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Categories
Personal Injury

Do You Need Personal Injury Protection In Los Angeles?

Do I Need Personal Injury Protection

Do you need personal injury protection? If you suffered an injury because of the negligence of another person, we have a few tips to get you started.

Do you need personal injury protection?

Personal injury law protects people who are injured by the negligence of another person.

If you’re injured by a reckless driver, injured while in the care of a medical professional, or bit by a dog, you may want to pursue legal action. A personal injury lawyer can help you file a personal injury claim, and depending on the factors involved, seek compensation to cover the cost of medical bills, lost wages, and other expenses.

But how do you know if you can make a claim?

Let’s take a closer look.

Determining fault

The first step is determining negligence – who was at fault for the injury?

You have grounds for making a personal injury claim if the other person or party was responsible for the injury. There are four conditions which must be met before the personal injury claim can be made:

  1. The person or party being charged with fault must have owed you (the plaintiff), a duty of care.
  2. Somehow, the party being charged must have behaved negligently and disregarded this duty of care.
  3. The negligence led directly to your accident.
  4. You suffered harm as a direct result of a general accident. Your injuries are real and require medical attention.

In California, there also is a time limit for filing a personal injury claim. The state’s statute of limitations gives an injured person a two-year period from the date of the injury to go to court and file a claim. After that, there is a good chance the case will not be heard.

California limits on injury damages

In addition to the statute of limitations that limits the time to make a claim, there are other limits depending on the type of claim made.

In California, most uninsured drivers cannot recover non-economic damages from a car accident – even if the other driver is completely at fault. Non-economic damages claimed are typically pain and suffering or inconvenience.

There is an exception to this rule, however, and that is if the other driver is convicted of DUI for drugs or alcohol in relation to the accident. In this case, non-economic damages may be considered.

Also in California, there is a limitation on non-economic damages in cases of medical malpractice. Based on the Medical Injury Compensation Reform Act (MICRA), the limit is $250,000.

Worker’s compensation laws

Personal injury laws have grown out of the “common law rules” that date back to colonial times. These laws were made by judges rather than legislatures or passed in bills and statutes.

Common laws are similar but do vary from state to state. Personal injury laws, therefore, can also vary from state to state. Legislatures in different states have passed legislation or statutory laws that relate to personal injuries.

As an example, states passed legislation on worker’s compensation laws which essentially took all cases of work-related injuries outside the personal injury realm. Worker’s compensation became the primary or exclusive remedy for those who were injured.

If you are injured at work, this may be the right avenue for you to pursue. But a qualified personal injury lawyer can evaluate your situation and advise you on the right decision and course of action.

California shared fault laws

Some states have “no-fault” laws where an injured driver doesn’t have to prove another driver is “at fault” for an accident in order to receive personal injury compensation. The injured person’s insurance company pays the claim.

These laws are intended to free up the court systems and save time/money for insurance companies and consumers in general. The injured person’s insurance company pays the claim. This form of compensation is called Personal Injury Protection (PIP).

California is not one of these states. It is a “shared fault” state.

In some personal injury cases, the defendant may claim that you were partially at fault for your injury. If it is decided that you do share some level of liability, this can affect the compensation you receive from the person or company that harmed you.

If shared fault is determined in injury cases, the state of California follows a “pure comparative negligence” rule. That basically means the amount of compensation you may be entitled to receive will be reduced by an amount equal to your percentage of fault for the accident.

For example, if you are in a car accident where the other driver ran a stop sign and hit you but you were going a few miles over the speed limit yourself, you might be held responsible for 10 percent of the accident.

If the damages turn out to be $10,000, you would be responsible for $1000, and the defendant, $9,000.

California “strict liability” laws

As opposed to “shared liability” in some cases, there are other cases where “strict liability” laws apply. If a dog bites you in California, the pertaining statute says the dog owner is legally responsible in most situations, and no amount of fault or negligence needs to be shown.

The statute reads “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”

This is different than in other states where the “one bite rule” is allowed, and dog owners are protected the first time their dog bites someone – if they had no reason to think their dog was dangerous. But the rule does not apply in California.

So, if you own a dog in California, be aware of your responsibility to others. And if you are bitten and your injury needs care, be just as aware that you may have cause for a personal injury claim.

An attorney can strengthen your case

Many factors are considered when insurance companies value your personal injury case. They look at the likelihood your attorney will take the case to court and how the jury may see the case.

They will look at whether their client is fully at fault or whether there is shared fault. They will look at the character and reputation of both you and their client relative to the community.

And they will look to see if their client committed any crime or broke any laws or acted in a reckless way.

Having a qualified personal injury attorney will give you the best chance to make and win your case and establish the maximum compensation possible for you.

 

Categories
Personal Injury

The Importance of Senior Citizen Legal Protection

Senior citizens in Los Angeles are vulnerable to scams, crimes, and harassment. Here’s how a local senior citizen legal services program can help.

Do you need senior citizen legal protection?

A senior citizen in California is anyone over the age of 65, a time to enjoy the fruits of a life of labor and sacrifice and have the respect of a society that recognizes life-long contributions.

As a senior in Los Angeles County, you are now more vulnerable to any number of scams, crimes, harassment, emotional stress and other injustices as well as potential injuries – just because you are an elder citizen.

Typical issues facing elders include age-related job discrimination, lack of access to medical treatment, vulnerability to abuse of all kinds including physical, mental, emotional and social, and society’s misconceptions of your ability/disability just because of age.

Your life as a senior citizen is now regulated by local, state and federal laws. You rely on the government for income, possibly housing and medical care. And you may find it difficult or confusing to work with the many different agencies involved, especially if you have some problem or grievance you need help with.

Many senior citizens decide they want to make a will to leave their possessions to their loved ones. Some want to move, and both sell and buy property. Other seniors have trouble with their landlord and feel they are not being treated fairly or feel they are living in unsafe conditions. They may face eviction or loss of their homes.

Job-related stress and unfairness are typical concerns for many seniors. They may be passed over for a promotion or treated differently than other workers. They may even have been fired without understanding exactly why.

Health insurance is a problem for may elders because they are not receiving their entitled benefits from Social Security, Medicare, Medicaid, Supplemental Security Income, or the Veteran’s Administration. They may not be getting the pension they expected – and paid for.

Personal issues for elders are everywhere. They may need medical attention more frequently. They may need to care for others in their family. They may have problems with visitation rights for grandchildren if their children divorce or separate. They may be going to a nursing home or retirement home against their will. They may be harassed by bill collectors. The list goes on and on.

California recognizes seniors as a “protected party”

Citizens in California who reach age 65 are considered a “protected party.” This has significance for seniors because not only do they have protection from many cases of abuse, but that protection comes with more severe penalties for those guilty of the abuse.

Civil Code 3345b is a statue that gives seniors “significantly elevated damages” if a judge believes that a senior was targeted due to their vulnerability.

Those elevated damages can be three times the normal penalty for a similar charge. The statute states that the court “may impose a fine, civil penalty or other penalty, or other remedy in an amount up to three times greater than authorized by the statute, or, where the statute does not authorize a specific amount, up to three times greater than the amount the trier of fact would impose in the absence of that affirmative finding.”

A qualified attorney who is experienced with elder law can use this statute as well as legal precedents in other cases too often get cases resolved out of court because the threat of penalty is so large.

Someone who cheats or steals from a senior citizen will think twice knowing they might have to pay not only what they stole but three times that amount if found guilty, and they are ready to settle quickly.

California has elder abuse laws

California’s “elder abuse” laws cover a wide variety of crimes and adverse activities against seniors. These issues are addressed by California’s elder abuse statute Penal Code 368 PC and include acts such as physical abuse, emotional abuse causing mental suffering, neglect, and endangerme­­nt, and financial exploitation.

Physical abuse against a senior citizen involved the use of physical force that is likely to result in physical pai8n, impairment or injury. Typical examples include hitting, beating, pushing, kicking, slapping and burning. The charge can also come from excessive physical restraints or drugs or holding someone against their will.

Emotional abuse or psychological abuse is an act that causes emotional distress, anguish or pain. Examples are verbal abuse, intimidation, humiliation, threats or insults, and harassment.

Neglect is defined as a caregiver’s failure to fulfill his or her duty to provide the care needed by an elderly person. This applies to individuals and to nursing homes and other care facilities­­.

Neglect can be either active (intentionally withholds care) or passive (unable to fulfill duties because of stress or lack of resources, etc­.).

Financial abuse covers a wide range of crimes that defraud senior citizens in some way. Examples are theft, cashing checks without authorization, forging signatures, misusing money or possessions, and misusing power of attorney or guardianship.

Penalties for elder abuse can be heavy

Under California Penal Code 368 PC, penalties for elder abuse can be significant and depend on whether the abuse is a misdemeanor or a felony. Elder abuse in California law is called a “wobbler” meaning prosecutors can charge abuse either way. The most significant elements in the decision to go one way or another are the facts of each case and the criminal history of the defendant.

Misdemeanor elder abuse can result in informal probation, a one-year jail sentence, a fine of $6,000 or $10,000 (repeated offense), restitution, and possibly counseling.

Felony elder abuse can result in two to four years in state prison.

There are offenses related to elder abuse

In addition to elder abuse crimes, California recognizes other crimes of similar nature, either because they share elements with elder abuse or are often committed with elder abuse.

California Penal Code 242 PC battery refers to the willful and unlawful use of force or violence upon another person. If committed against an elder person, the charge could be both battery and elder abuse.

Penal Code 261 PC rape is nonconsensual sexual intercourse and if accomplished with an elder through use of force or threats, could result in both charges of rape and elder abuse.

Killing an elder person could result in charges of elder abuse and either murder (Penal Code 187 PC murder) or manslaughter (Penal Code 192 PC involuntary manslaughter).

If an elder person is threatened with harm, placed in fear, and actually harmed, the charge could be elder abuse and criminal threats (Penal Code 422 PC criminal threats).

These are just a few of the kinds of abuses that threaten senior citizens in California. When you think of the extent of such abuse, you may want to think about the legal protection you might need if it happens to you.

 

Categories
Personal Injury

Why You Need Personal Injury Protection

Working with a personal injury attorney in Los Angeles can protect you from financial hardship so you can afford the medical attention you need.

In California as in other states, you need personal injury protection because if you are injured by someone else, you may be entitled to compensation for that injury. A personal injury attorney can help you obtain the best outcome for any such injury. A basic understanding of personal injury law will be helpful to you should such an injury situation occur.

Personal injury law refers to the legal defense process involved in civil lawsuits brought as a result of wrongful conduct, in legal terms, a “tort.” The word comes from a Latin term meaning wrong, harm or twist.

A tort action involves a private party, a plaintiff, who seeks compensation for the harm caused by the actions of a defendant. This differs from criminal law where the government prosecutes a wrongdoer.

Negligence

Personal injury law in most cases is based on the principle of negligence, which requires all members of society to act responsibly and not put others at risk. But negligence is not always involved when someone does get hurt. Some accidents are just unavoidable. To establish negligence, a plaintiff has to show that a reasonably intelligent and prudent person would have acted differently than the defendant in the same circumstance.

Negligence can come from drunk drivers who cause accidents or medical professionals who are careless and cause medical complications, defective products, and many other situations where people act irresponsibly by ignoring the possible risk to others.

In addition to negligence, there are other causes of actions that can result in personal injury. Many of these can be classified as intentional torts where a defendant acts to purposely harm the plaintiff. Examples include assault, battery, trespassing, theft, and causing emotional distress.

Strict liability

While some torts are intentional, there is another class of torts where defendants tried to avoid causing harm but were still held accountable and liable. These are referred to as strict liability.

Strict liability can occur if the defendant is engaged in a dangerous activity such as building demolition or the transportation of hazardous material, and an injury occurs. The defendant is held to be strictly liable – even if the actions were legal and proper precautions were taken.

Defective products

A manufacturer who designs and sells an unsafe product that results in personal injury can be held liable because of negligence. There are other situations where products can cause injury, and these can result in legal action under the strict liability principle.

If many plaintiffs are injured by the defective product, a large class action lawsuit can be brought against the defendant, with the potential for significant money judgments.

Defendants try to argue that the plaintiff did not use due care and is responsible in part or in full for the resulting injury. They may also claim that, by voluntarily participating in the activity, the plaintiff assumed any risk. Another claim is that the plaintiff implied that the defendant had permission to take the action that resulted in injury.

A good personal injury lawyer can recognize these arguments and is experienced in dealing with them. Having such a lawyer on your side can improve your chances for a positive outcome.

Common law and the elements of negligence

In the US, most states follow a legal tradition called “Common Law” that dates back to England and the colonial days. Certain legal principles have evolved and remain relatively constant from state to state.

Regarding negligence, Common Law has led to the identification of four basic elements or conditions that are necessary for the legal interpretation of a negligent act. They are duty, breach, causation, and damages.

The duty of care refers to the legal obligation of an individual or company to adhere to a standard of reasonable care when their acts could possibly harm others. An example would be to not shoot off fireworks in a crowd or not light fires too close to a neighbor’s house.

Breach is a violation of duty where someone fails to do what he or she is supposed to do according to the duty of care. Setting off fireworks in a crowd is a breach of duty of care.

Breach of duty is not enough to show negligence. While this could cause harm to someone, there needs to be the actual cause of harm. Causation connects breach to injury. If setting off fireworks in a crowd does not cause injury to anyone, there is no causation and no connection between the act and an injury.

But if an injury does occur, like someone getting burned or having a loss of hearing when the fireworks go off, then they may have a good case for causation and negligence.

The fourth element of negligence is damaged. If someone is startled by the sound of the fireworks or has to shield his eyes from the bright displays, he may be unhappy or even mad. But there is probably no real harm involved.

Being burned or losing hearing is harmful enough to cause damage. This could lead to medical bills, pain and suffering, and possible disability. A qualified attorney can help you sue for appropriate compensation for your injury and damages.

Compensation

After negligence is established in a personal injury case, the issue of compensation arises for whatever damages resulted from the plaintiff’s injury. Some monetary damages are fairly easy to calculate, like medical bills or property damage.

But there are other damages more difficult to ascertain. These include emotional distress and loss of income or earning capacity. It is also possible to identify punitive damages for especially harmful or egregious acts. In these cases, the testimony of witnesses or experts in some field may be required.

Compensation for damages may go beyond the responsibility of the named defendant. While the person who harmed the plaintiff directly could be a driver, construction worker, store clerk, or someone else, there can be other responsible parties like an employer, manager, landlord, etc., who could also be sued. This is why it is important to have a qualified personal injury attorney who can look beyond the obvious and determine who has the financial resources to pay a large judgment in the injury case.

Statute of limitations

If you are injured, you may be confused as to what to do next. Certainly taking care of any immediate medical concerns is a top priority. If you feel you have a case for personal injury due to negligence, you should consider consulting with a personal injury attorney. He or she can help you with the legal process and protect you from missing the deadline for filing a lawsuit, called the statute of limitations.

The statute of limitations varies by state. In California, it is generally two years from the time of the incident or two years from the time that the injury was, or should have been, reasonably discovered. But there are other limitations for situations like medical malpractice, wrongful death, intentional torts, and child personal injury.

Finding a personal injury attorney is extremely important for you to file a timely, proper claim, go through the legal process effectively, and receive the compensation you deserve. And the best way to find that attorney is through a qualified and certified attorney referral service.

 

Categories
Personal Injury

Bicycle Accidents on the Rise in California

The weather in California affords many people the opportunity to head out on their bike for a fun ride or to commute, and the added health benefits have pushed the number of people taking to the activity even higher in recent years. Unfortunately, that means the chances for bicycle accidents are higher, too.

Even though cycling has become the norm in many California cities, motorists and urban planning have been relatively slow to adapt. Cars, which should by now be used to higher numbers of cyclists sharing the road with them, are still involved in an alarming number of preventable bicycling accidents. California is one of the top three states for them, too — 128 cyclists died in crashes in California in 2014, with only Florida recording a slightly higher number of cycle crash fatalities that year.

In these collisions, it’s usually the cyclist who pays the most serious price in terms of injuries due to the fact that their bodies are exposed more to the elements and less protected than a person inside a vehicle. Even a car going at a slow speed can throw a cyclist into oncoming traffic or other dangerous situations.

Bigger City, More Accidents

The bigger the city, the more likely there are a lot of bicyclists commuting to work or on their bike for recreation. Big California cities like San Diego, San Francisco, and Los Angeles have become popular places for cycling, but the layout of these cities means it’s not always safe for the rider.

Even with bike lanes, motorists have a tendency to drift into the bike lane or lose their focus and sideswipe someone. Southern California has been home to many bicycle accidents and it’s a growing trend, leading some activists in the area to paint cycles white and leave them near intersections where a cyclist was killed.

According to the U.S. Department of Transportation, bicycle accidents are a problem nationwide, too. More than 8,000 cyclists die on an annual basis and a further 700,000 were hurt in car crashes in the last 10 years alone. There are also circumstances where a cyclist could be at fault for an accident, further complicating the legal landscape of a personal injury claim.

Preventing Bicycle Accidents

Many bicycle accidents, fortunately, are completely preventable. Both cyclists and motorists can do a better job of paying attention and sharing the road to minimize some of the damage and devastating injuries linked to bicycle accidents.

California law requires motor vehicles give 3 feet of clearance to a cyclist when passing from behind, while cyclists must also follow the same rules of the road as drivers. The Three Feet for Safety Act, signed into law by Gov. Jerry Brown in September 2014, makes it a crime for drivers to not comply with safely overtaking or passing a bicycle proceeding in the same direction on a highway. Not giving 3 feet of safety distance is punishable by a $35 fine, with a $220 fine on a driver if a collision occurs between a motor vehicle and bicyclist causing bodily harm to the bicyclist.

Some of the more common causes of bicycle accidents include a driver or bicyclist making an unsafe turn, bicycles that do not have headlights or reflectors at night, and a motor vehicle operator opening their car door as a bicyclist is passing.

Additional reasons for cycling accidents in California include:

  • Drivers not yielding to a cyclist
  • Drivers hitting a cyclist while making a left-hand or right-hand turn
  • Alcohol-impaired driving
  • Distracted driving
  • Drifting into the bicycle lane

Both cyclists and motorists should take precautions to avoid bicycle accidents. One of the best ways to do this is to be a mindful rider and to always be visible.

It can be hard for someone inside a car to see a cyclist, so bright colors can help you stand out in a rearview or side mirror, alerting the driver that there’s someone on a bicycle coming. Likewise, it’s just as important for cyclists to follow relevant road rules, since the potential for a cyclist to be seriously hurt is much higher than someone inside a car.

What to Do If You Get Injured

The cost of a bicycle accident can be serious once you figure in your long-term medical costs and missed time at work.

In California, you may be able to pursue compensation to help you recover. You should make yourself aware of California’s bicycle laws so that you understand your rights and responsibilities both on the road and in the event that an accident happens.

Some of the injuries that a cyclist might have to cope with after an accident include:

  • Broken bones
  • Internal bleeding
  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries
  • Paralysis
  • Scars
  • Burns
  • Lacerations

If you have recently been involved in a bicycle accident, there are a couple of steps you need to take in order to protect yourself. Taking pictures at the scene, getting a copy of your medical records, and speaking with a lawyer sooner rather than later can all impact your case.

For example, with TBIs, accumulating as much information as possible about post-accident activity level, energy, productivity, and school/work performance creates clarity for a mediator, judge or jury in a personal injury case. Even a concussion, a mild brain injury, can have lasting effects.

A personal injury lawyer may help you understand the next steps should you choose to move forward with a claim. There are many complex legal factors at play in a bicycle accident claim, and it’s strongly recommended that you identify a lawyer who has experience helping other cycling victims if you were the one on the bike when the crash happened.

We have the answers to more of your questions if you’re a bicycle rider, motorist wanting to keep abreast of bicycling laws, or if you ever unfortunately become involved in a bicycle accident. If the latter, contact us today for a free case evaluation.

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Categories
Personal Injury

California Dog Bite Laws

Dog owners often believe they understand what their dog is capable of and often deny the possibility that it would ever bite a human … until it’s too late. Dogs may be man’s best friend, but they’re still animals capable of causing personal injury or even death.

The more you understand about California dog bite laws, the better off you, your dog, and the people around you will be.

California Dog Bite Laws

Animal law covers a wide range of topics, including everything from pet ownership to liability.

Today, we’re taking a closer look at California dog bite laws so you know how to handle the situation, either as a dog owner or someone who suffered a personal injury because of a dog bite. Dog bites can cause very serious injuries and emotional trauma and there are laws in place to protect victims and manage dogs that have become dangerous. Dog bite law in California regulates how dogs are handled after they bite and what rights and responsibilities the victims and owners

Before we get into the details, please be advised that you should immediately wash the area to prevent infection. Bites have been known to cause dangerous infections days after the dog bite occurred, so it’s critical that you take the precaution and consider the possibility that the injury may become worse.

Let’s get started.

Liability Of Dog Owners In California

According to California Civil Code § 3342, the owner of a dog any time the dog bites someone. In this case, liability means you’re responsible for the costs associated with the injuries caused by the dog bite, like medical expenses and lost wages. This law applies in public, but it also applies on the owner’s property as long as the victim was there for a lawful reason. For example, you’re liable if your dog bites a mailman or a friend you invited over for a party. This is a “strict liability” rule, which means that if the dog bites, the owner is responsible as long as the victim wasn’t a trespasser. It doesn’t matter if the owner did nothing wrong or if the dog has never bitten anyone before. However, there is an exception where the victim was provoking the dog. If you were provoking the dog (by hitting or kicking it, for example), the owner is not liable for your injuries.

Liability Of Dog Handlers In California

What happens if the dog bites someone when it’s with a dog walker, handler, friend, or pet sitter? While the law regarding owners is strict liability, the law for dog bites that occur while the dog is with a handler is not. If you get bitten and want to sue the dog walker or handler, you’ll have to show that the handler acted with “scienter” – that he or she knew that the dog was vicious and prone to bite. Buffington v. Nicholson (1947) 78 Cal.App.2d 37, 42 [177 P.2d 51]. If you’ve been bitten by a dog, it’s usually easiest to use the strict liability rule and sue the owner. However, the owner may not have any assets or homeowner’s insurance (which usually covers dog bites). In that case, you may want to expand the scope of the lawsuit to include the handler, dog walker, or any other party that was responsible for the dog.

Injuries Other Than Bites

The strict liability rule for dog owners only covers injuries related to dog bites, although the bite doesn’t have to break the skin. But that’s not the only type of injury a dog can cause – what if you’re injured because of the dog attacks and knocks you over? In that case, you can still sue the owner or handler of the dog. You’ll generally need to prove that the defendant was “negligent,” meaning they knew or should have known that the dog was dangerous and failed to warn or protect you from that danger. In addition, some municipalities have laws that extend strict liability to types of injuries other than bites, so check with a local lawyer about the laws in your town.

Trespassers

The strict liability rule does not cover trespassers – people who are on your property without your express or implied consent. If they get bitten, however, they may still be able to sue you for their injuries. As with injuries other than bites, they’ll have to show that you were negligent in your handling of the dog or in the maintenance of your property. In that case, the court will determine whether your behavior was reasonable. For example, training your dog to attack anyone who enters your yard probably isn’t reasonable and you may be held liable.

What Happens To The Dog?

When there’s an incident involving your dog, the local police will file a report with the court and they’ll have a hearing to determine your dog’s status. If your dog has attacked another person or animal twice within a 3-year period or bitten someone once and causes minor injuries, it becomes a “potentially dangerous” dog under California law. Cal. Civ. Code § 31602. If your dog has severely injured or killed someone once, attacked another person or animal more than twice within a 3-year period, or bitten someone and caused minor injuries twice, it becomes a “vicious” dog under California law. Cal. Civ. Code § 31603. You’ll receive a notification about the hearing and its outcome and you’ll have the opportunity to appeal. If your dog is classified as potentially dangerous, you’ll need to keep the dog indoors or in a securely fenced yard (so the dog can’t escape and no children can enter) at all times while the dog is on your property. If you leave, you’ll need to keep the dog leashed at all times. Cal. Civ. Code § 31642. If there are no more incidents for 3 years, your dog will be removed from the list of potentially dangerous dogs. Cal. Civ. Code § 31644. If your dog is classified as vicious, the court may order the local animal control department to destroy it. Alternatively, it may impose conditions on your ownership to avoid any public safety hazards.

Get Legal Help

If you’ve been bitten by a dog or if your dog has bitten someone else, you need legal help. Dog bite law in California is complicated and full of exceptions and fine print. Check out our California Dog Bite Attorney Referral Service to find an experienced lawyer near you!

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