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Medical malpractice is a legal cause of action when committed. Medical malpractice refers to the negligence by a doctor a healthcare provider wherein they fail to meet the degree and standard of care required in their practice thus resulting to an injury, harm, or wrongful death of a person.

Legally, you can sue a doctor, nurse, anesthesiologist, chiropractor, clinic, hospital, laboratory, physical therapist, pharmacist, and other health-allied professionals licensed by the California state to practice in the medical field.

When you have been injured due to medical practice. You can sue the healthcare provider for damages which includes medical bills, physical therapy costs, home care treatment, lost wages, lowered earning capacity, pain and suffering, and other non-economic damages. The law does not provide limitations when it comes to compensatory damages in California. Compensatory damages are awarded to repay your expenses like medical bills, home care treatment, or physical therapy costs. On the other hand, when it comes to non-economic damage such as pain and suffering, the law is a bit different. California law limits the award for non-economic losses to $250,000. You cannot get more than that amount for non-economic damages.

The statute of limitations for medical malpractice is one year after you discovered the injury (or should have discovered the injury with reasonable negligence) or three years from the date of malpractice or injury, whichever occurs first. The overall limit of three years may be interrupted if the injured party is a minor, the malpractice left a foreign body inside your body, or the healthcare provider conducted a form of misconduct. Under California Code of Civil Procedure section 364 CCP, an injured party cannot file a medical malpractice action unless he or she gives the healthcare provider at least 90 days prior notice. If you missed the statute of limitation for medical practice, your case will be dismissed.

Medical malpractice is very complex and controversial, requiring a thorough investigation once it has happened. During demonstrations in court for medical practice cases, a medical doctor or healthcare provider can be presented to obtain an expert witness opinion in understanding the medical standards and procedures while legal principles are in the hand of the attorneys.

California car accidents can cause you serious injuries. If you get injured in a car accident, you can be entitled to monetary compensation. In a car accident, the person you can sue would be the driver and the injured person can be anyone.

The plaintiff must prove the elements and establish the liability of the responsible party to be compensated. On the other hand, the driver can use as a defense that he has exercised the degree of care required to avoid the accident. The driver is expected to exercise a standard of care required by law for personal injury. Otherwise, he can be held liable. So, what do you need to consider concerning car accidents? Here are some of the things you should know about car accidents.

• National Highway Traffic Safety Administration (NHTSA) states that California has one of the highest accident rates in the country. California has an annual average of more than 250,000 car accidents. Of these accidents, more than 3,700 result in death.
• California follows a comparative fault system. The system provides that even if you are partially at fault for the accident, you may still be eligible to recover damages.
  The statute of limitations for personal injury claims arising from car accidents in California is generally two years from the date of the accident.
• California law mandates that drivers carry minimum liability insurance coverage. If you are injured in a car accident, you will typically first pursue a claim with the at-fault driver's insurance company. In California, the party responsible for the accident is generally liable for damages.
• You may be eligible to seek compensation for economic and non-economic damages, including medical expenses, lost wages, pain and suffering, property damage, and other related losses.
  Collect evidence to support your claim.
• An injured party may represent himself or herself in court if he decides to file a lawsuit. But you may consider a consultation with an attorney who is well-versed in court procedures and the legalities of personal injury.

The primary responsibility for dog bites in public is the dog owner. Dog bites can result in personal injury if you have been bitten or attacked by a dog due to the owner's negligence or the dog's aggressive behavior. In such a case you can be compensated by the owner responsible. Here are some key points to consider regarding dog bite cases:

California follows a strict liability statute for dog bites. The statute provides that dog owners are liable for damages resulting from a bite regardless of whether the dog has a history of aggression, or if the owner knew about the dog's dangerous propensities.

1. It is important to seek medical attention immediately, even if the bite seems minor. Dog bites can lead to serious infections and complications.
2. It is important to keep all your medical records, receipts, and other documents that may be produced from medical treatment and consultation.
3. Obtain the owner's contact information and the dog's vaccination records. Take photographs of your injuries and any visible signs of negligence, such as broken fences or lack of proper containment. If there were any witnesses to the incident, try to obtain their contact information as well.
4. Report the dog bite incident to the appropriate authorities, such as local animal control or law enforcement agencies.
5. The statute of limitations for personal injury claims arising from dog bites in California is generally two years from the date of the accident.
6. An injured party may represent himself or herself in court if he decides to file a lawsuit. But you may consider a consultation with an attorney who is well-versed in court procedures and the legalities of personal injury.

Slip and fall accidents occur when a person slips, trips, or falls on someone else's property and the property owner failed to properly use or maintain the premises. Here are some important points to consider regarding slip and fall cases:

1. Property owners and occupiers have a legal duty to maintain their premises in a reasonably safe condition and to warn visitors of any known hazards. This duty applies to both residential and commercial properties.
2. It is crucial to demonstrate that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to address it.
3. You need to prove that the property owner or occupier was negligent. This involves demonstrating that they had a duty of care, breached that duty by failing to address the hazardous condition, and that the breach directly caused your injuries.
4. California follows a comparative fault system. The system provides that even if you are partially at fault for the accident, you may still be eligible to recover damages.
5. After a slip and fall accident, it is important to seek medical attention promptly, even if your injuries initially seem minor. Some injuries may have delayed symptoms. Documenting your injuries and obtaining medical records will strengthen your case by linking the injuries to the accident.
6. Collect evidence to support your claim.
7. The statute of limitations for personal injury claims arising from an accident in California is generally two years from the date of the accident.
8. An injured party may represent himself or herself in court if he decides to file a lawsuit. But you may consider a consultation with an attorney who is well-versed in court procedures and the legalities of personal injury.

Worker's compensation is a type of insurance policy that indemnifies employees from injury arising from workplace injuries. Only workplace injuries that arise from a normal course of business are compensable. Here are some of the key points to consider when it comes to workers' compensation:

1. California law requires most of the employers to provide workers' compensation coverage for their employees. The rules and regulations governing workers' compensation differ by jurisdiction and some employers may be exempt from providing workers' compensation depending on jurisdiction.
2. Workers' compensation can cover accidents that occur on the job, such as slips and falls, as well as occupational illnesses that develop over time due to workplace conditions, such as repetitive strain injuries or exposure to harmful substances.
3. Workers' compensation benefits may include medical expenses, wage replacement, disability benefits, vocational rehabilitation, and death benefits.
4. It is important to report the incident to your employer as soon as possible and follow the prescribed procedures for filing a workers' compensation claim for the onset of the accident arising from work. Provide documentation of the accident and report it immediately within the timeframe so you can be compensated.
5. In case of dispute, there are typically administrative procedures and appeals processes available to resolve the disputes. It may be beneficial to consult with an experienced workers' compensation attorney to guide and advise you concerning these processes and defend your rights.

Some products and work environments can be toxic. When you get exposed to toxic products or work environment, you can be compensated. This legal claim for an injury caused by exposure to a dangerous substance called "toxic tort". This article provides important information on receiving compensation after being exposed to a toxic substance.

1. It often takes years before a person realize that he or she was exposed and injured from a dangerous substance.
2. Common causes of tort injuries include exposure at work, exposure at pharmaceutical drugs, exposure in the home, and exposure through consumer products.
3. You can sue the manufacturers and distributors of chemical, manufacturers and distributors of machines or devices that exposed workers to chemical, owners of places where the plaintiff was exposed to toxic substance, companies that stored chemicals, and manufacturers of equipment that failed to keep the plaintiff safe from chemicals.
4. In a toxic tort case, you can recover from economic and non-economic damages.
5. This personal injury case varies from other personal injury cases when it comes to your witnesses that can be presented in the trial. The defendant may present scientific and medical experts who will testify to the toxins that caused the plaintiff's injury or harm or they can also testify to trace the exposure whether the plaintiff got his or her illness from the toxic exposure or is it just hereditary.
6. The statute of limitations for personal injury claims arising from toxic exposure in California is generally two years from the date of the accident.

Pedestrians are people on foot, skateboards, or roller skates, or a person with a disability on a wheelchair, tricycle, or quadricycle for transportation. Pedestrian accidents mostly happen in urban areas at night. Such accidents cause back injuries, head injuries, or broken bones. Such injuries require surgery or physical therapy before one can get back to work or daily routine. Here are some things to consider when involved to pedestrian accidents:

• In California, the driver is almost always considered at fault if a pedestrian is hit by a car, subject to certain exceptions. If a pedestrian crosses the street outside a crosswalk or against a red light, the driver may not be held liable if they hit the pedestrian. The driver may also not be held responsible if a pedestrian is intoxicated and walks into traffic.
• There are some common factors contributing to driver's negligence such as fatigue, distractions, alcohol influence, weather, road conditions, over speeding, and aggressive driving.
• In pedestrian accident, the following elements shall be proved:
  • That the driver owed the pedestrian involved a duty of care.
  • That the driver breached the duty of care because of negligence; and
  • That negligence resulted in the pedestrian's injury.
• Collect evidence to support your claim.
• The statute of limitations for personal injury claims arising from pedestrian accidents in California is generally two years from the date of the accident.
• An injured party may represent himself or herself in court if he decides to file a lawsuit. But you may consider a consultation with an attorney who is well-versed in court procedures and the legalities of personal injury.

Burn injuries may cause serious injuries that may affect your life and regular work. Many burn injuries are painful and require treatment depending on the degree of burn. You may hold the party responsible for that injury and may recover economic and non-economic damages. Here are some important things to consider in burn injuries:

1. The common causes of burn injuries are wildfires, building fires, hot liquid spills, motorcycle or vehicle collusion, electrical work, and chemical or substance exposure.
2. Burn injuries covering 90% of the body can actually survive. It is important to seek medical attention right away after acquiring the burn injuries.
3. Burns are generally divided into three categories: first degree burn, second degree burn, and third degree burn. The most serious burn injury is third degree burns. It damages the deepest layers of the skin.
4. On the other hand, there are also types of burns. The types of burns include thermal burns, radiation burns, chemical burns, and electrical burns.
5. Burn injuries can lead to other types of illness or medical complications such as infection caused by bacteria, fluid loss caused by dehydration, and severe pain.
6. The statute of limitations for personal injury claims arising from burn injury in California is generally two years from the date of the accident.

Defamation includes written and oral or spoken. Written defamation refers to libel while spoken defamation refers to slander. These cases can both be pursued in personal injury cases in California. Here are some important things to consider when it comes to defamation:

1. Defamation arises when there is a malicious or false imputation against an individual or entity made known to third persons which causes harm or injury to the credit or honor of the person or entity.
2. The elements of defamation shall be proved in litigation to establish the liability of the offender which are as follows: there must be a false statement made against a plaintiff, the false statement was published or made known to a third party, such false statement caused harm or injury to the plaintiff's honor or reputation, and the defendant made the false statement through negligence or with malice.
3. There are two types of defamation which are per se and per quod. In per se cases, the statements are considered harmful while in per quod cases, the plaintiff is in the position to prove special damages by demonstrating the specific harm caused by the false statement.
4. Generally, the statute of limitations for defamation cases is one year.
5. The plaintiff may recover compensatory damages and in malicious defamation, punitive damages may also be awarded to the defendant.

Assault and intentional harm can be a basis for filing a personal injury case. Like in other jurisdictions, intentional acts certainly cause harm to another person which can result to personal injury claims. Here are some important things to consider:

1. The elements of assault shall be proved in litigation to establish the liability of the offender which are as follows: the act of the defendant must be intentional, the defendant act caused the plaintiff reasonable fear or harm, the plaintiff had reasonable apprehension of immediate harmful act.
2. On the other hand, elements of intentional harm shall also be proved which encompasses various intentional acts which may include offensive contact, battery, intentional infliction of emotional distress, and other intentional torts. The specific elements of intentional harm may vary depending on the intentional act involved.
3. The burden of proof when it comes to assault or intentional harm lies with the plaintiff. The quantum of proof required is preponderance of evidence.
4. The plaintiff can be entitled to economic and non-economic damages if the case was successful.
5. The statute of limitations for assault and intentional harm is generally two years from the date of injury.
6. Criminal proceedings are also instituted in assault and intentional harm. Independent criminal proceedings are filed by the state.