| Read Time: 2 minutes | Dog Bite

How Can I Collect Compensation for A Dog Bite In California?

  If you’ve been seriously injured by a dog attack in California, you can collect compensation from the owner of the dog, or anybody else that had custody or control of the animal at the time of the attack. As long as you were lawfully on the property, you can make a claim under California’s “strict liability” code for pain and suffering, emotional distress, lost earnings, and other damages. If you’ve been a victim of a dog bite in California, it’s important that you speak to an experienced California dog bite attorney, as soon as possible, to discuss your claim.   California Holds Dog Owners Strictly Liable California Civil Code  §3342 imposes strict liability for dog bites in California. This means that a dog owner is responsible for injuries caused by their dog, even if the dog has no history of being aggressive and has never bit anybody before. This applies not just to the dog owner, but to any person that’s in charge of the dog at the time of the attack. If the attacks take place at somebody’s home, the homeowner or renter’s insurance policy will cover the loss, and a business’s insurance will similarly provide coverage. Trespassers are excluded from collecting under strict liability, but can make a claim if an owner intentionally prompted his dog to attack you, even though you posed no imminent risk.   When Would I Be Barred From Suing? California’s strict liability applies only when an innocent person is attacked by a dog. If the owner can show that your injury was a result of your teasing or abuse of their dog, your claim will be barred. The best way to assess the strength of your claim is to speak to a California dog bite lawyer as soon as possible after a dog attack. If you or a family member have recently been bitten by a dog and are wondering what your options are, give us a call at (209) 600-4389 to set-up a free consultation. At Silva Injury Law Inc., our philosophy of legal practice is one of individual attention to each client. We focus on promoting healing through compassionate advocacy.  

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| Read Time: 2 minutes | Auto Accidents

You May Be Entitled To Punitive Damages If You’re Injured By A Drunk Driver in California

When you’re injured by a drunk driver, you’re entitled to compensation for your medical costs, lost earnings, and pain and suffering, just like any other personal injury case. In addition, based on the facts, you might also be entitled to collect punitive damages from the persons or entities responsible. The intent of punitive damages is to punish heinous behavior, sending the message that our society will not tolerate such conduct. If you’ve been injured in a drunk driving accident, you should speak to a California personal injury attorney about collecting compensation and punitive damages.   Does My Case Meet the Standard For Punitive Damages? Not every drunk driving case meets the standard for punitive damages. For example, somebody that had a few glasses of champagne at a graduation party, and bumped your car in the rear would be liable for negligence, but it’s unlikely that it would be possible to collect punitive damages even if they tested slightly over the legal alcohol percentage. On the other hand, if somebody stopped at a bar at the end of their shift driving an 18 wheeler, downed 10 shots of whiskey, got back in the truck and plowed into you, there would be a serious chance of collecting punitive damages. The issue is whether the drunk driving behavior was truly outrageous. An extra glass of champagne at a party is negligent, but drinking shots before driving an 18 wheeler is extremely reckless!     If you’ve been seriously injured by a drunk driver, you should contact the Silva Injury Law firm at (209) 600-4389 to set-up your free consultation.

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| Read Time: 2 minutes | Medical Malpractice

How to Find the Best California Medical Malpractice Lawyer

If you’ve suffered injuries as a result of poor medical care, you may be a victim of medical malpractice. If a medical practitioner (doctor, nurse, physician’s assistant, physical therapist, chiropractor, podiatrist, etc.) or medical care facility (hospital, surgical center, etc.) fails to use the proper standard of care, and the patient is injured or killed as a result, they are liable for medical malpractice. Medical malpractice cases require a tremendous amount of expertise, so it’s important to hire the best California medical malpractice lawyer you can find.   Common Types of Medical Malpractice The most common type of medical malpractice involves failing to diagnose, or misdiagnosing an illness. For example, a person diagnosed with heartburn at an emergency room is sent home and dies from a heart attack or doctors fail to diagnose cancer that spreads and becomes more difficult to treat. In other cases, the diagnosis may be accurate, but the wrong treatment is prescribed so that the person’s condition does not improve or worsens. Surgical errors, such as leaving an instrument inside a patient, can cause severe infections. Birth injuries caused by improper techniques are another type of malpractice. Always remember that you need to prove not just that the practitioner made a mistake, but that harm was done as a result. If you think you’ve been a victim of medical malpractice, it’s important to consult with the best California medical malpractice attorney to find out if you have an actionable claim.   Time Limits To File Are Short California has one of the shortest medical malpractice statutes of limitation in the country, requiring that actions be started within one year from when you knew or became suspicious of malpractice or three years from the actual injury. If the medical malpractice involves a municipality, the filing period could be even shorter. That’s why it’s important to consult with the best California medical malpractice lawyer you can find, as soon as possible.    

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| Read Time: 2 minutes | Uncategorized

Who Can I Sue For Injuries on the Job?

In most cases, if you’re injured on the job in California you’re barred from suing your employer, and limited to collecting workers’ compensation benefits. That’s why it’s usually only possible to sue for pain and suffering if a third party’s negligence caused the accident. If you’ve been injured in a work accident, you should consult with a California personal injury attorney to find out exactly what claims are available to you.   Why Third Party Claims For Job Accidents Help Workers Workers’ compensation benefits only entitle you to compensation for medical bills, lost earnings and statutorily capped small amounts of additional payments. On the other hand, lawsuits for personal injuries caused by negligence can yield very high verdicts and settlements. Workers’ compensation benefits can never fully compensate you for a lifetime of pain, suffering and limited abilities. That’s why it’s always worthwhile to investigate whether a third party is responsible for injuries sustained in a work accident. The best way to find out if you have a third party claim, in addition to workers compensation, is to consult with an experienced California personal injury attorney.   Examples of Third Party Claims For Injured Workers The most common type of third party claim for injured workers are traffic accidents. For example, you’re delivering pizza and and you’re hit in the rear by another vehicle while stopped at a red light, or you’re an attendant in an ambulance hit by a drunk driver. In such cases you’ll have BOTH a workers’ compensation claim and a third party lawsuit against the driver and owner of the vehicle. Other examples are an office worker is injured when an employee from a moving company drops something on their foot or a traveling salesperson injured by slipping on water at a hotel. The only way to know for sure whether or not you have a third party claim for your job injury is to contact an experienced California personal injury attorney.   Can One Attorney Handle Both Cases? Sometimes you will have two attorneys, one for workers compensation and another for the third party claim. This is because workers compensation is a specialized administrative process and third-party claims are handled by California personal injury lawyers that are skilled litigators.  

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| Read Time: 2 minutes | Wrongful Death

What To Do When Mistakes Causes Death

When a mistake causes a person to lose their life, the family can bring a claim for wrongful death against the responsible parties. If the person was killed instantly, the claim is limited to wrongful death, but if they suffered before they died, there can also be a claim for pain and suffering. These cases are complicated because they involve not just negligence law, but also estate law. The case can’t be officially commenced until a representative of the deceased person’s estate is officially appointed. If you have suffered from the loss of a family member and you believe that it may have been caused by the negligence or recklessness of another, you should contact an attorney that has experience handling wrongful death cases.   Types of Wrongful Death Cases Wrongful death can be caused by any type of negligence or recklessness. Common types of accidents that can cause death are: Traffic Accidents – When the operator of a vehicle is reckless or makes a mistake that causes a collision; Medical Malpractice – When a medical practitioner, such as a doctor, nurse, dentist or physical therapist fails to use the proper standard of care; Slip and Fall – When a person that owns or controls the operation of a property fails to take reasonable action to keep it safe; Nursing Home Neglect – When a facility fails to employ reasonable standards to keep residents safe; Product Liability – When manufacturers of a product do not take reasonable precautions to ensure that their product is safe for its intended use.   How To Find The Best Wrongful Death Attorney When you’ve lost a loved one, it’s important to find the best wrongful death attorney to handle your case. This will involve finding an attorney that’s an expert in the type of negligence that occurred, and also in handling wrongful death cases.

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| Read Time: 2 minutes | Auto Accidents

What to Do After A Commercial Truck Accident

It’s hard enough to know what to do after a car accident, but if you’ve been involved in a commercial truck accident it’s even more complicated. Commercial trucks can be registered in any of the 50 states and also in Canada or Mexico, involving both state laws and federal laws governing interstate commerce. If you’ve been seriously injured in a commercial truck accident, it’s important to hire an attorney that has experience handling cases involving big rigs and 18 wheelers.   Call the Police to the Scene The most important thing to protect is your health. That’s why the first thing to do is to call the police, who will arrange to have an ambulance sent to the scene. If you are seriously injured, try to move around as little as possible until the ambulance arrives. It’s important to have your injuries checked out at the hospital even if they don’t seem serious at first as internal injuries might not be symptomatic.  If you are not seriously injured, use the time that you’re waiting for the police to take photos and videos of the scene or ask others to do this for you.   Report the Accident To Your Own Insurance Company Many insurance policies have timely reporting requirements so it’s important to report the commercial truck accident as soon as possible. If you have coverage for medical benefits, lost earnings or damage to your vehicle, it’s helpful to begin these processes quickly so that you can collect the monies due to you quickly.   Do Not Speak To The Commercial Truck’s Insurance Company Insurance adjusters can be very friendly when they call you up and tell you that they can help you resolve everything quickly. What they are trying to do is to get to you say things that will hurt your case and/or to settle your case for much less than it’s worth. If you are contacted by the commercial truck’s insurance company before you’ve retained an attorney, just ignore the calls. Consult with an experienced commercial truck accident attorney as soon as possible after the accident.   If you have been injured by a commercial truck driver, call Silva Injury Law, Inc. today!

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