| Read Time: 2 minutes | Auto Accidents

When Accidents Cause Traumatic Brain Injuries

Over a million people in California are diagnosed with Traumatic Brain Injuries (TBI) each year. Most of these injuries are caused by car accidents, slip and falls, falling objects, assaults, medical malpractice, sports injuries, and explosions. The severity of a TBI can range from mild to catastrophic, but all TBI’s require immediate diagnostic testing and appropriate treatment. It’s not always possible to know how great an impact a TBI will have on a person’s future. That’s why it’s important to speak to a California personal injury attorney as soon as possible after an accident.   What Is A Traumatic Brain Injury (TBI) A traumatic brain injury (TBI) occurs when a blow to the head disrupts the function of the brain. There are two main types of TBI, penetrating and non-penetrating. Penetrating TBI’s are injuries where an external object enters the brain tissue. Non-penetrating TBI’s are caused by an external force that results in the brain moving within the skull. Both types of TBI cause injuries that can range from mild headaches that resolve quickly to severe brain damage with long lasting consequences. That’s why it’s important to seek medical treatment immediately after any type of head injury.   Symptoms of Traumatic Brain Injuries (TBI) Many TBI’s are are not symptomatic immediately after an accident, so it’s important to look out for the following symptoms in the weeks following a head injury:   – Loss of consciousness – Nausea – Drowsiness – Dizziness – Blurred vision – Problems concentrating – Headaches – Balance problems – Speech issues – Abnormal mood or behavior   TBI’s can lead to brain bleeds, strokes, and serious irreparable brain damage if they are not diagnosed and treated in a timely manner.   Compensation for Victims of Traumatic Brain Injuries (TBI) California allows victims of TBI caused by the negligence of other parties to collect a large amount of compensation to cover their medical expenses, long term care, current and future lost earnings, pain, suffering, and mental anguish. In the most severe cases it’s possible for family members to assert their own claims for loss of services and loss of companionship of their spouse or parent that sustained a catastrophic TBI. When a TBI causes a person’s death, their family can make a claim for the loss of support, loss of inheritance, and other financial losses due to the death of their family member. Collecting compensation can greatly improve the quality of life for victims and their families. That’s why it’s important to contact a California personal injury attorney as soon as possible after an accident to discuss your legal rights.

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| Read Time: 2 minutes | Personal Injury

Claims Against Medical Providers For Birth Injuries

It’s tragic when health care providers that we trust to bring our precious offspring into the world, make mistakes that cause lasting harm. Doctors, nurses, midwives, and other medical professionals have an ethical and legal duty to adhere to standard practices for birth and delivery. When they fail to meet these standards, they can be held liable for the injuries they cause to innocent newborns. If your child is suffering due to the negligence of the health care professionals responsible for bringing your child into the world, you should speak to an experienced personal injury attorney about your legal rights.   Causes of Birth Injuries Most birth injuries are caused by the failure of medical providers to properly handle complications during labor and delivery.  The saddest part is how many of these birth injuries could have been avoided with proper prenatal diagnosis of risk factors including gestational diabetes, breech presentation, and hypertension disorders such as HELLP Syndrome and preeclampsia. These are some of the most common scenarios that cause birth injuries:   Delay in diagnosing or reacting to fetal distress; Delay in ordering c-section upon diagnosis of fetal distress; Excessive force when performing vacuum suctioning or using forceps; Failure to diagnose infections; Failure to diagnose and properly treat problems with the umbilical cord.   An experienced personal injury attorney can review your child’s medical records to determine whether there was negligence during labor or birth.   Birth Injuries Caused By Negligence Improper labor and delivery procedures can cause long lasting severe health problems or deformities. Some of the most common serious birth injuries are:   Brain damage caused by fetal asphyxia Hypoxic Ischemic Encephalopathy (HIE) Shoulder dystocia injuries Erb’s Palsy Fractured bones Facial Scarring   These serious injuries can cause pain, suffering, and emotional distress for both the child and their family. Some birth injuries are catastrophic, requiring extremely costly round the clock medical care and accommodations. This is why the law provides victims with the ability to make a claim for monetary damages. Collecting compensation can help families support their injured child with the best care possible.   Choose The Right Personal Injury Attorney Not every California personal injury attorney has experience handling birth injury cases. This narrow specialty requires knowledge of the acceptable standards for prenatal care, labor, and delivery. Before you hire a personal injury attorney, it’s important to ask whether they have handled birth injury cases before successfully. If your child was injured as a result of improper prenatal care and/or mistakes during labor and delivery, it’s important to have a consultant with an experienced California birth injuries attorney to discuss your legal rights to compensation.

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| Read Time: 2 minutes | Auto Accidents

I Was Hit And Injured By An Uninsured Driver. Now What?

California requires vehicle owners to have liability insurance, but not everybody follows the rules. In fact, California has the greatest number of uninsured vehicles in the country. Suing uninsured drivers is not likely to be fruitful because they rarely have high incomes or substantial assets, making a judgment virtually unenforceable. That’s why every California uninsured motorist accident attorney will tell you how important this type of coverage is.   What Is Uninsured Motorist Insurance Coverage? Uninsured motorist insurance coverage will pay for your medical bills, lost earnings, pain, suffering, and mental anguish, if you are involved in an accident where the responsible party is uninsured. This will protect you in the following situations: Driver or passenger hit by uninsured car; Passenger in an uninsured car; Hit and run; Pedestrian. You can choose the policy limits you feel comfortable with for your uninsured motorist coverage depending on your needs. If you don’t have great health insurance or disability coverage, uninsured motorist coverage can provide a much needed financial resource if you have an accident.   What Is Underinsured Motorist Insurance Coverage? The minimum liability policy limits in California are $15,000 per injured person, $30,000 for all injured people per incident, and only $5,000 for property damage. That’s why experienced Turlock, Monterey, Merced, or Modesto, CA uninsured motorist accident attorneys recommend purchasing inexpensive underinsured motorist insurance to supplement what you can collect if you are involved in an accident with a driver only carrying the minimum insurance. Underinsurance will supplement what you collect from the responsible party allowing you to be more fully compensated.   What Is Comprehensive Collision Insurance? Most Californians are dependent on their cars to work, go to school, and for everything else they do. That’s why it’s a good idea to have your own comprehensive collision insurance  to cover damage to your vehicle, so you can be back on the road promptly. Having this coverage is also a must if your car is worth more than the $5,000 minimum limit for property damage liability.   Is Uninsured/Underinsured Motorist Coverage Mandatory In California? It’s not mandatory in California, but insurance companies and their agents are required to inform customers of it’s availability and utility. They have a duty to encourage vehicle owners to purchase it. It’s actually obligatory to sign a waiver if you decline the coverage. It’s important to feel protected financially while you’re on the road. An experienced uninsured motorist attorney can consult with you about what coverage is best for your circumstances.

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| Read Time: 2 minutes | Auto Accidents

Covid-19 And My Car Insurance Injury Claim

The Covid-19 Pandemic has changed so many things about how we work, learn, shop, and get medical treatment. You might be wondering how car insurance injury claims are being handled during this crisis. It’s good to know that most insurance companies are functioning well, even though many people are working from home. It’s important to hire a tech savvy California injury claim attorney that knows how to keep your case moving as Covid 19 restrictions are lifted or reinstated.   Can Claims Be Filed During Covid? Some courts are still closed or doing only virtual appearances , but they are all allowing new claims to be filed. Your personal injury case begins with treating for your injuries, collecting lost earnings benefits, and a thorough  investigation by your attorney. Depending on the severity of your injuries, treatment can last for months or even years. During this time your Turlock, Monterey, Merced, or Modesto, CA injury claim attorney will be preparing your case for settlement and/or litigation. Since most car accident injury cases are settled without going to trial, the Pandemic is unlikely to delay your case. There’s simply no reason not to make a claim if you’ve been injured in a car accident during Covid.   Can I Get Treatment For My Car Accident Injuries During Covid Most medical offices have adjusted to treating patients during Covid, offering both safe in person and virtual options. It’s probably better to avoid busy hospitals for less serious injuries, choosing urgent care centers or private practices instead. Most MRI’s and cat scans for accident injuries  are conducted at outpatient centers, so diagnostic testing is widely available. This is also true for outpatient surgeries such as arthroscopic surgeries that are performed at dedicated centers that do not treat Covid patients. What’s opening and closing is constantly changing, so it’s a good idea to work with a California injury claim attorney that can help you find high quality medical care for car accident injuries during Covid.

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| Read Time: 2 minutes | Personal Injury

What To Expect When You File a Lawsuit in an Injury Case in California?

If you’ve been injured in an accident in California that was caused by the negligence or recklessness of another person, you may be entitled to collect a substantial amount of compensation. How much you collect will depend how serious your injuries are, how much time you lost from work, and many other factors. You know that collecting money damages can help your family recover financially from the impact of your injuries, but the thought of a lawsuit is intimidating. No worries – an experienced California civil litigation attorney can guide you through the process, and help you collect the compensation you deserve.   The First Step Is Filing a Complaint Lawsuits are commenced by injured persons, called “Plaintiffs”, serving a “Complaint” on the people and/or companies that are responsible for their injuries, who are called “Defendants.” For a car accident this might be the driver of a car that hits a pedestrian or the driver of another vehicle that goes through a red light. It could be the owner of a supermarket with a slippery floor, the manufacturer of a defective product or the owner of a dog that bit you.   Next, You’ll Be Served With An Answer In California, the Defendants have 30 days to respond to the complaint. They can either file an “Answer” admitting or denying each allegation in the complaint or a “Motion to Dismiss” the “Complaint.” A “Motion to Dismiss” will only be successful if the “Defendants” can prove that that none of the facts alleged in the “Complaint,” are sufficient to state a cause of action. A “Motion to Dismiss” will not be granted if any facts are in dispute. That’s why the more common response to a “Complaint” is an “Answer.”   The Discovery Process The bulk of the litigation process is the exchange of information known as “Discovery.” This includes requests for production of documents, depositions, and other methods of collecting testimony and evidence. For complicated cases, the discovery process can last for years.   Settlement or Trial Once the evidence has been exchanged, an experienced California civil litigation attorney will try to settle the case prior to trial. Preparing a strong case will usually result in a very high settlement amount, making a trial unnecessary.

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| Read Time: 2 minutes | Personal Injury

Can Family Members Sue For Wrongful Death In California?

                          Family members can recover damages when a close relative has died due to a wrongful act that results in death. You can bring a claim for wrongful death in California within two years of the injury that caused the death. Wrongful death cases in California are complicated, so it’s important to work with an experienced Turlock, Monterey, Modesto, or Merced, California Wrong Death attorney that can properly assert your claim and collect the highest possible amount of compensation for your loss.   Who Can Bring A Wrong Death Claim In California? The California Code of Civil Procedure (CCP,) Section 377.60 specifies that the following family members have standing to assert a claim for wrongful death: A surviving spouse or domestic partner; Children; Grandchildren, but only if the if all the children are diseased; Stepchildren, but only if they were financially dependent on the deceased; Other parties that can show they would be entitled to collect money from the deceased person’s estate.   What Types of Cases Give Rise To Wrongful Death Claims? Any type of case that is based on negligence, recklessness, or intentional wrongdoing can be the basis for a wrongful death claim. These are some examples: Traffic Accidents including car accidents, truck accidents, pedestrian knockdowns, hits and runs, and drinking and driving accidents; Slip and Falls Medical Malpractice Product Liability Sports Accidents Dog Bites   The laws governing the specific type of case will apply. For example, the laws providing for “strict liability” for product liability and dog bite cases will also apply to the California wrongful death case.   California Wrongful Death Attorney An experienced California wrongful death attorney can collect money for families to compensate them for the following types of losses: Financial support from the deceased; Funeral and burial expenses; Loss of household services; Loss of love, companionship, and affection Loss of moral support and guidance   If the deceased died instantly, the claim is limited to wrongful death. If the deceased suffered from their injuries before they died, it is also possible to make a claim for pain and suffering. If your loved one was killed due to the negligence, recklessness, or intentional act of another, you should call an experienced Turlock, Monterey, Modesto or Merced, California Wrong Death attorney to discuss making a claim.  

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| Read Time: 2 minutes | Personal Injury

What to Expect When You Make an Injury Claim in California

If you’ve been injured in a car accident, dog bite, slip and fall, or any other type of accident, you are probably considering making a claim for compensation. You’ve heard that people can collect money when they’re injured, but you’re concerned that the process might be time consuming and stressful. It’s good to know that with the help of an experienced Turlock, Monterey, Modesto, and Merced California injury claim attorney, you can collect the money you’re entitled with little time and effort on your end.   Initiating Your Injury Claim In California The first step is to meet with your California injury claim attorney, either at his office or virtually. If your case has merit, your attorney will ask you to sign papers retaining him as counsel and giving him the legal right to represent you. He will send a letter to the persons and/or companies that injured you, advising that you are being represented and requesting that they preserve all evidence related to your accident. An investigation will be initiated to collect evidence to support your claim while you continue to receive treatment for your injuries.   Negotiations and Settlement When you have received the maximum benefit from your treatment, your attorney will request medical reports from all of your doctors and therapists. Your medical records, evidence of lost earnings, and other relevant materials will be sent to the insurance company with a demand letter. Negotiations will commence between your attorney and insurance company with a view towards reaching an agreement that could avoid the expenses of litigation. If the insurance company is unwilling to make a reasonable offer to settle your case, your attorney will start a lawsuit. Negotiations will continue during the lawsuit, and most cases are settled at some time prior to trial. Hiring an experienced Turlock, Monterey, Modesto or Merced, California injury claim attorney will ensure that you receive the highest amount of compensation possible for your injuries.

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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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| Read Time: 2 minutes | Personal Injury

California Product Liability

  According to the Consumer Product Safety Commission (CPSC,) more than 20,000 die each year due to dangerous and defective products. California law imposes strict liability on product designers, manufacturers and other responsible parties, holding them responsible for injuries caused by their products even if they were not negligent. These laws were passed to encourage companies to create safer products by making it easier for people injured by products to successfully bring claims. If you’ve been injured by a dangerous or defective product, you should call an experienced California product liability attorney to discuss a possible claim for compensation.   Strict Liability for Products in California For most types of personal injury claims, it’s necessary to prove that an injury was caused by negligence or reckless in order to collect compensation. California law does not require this for product liability claims, holding designers and manufacturers liable when a product is more dangerous than it should be or contains inadequate warnings. These are the elements that must be proven for a successful California product liability claim:   The defendant manufactured, designed, distributed or sold products that are defective; That the defect originated with the defendant; That the plaintiff used the product in a manner that was reasonably foreseeable; and That the plaintiff was injured as a result of the defective product.   Strict liability doesn’t mean these cases are slam dunks. The defendants often claim that the defect was caused by other parties and that the plaintiff did not use the product properly, among other defenses. That’s why it’s important to work with an experienced California product liability attorney who knows how to prosecute these cases and collect the largest amount of compensation on your behalf.   California Product Liability Attorney If you’ve been injured or a family member has been injured by a defective medical product, toy, automobile or auto part, food poisoning or other type of product, it’s important to speak to an experienced California product liability attorney as soon as possible to discuss your legal rights. Serving Turlock, Modesto, Merced, and Monterey, California. Please call today for a free consultation.

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| Read Time: 2 minutes | Auto Accidents

California Livestock Collision

The Federal Highway Safety Commission (FHSC,) estimates that there are over a million collisions a year caused by animals on the road. In rural California, accidents involving livestock cause a substantial amount of injuries and property damage. If you’ve been injured in a collision with cows, horses, sheep, pigs or other livestock, you may have a claim against the owner of the animals. It’s important to speak to a California livestock collision attorney as soon as possible after your accident, as deadlines can be short.   What Causes Livestock Collisions in Turlock, Modesto, Merced, and Monterey, California? Drivers rely on traffic signals and speed limit signs to ensure that they can quickly and safely reach their destination, not expecting large obstructions en-route. California has many roads that are adjacent to grazing areas, where animals or groups of animals that appear to be contained. Unfortunately, these animals sometimes escape their enclosures and they can become road hazards. When an animal weighing hundreds of pounds suddenly appears in front of a vehicle, the results can be catastrophic. The force of a collision with a large animal can cause a driver to lose control of their vehicle, spin into oncoming traffic or rollover. If you’re a victim, it’s important to hire an experienced California livestock collision attorney to handle your case.   California Laws Protect Motorists Injured In Collisions With Livestock California Food and Agricultural Code Section 16902 creates a duty for persons that own or control livestock to protect the public by not permitting animals to stray upon or remain on a public highway. Section 16904 of the Code specifies that despite the duty of the animal owners, there is no presumption of negligence when a motor vehicle accident occurs involving their animal, placing the duty on the claimant. It’s possible to bring a successful case against the animal owners, but only with the help of an experienced California livestock collision attorney that knows how to successfully prove the animal owner was negligent.   California Livestock Collision Attorney If you’ve been injured by a collision with livestock in Turlock, Modesto, Merced, and Monterey California, it’s important to contact a California livestock collision attorney as soon as possible to discuss your legal rights and claims for compensation. Please call today for a free consultation.

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