What
is a wrongful death claim?
A wrongful death lawsuit alleges that the decedent was killed as a result of the
negligence (or other liability) on the part of the defendant's, and that the surviving
dependents or beneficiaries are entitled to monetary damages as a result of the
defendant's conduct.
Under "common law" (the general legal principles passed from England
to the United States over hundreds of years) this type of claim did not exist.
It was reasoned that the claim died with the victim, and the surviving family
members could not claim damages from the person who caused the victim's death.
To correct this injustice, the individual states have passed "wrongful death
statutes" over the years, and some form of wrongful death claim action exists
in all state jurisdictions today. While they all follow some general principles,
each state jurisdiction is unique, since each state has drafted its own form of
"wrongful death statute."
What
is a "slip and fall"?
A "slip and fall" or "trip and fall" is the generic term for
an injury which occurs when someone slips, trips or falls as a result of a dangerous
or hazardous condition on someone else's property. It includes falls as a result
of water, ice or snow, as well as abrupt changes in flooring, poor lighting, or
a hidden hazard, such as a gap or hard to see hole in the ground.
If you are on someone else's property and injure yourself as a result of a dangerous
condition on the property, the land owner or business proprietor may be liable
for your injuries. If you are a property owner and someone injures himself on
your land, you may find yourself legally responsible for his or her injuries.
What
compensation may be needed after an auto accident?
Millions of auto accidents occur each year, injuring people and damaging property.
Where a matter is very minor, many people file the needed reports with the police
or DMV, tell their insurance companies, and go on with their lives, paying the
losses out of pocket. But all too often the matter is not minor, and can cost
you significant amounts of money and significant personal sacrifice or pain.
As you know, if you suffer a personal injury you'll likely require medical attention
and may need rehabilitation, both of which cost money. You may lose income (and/or
have to use up "sick time") because of the injury, and while treatment
and recovery takes place. You may have sustained property damage to your car and
other property. As you can't drive your vehicle while it is being repaired, you
may have to rent one, and car repairs and rentals can cost money. You may lose
the ability to perform various activities of normal daily living, for a while
or long term. You may endure pain and suffering.
The law permits you to seek recovery after an accident to "make you whole
again." The central concept is that you should be compensated in a manner
that, as best as the law can arrange, places you back in the same position as
you were before the accident. In addition to normal compensatory damages designed
to make someone whole, in extreme cases "punitive damages" may be available
if the injury was the result of someone else's reckless or irresponsible behavior,
or if the cause of the accident or the extent of the injury was caused by something
about the car that is dangerous - a defective product - that the manufacturer
should have corrected.
What
is a railroad accident?
Depending upon state law, the general rule is that a common carrier is liable
for injuries or damages caused by the negligent operation of its vehicles. If
the common carrier is a government-owned transportation system, the government
entity may be liable for injuries or damages resulting from the use of the transportation
system. There are some exceptions to lawsuits that can be brought against the
government. Additionally, every state and local municipality has specific rules
and procedures for bringing a lawsuit against a government entity. Sometimes,
a special notice is required to be filed with the municipality before a lawsuit
may be filed. The filing deadlines for such notices are generally short. If you
have been injured by a common carrier, please contact an attorney immediately
in order to determine the proper notice period which applies to your action.
What
is a trucking accident?
Depending upon state law, the general rule is that a common carrier is liable
for injuries or damages caused by the negligent operation of its vehicles. If
the common carrier is a government-owned transportation system, the government
entity may be liable for injuries or damages resulting from the use of the transportation
system. There are some exceptions to lawsuits that can be brought against the
government. Additionally, every state and local municipality has specific rules
and procedures for bringing a lawsuit against a government entity. Sometimes,
a special notice is required to be filed with the municipality before a lawsuit
may be filed. The filing deadlines for such notices are generally short. If you
have been injured by a common carrier, please contact an attorney immediately
in order to determine the proper notice period which applies to your action.
What
is a boating accident?
A formal written accident report is required to be filed when the following situations
occur:
Life is lost due to the accident.
Someone is injured and requires medical treatment beyond first aid.
There is a complete loss of the vessel or damage to the vessel and property exceeding
$500 (Many states have set a limit less than $500- contact the local state boating
authority to determine the amount).
Any person on board a vessel disappears (under circumstances indicating death
or injury).
Boating Accident Reports are required to be filed within: 48 hours of the occurrence
or if a person dies within one day (24 hours) 48 hours if a person is injured
and medical treatment beyond first aid is required. 10 days if there is only damage
to the vessel and/or property.
What
is a motorcycle accident?
As with other types of accidents, figuring out who is at fault in a traffic accident
is a matter of deciding who was careless -- or "negligent" in legalese.
In many cases your instincts will tell you that a driver, cyclist or pedestrian
acted carelessly, but not what rule or rules that person violated. Your argument
to an insurance company that another person was at fault for an accident can be
strengthened if you find some "official" support for your conclusion.
What
is a personal injury lawyer attorney?
Are any injury that was caused by the negligence of another. These require, by
their very nature, that someone be injured. Personal injury actions involve the
liability of one party to another for injury done to the body, that is, any injury
that was caused by the negligence of another. If you have an injury due to someone
else's negligence you have a number of rights and are entitled to personal compensation.
Legal action may be necessary to secure your personal rights. It often takes time
before you realize the extent to which your life is affected from an injury. That
is why it is important to know that there is a limited period of time to pursue
a personal claim for injuries.
What
is meant by the term "Defective Product"?
A "defective product" is one that causes some injury or damage to person
as a result of a person because of some defect in the product or its labeling
or the way the product was used. The manufacturer, and others involved in the
chain of commerce involving the products that caused the injury, are often liable
for injuries defective products cause.
All states allow some form of recovery to persons injured by "defective products".
"Product liability" cases run from the obvious (a car sold without operational
brakes, a mislabeled product that causes injury) to the not-so obvious (injury
from exposure to tobacco, or harmful side effects from an improperly tested drug).
What
are back and neck injuries?
Even in what seems to be relatively minor accidents people can injure their neck
and back. The force generated by an accident forces the spine forward and backward,
or side to side. This can tear and stretch muscle, resulting in painful injuries.
The soft disks that are between the vertebrae can also tear, a more serious injury.
Back and neck injuries are, according to health agencies, the most common reason
for missed work, and one of the most common complaints made to doctors.
What
are spinal cord injuries?
Even in what seems to be relatively minor accidents people can injure their neck
and back. The force generated by an accident forces the spine forward and backward,
or side to side. This can tear and stretch muscle, resulting in painful injuries.
The soft disks that are between the vertebrae can also tear, a more serious injury.
Back and neck injuries are, according to health agencies, the most common reason
for missed work, and one of the most common complaints made to doctors.
What
are toxic torts?
As in all product liability claims, three grounds for suit may be utilized in
toxic tort litigation: Negligence, Breach of Warranty, Strict Product Liability.
Regardless of which ground is used, the issue to be resolved by the fact finder
at trial, whether it be a judge or a jury, is whether the conduct of the defendant
in the way it used a chemical, mineral or other harmful product was unreasonably
dangerous and thereby caused injury to the plaintiff or a group of plaintiffs.
The primary issues in such cases will be the conduct of the defendant, the dangers
known to exist at the time the defendant engaged in the conduct of which it is
accused and the causal relationship of the offending agent to the plaintiff's
injuries. Toxic tort claims rely heavily upon the use of expert witnesses on all
of these issues.
What
is a brain injury?
When the brain is injured, the essence of the person is affected. Memory, reason,
temperament and personality may all be impaired in strange and inconsistent ways.
Traits that were minor idiosyncrasies before may expand into debilitating obstacles.
The effect may be devastating to the victim's relationships, occupation, income,
school performance, and overall quality of life. However, he may look just fine
physically, and may seem normal in casual encounters. To make matters worse, friends,
family members, coworkers and employers may not understand or sympathize with
an injury they cannot see.
When a person suffers multiple severe physical injuries, the focus is often on
the visible injuries, the cuts and broken bones. Closed head injury to the brain
is thus one of the most overlooked and sinister outcomes of traumatic injuries.
Broken bones can heal, but the unseen injury of a bruised brain may never fully
recover.
What
is a catastrophic injury?
Catastrophic injuries, as well as death of a loved one or one's own mortal illness,
propel one into a process of grief. Counselors list several stages of grief that
one must go through in order to come to grips with a sobering new reality.
Devastating injuries, catastrophic in scope and permanent in nature, can arise
in numerous and varied ways, and take a tremendous toll in terms of personal,
family and community suffering and loss. For example, injuries involving paralysis,
burns, head injuries and injuries resulting from toxic exposure are often catastrophic
in nature.
California
Personal INJURY?
Alameda,
Beverly
Hills,
Contra Costa,
Fresno,
La Jolla,
Lake
Tahoe,
Los Angeles,
Marin,
Orange County,
Palo
Alto,
Pasadena,
Placer
County,
Sacramento,
San
Bernadino,
San Diego,
San
Fernando,
San Francisco,
San
Mateo,
Santa Clara,
Santa
Ynez,
Sonoma,
Sunnyvale,
Ventura