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Showing posts with the label premises liability

Understanding Governmental Claims and Statutes of Limitations for Personal Injury Claims in California

When it comes to personal injury claims in California involving government agencies, it is crucial to understand the specific process and statutes of limitations that apply. Filing a claim against a government entity requires adherence to certain guidelines and timelines. In this article, we will explore the process of making governmental claims in California, the statutes of limitations for personal injury lawsuits, and the importance of adhering to these limitations. 1. Filing a Claim with Government Agencies: To pursue a personal injury claim against a government agency in California, it is essential to file a claim with the agency within a specific timeframe. Generally, this must be done within six months from the incident. However, in some cases, the timeframe may extend up to one year. Filing a claim involves submitting a written notice detailing the incident, injuries sustained, and the damages sought. 2. Statutes of Limitations for Personal Injury Lawsuits: The statutes of limi...

Medical Liens Can be a Helpful Option for Those Without Health Insurance

Not having health insurance can be a difficult situation, especially when it comes to personal injury cases. In California, healthcare providers can offer discounted or free treatment to patients through a medical lien, which allows them to be paid back through the patient's personal injury settlement. This can be a beneficial option for those who cannot afford upfront medical costs, but it's essential to understand the agreement's terms and conditions.  A medical lien is a binding contract that can be negotiated, and it is crucial to ensure that the agreement is fair and reasonable.  Some providers may only offer lien-based treatment if the case is winnable. Additionally, statutory medical liens can be placed by hospitals and Medi-Cal, which entitle them to recover costs directly from any award or settlement.  It's important to keep in mind that if the case is lost, the provider can exercise the lien against the patient.  Therefore, it's always best to explore othe...

What is Premises Liability under California Law?

Premises liability is an area of law that holds property owners responsible for injuries or damages that occur on their property. California law recognizes premises liability, and property owners have a legal obligation to maintain their property in a safe condition. If a property owner fails to do so and someone is injured on their property, the property owner may be held liable for the injured party's damages. Premises liability in California is based on the legal principle of negligence. To establish a premises liability claim, the injured party must prove that the property owner was negligent in maintaining the property. Negligence occurs when the property owner fails to use reasonable care to maintain the property and someone is injured as a result. Under California law, there are three types of visitors who may be on a property: invitees, licensees, and trespassers. Property owners owe the highest duty of care to invitees, who are people who enter the property with the owner...