News & Articles

Proving that the other driver was distracted at the moment of a crash in California is not a simple matter of pointing to a phone. The law sets specific prohibitions, but a citation alone rarely settles a civil case. What actually decides liability is the evidence a party is able to preserve, subpoena, and present. […]

Yes. Under California law, diminished value is a recognized element of property damage and is pursued as a claim separate from any bodily injury claim arising from the same collision. The two claims involve different evidence, different valuation methods, and different releases. Settling one does not automatically settle the other, but signing the wrong release […]

Signing a California personal injury settlement release before you have finished treatment is almost always permanent. Under California Civil Code section 1542, a general release can extinguish not only the claims you know about at signing but also claims you do not yet know or suspect exist, provided the release includes an express waiver of […]

California government agencies are liable for injuries caused by dangerous conditions on public property, but only when a plaintiff satisfies four distinct elements set out in Government Code section 835. Two defenses – design immunity and the trivial defect rule – eliminate the majority of these claims before trial. Getting a dangerous-condition case right requires […]

When you file a personal injury claim in California, you do not hand over your entire medical history. California law protects communications between patients and physicians through the physician-patient privilege established in the California Evidence Code. However, the moment you place your physical condition at the center of a lawsuit, that privilege gives way under […]

If you were injured in Irvine or anywhere in Orange County and a government agency may be responsible, the standard two-year personal injury deadline does not apply. Under the California Government Claims Act, you generally have only six months from the date of your injury to file a written claim with the responsible public entity before […]

No. California law prohibits evidence of a person’s immigration status from being admitted in a civil action for personal injury or wrongful death, and it bars any discovery that probes that status. The rule is codified in Evidence Code section 351.2, which took effect on January 1, 2017. A companion body of law: Civil Code […]

When Medi-Cal or Medicare pays for medical treatment that resulted from someone else’s negligence, California law and federal law give those programs the right to recover their costs from any money you receive in a personal injury settlement, judgment, or award. Neither program simply keeps everything it paid. California Welfare and Institutions Code section 14124.72 […]

So here’s the deal. If you’ve got a personal injury claim going in California, the defense actually has a right to send you to their own doctor for a physical exam. It comes from Chapter 15 of the Civil Discovery Act. People call it a defense medical exam, or a DME for short. And honestly, […]

Legal Snapshot Legal Topic: Personal injury demand packages in California Case Stage: Pre-litigation; insurance negotiation Primary Legal Issue: Documenting and presenting a compensable injury claim to a liability insurer Primary Authority: Cal. Civil Code § 3281 (right to compensatory damages); Cal. Code Civ. Proc. § 335.1 (two-year statute of limitations for personal injury) Jurisdiction: California […]