Thursday, December 29, 2011

The Driving Skills Targeted by Intoxication

Alcohol has been one of the causes for the growing number of road accidents in the United States. Most of them occur during the night and on weekends, where people tend to drink at bars and clubs and travel somewhere else while intoxicated. Skills greatly needed in the act of driving are affected by the intake of alcohol, even on low blood alcohol content. Here are some of the driving skills directly affected by alcohol intake.


Alcohol impairs the ability of the person to balance and coordinate himself with his surroundings. If walking and balancing is difficult when intoxication is evident, driving is also difficult for his part.


Alcohol impairs the brain’s control over the eyes, making it difficult for the driver to see clearly around him. Add in the fact that driving at night requires utmost vision despite the man-made lights brightening up the roads; it would be even difficult for the driver to see the periphery ahead of him.


The ability of a person to take in complicated sensory information is also greatly impaired by alcohol.  A sober driver can take on an intersection at any point in time, although a person who is known to drink heavily yet drives home in a little or no-traffic road may have a hard time dealing with a busy intersection within the city.

Keeping car on track

With alcohol, the driver cannot align his car or vehicle on the right lane. With vision and psychomotor skills impaired, steering the wheel and keeping the car or vehicle on track is quite difficult to do.

Processing of information

Alcohol makes the continuous flow of information either abrupt or slowed down. Because the vision of an alcohol-induced driver is impaired, he can’t see clearly a traffic sign or a red light. If he does so, he tends to be slow to react than he is sober.

 Attention

The driver must always keep his vehicle and must keep watch of other cars, traffic lights and pedestrians. A division of attention is needed to keep the vehicle moving and at the same time exercise safety towards other people. But with alcohol, divided attention is limited, wherein the driver is only able to steer the wheel without regarding other people’s safety.

Vehicular accidents caused by alcohol are considered an act of negligence, wherein the drunk driver failed to perform extreme care towards other people, including drivers and pedestrians. Experiencing an accident caused by a drunk driver is grounds for recovery, and must be dealt with immediately with a car accident attorney Los Angeles
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Understanding Strict Liability and Its Rules


One of the concerns of buyers who happened to be injured by faulty or malfunctioning products is how they would be able to recover everything that they have lost. Such claim goes under product liability lawsuit, in which the manufacturer, distributor, or seller may be held liable for any nuisance caused to the customers.

With this, acquiring quality legal advices from injury lawyers Los Angeles is deemed necessary. Injured individuals can only have assurance of getting excellent advices from lawyers of top-notch law firms in Los Angeles.

What is Strict Liability?

Due to the previous cases of products liability, governing authorities have created a doctrine that permits an injured person to recover damages compensation from the manufacturer, distributor, or seller of the product, without showing that either of the mentioned parties was negligent. However, it must be noted that the product have to be defective, or presents danger to consumers. Such doctrine is called strict liability.

How does it Work?

The strict liability functions in a way that it entitles the injured person to recover damages compensation due to the defective consumer product. The victim can recover it from the manufacturer or from the industry that sold or provided the product directly.

In addition, strict liability does not work in a non-manufacturer who sold or provided a product only if it is in the business of frequently selling or renting assorted types of products.

Rules under Strict Liability

Without considering the efforts of the manufacturer or seller to handle the claim with ease, the injured person is still qualified to file a complaint. Also, the victim still holds the right to make a claim regardless of whether or not negligence has been shown.

Meanwhile, the subsequent accounts are the primary considerations.

1.    The defect caused an injury while the product was being used in a manner similar to how it was supposed to be utilized.
2.    The product had not been greatly (in a way that it alters the performance of the product) modified from the condition in which it was sold in the beginning.
3.    The product contains an unreasonably dangerous defect that impaired the user or consumer of the product. The defect can appear either in the design of the item, during manufacture, or during handling or delivery.

For the most part, the one who holds the authority in a product liability lawsuit is the plaintiff. Being injured plus the advent of the strict liability doctrine make the victim all the more entitled to be given damages compensation. However, it does not mean that the plaintiff will be contented of the situation and will resort to not hiring a lawyer any longer.

Injury lawyers Los Angeles from an excellent law firm are still best to contact in the event that a product liability happens. As purchasers, people deserve to be offered products that equate to the value of what they have paid. Regardless of the extent of an injury, a victim can seek legal assistance from an attorney who specializes in product liability claims

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The Fundamentals of Car Defects and Recalls


According to the National Highway Traffic Safety Administration (NHTSA), more than 299 million cars, buses, motorcycles, mopeds and recreational vehicles were recalled for safety defects since 1996. Also, approximately 43 million tires and 84 million pieces of motor vehicle equipment were included in the recall.

The occurrence of some car accidents in the past was attributed to car defects. It has also been one of the reasons identified by Los Angeles car accident lawyers as a contributing factor to car mishaps.

Meanwhile, the Federal Motor Vehicle Safety Standards has set minimum performance requirements for several parts of the vehicle that most affect its safe operation. It includes tires, lighting, and brakes. It also takes note of the welfare of the drivers and passengers as they pay attention to the protections such as:

·         Helmets
·         Air bags
·         Child restraints
·         Energy absorbing steering columns
·         Safety belts

The mentioned are applicable to all vehicles and equipment made or imported for sale in the United States, including its territories. The regulation must work or used in public roads and highways.

When Does a Recall becomes Essential?

1.    When there is a safety-related defect in the vehicle or equipment

2.    When a motor vehicle or a certain part of the vehicle does not conform to the Federal Motor Vehicle Safety Standards

Reasons for Recall

The surging toll of lost lives due to road accidents each year that reaches to about 42,000 has become the primary reason why recalls are being done. In the US, road traffic accidents are the main reason of paraplegia and death of Americans whose ages are below 34 years old

Also, an estimated 150 billion dollars was reported to be the yearly fiscal loss to society because of these crashes. Such loss was in terms of insurance costs, worker productivity, and medical expenses. Hence, mechanisms to resolve the issue on defective vehicles and equipment were established.

How A Los Angeles Lawyer Can Help?

There are a number of law firms in Los Angeles that have attorneys who can handle a car accident claim regarding car defects. However, those who seek for such type of legal assistance have to ensure that they are contacting a top-notch law firm with experienced and excellent Los Angeles car accident lawyers.

The expertise of lawyers will surely aid in the legal dispute of individuals who deem aggravated and/or injured due to defective vehicles
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How to Determine the Liable Party in a Slip and Fall Accident


Taking its legal definition, slip and fall is referred to as any personal injury incident in which an individual slips or trips and falls, and eventually sustain injury on someone else’s premises. This case is a simplified version of the wide category of premises liability because slip and fall mishaps happen on a property owned or maintained by someone else, and the owner may be held legally liable.

Anyone can stumble upon a slip and fall accident. The following can be the cause.
  • Poor lighting
  • Wet floor
  • Torn carpet
  • Narrow stairs
  • Changes in the flooring
  • Uneven pavements
  • Curled edges of carpet and/or door mat
Also, a slip and fall can be considered if somebody trips on a broken or cracked public area like the sidewalk, or trips and falls on stairs or escalators. Meanwhile, environmental factors can also contribute. These are:
  • Snow
  • Ice
  • Rain
  • Pothole
  • Debris
Proving Responsibility in Slip and Fall Incidents

A slip and fall case is one of the rigid personal injury cases because there is no exact way to determine who really is liable. Evidences can also be difficult to trace since the cause can be as petty as any form of spilled liquid.

In a lot of cases, an individual injured in a slip and fall on someone else’s premises must prove that the reason of the mishap was a dangerous condition, and that the owner of the premises has knowledge of such condition.

A dangerous condition must be able to bring an unreasonable hazard to a person on the property, and it must have been a condition that the injured party should not have expected as regards the situation. In this circumstance, the requirement implies that people have to aware of, and shun away from apparent dangers.

How to Identify that the Owner Knows the Dangerous Condition

The following must be established:

  • The premises owner created the condition.
  • The premises owner has the knowledge that the condition existed and negligently failed to make necessary acts to correct it.
  • The dangerous condition existed for a long period of time that the premises owner should have known and corrected it before the slip and fall accident happened.

The need to obtain a lawyer’s help is necessary since the complex nature of various legal matters is fairly difficult to grasp and comprehend. Hire a premises liability lawyer in the event that you encounter a slip and fall accident
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Thursday, December 1, 2011

Two Types of Emotional Distress due to Personal Injury


One of the more difficult recoverable damages to assert for is payments for emotional distress. Under the tort law, Los Angeles accident victims may be entitled to receive compensations for emotional distress; however, easy it may seem, in reality, it is a hard nut to crack. As compared to economic damages, such as medical and medication bills, lost wages, and damage to property, payments for emotional suffering is relatively more difficult to obtain.

What is “Emotional Distress”?

Accident victims should be aware of the information and details concerning emotional distress in order to sufficiently claim for damages. If you are a victim of a negligent action of another individual that causes you emotional affliction, you may be able to assert for damages. Generally, the amount of payments for emotional distress is limited by the amount of damage you have sustained as well as the severity of distress you have suffered from.

Typically, there are two forms of emotional distress, and these are:

1. Emotional distress due to negligence

This type of emotional affliction is generally caused by physical injury or injury symptoms due to the negligent action of the liable person involved. In this kind of emotional distress, the victim should be able to prove that the negligent actions of the liable party resulted in the emotional grief. Having a Los Angeles personal injury attorney is a necessity when proving this kind of emotional setback.

2. Emotional distress due to intentional infliction

Typically, this type of emotional distress is a result of intentional or reckless action of the liable person. The victim should be able to prove that there is correlation between the wrongdoer’s action and the emotional grief. Additionally, the distress should be severe or extreme. Also, seeking legal assistance from a personal injury lawyer is a must in order to prove the claim.

Emotional Distress and Non-Economic Damages

In the legal sense, emotional distress is part of the recoverable payments with respect to non-economic damages.

In its basic legal definition, non-economic damages include payments that are non-monetary or cannot be easily quantified. Furthermore, this type of personal injury damages does not have a fixed amount of monetary value. Other forms of non-economic damages include loss of consortium, psychological difficulties, scars and mutilation, loss of care, and loss of companionship. Because the amount of non-economic damages is difficult to prove, it would be best to get legal services of an expert Los Angeles personal injury attorney
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Essentials of Wrongful Death Claims in Los Angeles


In Los Angeles, numerous wrongful death cases are pursued each year; however, a few people really know the legal background of this type of personal injury claim. It is imperative for any Los Angeles citizen to be familiar with the legal concepts of wrongful death in order to avoid compromising their rights.

Understanding the Basics of Wrongful Death Claim

Generally, a personal injury case may become a wrongful death claim when the victim dies due to the negligence of the liable party involved. Under the law, the decedent’s family members and financial dependents may receive compensations from the liable individual. Since the victim cannot file a claim against the liable party, the family members or wrongful death lawyers may file the claim.

Pursuant to California’s statute of limitations, wrongful death claims must be filed within two years of the victim’s death; otherwise, the case will be voided. The main goal of wrongful death claims is to compensate the pain and suffering of the victim’s loved ones.

Causes of Wrongful Deaths in Los Angeles

Generally, wrongful deaths in Los Angeles are caused by negligent actions of an individual or group of people. Under the law, a person, a company, or group of people may be held liable. The following are the common causes of wrongful death cases in Los Angeles:
  • Road accidents
  • Faulty or defective products
  • Boating accidents
  • Airplane accidents
  • Pedestrian accidents
  • Work-related accidents
  • Slip and fall accidents
  •  Medical malpractice

Compensations from Wrongful Deaths

Family members or other qualified dependents of the wrongful death victims may assert for compensations from the liable party. In accordance with California law, the payments to the victim’s family should be “just” compensations, which involves the present value of future contributions from the deceased to his family, value of personal services, and the determined value of the deceased’s companionship.

The following are the common damages family members may recover:

  • Loss of future financial support
  • Loss of household services
  • Payments for funeral and burial services
  • Loss of inheritance
  • Loss of the deceased’s care and guidance as a parent
  • Loss of comfort, affection and moral support
  • Loss of consortium

Family members and financial dependents of the victim may get legal assistance from Los Angeles wrongful death lawyers in order to appropriately file for a claim. It is advisable to consult with an attorney first before asserting for the claim to avoid compromising the case

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Friday, November 25, 2011

Long Term Care: Improving Quality of Care in Nursing Homes

More than 16,000 nursing homes are built in the United States, according to the record of the Centers for Disease Control and Prevention (CDC). For quite some time, there have been contentions regarding the poor quality care, abuse and neglect. Most of the reasons usually concern the long term care facilities, that even there is already a Nursing Home Reform Act which establishes and stabilizes standards of care for nursing homes, it did not stop the recurring allegations about the class of care.

Nursing homes are supposed to be a haven for those who seek for better parental assistance for the elderly. It must be a place in which people should resort to in the event that they cannot seem to render care for their elderly loved ones. In addition, nursing homes must be a place that is, not only safe, but also of optimum caring scheme since elderly individuals must be taken care to the extent.

However, it is inevitable for substandard nursing homes to exist. There a number of them, in fact. If you believe that your loved one resides in such type of nursing refuge, you must seek legal advice from a long term disability lawyer so that you will come to comprehend about the righteous things that you should do for your loved one.

There has been a push nowadays regarding a culture change as to how nursing homes are being managed. Such movement aims to offer residents more flexibility control over their lives. According to a study done by the Commonwealth Fund, the culture change movement promotes smaller facilities where residents are cared for by a permanent group of people, in contrast to a setting similar with that of a hospital.

The study claims that nursing home residents are happier with such type of environment. Moreover, the center benefits as well in a way that there is going to be a greater staff retention, better competitive position, greater occupancy rates and advanced operational costs.

However, in spite of the efforts of some non-profit organizations to push the so-called culture change in nursing homes and develop a more patient-centered type of center, the assurance of your elderly loved one to be ultimately protected and acquire proper care is not steady. The facilities may still be insufficient and neglect could still occur.

In this instance, it is your duty to make sure that your loved one is getting the most out his or her stay inside the nursing home. Still, if you believe that your loved one is not receiving the right care, you have to hire a long term disability lawyer for legal assistance
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Points to Consider in Applying for Social Security Retirement Benefits

Social Security program in the United States are centered for those who are of aged and are disabled. This popular and costly government program was created for permanent residents and naturalized citizens to provide support and assistance. However, the application processes are not as easy as what you may think. So, in order to lessen the burden in application, you have to hire a Los Angeles Social Security disability lawyer.

You may be eligible to apply for Social Security Retirement Benefits if you are entering the retirement age and certain that you have paid enough social security taxes. The Social Security Administration (SSA) will not readily and quickly approve your application and provide you Social Security benefits. You must first fill up and submit an application form specifically designed for individuals who claim for retirement benefits.

The application form requires the following information:
  • Birth certificate
  • Social security number
  • Proof of American citizenship

How to Know the Amount of Your Benefit

The SSA will send you a notice every year, mostly when your birthday comes near, stating the details of the amount that you have paid in the retirement benefits program. After which, you have the right to use such notice of statement in your application.

Meanwhile, if you observe a problem with the information of the Social Security statement, it is your duty to make sure that it is corrected right away to avoid problems when you finally claim your benefits. Furthermore, the statement also provides you details as regards the amount that you will receive when you retire at the age of 62.

When to Retire

Most people choose to receive their benefits the soonest time possible. Many of them do not know that they can even get higher amount of benefits if they wait for quite some time. However, some reason out that they are experiencing financial dilemma, thus, choose to claim benefits early.


If you plan to apply for your retirement benefits, you ought to consider the following:

1.    Retirement plans (This may include thinking whether or not you will still continue working)
2.    Health condition and life expectancy
3.    Needs of your spouse and other dependents
4.      Accessibility of other retirement plans you have set up before

Prior to your application, it would be better for you to hire a Los Angeles Social Security disability lawyer so that you will be guided of the right stuff to do in connection to your Social Security benefits application.

It would be best for you to acquire an attorney’s legal assistance because he or she most probably has the knowledge about the said lawful pursuit.

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When Can SSA Deny Your Disability Application?

Applying for Social Security disability benefits is the common last option of those who suffer from incapacities. Such action is a form of countering the hovering threat of financial burden. California disability attorney will be of great help if you wish to achieve the result the soonest time possible, and as associated to the type of outcome that you want. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are federal programs governed and administered by the Social Security Administration (SSA), which offer benefits for disabled individuals. Basically, these programs are certainly helpful, yet, it must be understood that not all applications are approved. Some are rejected.

1. The disability will not prolong. The SSA will only approve disability benefits application if the injury may last for at least 12 months or may result to death. However, there are impairments in which SSA deems that the condition of the applicant may be improved quickly.

2. The applicant receives high salary. Based on the SSA’s guidelines for disability benefits claims, an applicant may be denied if he or she had earnings higher than the limit of Substantial Gainful Activity (SGA).

3. The applicant failed to follow recommended therapy. The SSA may deny disability benefits claims if the applicant was not able to follow the prescribed medication of the doctor.

4. The applicant’s disability is due to alcohol or drug addiction. This situation is actually common among some of the applicants. However, anyone who wishes to apply for an SSDI or SSI disability benefits, with disability resulting from alcoholism or drug addiction, should better not expect to attain the benefits. In some cases, if the applicant discontinued taking alcohol or drugs and becomes disabled, then he or she might have the chance to be granted disability benefits.

5. Fraud. Once proven that the disability benefits applicant acquired the injury due to a fraudulent way, the SSA has the right to automatically terminate the applicant’s benefits. Moreover, the applicant may be held liable for committing fraud.

The benefits that will be provided to you by the SSA once your disability benefits application gets approved, whether it is SSDI or SSI, can prolong as long as you are still considered qualified to receive such benefits. Expect that the SSA will conduct interviews and/or assessments with regard to the condition of your injury.

Achieving the SSDI or SSI benefits is never easy. Therefore, long before the application begins, you must contact California disability attorney to assist you in your quest for disability benefits. An expert lawyer will work on your behalf, so make sure to hire one.
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Wednesday, November 16, 2011

Sustainable Injuries at Swimming Pool


Owning a swimming pool does not exclude you from liability when someone drowns or gets injured in your pool. More so, if you try to enjoy at a publicly owned swimming pool. You can never assure the security of the area. Several factors can cause accidents and potential injuries can be incurred by any person who is involved in swimming pool accident. When this happens, a Los Angeles injury lawyer must be consulted.

Based on statistics of the federal government, fatal drowning stays on the second spot as the leading cause of not deliberate passing away of kids one to 14 years of age. While, for kids between one to four years old, the danger ascends to make unintentional drowning the highest source of injury-related deaths.

Non-fatal Injury
  • Disembowelment
  • Traumatic Brain Injury (TBI)
  •  Evisceration
  • Other submersion injuries
The abovementioned are few of the most severe non-fatal swimming pool injuries. TBI can happen when a swimmer dives into pool without realizing that the water level may not suit his or her height (for diving), hence, his or her head may reach the surface of the pool. Nevertheless, a person who hit his or her head may not seem to be injured.

The presence of state and federal laws, as well as policies and standards for pools and spas to thwart hair entrapment, entanglement, body entrapment and evisceration, extreme non-fatal swimming pool injuries and fatalities still occur.

Meanwhile, public pools for children, pools with single main drain systems, spas with flat-drain gates and swimming pools specially designed for kids actually account as the most risky place for them, in contrast to claims of owners as swimming pools being equipped with security equipments, thus, safe for everyone.

However, even with the advent of safety equipment within the swimming pool area, there is still no assurance that the area will be accident-free. Slippery pool decks, pool slides, electric malfunctions, diving boards, ladders and stairs, and improper or unsafe pool toys are likely to harm swimmers and even non-swimmers at swimming pools.


On the other hand, the treatment of swimming pool injury can lasts for quite some time depending on the extent of injury sustained by the victim. Losing someone due to accidents at swimming pool is as demoralizing as it really is, especially if it happened without knowing what has caused it.

You should hire a Los Angeles injury lawyer in the event that such incident happens to someone you know. Hiring an attorney will allow you to take the right path as regards the legalities that concerns the aftermath of the accident.



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All about Brain Injury

California personal injury accidents are just as diverse as one could imagine and one of which is the brain injury. There are approximately 1.4 million individuals in the United States (U.S) who suffer from brain injury annually. The number of people who die each year because of this injury is nearly 50,000, while, 235,000 are hospitalized due to their injury.


Culprits of Brain Injury



Here are the usual causes of brain injury.
  •     Vehicle accidents (car, motorcycle, bicycle, train, bus, airplane)
  •     Slip and fall
  •     Sports accident
  •     Animal attack
  •     Construction accident
  •     Other employment-related accidents

Symptoms of Brain Injury

Here are the common symptoms of brain injury, whether or not the injury is minor or major.
  •     Headache
  •     Dizziness
  •     Nausea
  •     Vomiting
  •     Irritability
  •     Seizure
  •     Blurred vision
  •     Behavioral changes
  •     Lack of cognitive ability
  •     Loss of consciousness
  •     Memory loss (permanent or temporary)
  •     Difficulty in balance
Treatment of Brain Injury

Mild cases of brain injury can be treated at home so long that proper attention is given as means of caring and curing the injured person. However, in the case of major or severe brain injury, there should be no second thought to be done. Bring the injured person to the hospital for proper treatment and care.

The possibility of developing a more serious injury after California personal injury accidents must not be disregarded. When the injury remained untreated for quite some time, it may cause additional problems, which can be treated the hard way, or worst, not curable.

It is very essential to bring the injured person to the hospital so that appropriate medicine or medical actions will be done. In this manner, the injured individual can receive rigid hospital treatment that is needed and that suits the extent of injury.

Specialized examinations may also be required to identify the extent of the brain injury. Theses examinations may include a CT scan of the brain, MRI of the brain and other tests as believed to be greatly essential. Individuals with extreme brain impairments may entail monitoring in an Intensive Care Unit (ICU).

Legal Assistance

Those who have acquired brain injury after a particular accident must look for medical help. However, it is also vital to secure lawful representation have an idea on how you are going to approach the complexities of legal settlement. With this, you have to seek for the help of a California lawyer specializing in brain injury.
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What You Should Know about Slip and Fall

Centers for Disease Control and Prevention (CDC) statistics reveal that there are more than one million American citizens who suffer from a slip and fall injury every year. Out of such numbers, more than 17,000 people die. Furthermore, the CDC states that 15 percent of all job-related injuries can be attributed to slip and fall.

Victims of this accident must seek for a Santa Monica attorney right after the occurrence of such incident. It is very important to pay close attention to this matter so that no major complication will develop soon after. A lawyer cannot only offer you his or her legal prowess, but he or she can also refer you to the best doctor who specializes in slip and fall accident.

Meanwhile, based on the Occupational Safety and Health Administration (OSHA), slip and fall accidents are the second leading bringer of impairments and deaths after car accidents. The earlier cited studies conducted by CDC and OSHA eliminate the wrong conception that many people have. Majority of the people thinks that legal charges are being filed because the plaintiff can get compensation at hand.

The following are the most obvious conditions that can lead to legitimate slip and fall claims:
  • Poor lighting
  • Unsafe staircases or steps
  • Clear ice
  • Snow or ice on sidewalks
  • Standing water puddles
  • Substandard flooring
  • Hidden drop offs or cracks
  • Floor mats that are secured improperly

Meanwhile, slip and fall cases can be classified under premises liability. It is stated under the premises liability statute that property owners and businesses are in full responsibility as to maintaining the safety of environment. If they fail to do so and somebody got injured, the property owners may be mandated to pay for the lost wages, medical expenses and pain and suffering.

In proving a claim, the victim must be able to establish that there was a risky situation in the property that directly contributed to the occurrence of slip and fall. The following may help:

  • Showing that the property owner should have had an idea about the hazardous condition
  • Showing that the property owner had the time to correct the problem that caused the fall
  • Showing that the property owner inattentively failed to give warning or correct the problem

Anyone who suffers from slip and fall should obtain proper legal advice from Santa Monica attorney in order to achieve justice from what has been suffered
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Friday, October 28, 2011

Basic Information on Brain Injury: Figures, Types and Symptoms

There are approximately 100,000 individuals suffering from brain injuries that need medical assistance and intense treatment. It usually has an effect on their capacity to do daily activities, which they used to perform in previous times.

Accident attorney Santa Monica must have dealt with a lot of brain injury cases in the past that stem from minor to major cases. As a fact, one does not have to go through rigorous extreme accident in order to sustain traumatic brain injury. Severe brain injuries can result from falls, sports activities, work-related accidents and car accidents.

Furthermore, any type of trauma to the head or neck portion can cause the brain to bruise, swell, tear, or bleed.

Types

There are two types of injuries that can be classified under brain injury. These are open and closed.

            Open Head Injury – It means that the skull has sustained fractures. This type of brain injury usually results from falls or other mishaps wherein the head comes in direct contact with a hard surface or object.

           Closed Head Injury – It does not involve a breakage, but can be more severe compared to an open injury brought by the possibility of brain swelling and the development of hazardous blood clots within the skull.

However, whether a brain injury is open or closed, the most severe of either type can cause loss of consciousness, paralysis, or even death.

Symptoms

After an accident, indications of injury may be difficult to distinguish. You may find it hard to know whether you or among your loved ones has suffered a brain injury, particularly if there is no clear signs of serious impairment.

The following are some of the stuff to observe when assessing a victim’s possibility of brain injuries.
  • Extreme headache
  • Sluggishness or odd tiredness
  • Dizziness and vomiting
  • Numbness on one area of the body
  •  Weakness
  • Confusion and difficulty remembering recent or current event


If you have noticed any of the abovementioned signs on the person who encountered an accident, may it be you or someone within your knowledge, it is vital to look for medical assistance right away. You may also contact accident attorney Santa Monica for expert legal advice.

Some of the brain injury cases are due to personal negligence, while others happen due to another person’s fault. If the brain injury was sustained because of the wrongful act of another individual, it is best to contact an expert litigator so that proper and legitimate process will be done.

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Thursday, October 27, 2011

Statistics and Common Causes of Los Angeles Trip and Fall Accidents

Slip and fall may happen anytime, and under any condition, it may result in serious physical injuries. In a study by Centers for Disease Control and Prevention (CDC), it is estimated that at least one million Americans get involved in trip and fall accidents each year. Furthermore, CDC also reported that fall are accounted for more than 19,000 deaths in the country annually.

Just like other forms of accidents, slip and fall occur because of certain conditions, such as torn carpeting, changes in flooring, poor lighting on roads, or wet floors. Other contributing factors in a trip and fall accident include:
  • Sidewalks with debris and hazards like potholes
  • Broken stairs
  • Defective lighting on surroundings
  • Slippery flooring
  • Failure of a property owner to warn people of hazardous conditions
  • Failure of premises owner to repair present hazardous conditions
  • Poorly designed wheelchair ramps

Because slip and fall may happen anywhere, there are circumstances that an individual may be injured in a trip and fall mishap in another person’s property. In such case, victims together with Los Angeles trip and fall accident lawyers may assert for compensation claim against the property owner if he failed to take all necessary means to prevent the incident from happening.  

Although tort law and premises liability law are in effect in the State of California, a property owner may not be sued if the victim of the slip and fall mishap is a trespasser. In legal sense, a “trespasser” is someone who enters or stays on a property without the permission of the owner or the possessor’s authority.

Another limitation for slip and fall accident claim is related to workers’ compensation laws. If a worker gets injured while performing his work duties and he gets involved in a trip and fall mishap, he may obtain workers’ compensation from his employer. In case that the trip and fall victim obtain compensation from his employer, he may be prohibited from filing a suit against the company.

If you get injured in a slip and fall accident in Los Angeles, it is highly advisable for you to seek legal assistance from expert Los Angeles trip and fall accident lawyers. Slip and fall mishap attorneys are personal injury law experts who know how to deal with the complicated issues related in pursuing an injury claim. 
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Friday, October 14, 2011

4 Effective Ways on How to Avoid Bicycle Accidents

Riding a bicycle is a relaxing activity because it lets you feel the cool air and it also enables you to maintain your physical wellness. However, bicycling is also dangerous because one maneuvering mistake can cause you to crash into solid objects like walls and trees or to collide with motor-vehicles like cars and buses.

A bicycle-car collision may not end well, especially on the part of a cyclist, because his body is exposed to the forces of the impact. Fortunately, only 11 percent of all recorded bicycle accidents involved a car.

Statistics also show that around 59 percent of bicycle accidents did not involve other motorists aside from the bicyclist himself. The accident happens when the cyclist loses control of the vehicle, not because of his encounter with drivers.

It should also be noted that fatal bicycle accidents may also result from a bicyclist’s encounter with a pedestrian.

On August 18, 2011, it was reported that a math teacher in Visalia was killed in a bicycle accident in San Joaquin Valley, California.

According to California Highway Patrol (CHP) officers, the bicyclist identified as Scott Nelson, 41, was cycling west on Rocky Hill Road when he tried to pass 14-year-old Alvaro Cortez, who was running in front of him.

Unfortunately, the two collided when Cortez turned left. In this case, the accident did not involve another vehicle, but it ended up claiming the bicyclist’s life. 

Prevention

Bicyclists can easily be injured whenever they are moving near motor-vehicles so they should follow these tips in order to avoid being involved in an accident:

  •   Avoid traveling at night. Remember, poor visibility can cause a driver to move towards the path of the bicycle.
  •   Maintain your bicycle. You should always check if your bike’s brakes are working properly or if its tires are not yet worn out to so that the vehicle will work properly while you are traveling.
  •    Avoid drinking alcoholic beverages. Alcohol can have negative effects on your body and it may prevent you from focusing on the road.
  •   Wear a yellow or neon shirt. It will enable other drivers to see you more clearly.

For more tips on how to avoid bicycle accidents, it is advisable that you call a skilled Los Angeles bicycle accident lawyer.
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Auto Accidents in Los Angeles: Knowing the Causes and Effects (Part 2)

Crowded roads and freeways pose significant danger to drivers because there will be a higher risk of accident if many vehicles are found along these areas. As mentioned in the first article Auto Accidents in Los Angeles: Knowing the Causes and Effects (Part 1), people have been aware of the negative effects of reckless driving, but auto accidents still happen at present.

Negligent driving is one of the main causes of vehicle accidents. A driver may be seen as negligent if he failed to comply with traffic rules or if he is not concern about the safety of others.

The first article stated these causes of auto accidents which are related to negligence:
  •  Distracted driving
  • Driving while intoxicated
  • Defective auto
  • Running a red light
  • Tailgating
    Effects of Auto Accidents

    If you were involved in an auto accident, it is likely that you will suffer or experience one or more of the following:

    • Bodily injuries- Your body is susceptible to injuries, especially if you hit a solid object or were ejected from the vehicle as a result of the impact. Examples of injuries you may sustain in the event of an accident include broken bones, head and brain injuries, and internal bleeding. 
    • Hospitalization- If you were injured in the accident, you will likely be hospitalized in order to be treated. Although being sent to a hospital will help you recover from your injuries faster, it may also cause additional expenses on your part because you will have to pay for laboratory tests and your doctor’s fee.
    If you want to receive compensation which may be used to cover or as a reimbursement for your hospital bills, it is advisable that you take legal action with the help of best personal injury lawyers in Los Angeles.
    • Emotional trauma- Being involved in an accident can be a traumatic experience for you and it may cause you to feel the following:
    o   Shock
    o   Fear
    o   Embarrassment

    Inability to work- Your injuries may prevent you from going to work and performing your job duties. This will result in additional financial troubles because your expenses have increased due to your treatment and medicines, but you have lost your source of income.
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