In California, the statute of limitations for lawsuits based on negligence is usually two years. There are some exceptions to this, such as for medical malpractice. Some factors can toll (or delay) the statute of limitations, such as when you could not reasonably have discovered your injuries. Suing after the time has expired will get your lawsuit dismissed. California statutes of limitations for negligence Below are the most common statute of limitations for personal injury lawsuits based on negligence: Type of negligence lawsuit California’s statute of limitations Medical malpracti ..read more

There are five common situations when there is a tolling of the statute of limitations in a California personal injury case. These are when the plaintiff is: a minor, located out of the state, incapacitated, legally insane, or in prison. A “statute of limitations” is a legal term meaning the period of time a person has to bring a lawsuit. If a party brings a claim after the limitations period expires, then the claim will likely be dismissed, per California Code of Civil Procedure Section 335.1. “Tolling” provisions work to stop or temporarily suspend the statute of limitations period. When t ..read more

If you are injured in an ATV (all-terrain vehicle) accident in Nevada, you may be able to sue one or more of the following eight parties: The ATV driver that caused the accident (or the driver’s parents if the driver was underage); Any passengers of the ATV if their interference contributed to the accident, The owner of the ATV; The ATV manufacturer, if a defective part caused the accident; The ATV helmet manufacturer, if it failed to properly protect you; The ATV dealer, rental company, or maintenance company that sold, leased, or maintained the defective vehicle; Mechanics who may have dama ..read more

In 2022, 10 children ages 14 and younger died by drowning in Clark County swimming pools according to the Southern Nevada Health District. Eight of those children were four years old or younger. The CDC estimates that 1.25 of every 100,000 people in Nevada suffer drowning deaths.1 Drownings are not the only swimming pool injuries in Las Vegas. Victims also sustain: fractures, lacerations, and cuts from slip-and-falls from poorly maintained surfaces/masonry, infections from untreated water, electrocution burns if an electric cord touches the water, or even heat stroke from overly hot jacuzzis ..read more

Nursing home abuse lawsuits can take anywhere from a couple of months to over 2 years to settle. If the insurance company makes a fair settlement offer before the lawsuit is filed, it can end quickly. If no fair offers are made, the case can go to trial and take much longer. What is a nursing home abuse lawsuit? A nursing home abuse lawsuit is a legal claim for compensation against the nursing home where the victim was abused. That abuse can happen in a variety of ways. It can be: physical abuse, sexual abuse, neglect or abandonment, financial exploitation, and/or emotional abuse, like isolat ..read more

The amount that personal injury lawyers take from a settlement depends on the contingency fee agreement. It is generally around 33 percent. It can increase if the case goes to trial. Many states have laws that regulate the percentage used. They also may require a clear and unambiguous contingency fee agreement. What is a contingency fee? A contingency fee is one of the ways for lawyers to get paid. Lawyers who charge a contingency fee earn a portion of the amount that gets recovered. If nothing is recovered in the case, then the lawyer does not get paid. Other ways for lawyers to charge their ..read more

A personal injury lawsuit is a formal demand for compensation for losses that the injured person has sustained. They can go through 7 stages: the victim gets hurt, the victim hires a personal injury lawyer, an insurance claim is filed, if no fair settlement offer is made, the victim’s lawyer negotiates on his or her behalf and gathers evidence to support their case, a personal injury lawsuit is filed, settlement negotiations begin as both sides gather evidence of the incident, and if no settlement is reached, the case goes to trial. 1. You get hurt All personal injury cases begin with the vi ..read more

In California, the statute of limitations for contractual medical liens is four years. This gives medical providers four years from the date of the lien agreement to take legal action to collect on it. After the four years have passed, the lien expires. The medical provider loses their right to pursue payment in court, though they may pursue it in other ways. How does a California medical lien affect my settlement? A medical lien can influence your personal injury settlement by giving your medical provider the right to collect payment for its services. That payment would come from your settlem ..read more

In California, you should keep and maintain all evidence that is in your possession, and that may be relevant to a personal injury case. You should also take necessary steps to ensure that the potential defendants preserve evidence in their possession. Statements from witnesses can also be taken and preserved. The consequences for spoliation of evidence are significant. What steps should I take to preserve evidence in my possession? After a personal injury situation, you are in a position to gather and retain some key pieces of evidence. These can include: photos of your injuries, pictures of ..read more

In California, res ipsa loquitur is a legal doctrine that allows accident victims to prove the defendant was negligent by the mere fact there is no other reasonable explanation. In short, the only logical conclusion based on the available evidence is that the defendant is liable. Example: A small plane crashes into the ocean on a clear day. The inspection reveals no defective parts, birds in the engine, or other planes in the area; plus the sole passenger was strapped into his seat, and the pilot was not on the radio at the time of the accident. Under res ipsa loquitur, there is no reasonab ..read more