02. Personal Injury
Personal Injury Cases in California
California Civil Code §1714 and Defining “Negligence”
Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.
Truck accidents, Motorcycle and Bicycle accidents, and all other vehicular accidents. When a person is involved in an accident it is important to determine ownership of the vehicle, the facts and circumstances of the accident, and the existence of insurance coverage.
Often, many aspects of the situation are not clearly known. It is critical that effective early intervention by your representative be undertaken. The lawyers and staff at the LOHG pursue details regarding the facts of the accident as near the date of the occurrence as possible to solidify establishing liability in favor of their clients. If necessary, a private investigator is promptly dispatched to take statements, photographs and clarify any ambiguities that may exist.
It is important that appropriate health care be scheduled for injured clients.
It is important that the attorney make early contact with the Insurance companies involved to ensure that the client’s position in the case is not prejudiced in any way.
Boating accidents can be very similar to vehicular cases. However, depending on the location where the incident occurred, different rules may apply. Issues arise as to maritime law and jurisdictional questions—in what Court should the lawsuit be filed for example.
Products Liability cases involve defects in products that have caused harm to the consumer or bystander.
California “Products Liability” Laws-California Civil Code Section 1714.45. Under California products liability law, someone who designs, manufactures or sells a defective product is strictly liable for injuries caused by that product, even when that person or company was not necessarily negligent in causing the injury.
Often it is necessary for the lawyers to retain the services of an appropriate engineer as soon as possible to establish causation, defects, and/or suitability of a product.
KEY POINT TO REMEMBER
Responsibility for a loss and compensation for that loss is sometimes quite difficult to determine. Contacting an experienced attorney as soon as possible after an incident in which you were injured is critical. There are circumstances wherein a client does not realize that injury was inflicted on the client for which another person, business, or entity is responsible. It is important for a client to fully understand the nature and extent of all options which may be pursued and the likelihood of success as early after an incident as possible.
48 Years of Accumulated Practice
The Law Offices of Heather Gibson is dedicated to fighting on behalf of those who might not otherwise have a voice. We vigorously advocate for the rights of our clients against the seemingly insurmountable forces of insurance companies, utility providers, large scale business and the government with a proven record of success.