Hogan Injury > Blog > personal injury claim

School’s Liability on Sports-Related Injuries

By | March 8th, 2013

QUESTION: Does the school pay if my son got hurt during practice? The coach had my son on the back of another student while running across the field. The student tripped and my son fell off, breaking his collarbone. ANSWER: A person participating in an activity that has inherent risks (such as sports activities) has an assumption of the risks involved. This assumption of risk could either be “primary” or “secondary.” The primary assumption of risk is a complete defense wherein the defendant may not be held liable for the.

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Drunk and Injured: Do I Have a Case Against the Bar?

By | March 8th, 2013

QUESTION: I was drunk in a bar and I fell, injuring myself. Do I have a case against the bar? They should have cut me off for having too much to drink but didn’t. ANSWER: Personal injury suits against alcohol providers are usually based on a negligence theory. The alcohol provider’s damages exposure is severely restricted by express statutory immunity from civil liability for any injury caused by the alcohol consumer. The immunity protects both “social host” providers and those in the business of selling alcoholic beverages [CC § 1714(b)].

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Duration of a Personal Injury Case

By | March 8th, 2013

QUESTION: If a lawsuit for personal injury has been filed, how long does it stay active? ANSWER: In personal injury cases, the two-year statute of limitations tolls after the filing of the suit. However, there is a three-year limit for discretionary dismissal for delay [CCP § 583.420(2)] and, with a few exceptions, a five-year limit for the case to be pursued before its mandatory dismissal for failure to prosecute (CCP § 583.310).

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Statute of Limitations for Personal Injury Claims

By | March 8th, 2013

QUESTION: I was shot in a bar a little over 2 years ago, after an argument with another person. Is it too late to file a personal injury lawsuit? ANSWER: Generally, the statute of limitations for a personal injury claim, such as assault, battery, or injury caused by negligence or wrongful act of another, is two years from the time the cause of action has accrued (CCP § 335.1). Ordinarily, a cause of action “accrues” when, under the substantive law, the wrongful act is committed and the liability arises.

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Waiting Time Before Filing a Personal Injury Case

By | March 8th, 2013

QUESTION: I have a case for personal injury against a person who hurt my minor son, and I am waiting for the other party to respond to my offers to settle. But it is taking so long. How long should I wait for them before I file a lawsuit? ANSWER: Normally, when it comes to personal injury cases, it is advisable to pursue settlement before a lawsuit is filed. However, if there is no settlement reached and when the statute of limitations is about to run, a complaint should be.

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Special Relationships & Liabilities of School District and Its Students

By | March 7th, 2013

QUESTION: Is the school liable for my son’s injury during a wrestling practice at his school? My son’s opponent made an illegal move (pile drive), and sent my son head first to the floor. My son sustained a spinal injury and he has not been the same since. ANSWER: There is a special relationship between a school district or its employees and students that imposes an affirmative duty on the district/employees to take reasonable steps to protect students from reasonably foreseeable risks of harm [C.A. v. William S. Hart Union.

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Business Liabilities of Wrongful Acts

By | March 7th, 2013

QUESTION: Does the landlord have liability for attack under fake security cameras? ANSWER: Businesses have an affirmative duty to take reasonable steps to secure their premises, as well as adjacent common areas within their control, like parking lots, against reasonably foreseeable criminal acts of third parties. [Delgado v. Trax Bar & Grill].

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Claims Against Government Entities

By | March 7th, 2013

QUESTION: My fiance was shot three times in a robbery attempt by a guy, and the shooter has been sentenced to 29 years in jail for the crime. My fiance is now permanently paralyzed from the chest down. What are the steps we need to take to bring a case against the state where this crime happened? ANSWER: Generally, no suit for money or damages may be brought against a government entity (or against a government employee acting in the scope of employment) unless and until a timely claim has.

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Damages Claimed Against Those Who Caused the Death

By | March 7th, 2013

QUESTION: Two guys tried to rob my son and shot and killed him in front of his girlfriend and 2-year old son. The shooter was convicted and received a sentence of life and 30+ years. Can I sue the criminals for the loss of my son? ANSWER: Injury to one person might also occasion a compensable loss or detriment to that person’s spouse, registered domestic partner (Fam.C. § 297) or other close relatives witness injury inflicted upon someone with whom they have a close family relationship may have a right.

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Preserving the Integrity of the Claim

By | March 7th, 2013

QUESTION: I slipped off a broken uneven step outside the local post office and was immediately paralyzed with pain from a dislocated shoulder. After I slipped, an employee went out and salted the step, looked at me, and said I should get to the hospital. I was taken to the emergency where they took X-rays, and my arm was on a sling for 3 weeks. I have my wife and another person as witnesses to this incident. What are the steps I should take so that I could claim damages.

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