How Has Accident Litigation Changed Over the Years in CA
Changes in California Personal Injury Law
Personal injury law in California is undergoing constant revision and reform. These reforms aim to help protect the rights of plaintiffs and defendants alike, and make the process for receiving compensation more appropriate and fair for all parties involved. This article explains some of the changes California personal injury law has undergone over the years.
Barring Admission of Defendant’s Sympathy: In 2002 the state of California reformed personal injury law to make expression of sympathy inadmissible as proof of fault. This means that any expression of sympathy or benevolence can’t be provided to the court as proof that the defendant accepts responsibility for causing pain or injury.
Product Liability Reform: Although this product liability reform was enacted in 1986, it still has an impact on the type of personal injury cases that are filed and litigated to this day. This reform states that products such as cigarettes or alcohol are known to be unsafe by the general public, and therefore a plaintiff does not have the right to sue for damages cause as a result of their use.
Medical Liability Reform, Noneconomic Damages Reform: This 1975 reform placed a cap on the amount of compensation a plaintiff can receive for noneconomic damages in a medical liability reform. This limits plaintiffs to seeking a maximum amount of $250,000 for noneconomic damages.
Because of the constant changes and reforms personal injury laws undergo, it is important that you have an attorney representing you that is up to date with changes and how the laws will affect your claim. If you have questions about personal injury laws in California and Orange County, contact a personal injury attorney as soon as possible.
This article has been provided by the Orange County personal injury law firm of Frank Nicholas, 949-477-2277, www.FrankNicholas.com.
Patrick S. Valencia – Profile
Patrick S. Valencia: San Jose Criminal Defense Lawyer
Admitted:
1983, California; U.S. District Court, Northern District of California;
2007, U.S. District Court, Central District of California
Education:
Santa Clara University, J.D. 1983
Santa Clara University, B.S. 1979
Member:
State Bar of California
Patrick S. Valencia, experienced Criminal Defense Attorney in San Jose, practices in the following areas of law: Criminal Law, Drug Crimes, Theft, Internet Crimes, White Collar Crimes, Juvenile Crime in San Jose, Assault, Domestic Violence, Homicide, and San Jose DUI.
Valencia, Ippolito & Bowman
4991 W. Hedding, Suite 202
San Jose, CA 95126
Phone: 408-920-9720
Will I lose my house if I file for bankruptcy?
Will I lose my house if I file for bankruptcy?
A major concern for many debtors contemplating bankruptcy is whether or not they will lose their home in the process. Luckily, bankruptcy may not result in this devastating consequence. There are factors involved in the foreclosure process. If the equity (value over the sum of secured debts, cost of selling the house) in the house is exempt and you continue to make payments on the house, the trustee will not attempt to sell it to pay creditors.
Even though you may be able to keep your house, you must realize that bankruptcy does not disturb the lien, which is the personal property interest that secures a debt. You must still make mortgage payments. In essence, the lender is "abandoning" the house to you, allowing you to keep your house on the condition that you maintain mortgage payments. Thus, even after filing for bankruptcy, the mortgage lender still has rights in the property; this includes the right to foreclose if you stop making payments.
Foreclosure is not beneficial for anyone involved. For this reason, a secured creditor wants you to keep the house and keep paying the loan. They are not looking for an excuse to foreclose; this is considered the last option when a debtor fails to make payments. If you are behind in your payments and you want to keep your house, consider filing for Chapter 13 bankruptcy as opposed to the more popular, Chapter 7. Lenders make money when a loan is paid on time, not when they are obtaining property. Generally, no lender deliberately wants to obtain your property. As long as you make payments on time, you can remain in your home. Establishing trust and reliability is a key factor in keeping your home and rebuilding your credit.
This article has been provided by Raleigh bankruptcy lawyers Howard, Stallings, From & Hutson, P.A., 919-821-7700, www.hsfh.com.
New Bankruptcy Laws – Can I still file?
New Bankruptcy Laws - Can I still file?
For many, there is a common assumption that bankruptcy under the new laws is making it more difficult to file Chapter 7. There are more hoops to jump through under the new laws, resulting in some people having to file for Chapter 13 bankruptcy instead of the more common, Chapter 7. However, for the majority of bankruptcy filers, the option of Chapter 7 is still available.
Some filers with higher incomes are no longer allowed the option of chapter 7. Instead, they will have to use Chapter 13 to repay some of their debt. All debtors must get credit counseling before they can file a bankruptcy case and additional counseling on budgeting and debt management before their debts can be wiped clean. The new laws also impose new requirements on lawyers, making it more difficult for debtors to find an attorney to represent them in their bankruptcy case. There are also more precautionary measures making it more difficult and time-consuming to get rid of debts. The laws are trying to prevent the growth of repeated offenders, while also trying to make it the last possible option for all debtors.
There are a few important changes under the new laws:
In the past, most filers could choose the type of bankruptcy that seemed best for them. This resulted in a majority choosing Chapter 7 (liquidation) over Chapter 13 (repayment). Now, a person's income, result of the means test, and credit counseling are taken into consideration.
Income
Measuring a filer's current monthly income against the median income for a household of their size in their state, is the first step in figuring out if they can file for Chapter 7 bankruptcy. Those who qualify have an income that is less than or equal to the median income. If it is more than the median, the filer must pass "the means test."
The Means Test
The means test figures out whether a filer has a sufficient amount of disposable income, after subtracting certain expenses and required debt payments, to make payments on a Chapter 13 plan. To find out whether you pass the means test, you subtract certain allowed expenses and debt payments from your current monthly income. If the income left over from the calculations is below a certain amount, you are eligible to file for Chapter 7.
Counseling
Even if a repayment plan is not feasible or you do not want to pay unfair debts, you are required to go to credit counseling. You are only required to participate and do not have to go through with the proposed repayment plans. After the session, the debtor submits the certificate of completion and presents the repayment plan to the court, before filing for bankruptcy. Towards the end of the case, another counseling session is required in order to learn about personal financial management. After this session, you will be able to wipe out your debts.