Question 1

What makes an injury case “catastrophic”?

Accepted Answer

A catastrophic case is one where the injury permanently changes how a person lives or earns — brain injury, spinal cord injury, amputation, severe burns, or death. These cases are valued on decades of future medical care and lost earning capacity, not just current bills, which is why they require a litigation team from the first day.

Question 2

Who can file a wrongful death claim in California?

Accepted Answer

California law limits wrongful death claims to a defined group, generally the surviving spouse or domestic partner, children, and in some circumstances parents or other dependents. A separate survival action may also be brought on behalf of the estate. We identify the correct claimants early so the claim is not challenged later on standing.

Question 3

How long do I have to file a catastrophic injury or wrongful death case?

Accepted Answer

Most California personal injury and wrongful death claims must be filed within two years. Claims against a public entity require a written government claim within six months. Because critical evidence disappears far sooner than any deadline, cases should be evaluated within days, not months.

Question 4

Why are truck collision cases handled differently than car crashes?

Accepted Answer

Motor carriers are governed by federal safety regulations and generate evidence a private driver does not: electronic logging data, driver qualification files, maintenance histories, and dispatch records. Much of it can be lawfully overwritten within months, so we send preservation demands immediately and pursue the carrier, not just the driver.

Question 5

What if the driver who hit me had minimal insurance?

Accepted Answer

The at-fault policy is often only one layer. We look for employer liability, commercial or rideshare policies, umbrella coverage, negligent vehicle maintenance, and your own underinsured motorist coverage. Identifying every available layer is frequently the difference between a policy-limits offer and a full recovery.

Question 6

The other side says I was partly at fault. Does that end my case?

Accepted Answer

No. California uses pure comparative fault, so your recovery is reduced by your share of responsibility rather than barred. Insurers assert comparative fault aggressively in pedestrian and cyclist cases, which is why reconstruction, video, and physical evidence are secured before that argument gets traction.

Question 7

What has to be proven in a premises liability case?

Accepted Answer

That a dangerous condition existed, that the owner or operator knew or should have known about it, and that they failed to fix or warn about it in time. That proof usually comes from incident histories, inspection and sweep logs, work orders, and the company's own written safety policies.

Question 8

Can a property owner be responsible for an assault on their property?

Accepted Answer

Yes, when the violence was foreseeable and security measures were inadequate. Prior crime at the location, ignored complaints, broken locks or gates, unlit parking areas, and absent or untrained security personnel are the evidence that establishes a negligent security claim.

Question 9

I was hurt on a construction site. Can I sue if I am receiving workers' compensation?

Accepted Answer

Often yes. Workers' compensation generally bars claims against your own employer, but not against third parties — general contractors, subcontractors, property owners, or equipment manufacturers whose negligence caused the injury. Those third-party claims are how construction injury victims recover full damages.

Question 10

Do I need to prove the manufacturer was careless in a defective product case?

Accepted Answer

Not always. California applies strict liability to design defects, manufacturing defects, and failures to warn, meaning the focus is on the product itself rather than the company's state of mind. Preserving the product and its packaging intact is the single most important thing a client can do.

Question 11

Who is liable for a dog bite in California?

Accepted Answer

California imposes strict liability on dog owners for bite injuries, regardless of whether the animal had ever bitten before. Recovery frequently comes through homeowner or renter insurance, and can include the cost of scar revision and reconstructive treatment.

Question 12

How much does it cost to hire Black Diamond Law?

Accepted Answer

Nothing up front. We handle these cases on a contingency fee — you owe no attorney's fee unless we recover for you, and we advance the costs of experts, investigation, and litigation. Case evaluations are free and confidential.

Practice areas.

Catastrophic injury & wrongful death

Catastrophic injury

Wrongful death

Traumatic brain injury

Spinal cord & paralysis

Common questions

Motor vehicle & transportation

Truck & commercial vehicle collisions

Auto & rideshare collisions

Pedestrian & bicycle injuries

Dangerous roadway design

Common questions

Premises & property liability

Premises liability

Negligent security

Construction site injuries

Common questions

Products & other negligence

Product liability

Boating & recreational accidents

Dog bites & animal attacks

Common questions

Not sure which category your case falls under? Tell us what happened.