California Personal Injury Class Action

California Personal Injury Class Action | A class action is a lawsuit that has been brought by one or more plaintiffs on behalf of a larger group of people who have similar legal claims | #KnowYourInjuryRights | Ordaz Law, APC | (619) 550-3617.

California Personal Injury Class Action

 

California Code of Civil Procedure Section 382

…When the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all. CCP sect. 382.

California Personal Injury Class Action | Purpose

Courts long have acknowledged the importance of class actions as a means to prevent a failure of justice in our judicial system. By establishing a technique whereby the claims of many individuals can be resolved at the same time, the class suit both eliminates the possibility of repetitious litigation and provides small claimants with a method of obtaining redress. Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 434–435.

California Personal Injury Class Action | Class Defined

All of the plaintiffs together are called a “class.” The named plaintiff brings this action as the class representative. A plaintiff seeking to maintain a class action must be a member of the class he claims to represent. La Sala v. American Sav. & Loan Assn. (1971) 5 Cal.3d 864, 875.

California Personal Injury Class Action | Adjudication & Evidence

In a class action, the claims of many individuals can be resolved at the same time instead of requiring each member to sue separately. Because of the large number of claims that are at issue in a case, not everyone in the class will testify. A jury may assume that the evidence presented at trial applies to all class members. All members of the class will be bound by the result of the trial.

California Personal Injury Class Action

Ordaz Law, APC | California Personal Injury Class Action

Have you or a love one been a victim of a personal injury?  Do you feel like you are entitled to injury compensation for the pain and suffering you have suffered?  If your answer to both questions is yes, then it is time that you seek legal representation from a premier San Diego personal injury lawyer.  Based in central San Diego County, Juan J. Ordaz Jr. and his law office, Ordaz Law, APC, is always ready to help any individual and their families suffering from an injury producing incident that should never have happened in the first place. Read More

Free Consultations | No Recovery, No Fee

We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate lossesCall (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

California Personal Injury Class Action

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

Blog: Personal Injury

Blog: San Diego Personal Injury

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CACI – 115. “Class Action” Defined (Plaintiff Class)

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Juror Bias in Personal Injury Trials

Juror Bias | A juror’s verdict must be based solely on the evidence presented.  A juror must carefully evaluate the evidence and resist any urge to reach a verdict that is influenced by bias for or against any party or witness | #KnowYourInjuryRights | (619) 550-3617.

  • Continue to read and learn more about Juror Bias in Personal Injury Trials.

About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

Juror Bias

Juror Bias | Personal Injury Trials

Each one of us has biases about or certain perceptions or stereotypes of other people. We may be aware of some of our biases, though we may not share them with others. We may not be fully aware of some of our other biases.

Our biases often affect how we act, favorably or unfavorably, toward someone. Bias can affect our thoughts, how we remember, what we see and hear, whom we believe or disbelieve, and how we make important decisions.

As jurors people are asked to make very important decisions in a personal injury case. A juror must not let bias, prejudice, or public opinion influence their decision.  They must not be biased in favor of or against any party or witness because of his or her disability, gender, race, religion, ethnicity, sexual orientation, age, national origin, or socioeconomic status, or any other impermissible form of bias.

Juror Bias | Court’s Duty to Prohibit Bias

In all courtroom proceedings, jurors must refrain from engaging in conduct and prohibit others from engaging in conduct that exhibits bias, including but not limited to bias based on disability, gender, race, religion, ethnicity, and sexual orientation, whether that bias is directed toward counsel, court personnel, witnesses, parties, jurors, or any other participants.  See Standard 10.20(a)(2).

Judge Bias

A judge shall perform judicial duties without bias or prejudice. A judge shall not, in the performance of judicial duties, engage in speech, gestures, or other conduct that would reasonably be perceived as (1) bias or prejudice, including but not limited to bias or prejudice based upon race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, or socioeconomic status, or political affiliation, or (2) sexual harassment. See Canon 3(b)(5) of the California Code of Judicial Ethics.

juror bias

Ordaz Law, APC | Juror Bias in Personal Injury Trials

Have you or a love one been a victim of a personal injury?  Do you feel like you are entitled to injury compensation for the pain and suffering you have suffered?  If your answer to both questions is yes, then it is time that you seek legal representation from a premier San Diego personal injury lawyer.  Based in central San Diego County, Juan J. Ordaz Jr. and his law office, Ordaz Law, APC, is always ready to help any individual and their families suffering from an injury producing incident that should never have happened in the first place. Read More

Free Consultations | No Recovery, No Fee

We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate lossesCall (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

juror bias

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

Blog: Personal Injury

Blog: San Diego Personal Injury

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CACI – 113. Bias

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Insurance in Personal Injury Trials

Evidence of Insurance in Personal Injury Trials | A jury must not consider whether any of the parties in a lawsuit have insurance. The presence or absence of insurance is totally irrelevant. A jury must decide a case based only on the law and the evidence | #KnowYourInjuryRights | (619) 550-3617.

  • Continue to read and learn more about Insurance in Personal Injury Trials.

About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

Insurance in Personal Injury Trials

Insurance in Personal Injury Trials | Evidence Code Sect. 1555

Evidence that a person was at the time of their accident insured wholly or partially against any loss arising from liability for the harm they caused is inadmissible to prove negligence or other wrongdoing against them.  Evidence Code sect. 1155.

Insurance in Personal Injury Trials | Relevancy

As a general rule, evidence that a party to a lawsuit has insurance is both irrelevant and prejudicial.  Neumann v. Bishop (1976) 59 Cal.App.3d 451, 469.

Evidence that is determined by the trial judge to be irrelevant and prejudicial is excluded from evidence at the time of trial.

  • The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.  Evidence Code sect. 352.

Insurance in Personal Injury Trials | The Collateral Source Rule

Generally, evidence that an injured party was insured is not admissible under the collateral source rule.  Helfend v. Southern California Rapid Transit Dist. (1970) 2 Cal.3d 1, 16–18.

The Collateral Source Rule provides that any benefit received by an injured party from a source which is entirely independent of and collateral to the party who is responsible for the person’s injuries will not serve to reduce the damages otherwise recoverable from the wrongdoer.

Example Scenario 1:  Pat is rear-ended by Junior.  Junior rear-ended Pat because he was not paying attention to the stopped traffic in front of him.  Pat suffers injuries and is transported by ambulance to UCSD Medical Center. Pat’s medical bills total $43,000.00.  Pat’s health insurance pays these bills.  At the time of trial though, Pat may claim the $43,000.00 in medical expenses as part of the economic damages he sustained for being rear-ended by Junior.

Practice Pointer:  In this scenario (or most like it), Pat will not end up with a $43,000.00 windfall.  Pat’s medical insurance will either file a lien against him for any recovery of the medical bills claimed by Pat but which it paid, or make claim for reimbursement against him pursuant to their medical insurance contract.  Hence, my office would negotiate a reduction of the $43k so that Pat would recover some of the medical expense because of all the pain, suffering, time and anxiety he went through in order to recover for his injuries – which otherwise would not have been recovered at all.

Insurance in Personal Injury Trials

Ordaz Law, APC | Insurance in Personal Injury Trials

Have you or a love one been a victim of a personal injury?  Do you feel like you are entitled to injury compensation for the pain and suffering you have suffered?  If your answer to both questions is yes, then it is time that you seek legal representation from a premier San Diego personal injury lawyer.  Based in central San Diego County, Juan J. Ordaz Jr. and his law office, Ordaz Law, APC, is always ready to help any individual and their families suffering from an injury producing incident that should never have happened in the first place. Read More

Free Consultations | No Recovery, No Fee

We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate lossesCall (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

Blog: Personal Injury

Blog: San Diego Personal Injury

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CACI – 105. Insurance

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Survival Actions in California Personal Injury

Survival Actions and the Continuation of a Personal Injury Lawsuit | A pending personal injury lawsuit does not stop because of the death of the injury victim (the plaintiff) due to non-related accident injuries. See Cal. Code of Civil Procedure sect. 377.21 | #KnowYourInjuryRights | (619) 550-3617.

  • Continue to read and learn more about survival actions in California injury lawsuits.

About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

Survival Actions and the Continuation of a Personal Injury LawsuitSurvival Actions | Personal Injury

A person’s cause of action is not lost by reason of that person’s death, but survives subject to the applicable limitations period.  Cal. Code of Civil Procedure (CCP) sect. 377.20.  On motion, the court shall allow a pending injury lawsuit that does not abate to be continued by the decedent’s personal representative (if one appointed by the decedent prior to their death) or a successor(s) in interest if no representative was appointed.  CCP sect. 377.31.

Survival Actions | Successor In Interest

The decedent’s successor in interest is the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action. CCP sect. 377.11.

Who May Be a Successor In Interest?

Any cause of action of a decedent not effectively disposed of by will passes to the decedent’s heirs.

To the Surviving Parents:  The entire cause of action if the decedent was not married and did not leave any surviving children.

To the Surviving Spouse:  The entire cause of action if the decedent did not leave any surviving children.

To the Surviving Children:  The entire cause of action if the decedent did not leave any surviving parents or spouse.

See Cal. Probate Code sect. 6401 for shares of intestate succession when there is a surviving spouse, child and or parent.

Survival Actions | Limited Damages

In an action by a decedent’s successor in interest on the decedent’s cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive damages that the decedent would have been entitled to recover, but do not include damages for pain, suffering or disfigurement. CCP sect. 377.34.

Example Scenario 1:  Adrian Delfino was hit by a car in a crosswalk. He suffered non-fatal personal injuries and incurred lost wages along with medical bills. Unable to resolve this issue before litigation, he filed a lawsuit. Unbeknownst to all, Mr. Delfino became ill and passed away from natural causes. He left no surviving spouse (since he was divorced) but did leave 2 surviving adult children. Here, my office would motion to court to have Mr. Delfino’s surviving children be named as successors in interest so that they may recover the last wages and medical bills incurred by Mr. Delfino during his lifetime.

Survival Actions

Ordaz Law, APC | Survival Actions

Have you or a love one been a victim of a personal injury?  Do you feel like you are entitled to injury compensation for the pain and suffering you have suffered?  If your answer to both questions is yes, then it is time that you seek legal representation from a premier San Diego personal injury lawyer.  Based in central San Diego County, Juan J. Ordaz Jr. and his law office, Ordaz Law, APC, is always ready to help any individual and their families suffering from an injury producing incident that should never have happened in the first place. Read More

Free Consultations | No Recovery, No Fee

We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate lossesCall (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

Blog: Personal Injury

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Intentional Criminal Acts and Premises Liability

Intentional Criminal Acts Premises Liability | The act of a third person in committing an intentional act (crime) is a superseding cause of a person’s harm unless the property owner / occupier / manager / etc. realized or should have realized that the likelihood of such a crime might have been committed against the injury (crime) victim | #KnowYourInjuryRights | (619) 550-3617.

  • Continue to read and learn more about intentional criminal acts premises liability.

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We have recovered millions on behalf of accident injury victims.

Intentional Criminal Acts Premises Liability Negligence | Elements

The elements of a cause of action for negligence are well established. They are as follows:

Premises Liability | Negligence

Premises liability is a form of negligence and is described as follows:

Business Proprietor’s Liability for the Criminal Conduct of Others

An owner of a business that is open to the public must use reasonable care to protect its patrons from another person’s harmful conduct on their property if the owner can reasonably anticipate such conduct. CACI 1005

A business owner is not an insurer of the safety of their customers but they are required to exercise reasonable care for the safety of their patrons and they may be liable for injuries resulting from a breach of this duty. The general duty includes not only the duty to inspect the premises in order to uncover dangerous conditions, but, as well, the duty to take affirmative action to control the wrongful acts of third persons which threaten their customers where the business owner has reasonable cause to anticipate such criminal (or negligent) acts and the probability of injury to someone. Taylor v Centennial Bowl, Inc. (1966) 65 Cal.2d 114, 121.

Example Scenario 1: Robert is playing softball at the Santee Sportsplex and begins to showboat. A player from the opposing team gets upset at Robert for his antics and begins to jaw at him, making physical threats against him. Sportsplex officials become aware of the players threats and intervene. They escort the other player (with all his softball gear, bat, etc.) from the fields but not from their parking lot. This other player had, had a history of making similar threats, on a weekly basis, to other players but it had never escalated to the point that it had been needed that this player be escorted out of the fields. Robert continues to play and drink after the game at the Sportsplex. After Robert finishes, he walks out of the fields and to his car where he is confronted by this other player. The player hits him with a bat rendering Robert unconscious and breaking his jaw. Robert now has a closed heard injury and suffering the residual symptoms of headaches, dizziness and a loss of concentration. Here, it would be argued by my office that the Santee Sportsplex was under a duty to protect Robert from this menacing player who had, had a history of physical threats against others since they were aware not only of his current threats but others. They failed to protect Robert when they failed to escort the player out of the Sportsplex property in its entirety, breached their duty to inspect their parking lot where they would have discovered that this player was still angry and waiting for Robert to attack him.

Intentional Criminal Acts Premises Liability | Jury Question

Once a court finds that the defendant was under a duty to protect the victim, it is for the fact finder to decide whether the security measures were reasonable under the circumstances. The jury must decide whether the security was adequate. Isaacs v. Huntington Memorial Hospital (1985) 38 Cal.3d 112, 131.

Intentional Criminal Acts Premises Liability

Ordaz Law, APC | Intentional Criminal Acts Premises Liability

Have you or a love one been an injury victim of an intentional criminal acts premises liability?  Do you feel like you are entitled to injury compensation for the pain and suffering you have suffered?  If your answer to both questions is yes, then it is time that you seek legal representation from a premier San Diego personal injury lawyer.  Based in central San Diego County, Juan J. Ordaz Jr. and his law office, Ordaz Law, APC, is always ready to help any individual and their families suffering from an injury producing incident that should never have happened in the first place. Read More

Free Consultations | No Recovery, No Fee

We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate lossesCall (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

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Bed Bugs & Personal Injury Claims

Bed Bug Personal Injury | Pursuant to Cal. Civil Code section 1941.1(a)(6), an apartment, hotel room or any other “dwelling” which is rented or leased, must be “free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.” | #KnowYourInjuryRights | Call  (619) 550-3617 to schedule your free consultation with a premier San Diego personal injury attorney.

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About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

Bed Bug Personal Injury

What is a Bed Bug?

Bed Bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.

Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days. Bed bugs can survive for months without feeding.

Bed Bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person’s reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all.

Common Signs and Symptoms of a Possible Bed Bug Infestation

Common signs and symptoms of a bed bug infestation include:

  • Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls.
  • Molted bed bug skins, white, sticky eggs, or empty eggshells.
  • Very heavily infested areas may have a characteristically sweet odor.
  • Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping.

However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.

Cal. Civil Code 1954.602 | Bed Bug Infestation

Cal. Civil Code 1954.602 reads:

(a) A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation.
(b) This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section.

Bed Bug Personal Injury | Claims and Lawsuits

Bed Bug Personal Injury Claims and Lawsuits typically plead the following causes of action:

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Ordaz Law, APC | Bed Bug Personal Injury

Have you or a love one been an injury victim?  Do you feel like you are entitled to injury compensation for the pain and suffering you have suffered?  If your answer to both questions is yes, then it is time that you seek legal representation from a premier San Diego personal injury lawyer Based in central San Diego County, Juan J. Ordaz Jr. and his law office, Ordaz Law, APC, is always ready to help any individual and their families suffering from an injury producing incident that should never have happened in the first place. Read More

Free Consultations | No Recovery, No Fee

We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate lossesCall (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

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Immigration Status in Personal Injury Claims

Immigration Status in Personal Injury Claims | California Assembly Bill 2159 provides that, in civil actions for personal injury or wrongful death, evidence of a person’s immigration status is not admissible and discovery of a person’s immigration status is not permitted | #KnowYourInjuryRights | Call  (619) 550-3617 to schedule your free consultation with a premier San Diego personal injury attorney.

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About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

Immigration Status in Personal Injury Claims

Immigration Status | Evidence Code

Enacted in August 2016, Section 351.2 of the California Evidence Code reads:

(a)  In a civil action for personal injury or wrongful death, evidence of a person’s immigration status shall not be admitted into evidence, nor shall discovery into a person’s immigration status be permitted.

Effective 2016, the defense, in any personal injury can no longer divulge a claimant’s immigration status to a jury.

Immigration Status in Personal Injury Claims

Practically speaking, defense counsel may now only inquire into a person’s immigration status if their inquiry is relevant to the issue at hand.  Relevant evidence includes any evidence relevant to the credibility of a witness that has any tendency to prove or disprove any disputed fact.  Cal. Evidence Code section 210

Example Scenario 1:  Luis is an undocumented person who was severely injured in a trucking accident. He is now in a wheelchair which makes traveling back home to Mexico, let alone anywhere, very hard. As part of his damages he claims a lost of enjoyment for being unable to see his wife back home (his wife is a Mexican national with no ability to come to the United States). Here, the court may allow defense counsel to inquire into Luis’ immigration status if only to discredit this loss of enjoyment claim (before the eyes of the court only).

Practice Point: In the above scenario it would of course be foolish to make such a loss of enjoyment claim when Luis had no ability to freely cross the border because of his immigration status.

Immigration Status in Personal Injury Claims | Historically

Prior to Evidence C. sect. 351.2, a person’s immigration status could be divulged to a jury only if a judge determined, in private and away from the jury, that the injury claimant was indeed subject to deportation i.e. had not done anything to cure his immigration status since the date of their subject injuries.  If a person’s immigration status was allowed to be divulged to a jury, the person’s immigration status played heavily in determining future lost wages as well as future medical bills – as well as any other effects a victim’s status had on a juror’s preconceived biases.

Rodriguez v. Kline (1986) 186 Cal. App. 3d 1145:  If the court’s decision following a hearing is in the plaintiff’s favor, then all evidence relating to the injury victim shall be excluded and their projected earning capacity may be computed upon the basis of their past and projected future income in the United States.  Should the defendant prevail, then evidence of the plaintiff’s future earnings must be limited to those they could anticipate receiving in their country of lawful citizenship.

Immigration Status in Personal Injury Claims | Future Economic Damages

Because of the new law then, there is no potential limiting factor in awarding future medical damages or future lost wages to an undocumented person.

Example Scenario 1 (cont’d.):  At the time of his trucking accident, Luis was 36 years old working as a dry-waller at $25.00 p/hr. He worked 40 hours a week. Since he is now in a wheelchair, he will no longer be able to work and has a future lost wage claim that will be determined by calculating his yearly wage (x) the number of year in his work life expectancy (-) discounted by present day value, which amounts to well over a million dollars – instead of hundreds/thousands and the backlash of a juror’s biases.

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Ordaz Law, APC | Immigration Status in Personal Injury Claims

Have you or a love one been an injury victim?  Do you feel like you are entitled to injury compensation for the pain and suffering you have suffered?  If your answer to both questions is yes, then it is time that you seek legal representation from a premier San Diego personal injury lawyer Based in central San Diego County, Juan J. Ordaz Jr. and his law office, Ordaz Law, APC, is always ready to help any individual and their families suffering from an injury producing incident that should never have happened in the first place. Read More

Free Consultations | No Recovery, No Fee

We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate lossesCall (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

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Cyberbullying, Teenagers and Civil Suits

Cyberbullying, Teenagers and Civil Suits | Have you been the victim of a cyberbully?  Or worse, is your child a victim of a cyberbully? #KnowYourInjuryRights.  Call  (619) 550-3617 to schedule your free consultation with a premier San Diego personal injury attorney.

  • Continue to read and learn more about Cyberbullying, Teenagers and Civil Suits.

About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

Cyberbullying, Teenagers and Civil Suits

Cyberbullying | Defined

Cyberbullying is the use of computers, cell phones and any other electronic device to intimidate or harass through text, instant messaging, email, etc. It is a willful and usually repeated act designed to inflict some type of harm on its victims.  According to bullyingstatistics.org, over half of adolescents and teens have been bullied online. As of 2016, most every state had enacted anti-bullying laws however there is a variance in what is included, what is mandated and whether criminal and / or civil penalties apply.

School Cyberbullying | Fourth Amendment

Two federal circuit courts of appeal have held that cyberbully is not protected by the Fourth Amendment.  The Fourth Amendment protects a person’s freedom to express their views, even those repugnant to others.

Kowalski v. Berkeley County Schools (4th Cir. 2011) 652 F.3d 565: Court held that a school could regulate off-campus speech by determining that speech originating outside of the schoolhouse gate but directed at persons in school and received by and acted on by them at school, as in fact in-school speech. In that case, because it was in-school speech, its regulation would be permissible (as well as be considered vulgar and lewd). See also Wilson v. Lee’s Summit Sch. Dist (8th Cir. 2012) 696 F.3d 771.

Restatement of (Second) of Torts Section 316

“A parent is under a duty to exercise reasonable care so to control his minor child as to prevent it from intentionally harming others or from so conducting itself as to create an unreasonable risk of bodily harm to them, if the parent (a) knows or has reason to know that he has the ability to control his child, and (b) knows of or should know of the necessity and opportunity of exercising such control.”  The Restatement (Second) of Torts section 316.

  • Note: Restatements are not law. They are merely suggestions on the law.

Non-Statutory Parental Liability | California Law

California law mirrors the Second Restatement and holds that parents are responsible for the harm caused by their child when it has been shown that the parents previously became aware of habits or tendencies of the child which made it likely that that child would misbehave.  Reida v. Lund (1971) 18 Cal. App. 3d. 698.

Cyberbullying | Parent Responsibilities

At least one court has found that parents have an affirmative responsibility to supervise their minor children’s activities online.  In Boston, et al v. Athearn (Ga. Ct. App. 2014) 326 Ga. App. 890, the court concluded that parents could be held liable for negligence for failing to take reasonable action to prevent their child’s actions (creating a fake Facebook profile) from harming another.

Cyberbullying, Teenagers and Civil Suits

Ordaz Law, APC

Cyberbullying, Teenagers and Civil Suits

Have you or a love one been a victim of a cyberbully?  Do you feel like you are entitled to injury compensation for the pain and suffering you have suffered?  If your answer to both questions is yes, then it is time that you seek legal representation from a premier San Diego personal injury lawyer Based in central San Diego County, Juan J. Ordaz Jr. and his law office, Ordaz Law, APC, is always ready to help any individual and their families suffering from an injury producing incident that should never have happened in the first place. Read More

Free Consultations | No Recovery, No Fee

We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate lossesCall (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

We are for Justice no Matter Who it’s for or Against.

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Social Media, Public Schools, and the Law

CACI 410. Parental Liability (Nonstatutory)

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Normal Heights Car Accident Lawyer

Were you injured in a car accident? Are you missing time from work? Do you have medical bills? #KnowYourInjuryRights | Call a Normal Heights Car Accident Lawyer who proudly represents our community and offers free consultations to your home. Schedule your free consultation today|(619) 550-3617.

  • Continue to read and learn more about car accident claims and lawsuits from a premier San Diego personal injury lawyer.

About Ordaz Law, APC - A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

normal heights car accident lawyer

What Should You Do After a Car Accident?

If you were injured in a car accident you can maximize your injury compensation by:

  1. Seeking Immediate Medical Attention;
  2. Collecting Witness Statements;
  3. Photographing any Vehicle Damage;
  4. Continuing with your Medical Care; and
  5. Calling a Premier Normal Heights Car Accident Lawyer | (619) 550-3617.

What are Your Car Accident Injury Rights?

If you were injured in a car accident, you may claim damages. Damages include:

  1. Pain, Suffering and Emotional Distress;
  2. Loss of Enjoyment of Life;
  3. Lost Wages; and
  4. Medical Bills.

Past and Future damages may be claimed for all of the above.

Wrongful death damages, if applicable, may also be claimed and attained.

a san diego community of normal heights personal injury lawyer

About Ordaz Law, APC

Have you or a love one been a victim of a car accident? Do you feel like you are entitled to injury compensation for the pain and suffering you have suffered? If your answer to both questions is yes, then it is time that you seek legal representation from a premier San Diego personal injury lawyer who proudly serves the Normal Heights community. Based in Downtown San Diego, Juan J. Ordaz Jr. and his law office, Ordaz Law, APC, are always ready to help any individual and their families suffering from an injury producing incident that should never have happened in the first place. Read More

Normal Heights Car Accident Lawyer

Ordaz Law, APC is the law office of personal injury lawyer Juan J. Ordaz Jr.  Known throughout the legal community for his dedication and perseverance, Juan J. Ordaz Jr. prides himself on the devotion he dedicates towards the representation of his clients' injury cases. He is a Normal Heights Car Accident Lawyer focused on excellence and client satisfaction. He provides quality legal help and representation to all his clients | Call today (619) 550-3617.

Personal Injury

Personal injury claims or lawsuits are generally based on a claim of negligence. Negligence is the failure to use reasonable care to prevent harm to oneself or to others.

Car Accident

Car accident injuries may be severe and life threatening resulting in wrongful death.  Other injuries are slow to manifest and even slower to heal | #KnowYourInjuryRights

normal heights Car Accident Lawyer

Learn More:

Normal Heights Personal Injury Lawyer

Blog: Personal Injury

Blog: San Diego Personal Injury

Blog: Car Accidents

Normal Heights Car Accident Lawyer

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Online Social Networks | Personal Injury

Be aware that insurance companies and defense lawyers can and will access your online social networks including but not limited to Facebook, Snapchat, Twitter and Google+.

  • Continue to read and learn more about online social networks and your personal injury claim and lawsuit.

About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

Online Social Networks

Online Social Networks | Notice

In order to prevent your posting on online social networks from impacting your personal injury case, do not post anything about your claim or lawsuit.

DO NOT POST | Online Social Networks

Do not post:

  • A description of the incident;
  • Descriptions of your property / car damage;
  • Photos of the incident, vehicles or injuries;
  • Descriptions of any medical treatment;
  • Updates on your injury;
  • Updates on you physical condition;
  • Descriptions of how your feel; or
  • Comments or descriptions regarding your case or any litigation.

Online Social Networks

Ordaz Law, APC | Online Social Networks

Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a personal injury lawyer in San Diego County.   We help victims suffering from a variety of injuries, who have sustained their injuries through different types of injury producing events. We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses. Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

Blog: Personal Injury

Blog: San Diego Personal Injury

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