General damages, including pain and suffering, loss of consortium, and emotional trauma, arise naturally from a wrongdoing and aren’t quantified monetarily. In contrast, tort law’s special damages, like car repairs or medical bills, are calculable and differ from general damages that lack a fixed cost.
This article discusses the legal intricacies and procedures related to filing a motion to compel arbitration, covering topics such as tolling provisions, consolidation of arbitration proceedings, and appeals. The conversation provided a detailed overview of strategies for both enforcing and avoiding a motion to compel arbitration in various legal contexts.
Commercial property insurance often covers lost rental income when damages prevent leasing, regardless of tenant presence at the time of damage. The scope and applicability of this coverage depend on specific policy terms and legal interpretations.
Secondary assumption of risk is when one willingly and voluntarily puts oneself in a dangerous situation due to someone else’s negligence.
A defendant or witnesses in a civil case may plead the Fifth Amendment right against self-incrimination. The person pleading the fifth must show that there is a real possibility that the information sought can be use against them in a pending or future criminal case.
I have 18 years experience as a personal injury lawyer. My experience includes working as an insurance defense attorney for a large law firm defending insurance claims for Zurich, Allianz, Cigna, AXA, Progressive Insurance, Liberty Mutual, etc., throughout California including Los Angeles, San Diego, and San Jose. My hourly rate is $450 per hour.
This article explores the heightened duty of care owed by schools and coaches to student athletes, focusing on the legal nuances of the primary assumption-of-risk doctrine. It discusses how California law balances protecting students’ safety with encouraging active participation in sports.
In lawsuits against public-sector employers, attorneys must grasp federal and state/local rules, focusing on exhausting administrative remedies before litigation. This includes EEO processes, internal complaints, and appeals to specialized boards.
To handle DUI cases well, attorneys should have fast interactions with the DMV to protect their clients’ rights protecting evidence and courtroom dynamics for strategic negotiation. A successful defense also includes the creation of records to reduce penalties, consistent communication with customers, and readiness for negotiation or proceeding to the trial while demonstrating sympathy and perseverance.
MICRA caps plaintiffs’ personal injury general damages at $350,000 and wrongful death at $500,000. Also, under MICRA, a plaintiff in a malpractice case only has one year from the date they discover their injury was caused by negligence to sue a medical provider.