2015

Blog Posts in 2015

  • Control where a fight may take place

    “Venue” is the legal word for where litigation should be filed, depending upon a certain, well-defined set of circumstances. In general in California, “the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.” ( C. C.P. § 395.) In a contract dispute, however, “if a defendant has contracted to ...
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  • Wrongful death cases require an experienced lawyer

    When a wrongful death occurs- the death of a loved one or relative due to the fault of another– a terrible tragedy and loss happens. It is very important to utilize a lawyer and law firm that has experience handling wrongful death claims from inception all the way through trial. The experienced lawyer will know exactly how to pursue the wrongful death claim to seek a proper resolution that obtains ...
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  • How do You Value a Case?

    Both plaintiffs and defendants, both before litigation and during it, are faced with the serious question of how to value a case? Are there any rules to determine a cases value? Are there even any guidelines to determining a case’s potential value? What factors are important? What are key elements to address when seeking to establish a case’s value? Perhaps most importantly – who decides a case’s ...
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  • When does the past create liability in the present?

    The law in California has two general scenarios where past occurrences may create liability for present events. The conditions exist where notice of a condition of property or some potentially harmful condition in the past may create liability if the condition is not corrected and someone is subsequently harmed by it. The legal conditions are entitled “active notice” and “constructive notice.” ...
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  • 5 questions to ask an attorney before hiring

    How does a person or company know how to pick an attorney? Once you’ve found a prospective attorney, there are (at least) five key questions to ask: 1. How much experience do you have handling cases like mine? Ask your intended attorney not only if he or she has handled cases like yours, but for how long, how recently have they handled similar cases, and just how similar were they? Also, ask how ...
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  • 3 important things to do when you are in a car accident

    Getting into a car accident can be a scary and startling experience, especially if you are injured. Regardless, there are a few things that are important to try to remember to do after an accident. TELL SOMEONE IF YOU ARE HURT. If you are injured, at times the adrenaline and shock may cause you to not mention to the investigating police officer or emergency personnel that you were hurt. Sometimes, ...
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  • What is "constructive notice?"

    A person may have an accident over a condition of property, for example, a grocery store patron trips over raised asphalt in the grocery store’s parking lot, sustaining injuries. Or, perhaps a grocery store patron slips in spilled milk in the refrigeration aisle. There are, of course, innumerable situations where someone may experience an unfortunate accident when encountering a dangerous ...
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  • What is "premises liability?"

    If you have been injured by an accident on someone else’s property, you may have a valid claim for recovery of medical expenses, lost earnings and pain and suffering damages- through an avenue called “premises liability.” Premises liability is a legal description for negligence that occurs in the use or maintenance of property. The California Civil Jury Instructions (CACI) identify premises ...
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  • Will your insurance cover for intentional acts?

    A lawsuit may allege what are called “intentional torts.” These are claims that are intentionally done, as opposed to accidental or negligent. For example, wrongful termination, employment discrimination, assault, or other claims may be brought as intentional torts. If you are sued for intentional torts, such as employment discrimination, assault, slander, intentional infliction of emotional ...
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  • Witness statements may be critical to your case

    After virtually any type of accident or incident, if you are able to secure witness statements, it will be very helpful for your case. Witness statements- or at the very least identification and contact information for witnesses- may be very persuasive regarding how the accident or incident occurred. It is commonly said that two people seeing the same event may recall it differently, focus on ...
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  • The Three Key Elements of Every Successful Case

    Haffner Law Group maintains over fifty years of combined litigation experience, including over thirty five jury trials, many arbitrations and mediations, hundreds of depositions and countless hours involved in the process of litigating claims. All of that experience may be distilled down to a recognition of the three key elements of every successful litigation, whether for the plaintiff, seeking ...
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  • When was the last time a lawyer reviewed your contracts?

    Although inserted into contracts usually as almost an afterthought, a contract’s indemnity language and attorneys’ fees clause may end up playing a huge difference when a dispute arises. Although the vast majority of contracts do not end up disputed, much less in litigation, when that small percentage of contracts are contested, a few clauses become instrumental in not only determining who is the ...
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  • Proper Documentation may defeat employment claims

    Employment claims come in many forms, from discrimination to wrongful termination to wage and hour. Proper, complete documentation may defeat and even discourage many claims (except for workers compensation). Detailed documentation overcomes claims since issues with the employee, including hours worked (or missed) and problems with job performance that are well documented are very persuasive . ...
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  • Experienced trial attorneys get the best settlements

    No one really wants their case to go to trial. Everyone wants a fair and quick settlement. Why, then, is it important to have a trial attorney represent you for your case? Why do trial attorneys get the best settlements? Initially, trial attorneys who have taken cases to trial- and even up on appeal- have experienced every aspect of the litigation, from making the early settlement demand, to ...
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  • What Is the Biggest Disadvantage of Representing Yourself?

    Representing yourself is called, in civil litigation, being in Pro Per. A self represented litigant is not that uncommon. The primary motivation for self representation seems to be avoidance of the attorneys’ fees, or the contingency fee paid to the attorney at the conclusion of the case. Self represented litigants feel that they can represent themselves, they can learn the procedures, they can ...
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