What is the test for a claim of unprofessional error in a personal injury action?

California, United States of America


The following excerpt is from People v. Gardner, C078441 (Cal. App. 2017):

defendant must show "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome." (Strickland v. Washington, supra, 466 U.S. at p. 694.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
What is the limitation on personal injury claims by a plaintiff in a personal injury case? (California, United States of America)
Is there any error or error in the instructions of a jury in a personal injury action? (California, United States of America)
How have courts dealt with personal injury claims in personal injury cases? (California, United States of America)
In a personal injury action, how have attorney fees been awarded in personal injury cases? (California, United States of America)
Can an adverse party in a personal injury action recover fees paid or payable to his own attorney for services rendered in that action? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
Does a "no action" clause in a personal injury claim apply to an insurer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.