Once we get past our early playground years, most of us will never throw a punch or dodge a kick in a fight in our lives. However, sometimes things get out of hand, and you may find yourself in a self-defense situation where you have to participate in a physical fight to maintain your (relative) safety. Injuries incurred in self-defense can be serious and may need medical attention. In a case of simple assault and battery, you can file an intentional tort lawsuit against your attacker for compensation for medical bills, lost wages, physical and emotional trauma, pain and suffering, etc. But can you do the same if you were involved in a fight?

Determining Culpability
To build a personal injury case against your attacker, you must first prove that they are culpable for the altercation. To do this, you must show that they were solely responsible for starting the fight. You must also show that they struck you first without any legal cause before you defended yourself.

In other words, if you were intimidating or assaulting an innocent third party at the time that the other person threw the first punch at you, then they had legal cause to strike you. In that case, they were defending the third party, and you won’t have a case. On the other hand, if you were the person defending a third party and you were injured in a fight, you could be due compensation afterward.

If you decide to pursue a personal injury case against your attacker, be aware that they will most likely attempt to disprove your case by bringing up at least one of the following defenses:

• Consent – They may attempt to show that you consented to fighting them and that you were aware or should have been aware that they might strike first and/or injure you.
• Defense of property – They may bring evidence showing that they struck you to prevent you from damaging, destroying, or taking their property.
• Contributory negligence – They may try to show that you did not act in a way to end the fight or preserve your safety. This defense could include drunkenness on your part, inappropriate confrontation, and/or unreasonable provocation.

In addition to these three defenses, your attacker may also attempt to use a self-defense or defense of a third party argument, as we discussed earlier. If you can eliminate these defenses, then you have a good case for a personal injury suit.

Determining Liability
After you’ve proved that your attacker is culpable for the fight, it is then determined that they are also liable for damages you sustained during the fight. At this point you will have to bring evidence of injuries, medical bills, lost wages, damage to property, and any other trauma or damages caused by the fight. This will determine how much you are owed in compensation.

What to Do If You’re in a Fight
If you are unfortunate enough to be in a fight that is not your fault and that you did not consent to, you should know what to do afterward to improve your case. First, call the police. When they arrive, you’ll be able to explain the situation and get a police report.

Then, once you know a police report has been filed on the incident, talk with any witnesses in the area, especially those who have no affiliation with you. Gather their contact information to give to your attorney. Then you’ll want to get as much picture and video evidence together as you can. All of this will help you when you call your attorney, which is, of course, your next step in getting compensation.

If you’ve been in a fight and you believe that you’re owed compensation for your injuries, call a personal injury attorney today to discuss your case.

If you’ve been injured in an accident or traumatic incident through no fault of your own, you may have a case against the responsible party or parties. Under tort law, to receive payment for pain and suffering, medical bills, and other damages, though, you will need to prove negligence on their part.

Knowing this, after the incident you sought legal counsel. Your attorney seemed to understand the case and to have a good plan of action moving forward. After signing your retainer, though, you’ve found that you’re not at all happy with your lawyer’s performance. You know that you signed a retainer agreement with your attorney and that you are now bound to them, but if things continue as they are going right now, that agreement could cost you a great deal of money in your settlement. What can you do? Can you fire your lawyer and seek other legal counsel after you’ve signed your retainer?

You Are Not Prohibited From Changing Lawyers
Yes, you can change lawyers after you’ve signed a retainer. Typically speaking, attorneys’ engagement letters do not prohibit clients from ending the relationship with the attorney and moving to a different attorney and/or a different firm.

In most personal injury cases, you will not pay your retainer in advance, but you will rather deduct a percentage of your settlement to pay your attorney once the case is completed. This means, if you want to change attorneys at any time, you will simply need to send a Stop Work letter to your old attorney and have them sign a “Consent to Change Attorney” form.

Be aware, however, that your old attorney may place a lien on your case if they have already performed significant work and put time and effort into it. This will mean, once your case is settled, that you will owe your old attorney for the work they performed before you terminated your retainer agreement with them.

In general, retainer agreements will stipulate what, if anything, you will owe your attorney should you terminate your working relationship with them. If you are changing attorneys because you believe your case can be better handled by someone else, it is often worthwhile to agree to the lien and move forward. If you are simply changing lawyers because you think you’ve found a better deal with someone who will charge you less, you may want to rethink it.

Considerations Before You Sign Any Retainer Agreement
With all of this in mind, be aware that – unless you terminate your retainer within the first days of working with your attorney – you will most likely owe some compensation for their work. Before you agree to sign a retainer, you may want to do some research and follow up with your attorney’s references. Check their reviews online, and ask friends and colleagues if they have any experience with this particular lawyer or with one that they would recommend.

Finally, be sure to read your retainer agreement thoroughly. If any detail is unclear or makes you uncomfortable, make sure that you have a full understanding of it before you sign. If you have questions about your case and whether or not you should change lawyers, call a reputable personal injury attorney in Los Angeles today. You’ll be able to discuss your rights, how terminating your retainer agreement will affect your case, and what you can do to get the most compensation possible. These consultations are often free and can help you make the right decision for your case and your future.

In 1992, news media across the United States exploded over a now-infamous personal injury case in which a woman (Stella Liebeck) was awarded just short of $3 million in damages when she spilled a cup of scalding hot coffee in her lap. This case has become synonymous with America’s over-litigious society and a supposed lack of common sense. However, when you take a closer look at Liebeck’s case, you may be surprised to find out that this was not a greedy woman attempting to get rich off of a small injury.

In fact, upon examining the details of this case, you might come away with an entirely different point of view. This is not a case of greed; it’s a case of a large corporation refusing to address an elderly woman’s reasonable request for compensation for medical costs. In this case summary, you’ll see what actually happened, how Liebeck sought reasonable compensation, and how, by refusing to pay that compensation, McDonald’s set themselves up for a much larger suit.

The car was parked so that Ms. Liebeck could put cream in her coffee. With the cup between her knees, she attempted to remove the lid and accidentally spilled the entire contents of the cup in her lap. Her sweatpants immediately absorbed all of the coffee, holding the hot liquid against her skin and resulting in scalds over her thighs, buttocks, and groin.

At the hospital, doctors found that she had suffered third degree burns, and Ms. Liebeck underwent skin grafts and lost over twenty pounds during her eight-day stay at the hospital. Her full medical costs were expected to reach at least $18,000.

Under tort law, Ms. Liebeck attempted to pursue compensation for her medical bills in the form of a $20,000 settlement with McDonald’s. You can see, at this point, that Ms. Liebeck was only asking for a small percentage more than her actual and expected medical costs. Instead of agreeing to pay this relatively small figure, though, McDonald’s offered to settle at just $800.  

At this point, Ms. Liebeck retained a personal injury attorney who filed a gross negligence suit against McDonald’s. However, at this point Ms. Liebeck and her attorney were still not asking for seven figures. Rather, her attorney offered to settle at $90,000. McDonald’s refused, and the case proceeded to trial.

It should also be noted that, just prior to trial, Ms. Liebeck’s attorney offered to settle once more for $300,000, but McDonald’s refused this, as well. You can see that McDonald’s had no fewer than three chances to settle at much lower costs than what was eventually awarded to Ms. Liebeck.

When the case went to court, the jury determined that Ms. Liebeck was 20% liable for the incident due to the warning label on the cup of coffee and that McDonald’s held the other 80% of liability for the incident. In the end, for compensatory damages, Ms. Liebeck was awarded $160,000 plus an additional $2.7 million in punitive damages, a number that was reached based on two days’ worth of McDonald’s revenue from coffee sales. However, Ms. Liebeck did not actually receive millions of dollars in damages, as the judge reduced those damages to $480,000. All told, Ms. Liebeck did not receive millions but rather settled after trial on an undisclosed amount that was reported as less than $600,000.

If you believe that you have a personal injury case against a large or small corporation, do not hesitate to talk to the Los Angeles product liability attorneys. Ms. Liebeck is not a millionaire from her ordeal with McDonald’s, but she did eventually get compensation for her injuries.

As you no doubt already know, the Supreme Court recently granted marriage equality to all couples across the United States, regardless of sex. Many have brought up the implications for certain churches (the Episcopal Church, for example, has decided to allow gay marriage rites) and government bodies (certain officials in Louisiana and Mississippi are attempting to hold out against the decision).

Others have brought up the benefits that same-sex married couples may now reap across the country, including health insurance benefits, hospital visitations, and tax benefits. Few people, however, have discussed the implications and benefits for these couples in personal injury law cases.

Wrongful Death Tort Cases

To fully understand how this decision can help same-sex couples, we must first discuss tort law and wrongful death cases. Basically, tort laws are in place to protect people and help them gain compensation when they (or their loved ones) are the victim of unreasonable actions on the part of someone else. For example, if you’re injured on the job through no fault of your own and you can prove negligence on the part of your employer, you can bring a tort case against them to sue for damages.

Likewise, if someone you love is the victim in a wrongful death tort case, then you may be able to bring a case against the responsible party or parties. However, there are some limitations on who may sue in a tort case. And this is where the Supreme Court’s decision comes into play.

Before this decision, if one person in a same-sex couple were to be wrongfully killed, their partner would not be allowed to sue for damages because they were unmarried. Thus, no matter how long the couple had been together or how committed they were to each other, in the case of wrongful death, the surviving partner would not be entitled to any damages for pain and suffering, loss of support and services, and/or loss of companionship and protection.

Even in cases in which the couple had been married in a state where gay marriage was legal, if an accident or wrongdoing occurred in a state where their marriage was not recognized, they would be left with no compensation and no recourse.

For example, let’s say that a couple was married in California but lived in Florida, and one of them was killed on the job in their home state. In Florida, only the decedent’s “survivor” may sue for damages, and “survivor” is very clearly defined in this case as being the legal spouse. Because – until just recently – gay marriage was not recognized in Florida, the surviving member of the couple would not have been able to sue because their marriage would not have been recognized by the courts in Florida.

Supreme Court Decision Give Couples Hope for Compensation

Now that same-sex couples are legally allowed to get married in all 50 states – and now that all 50 states must recognize those marriages – these couples no longer have to fear what might happen in the case of a serious accident or wrongful death case. While no one wants to think of their husband or wife being killed on the job or in an accident elsewhere, it is at least comforting to know that you will have some recourse if the worst does happen.

Whether you are affected by the Supreme Court’s decision to guarantee marriage equality or not, you should know your rights if your partner, spouse, or another loved one is injured or killed through no fault of their own. Call a qualified personal injury attorney in Los Angeles today to discuss your options.

Whether you know it or not, according to California law, a bicycle is a legal vehicle and should be ridden on the road with the flow of traffic. According to the California Vehicle Code, people operating bicycles on the road have all of the same rights and responsibilities as motorists. That means that they are not legally allowed to ride on the sidewalk, ride against traffic, or run stop signs and traffic lights.

Though California is one of the more progressive states in the country and has access to bike paths and bike lanes in most urban and suburban areas, there was a call earlier this year for legislation to be passed to make it mandatory for all adults riding bicycles to wear helmets.

While it’s a good idea for anyone to wear a helmet while riding a bicycle, it is not mandatory in the state of California if you are over the age of 18. By law, all minors must wear helmets when cycling, but once you reach adulthood in the eyes of the state, you are then allowed to make your own decision. In February of this year, though, Senator Carol Liu wanted to change that, stating, according to the Huffington Post, that, “Any responsible bicycle rider should wear a helmet… This law will protect more people and make sure all riders benefit from the head protection that a helmet provides.”

Because nearly any accident involving a bicycle and a car is likely to cause injury to the cyclist, you might at first think that cyclists would accept this kind of legislation with open arms. You would especially expect this because it is impossible for cyclists and cars not to share the road in some areas in California. However, many cyclists are actually claiming that a helmet law would make bicycling in California more dangerous.

How is that possible? Basically, the argument states that motorists tend to get in more accidents when something unexpected happens. To better explain this, let’s take a somewhat ridiculous example. You wouldn’t expect to see a cow standing in the middle of the street in San Francisco, right? So you as you drove along, you wouldn’t slow down in anticipation of a cow. If one happened to be standing in the street as you came around a corner, you would be more likely to hit it than you would be to hit a pedestrian in a crosswalk, another car overtaking you in a passing lane, or any number of other factors that you encounter every day.

The cyclists’ argument is simple. If a helmet law is enacted, then fewer people will want to ride their bicycles to work, school, or to run errands. Having fewer cyclists on the roads will lead to less driver awareness of cyclists. When drivers stop looking for cyclists sharing the road with them, more accidents occur. While the cyclists on the road would be more likely to have protection when hit by a car, the likelihood of getting in an accident would be increased. Therefore, the overall safety of cycling in California could actually decrease.

From a legal perspective, this legislation – which has not yet passed – is interesting. From a cyclists’ perspective it may actually be terrifying. If you use a bicycle to commute to work or school, you should know your rights and how to behave consistently with California bicycle laws. You should also keep the contact information for the Los Angeles bicycle attorney with you whenever you hit the road. With or without a helmet law, if you’re in an accident, a personal injury attorney can give you the representation you need.

Whether you’ve been injured on the job or in an auto accident, or in other circumstances in which you had no fault, you are most likely due compensation. In an auto accident, the at-fault driver’s insurance company should cover costs of damage to your vehicle, medical bills, and pain and suffering, as well. Likewise, if you’re injured at work and you can prove negligence, your employer’s insurance company should cover your costs, too.

However, though they are obligated to compensate you for trauma, injuries, and property damage, insurance companies will often try to low-ball you with their settlement offers. Even if a settlement offer seems fair, remember that it is in the insurance company’s best interest to pay you as little money as possible. As a result, it is generally in your best interest to discuss your claim and the insurance company’s offer with an attorney before you accept it.

The First Offer is Always Low
To understand how an attorney can help you get a fair settlement, you should first understand how insurance adjusters determine their offers. They will first get your story of what happened in the accident or incident. Then, they will investigate the at-fault party and obtain all documentation associated with the claim (including medical bills, damage to property, lost wages, etc.). They will make their first offer based on these factors and the amount of money they’re authorized to award (based on the other party’s insurance policy).

Be aware that no insurance adjuster is going start negotiations at the middle or top of their spending range. They will open with the lowest offer possible, which will usually do little or nothing to cover pain and suffering and may not even cover all of your medical bills or lost wages. However, countering their offer can be intimidating without professional assistance, which is where your personal injury attorney comes in.

Make an Appointment With a Qualified Attorney
Most reputable personal injury attorneys offer free consultations for cases like these. Schedule an appointment with your attorney and bring all of the relevant documents you have to your case with you. These will include medical bills, an estimate of damage to your vehicle (or any other property damage), documentation of lost wages, and anything else that you think might be relevant.

A qualified personal injury attorney will be able to use these documents to set a reasonable value on compensation for injuries, lost wages, and/or property damage. By talking with you, they can then set a value for pain and suffering. The two of you can then compare this value with the insurance company’s offer and determine whether or not it is fair.

Negotiations With the Insurance Company
In most cases, the settlement offer will not be acceptable, and you should negotiate for more compensation. At this point, keep in mind that insurance companies keep fleets of attorneys on retainer and that they make it their business to pay out as little as possible in personal injury cases of any kind.

Attempting to negotiate a good settlement on your own can be incredibly frustrating, as the insurance company will drag its feet and work as hard as possible to pay you as little as it possibly can. Personal injury attorneys spend their careers fighting for people like you to gain compensation from insurance companies. In most cases, you will gain more with an attorney in your corner – even after their fees are deducted – than you would attempting to negotiate without assistance.

If you have been injured in an accident or incident through no fault of your own, and you are owed compensation through another party’s insurance company, call an attorney today to discuss your claim.

Every state in the U.S. has its own laws that pertain to motorcycles and riders. California is no exception. However, California has very specific laws in place governing riders, their actions, and what they can and cannot do. Understanding these laws is the first step toward being a good rider.

A Look at How California Stacks Up Against Other States
Most of California’s motorcycle laws are similar to those of other states. For instance, you’re required to have a headlight on during daytime use (not for off-road riding). However, you’re not required to have eye protection on while riding. Unlike Florida and a few other states, you’re also required to wear a helmet at all times. If you’ve got a wired helmet, you’re limited to just one speaker inside.

In California, this is legal (unlike some other states). However, there’s a lot of controversy here, and the California Highway Patrol removed all mention of safety guidelines to it from their website and literature in 2014, which is seen by some as a prelude to outlawing the practice (it remains legal as of this writing, though).

You’ll find that California has a lot to say about the handlebar height on a motorcycle as well. If you’re thinking about installing “ape hangers” on your bike, you might want to think again, depending on the height in question. According to California law, “a person shall not drive a two-wheel motorcycle that is equipped with handlebars so positioned that the hands of the driver, when upon the grips, are more than six inches above his or her shoulder height when sitting astride the seat”.

California has a significant number of laws regarding motorcycles and trailers. For instance, if you’re pulling a trailer, you’re not allowed to exceed 55 mph and you must remain in the right lane. The only exception to that is if you’re on an interstate or another four-lane highway, where you’re limited to the two right lanes. Finally, motorcycles pulling trailers are not allowed in carpool lanes at all.

Finally, California motorcycle laws also focus on passenger safety. If you’re carrying a passenger on your bike, you must have both a passenger seat and passenger foot pegs.
By understanding these laws and regulations, you not only ensure compliance with California law, but make yourself a safer rider at the same time.

If you were in a car or motorcycle accident in Los Angeles or Southern California, please contact JustInjury Accident Lawyers @ (877) 687-1752 for an immediate free case analysis.

What should you do after a car accident? Here are the basics:

1. Stay There - Don’t leave the scene of an accident. This is a crime, and you could face charges for doing so. If you’re on the interstate, move the vehicles out of travel lanes and onto the right shoulder.
2. Check On All Parties - First and foremost, check on all parties to determine the extent of injuries, if any. Assess yourself, and then any passengers in your vehicle. If you’re able, assess the other parties involved in the accident.
3. Call the Police - State Farm recommends that the very next step should be calling 911. Inform the dispatcher of what happened, where you’re located and whether or not there were any injuries. The dispatcher will send police and paramedics to the scene, as well as any other emergency services if necessary.
4. Tell Your Story - When the police arrive, you’ll need to give them a statement about what happened. It’s important that you tell them everything that happened, as it happened, without coloring your statements. Keep your information as factual as possible, whether you were at fault or not. Write down everything you can remember about the accident as soon as possible, (on the scene works best).
5. Exchange Insurance Information - You’ll need to get a good bit of information from the other driver, including their name, their address, license plate number, and insurance information (including a contact number and their policy number). They will need to get the same information from you. If the driver’s name is different from that on the insurance card, write down the information (their name, their relationship to the insured, etc.).
6. Look for a Lawyer - Okay, chances are good that if it was a fender-bender you probably don't need a lawyer. However, if you or a family member was injured you should contact our car accident attorneys in Los Angeles to learn about your rights. While your insurance company will get to work immediately, it’s important that you have a legal expert on your side from the get-go.

While you’re speaking with other people involved, remain cordial. Do not attempt to lay blame, make apologies or admit guilt. Focus on gathering the information necessary only.

Being involved in even a minor traffic accident can be stressful. Remembering what not to do is as important as what you should do. However, if you're ever in the unfortunate circumstances of a car wreck, remember the following tips:

• Don’t sign anything, unless it’s for the police or your insurance company.
• Don't lose your cool - Emotions tend to run high after an accident, it's easy to lose your temper especially if the other driver was at fault... it helps no one.
  
• Don't offer to pay for damage. Let the insurance companies figure this out, offering to pay for damages, (or apologizing), is like admitting fault.
  

With these tips, you should be better prepared if you’re ever involved in an auto accident.

Concussion can occur in a wide range of situations, many of which are seemingly minor, but this traumatic brain injury can be very dangerous. A concussion could stem from a sports injury, an auto accident, a fall or it could be from a violent act, such as domestic abuse or child abuse. However, understanding the signs and symptoms of concussion will help you protect yourself and your loved ones.

Common Causes
Concussions are caused by a wide range of things, from car accidents to shaken baby syndrome. Violent blows to the head and neck can cause the brain to slide back and forth within your skull, and sudden acceleration or deceleration (car accident, violent shaking, etc.) can cause injuries to your brain. These can lead to bleeding within the brain, which can be life threatening if left untreated.
Symptoms of Concussion
Depending on the severity of the concussion, there is a wide range of symptoms that might present. You’ll need to watch for the following:

• A feeling of pressure within the skull
• Temporary loss of consciousness
• Tiredness
• Daze
• Vomiting
• Slurred speech
• Sleepiness/drowsiness
• Ringing in the ears

In addition to these immediate symptoms, there are others that may be delayed by several hours, or even days after the initial injury. These include:

• Strange/abnormal tastes and smells
• Sleep disturbance
• Memory loss
• Irritability
• Depression

If you or someone you love may have a concussion, it’s important to seek medical help immediately. While most are minor injuries, there is always the potential for serious damage to occur, as with any other type of traumatic brain injury. Doctors can employ a wide range of tests to determine whether or not a patient has sustained a concussion, including neuropsychological tests, CT scans, MRIs and more.
Treatment for a concussion will depend on the severity of the injury. Many patients are sent home with pain medication to rest, but others may have to spend time in the hospital. Only a doctor can determine which treatment option is best for a specific patient.

If you believe that you or a family member has suffered a brain injury in the Los Angeles area due to the negligence or or misconduct of another person, you should call our injury lawyers in Los Angeles who can help identify your options and recommend a course of action.

When you have been injured in an accident and are bringing a civil claim against a person or company there are generally two types of damages you may be entitled to receive: "Compensatory" and "Punitive".

Compensatory Damages are designed to compensate the plaintiff, (injured party), of a lawsuit for what was lost due to the injury or accident. A compensatory amount is designed to make the plaintiff "whole" again based on the consequences of the accident. Sometimes these damages are easy to calculate: property damage, medical bills, loss of income, emotional distress, Etc. However, the more difficult to prove can be loss due to pain & suffering, or lack of ability to participate in hobbies caused by the injuries of the accident (loss of enjoyment). These are the types of damages that have potential to deliver a higher settlement or verdict because the damage to the "enjoyment of life" has the potential to be higher.

For example, if a person is injured in an auto accident and loses a leg as a result, they would be eligible for "loss of enjoyment" damages. That award may be much higher if the individual raced cars, was an avid cyclist or enjoyed an activity that inherently required the use of his or her legs.

Punitive Damages are awarded when the defendant is being "punished" for their actions, or lack thereof. Punitive damages can be awarded in addition to compensatory damages in order to make an example of, or punish the defendant for careless, negligent or intentional damages which were caused by the injury. Punitive damages help to deter actions from companies and make an example of egregious behavior by hurting the defendant's check book. 

For example, in 2013 a Los Angeles jury awarded an individual plaintiff $28 BILLION dollars in punitive damages against tobacco maker Philip Morris, which was over 30,000 times the amount of her $850,000 compensatory award. (case summary here).

If you or a family member has been injured and you're looking for a Los Angeles accident attorney, please contact us today or have Strassburg, Gilmore & Wei help you determine the value of your personal injury case.