Los Angeles Personal Injury Law FAQs
If you have been injured in an accident, you likely have a lot of questions regarding how to go about getting the care you need as well as compensation from the negligent party responsible for your injuries. Below are answers to some of the questions the attorneys at the Law Offices of Kaiman, Greene & Associates frequently encounter as they help individuals in Los Angeles and southern California who have been hurt in car accidents or by dog bites, defective products or other incidents. If you have other questions, or if you need to speak with an attorney about a potential claim, please call 310-789-2030 for a free consultation with a knowledgeable, experienced and successful California injury attorney.
My car was hit in an intersection when the other car ran a red light, but the insurance company says I am also to blame because I was speeding, so they won’t pay my claim. Can they do that?
California follows the rule of pure comparative negligence, which means if you are considered partially at-fault in an accident, then your recovery is reduced in proportion to your negligence. The insurance company in this case may not be liable to you for all your damages, but they cannot simply reject your claim entirely on the basis of your speeding. You should hire an attorney to negotiate a settlement on your behalf. If a favorable settlement cannot be reached, the matter can be taken to court, where a jury will decide whether you were negligent and how much your own negligence may have contributed to the accident.
The driver who hit me sped off before I could even get a license plate number. Am I out of luck for recovering any compensation for the damage to my car and my injuries?
Not necessarily. Uninsured Motorist (UM) policies generally cover a hit and run, so if you have UM coverage included with your liability insurance policy, you can file a claim with your insurance company. Our attorneys can represent you in this process and help ensure that the insurance company doesn’t deny your claim or try to pay you less than you are fully owed. There are also ways to track down a hit and run driver, so it is definitely worthwhile to call our office for a free consultation about your accident.
I heard that dog owners are not liable for dog bite attacks if the animal hasn’t bitten anyone before, and the owner had no reason to know the dog might be dangerous. Is that true?
Not in California. While some states do have such a “one free bite” rule that only imposes liability where the owner knew or had reason to know that an animal was dangerous or vicious, California follows the rule of strict liability. If you were lawfully on public or private property and did not provoke the attack, the dog’s owner is likely responsible for your injuries regardless of whether they knew the dog was likely to bite.
How do you prove that a manufacturer was negligent in producing a defective product?
You don’t have to. Product manufacturers can be held strictly liable when they allow a dangerously defective product onto the market which winds up causing injury. This means it is not necessary to prove that the manufacturer was negligent, but only that the product was defective when it left the manufacturer’s control, and this defect caused the injury. Regardless, products liability cases are still very complex and challenging, but the attorneys at the Law Offices of Kaiman, Greene & Associates have the knowledge, skills and resources necessary to pursue justice against a manufacturer for dangerous product defects.