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General Damages In A Wrongful Death Case Under California Law

May 9, 2017

Claims for damages in a wrongful death case in California can include economic and non-economic damages.  Non-economic damages are often referred to as general damages.  They represent the intangible losses to the plaintiff as a result of the loss of the relationship with the decedent. In California, general damages in a wrongful death case do …

Going After The Insurance When A Defendant Goes Bankrupt

May 5, 2017

The automatic stay associated with a bankruptcy filing is a powerful tool for defendants and will bring any litigation to a screeching halt.  But while the automatic stay presents an obstacle for continuing litigation in almost any case, there is strong grounds to obtain relief from the stay where a plaintiff’s claim is covered by …

When Someone Dies With A Life Insurance Application Pending In California

April 27, 2017

It sometimes occurs that a person applies for life insurance, but dies before a policy is issued or the application is approved by the insurance company.  In those situations, questions arise regarding whether the insurance company is obligated to pay the death benefit.  California has both case law and a statute which provide avenues for …

Recent California Case Addresses The Mental Health Limitation In ERISA Policies

April 21, 2017

Many disability policies have a limitation on the amount of time, usually two years, that they will pay policy benefits for a disability caused by mental illness.  Issues regarding the scope and applicability of the mental illness exclusion can arise where a physical injury or illness also results in mental incapacity which contributes to the …

Potential Impact of Concussion Biomarker on Litigation

April 18, 2017

In cases involving a concussion injury, issues of proof can often arise regarding the existence or severity of a concussion.  A recent study appears to have made a large leap in creating a reliable test to establish whether someone has a concussion (aka: a mild traumatic brain injury), making the link between wrongful conduct and …