Law Offices of Howard Kitay
A successful personal injury case can end in financial compensation to make up for the victim’s damages. Damages is a broad term that can refer to any financial, physical and emotional harm the victim suffered. This includes physical pain and emotional suffering. While not all civil cases will result in pain and suffering damages, it…
Most injured accident victims have the goal of avoiding injury trials. Trials can be lengthy and expensive processes with no guarantees of winning a monetary award. Most people instead settle their claims with insurance companies before filing lawsuits and taking their cases to court. Settlement values are often smaller than awards during injury trials, but…
An injury claim in California seeks to hold the at-fault party financially responsible for accident-related damages such as medical care and lost wages. A successful claim could end in a compensatory award that covers all past and future economic and noneconomic damages. Whether it will cover chiropractic treatment, however, depends on the circumstances. Most insurance…
Enrolling your child in a sport can be a great way to teach him or her sportsmanship, teamwork and discipline. You might never expect your child to suffer a serious injury while on the field, track or court. Sadly, thousands of children and youth each year end up in hospitals throughout the U.S. with sports-related…
A good Samaritan helps others purely for the sake of helping others, not for rewards or praise. After witnessing a car accident, for example, a good Samaritan may pull over to assist injured victims. California, like many states, has a law that protects good Samaritans from liability if they accidentally injure someone while making a…
Taking a cruise out of California should be the start of a relaxing vacation – not a nightmare in which you or a loved one suffers a serious personal injury. Unfortunately, not all cruise lines take the safety of passengers seriously. Many different oversights, acts of negligence and attempts to save money could cause passenger…
Dealing with an insurance company can be the most difficult part of your personal injury claim. You might think that as a policyholder who has always made your payments on time, or the party that did not cause the accident, an insurance company will be on your side. Unfortunately, this is not always the case.…
Few industries are more heavily regulated than health care. With patients’ lives on the line, the health care industry is stringent in terms of procedures, guidelines, protocols and safety regulations. Unfortunately, medical errors still occur. Surgical mistakes can cause serious personal injuries, health complications and patient deaths. While industry standards do not ask that surgeons…
A burn is an injury from contact between the skin and sources of thermal, electrical, chemical or radiation energies. Exposure to hazardous energy can damage or permanently destroy the skin, as well as affect underlying tissues such as muscles and tendons. The more serious the burn injury, the greater its impact on the victim. A…
Boating in fall in California can mean some of the state’s rainiest and foggiest days on the water. The weather plays a key role in boating safety. Understanding how the weather can change your day on the water, and how to compensate for those changes, can help you prevent an accident. In 2016, the California…
Slip, trip and fall accidents can happen anywhere, but one of the most common settings in California is a store. Retail outlets, shopping malls and grocery stores can contain property defects such as slippery floors or items in the walkway that could cause customer fall accidents. A bad fall can result in injuries such as…
Workplace accidents happen every day in California. Despite the state’s employee-friendly laws, many workplaces can contain hazards that put workers at undue risk of accidents and injuries. Employers may ignore injury risks to save time or cut costs. When an accident happens, injured employees have the right to file workers’ compensation claims for monetary damages.…
Every driver must conduct himself or herself with care on the road. Even a minor, unintentional mistake could snowball into a catastrophic car accident. When a driver engages in reckless behaviors such as aggressive driving or road rage, the results can be disastrous. Aggressive drivers are more likely to speed, make unsafe lane changes, cut…
A pothole is a common roadway defect that occurs when the groundwater beneath the road contracts and expands in different seasons. Over time, this natural phenomenon can cause the pavement to crack, break and crumble – forming holes in the road that can be dangerous to drivers. Striking a pothole with a car, motorcycle or…
A dog bite can cause injuries such as lacerations, deep puncture wounds, and trauma to the face and head. When dogs attack, the damages can be severe and life threatening. It is up to a dog’s owner to reasonably prevent attacks. Holding a pet owner responsible after a dog bite could provide important compensation to…
Child safety seats are critical pieces of equipment that save thousands of young lives each year. Car accidents are a leading cause of childhood death in the U.S. It is against the law in all 50 states to transport a child in a vehicle without using the proper safety restraint system. Car seats can increase…
Utility work comes with dozens of inherent hazards. Working from heights, working near electricity, using power tools and working near the road can all expose a utility worker to significant health and safety risks. The Occupational Safety and Health Administration (OSHA) recorded 4,674 worker deaths in the U.S. in 2017. The construction industry was the…
Accidents are rarely clear-cut. Oftentimes, several factors at play that dictate the trajectory of an accident that neither driver is truly aware of. Though filing a claim through your insurance is not rocket science, different situational factors associated with accidents might call for the help of an attorney. Especially when an accident requires some level…
Scooter riding has boomed in popularity in the state of California since state lawmakers allowed scooter rideshare companies to debut their rentable dockless electric scooters. Companies such as Bird, Lime, and Spin have released thousands of electric scooters in different cities across California for riders to rent. The increase in scooters in California have led…
In California, it is against the law to leave the scene of a car accident without fulfilling a driver’s duties of care. These duties include stopping at the scene, swapping information with the other driver, and calling the police to report the accident, if applicable. To breach these duties is to commit the crime of…
Though there are many accidents that are straightforward in who caused the incident, there are just as many situations that fall under a gray area. Accidents are messy – sometimes both parties are at fault in creating the conditions that caused it. Some drivers might worry that their potential involvement in an accident diminishes their…
Wrongful death occurs when someone’s neglect or wrongful act causes another person’s death, according to the California Code of Civil Procedure Section 377.60. As in a personal injury case, it will be the claimant’s responsibility to prove wrongful death through a preponderance of evidence in a civil claim. Proving wrongful death in California will take presenting…
Neck, back, and spinal cord injuries are common in many different accidents, including car crashes, falls, and workplace incidents. A serious back injury can cause chronic pain and permanent disability. A back injury could prevent an individual from returning to his or her place of work. It can also cause intangible losses such as being…
A personal injury settlement is a financial award you may be able to receive after another person or entity negligently or intentionally causes harm. A settlement is an agreement you and the defendant (and often the defendant’s insurer) come to, without needing to take the case to court. As a claimant, it is up to…
Mopeds are an interesting blend between motorized bikes and motorcycles. Though their appearance might convey an almost whimsical, child-like quality to consumers, they are certainly not toys. Riding a moped comes with several benefits, notably fuel efficiency that ultimately benefits the environment when compared to cars. Mopeds can also carry up to one passenger, giving…
Post-traumatic stress disorder, or PTSD, is a mental condition that can have debilitating symptoms. Someone may develop PTSD after living through or witnessing a traumatic accident, such as a catastrophic car accident. Post-traumatic stress disorder is a type of pain and suffering damage under California law. It may be possible to hold someone else responsible…
Car accidents are one of the most common causes of personal injury claims in California, with tens of thousands of drivers filing insurance claims and taking legal action for accidents every year. If you expect to file an insurance claim or lawsuit for a recent car accident, you should have some idea of what to…
A car accident can be a stressful and traumatic experience, and many people who walk away from car accidents seemingly unscathed find themselves unable to get out of bed the next day. Even when a car accident does not cause acute, traumatic injuries, victims can still experience a wide range of possible medical complications in…
It is possible, although difficult, to handle some legal matters on your own without hiring a personal injury attorney in El Cajon. The vast majority of car accident claims are relatively small, and these small accident claims rarely proceed to trial. It is generally in the best interest of everyone involved to settle the matter…
When one party causes injuries and economic damages to another party, the injured party typically has the option of taking legal action against the responsible party. In most injury claims, the damages are tangible, physical injuries. These injuries may result in emotional distress, and the plaintiff would likely receive compensation for non-physical damages like emotional…