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Insurance company cannot force you to do a vocational rehab exam in a car accident case

There is no statutory authority to require a plaintiff seeking damages for los earnings or earning capacity to undergo a vocational rehabilitation examination by a vocational rehabilitation counselor, and a court has not authority to order such an examination. Haniff v. Super.Ct. (Hohman) (2017) 9 CA5th 191, 208, 214 CR3d 844, 857. If you’ve been […]

Undocumented aliens are entitled to future lost earnings in Santa Barbara Car Accident Cases

Evidence of a person’s immigration status is neither discoverable nor admissible in a personal injury or wrongful death action. Cal. Evid. Code section 351.2. If you have been injured in a car accident in Santa Barbara, don’t let insurance companies bully you about your immigration status. You are entitled to compensation, period If you have […]

Electronic Service

“Electronic service of a document is complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent. However, any period of notice, or any right or duty to do any act or make any response within any period or on […]

Multiple Car Accident- Who is at fault?

Have you been injured in a 3, 4, or 5 car vehicle collision? More then 5? Can you not decide you is responsible for your injuries? Fear not! California Civil Code § 1431.2 (aka Prop. 51), states each defendant driver’s liability for “noneconomic damages” i.e. pain and suffering is several only, not joint and several, […]

Trip and fall case. What’s the law?

To prevail on a premises liability cause of action, a plaintiff must prove (1) the defendant owned or controlled the property in question, (2) the defendant was negligent in its use or maintenance of the property, (3) the plaintiff was harmed, and (4) the defendant’s negligence was a substantial factor in causing the plaintiff’s injury. […]