Legal Articles, Personal Injury

California Disabled Persons are protected under the Americans with Disabilities Act (“ADA”) including 42 U.S.C. section 12102, California Government Code section 12926(m), Unruh Civil Rights Act, California Civil Code section 51, et seq. (“Unruh Act”), and the California Disabled Persons Act, California Civil Code section 54, et seq. (“DPA”). Title III of the ADA provides in pertinent part, “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who . . . operates a place of public accommodation.” (42 U.S.C. § 12182(a).) “The ADA prohibits discrimination on the basis of disability in the enjoyment of public accommodations, including with respect to access.” Jankey v. Lee (2012) 55 Cal.4th 1038, 1044.

It depends on how intoxicated the person was. If they were found to be impaired, it could affect the types of claims that you can bring against them. If someone is so impaired that they are legally intoxicated, they could be held responsible based on the negligence per se. This essentially means that they have violated a vehicle code or a criminal statute, which makes them legally responsible for the accident. If that has been established, then they are automatically considered liable for a personal injury claim. The case will just be a matter of proving what damages you’ve suffered through your injuries.

Many of the commercial vehicle and/or trucking accidents I see in California are caused by speeding. Some truck drivers have a propensity for driving too fast, for various reasons. They also tend to make lane changes without ensuring that there is proper clearance to make that lane change. I also see many commercial vehicle and trucking accidents in California caused by inattention, texting, and being on a cellphone.

If you have been injured in a car accident, you may be wondering how your case will be evaluated. What will an attorney look for when determining if you have a valid claim? While every attorney's approach is slightly different, there are certain steps that are generally taken when it comes to examining the facts of a car injury case.

This article will discuss the basics of testifying in your car injury claim. We’ll cover topics such as what to expect in court, how to prepare for your testimony, and more.

Insurance companies may try to deny coverage in drunk driving cases.

Many people experience chest pain after being in a car accident. This article will answer some of the most common questions about chest pain after a car accident. We'll also provide some information on what you should do if you experience chest pain after a car accident.

Post-accident shock can be very dangerous, so it's important to understand what to look for and how to deal with it.

Here are the most critical distinctions between workers’ compensation and personal injury claims. We’ve also provided information on how to file each type of claim.

The FDA released a report February 4, 2021 indicating that Xeljanz and Xeljanz XR, medicines used to treat arthritis and ulcerative colitis, is linked to an increased risk of cancer and serious heart problems. Lawsuits are being filed and anyone who has used one or both of these medicines and then was diagnosed with cancer or a serious heart problem, needs to reach out to us to see if they qualify.