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Wrongful Death Actions in California

In California, as in most other states, surviving family members of the deceased may bring a wrongful death claim against those persons or entities that were responsible for the death.
Wrongful death actions in California are often combined with survival actions, as they are deeply interlinked. A survival action is the suit that the deceased person would have brought had he or she “survived” the incident-at-issue – instead, the cause of action is preserved and is passed on to the deceased person’s successor in interest (closest surviving family member, spouse, etc.).

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Uninsured and Underinsured Motorists

In California, the law requires that all drivers purchase a minimum of $15,000 in liability insurance. There are millions of drivers in the state who choose to purchase only the bare minimum policy. As such, if you are the victim of a motor vehicle accident, there’s a reasonably high likelihood that you will not be able to recover more than $15,000 (or some other minimal policy ceiling) from the at-fault driver as compensation for your injuries.

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The Plaintiff's Duty to Mitigate Damages

n California, defendants can assert a partial defense – that, if successful, will reduce their damages liability but not necessarily absolve them of it in its entirety – known as the failure to mitigate damages.
So, what is a failure to mitigate damages in the personal injury context?

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Steps to Take After an Injury

After you’ve been injured – whether in an automobile accident, slip-and-fall, or any other incident – there are several steps that you can take to help ensure that your legal claim is preserved to its fullest extent. In the wake of an injury, many plaintiffs are confused, frightened, and anxious. As such, it can be difficult for plaintiffs to figure out what to do, and perhaps most importantly, what not to do.

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Pure Comparative Negligence in California – When the Victim is Blameworthy, Too

Not every personal injury lawsuit involves a faultless plaintiff-victim. Plaintiffs often contribute to their own injury-causing events, to varying degrees.
If a plaintiff is found to be partially at-fault, however, it does not signal the end of their case. Plaintiffs in California who are found to be partially at-fault may still recover on their legitimate claims, though the damages may be reduced accordingly.

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Punitive Damages in California Personal Injury Lawsuits

In the state of California, personal injury plaintiffs may be compensated for a variety of damages suffered, including but not limited to pain and suffering, past and future medical expenses, the increased cost of living associated with a disability, funeral expenses, loss of consortium, property loss, and wage loss. Though some of these damage awards are meant to compensate for monetary losses, and some are meant to compensate for non-monetary losses, they are all compensatory in nature

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Product Liability Basics

In California, product liability law has developed over time to protect consumers from defective products that enter the distribution pipeline at the manufacturer, distributor, or retailer level. A defective product that causes an injury opens up the manufacturer or seller to potential liability, allowing the injured party to recover damages.

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Premises Liability Basics in California

Premises liability is a type of personal injury liability in which the plaintiff suffers injury arising from a dangerous condition of property. Premises liability requires that the owner-operator negligently created the dangerous condition of property, however. The fact that a person is injured by a dangerous condition of property does not itself legitimize a premises liability claim – the plaintiff must prove that the owner-operator of the property was negligent in some way,

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Personal Injury Claims and Worker's Compensation

In the state of California, employers are required by law to maintain workers’ compensation insurance for their employees, and ultimately, to provide medical treatment and pay workers’ compensation benefits to employees who are injured on-the-job. In theory, workers’ compensation is a system designed to minimize conflict between employers and their employees by providing an avenue for damages recovery that will not necessarily hurt the workplace relationship (under California law,

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Negligent Infliction of Emotional Distress Claims in California

In California, the negligent infliction of emotional distress (NIED) cause of action allows plaintiffs who have suffered emotional damages as a result of the defendant’s negligent conduct to recover.
Importantly, the NIED cause of action is available not only to plaintiffs who were directly victimized by the defendant’s negligence, but is also available to third party bystanders – those who were not directly, physically harmed by the defendant’s conduct.

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