Car Accident Lawyer » Personal Injury Lawyers

Ensure Your Rights in a Motorcycle Accident

admin — Mon, 08 Feb 2010 02:26:49 +0000

Have you been in a motorcycle accident in Los Angeles? Regardless of whether it was a minor accident or a serious crash, a motorcycle accident lawyer is your best resource to ensure your rights. A good attorney can help sort out all the details in a motorcycle accident claim.

There are various causes for motorcycle accidents. When a car or truck pulls out in front of you at the last minute, your bike and the car can collide. Many times the driver just does not see you coming. That is no excuse though, He or she can still be held liable. You may have had to swerve to miss the car and then crashed into an oncoming car or hit a tree or stop sign or even a telephone pole. The driver of the car is still liable even if their car was not damaged.

There are rear end collisions also where the driver stops for some unknown reason and you crash into the back of their vehicle. Who is responsible for that one? Is it you because you were not paying attention? The experienced motorcycle accident lawyers in Los Angeles will know the answers to these questions. They are experts in California motorcycle riding laws.

U-Turn accidents happen frequently. Usually the car will do a u-turn in front of you and will not have even seen you. Again, who is responsible? The motorcyclist or the automobile driver? Debris on the road, trash thrown out the window or lose pavement can cause your bike to skid out from under you. Are you at fault for that? Is the city or the county? What if you are splitting lanes and a car door opens and knocks you off your bike.

The causes of motorcycle accidents are endless. The injuries caused by them can be endless too. The injuries can be a simple but painful road rash up to the end result, being death. If there is a passenger involved there are many questions that need to be answered for them too. Los Angeles and the Orange County in general suffer many motorcycle accidents.

Personal injury Lawyers and Motorcycle Accident lawyers are ready and able to help you receive just compensation for any accident you may have been involved in. Don’t hesitate to call if you need help understanding the law regarding motorcycle accidents.

By: Michael Ehline

Vehicle Accidents and the Role of Lawyers

admin — Tue, 12 Jan 2010 19:19:00 +0000

Vehicle accidents generally occur as a result of human error in the operation of vehicles, the design of roads, and the manufacturing and maintenance of vehicles. Vehicle accidents can include 18 wheeler accidents, bus accidents, truck accidents, and passenger cars and vans. Lawyers role in society is to make it better and generally speaking they do.

Young people and the elderly cause a disproportionately high number of vehicle accidents. The young because they are careless and the old because their bodies are just not as good as they used to be. For the most part speed is the principal cause of vehicle accidents. The elderly react much slower than younger people and have to be driving substantially slower to keep from colliding. The elderly generally don’t speed, but speed limits for the elderly may be too fast, because they simply don’t re-act fast enough.

Younger drivers are not too familiar with the consequences of driving recklessly, but learn after a few traffic tickets and as they watch their insurance premiums rise. Many drivers drive cautiously because of the potentially higher insurance premiums. Often drivers want to keep vehicle accidents hidden and offer to pay for damages out of their own pocket. These type of arrangements following a vehicle accident is very common, but often back fires on the injury victim. The injury victim often does not realize the severity of the injury until several hours later when they realize they can barely move.

The person causing the accident often finds himself in a lawsuit despite the best efforts to keep the vehicle accident secret from the insurance carrier. Insurance companies then use the accident as an excuse to raise the insurance premium. Insurance companies are quick to point the finger at personal injury lawyers as the primary reason for raising insurance rates. Studies contradict these views. Vehicle accidents are caused by careless drivers, poor manufacturing of vehicles, and poor maintenance of vehicles, not the personal injury lawyer. The personal injury lawyer simply advocates the rights of the personal injury victim.

What is interesting is that statistical data shows the number of personal injury lawsuits has actually been dropping over the last 5 years. This has been primarily a result of safer cars. Cars are safer as result of many personal injury lawsuits brought against car manufacturers for defective vehicles. Car manufacturers often use statistical analyzes to determine whether it is more profitable to release defective cars into the market and pay out on lawsuits or to recall and fix the defects. Once again personal injury lawyers serve guard dogs and protect consumers.

If you read some former auto manufacturer’s you might come across complaints about how attorneys sue the car manufacturer following vehicle accidents and how they were forced to make cars safer. Make vehicles safer is apparently an evil, when you are running a profit focused corporation. Personal injury attorneys rarely sue car manufacturers, but when they sue is for a good reason -the vehicle is defective and it caused injury.

Personal injury laws are not designed to make people wealthy, you simply don’t get rich following an accident. The law puts you back where you should have been and this is what personal injury attorneys do. Lawyers help personal injury victims to regain their life and to be where they should have been. The $1 million dollar settlement usually follows very severe injuries or death. If you suffer an accident an were struggling to make a living, chances are you will be in the same situation right after a jury verdict.

Personal injury attorneys have been instrumental in making lives safer. Corporations complain about having to make product’s safer, because it is often less profitable to do, but in reality, personal injury attorneys force businesses to stay in business by forcing them to stay out of trouble.

In short personal injury lawsuits following vehicle accidents are fewer in number and personal injury claims are down, because among other things vehicles are safer.

By: Arnold Hernandez

Personal Injury Lawyer Will Steal Your Unprotected Personal Assets

admin — Sun, 10 Jan 2010 17:08:26 +0000

While driving to an appointment, one of your employees remembers he needs to contact a co-worker regarding a meeting. He dials the number on his cell phone, and briefly takes his eyes off the road. In that instant, a vehicle in front of him shifts lanes, and he strikes it, seriously injuring a 78-year-old woman. Under exactly this scenario, a jury awarded a $21 million judgment against Dykes Industries of Little Rock, Arkansas.

Can you buy enough insurance to cover an unexpected business liability? NO. Insurance covers only a first legal defense and insurance only covers actual damages. Insurance does NOT cover punitive damages.

STATISTICS ON AUTO ACCIDENTS AND PERSONAL INJURY LAWYERS

More than 42,000 deaths occurred in motor vehicle accidents in 2001. Could one of these have been committed by one of your employees while on company business?

There’s an army of personal injury lawyers on the Internet ready to be of service on a contingent fee basis, and more are getting educated in colleges and universities. Give it a shot, use google and type in “injury lawyer” and here’s the “Results 1 – 10 of about 1,120,000 for “injury lawyer”.

Why is being a personal injury lawyer a successful business? Because, one personal injury lawyer teaches other personal injury lawyers valuable information – they hold classes on how to pressurize and optimize more out of a given opportunity. Yes, it sounds like lawsuit abuse, but don’t blame them – it is a business.

The courts make it easy to litigate. They have learned that if they can tie you up in court for a number of years, it’s easier to settle than to fight. And if they can get sympathy out of a jury it translates to bigger fees. Whether you win or lose – you lose; at $350 per hour – it is expensive to get involved in a court battle even if you are right.

If you are a small business owner, the negligent action of one employee can cause you to lose more than just your business. You could become personally liable for assets not related to your business. This is where the personal injury lawyer gets “personal” with your personal assets!

HOW TO PREVENT PERSONAL INJURY LAWYERS FROM STEALING YOUR PERSONAL ASSETS

How do you prevent these injurious lawyers from “stealing” your personal assets and keep them at bay? The key is how you own your business. If you own corporate stock or sub “S” stock, chances are that most these lawyers have figured out how to pierce the corporate veil on their way to your personal assets.

If you get a high or if you’re an adrenaline junkie and like to take chances you would not appreciate asset protection. You would think that it’s for the wealthy who have something to hide. Or alternatively if you think that you’re covered by insurance, you have not been sued by a creditor and his very clever personal lawyer…yet. You are an easy target and if they deem it’s worth the small fee to file a suit and a bit of their time then trust me they’ll come after you – maybe not today but very soon.

HOW TO PROTECT YOUR ASSETS FROM CONTINGENT FEE ATTORNEYS

What’s asset protection? In my definition asset protection is protecting everything you have or control against pickpocket experts (i.e. personal injury lawyers or any other contingent fee attorneys) who have perfected their profession on easy targets, like you.

Each of your assets should have a financial goal. What’s your financial goal for your personal residence, your vacation spot, your CD’s, your IRA, your investment accounts, and your other valuable assets?

With your personal residence, the bank is protected by virtue of a mortgage subject to the real estate. It’s your personal equity in your home that is wide open for a lawsuit. Do you have minor children learning to drive your car? Did you know that you assume full responsibility for their negligence? Do you own your home in your name jointly with your spouse? Did you know that if either one of you gets sued … you can lose more than just your house?

Another financial goal for your house is the tax deductions available for tax purposes on your form 1040. Tax law allows deduction for mortgage interest and real estate tax deduction. So there are two financial goals for your personal residence: protection from potential creditors and their counterpart injurious, villainous attorneys, and tax deductions for your interest on mortgage and real estate tax deductions.

USE THE LAW TO PROTECT YOUR ASSETS FROM PERSONAL INJURY LAWYERS

Use “law” not secrecy. Under tax law, there’s an exception under Internal Revenue Code sections (IRC) §671-§678 that allows the original owners of the personal residence to deduct mortgage on interest and tax deductions of real estate taxes paid on your form 1040.

Under civil law if your house is owned by an independent trust with an independent trustee, you will have repositioned (transferred) you home from you and your spouse to an irrevocable trust whereby you no longer own the house.

Use “law” not secrecy to reposition your automobiles, your corporate stock, your sub “S” stock, your vacation spot, your business assets, your commercial real estate investments, your CD’s, your IRA’s, your financial investments, and so on. Each of your assets needs to have a financial asset and protection goal.

Ask yourself whom you need protection from and for what purpose do you need this protection? Then select all appropriate legal entities created by “law” such as Limited Liability Companies, “C” Corporation, “S” corporation, Limited Partnerships, Family LLCs, Family LLPs, Revocable Trusts, Irrevocable Trusts, Grantor-Type Trusts, Non Grantor Trusts, International Business Companies, International LLCs, Foreign Asset Protection Trusts, Delaware Trusts, Alaska Trusts, etc. For each asset, you should determine what is your financial goal? And then what’s the appropriate legal entity to achieve those objectives?

Beginning the thought processes to implement basic measures to thwart the evildoers of creditors and all contingent fee attorneys including our very personal injury attorneys is the first step. It always starts off with just a thought, doesn’t it? Plant that seed and then act upon it. You’ll begin to find more restful sleep and know that you’ll be making our miserable, personal attorneys find new strange bedfellows to lie with.

By: Rocco Beatrice

How Car Crash Lawyers Proceed With Liability Determination in Court

admin — Sun, 27 Dec 2009 10:42:00 +0000

When a motorcycle accident case goes to court, the case is judged from different angles and a lot of points are considered before judgment. To prove the negligent conduct of the offender court checks whether the car or truck drivers, motorcycle riders and pedestrians, if any, involved in the accident complied with traffic laws or not. Court decides who was responsible for the accident after checking all the evidences, considering statements of eye witnesses and finally performing a comparative study of fault. At last the compensation amount is computed.

The actions taken in court can be broadly classified under following headings:
Liability determination
Compensating the victims
Liability determination is the process of determining who was responsible for the accident. A lot of drivers and motorcycle riders violate traffic rules while driving. Disobeying traffic rule does not necessarily fetch any penalty, however, if an accident happens because of the driver’s fault OR rush driving results in injury for someone else, the driver is held responsible.

However, the process is not so easy. Most of the time both of the parties involved in the accident are responsible more or less. Hence, a comparative study is carried out to find out each party’s share of responsibility. If both of them violated street laws and traffic rules then who was at bigger fault? A comparative responsibility study answers such questions.

There is no specific rule for conducting comparative liability study as all accident cases are unique in nature. One can hardly find similarities between two motorcycle accidents. That is why a thorough study of the situation is required to carry on the comparative liability study.

Accident vicims in Florida may see Florida lawyers. Competent Fort Lauderdale accident attorneys and personal injury lawyers sketch the plan of action in such a way that establishing the liability clause against the offender becomes easier. Once liability determination is done, the case becomes simpler.

Having liability determination done, personal injury lawyers focus on Compensation Evaluation. The objective is to help the victims get just compensation that satisfactorily fulfills all the requirements of the moment.

Common damages from motorcycle accident are:

Property damage: Motorcycle and vehicles involved in the accidents may get damaged. Valuable possessions may be spoiled or lost during the accident. All these details must be documented properly.

Personal Injuries: Victims or both the parties can be severely injured. Bone fracture, spinal cord injury, brain injury etc. are quite common in motorcycle accident. Victims may become permanently disabled if the accident was too harsh.

Wage Loss: With severe injuries it becomes difficult for the victims to go to work. Therefore reduced income, wage loss and unemployment are inevitable.

Physical and mental stress: Not only the victims, but their family members undergo huge mental pressure and stress because of the whole incident. These damages are counted during compensation evaluation. Florida personal injury lawyer knows how to get these damages counted.

Medical expenses: One needs to spend a lot on treatments after automobile accident. Total amount of expense may depend on the nature of injuries. Amount expended for treatment must be compensated by the guilty party.

Compromised lifestyle: Victims and their dependants are put in a compromised lifestyle physically and financially. This creates huge mental pressure that should be compensated by the offender.

Expert motorcycle accident attorneys present the case in most effective way so that all the damages are considered and counted properly while calculating compensation amount. Should you become victim of motorcycle accident, take help from professional personal injury lawyers to win your compensation claim lawsuit.

By: Markus Skupeika

Sports Accidents – How Personal Injury Lawyers Can Help

admin — Mon, 07 Dec 2009 12:27:50 +0000

Sports accidents occur during participation in sports or other exercise. They can affect anyone from professional athletes to people participating in sports; either to improve their health or simply for recreation. Generally sports accidents involve those participating in a sport, but they can also involve bystanders and fans.A fan can get hit in the face with a fly ball just as easily as a player can. Each year, 42% of people between the ages of 15 and 24 are injured in a sports related accident. Sports injuries make up 23% of all trauma cases each year.

The term “sports accident” covers a range of accidents that can cause many different types of injuries. Sports injuries can range from a temporary sprain to a serious spine or head injury. Common sports injuries include:

• Sprains and Strains. A sprain is the tear of a ligament caused by trauma that knocks the joint out of position. A strain is a twist, pull, or tear of a muscle or a tendon. Strains are the result overextending or over contraction.

• Knee Injuries. Knee injuries are a common sport injury, as the knee is the most easily injured joint. Knee injuries can range from a twist, to a bone or cartilage damage.

• Fractures. Fractures are a break in the bone. There are two different types of fractures : acute and stress fractures. Acute fractures occur during a one time injury to the bone. Stress fractures occur over time from continuous stress being put on the bone.

• Dislocations. This type of sports injury is when two connected bones become separated at the joint.

• Head injuries. This is most serious form of a sports injury. There are three different conditions that can occur as the result of a head injury. The first is subdural hematoma, which can occur after a mild injury. It will develop over a span of a few days to a few weeks and is the most common cause of death in athletes with head injuries. The second form of head injury is second-impact syndrome. Second impact syndrome includes brain swelling when an athlete suffers from a concussion while still recovering from a previous head injury. The third type of head injury, chronic post concussion syndrome, is characterized by blurred vision, headaches, and a lack of concentration.

When building a sports accident case, the focus is on fault. There are many people that could be at fault for a sports injury. A sports accident could be the fault of another player. Fault could also extend to coaches, trainers, medical professionals, sports insurance providers, and the owners of sports arenas. There are legal duties that team trainers and physicians need to adhere to. They include:

• Provide proper medical treatment for the athletes or help them to obtain it

• Be able to properly assess the athlete’s physical condition

• Provide clearance for athletes to participate in sports activities

• Inform athletes of risks of participating in sports / exercise with their medical condition

Sports accidents have the potential to cause serious injuries. It is important to make sure that they are treated correctly. It is also important to remember that you may not be at fault for your injury and may be able to receive compensation. If you or someone you know has been injured in a sporting accident be sure to contact an attorney to find out if you are legally entitled to damages.

By: Victoria M. Brown

Rhode Island Personal Injury Law FAQS and Automobile – Car Accidents – by a RI Lawyer – Attorney

admin — Thu, 19 Nov 2009 21:13:26 +0000

Question: Should I negotiate with the insurance adjuster myself without the help of an attorney in order to settle a Rhode Island personal injury, slip and fall or automobile / auto / car accident case?

Answers: No. Representing yourself and negotiating with an insurance adjuster is usually not a good idea! Because you are not an attorney and have not handled personal injury matters before, you are often not aware of the full value of your case. The insurance adjuster may take advantage of your inexperience. Insurance adjusters typically will offer a lot less money to a person representing themselves than they would to an attorney representing a client. (Article by David Slepkow 401-437-1100)

Furthermore, when you are representing yourself in a Rhode Island personal injury or slip and fall case, the insurance company knows that you do not know how to litigate a lawsuit. Therefore you don’t have as much leverage with the insurance adjuster.

Question: How do Rhode Island personal injury lawyers charge for personal injury /automobile/ car accident and slip and fall cases?

Answer: Most lawyers In Rhode Island take personal injury, premises liability, dog bite cases, slip and fall and auto / car accidents on a contingent fee basis. Article by David slepkow (401-437-1100) This means that the lawyers do not collect any fees unless they are successful in settling your personal injury case or winning a verdict at trial. The lawyer typically will take the case costs from the settlement or verdict at the end of the case. Most attorneys advance case costs.

Question: If I hire a Rhode Island personal injury attorney, how does the process work?

Answer: You should retain a RI personal injury lawyer as soon as possible after the automobile or other accident. At the first meeting, the attorney typically will get all the important information concerning the accident including, but not limited to, the names of the witnesses, all injuries and the treating physician and doctors.

The attorney may want to visit the actual scene of the accident or slip and fall so that he can get further prospective on how the accident occurred. If the case is a slip and fall case, the lawyer should visit the scene of the accident if possible and interview potential witnesses. If you have any pictures of the accident scene, your damaged automobile, or of the resulting injuries, it is usually a good idea to show those to the lawyer.

If your lawyer is interested in taking the case, he or she will typically enter into a contingent fee personal injury fee agreement with you. You will need to provide a list of the names and addresses of all witnesses. Your lawyer will also ask you for the names and addresses of all treating physicians and the names and addresses of all hospitals and treating facilities. The lawyer will ask you to sign medical releases pursuant to federal law which will allow your lawyer to collect your medical bills and medical records from your health care provider concerning your injury.

The attorney will be very interested in knowing whether or not you have health insurance and the extent of your health insurance coverage. If your health insurance plan is covering your medical bills, they typically have a lien against any settlement proceeds you receive. It is necessary for your lawyer on your behalf to repay your health insurance company from the proceeds of any settlement or verdict that you receive. These liens typically can be negotiated with the health insurance company. Some insurance companies will typically lower their lien 25% to 33% to account for the work that your attorney has done on the case.

Sometimes, if liability or damage are in dispute, you can get a further reduction of the lien. Typically your lawyer will not be able to disburse any monies to you until he has paid the insurance company for the lien amount.

After the initial consultation and after you have retained the personal injury lawyer, the lawyer will typically do an investigation, if necessary, by calling witnesses, reviewing police reports, or doing anything else that is necessary to further your case. The attorney may need to read relevant Rhode Island negligence case law to evaluate the merits of your perspnal injury case. The attorney will collect your medical records and billing records. Obtaining your billing records for the accident from the medical providers is extremely important because the amount of medical bills that you have is a very important factor in determining the ultimate value of your case for settlement or trial purposes.

Your attorney typically will wait until he/she believes that you have reached a certain point in your medical treatment before he makes an offer to the insurance company to settle your personal injury case. Attorneys are typically concerned that they will settle the case prior to knowing the full extent of a person’s injuries. After an automobile accident case is settled and the release is signed, there is no way to get paid any further damages even if your injuries become substantially more severe. Therefore, it is usually not a good idea to settle the personal injury case prior to having some idea as to the extent of your injuries in the future. Your back, neck, shoulder or leg injury could get worse as time goes bye.

After the lawyer meets with you, he will typically send a letter of representation to all the insurance companies involved giving them general information about the case. The insurance company will open up a personal injury case file and respond to your attorney. Insurance companies are required by law to investigate the facts and look into the potential personal injury cause of action. When the attorney is comfortable that the right time has arrived, he or she will typically send a settlement package to the insurance company. This settlement letter usually includes an evaluation of the permanency of the injury, if any, and describes the pain and suffering of the client as well as any lost wages and medical bills incurred. The attorney typically includes in the settlement package an initial demand for settlement of the case.

The insurance company will usually reply to the letter with either an offer to settle the case or a denial of liability. If the insurance company is denying liability in the persoanl injury case and refusing to pay anything, then the attorney will have no choice but to file a lawsuit to seek damages. In the event that a settlement offer is made to the attorney, there usually will be a period of negotiation to see if the parties can agree to a settlement amount.

If the parties cannot agree to a settlement amount, it may be necessary to file a personal injury/ negligence law suit in either any of the Rhode Island District Courts or Rhode Island Superior Court. In Rhode Island (RI), most personal injury, automobile accident, premises liability and slip and fall cases are handled in Rhode Island Superior Court because matters over $10,000.00 in Rhode Island must be heard in Superior Court.

Question: My Rhode Island personal injury attorney is unable to settle my car accident case with the insurance adjuster, then what happens next?

Answer: If the attorney is unable to settle the case with the insurance adjuster, then it is necessary to file a lawsuit in court. The process of a Rhode Island personal injury civil lawsuit can take up to a few years to resolve. Your lawyer will file a complaint in court alleging negligence or other causes of action asking the court to award you damages. After the complaint is filed, the insurance company will typically hire an attorney to represent their insured. The insurance company’s lawyer will file an answer to the case.

After the complaint and answer are filed, there is usually a discovery period. The parties can send interrogatories to each other which are written questions that the other party must answer. The parties can also take depositions of witnesses which is when the other lawyer asks you questions about the case in front of a stenographer. After the discovery period, there may be a motion to dismiss or motions for summary judgment that are filed by either of the parties.

If the case is not dismissed or summarily decided, then the case will proceed to trial. The average amount of time for a law suit in Rhode Island is about two years, although the amount of time for the law suit could vary depending on how complex the case is, availability of witnesses, and the amount of cases on the docket.

Question: How do I obtain evidence of my personal injury in Rhode Island?

Answer: Please take photographs of all injuries including , but not limited to, cuts, bruises and broken bones. Do not wait too long after the accident. Please do the best that you can to obtain the witness names, addresses, phone numbers, and other information to give to your Rhode Island personal injury attorney. Please keep records of your out-of-pocket expenses for your medical bills, lost wages and other expenses incurred such as medication and medical accessories. You need to keep accurate records because you will need to provide them to the insurance company. If your injury was caused by a whiplash injury caused by a rear end accident you may need to hire an expert to testify on your behalf as to the seriousness of upper and lower back injuries caused by whiplash.

Question: Will my Rhode Island personal injury lawyer keep what I tell him confidential?

Answer: In Rhode Island there is an attorney-client privilege. Your attorney is precluded from disclosing confidential information that you do not want him to disclose to others. There is certain limited exceptions to the attorney-client privilege which usually do not apply.

Question: What type of costs are typically incurred in Rhode Island (RI) personal injury cases?

Answer: Out-of-pocketcosts, are expenses that are incurred by your lawyer to properly settle or litigate your case. The out of pocket expenses are usually advanced by the lawyer. Medical providers usually charge a nominal fee to copy your medical records. Most doctors also charge a fee to write a comprehensive medical report detailing your course of treatment, injury prognosis and whether or not your injuries are permanent. If it is necessary to have a doctor testify at the trial of your case, then the doctor may charge a substantial fee for his attendance.

Another example of out-of-pocket expenses that you may incur is a filing fee to file the complaint in Providence / kent / Newport or Washington County Superior Court and the fee for service of process of the personal injury complaint.

The amount of costs incurred in your case varies from case to case and depend on how complex your persoanl injury case is. The more serious your injuries are the more out of pocket expenses that may be incurred. Most attorneys will get prior approval before incurring a substantial cost on your behalf.

By: David Slepkow

Car Accident Advice and Tips

admin — Fri, 06 Nov 2009 11:47:15 +0000

Tip #1: If you are injured, get a lawyer!

Believe it or not, you don’t have to settle for what the insurance companies offer you. Getting a lawyer before talking to your insurance company can potentially make the terms of your settlement more favorable. Also often time personal injury lawyers will conduct house calls or visit you in the hospital to make it more convenient for you.

Some consolidated sources to find a personal injury lawyer include:

Auto Accident Helpline (1-866-973-8587)

Car Accident Helpline (1-866-280-6436)

Both of these services will direct you to a personal injury lawyer in your area. Most lawyers offer free consultations but make sure to ask before scheduling an appointment! At the very least, talking to a lawyer can teach you about your various options as a car accident victim.

Tip #2: Wear Your Seat belt

Obvious and according to the law, but still sadly neglected.

Some statistics you may want to know:

* As many as 17,000 people could be saved every year by wearing a seatbelt. (James Madison University)

* For survivors, average medical costs are 50% higher for those not wearing a seatbelt. (Car-Accidents.com)

* Of the 32,598 passengers killed in 2002 as the result of an automobile crash, almost 60% were not wearing seatbelts. (Naval Safety Center)

(Statistics compilation credited to Anapol Schwartz)

* Seat belt use increased to 90% on expressways and remained at 80% for surface streets.

* In states where rear seat belt use was not required in 2008, only 66% of adult passengers wore their seat belts while sitting in the backseat. In states where rear seat belt was required, 85% of adult backseat passengers buckled up.

* Fifty-five percent of those killed in passenger vehicle occupant crashes in 2008 were not wearing a seat belt. Sixty-four percent of those killed during the night were unrestrained, compared to 45% during the day.

(Statistics credited to The National Highway Traffic Safety Administration)

By: Jennifer R Smith

Car Accidents are Common in Los Angeles–Good Personal Injury Lawyers Aren’t

admin — Wed, 04 Nov 2009 09:48:13 +0000

Every year tens of thousands of California and Los Angeles vehicle drivers are involved in a car accident resulting in injuries to themselves or others. A high percentage of these accidents result in personal injuries. If you have suffered a personal injury you may be entitled to compensation for your injuries. Personal injury cases can become very complicated.

In all automobile accident cases it is essential that steps be taken immediately to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. Therefore, is important to choose an experienced personal injury attorney in pursuing a claim to recover for your personal injuries.

Traffic Accidents in Los Angeles and Orange County are the most common types of personal injury cases. Cases involving personal injury resulting from accidents are litigated under the principles of negligence, (link to negligence) unless the state has determined to do away with fault as an issue. The injured plaintiff is required to prove that someone was negligent, that the negligence caused the accident, and that the accident caused the plaintiff’s injuries. In some cases your gut feeling may tell you that the other driver, cyclist, or pedestrian acted carelessly, but not what rules they violated.

Types of Car Accident Injuries

Side-impact injuries

A side-impact injury occurs as a result of another vehicle barreling into you from the side. It is the deadliest form of car accidents leaving 10,000 persons dead each year. In a head-on collision you are protected by several feet of steel, engine, and bumper. A side-impact accident leaves only a few inches of door and some window glass between you and the other vehicle.

Every vehicle on the road is required to pass the government implemented side-impact standards. Many people feel these standards are outdated. The government tests have been criticized for failing to test head standards in all vehicles. It uses a dummy representing an average size male that doesn’t register head injuries, and its test only looks at what happens when similar size vehicles collide.I was a passenger involved in a car accident and I suffered injuries, can I get recovery for my personal-injury damages?

Passenger Injuries

If you were a passenger in a vehicle involved in an accident, and if you have sustained injury as a result, you are entitled to receive compensation for your injuries. As a passenger, you have a claim against both the driver of the vehicle in which you were riding as well as the drivers of any other vehicles (or any other negligent party) involved in the collision. As a passenger you generally cannot be considered to be at fault or partially at fault for causing an accident unless you do something to cause the accident such as distract the driver.

Paraplegia

Paraplegia is a type of paralysis which affects both the legs and the trunk. Persons affect by paraplegia have no movement in their legs, and are often limited or have no movement in their torso. Paraplegia results from spinal cord injury. (Link to Spinal Cord Injury) Many accident victims are paraplegic as a result of unsafe or defective vehicles.

Paraplegia interrupts sensory messages to the brain so that the affected individual cannot “feel” their affected body parts, and are generally insensitive to pain or heat. As a result, a victim’s health and safety is jeopardized because of this inability to differentiate pain. Some victims have damaged nerves resulting in phantom pain and heat sensations. Paraplegia significantly impacts the patient’s quality of life by affecting sexual drive, digestive capabilities, bladder control and shortened life expectancy.

Car accidents have often caused the major trauma (link to traumatic brain injury) that result in paraplegia. Vehicles such as SUV’s are prone to roll over and do not have adequate roof structure. As a result, the roof crushes and caves in causing spinal cord injuries. Fortunately, there are steps to be taken to reduce such injuries including paraplegia. There are step that auto manufacturers should take to ensure that vehicles are safe and have the best airbags, seatbelts to prevent ejection, sound vehicle design and roof stability

Spinal Injuries

Although the spinal cord is only 18 inches long, and is made up of tiny, delicate nerve cells, a spinal cord injury (SCI) can be a traumatic and devastating injury resulting in a lifetime of pain, suffering and huge medical expenses. At the California Attorney Group, we know how devastating these injuries can be.

An SCI typically involves some type of trauma to the nerve cells that form the spinal cord. As the spinal cord carries messages from the brain to various parts of the body to control functions such as movement, breathing, speaking, and other critical body functions, an injury to the spinal cord disrupts this communication, leading to the impairment of the body’s sensory, motor and involuntary reflex functions. Depending upon the nature and extent of the SCI, these disruptions can lead to two devastating conditions: paraplegia (paralysis of the lower portions of the body) or quadriplegia (paralysis of the upper and lower parts of the body).

The principal causes of SCI are automobile accidents [link to Car Accidents, slip and falls [link to Slip and Falls], acts of violence, sports-related injuries, injuries at work, and other incidents that cause injury or compression to the nerve cells of the spinal cord. Approximately 250,000 Americans currently suffer from some form of SCI, and there are about 11,000 new cases annually.

The costs related to SCI can be staggering. More than half of all spinal cord injuries result in quadriplegia, resulting in an average hospital stay of 95 days and approximately $140,000 in medical expenses. For individuals who sustain SCI at the age of 25, the average lifetime medical costs for quadriplegia is $1.35 million. And these figure does not take into account the physical and emotional suffering of the victims, the loss of wages and other income, and the financial and emotional burdens that SCI places on the victims’ care givers, who are more often than not close family members of the victim.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorney’s will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. {link to brain injury] A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

Brain Injuries

Most often brain injuries are caused by serious vehicle accidents, drastic falls, bus or train accidents, amongst other sever accidents. Every 15 seconds someone suffers a brain injury. The impact of a brain injury on someone’s life can be devastating, but a brain injury attorney can help lessen the strain the brain injury has caused by recovering damages the brain injury patient is entitled to. Of all the injuries that an individual can suffer, brain related injuries are among the most frightening and the most deadly. At California Attorney Group, we can handle brain injury cases, and we know how traumatic they can be.

There are several different types of traumatic injuries that can damage the brain. A skull fracture occurs when the bone of the skull cracks or breaks. A depressed skull fracture occurs when pieces of the broken skull press into the tissue of the brain. This can cause bruising of the brain tissue, called a contusion. A contusion can also occur in response to shaking of the brain within the confines of the skull. Damage to a major blood vessel within the head can cause a hematoma, or heavy bleeding into or around the brain.

Traumatic Brain Injury

Traumatic brain injury, commonly referred to as TBI is sudden physical damage to the brain. The damage may be caused by the head forcefully hitting an object, such as hitting the wheel, window or dashboard of car (closed head injury) or by something passing through the skull and piercing the brain, such as a bullet or a knife (penetrating head injury). A closed head injury can also be experienced when the brain undergoes severe shaking or twisting, such as whiplash.

The common symptoms among adults are:

low-grade headaches or neck pain that won’t go away

having more trouble than usual with mental tasks (e.g., remembering, concentrating, making decisions)

slowness in thinking, speaking, acting, or reading

getting lost or easily confused

feeling tired all the time, lacking energy or motivation

changes in sleeping patterns (sleeping a lot more or having a hard time sleeping) *

feeling light-headed or dizzy, losing your balance

increased sensitivity to sounds, light, or distractions

blurred vision, eyes that tire easily

loss of the sense of smell or taste

ringing in the ears

mood changes (e.g., feeling sad or angry for no reason)

Among children, the symptoms are:

listlessness or tiring easily

irritability or crankiness

changes in eating or sleeping patterns

changes in the way the child plays

changes in performance at school

lack of interest in favorite toys or activities

loss of new skills, such as toilet training

loss of balance, unsteady walking

Brain injuries can result from a number of different causes, with the leading causes being motor vehicle crashes, slips and falls, sports-related injuries strokes, anoxia, tumors, viral infections, degenerative diseases, near drowning, and other conditions not involving external force. Approximately 1 million Americans are treated and released from hospital emergency rooms each year as a result of TBI, and an estimated 5.3 million Americans are living today with some form of TBI-related disability.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorney’s will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

By: Michael Eric Williams