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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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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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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Advantages of No Win No Fee Arrangement for Personal Injury Lawsuits

Accidents will likely occur if an individual breaches his duty of care towards others. For example, a driver who ran a red light may collide with other motorists who have the right of way while a speeding driver may suddenly lose control of his car and hit a pedestrian.

There is no assurance that you will be spared from unintentional injuries and property damages if you follow traffic rules or if you exercise reasonable care with your actions. Remember, your safety also depends on the actions of the people around you.

If you were injured after colliding with a speeding motorist or being hit by a drunken driver, you can file a personal injury lawsuit against the negligent individual who caused the accident in order to be compensated. You should not hesitate to take legal action, even if you do not have enough resources, because your lawsuit may be handled on a contingency or no win no fee basis.

Under the no win no fee arrangement, you may be able to enjoy your lawyer’s legal services without being required to pay for it right away. This means your lawyer will gather evidence, build a good case, and represent you in court though he has not been paid for his services. He will only be able to receive his fee if he was able to prove your allegations in court.

Here are the different advantages of a contingency set-up for accident victims:

• You are assured that your lawyer is doing all things necessary to win the case, considering that he will be left empty handed if the defendant’s negligence was not established.

•  You do not have to use your savings just to be able to acquire the attorney’s legal services. If you and your lawyer have agreed that the case will be handled on a contingency basis, you can use your savings to sustain your medical and personal needs while you are recovering.

•   You can focus your time and attention on your medical or rehabilitation treatment because you know that a skilled lawyer is handling your case.

However, you should not immediately hire a lawyer just because he agreed to take your case on this basis. You should first make sure that he has the qualifications and skills that are needed in order to win the lawsuit.

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What are “Unavoidably Unsafe” Products?

Accident attorney Santa Monica is not always limited to car accidents cases, but on cases regarding product defects and malfunction as well. A product liability claim is filed by the plaintiff to the attorney on the basis of negligence and misrepresentation on the part of the manufacturer. As long as a product inflicted an injury towards the product user because of a defect not taken care of by the manufacturer, the product user can file a lawsuit against the producers of that product.

Commonly, a product can be defective in three different ways. The insufficient warnings and instructions supplied on the product are seen as a marketing defect. A defect in the manufacturing of the product, with the product’s good design and marketing intact, is seen as a manufacturing defect. A defective product design is evident if its design can result to an injury and must be eliminated through a design alternative.

Any of the three product defects mentioned that would subsequently cause an injury makes the manufacturer or the seller of the product liable for the damages. However, there are products that are exempt of defects. These products are called “unavoidably unsafe”. They are not, in nature, dangerous, but they are rather intentionally unsafe in order for them to function or serve their purpose.

Legal systems are able to differentiate unavoidably unsafe products from dangerous ones. Courts look at the following guidelines in order to determine “unavoidably unsafe” products, and here are four requirements:

• The manner in which the product is prepared

A mistake made during the manufacturing process can make the product ineffective or harmful to use; therefore, the product can’t be unavoidably unsafe.

• The manner in which the product is marketed

Poor labeling and lack of instructions and warnings of the product won’t make it unavoidably unsafe. This is mostly applicable in prescription drugs, in which some are considered unavoidably unsafe.

•  The utility and risk ratio of the product

The usefulness of a product should always prevail over its risk of danger. A product, hence, must not need to work its wonders in order for it to be useful.

• Available alternatives of the product

According to the legal system, an “unavoidably unsafe” product must not have any alternatives in order for it to serve its function.

There are a lot of unavoidably unsafe products that were described by the courts. One of the most widely known products that fall under this category is prescription medication. Others would include industrial household cleaning products and cosmetics.

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Understanding the Causes of Pedestrian Accidents

The roads are supposed to be safe for motorists and pedestrians alike. However, accidents do happen no matter how much a person tries to avoid it. In the United States, pedestrian accidents are one of the concerns of the commuting public. In 2009, at least 4,000 pedestrians were killed and approximately 89,000 were injured due to road accidents.

Motorists should always take extra care when driving in streets or roads with pedestrians like school zones because an unexpected mishap may always happen. This is the same with pedestrians, people who walk in public areas should also be cautious when crossing streets especially when there are fast-moving vehicles around.

Pedestrians and motorists should learn the common causes of pedestrian accidents beforehand to maximize the possibility of avoiding it. The following are the frequent causes of pedestrian mishaps:

Violation of traffic rules

Drivers who do not follow traffic signs and rules are likely to be involved in a road accident. Motorists who disregard pedestrian-related traffic rules are more likely to injure a pedestrian compared to those who practice road etiquette.

Ignoring crosswalks

It is imperative for drivers to take extra caution when passing through crosswalks, failure to do so can result in untoward pedestrian accident.

Driving under the influence of alcohol/illegal drugs

Alcohol or illegal substance can decrease the driving performance of a driver and this may lead to loss of focus to the road that may cause pedestrian-related crash

Jaywalking

Pedestrians who do not use crosswalks are at risk of getting involved in an accident. It is highly advisable for pedestrians to cross streets using designated crosswalks.

Children crossing

Children are always at risk when crossing streets because they have little regard for traffic. Parents or companions should always assist children when crossing roads to avoid any injury or accident.

If you get injured due a pedestrian accident, you have the right to assert for compensation claims. Under the tort law, a negligent driver who inflicts injury to a pedestrian is legally obliged to provide compensation to the victim. Filing for a personal injury claim can be a complicated process that is why it is highly suggested that you consult with a pedestrian accident lawyer to properly asses your case.

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