| Read Time: 3 minutes | Personal Injury

What to Expect During Your Free Personal Injury Consultation

If you suffered severe injuries in an accident that you didn’t cause, you need help to get the justice and compensation you deserve. Talking to an injury lawyer as soon as possible will help get you moving toward those goals. Most California injury lawyers offer free consultations. If you know what to expect when you arrive for your meeting, you can be prepared to get the answers and information you need to take the next step. When you consult with Silva Injury Law, Inc.—either in person or virtually—you will have the benefit of our extensive knowledge and experience focused on your case. Our skills and dedication help us get the best possible outcome for our clients. Here’s what you can expect from your free personal injury consultation at Silva Injury Law, Inc. Beginning Your Free Personal Injury Case Evaluation We start by sitting down with you and simply listening. We will ask you to provide a detailed account of your accident, as well as any other relevant information or details that could be important. It’s a good idea for you to bring along any documentation that you have, such as a police or accident report, photos of the accident scene, medical treatment records, estimates for repairing your vehicle, etc. If you don’t have all this information, don’t worry. We can handle getting copies of anything you don’t have available. Personal Injury Case Analysis The next stage of your free injury consultation involves us asking questions and delving deeper into the details. We will ask about whether you have spoken to the insurance company or provided them with a statement (we strongly advise against speaking to any insurance company, even your own, until after your free personal injury consultation). We will discuss any other conversations you might have had with the other involved parties, witnesses, etc. We will then review any documentation you have and clarify any outstanding issues or questions we might have. Based on the details as we have them, we will provide an initial estimation of what the value of your case might be. We will also provide a rough estimate of how long we believe it will take to resolve your case. Typically, we can resolve injury cases through an insurance settlement. This is the shortest, least costly approach, and it gets you the financial resources you need as quickly as possible. In some cases, we may recommend filing a lawsuit. However, we typically consider that only as a last resort, if the insurance company will not settle. Of course, with the many variables and factors that can affect a legal claim, we can only give you our professional opinion regarding potential outcomes. However, if we believe you have a viable case, you can rest assured that we will fight to get you every dollar possible. Making Your Decision Regarding Injury Attorney Representation At Silva Injury Law, Inc., we provide free injury accident consultations without pressure or obligation. We understand the importance of the decisions you face, and we want to ensure that you get the legal representation that best suits your needs. Whether or not we believe you have a strong case, we will be forthright and honest with you about the potential outcome.  We accept cases on a contingency fee basis. We advance all costs to investigate and document your case and handle every aspect of the legal process. You won’t have to pay us any legal fees whatsoever unless we recover compensation on your behalf. During your consultation, we will also go over our fee structure with you, so you know exactly what to expect once we obtain a settlement or award. You can let us know your decision about whether to move forward at that time or follow up with us later. We want you to feel comfortable with us and confident that you’ve made the right choice for yourself and your future. How to Schedule Your Free Personal Injury Consultation To schedule your no-cost injury accident consultation with Silva Injury Law, Inc., you can call our attorneys at 209-600-7768, text us at 209-600-4389, or email us. You can also use the online contact form on our website. We look forward to assisting you and helping you get the results you deserve for your injury case.

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| Read Time: 3 minutes | Personal Injury

Personal Injury Statute of Limitations in California

When you are injured in an injury accident, you have only a limited amount of time to bring a lawsuit for your damages. This deadline is known as the statute of limitations. The personal injury statute of limitations in California is generally two years from the date of the injury. However, the two years do not always apply in every claim. Some situations may alter the personal injury statute of limitations.   If you inadvertently miss the deadline, the court will most likely dismiss your entire case. That means even if you were in the middle of negotiations with the negligent party’s insurance company, they are under no obligation to continue settlement talks or offer you any compensation. Don’t risk your entire case by miscalculating the statute of limitations. Instead, retain an experienced California auto vehicle accident lawyer who can help. Examples of Statutes of Limitations in California As we mentioned, the general statute of limitations for personal injuries is two years from the date of injury, but that deadline doesn’t always apply. Cases involving minors and claims against government entities are two examples where the applicable deadlines may vary. The nature of the case can also impact the statute of limitations. Examples of standard California limitation periods include: Property damage or trespass is three years; Defamation of character is one year; Medical malpractice is one year from discovery; Fraud is three years from discovery; False imprisonment is two years; Asbestos exposure is one year from discovery; and Wrongful birth is six years. Wrongful death claims have a two-year statute of limitations, similar to that for personal injury. However, the two-year limitations period starts running on the date of death, not the date of the accident. Someone may live for three days or a year after the accident. Therefore, the statute of limitations is based on the date of death. Date of Discovery Specific claims, such as medical malpractice or fraud, use the date of discovery rather than the incident date. For example, imagine a surgeon leaves a piece of surgical equipment inside a patient, but the patient does not discover it until six months later. The statute would start running from the date of discovery rather than the date of surgery. However, this doesn’t mean you have an unlimited amount of time to discover the negligence. There is usually a cut-off date. For example, you have three years from the date of injury with a medical malpractice claim. That means if you discover the problem within a year from the injury date, you will still have a year to file your claim. But if you find out about the mistake five years after surgery, you will not be able to bring a medical malpractice claim. Tolling the Statute of Limitations in California Sometimes the statute of limitations may be suspended or not start running until a later date. This is known as “tolling” the statute of limitations. Situations where the deadline may be suspended include when the defendant is: Under 18 years of age; In prison or jail; Out of California; or Declared legally insane. Once the condition that caused the statute of limitations has changed, the clock will start running again. Cases involving a tolled statute can be challenging to resolve, which is why retaining a legal practitioner is crucial.  Contact a California Auto Vehicle Accident Attorney If you were injured in an auto vehicle accident or other types of injury accident, don’t risk your potential compensation by attempting to handle your claim independently. Let the professional team at Silva Injury Law, Inc. help. We have years of experience representing injured clients just like you. We will preserve the personal injury statute of limitations and fight to hold the responsible party accountable. To learn more about how we can protect your rights, contact Silva Injury Law, Inc. today to schedule a consultation.

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| Read Time: 3 minutes | Personal Injury

Do I Need to Hire an Injury Lawyer Who Is Near Me?

When someone else causes you an injury, they are liable for compensating you for any damages you suffer due to their actions. Sometimes recovering damages is as simple as making a handshake deal with the person who injured you. More often than not, however, starting a legal claim is necessary to recover your damages. To help initiate legal proceedings, however, you will need an injury lawyer.  Many people have never hired a lawyer before, so they do not know where to start their search. Because finding the right lawyer can feel like a daunting task, we put together this quick guide. In our guide, you will find some of the most frequently asked questions about hiring an injury attorney. Do I Need to Hire an Injury Lawyer Who Is Near Me? Your injury lawyer does not have to be your next door neighbor, but it helps if they are nearby. If you need to go to your lawyer’s office to drop off or sign documents, you won’t want to drive an hour away to do so. The further away from you, your lawyer is, the more of a hassle meeting in person becomes.  Many other issues can arise if you hire a lawyer that is not near you. If your case goes to trial, for example, your legal practitioner may need to travel to go to court, which may ultimately affect your costs. On top of everything else, it is helpful for your lawyer to be geographically close to you. Trust is the foundation of attorney-client relationships. Part of trusting someone is knowing them. If your attorney is from the same area as you, you have that in common even before you meet one another. Having something in common can help build the trust that will serve as the foundation to our professional relationship with your attorney. On the other hand, you should not sacrifice experience and skill for proximity. It’s important to have an attorney with knowledge about the specific area of law your case falls into, as well as years of experience handling those types of claims. If you need to travel further to find a lawyer with the right skillset, do not hesitate to do so. How Do I Find the Right Lawyer Near Me? Not every attorney is right for every client or case. To find the right injury attorney for your case, first, make a list of five to ten potential attorneys. With the list in hand, you can then consult with each of the attorneys to see which one is the right fit for you. Before your consultations, prepare a list of questions that you will ask each attorney you speak to. If you use the same questions with each attorney, you can objectively compare their answers. Finding Local Injury Lawyers To find injury attorneys in your area, you can use general search engines like Google or specialized lawyer search engines like Avvo and Findlaw. Just type in your geographic area and “injury lawyer” and look through the results. More often than not, these websites will also show you client reviews, so you can learn a little more about each attorney before giving them a call. You can also search for attorneys through your local bar association. The California Bar Association maintains a directory of local California Certified Lawyer Referral Services (LRS). The California Bar Association breaks the directory down into smaller geographic areas. Select the area closest to you, and you will find injury attorneys in your area. Questions to Ask The questions you ask each of the attorneys you speak to should reflect what is most important to you. Aside from the questions you come up with yourself, you can start with general questions like: How do you bill your clients? Have you won any awards or recognition for exemplary service? Why did you choose to practice personal injury law? How do you approach each case? What do your prior clients have to say about your work? What was the most difficult case you handled, and how did you overcome the challenge? Start by writing down these questions, then see what sorts of questions you can come up with that are most relevant to your needs specifically. Contact Silva Injury Law, Inc. Today If you were injured in California and are considering filing a lawsuit to recover damages, the injury attorneys at Silva Injury Law, Inc. are here to help you. You deserve compensation for the damages you suffered. Our team is here to make sure that you do recover those damages. Our passion is our clients, and our mission is their complete satisfaction. Don’t just take our word for it. Check out our client testimonials page to see what our clients have to say about us. Make sure to include Silva Injury Law, Inc. in your search for an injury lawyer near you. Contact us today!

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| Read Time: 4 minutes | Personal Injury

How Much to Expect From an Injury Settlement in California

Figuring out how much to expect from a California injury settlement is an important step to take whenever you file such a claim. With an estimate in mind, you will know what sort of settlement offer is acceptable. If a settlement offer does not adequately account for the amount of damages you suffered, something is wrong. The other party is making a lowball settlement offer. It is best to avoid accepting a lowball settlement offer whenever possible. If someone else caused your injury, after all, your settlement should at least cover the total damages you suffered. Otherwise, you are paying for something that is not your fault, which entirely defeats the purpose of filing a legal claim in the first place. Building an Estimate of Your Claim’s Value Estimating the value of your injury claim is best done with the help of an experienced injury attorney. Injury lawyers know how to turn over all the stones necessary to make an accurate and thorough assessment of an injury claim. Even so, you can make an estimate yourself before meeting with prospective legal team. When you meet with the lawyers, you can compare the numbers you came up with. Comparing notes and numbers will help shore up your trust in the estimate. To build your estimate, all you have to do is add up all of the losses you suffered due to the injury. Read on for more information on the different types of damages. Taking Account of Damages The damages that you can suffer as a result of an injury vary as much as injuries themselves do. Injuries often have a sort of ripple effect in the way they disrupt our lives. The ripple effect is different for everyone. Still, there are ways of categorizing and organizing various damages that can help us take inventory of all of them. Like most jurisdictions, California law primarily breaks damages into two separate categories: economic damages and noneconomic damages. The categories are very different from one another but are still the same at their root. They are both types of losses that we can suffer. There is also a third category called punitive damages. Punitive damages are less common than economic and noneconomic damages. Because they are less relevant to our discussion of injury settlements, we will not discuss punitive damages in this piece. Economic Damages Economic damages are the losses you suffer that have a tangible, objective, and identifiable monetary value. Calculating the worth of a given “piece” of economic damages is a simple process. All you have to do is find the relevant receipt, bill, or bank statement. The record of the damages will have a precise monetary value. The nice thing about economic damages is that they are hard to dispute. If there is a clear causal connection between the injury and the specific damage, the other party has no way to dispute their value. As a result, economic damages are relatively easy to account for and prove in court.  Economic damages come in many different forms. Some of the types of economic damages you might suffer after an injury include: Emergency medical services, Property damage, Rehabilitation services, Specialized medical services, In-home help, Loss of wages, Loss of the ability to earn a living, and Vocational training. These are just a few of the many different possible economic damages. It is important to be as thorough as possible when you take inventory of all the economic damages you suffered. If you forget to account for an economic loss until after you settle your claim, it will be very difficult to recover that sum. Noneconomic Damages Noneconomic damages are a bit less straightforward than economic damages. Unlike economic damages, noneconomic damages measure intangible losses. They lack a precise monetary value and are inherently subjective. Their subjectiveness often makes noneconomic damage a contentious issue in civil litigation. After all, an intangible loss worth $1,000 to one person may only be worth $50 to another. Still, noneconomic damages represent just as much of a loss as any economic damages. Like economic damages, there are many different types of noneconomic damages. Some of the most common types of noneconomic damages are: Pain and suffering, Emotional anguish, Loss of career, Loss of companionship, Loss of enjoyment of life, Loss of a bodily function, and Damage to reputation. Looking through this list, it becomes apparent why noneconomic damages are contentious issues in injury claims. How can you place a monetary value on pain and suffering? Furthermore, once you do place a value on pain and suffering, how do you get someone else to agree on that value? Luckily, injury attorneys have experience putting a price tag on intangible noneconomic losses. So with the help of an attorney, you can take some of the guesswork out of calculating the value of your noneconomic losses. Once you have a thorough inventory of all of your economic and noneconomic losses, make sure that each item has a specific monetary value. To estimate the value of your claim, add up all the losses. Now, with the sum of all your losses in hand, you have your estimate. Do You Need Help Figuring Out How Much Your Injury Claim Is Worth? If you are filing an injury claim in California and want to make sure you know how much your claim is worth, contact Silva Injury Law’s team of experienced injury lawyers today. Our firm’s philosophy is to promote healing through compassionate advocacy. That means doing everything in our power to help our clients heal from their injuries and get their life back to normal. No matter what injury you have and no matter how much your claim is worth, Silva Injury Law, Inc. is here to help you. Check out our client testimonials page to see what our previous clients have to say about us, then contact us for a free consultation. We will help you get back on track.

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| Read Time: 2 minutes | Auto Accidents

Parking Lot Accident Injury Claims In California

Automobile accidents can happen anywhere, and parking lots are no exception. Many parking lot accidents occur due to one or both drivers failing to pay attention to their surroundings. As parking lots can become crowded and busy, it can be easy for drivers to miss something and cause an accident. Whether it be adjusting the radio or air conditioning, or being preoccupied looking for a parking spot, distractions are frequent in parking lots. If you are involved in an accident in a parking lot in California, be sure to document the accident. Document the scene, report the accident to insurance companies, and if you sustain an injury as a result of the accident, contact a personal injury attorney who can assist you in pursuing compensation for your injuries. COMMON ACCIDENTS IN PARKING LOTS Given the busy nature of parking lots, accidents are common. The following are types of accidents which occur frequently in parking lots: Rear-end collisions due to a car stopping short Turning unexpectedly and rapidly in front of oncoming traffic Backing out of a spot without looking properly behind Driving the wrong way Driving through a crosswalk or a stop sign within the parking lot Driving at an unsafe speed Thankfully, the majority of parking lot accidents are minor in nature as they tend to occur at low speeds. However, if a pedestrian or high speed are involved in the accident, the injuries may be substantially more severe. Pedestrians who are knocked to the ground may suffer from a variety of minor to serous injuries, such as back or head injuries POTENTIAL LIABILITY FOR DRIVERS Drivers of vehicles who cause damage due to their negligence or wrongdoing can be held liable for injuries others obtain. In California, all drivers are required to use reasonable care to operate their vehicle, SUV, or truck safely so as to avoid causing harm to others. When a driver fails to look in the rear and side mirrors before baking out, drives too fast, ignores lights, signs and markings in a parking lot they may have breached a legal duty. POTENTIAL LIABILITY FOR PROPERTY OWNERS Property owners in California can be liable for injuries which result from dangerous conditions on their property which they either knew about or should have known about. Therefore, the owner of a parking structure or lot may be liable if they fail to maintain the property in a safe manner. This may involve an owner failing to make repairs, to provide proper staffing and training for staff, having inadequate lighting, failing to mark the proper directions of travel in narrow lanes, failing to mark crosswalks for pedestrians, or having improper designs for parking areas which can create an unreasonable risk of harm to parties near or in the area. Additionally, pedestrians may slip and fall on unmarked curbs or slimy concrete. Parking lot owners may be liable for injuries that are a result of these conditions. CONTACT AN ATTORNEY If you have been injured in a parking lot due to the negligence of another driver or the owner of the parking lot, reach out to an attorney. A skilled attorney at Silva Injury Law will assess your case for free and help you pursue compensation for your injuries.

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| Read Time: 2 minutes | Personal Injury

Injury Claims For Minors Against a School In California

We often view schools as a safe place where children can grow and learn in healthy ways. Unfortunately, there are often many dangers present at schools which can cause children to experience serious injuries and even death. Schools have a duty to take every reasonable action to protect the children in their care. When a school fails to do what is reasonable and their negligence causes a child to be injured or killed, the child has the right to seek compensation for their damages. If your child has been injured while at school, reach out to a skilled personal injury attorney who can assist you with your case. California law regarding school liability is complex and an attorney can ensure you and your child receive fair compensation. California School Duties Courts in California have established that schools have a duty to protect children in schools. The school is required to provide adequate supervision for all children in their care. While the school is not considered an insurer of the student’s safety, the school district does have a legal duty to act with reasonable care in supervising children in its charge. When the proximate cause of an injury was due to the failure of a school to exercise reasonable care, they can be liable for the injuries. Therefore, if the school failed to provide supervision and a child suffers an injury, and the injury could have been avoided had the school exercised proper supervision, there may be a liability claim. Examples of potential negligent conduct by school administrators, teachers, coaches and school districts include the following: Failing to properly maintain buses and means of transportation A lack of adequate supervision during extraocular activities, recess, lunch and breaks Failing to prepare food in a sanitary and safe manner Having inadequate emergency plans for fires, tornados, earthquakes, school shootings, etc. Failing to repair equipment, grounds, and unsafe structures Failing to supervise and have adequate safety measures for sports and physical activities Injuries That May Give Rise to Claims Against a School Common examples injuries which may result in school liability include the following: Playground injuries Bullying and physical violence injuries Bus accidents Chemical exposure and burns Sexual abuse or assault Shaken baby syndrome Broken bones Scratches, cuts, burns Brain damage and head injuries Violence leading to injury or death What to Do If Your Child Has Been Injured At School If your child has been injured as a result of a school’s negligence, there are specific steps which must be followed. As the required steps and claims include time specific and detailed information, it is best to pursue with the assistance of an attorney. With an experienced attorney at Silva Injury Law, you can be certain that all deadlines and requirements will be met and that your child receive the compensation they deserve.

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| Read Time: 2 minutes | Negligence

Proving Negligence In Child Injury Premises Cases

In California, landowners have a legal duty to ensure their property is safe for guests. When property owners fail to acknowledge and repair potential hazards that they were aware of, or should have been aware of, victims who are injured have a right to seek compensation for their damages. Even if the injured party was not invited onto the property, therefore trespassing, the owner still may have liability if their actions amounted to negligence. Whether or not a property owner is liable for the injured party’s damages will hinge on whether or not the owner acted with reasonable care in relation to the foreseeability of a risk. ATTRACTIVE NUISANCES AND PREMISES LIABILITY Generally, in California the law does not require that an individual be an invited guest in order for them to invoke property owner liability when they are injured on another’s property. This extends to children who suffer an injury on a property that they technically have trespassed on. This is particularly common when there is an attractive nuisance. An attractive nuisance is a condition on a person’s property which may attract children that are unable to appreciate the inherent danger of the condition. These objects, such as swimming pools, trampolines, man-made ponds, tractors and other equipment, can look enticing to children who may not comprehend the potential treat to safety these items pose. Therefore, even when a child trespasses, if they are injured or killed because of an attractive nuisance, the property owner may be held liable. PROVING PROPERTY OWNER LIABILITY In order to invoke property owner liability when a child has been injured due to an attractive nuisance, it is necessary to prove that the owner of the property failed to use reasonable care in keeping their property safe in relation to the foreseeability of risk. The following factors may be helpful in proving liability: If the property owner knew or should have known that it was likely for a child to trespass onto the property. If the property owner was aware or should have been aware of a hazardous condition and the associated risk it would create for individuals, such as children, on the property. Whether or not the injured child should have understood the risks associated with the hazardous condition. If the owner of the property could have reasonably fixed the hazardous condition. That the burden that would be placed on the property owner to eliminate the risk is minor compared to the potential risk posed to children who may enter the property. CONTACT AN ATTORNEY TODAY If you or your child has suffered an injury on another’s property due to the owner’s negligence, contact an experienced attorney at Silva Injury Law today for a free consultation. An attorney will work with you to help you understand the elements involved in your case, whether or not you have a potential claim, and assist you in investigating and building your case.

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| Read Time: 3 minutes | Personal Injury

Fitness Gym Injury Claims

Under personal injury law in California, when someone is injured in a fitness center accident, they can file a personal injury lawsuit against the responsible parties. Typically, injuries in fitness centers are caused by negligent gym owners, instructors, trainers, third party contractors who are responsible for the maintenance and inspection of equipment, or other gym members.   COMMON ACCIDENTS IN GYMS   There are a number of hazards that can lead to injury or even death in a gym. Gyms involve a number of people and often have large and heavy equipment. If this equipment is faulty and does not work properly, it can lead to injury. Likewise, if equipment is not properly maintained it may pose a safety risk. Additionally, it is common for employees to exhibit negligent behavior or even intentionally exhibit behavior that may pose a risk to the health and safety of gym members.   The actual gym itself may pose potential slip and fall threats, as surfaces may become dirty or slick. Finally, gyms often have many members using the facility at any given time which may lead to safety threats from irresponsible gym members or altercation between members.   POTENTIAL DAMAGES RELATED TO GYM INJURIES   The injuries one may sustain at a gym range from minor to severe. The implications of one’s injuries depend on the magnitude of the injury. It is common however for those injured in accidents at a gym to suffer the following damages:   Pain and suffering both physically and emotionally Lost wages from missing work due to medical complications Extensive medical bills Property damage Punitive damages   PROVING NEGLIGENCE FOR GYM INJURIES   In order to show that either the gym, trainer, contractor or another individual is liable, it is necessary to prove they were acting negligently when the accident happened. In order to determine negligence, it is important to look at what behavior caused the injury, whether or not the individual who caused the accident owned the victim a duty of care and if so, whether that duty of care was violated due to the behavior.   GYM OWNER’S DUTY   California law requires that a gym owner ensure that their facility is safe, and that all equipment is in good working condition and safe for gym member’s use. This means gym owners must maintain and upkeep the property to ensure it is in good condition. They must also regularly inspect the machines to ensure that they work properly. When equipment is damaged, the owner must make any necessary repairs. When equipment is undergoing repairs, the owner must have visible warning signs as well as warning signs for any dangerous condition throughout the facility.   EMPLOYEE AND TRAINER LIABLITY   If an employee of the gym is not conducting themselves appropriate in the gym and is acting negligent, the employer can be held liable. If an employee is failing to supervise the facility or is acting intentionally inappropriate the gym owner may be liable. Similarly, if there is an insufficient staff available to monitor the facility or if hiring is done negligently, the employer may be liable.   Similarly, if a personal trainer at the gym is completing their job negligently, they can be liable. This may occur when they instruct a gym member to do a workout incorrectly and it results in injury. A trainer can be liable for injuries which are a result of their negligent or reckless instructions.   CONTACT AN ATTORNEY TODAY   If you have been injured due to the negligent acts of a gym owner, employee or trainer, reach out to an attorney at Silva Injury Law who can assess your case for free and determine if you have right to compensation for your injuries.

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| Read Time: 2 minutes | Negligence

Electrocution & Electric Burn Injury Claims in California

Electrocution and electrical burns are regarded as damage that occurs to either the skin or internal organs following a person’s direct contact with an electrical current. Electrocution is the fifth leading cause of work-related injury deaths throughout the United States. Even when the victim does not die, they may experience severe burns, heart attacks, broken bone, busies, and spinal and neurological damage. Electrocution deaths and injuries are most likely to happen to utility workers, electricians, and individuals who work in the construction industry. However, it is possible for anyone to suffer an injury or wrongful death through electrocution and electric burns. If you or a loved one has suffered as a result of an electrocution, reach out to an attorney at Silva Injury Law. An attorney can assess your case and help determine if the electrocution or burn was due to another party’s negligence, and if so, can seek compensation for your damages. HOW ELECTRICTY CAN DAMAGE THE BODY Electrical burns are a result of electrocution. These burns are different from both chemical and thermal burns, as they cause subdermal damage. While electrical burns can cause surface damage, they often damage tissues deep under the skin. These burns can result in a wide range of damages, and in the extreme can cause shock to the brain, injuries to other organs, and even strain to the heart that may lead to death. In addition to damage to the skin, body systems which can be damaged include: Cardiovascular system: The heart is at risk for experiencing severe trauma due to electrocution. It is common for electrocution to result in asystole, which is when there is an absence of cardiac rhythm. This is also known as ventricular fibrillation, which can create rhythms that can be fatal is not treated promptly. Central nervous system: When the current from electricity passes through the body, this can damage both the spinal court and the brain. When this happens, the victim may be unconscious, experience amnesia or be confused about what happened. Long term issues such as psychiatric problems, delayed spinal cord issues, seizures, and damage to the brain and peripheral nerves may occur. Respiratory system: While the lungs are not commonly damaged by electrical currents, injuries can result when a current passes through eh chest or through the brain area that controls breathing. This can lead to difficulty breathing. Musculoskeletal system: Following electrocution, the muscles can suffer damage as a result of the prolonged tetany that can lead to kidney damage and even rhabdomyolysis. ELECTRICAL ACCIDENTS IN THE HOME Electrical burns and electrocution can happen in a variety of ways. They can take place in the workplace as well as in residential areas and in homes. Examples include: When high voltage power lines are left hanging low near homes When construction professionals or contractors making in-home repairs are negligent and leave power cords near water or fail to cut the power while making repairs. Defective products in the home, such as curling irons, power tools and hair dryers can also cause electrical injuries. REACH OUT TO AN ATTORNEY IF YOU HAVE SUFFERED AN INJURY DUE TO ELECTRICAL BURNS If you or a family member has suffered from an electrical burn, reach out to an attorney. Electrical injury and electrocution cases can be extremely complex and often require special expertise. An attorney can best ensure you receive any and all compensation you deserve for your injuries and suffering.

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| Read Time: 3 minutes | Dog Bite

Defenses to Dog Bite Claims in California

When someone is bitten by a dog in California, it is common that the dog’s owners will be held strictly liable for any injuries which result from the bite. There are, however, a number of exceptions which exist that may decrease the liability of the owner.   If you have been involved in a dog bite accident, reach out to an attorney at Silva Injury Law who can help ensure you are fairly and adequately represented.   UNDERSTANDING STRICT LIABILITY   In California, the statute relevant to dog bites makes clear that a dog owner can be held strictly liable when their dog causes any injury. This requires the owner to be responsible for compensation for injuries if the dog was owned by the defendant, the victim was on public property or on private property with permission or invitation, the victim was actually bitten by the defendant’s dog and the victim sustained an injury from the bite.   There is not a “one free bite” rule in California, so even if a dog has not bitten anyone before or shown any vicious tendencies, the owner cannot avoid liability. There are, however, a number of defenses which may reduce or rid the owner of liability.   POTENTIAL DEFENSES   The Bite The statute refers very specifically to dog bites, so it is necessary that the injury sustained was from an actual bite. If the victim was knocked over or jumped on by the dog, then the statute does not apply. Even if a dog’s action of jumping or knocking over a victim, and this causes an injury, the victim may not be able to recover under strict liability.   It is not necessary for the dog bite to break the skin to qualify under the statute. If, because of the bite, a victim experiences nerve damage or bruising rather than broken skin, this is sufficient to satisfy the statute.   Trespass In order to recover for the dog bite under strict liability, it is necessary that the victim was either on public property or lawfully on private property when the attack took place. If the victim was trespassing on private property at the time of the accident, the trespass will constitute a defense for a claim of strict liability.   Assuming the Risk If the victim of the dog bite assumed the risk then this will bar their recovery under the strict liability statute. To assume the risk essentially means that the victim consented to participate in an activity wherein they knew of the dangerous nature and potential outcome. As this relates to dog bites, if a victim interacts with a dog despite being informed by an owner of its potential to bite, or if the victim ignores a “beware of dog” sign, these will prevent a victim from recovering under strict liability. This defense is also applicable to those who work with an assume control of the dog, such as groomers, trainers, veterinarian, etc.   Provocation If the victim provokes the dog attack by teasing, hitting, abusing, tormenting, or chasing the animal, they may not sue under strict liability. Even when the provocation is unintentional, such as disturbing a dog’s food, invading its space, or stepping on it or its tail may be a sufficient defense.   This does not apply to children under the age of 5, however, as they are not old enough to know to avoid provoking an animal.   CONTACT AN ATTORNEY   If you have been injured in a dog bite accident, reach out today to the attorneys at Silva Injury Law, who can assess your case and help you receive the compensation you are entitled to.

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