About John Devendorf, Esq.
John Devendorf is a graduate of UCLA and holds a J.D. from Seton Hall University School of Law, where he was a Distinguished Scholar, recipient of the ALI-ABA Scholarship and Leadership Award, and a participant in the Immigrant Workers’ Rights Clinic and special delegation to Haiti.
A licensed attorney for more than a decade, John transitioned to a career as a legal content writer and editor after an externship with the IRS, a judicial clerkship, and practicing at a civil litigation firm in Princeton, New Jersey. John now lives in Portland, Oregon, where he enjoys writing, international travel, and escape rooms.
Articles written by John Devendorf, Esq.
How To Prove Emotional Distress: Accidents, Harassment, and Bystander Claims
You can prove emotional distress damages with medical documentation, therapy notes, journals, and expert witness testimony. The jury can reasonably estimate the value of your emotional distress damages based on the extent of your injuries. Types of emotional distress claims include negligent infliction of emotional distress, intentional infliction of emotional distress, and bystander claims when a close family member suffers severe injury or death. For more information about proving emotional …
Hurt by a Golf Cart or ATV: Who's Responsible?
Drivers, vehicle owners, manufacturers, or property owners may be responsible for injuries caused by ATVs and golf carts. Golf cart and ATV accident lawsuits can be based on negligent vehicle operation, premises liability for unsafe conditions, and product liability claims for vehicle defects. Injury victims may expect their insurance to cover golf cart or ATV accident claims, but auto insurance generally excludes golf cart and ATV coverage. For help getting compensation after a golf cart or …
Who Is Liable for a Drowning or Pool Accident?
Property owners, pool operators, and supervising adults can be liable for drowning or pool accidents. Under premises liability laws, property owners are responsible for unsafe conditions on their property, including swimming pools without proper safety protections. Minimum safety precautions can include posted signage, pool covers, self-latching gates, perimeter fencing, and anti-entrapment drain covers. Parents and adults responsible for supervising children in a pool area may also be liable …
E-Bike and E-Scooter Injuries: Who Is Liable?
Liability for an e-bike or e-scooter injury depends on who caused the accident and whether another party contributed to the harm. A negligent or reckless rider, defective-product manufacturer, or local government responsible for unsafe conditions may be liable. An injured person generally must prove duty, breach, causation, and damages. Violating traffic laws may establish negligence per se, while helmet-law violations and e-scooter classifications can affect comparative fault. For legal advice …
Loss of Consortium: Can a Spouse or Family Member Sue?
Loss of consortium is a type of damages a spouse or family member can claim when their loved one suffers an injury caused by negligence. When your spouse suffers a serious injury or permanent disability, you can file a loss of consortium claim to recover damages for harm to your relationship. Qualifying spouses, partners, and immediate family members can seek damages for loss of companionship, intimacy, and household services caused by the victim's injury. For more information about loss of …
What Is the Statute of Limitations for a Personal Injury Claim? State-By-State
The statute of limitations is the deadline you have to file a personal injury claim. The statute of limitations varies by state and claim type, but generally runs from one to six years after the accident or injury. States may have different deadlines for wrongful death claims, property damage claims, and medical malpractice. Exceptions to the statute of limitations may give you more or less time to file a claim. People who discover their injuries later and children who suffer personal injuries …
Proximate Cause and Foreseeability: The Causation Test in Negligence
To recover compensation in a personal injury claim, you must prove proximate causation and foreseeability. Causation requires showing the injury was a natural, predictable consequence of the defendant's negligent conduct. The defendant may try to avoid legal liability by claiming intervening or superseding causes broke the chain of legal causation. For legal advice about proving proximate cause and foreseeability in an injury claim, talk to your personal injury attorney. Proving Causation in a …
Doorbell Cameras, Dashcams, and Phone Data: New Evidence in Injury Cases
Modern digital evidence, such as doorbell footage, dashcam recordings, phone records, and wearable devices, can provide crucial information in a personal injury investigation. You can use digital data to support your personal injury claim and prove the defendant's liability. However, you must act quickly to identify and recover digital evidence before it is deleted or overwritten. Talk to your attorney about subpoenaing and authenticating digital evidence for use in a personal injury lawsuit. …
What Is an Independent Medical Exam, and How Do I Prepare?
In a personal injury lawsuit, a court may order an independent medical examination at a party's motion, rather than the insurance carrier ordering it unilaterally. The purpose of the independent exam is to give the insurance company evidence to dispute your injury claim. Whether you must attend an IME depends on the governing law and, if a lawsuit is pending, applicable court procedures, but your attorney can help you prepare. During the IME, be truthful and accurate about your symptoms and …
Gaps in Treatment: How Skipping Doctor Visits Hurts Your Claim
Gaps in treatment and delays in getting medical care can hurt your personal injury claim. The insurance company can use your treatment gaps and missed appointments to argue that your injuries weren't severe or weren't caused by the accident. Even if you suffer permanent injuries and chronic pain, the insurance company will use any available evidence to dispute your claim or reduce your damages. After an injury accident, seek immediate medical attention and follow your doctor's advice so you can …
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