The most common mistake injured parties make regarding settlement negotiations is having an arbitrary dollar amount fixed in their minds. It is smart to go into a negotiation with a reasonable target range, but not necessarily a drop-dead number. Furthermore, it makes little sense to go into a settlement negotiation… CONTINUE
What tools do you use to support a strong settlement demand?
Most personal injury attorneys use bare-bones materials such as copies of police reports, medical records and bills. When we’re dealing with serious cases, we need to show our level of commitment by providing the defense with hard-hitting and impactful evidence. I like to use animations that truly show the severity… CONTINUE
When is it a good time to settle a personal injury lawsuit?
There are normally many opportunities to try to settle your case before trial. In most personal injury cases, the statute of limitations is two years from the day of the incident. In some cases, we may try to settle without filing a lawsuit. This is possible when we have enough… CONTINUE
Getting the Largest Personal Injury Settlement
Q: What elements are needed for a “big” personal injury settlement? There are many possibilities. Some of the common elements in cases that settle for significant dollar amounts are: Severe physical or emotional injuries; Death; Strong evidence that one or more defendants are responsible; Responsible parties with significant assets, cash,… CONTINUE
Should I settle my personal injury lawsuit if I am still injured?
A personal injury defense will virtually never agree to a settlement in the form of both a lump sum and a blank check for future medical treatment. Because my firm commonly deals with significant and catastrophic injuries, we’re normally forced to make big decisions about settlement versus trial while our… CONTINUE
Why do parties settle a personal injury lawsuit instead of going to trial?
Personal injury trials can be very exciting and dramatic. They can also be an excellent means of seeking and obtaining justice. However, trial outcomes are inherently uncertain. The main reason parties choose to settle cases is that settlements provide certainty and closure on the client’s voluntary terms. Even a favorable… CONTINUE
Dog Bite: Criminal Acts and Homeowner’s Policies
Most homeowners’ policies specifically exclude criminal acts and intentional acts. So, the insurance company would likely assert that it is not responsible. Whether the insurance company prevails in that situation would really depend on the facts of the case. For example, if the insurance company insures your Rottweiler and it… CONTINUE
In cross examination from the defense attorney, is that sometimes painful for the victim? Is it invasive, or do defense attorneys not go there for fear of alienating the jury?
It’s depends on the case and the style of the defense attorney. We must respect that a criminal defense attorney has a duty to be a zealous advocate for the accused, and that the accused is presumed innocent. Still, it is very traumatic for a victim to be confronted by… 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.
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
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