the news that Dr. Frank Ryan, celebrity plastic surgeon, was killed in a car accident when his car ran off a cliff in Malibu. New England Patriots quarterback, Tom Brady, and comedian Russell Brand were also in the news for being involved in less serious accidents. Hearing these reports makes people wonder, “What should I do if I’m involved in a car accident?” Read the rest of this entry »
Posted in Accidents & Injuries
September 10th, 2010
According to United Sates Coast Guard, of the 4,730 recreational boating accidents that occurred in 2009, 736 of those accidents resulted in death. In its “2007 California Boating and Safety Report,” the California Department of Boating and Waterways documented 804 boating accidents. The types of boating accidents that occur include everything from being involved in a collision with another vessel to being hit by a boat while participating in a water sport activity. The three most common causes of boating accidents are operation of a boat at an excessive speed, inattentiveness of the operator, and operator inexperience.
Does California Have Laws to Protect Boating Accident Victims?
Under California law, a boater who is involved in an accident must file an accident report with the California Department of Boating and Waterways in the case of death, disappearance, or injury. Additionally, a report must be filed if the operator of a boat causes more than $500.00 worth of damage to another vessel or other property or causes the complete destruction of property. And, it is a general rule of law that the owner and or operator of a boat must exercise the highest degree of caution to prevent injuries to swimmers, passengers, and anyone else in the surrounding area.
What Compensation Is Owed a Victim of a California Boating Accident?
Boating accidents can carry criminal and well as civil penalties. As a victim of a boating accident you may be able to recover money compensation for medical expenses, lost wages, pain and suffering, and property damage. If a boating accident results in a fatality, family members may be able to file a wrongful death action.
Issues of Fault Can Be Complex
Who is at fault in a boating accident is not always easy to determine. No case illustrates this better than a recent accident that occurred during a local holiday parade. As a San Diego Union Tribune’s article explained, in that accident, a 33-foot Coast Guard vessel hit a 24-foot boat with 13 people aboard at the San Diego Bay Parade of Lights, killing one person and injuring five others. Who was at fault there would depend on whether or not certain maritime laws had been complied with regarding the proper use of navigational lights, speed, and right of way.
The issues of fault, liability, and compensation can be complex in boating accidents in California. Due to the nature of the accident itself a comprehensive knowledge of the Federal, State, and Maritime law is required to pursue any claim arising from a boating accident. The personal injury attorneys at San Diego Law Firm are experienced in handling personal injury lawsuits that arise from accidents such as boating accidents. Please call us at (619) 794-0243 to schedule a consultation.
Posted in Accidents & Injuries
August 20th, 2010
According to the Centers for Disease Control and Prevention, more than 4.7 million people per year are bitten by dogs. An even more alarming figure is that dog bites send approximately 368,000 victims to hospital emergency rooms every year. Needless to say, a dog bite or attack can result in a very serious personal injury. Thankfully, California has a dog bite statute that imposes liability on a dog owner for injuries inflicted on a human being.
California’s Dog Bite Statute
California is a “strict liability” state that has a statute making dog owners civilly liable for all injuries caused by his or her dog. California Civil Code, Section 3342 states: Read the rest of this entry »
Posted in Accidents & Injuries
June 21st, 2010
Pedestrian Accidents in San Diego
The statistics documenting the number of injuries and deaths caused by pedestrian accidents throughout the state of California each year are astounding. According to the California Highway Patrol, in 2008 there were 23 fatalities and 533 injuries involving pedestrians in San Diego. In one year, pedestrian accidents accounted for the death of 63 lives and the injuries sustained by 998 individuals. Some of the top causes of pedestrian accidents include a driver who fails to yield the right of way to a pedestrian at a crosswalk, hit and run accidents, and a driver not making a complete stop. As our society encourages a more pedestrian way of life, whether it be for health, environmental, social, or financial reasons, the reality is that as a pedestrian we are all at risk.
Are There Laws that Protect Pedestrians in California?
Depending on the circumstances of the accident itself, there are some statutes that may help determine the liability of a driver who is involved in an accident with a pedestrian. For example, California Vehicle Code section 21950 states that a driver of a vehicle “must” yield the right of way to a pedestrian crossing a street within a marked or unmarked crosswalk at an intersection. This same section of the California Vehicle Code also states that a driver of a vehicle approaching a pedestrian within a marked or unmarked crosswalk “shall” exercise all due care and “shall” reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian. If you or a loved one was a pedestrian victim in crosswalk accident, there is a specific law that protects your rights.
Also, depending on who caused the pedestrian accident, you may have to file a claim within 6 months of the incident if a government agency was negligent by directly causing the accident or by failing to maintain a roadway. If this is the situation, you will definitely need to follow the procedures involved for filing a claim with a particular agency before going to court, or have an experienced attorney file the claim for you. Knowing your rights is paramount if you intend to seek recovery for an injury in a pedestrian accident.
Are Pedestrian Accidents Considered Minor Under California Law?
The answer to this question is NO. Given very recent settlements and verdicts in California, the seriousness of pedestrian accidents knows no bounds – especially not when it causes someone permanent injury, or causes a family to suffer the death of a loved one. Some of the most serious cases involve injuries such as traumatic brain injury, spinal cord injury, and fractured bones. These injuries can lead to paraplegia, quadriplegia, or even death.
For example, a recent California case resulted in a multi-million dollar payment to the victim pedestrian who suffered massive injuries when he was hit by a trash hauling truck and dragged 20 yards. In another case, which occurred in San Diego, a man died after he was crushed by a collapsing structure covering a pedestrian walkway. In that case, the scaffolding company was held responsible to the family for the man’s death. In yet other pedestrian injury cases, each victim recovered millions from the responsible party: an insurance company that indemnified the negligent driver, the employer that bore responsibility for an act of an employee, or the state agency that failed to maintain a road.
Should You Seek the Advice of a Lawyer If You Are Injured in Any Type of Pedestrian Accident?
When there is a question of legal responsibility and you are injured, it is always best to consult an experienced trial lawyer. There are many issues involved in determining who is at fault, and many things that may limit or bar victim compensation if each step is not handled correctly. In a pedestrian accident case, the parties involved are not only limited to the driver of the vehicle and the person injured. There are insurance companies to deal with, possible claims to be filed with the government, experts to be consulted, medical treatment to be sought, and financial and other losses to be computed.
If you are involved in a pedestrian accident, the personal injury attorneys at San Diego Law Firm are seasoned, experienced, and diligent, and are available to help you. Call them at 619-794-0243 to discuss the specifics of your case and to obtain a thorough and honest assessment of your potential claim.
Posted in Accidents & Injuries, Pedestrian Accidents
May 14th, 2010
San Diego has many different transportation options, including transit buses, school buses, the trolley, taxis, shuttles, and the Coaster train. When you ride on public transportation, these carriers have a great deal of responsibility in making sure you’re as safe as possible. But how far does a provider need to go to ensure safety for its passengers? Read the rest of this entry »
Posted in Accidents & Injuries
April 23rd, 2010
If you’ve been involved in a San Diego car or motorcycle accident, your job after the accident is to maintain the proof you’ll need to be fully compensated, and have your lawyer deal directly with insurance companies.
Your claim will be under a lot of scrutiny, especially from the insurance companies who will question each and every injury and expense. Your detailed documentation and records will be valuable in strengthening your bargaining position and in negotiating a settlement or proving your case at trial. Read the rest of this entry »
Posted in Accidents & Injuries
April 23rd, 2010
Every year in California and throughout the United States about 7,800 people experience a spinal cord injury, reports the National Spinal Cord Injury Association (NSCIA). According to the NSCIA, between 250,000 to 400,000 people are living with Spinal Cord Injury (SCI) or Spinal Dysfunction today. Many know first hand that spinal cord injuries are some of the most devastating personal injuries suffered.
Experts and those who have SCI will tell you about the importance of learning as much as you can about your injuries and the steps toward recovery. You also need to seek the resources you’ll need to help you move forward. If the injury was caused by someone else’s negligent or intentional actions, then it’s crucial to get skilled legal help to try and secure full compensation from the responsible parties. Read the rest of this entry »
Posted in Accidents & Injuries
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