| 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.

Continue Reading

| 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.

Continue Reading

| Read Time: 2 minutes | Personal Injury

Catastrophic Injury Lawyer in California

Catastrophic injuries can alter the course of an entire family in a split second. It’s hard to imagine spending the rest of your life in a wheelchair, without a sense or with disfiguring scars. This grief extends to all those that care about you. The economic consequences can be devastating, with astronomical out of pocket medical costs and loss of income. Under these circumstances, it’s crucial to collect the highest amount of compensation possible from the responsible parties. That’s why it’s important to hire a catastrophic injury lawyer in California that has a great deal of experience with this type of case.   What are Catastrophic Injuries? Catastrophic injuries are so severe that they drastically impact a person’s ability to be self-sufficient and enjoy life. They may require multiple surgeries, years of rehabilitation and cause long term or permanent disability. These are some examples of catastrophic injuries:   Traumatic Brain Injuries (TBI) can cause irreparable loss of cognitive and motor function due to blunt or penetrating trauma. The most severe TBI can cause paralysis or brain death. Spinal Cord Injuries (SCI) can cause paralysis when spinal vertebrae are crushed, fractured, dislocated or severed. The paralysis will extend from the site of injury downward, causing either quadriplegia or paraplegia. Severe Burns can cause internal injuries, prompt amputations and cause disfiguring scars. Third and fourth degree burns require skin grafting to repair and may require surgery to repair impacted internal organs. Compound fractures occur when the bones shatter and protrude through the skin. In some cases surgical amputation may be required, and in others multiple surgeries may be able to save the limb. Prosthetics are helpful in some by not all cases.   What Types of Accidents Cause Catastrophic Injuries? Most catastrophic injuries are caused by heavy impact motor vehicles accidents including the following:   Head on Collisions Truck Accidents Pedestrian Accidents Bicycle Accidents Motorcycles Accidents   Other types of accidents that cause catastrophic injuries include construction accidents, dangerous products and falls from heights.   How A Catastrophic Injury Lawyer in California Can Help You With the help of an experienced catastrophic injury lawyer in California, you can gain access to the state of the art treatment needed to have the fullest recovery possible by collecting compensation to pay for these services from the responsible parties. It’s possible to predict the cost of medical, rehabilitation, appliances, accommodations and prosthetics for your lifetime and get a settlement or verdict that puts that money in your pocket. You can also collect compensation for your lost earnings or reduced earning capacity throughout your lifetime, which will keep you from being a burden to your family and help you lead the most fulfilling life possible under the circumstances.

Continue Reading

| Read Time: 2 minutes | Auto Accidents

Fatal Car Accident Lawyer in California

According to the California Office of Traffic Safety (OTS,) there are more than 3,500 motor vehicle accidents that caused at least one death every year. A very large proportion of these fatalities involve alcohol or drug impaired drivers, and many of the victims are young. The sudden loss of a loved one from a motor vehicle accident is extremely traumatic, as grieving families are left scrambling to arrange for funerals and locate wills. It’s helpful to know that you can hire a fatal car accident lawyer in California that can handle your claim to collect money damages from the responsible parties, lifting this responsibility off your shoulders.   Fatal Car Accident Lawyers in California Support Families In Crisis Wrongful death claims can be complicated. Short deadlines to file papers, notices to preserve evidence, and evasive tactics by insurance companies can present a minefield to grieving families. Medical bills are piling up, and the family lacks the income the deceased had contributed to the household. It’s important to know that an experienced fatal accident attorney in California can take care of every aspect of your claim, taking these burdens off your shoulders and helping your family restore financial security.   Compensation For Fatal Accidents These are some of the types of compensation available to families of victims: ● Funeral, Burial, and/or Cremation Expenses ● Medical Bills For The Deceased ● Lost Earnings and Lost Future Financial Support ● Loss of Health Insurance Coverage ● Loss of Companionship, Guidance, and Emotional Support ● Grief, Mental Anguish, and Other Psychological Impact Suddenly losing a parent, spouse, or child can be devastating. A caring and compassionate fatal car accident attorney in California knows how to help families through this crisis.   The Fatal Car Accident Claim Process The first step in the process is to legally establish who will represent the estate of the deceased. This representative will have the authority to retain an attorney to handle the fatal accident case in California. The next step is to obtain the police report, surveillance videos, witness statements and other evidence that can help show who’s at fault. It’s important to thoroughly investigate all possible contributors to fault to increase the amount of money that can be collected. For example, a passenger car may only carry the $15,000 minimum liability insurance for wrongful death. Even if this car was primarily responsible for the accident, if a commercial vehicle, a pothole, faulty brakes, or defective airbags contributed to the accident, those deep pockets can increase the amount of available compensation.   Fatal Car Accident Attorney In California If you’ve lost a loved one, it’s helpful to know that there’s somebody that can help your family get back on its feet. Fatal accident cases require more knowledge and experience than the typical personal injury attorney can provide. That’s why it’s important to hire a fatal car accident attorney in California that specializes in this area.

Continue Reading

| Read Time: 2 minutes | Auto Accidents

How a Gap in Treatment Can Adversely Affect Your Personal Injury Case

If you’re injured in an accident, you have a right to sue the responsible parties for monetary damages. The amount of money you collect will depend greatly on the evidence you present to substantiate your claim. Your pain may be excruciating, but without medical reports to back you up, your California personal injury attorney won’t be able to get you the large amount of money you deserve for your case. That’s why it’s important to get all the treatment that’s recommended for your injuries is a timely manner.   Take The Ambulance To The Hospital From The Scene To succeed with a personal injury case, you need to prove that your injuries were caused by the accident. The best way to accomplish this is to take an ambulance from the scene directly to the emergency room to be checked out. If you didn’t do this, go to a hospital, an urgent care, or a medical doctor as soon as you possibly can, and complain about every part of your body that’s bothering you. If you wait too long, it might not be possible to prove a connection between your accident and your injuries. A gap of weeks or months between an accident and seeking medical treatment can even be grounds for dismissing your case.   Follow Doctor’s Orders Consistently At your first medical visit, you’ll receive a follow-up plan that usually includes physical therapy. If the therapist recommends that you come three times a week, it’s important to continue treatment until the doctor tells you to stop going. There are some valid reasons for missing appointments such as:   ● Vacation ● Illness ● Professional Obligations ● Pandemic Closures   Even if your excuse is valid, every time you miss treatment the value of your case is reduced. If you can’t go in person, the next best thing is to do a remote visit.   If you become too busy to go three times a week, try to go two times, or even one time. As long as you continue to go to therapy, it will help your California personal injury attorney collect the most money possible for your case. If you completely stop going for a period of time, it will reduce the value of your case and your insurance company may no longer be willing to pay for it when you want to go back. California Personal Injury Lawyer   The best way to maximize the value of your personal injury case is to seek treatment immediately after an accident. The next step is to treat consistently for as long as necessary until you’re completely healed. Gaps in treatment imply that your injuries are minor and reduce the value of your case, making it harder for your California personal injury lawyer to collect a large amount of compensation.

Continue Reading

| 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.

Continue Reading

| 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.

Continue Reading

| 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.  

Continue Reading

| 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.

Continue Reading

| 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.

Continue Reading