Brown & Gessell Blog
In the United States, twelve states operate under a 'No-Fault' system. This means that in a car accident, both drivers are required to file an insurance claim with their insurance providers, regardless of who was at fault. Some people ask: Is California a no-fault state? The answer is No, California is not a “no-fault” insurance state with car accidents. It is an at-fault state and better stated it is a “comparative fault state,” meaning that the fault of all drivers is taken into consideration. When you suffer an auto accident in California, you can pursue the at-fault driver, and that [...]
In various types of personal injury cases, including car accidents, physical therapy sessions are required to help victims recover from their injuries. But does physical therapy affect a car accident settlement? It does but in a positive way. Physical therapy records can be used as evidence to demonstrate the severity and long-term impact of a victim’s injuries. They can also be used as leverage to pursue a higher settlement amount and receive maximum compensation. Attending prescribed physical therapy sessions is not just a means to prioritize one’s health but also to demonstrate the seriousness of a victim’s injuries. However, you [...]
Personal injury claims arise every day from car accidents, medical malpractice, slip and falls, and other incidents. Under California law, victims of personal injury are entitled to compensation for their damages and losses if the negligence or intentional actions of another party caused their harm. Since every personal injury case is unique, settlement values can differ greatly even in similar cases. But how do you increase the settlement value in personal injury claims? There are various factors that can significantly influence your personal injury settlement. This includes whether or not you work with an experienced personal injury attorney, your actions [...]
Right-of-way driving in California can significantly influence your car accident case if you ever find yourself in this situation. In fact, one of the first things you should find out when you pursue a car accident claim is who had the right-of-way. Although you can still recover damages in California even if you did not have the right-of-way, the circumstances of your case will need to show a reasonable amount of fault by the other driver. Regardless of whether you are involved in a car accident in California where you had the right-of-way or not, you should always consult a [...]
Emotional distress is a psychological injury and victims can sue another party for those damages in California civil courts to pursue compensation. Emotional trauma is not always caused by physical injuries and the presence of a physical injury is not needed to pursue emotional distress in a claim. Still, it is harder to prove as certain criteria must be met. But how can you prove emotional distress in court in California? The basis of emotional distress damages and seeking them through civil lawsuits depends on the emotional distress a party suffered due to the intentional or negligent actions of another, [...]
In California, there are specific time limits, known as statutes of limitations, within which a person must file a personal injury lawsuit or claim. These statutes vary depending on the type of injury and the circumstances of the case. For most personal injury cases, the statute of limitations is two years from the date of the injury. However, there are exceptions to this rule. To comply with the law and avoid any delays that could hamper your ability to claim damages, it is best to consult an experienced personal injury lawyer as soon as possible. What is the California Statute [...]