In other Practice areas at Prestige Law Firm, we handle a wide range of injury disputes. Beyond the most commonly encountered types of accident cases (i.e., motor vehicle accidents, slip-and-fall accidents, product defect issues, etc.). These diverse experiences have taught us a great deal about what it takes to successfully litigate a claim all the way through to its ultimate resolution. We understand the general strategies employed by defendants to shed or minimize liability. And how best to undercut their arguments and portray our client in the most favorable light.
Have you been injured in an accident? We encourage you to get in touch to learn more about how we can help.
We represent clients in disputes that involve:
Bicycle accidents often lead to significant injuries, in large part. Because the plaintiff-bicyclist lacks sufficient protection to absorb the impact force of a collision. Whereas a four-wheeler can absorb some of the impact force of a collision (i.e., the front-end of a car will crumple. And diffuse the energy generated by a serious impact), a bicyclist has no similar mechanism for minimizing the effect of a collision. If a truck slams into a bicyclist. Then the impact will be directly applied to the bicyclist’s body, likely inflicting severe and potentially life-threatening injuries as a result.
Given that the losses and damages are so high in many bicycle accident lawsuits. The defendant is more likely to be aggressive about defending their position and minimizing liability. There are a number of strategies they can implement, such as painting the plaintiff as contributorily negligent.
For example, suppose that you failed to wear a helmet while riding your bicycle, and an accident performed by you. The defendant may argue that he is with you in this collision. The injuries would not have been so severe had you worn a helmet. In California, pure comparative fault rules would still enable you to recover damages. The damages that are available to you will reduce by your own fault (as represented by a percentage of total fault).
Liability for animal bites in California is quite unique in comparison to many other state jurisdictions. If an animal bite makes you injured. Then owner’s power will damage you. What this means is that the owner can be held liable for your damages. Even if they did not make a mistake. Strict liability applies so long as you can show that the owner’s animal actually bit you and thereby caused you to suffer injuries.
It’s worth noting that the defendant feels bad after the assertion of one or more defenses. There are a number of defenses that can apply to a given case, depending on the circumstances:
In California, you can only impose liability on an owner for the bite injuries caused by their animal if you were either located in a public place at the time of the accident or lawfully in a private place. For example, if you were trespassing on the owner’s property. When their dog bit you, then you cannot bring an action against the owner for damages.
If you provoke an animal to bite you, then you will be prevented from recovering damages for the injuries suffered. The key to overcoming this defense is to show that your provocative behavior did not change the outcome. In other words, the animal would have bitten you regardless of your behavior.
Some professions create an assumption of risk. If you handle animals regularly, perhaps as a domestic trainer. Then you would be refused from recovering damages for a bite injury because the fact is that you accept it. The inherent risk of injury by virtue of your work with animals.
Elder abuse is a serious civil (and potentially criminal) offense in California, and it can give rise to significant damages. Under California law, elder abuse occurs when someone who is 65 or older is physically abused, financially abused, neglected, abandoned, isolated, or deprived of goods or services, thus leading to physical harm, pain, or emotional suffering.
Disrespect of elders is common because they are mostly poor or financially weak. They may be completely dependent on abusive personnel, and further, they can not become successful in clear communication that they are being abused to family members who can help. This dynamic often serves to prolong an abusive circumstance and exposes the elderly individual to a serious risk of harm over time.
If you or a loved one has been injured due to the negligent, reckless, or intentional misconduct of another party in California. Then there may be an actionable claim for damages. There is no one-size-fits-all solution to handling such disputes, however. Depending on the issue lying at the center of the dispute, the case strategy may need to change.
Interested in bringing a lawsuit against the defendant? We can help.
Other Practice areas at Prestige Law Firm, our attorneys have decades of experience representing. Those who get injury in a wide variety of scenarios, from bicycle accidents to animal bites to elder abuse and more. Having litigated a breadth of injury disputes over the years. We have gained keen insight into what is necessary to effectively navigate the complications of Other Practice areas, dispute and secure the maximum compensation available given the circumstances.
Call us at (818) 788-0808 or send us a message online to schedule a free and confidential consultation with a skilled Sherman Oaks personal injury lawyer at Prestige Law Firm. We operate two Southern California offices (Sherman Oaks and Palmdale), though we also represent numerous plaintiffs in Northern California.
