Wrongful death claims must meet specific criteria in order to move forward through the legal system. The legal system considers wrongful death claims to be very serious. However, unlike standard negligence claims, a person can only file a wrongful death claim in certain situations. Criteria Required To File A Wrongful Death Claim As an Oakland […]
Inclement weather plays a significant role in multiple types of accidents, from workplaces to roadways and freeways. However, drivers, pedestrians, and bicycle riders are most likely to be in an accident when inclement weather strikes. Beyond weather-related driving risks, inclement weather or weather-related road conditions can also play a significant role in determining liability or […]
Pedestrian accidents are some of the most devastating cases in the field of personal injury. Walkers, joggers, and hikers who are crossing streets or walking along the sidewalks or the roadside are exponentially more vulnerable than the cars, trucks, motorcycles, or even bicycles that strike them. Common misconceptions surrounding pedestrian accidents and personal injury claims […]
In a personal injury lawsuit, the victim files a claim against the person or entity that harmed them. In a wrongful death lawsuit, a member of the deceased person’s family, or the personal representative of, or successor-in-interest to, the deceased person’s estate must take the reins to file the claim and move forward with negotiations, […]
When you pursue a personal injury case, your lawyer will help you determine how to sue for damages and the losses you have experienced. Some of these losses are tangible, i.e., physically evident via medical or financial records. These types of damages are easier to prove using professional documentation and expert witnesses. Some may even […]
Detailed and accurate evidence is essential when pursuing a personal injury lawsuit after an accident. Ensuring your medical records support your injury claim following an accident is essential to getting a good settlement or verdict at trial. Obtaining Medical Records For Your Personal Injury Lawsuit Obtaining your medical records related to treatment you received after […]
Proving four distinct elements of negligence is critical to winning a personal injury lawsuit. These elements are the cornerstone of any case and they are what personal injury attorneys look for when meeting with new clients to assess whether or not to pursue a case. The sooner you find an experienced lawyer, the better off […]
In a personal injury case, the plaintiff’s legal team plays a pivotal role in whether or not the outcome is in the client’s favor. Lawyers typically initiate a lawsuit and, depending on the circumstances, may request both actual and punitive damages. Actual Damages Provide Compensation Specific To The Client’s Experience Actual damages (also known as […]
Monica Burneikis, a distinguished attorney in Northern California, has been honored as one of the Top 50 Women Attorneys by SuperLawyers. This esteemed recognition highlights her exceptional legal skills and her dedication to providing outstanding legal representation to her clients. SuperLawyers is a reputable legal rating service that meticulously identifies top attorneys across various practice […]
One of the most common questions we receive is whether a client’s personal injury settlement is taxable or whether they will have to pay taxes on a settlement they received. We always advise that clients consult with a professional, certified tax professional or CPA to learn more specifically about their tax obligations. You can also […]
Participating in legal proceedings is costly, especially if you are brought into court - repeatedly - by the same plaintiff for something that has already been resolved or is not worthy of legal proceedings. The term malicious prosecution describes lawsuits filed: To intentionally harm, deplete, or wear a defendant down. Without legal merit. Harass the […]
Not only are car accidents more common when you are driving while under the influence (DUI), but the penalties for causing an accident while under the influence are far more severe. DUI Car Accident Statistics: Learn The Risks The internet is full of statistics on how driving under the influence increases the risk of accidents […]
Expert witnesses are essential to most personal injury cases because they provide a subjective opinion and, often, incontrovertible evidence that impacts a case’s outcome, settle amounts, and so on. The right personal injury lawyer has trusted connections with the community’s most respected and qualified expert witnesses, helping clients achieve the best possible outcome for their […]
You’d think post-pandemic increases in remote and hybrid work models would reduce Bay Area traffic, but that’s not the case. And with increased traffic congestion comes higher car accident rates. San Francisco Bay Grapples With Rising Traffic Accident Rates A recent Stanford Law School (SLS) website post begins, “The Bay Area is grappling with a […]
The term statute of limitations refers to the length of time a victim/plaintiff has to file their claim in court after an event occurred. These limitations vary, depending on the type of case. The statute of limitations for the majority of California's personal injury cases, including car accidents, is two years. Do Not Let The Statute […]
Most people celebrate the day their car is paid off and they can switch their auto insurance policy from “full-coverage” to “limited liability” (California’s legal minimum insurance requirement). Be careful before you do that, as a single auto accident is enough to make anyone wish they would have paid a little extra to get premium […]
Clients are often shocked to learn they may be legally accountable for damages related to an accident or event that seemed entirely the fault of another. That’s because California’s Comparative Negligence Law looks to establish fault equitably. For example, let’s say you have friends over for dinner. One of them arrives under the influence of […]
According to an Insurance Research Council 2021 study, roughly one in eight drivers (nearly 13%) do not have automobile insurance. Shockingly, California is on the Top 10 list of states with the most uninsured drivers. According to the IRC’s data, almost 17% of California’s drivers are uninsured. What To Do If You Are In An […]
In the immediate aftermath of an accident, first responders focus on physical injuries ranging from minor to catastrophic. However, in the days, weeks, and months following the event, many accident victims experience challenging psychological effects. Feelings of anxiety, sleeplessness, insomnia, memory lapses, flashbacks, anger, and depression are all common psychological effects of a personal injury. […]
Professional, accurate and detailed documentation is a cornerstone of any personal injury case. If you have recently been injured and would like to pursue a personal injury case, completing these steps will help ensure your claim has the greatest chance of success. Documenting Damages For Your Personal Injury Claim Most personal injury claimants would prefer […]
Seeking prompt medical treatment is essential when you are in a car accident or sustain any type of injury. Your physical well-being should always be a top priority. Swift documentation of your injuries provides an essential paper trail, recorded by medical professionals, which will become key evidence during your insurance claims process and related legal […]
We are so proud to see Monica Burneikis featured in the March 2023 issue of Plaintiff Magazine! Plaintiff is a monthly magazine for plaintiffs' trial attorneys in Northern and Central California. 5,000+ copies are mailed to attorneys and law firms in the San Francisco Bay Area, the Central Coast, Fresno, the Central Valley, San Jose, […]
Teenagers rarely understand the serious risks and significant responsibility that comes with being a driver. Unfortunately, a teenager’s sense of invincibility makes it tough to keep teen drivers (aged 15 - 18) focused on safe driving. The more we can do to educate teens, ensure they have earned the right to drive before handing them […]
California’s legalization of marijuana (cannabis) seems to have impacted the rates of accidents and fatal crashes involving drivers under the influence of the drug. Victims of car accidents involving a driver who is high or under the influence of cannabis while driving need competent professional representation as they navigate the complexities involved in a DUI […]
According to the CDC, motor vehicle accidents are the second-leading cause of traumatic brain injuries (“TBI”) in the United States. Car accidents are also the leading cause of TBI-related death. Unfortunately, for many victims and their families, the long-term consequences of a TBI are life-changing, regardless of whether the TBI is minor, moderate, or severe. […]
New traffic and road laws, signed into effect by Gov. Newsom, took effect on January 1, 2023. While drivers should always exercise defensive driving techniques, these laws make it more important than ever to remain aware. 2023 California Traffic Laws Honor Cyclists & Pedestrians We recommend visiting the DMV Highlights page for a complete description […]
The idea behind self-driving cars is appealing, but it also comes with significant risks to others. For example, what happens if you are involved in an auto accident with a self-driving car? Fortunately, the law is on your side. California has more laws and regulations regarding self-driving and autonomous vehicles than any other state. Citizens […]
It is not surprising to learn that the larger a California city is, the higher the number of traffic accidents there are. As a result, while Bay Area Cities are trumped by some of the larger cities in southern California, the Bay Area still ranks at the top of the list of California cities where […]
Seatbelt safety laws were controversial when they were made an official part of the California vehicle code back in 1986. Today, vehicle safety features are innovated at exponential rates, and today’s newest vehicle models have safety features we only dreamed of back in the 1980s. Some of these features are appreciated, while others drive new […]
18-wheeler and semi-truck accidents are some of the most dangerous accidents that occur. This is due to the immense size and weight of the trucks combined with the fact that most of these accidents take place on highways where vehicles travel at higher speeds. According to the Federal Motor Carrier Safety Administration (FMCSA), eighty-eight percent […]
If a person does not know they have the right to file a personal injury claim, they will miss out on the opportunity to be reimbursed for medical expenses, lost wages, pain and suffering, and other damages resulting from an accident. There are several types of personal injury claims arising out of a variety of […]
If you are involved in an accident in another state, odds are you are feeling anxious and confused about what to do next. One of your first moves should be to contact the authorities in the state where the accident happened. You should also contact your automobile insurance carrier and consult with an experienced personal […]
California helmet laws were implemented in 1992, leading to a public outcry from those who believe wearing helmets is a personal choice. Although California is one of only 19 states to enforce motorcycle helmet laws, the California DMV Motorcycle Handbook is clear: All riders and passengers are required per CVC §27803 to wear a U.S. […]
If you are a passenger that has been injured in an automobile accident, the most important thing to remember is to stay calm and get yourself and the other vehicle occupants to a position of safety. Take a deep breath and focus on moving the vehicle or yourself to the side of the roadway if […]
Car versus pedestrian accidents and resulting injuries are increasingly common, largely due to DUIs and distracted drivers. According to the Governor’s Highway Safety Association (GHSA): 2020 had the largest ever annual increase in the rate at which drivers struck and killed people on foot…The likely culprits are dangerous driving like speeding, drunk and drugged driving, […]
Pregnant mothers must take extra care after car accidents, including minor fender benders. Even if you did not experience an impact on your abdomen and the accident seems injury-free, it is always best to contact your OB/GYN or midwife and get evaluated to make sure you and your baby are okay. 5 Steps Women Should […]
Shock sets in quickly in the aftermath of a car accident - even if you were not injured. However, it is essential to keep a safety-first mentality to ensure those involved, including yourself, are not further injured as you deal with what has just transpired. There are critical things to keep in mind as you […]
Whenever more than two vehicles or drivers are involved in an accident, it is considered a multi-car accident. Often, these result from a chain reaction where one driver hits a car, cyclist, pedestrian, or object, then another car hits the first driver, and so on. Unfortunately, these pile-ups can continue indefinitely. If you are involved […]
The combination of earlier sunsets, more rain and hectic holiday traffic increases the risk of a car accident. Here are tips to keep you and your family safe. As a law firm specializing in personal injury cases stemming from car accidents, I know first hand how devastating a car accident can be for surviving victims […]
Personal injury claims encompass a wide array of scenarios, including car accidents, slip/trip, and fall accidents, assaults, product liability suits, and so on. 5 Steps To Move Forward With A Personal Injury Claim While we always recommend contacting a personal injury attorney if you feel you have a case, here are five basic steps you […]
On November 29, 2021, at approximately 10:18 a.m., a bicyclist was struck and killed by a vehicle on Bascom Avenue near the Interstate 880 on- and off-ramp. The force of the collision was so severe the bicyclist was pronounced dead at the scene. The driver of the vehicle exhibited no obvious signs of impairment and […]
In our recent post about the most dangerous intersections in Oakland, we cited the alarming reality that, “[a]ccording to the National Highway Traffic Safety Administration (NHTSA), around 40% of all car accidents occur at intersections, accounting for both automobiles as well as bicycle and pedestrian accidents.” While California’s Vehicle Code, “CHAPTER 5 Pedestrians’ Rights and Duties 21950” […]
During your personal injury legal consultations, trial or settlement procedures, you will be exposed to certain “legalese.” These words and phrases are used regularly by personal injury attorneys and the courts, but can feel like a second language to clients without a legal background. While you always want to search for a lawyer who explains things to […]
Like priests, physicians, and therapists, attorneys take an oath to protect the confidentiality of our clients. This protection is professionally termed the “attorney-client privilege.” It’s essential to understand what attorney-client privilege is and when it begins before consulting or hiring an attorney. There are exceptions, and certain boundaries attorneys must uphold, so knowing these boundaries […]
7 Things To Look For In A Personal Injury Lawyer A simple Google search is proof that personal injury attorneys abound. So what is the secret to finding the lawyer who has your best interests at heart? The following tips will help increase your chances for a successful outcome. Ask your friends and family network […]
Personal injury lawsuits often depend on proving a single factor: negligence. In a personal injury lawsuit, negligence is determined based on whether or not an injury was the result of someone else failing to abide by their “duty of care.” This duty of care varies from situation to situation. In the case of an automobile accident, […]
The state of California allows a two-year “grace period” for auto accident victims to file their claims. The effects of whiplash associated disorders is one of the most compelling reasons why that window remains open for so long. Read How Much Time Do I Have After My Accident to File a Lawsuit, to learn more about that. […]
Long haul truckers are at risk for a range of personal injury accidents related to their job. At the same time, automobile drivers are also in danger of sustaining personal injuries as the result of a truck driver’s (or their employer’s) negligence. Even if you feel the accident was months ago, you may be surprised to learn that it may not […]
The dangers of being a bike courier in San Francisco shouldn’t prohibit anyone from pursuing a job full of freedom, physical exercise, and autonomy. That said, it is imperative that Bay Area bike couriers understand the risks associated with the job, as well as how to protect themselves. A Bike Courier In San Francisco Compromise […]
This isn’t a surprise when you consider the many functions taking place in a single intersection - changing lights, a combination of stopped, yielding, and accelerating traffic, as well as the crossing of pedestrians and the presence of cyclists who are beholden to traffic laws and are supposed to act as if they are cars, […]
Drivers have a responsibility to remain focused and obey all state and federal driving regulations. Of course, drivers are humans and all humans make mistakes. In the best of cases, a driving mistake results only in an elevated heart rate and a near miss. In other cases, mistakes while driving cause a car accident that […]
You faithfully pay your monthly auto insurance premiums and may have done so for months (or years) without filing a claim. You have peace of mind knowing that when you need your insurance company, they will be there for you, right? Not necessarily. When your insurance company gives you the runaround, contact an experienced car accident attorney, and schedule a free consultation […]
Minor car accidents often result in bruising, muscle/connective tissue strain, and potential neck injuries that may or may not be more serious than you think. Anything more dramatic than a minor “fender bender” can leave victims with injuries, pain, and discomfort that lasts for years to come. Serious injuries can also compromise the rest of […]
The aftermath of an accident is traumatic, especially for anyone who is seriously injured or requires long-term rehabilitation as a result of their injuries. Even worse are immediately fatal accidents or accidents that result in injuries that eventually lead to death. Lawsuits are the last thing victims and families want to contend with, and yet time is […]
