Law Offices of Howard Craig Kornberg is now offering Skype video conferencing service for clients who prefer to meet remotely versus in person. Call our office at 310-997-0904 or fill out the form here to schedule a meeting with us, which can be held via video conferencing or phone call.
What is most important when selecting a trial attorney for your serious injury case?

Experience, results, track record, honesty, responsiveness. Kornberg Law has over 30 years of excellent results in settlement and jury trials in his cases. He has been successful in over 98% of the cases he has handled. He is internationally recognized by Martindale Hubble for achieving the highest rating given to attorneys, “AV” for trial skills and ethics. He is a member of the American Board of Trial Advocates, “ABOTA” which recognizes Mr. Kornberg’s jury trial experience and success.

Mr. Kornberg has never been disciplined by any State Bar in the United States, and in fact, Mr. Kornberg was appointed by the California State Bar to serve as a Commissioner on the Commission to Revise the Rules of Professional Conduct for all California Lawyers and participated in drafting over 60 new or revised Rules of Professional Conduct that were officially adopted by the California Supreme Court in 2018. I suggest these are the types of qualities and qualifications you should require in selecting an attorney.

Can Uber drivers record passengers in California?

In many areas throughout the country, Uber and other rideshare drivers use video and audio to record what happens in their vehicles. However, in California, all parties of a conversation must consent to being recorded (audio or video), or the recording will be unlawful. If an Uber driver lets their passengers know did they are being recorded, and the passengers consent, then audio and video recording can be used.

Audio and video recordings are used by Uber drivers to protect themselves in the event they have an unruly passenger. However, these recordings could also be used to the benefit of the passenger if an accident or some other type of event occurs inside the vehicle.

How much time do I have after a car accident before I decide to initiate a lawsuit?

If you or somebody you care about has been injured in an accident caused by the actions of another driver, you will have a limited amount of time to file a lawsuit. The California statute of limitations is two years from the date the incident occurs. This means that victims have a two-year window with which to file a lawsuit against the alleged negligent driver. Failing to file a claim within the required time frame will result in the victim being unable to recover the compensation they are entitled to.

However, this statutory time limit does not include deadlines put in place by insurance carriers. Most insurance carriers require that victims report the car accident within a very short amount of time after the incident occurs. Failing to promptly report an accident to the insurance carrier could result in a claim delay or denial.

Who is responsible for road debris damage?

In the event you or somebody you love have been injured in an accident caused by roadway debris, there may be various parties liable for the incident. In some cases, accidents caused by roadway debris are inevitable and unavoidable. However, the following parties could be held liable in certain circumstances:

  • Government entities responsible for roadway inspection and maintenance (state, county, municipal)
  • Construction companies, contractors, and subcontractors performing roadway maintenance
  • Companies and individuals whose gross negligence allows for debris to spill onto the roadway

Determining liability in the aftermath of a roadway debris accident is crucial. An attorney will work to uncover the evidence necessary to determine what happened and help you secure full compensation.

Can I shoot on a dog that’s on my property in California?

If a dog is not threatening or injuring you, another person, or your livestock, you are not going to be legally allowed to shoot it. In most situations, this is going to be considered animal abuse and punishable by up to one year in County jail. Felony animal abuse is punishable by up to three years in state prison. Just because a dog is on your property does not mean that you have the right to shoot it. The same concept can be applied to a person that is trespassing on your property. Just because someone has crossed your property line does not mean you can open fire.

Is it illegal to walk your dog without a leash in California?

Dogs that are not properly restrained on leashes can cause significant injuries. In most municipalities throughout California, dog owners are required to keep their pets on a leash. There is no statewide universal leash law, but most counties and municipalities have written leash laws into their codes.

Do I have to go to court if I file a car accident claim?

Most car accident claims are resolved out of court through settlements with insurance carriers. However, if the insurance carriers or at-fault party refuses to offer a fair settlement, it may be necessary for an injury victim to file a personal injury lawsuit against the alleged negligent driver. Even after a lawsuit is filed, it is still very likely that the case will be settled before it goes in front of a jury.

Who is responsible in a premise liability case?

If you or somebody you care about has been injured on another person’s property, there may be various parties that can be held liable. In order for a premises liability case to be successful, an investigation will need to uncover that the property owner or operator was careless or negligent in some way and violated the duty of care they owed to the person on their property. In some cases, the injury victims themselves will share some of the blame for the incident, and this could result in them receiving less compensation than they would otherwise receive.

Is lane splitting on a motorcycle legal in California?

Lane splitting refers to riding a motorcycle or bicycle between two lanes or two rows of moving or stopped traffic. This is also called white lining or stripe-writing. This practice allows riders to save time by bypassing traffic congestion, and studies have also indicated that this is safer for motorcyclists than stopping behind stationary vehicles. The practice of lane splitting is allowed under California law, and the California Highway Patrol has instructed motorcyclists who lane split to travel no more than 10 mph faster than other traffic and not to lane split when traffic is moving at 30 mph or faster.

California is the only state that lane splitting is legal in. If you plan on riding your motorcycle into another state, please keep this in mind, as lane splitting will result in a citation from law enforcement officials in other states.

If I am driving without a license does that prove I was negligent and responsible for the accident?

While we never recommend operating a vehicle without a valid driver’s license, this should not have any direct bearing on proving liability for the crash. If another person causes a crash with your vehicle and you are not a licensed driver, you may very well be cited for operating a vehicle without a license, but the other party should still be responsible for causing the collision and for paying for your damages. However, it is feasible that the other parties involved will argue that you are an inexperienced driver because you do not have a valid driver’s license, and therefore, your inexperience caused the crash. However, the case is clear that not having a driver’s license is not relevant or admissed evidence to prove negligence.

What damages can you recover for the death of a family member caused by negligence?

There may be various types of economic and non-economic damage is recoverable by family members who have lost a loved one due to the careless or negligent actions of another person. These can include the following:

  • Coverage of medical and funeral expenses connected to the death
  • Loss of the expected earnings of the victim
  • Post and future loss of benefits such as medical care or a pension plan
  • Damages for survivors’ loss of loved one
  • Loss of care, guidance, advice, protection, nurturing, and training from the deceased

The total amount of compensation paid to family members will vary depending on the circumstances related to each particular situation. A skilled California wrongful death attorney will be able to help you with this process by working with economic and financial experts to help calculate maximize and prove all your losses.

Who can claim damages for the wrongful death of a family member?

Only certain parties are allowed to file a wrongful death lawsuit in California. State law specifically allows the following to bring these claims:

  • The spouse of the deceased
  • The domestic partner of the deceased
  • The surviving children of the deceased
  • The surviving parents of the deceased
  • If there is no surviving person in the deceased’s line of descent, the wrongful death claim may be brought by anyone “who would be entitled to the property of the decedent by intestate succession.” This can include siblings of the deceased or other legal heirs.

Additionally, if there are any others who can show they were financially dependent on the deceased, they can also file a wrongful death suit. This includes a person’s putative spouse or stepchildren.

What type of damages can be recovered for someone who is permanently injured?

The types of damages that can be recovered by someone who is permanently injured will be much more extensive and could include various other aspects as well. For example, the following types of compensation are generally recoverable in these scenarios:

  • Past and future complete coverage of medical bills
  • Past and future lost income if a victim is unable to work while they recover
  • Past and future general household out-of-pocket expenses
  • Past and future pain and suffering damages
  • Loss of job-related benefits such as health insurance and retirement

However, when a victim suffers from a permanent injury, there will likely be more significant expenses involved. For example, when the victim is unable to return to work or has to change their career, they will likely be entitled to significant compensation for loss of future expected earnings or a loss of earning potential. For victims who have limited mobility due to their injury, they could receive compensation for coverage of home or vehicle modifications to aid in mobility. Lastly, permanent injury victims may require compensation for permanent in-home care.

Generally, the total amount of compensation paid out to those who sustain permanent injuries caused by another party will be more than the compensation awarded in typical personal injury cases. However, you need to work with a skilled personal injury lawyer who can enlist the assistance of economic and medical experts to help calculate the total expected losses caused by a permanent injury.

What are the most important things to do at the scene of an injury accident or incident?

If you or somebody you care about is injured due to the careless or negligent actions of another individual, there are various things that you must do at the scene of the accident or incident to help investigate and prove your claim. First, your number one priority is to secure medical attention for yourself or any other person injured. If you fail to seek medical assistance quickly, this delay could be used against you by insurance carriers or at-fault parties when trying to secure compensation. Some other crucial steps that you need to take at the scene of an accident include:

  • Calling 911 if the ambulance is required
  • Using a phone or another type of camera to take photographs of everything at the scene, including injuries, car damages, causes of the incident, debris lying around the scene, etc.
  • Gathering the names and contact information of any witnesses to the incident.
  • Exchanging relevant insurance information with all parties involved (vehicle accidents).
  • Asking law enforcement officials or property owners on how to obtain official accident reports.
  • Calling a family member or roadside assistance for advice or transportation assistance.

Contact a LA personal injury lawyer today

If you or somebody you care about has been injured due to the actions of another party, you need to speak to an attorney as soon as possible. At the Law Offices of Howard Craig Kornberg, our Los Angeles personal injury attorneys pledge to investigate every aspect of your case and work to secure full compensation for your losses. When you need assistance, you can contact us for a free consultation of your case by clicking here or calling 310-997-0904 for a free consultation.