| Read Time: 4 minutes | Personal Injury

How Much to Expect From a Personal Injury Settlement in California

Figuring out how much to expect from a California personal 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 personal injury claim is best done with the help of an experienced personal injury attorney. Personal injury lawyers know how to turn over all the stones necessary to make an accurate and thorough assessment of a personal 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 a personal 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 personal 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 a personal 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 personal 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, personal 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 Personal Injury Claim Is Worth? If you are filing a personal 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 personal 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...

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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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| Read Time: 2 minutes | Auto Accidents

Personal Injury Claims Against CALTRANS

The state of California has both its own pathway and repair construction agency, commonly known as “Caltrans.” Caltrans falls underneath the California Department of Transportation (“DOT”) and manages California’s highway system, including both the Expressway System and California Freeway. Caltrans is also involved in the state’s public transportation systems.   Of the many automobile accidents that occur throughout California, some are caused by conditions of the roads, and in many instances, due to falling objections or debris from Caltrans workers.   If you have been involved in an automobile accident which was triggered by the negligence of contractors or state Caltrans employees, speak to an attorney who can help you receive any compensation you may be entitled to.   DEPARTMENT OF TRANSPORTATION’S RESPONSIBILITES   Caltrans is responsible for making repairs on the roadways. It is also responsible for warning drivers of dangers or treats on the roadway. When Caltrans is aware of a danger and fails to disclose and warn, this is considered reckless and negligent.   In addition, the organization is required to fix the freeway when necessary, to repair and provide highway guardrails, and repair any missing or damaged medians. When construction zones are set up, the organization is required to warn drivers of the dangers. This means that drivers must be advised when hazards such as sinkholes or open trenches are present.   Additionally, Caltrans is required to give appropriate training to all their employees and personnel. The failure of Caltrans to satisfy their duties can lead to serious injury and even death.   POTENTIAL DANGERS CAUSED BY CALTRANS NEGLIGENCE   Caltrans may be held liable when an accident and subsequent injury is caused by the state’s construction, repairs, failure to meet warning requirements, metro department, etc.   Examples of dangers which may commonly be caused by Caltrans negligence include the following:   Potholes: When a pothole goes unrepaired it can lead to lasting and significant damage. Objects Falling: Falling concrete, dust from cement or construction, or other materials can fall and create an accident. Repair Vehicles: Caltrans has a significant amount of repair vehicles on and around roads throughout California. When these repair vehicles do not have their supplies, equipment, cargo or chemicals controlled and secured properly, they present a risk for accidents. Manhole Covers: When Caltrans fails to install a proper covering for a manhole or trench, it can create a hazard to drivers and pedestrians. An uncovered manhole can cause significant damage to a vehicle and injuries to passengers, or even cause a pedestrian to fall leading to injury or death.   COMMON INJUIRES RELATED TO CALTRANS NEGLIGENCE   Caltrans negligence can lead to a variety of injuries. These injures can range from minor to severe. Common examples include the following:   Damage to car frame Blown tires and bent wheels Broken windows and windshields Scratches and dents Head wounds Abrasions and Lacerations Damage to eyesight Hearing loss Disfigurement and amputation Lasting psychological trauma Death   SEEK HELP IF YOU HAVE SUFFERED DUE TO CALTRANS NEGLIGENCE   If you been involved in an accident caused by Caltrans negligence, you may be able to receive compensation for your damages. Reach out to a qualified attorney at Silva Injury Law who can represent you and your rights and ensure the responsible parties pay for your damages.

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| Read Time: 3 minutes | Personal Injury

Open and Obvious Defense in Trip and Fall Injury Cases

In a personal injury case, a defendant may attempt to use what is called the “open and obvious” rule as a defense. The “open and obvious” rule is an exception to premises liability law, which can be utilized as a defense by a property owner in order to explain why they should not be held liable for injuries that were a result of a fall on their property.   In order to determine whether the open and obvious rule will apply in a case is a question best assessed by an experienced attorney. Premises liability laws can be complicated and a lawyer who is familiar with these laws and limitations can ensure the best result. If you have been involved in a fall or accident, speak to an attorney at Silva Injury Law who can assess your case and represent your rights.   APPLICATION OF THE OPEN AND OBVIOUS RULE   Property owners have a responsibility to visitors on their property to keep the area safe and free of hazardous conditions. Often property owners are held liable when injury results from their failure to keep conditions safe or to warn of such conditions. The open and obvious rule, however, provides a defense for property owners when the injury results from a clearly dangerous condition. Essentially, visitors are expected to exercise their discretion when they are faced with an obvious and apparent danger.   The Court in California has explained that “Generally, if a danger is so obvious that a person could reasonably be expected to see it, the condition itself serves as a warning, and the landowner is under no further duty to remedy or wan of the condition.” (Jacobs v. Coldwell Banker Residential Brokerage Company (2017) 14 Cal.App.5th 438.)   Generally, whether or not a dangerous condition is considered to be open and obvious is determined based on the standard of a “reasonable person.” This means that if a certain hazard would be apparent to a reasonable person in the same position, the rule may apply. The standard will be adjusted when the encounter between the injured party and the condition is unusual, such as the injured being of young age.   A defendant who seeks to use the open and obvious rule to show they did not owe a duty of care to the injured plaintiff must show that foreseeability and reasonableness support the application of the rule.     LEGAL PROCESS   The inquiry into whether or not a plaintiff will succeed in an injury claim, and whether a defendant’s open and obvious defense will succeed are fact intensive. Experts play a significant role in determining whether or not the condition was open and obvious, and whether or not the defendant had a duty to remedy the danger.   California Courts also may present the issue of whether a defect is open and obvious to the jury to determine. When this type of issue is presented to a jury, experts play a vital role.   WHEN IT IS NOT A COMPLETE DEFENSE   California Courts have established that the open and obvious rule is not a complete defense when “it is foreseeable that the danger may cause injury despite the fact that it is obvious.” (Osborn v. Mission Ready Mix (1990) 224 Cal.App.3d 104, 122.) This most frequently applies when necessity requires a person to encounter the dangerous condition.   Additionally, even if a condition is considered open and obvious, this does not always bar recovery for damages.   CONTACT AN ATTORNEY   An attorney is in the best position to assist you in proving your case. If you have been injured on another’s property, speak with an attorney at Silva Injury Law who can protect your rights.

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| Read Time: 2 minutes | Personal Injury

What Are the Most Common Types of Personal Injury Claims in California?

There are numerous reasons why a person would hire a personal injury attorney to represent them in California. With accidents being one of the leading causes of both injury and death throughout the United States, there are over 400,000 personal injury claims filed each year.   The most common personal injury claims throughout California include the following:   Injuries related to car accidents: Car accidents and subsequent injuries are a leading cause of personal injury lawsuits. Automobile accidents can leave victims with significant injuries that often require expensive medical treatment. If you or a loved one suffers injuries in a car accident caused by another driver’s negligence, you may be able to seek compensation for the damage to your property and for your injuries.   Medical malpractice: While the purpose of doctors and medical professionals is to help us when we are either injured or sick, unfortunately this does not always happen. Medical negligence causes hundreds of thousands of people to experience increased physical suffering and wrongful death per year. When a patient is injured due to the negligence of a medical professional, they may seek compensation from the doctor or hospital for their damages.   Dog bites and animal attacks: There are a significant number of attacks from dogs and other animals in California each day. California imposes strict liability for animals which requires that dog owners be held liable for damages that result from an unprovoked dog bite, even if their dog has not bitten anyone before. Even in instances where a bite does not occur, but injury does, an owner may be liable for damages if they were negligent.   Slip and fall accidents: A slip and fall is when someone falls due to the unsafe conditions on a person or company’s property. A few examples of these unsafe conditions can include cracks in the sidewalk, poorly lit or unmaintained stairwells, and slick floors. When injury results from the improper maintenance of property, the victim may seek compensation from the property owner.   Traumatic injuries: Traumatic injuries can result from a variety of accidents. Common traumatic injuries include spinal cord injuries, amputations, brain injuries, disfigurement and burns. When someone incurs a traumatic injury, they often have extreme medical bills, are unable to work and live as normal, and experience severe amounts of pain and suffering. Unfortunately, with many traumatic injuries, it is rare to ever recover fully.   Construction accidents: Injuries can occur quickly and easily at construction sites. It is not uncommon for employees, patrons, tenants or passing civilians to be injured either at or near the construction site. Construction companies are required to take reasonable steps to minimize any potential risk of harm to employees and the public.   CONTACT AN ATTORNEY IF YOU HAVE BEEN INJURED If you or a loved one has been injured by someone’s negligence in California, reach out to an attorney at Silva Injury Law today. An attorney can best assess your case and ensure you receive any compensation you deserve for your damages.

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