Economic Damages are damages to one’s pocketbook, and non-economic damages are damages to one’s heart and psyche. Economic damages are items such as the cost of medical care, medication, physical therapy, psychotherapy, lost income, lost earning capacity, and loss of household services. Non-economic damages are intangible items such as sadness,… CONTINUE
How Does a Domestic Violence Lawsuit Differ from A Criminal Domestic Violence Case?
There are some important distinctions here. First, in a civil domestic violence case, the victim is a real party (plaintiff) in the case. In a criminal case, the plaintiff is not the alleged victim, it is the People of the State of California. This distinction is important. It means that… CONTINUE
Does California Penal Code 399 apply to people who are subject to those cases where you sue for punitive damages, such as people who have dogs that have bitten multiple times?
Yes. The words “dangerous animal” do have a legal connotation. “Dangerous animal” normally implies that the animal has a known dangerous propensity; either because it is wild in nature, or because it has a history of vicious behavior.
How domestic violence and sexual assault victims sometimes feel re-victimized in criminal cases
Victims often tell me they feel re-victimized because they can receive multiple subpoenas for multiple hearing dates, the case often changes hands between several prosecutors, and victims don’t always receive regular communication regarding the status of the case. Examples as to why complaints I get from domestic violence and sexual… CONTINUE
Attorney Todd Emanuel seeks justice against Virginia Cleaners
Bay Area Sexual Assault Attorney Todd Emanuel seeks justice for an unidentified woman against Virginia Cleaners. Women getting dress alterations at a Berkeley tailor shop say they were sexually battered by an employee and that the business owner knew of the tailor’s dangerous tendencies, but continued to employ him. The… CONTINUE
Dog Bite: Trained Attack Dogs and Civil Code 3342
There are extreme circumstances where one is attacked by a dog who is specifically trained to fight and attack. You’ll remember that Michael Vick, who is still a quarterback for the NFL, was involved in a ring of dogs trained to fight for sport. So, if you’re attacked by a… CONTINUE
How does a sexual assault lawsuit differ from other injury cases?
The biggest difference in a sexual assault lawsuit is the client. When harm results from negligence such as a pedestrian struck by a truck in a crosswalk, the victim may suffer catastrophic injuries that impact virtually every area of her life. The same can be said about survivors of sexual… CONTINUE
Homeowner’s Policy Exclusions and Animal Attacks
In San Francisco, it’s illegal to own livestock, but it was very popular at one point to have miniature pigs as house pets. Let’s say I’m attacked by livestock that isn’t owned legally? What does the case look like, how is it different, and what is the insurance company going… CONTINUE
Dog Bite: What is Your Advice to Those People Who Have Been Injured by a Friend’s Pet But Don’t Want to Harm the Friendship by Pressing Charges?
Responsible people purchase insurance for a reason. We want to be insured in the event that something accidental happens on our property. Just as we are insured for negligent driving and possible defects on our property, we are insured in the even our dog, for whatever reason, bites a guest… CONTINUE
Dog Bite: Is There an Insurance Company Who Covers Known Dangerous Animals? Who Pays in a Successful Settlement or Verdict?
Normally homeowners’ insurance covers dog bite activity. Oftentimes renters’ insurance covers dog bite activity. In fact, another statistic from the San Francisco Chronicle article that I cited earlier, “Dog bites accounted for one third of all homeowner’s liability claims in 2015.” ** I think this subject is really important because… CONTINUE
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