| Read Time: 2 minutes | Dog Bite

California Dog Bite Injury – What’s my Case Potentially Worth?

According to the Center for Disease Control (CDC), about four and a half million dog bites occur each year in the United States, with close to a million requiring medical attention. The Insurance Information Institute (III) estimates that close to $100,000,000 a year is paid out to dog bite injury victims. Most dog bites cause only minor injuries, but in some cases, they can cause disfigurement and long-term disability. That’s why it’s important to consult with an experienced California dog bite injury attorney that can help you determine what your case is worth.   Dog Owners Are “Strictly Liable” In California California’s strict liability for dog bites law holds owners responsible for the damages caused by their dog’s bite as long as the victim was legally on the property where they were bitten. Unlike some states, it is not necessary to prove that the dog had vicious propensities or had ever bitten anybody else. The liability of the owner extends to anybody charged with the responsibility of caring for the dog such as a friend, neighbor or dog walker. The major exceptions are for dogs that were performing military or police duty when the accident occurred.   What About Support Dogs? Emotional support animals are not required to undergo specific training in California, so it’s not uncommon for them to attack people. Despite the protections afforded people with disabilities that require the use of an emotional support animal, they can still be held liable when their dogs attack others. If the owner of an emotional support animal refuses to provide you with information, you may need to call 911 for assistance.   Medical Treatment After A Dog Bite It’s important to seek treatment immediately after a dog bite due to the risk of infection. The saliva can contain bacteria that can multiply quickly and cause major complications and there is always the risk of rabies if you don’t know the owner. Some injuries from dog bites can cause life threatening loss of blood from deep wounds, fractures, dislocations, and cosmetically sensitive injuries that require immediate attention from a plastic surgeon. Follow up treatment for wound care and other injuries is usually required.   Assessing the Value of a Dog Bite Injury Minor bites in areas that are not cosmetically sensitive usually resolve quickly and result in settlements of $50,000 or less. Victims that have been severely bitten on the face can receive very large amounts of compensation for the pain, suffering and humiliation they will face for the rest of their lives. Settlements and verdicts for facial disfigurement can be hundreds of thousands of dollars, even more if the victim is young, single and female. In between these two extremes there are many victims that have scars in less prominent areas and lost time from work as a result of their dog bite injury. It’s important to speak to an experienced California dog bite injury attorney about your particular case.

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| Read Time: 2 minutes | Negligence

Recovering Lost Wages in a California Personal Injury Claim

Accident injuries can cause you to be unable to work either temporarily or permanently. If you have a physical job such as carpentry or you’re a professional dancer, you might never be able to do that type of work again. Back injuries can make it impossible to drive a car or sit at a desk for long periods of time.  That’s why it’s important to know that you can recover lost wages from the parties responsible for causing your accident. The best way to find out how much money you can recover for lost wages in California is to speak to an experienced attorney about your personal injury claim.   Lost Wages v. Reduced Earning Potential When you’re injured due to somebody else’s poor driving, unsafe conditions on their premises, medical malpractice, vicious animal or other negligent, reckless or intentional acts, you’re entitled to be reimbursed for your lost wages. This includes the value of lost sick days, vacation days and time off from work getting treatment for your injuries. If you are self-employed, you can collect lost earnings by showing that you made less money or that you had to hire somebody to replace you. Reduced earning potential is additional money that can be claimed for reduction in your ability to earn income during your lifetime. For example, if you were a construction worker doing highly skilled work that must now do much lower paid desk work, you are entitled to the value of the difference in income. Successful actors, models and athletes that can no longer work in their profession can collect extremely large amounts of money for the termination of their careers.  Proving these claims requires an experienced California personal injury claim attorney and the services of a vocational expert.   The Lost Earnings Claim Process The first step is to apply for disability benefits through your employer or to seek disability benefits from your insurance company if you’re self-employed. These benefits do not usually pay the full amount of your lost earnings, and careful records must be kept to present as evidence of your loss. You’ll need doctors to provide documentation and/or testimony to support your claim that the injuries you’ve suffered were severe enough to prevent you from working and were caused by your accident. Of course, you’ll also need to prove that the other party is actually responsible for the accident. Once these elements are proven, it’s usually possible to achieve a settlement with the responsible party’s insurance company that includes your lost earnings and lost earning potential damages. If a settlement cannot be reached, you have a right to take your case to trial to be decided by a judge or jury.   California Personal Injury Claim Attorney Every case is different, that’s why it’s important to speak to an experienced California personal injury claim attorney as soon as possible after your accident. Deadlines can be short and evidence can be destroyed, so it’s important to call as soon as possible.

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| Read Time: 2 minutes | Negligence

Suing the Federal Government for Negligence

The doctrine of sovereign immunity, is a common law concept that began in the era of Kings. Intended to protect monarchs, it prohibits suing the government for their negligent and reckless actions. This hasn’t changed, but laws have been passed that will allow some lawsuits against the government. The Federal Tort Claims Act (FTCA) was signed into law in 1946, and permits private parties to sue the United States in federal court for negligent or reckless acts committed when acting on behalf of the federal government. If you’ve been injured as a result of the negligence or recklessness of a government employee, it’s important to work with an experienced California federal court attorney to get the highest amount of monetary compensation for your injuries.   What Types of Claims Are Allowable? The FTCA allows claimants to sue for property damage, personal injury, and wrongful death due to negligent or reckless actions of federal employees, if a similar action is allowable by state law in the jurisdiction where the incident happened. It’s important to understand that this limits lawsuits against government employees to acts committed in the scope of employment. For example, you can sue a postal worker that hits you in the rear with their truck while delivering mail, but you can’t sue this same worker for an accident while she’s buying groceries, even if she was driving the mail truck. FTCA prohibits lawsuits for intentional acts such as false imprisonment, defamation and assault, but there are other laws that can be used in these cases. You cannot sue the government for negligent or reckless acts committed by independent contractors working on government projects, but you can usually sue these persons and entities directly. These laws and exceptions are complicated, that’s why it’s wise to hire an experienced California federal court attorney who knows how to help you get the highest possible amount of compensation.   How California Federal Court Attorneys Handle Cases The first step is to file a claim with the appropriate federal agency. This should be done as soon as possible, but must be filed within two years. This is not the same thing as filing a lawsuit. It’s an administrative claim that is a prerequisite to filing a lawsuit if the claim cannot be settled with the government agency. If the agency does not make an offer of settlement, or you are not satisfied with the offer, you have six months from that decision to file a lawsuit. There are many other provisions of federal law that must be carefully adhered to in order to collect a substantial amount of monetary compensation for personal injuries. It’s important to work with a California federal court attorney to get the best results. Serving Turlock, Modesto, Merced, and Monterey, California. Please call today for a free consultation.

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