Posts Tagged "personal injury"

WHAT THE INSURANCE ADJUSTOR DOESN’T WANT YOU TO KNOW ABOUT YOUR CLAIM/ 7 INSIGHTS OF A FORMER INSURANCE COMPANY ATTORNEY

WHAT THE INSURANCE ADJUSTOR DOESN’T WANT YOU TO KNOW ABOUT YOUR CLAIM/ 7 INSIGHTS OF A FORMER INSURANCE COMPANY ATTORNEY

I worked for a number of years as in-house counsel for a large national insurance company. My job was to work closely with the insurance company adjustors in defending lawsuits brought arising out of bodily injury claims. These claims included vehicle accidents, injury crashes, dog attacks, slip and falls, premises accidents and other insurance related incidents. This experience provided me…read more →

Elements for Proving the Existence of Agency in a Tort Cause of Action

Civil Code section 2295 provides: “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.” “The existence of an agency is a factual question within the province of the trier of fact whose determination may not be disturbed on appeal if supported by substantial evidence.” (L. Byron Culver & Associates…read more →

Elements for Proving a Cause of Action in Tort for Intentional Infliction of Emotional Distress

CACI 1600. Intentional Infliction of Emotional Distress – Essential Factual Elements:nm [Name of plaintiff] claims that [name of defendant]’s conduct caused [him/her] to suffer severe emotional distress. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant]’s conduct was outrageous; 2. [That [name of defendant] intended to cause [name of plaintiff] emotional…read more →

Elements for Proving a Cause of Action in Tort for Assault

CACI 1301. Assault – Essential Factual Elements: [Name of plaintiff] claims that [name of defendant] assaulted [him/ her]. To establish this claim, [name of plaintiff] must prove all of the following: [1. That [name of defendant] acted, intending to cause harmful [or offensive] contact; 2. That [name of plaintiff] reasonably believed that [he/she] was about to be touched in a…read more →

Elements for Proving a Cause of Action in Tort for Battery

CACI 1300. Battery – Essential Factual Elements: [Name of plaintiff] claims that [name of defendant] committed a battery. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] [touched [name of plaintiff]] [or] [caused [name of plaintiff] to be touched] with the intent to harm or offend [him/her]; 2. That [name of…read more →

Elements for Proving a Cause of action in Tort for Negligence

California Civil Jury Instructions (CACI) CACI 400. Negligence – Essential Factual Elements: [Name of plaintiff] claims that [he/she] was harmed by [name of defendant]’s negligence. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] was negligent; 2. That [name of plaintiff] was harmed; and 3. That [name of defendant]’s negligence was…read more →