Blog

Though assault and battery are commonly associated with criminal punishment (public fines and possibly even imprisonment), the victim of assault and battery is also entitled to personally sue their attacker(s) under civil law to recover damages.

Premises liability is a type of personal injury liability in which the plaintiff suffers injury arising from a dangerous condition of property.

In many personal injury cases, the fact pattern begins with an injury that the plaintiff suffered through his or her participation at an event or some other recreational activity – renting a canoe from a riverside shop, attending a team sports event, or purchasing tickets to a night out at the local dancehall, for example – wherein the plaintiff was made to sign a waiver of liability, otherwise known as a release form.

In many personal injury cases involving an employee of a company, the lawsuit need not target only the employee. Though an employee may have caused your injuries, the company itself may be liable under theories of vicarious liability and negligent supervision. In this way, a personal injury lawsuit that initially appears to be of minor significance (supposing that the employee who caused your injury does not have the income or assets necessary to pay for your damages, even if your suit is successful) may actually turn out to be significant if a more sizeable defendant is brought in – here, the employer-company.

The prospect of having one’s mental health issues disclosed can scare off many potential plaintiffs, even those with a legitimate legal claim. Compelled disclosure of mental health information during trial may expose extremely private information to the general public. Further, the compelled disclosure of certain mental health information may hurt the plaintiff’s case.

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 personal injury, there are numerous defenses available to the defendant, with varying impact – some are capable of having the lawsuit dismissed in its entirety, while others will simply reduce the available compensation that the plaintiff is entitled to. Whether you’re a personal injury plaintiff concerned about the strength of your claim, or a defendant concerned about your potential liability, it’s good practice to understand the defenses that can be asserted both for and against you.

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.

In personal injury actions – and in most civil suits, generally – the plaintiff suing is entitled to monetary damages. Monetary damages are intended to compensate the plaintiff for their injuries, and, to the degree possible, return the plaintiff to the economic position they enjoyed prior to the occurrence of the injury. Sometimes, however, damage awards are meant for more than simple compensation. In some situations, the courts may seek to make an example of particularly problematic conduct by the defendant, and may award significant punitive damages (intended primarily to punish the defendant, rather than to compensate the plaintiff).

In California, for a personal injury claim to succeed, the plaintiff must prove that the defendant(s) directly and proximately caused the injuries-at-issue.