Injury And The Law – Proving Past Medical Expenses
To recover past medical expenses, the injured must prove that the medical services were attributable to the accident; that they were necessary, and that the charges were reasonable. See Calhoun v. Hildebrandt, (1964) 230 Cal. App. 2d 70, 73. This rule has been well settled in California, in that
Injury And The Law – Medical Device Injuries & The Two-Year Statute
There is a two-year statute of limitations to file suit for "assault, battery, or injury to, or for the death of, an individual cuased by the wrongful act or neglect of another." See C.C.P. § 335.1. However, when the cause of the injury is not readily ascertainable, as is the
Products Liability Injuries and Dangerous Drugs – The Standard for Manufacturer Liability
Dangerous Drugs are the source or cause of severe injuries suffered by patients and those prescribed the harmful drug. The California Supreme Court in Brown v. Superior Court, (1988) 44 Cal. 3d 1049, wrestled with the question of whether strict liability theories would be applied to Drug Manufacturers whose product, after
Seeking Justice – Punitive Damages May Be Awarded In Products Liability Actions
Punitive or exemplary damages are authorized in California pursuant to Cal. Civ. Code § 3294. Punitive damages area way for our civil justice system to punish and deter bad actors. In Products Liability claims, punitive damages may be awarded where a plaintiff can prove oppression, fraud or malice. See Hasson v. Ford
Injury And The Law – Two Year Statute for Injury or Death Actions
Courts enforce Statutes of Limitations. You must know your rights. Victims of personal injury or wrongful death actions must be aware of the time frame to which their claims may be brought. Generally, there is a two-year statute of limitations to file suit for "assault, battery, or injury to, or for