Southern California Personal Injury Practice Areas and Legal Definitions

Insurance Claims:

Insurance claims are a notice for reimbursement from an insurance company when the insured has suffered a loss that is covered under the insurance policy. Under California law, insurance companies cannot refuse to pay a customer's claim without "reasonable justification." This means that an insurance company must engage in a reasonable investigation and pay legitimate claims in a timely manner. If an insurance company fails to handle its customer's claim properly, it may be held accountable for resulting economic losses, including lost wages, interest on money the insured borrowed to cover expenses while insurance benefits were wrongfully withheld, and loss due to damaged credit.

California Vehicle Accidents:

The law of negligence typically governs legal claims that arise from vehicle accidents. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.

Vehicle accidents can include:

Admiralty and maritime law
ATV accidents
Automobile accidents
Aviation accidents
Bicycle accidents
Boating accidents
Commercial bus accidents
Cruise ship accidents
Intersection accidents
Motorcycle accidents
Pedestrian accidents
Rear end collisions
Semi-tractor trailer accidents
School bus accidents
SUV rollover accidents
Train accidents
Truck accidents
Yacht accidents

California Automobile Accidents:

Los Angeles car accident Attorney Scott Marks has years of experience and a successful track record representing clients who have suffered significant injuries in automobile accidents. The Marks Law Firm works closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury. The Firm possesses a detailed comprehension of California’s automobile insurance and liability laws and understands the different sources of recovery available to car accident victims and their families.

California Motorcycle Accidents:

Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road. The lack of any substantial protective barriers, as well as the difficulty other motorists may have in seeing or stopping for a motorcycle, leaves riders prone to serious personal injury in the event of an accident. Southern California motorcycle accident lawyer Scott Marks can advise injured riders of their legal rights and discuss the litigation options that are available.

California Construction/ On the Job Accidents:

Construction labor makes up one of the three most dangerous occupations in the United States today, producing thousands of debilitating injuries and wrongful deaths each year. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment. Farming and manufacturing accidents, as well as the oil and gas industry can also cause serious injury and toxic exposure.

Toxic Exposure: Due to the tremendous growth of the corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly. Some toxic substances are shown to cause substantial injury to people; i.e., lead-based paint linked to brain damage, especially in children; asbestos linked to lung cancer and restrictice lung disease; dry cleaning and other solvents linked to brain damage and major organ damage; pesticides such as dioxin and DDT linked to birth injuries and toxic landfill waste linked to leukemia.

Construction site personal injury law is not practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to improper legal counsel. Injured construction workers are urged to seek a personal injury attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases.

California Slip and Fall/Premises Liability:

Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property. Premises Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents. In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions. Dangerous or defective conditions may be large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store, or snow and ice on the stairs of a restaurant need to be investigated quickly.

Defective Products:

Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals, and other defective products and equipment. A person injured by a defective or dangerous product may be eligible to file a lawsuit for products liability, and recover damages under one of the following categories: strict products liability, negligence, or breach of warranty.

California Dog/Animal Bites:

Every year millions of Americans are bitten by animals. Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effects. In the State of California, the owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone. As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained. Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring.

California Burn Injuries:

People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation.

California Traumatic Brain Injury:

Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance called cerebrospinal fluid. TBI can result when the force of momentum causes the brain to impact against the skull. This type of injury, often the result of hitting your head on the windshield, pavement, or object, is frequently referred to as a “closed head injury.” Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems.

California Wrongful Death:

A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in California, the following elements must be present:

The death of a human being caused by another's negligent or intentional conduct.
The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in California wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions, which the decedent would have made to his wife, children and/or parents, had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.

California Medical Malpractice:

Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills, or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

Failing to diagnose a tumor while reading an x-ray
Puncturing a nearby organ or tissue during surgery
Failing to order necessary and appropriate medical tests
Failing to diagnose a condition in time to treat it properly
Failing to refer a case to a medical specialist
Prescribing incorrect medication
Brain Injury
Birth Injury
Cerebral Palsy
Incorrect diagnosis that results in a failure to treat a medical condition
Failing to properly administer anesthesia
Emergency room negligence
Dental Malpractice
Cosmetic Surgery Malpractice

If you are a personal injury victim located in the city of Los Angeles, West Los Angeles, Encino, Woodland Hills, Sherman Oaks, Tarzana, Santa Monica or Reseda, California and need the assistance of an experienced serious injury lawyer, contact The Marks Law Firm today, at 866-640-9062, or complete the contact form provided on this site to begin your free consultation.