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Articles Posted in California Personal Injury Law

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Hospital Not Allowed to Collect from Auto Insurance Benefits

When people are injured in accidents in California and pursue auto accident claims against the other drivers who caused their accidents, their medical providers might place liens against any settlements or awards they might receive in their lawsuits. However, there are limits to the ability of medical providers to place…

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Emergency room medical billing after a personal injury

When people in California have health insurance through health management organizations, they normally will go to their in-network providers for care. However, when people are injured in accidents and are forced to seek care in emergency departments, the hospitals may not have pre-negotiated contracts with the HMOs. This might mean…

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California Appeals Court Rules Against Person Injured in Hot Air Balloon Ride

When people in California decide to participate in inherently risky activities, they assume the risk that they will be injured unless the operators of the activities engaged in conduct that was grossly negligent. In Grotheer v. Escape Adventures, Cal. Ct. App. 4D, Case no. E0634449, the court examined the concept…

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Personal Injury Insurance Settlement Negotiations in CA

Personal injury insurance settlement negotiations in CA can be tricky without the right advice and assistance of legal counsel.  Having negotiated hundreds of claims throughout the Golden State ranging from traffic collisions to injuries on commercial and residential property to all manner of claims involving bodily harm, I thought I…

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CHP to Pay $1.5 Million For Police Brutality

The Los Angeles Times reported today (see article here) that the California Highway Patrol has agreed to settle a civil rights police brutality claim for $1.5 Million.  The plaintiff, Marlene Pinnock, was a 51 year old woman who was held on the ground and repeatedly punched by a CHP officer…

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Res Ipsa Loquitur – Can Negligence Be Presumed in California Injury Claims?

“Res Ipsa Loquitur” is a Latin phrase which, literally, translates to, “the thing speaks for itself.”  Under California personal injury laws, its meaning is that there are times when evidence cannot necessarily be shown to determine if there was negligence but, the facts and circumstances surrounding an injury show that…

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