Basics of California Personal Injury Law

There are many types of injuries that can lead to a claim for personal injury, and every state has slightly different laws governing them. Here we will go over the basics of California personal injury law, including the time limit to file, compensation, and liability rules.

Statute of Limitations – Deadline to File

Each state sets a time limit in which the injured party can file the claim. There are different deadlines based on the type of claim being filed, and each deadline is called a statute of limitations.

In California, you are given a time limit of two years from the date of your injury to file a lawsuit for personal injury against the person you claim is responsible. Failure to file your claim in time may lead to your case being dismissed before you ever reach a trial on the facts of the underlying injury. If this happens, you will not be granted any compensation for your injury. It is very important to keep the statute of limitations in mind whenever you’re thinking about filing a claim.

If your injury was caused by the conduct of a government entity such as a city, state agency, or county, you have a reduced time limit of six months to file the claim. It also must stick to a unique and stricter set of rules.

Limits on Injury Damages in California

There are a few California laws that set limits on the types or amounts of damages that are deemed recoverable in a personal injury case. In most cases, California law prevents uninsured drivers from recovering any 'non-economic' damages after a car accident. This is true even if the other driver is completely at fault for the accident at issue. Non-economic damages include things like pain and suffering, physical impairment, inconvenience, and disfigurement.

There is one major exception to this rule limiting non-economic damages. The uninsured driver would be able to claim non-economic damages if he or she is in an accident where the at-fault driver was impaired or under the influence of drugs or alcohol.

Along with the non-economic damages law outlined above, California also caps payment for non-economic damages in medical malpractice lawsuits. This is law is known as the Medical Injury Compensation Reform Act (MIRCA), and the maximum payout in a medical malpractice case is $250,000.

Shared Fault Laws in California

In some cases of personal injury, the defendant may argue that you are actually at least partially at fault for causing the accident that creates the basis for your claim. If it turns out that you do share a portion of the blame for the accident, it will affect the total amount that you are compensated from the other party.

In cases of shared fault, the state of California goes with a 'pure comparative negligence' rule. This means that the amount of compensation you receive is reduced by an amount that is equal to the percentage of fault for the accident. For example, if the court determines that you are 25% at fault for an accident, and damages are estimated at $100,000, you would only receive $75,000. The remaining $25,000 represents the percentage of fault that is attributed to you.

Courts in California are obligated to follow this rule while hearing injury lawsuits that make it to trial, but if you deal with an insurance adjuster outside the court, they could raise the issue of the comparative negligence rule while discussing settlements. In this case, you are able to negotiate what the impact of the rule should be on the claim. In this case, having an experienced personal injury lawyer like Dan Higson on your side could help you get the compensation you deserve.

“Strict” Liability on Dog Bites

California has a very specific set of rules concerning injuries caused by dog bites. For this kind of personal injury case, the owner is considered to be 'strictly liable.' This means that the owner of the dog is always responsible for their dog's bites regardless of whether the owner did anything wrong. In other words, no amount of fault or negligence on the part of the owner needs to be shown in dog bite cases. In the event the dog bite took place in a public location or while the injured person was lawfully in a private place, the dog owner is completely liable, even if the owner doesn’t know of any previous aggressive tendencies of the dog. If you want more information on California dog bite cases, check out Dan Higson’s other blog here.

Personal Injury Resources

Here are several resources for more information for California personal injury claims:

• California Statute of Limitations
• California Pedestrians' Rights and Duties
• California Driving Offenses

Knowing these basics of personal injury law in California will help you as you set out to file your claim or prepare to defend against a personal injury case. Before you file, you need to make sure that you have a good case, and that you file it within the statute of limitations. There are many factors that can help or hurt your case, so it’s very helpful to get professional legal advice. Contact the Law Firm of Hathaway, Perrett, Webster, Powers, Chrisman & Gutierrez for help with your personal injury case. 805-644-7111

Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC is a debt relief agency pursuant to 11 U.S.C. 528(a)(4) and assists individuals, families, and businesses file for bankruptcy relief under the Bankruptcy Code.  This website is a communication under California Rule of Professional Conduct 1-400.  No legal relationship is created by the use of this website and no legal advice is provided.  No guarantee or warranty is provided that your case or matter will achieve any particular result and testimonials and endorsements provided on this site do not constitute a guarantee, warranty, or prediction about your matter or case. This communication is made on behalf of Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC and DANIEL A. HIGSON, State Bar No. 71212 is responsible for its contents.  All information contained on this website may be factually substantiated by a credible source, including data from the United States Public Access to Court Electronic Records (PACER) system.  Detailed data and information is available on request.

RadioShack’s Rollercoaster History of Boom and Bankruptcy

The Beginning

RadioShack is an American chain of electronics stores that has experienced both highs and lows throughout its long history. Brothers Theodore and Milton Deutschmann founded it in 1921 to sell ham radio equipment. The company originally consisted of a single location for retail and mail order sales. RadioShack issued its first catalogue in 1939, and even extended into the high fidelity music market by producing its own private label products with the brand name Realist. Throughout its history, the company constantly attempted to rebrand itself, changing its name, slogan, management, and purpose time after time.

Bankruptcy and Changing Strategies

By the 1960s, RadioShack had expanded its mail order business and had 9 stores. Soon the company fell on hard times, however, and had to file for bankruptcy. Luckily for RadioShack, entrepreneur Charles Tandy took an interest and bought the company for $300,000 in 1962. Tandy Corporation was interested in expanding their leather goods company into other hobby businesses. In order to make RadioShack viable again, Tandy ended the mail-order business and credit sales and dropped most of the upper management positions. Tandy led the ailing company through a period of growth and success in the ‘60s and ‘70s before his death.

In the ‘80s, RadioShack attempted to edge into the IBM PC compatible market. This didn’t last long though, as the company struggled against rivals like Dell. In 1982, people were moving towards owning their own phones instead of renting them after the breakup of the Bell System, and RadioShack jumped on board by offering 20 different models of home phone.

In the ‘90s, RadioShack once again attempted to change, this time having to restructure over 200 store locations. The company wanted to shift away from components and cables towards more mainstream consumer electronics. It continued to do so into 2015 by selling things like cell phones. In 1994, the company began to offer inexpensive, non-warranty repairs for over 45 brands of electronics. In 1998, RadioShack claimed to be the largest seller of consumer telecommunications products in the world. By 2011, smartphone sales accounted for over half of the company’s revenue.

2015 Chapter 11 Bankruptcy

Unfortunately, management issues and tough competition led to several bouts of restructuring, purging of management, and financial instability after the turn of the century. In 2005, a switch in the wireless providers that RadioShack featured caused a huge decline in profits. This along with management problems led to several cuts in 2006. Nearly 500 stores closed down, and stock prices plummeted. The company also attempted to cut overhead expenses by laying off a fifth of its headquarters workforce.

Since 2006, RadioShack has continued to close more stores and lay off more people. At the beginning of 2015, the company faced over $1 billion in debt and filed for Chapter 11 bankruptcy in the hopes that another restructuring would save it. Late in 2015, the bankruptcy plan was approved, and RadioShack began the liquidating funds to pay off its creditors. The chain was forced to close nearly all of its remaining 4,000 stores.

In September of 2015, many problems still faced RadioShack’s Chapter 11 plan. Standard General LP and Wells Fargo claimed that RadioShack was obligated to pay the substantial legal fees accrued from lawsuits with junior creditors, estimated at around $15-20 million. This stipulation would have probably led to the collapse of all of the creditor repayment plans. Luckily, the junior creditors decided to drop the lawsuit instead.

2017 Chapter 11 Bankruptcy

As part of the restructuring plan, Standard General bought RadioShack’s brand and saved around 1,700 stores. Standard General, Wells Fargo, and other banks provided $9.4 million in cash and savings to a liquidation trust. As part of the RadioShack restructuring, the company has switched focus to pushing the Sprint brand for mobile phones.

Standard General created an affiliate company called General Wireless to operate RadioShack’s brand and assets along with Sprint. Together, Sprint and General Wireless opened co-branded stores under Sprint’s name that sold products from both brands.

In March, 2017, RadioShack was forced to close 187 more stores. This accounts for about 9% of its remaining 1,943 locations. This move affected around 1,850 of the company’s 5,900 employees. The company again filed for Chapter 11 bankruptcy, and stated plans for closing many of its locations that are shared with Sprint.

Sprint also paid $12 million as a “wind down payment” to General Wireless. In return, Sprint received the leases for 115 stores and the equipment from 245 other locations where Sprint was primarily in control.

Time will tell if Standard General and General Wireless will manage to salvage anything from RadioShack’s remains. For now, the company retains control of over 1,000 locations. If the struggles continue, this longstanding household name might go down in history as yet another company that failed to keep up with the speed of modern technological advances.

Motorcycle Accident Attorney

Riding a motorcycle is a wonderful sensation, but there are a lot of dangers associated with them. Because of a motorcycle’s size, other drivers have a harder time seeing them on the road. If a collision occurs, motorcycles provide almost no protection from injury. If you or a loved one have experienced a motorcycle accident as the result of another person’s negligence, you may be entitled to compensation for damages. By using the services of an experienced personal injury attorney such as Dan Higson, you will increase the likelihood of getting the most compensation possible.

Common Motorcycle Accident Causes

Even if you’re the safest driver in the world, accidents can happen to you. It’s impossible to control all of the factors around you, including road conditions and other drivers. Here are some of the most common causes of motorcycle accidents:

Inattentiveness. Inattentive drivers account for a large amount of motorcycle accidents each year. Inattentive drivers are often responsible for head-on collisions and left-turn collisions. They happen when a driver is not fully aware of their surroundings. With the ever-increasing presence of smart phones in drivers’ hands, this hazard has become even more commonplace.

Recklessness. Many collisions occur because of reckless driving. Examples of this include drivers going over the speed limit or driving under the influence of drugs or alcohol.

Bad communication. It’s important to be able to communicate with other drivers around you. Whether you’re riding with a group of motorcyclists or determining whether another car is taking a turn in front of you, communication, such as properly using signals, is key to surviving on the road.

Road hazards. Hazardous road conditions include loose gravel, potholes, uneven asphalt, and other issues. State and local governments maintain most roadways, but government agencies often fail to address problems on the road. Unaddressed road hazards are responsible for many motorcycle accidents.

What to Do When in a Motorcycle Accident

When a motorcycle accident occurs, it’s important to understand that the other driver and the insurance companies are not necessarily on your side. Because of this, there are several important steps to take after an accident occurs to protect your personal and legal safety. If you are seriously injured, wait for emergency personnel to arrive on the scene and worry about legal issues after your safety is ensured. If you are able to, acquire further information. Below, are some steps to keep in mind after you’ve been in a motorcycle accident:

1. Seek medical attention. Even for minor injuries, it’s important to get official medical records that can be used to support your claim. Sometimes injuries do not become apparent until days or even weeks after an accident, so have these injuries checked out as soon as they develop.
2. Gather information. Accurate, detailed information is crucial for your case. If safe to do so, take photographs of the crash site, the condition of your motorcycle, and your injuries. Get the contact information of the other drivers involved and any witnesses.
3. File a police report. If possible, call the police to the site of the accident. By cooperating with the police and making a statement, you provide even more evidence for your case. Make sure to inform the police of any witnesses that might have relevant information.
4. Hold off on repairs. Hold off on making any repairs to your motorcycle until an insurance claim is opened. If you preserve the damages done to your motorcycle throughout the examination process, it will make it easier to determine what compensation is needed. If this is not possible, keep detailed records of all repairs that are done.

California Motorcycle Laws

California has a few unique motorcycle laws that don’t necessarily exist in other states. In California, lane-splitting is legal. Lane-splitting is when motorcyclists ride between the lanes of traffic when it has slowed down. This practice is risky to the motorcyclist, so be careful whenever you attempt to do so. When lane-splitting, the motorcyclist can be ticketed if they drive recklessly. Thus, it is advisable that motorcyclists travel at a safe speed when lane-splitting so that he/she can react to sudden movements by the surrounding cars. Surrounding cars are not allowed to impede motorcycles between lanes, and they can be punished if they attempt do so.

Motorcyclists should also be aware that any negligence on their part, such as unsafe operation of your motorcycle while lane-splitting, could be used as evidence to reduce their recovery in a subsequent trial. This is because California uses the “comparative fault” system to offset an injured person’s recovery for any percentage of negligence that is attributed to their own conduct. For example, if a person suffers $50,000 in damages and is determined to be 50% at fault for their own accident, they would only be entitled to recover $25,000.

More up-to-date information can be found online at the California Department of Motor Vehicles motorcycle handbook page.

If you have been injured in a motorcycle accident caused by another person’s negligence, let Dan Higson help you get through the paperwork and insurance companies and get you the compensation you deserve. It’s possible to receive compensation for a variety of damages such as medical expenses, motorcycle repair, lost wages, therapy, disability, and pain and suffering.

Getting yourself and your motorcycle back in peak condition after an accident can be expensive. Having an experienced personal injury attorney on your side can mean the difference between fully covering your accident costs and paying everything out of pocket.

Call Ventura Attorney Daniel A. Higson at 805-644-7111

Slip and Fall

Ventura Slip and Fall Attorney

Personal Injury Attorney – Slip and Fall Claims

People trip and stumble all the time, but when injury or death occurs as a result of negligence on the part of the property owner, a slip and fall personal injury claim can be filed. Such an accident can occur anywhere: at a supermarket, a restaurant, or even a private residence. Ventura Slip and Fall Attorney Dan Higson is here to help.

If any negligence was involved to cause a slip and fall accident, the victim can be entitled to compensation for his or her medical costs, pain, and loss of work. By finding a personal injury attorney, you will increase your ability to get the most compensation possible and have an expert on-hand for the technical aspects of the lawsuit. If such an accident happens to you or a loved one, contact Ventura Slip and Fall Attorney Dan Higson to find out what can be done for your situation.

Slip and Fall Injuries

A slip and fall accident can range from minor scrapes to permanent, life-altering injuries. It is also not uncommon for a slip and fall accident to lead to the death of the victim. Neck and back injuries, knee and hip injuries, and broken bones can affect a person for a long time. Sometimes an injury won’t show up for a while after the accident, so it is important to see a doctor quickly even if you feel fine. It is important to get any damage recorded by a medical professional as evidence for any future use in a lawsuit.

The damages that can be claimed in a slip and fall case include:

• Long-term and short-term medical care
• Pain and suffering
• Therapy and assistance
• Lost wages
• Ongoing support in the case of catastrophic injury

Major Causes of Slip and Fall Accidents

Slip and fall accidents are caused by many factors. If the location where the accident occurred contains some type of hazard that could have been avoided, a strong case can be made for compensation. These hazards often come from poorly designed structures such as defective flooring or improper lighting. They can also arise from badly maintained areas that contain obstacles such as slippery surfaces or objects impeding a walkway. The most common locations for slip and fall injuries include:

• Busy areas
• Cluttered walkways
• Doorways
• Ladders
• Ramps or stairs
• Uneven or unstable walkways
• Wet floors

Who is Responsible?

Many issues can cause a slip and fall injury, and they can be caused by several different people. Property owners must take responsibility for maintaining and managing the location and provide an area that is safe for visitors. They should inspect the area regularly and fix any hazards that arise in a timely fashion. In the case of a sidewalk or other public area, the owner must contact the government agency in charge of taking care of the problem. Since the property owner should know about his or her property and any problems within it, it is generally accepted that the owner is at least partly responsible for an accident, even if an employee was more directly accountable.

Several other people can be at fault for a slip and fall accident other than the property owner. Managers and renters are commonly at fault. Other employees can also cause a problem or fail to fix one, such as janitors or gardeners. On the other hand, a larger company might be at fault, such as a franchise operator or school district.

There are two main defenses against slip and fall claims for the people who are being blamed. The first is if the hazard arose quickly, not giving the owner enough time to discover and fix it. The other is if the injured person could have easily avoided the accident and is proven to be at fault.

Seek Legal Help

If you, a family member, or friend have been the victim of a slip and fall accident and believe that negligence was a factor, it’s important to seek legal help. Personal injury cases are complex, and a specialized attorney can help you get the most out of your slip and fall claim. If you have any further questions about slip and fall cases, contact Dan Higson today!

Call Ventura Attorney Daniel A. Higson at 805-644-7111

Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC is a debt relief agency pursuant to 11 U.S.C. 528(a)(4) and assists individuals, families, and businesses file for bankruptcy relief under the Bankruptcy Code.  This website is a communication under California Rule of Professional Conduct 1-400.  No legal relationship is created by the use of this website and no legal advice is provided.  No guarantee or warranty is provided that your case or matter will achieve any particular result and testimonials and endorsements provided on this site do not constitute a guarantee, warranty, or prediction about your matter or case. This communication is made on behalf of Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC and DANIEL A. HIGSON, State Bar No. 71212 is responsible for its contents.  All information contained on this website may be factually substantiated by a credible source, including data from the United States Public Access to Court Electronic Records (PACER) system.  Detailed data and information is available on request.

Wrongful Death

Personal Injury Attorney Ventura

Recovering from the death of a family member is one of the most difficult challenges in life. Overwhelmed with grief and the weight of new responsibilities, figuring out what to do next can seem impossible. You can count on Dan Higson to guide you through every step of the process of a wrongful death claim. He can help you get the compensation you and your family deserve.

What is Wrongful Death?

A wrongful death claim arises when a person dies as a result of the negligence or fault of another person. This includes many situations, such as vehicle accidents, defective products, workplace accidents, and medical malpractice, among others. In such a case, the deceased’s beneficiaries may be entitled to monetary compensation for damages.

What are Included in Damages?

Determining the amount of compensation due in a wrongful death case is complicated. The loss of a loved one has lasting effects that cannot be easily assigned monetary values. Whether the person was a spouse, parent, child, or other relation, these losses may be felt by those left behind for the rest of their lives. In California, there are three major kinds of damages in a wrongful death claim:

• The loss of love, care, comfort, affection, companionship, guidance, and other emotional benefits offered by the deceased.
• The loss of household support, including home care and cleaning, food preparation, and running errands.
• The loss of overall financial support provided by the deceased.

These types of loss combine together in different ways depending on the relationship between the deceased and each remaining relative filing the claim.

Who Can File a Claim?

In California, only one wrongful death lawsuit can be created for a person’s death, but several people can join together in the same lawsuit. There is an order assigned to the relatives of the deceased that determines who can file the claim. The first tier of relatives includes the spouse, children, and grandchildren. If there are no surviving members of this tier of the family, then the next in line who can file a claim include parents, siblings, nieces and nephews, and grandparents. If none of these relatives remain, other family members may file, such as stepchildren or a putative spouse.

Should I Contact a Wrongful Death Attorney?

Wrongful death claims can be confusing and involved, and they come at a time of great stress and sorrow. A good personal injury lawyer, such as Dan Higson, will help you through this tough time and make sure that you get the compensation you deserve. If you have any questions about a wrongful death claim, contact Dan Higson today.

Call Ventura Attorney Daniel A. Higson at 805-644-7111

Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC is a debt relief agency pursuant to 11 U.S.C. 528(a)(4) and assists individuals, families, and businesses file for bankruptcy relief under the Bankruptcy Code.  This website is a communication under California Rule of Professional Conduct 1-400.  No legal relationship is created by the use of this website and no legal advice is provided.  No guarantee or warranty is provided that your case or matter will achieve any particular result and testimonials and endorsements provided on this site do not constitute a guarantee, warranty, or prediction about your matter or case. This communication is made on behalf of Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC and DANIEL A. HIGSON, State Bar No. 71212 is responsible for its contents.  All information contained on this website may be factually substantiated by a credible source, including data from the United States Public Access to Court Electronic Records (PACER) system.  Detailed data and information is available on request.

Is It Time For Bankruptcy?

Deciding whether or not to file for bankruptcy is a stressful and complex situation that is further burdened by social stigmas. Nevertheless, bankruptcy might be the right choice for you. Many people believe that by filing for bankruptcy, they will never be accepted for loans again, but this is not true at all. Your bankruptcy stays on your credit report for 10 years, but you can get credit again within that time period, depending on your pre-filing payment history, income, debt-to-income ratio, and how well you pay off your debts after the filing.

Now that you know that filing for bankruptcy doesn’t doom your credit forever, the question remains: should you file for bankruptcy? Here are some general details to take into consideration when making your decision.

Can You Avoid Bankruptcy?

Firstly, you should sit down and take all aspects of your finances into consideration. You may find that you can alleviate your financial issues by fixing some problems or scaling back on certain purchases. Even though bankruptcy isn’t a permanent detriment to your credit, it is still a huge undertaking that shouldn’t be initiated unless you are sure it’s your best option.

What Type of Bankruptcy Should You Choose?

If you intend to go through with a bankruptcy, there are two major types that are commonly filed by individuals: Chapter 7 and Chapter 13. Chapter 7 bankruptcy can discharge most of your debt within a few months, but you may lose some of your personal property to help pay off the debt. Chapter 13 bankruptcy consists of a repayment plan based on your income, which helps you pay off your debts over the course of several years.

It’s important to know whether or not you quality for the type of bankruptcy you intend to file. If your income is too high, you may be denied from Chapter 7 bankruptcy and be expected to pay off your debt. On the other hand, if your income is too low, you might not be able to manage a repayment plan. There are many other deciding factors, so make sure to consult an experienced bankruptcy lawyer to help you determine eligibility.

Which Debts will be Forgiven?

Some types of debts cannot be wiped out no matter what type of bankruptcy you file. Some examples of non-dischargeable debts include alimony, child support, and tax debt. Most of the time student loans also can’t be discharged. If the majority of your debt will not be wiped out by bankruptcy, there is little point in filing.

What will Happen to Your Assets?

Before you file for bankruptcy, you need to take your assets into consideration to make sure that you don’t lose something that puts you into a worse situation than before. If you have a lot of equity invested in your home, you may lose it if you file for Chapter 7 bankruptcy. However, filing may alleviate the strain from your mortgage when other debts are forgiven. If your income allows for Chapter 13 bankruptcy, your mortgage will be incorporated into your repayment plan.

The fates of your other assets depend on the circumstances. Only certain items are included in exemption laws, and this depends on your location. Also, if you put an asset such as a car or boat down as collateral on a loan, the creditor may be able to take the property even if you are filing bankruptcy. Make sure that you would keep what you need to survive after the filing.

What will Happen to Your Credit Card Debt?

Bankruptcy is often an effective way to discharge your credit card debt, but not all credit cards debts can be wiped clean. Check with a bankruptcy lawyer to ensure that your credit card debt is dischargeable. Some examples of situations where credit card debt is a problem during a bankruptcy filing are if you lied on your application or used the cards to an extreme extent.

What will Happen to Your Pension and Insurance Plans?

Most pension and life insurance plans are protected from bankruptcy proceedings. However, you should check before you file to make sure that this is the case for any plans you have, including 401k, IRA, or life insurance policies.

What Happens to Co-Signers?

You need to make sure that co-signers on your loans will not be left with your debt after bankruptcy wipes it clean from your record. If you go through a bankruptcy filing with co-signed loans, the people close to you who helped you get your loan may be stuck with the entirety of the remaining payments. In general, Chapter 13 bankruptcy protects co-signers, but Chapter 7 bankruptcy does not.

How will Bankruptcy Affect You?

Fear of social stigmas shouldn’t stop you from considering bankruptcy, but you should be warned that the process involved in filing for bankruptcy is invasive and demanding. You display your entire financial life to the court. If you file Chapter 7, you may lose some of your personal property. If you file for Chapter 13, your spending habits will be scrutinized for several years.

Taking the positive and negative factors into account, if you are still considering bankruptcy, it’s crucial to consult an experienced and certified bankruptcy specialist. Dan Higson, with Hathaway Perrett Webster Powers Chrisman & Gutierrez A Professional Corporation, is such a resource in the Ventura and Oxnard counties of California. He can help guide you along every step of the bankruptcy process, including your decision on whether or not to file in the first place. Call him today! (805) 644-7111