Articles Posted in Personal Injury

Recently a horrific head on collision on Highway 18, in San Bernardino, near Rancho Cucamonga, caused the death of a forty-eight year old local man, said the Police.

The twenty year old man, who was driving a Ford F250 pick up truck was traveling at a high rate of speed, when he lost control of his vehicle, crossed over the median and struck the other vehicle, head-on, causing the death of the driver.  There are also allegations of the responsible driver being under the influence, while driving.

The family of the deceased man, can and should bring a wrongful death action against the responsible driver.  Given the excessive speed and being under the influence, the family of the deceased man, may also be entitled to punitive damages, in this case.  An experienced injury lawyer in San Bernardino, would be needed to pursue a claim for punitive damages.

A recent automobile v. pedestrian accident in Fontana, California, at the intersection of Baseline and Almeria Avenue, is a reminder that an accident can happen at any moment.  When a woman was struck by a car, when she was crossing the street at this intersection.  She was badly injured and taken to a local hospital, for treatment.  Injuries to a pedestrian in such accidents can be catastrophic.  Spinal cord injuries, broken bones, paralysis, disfigurement, or other types of serious and permanent injuries are not uncommon.

Between 1975 and 2005, over 180,000 pedestrians have been killed as a result accidents.

If you or a loved one are injured in an accident, resulting in serious injuries, you should contact an experienced accident attorney for a free consultation.  Most personal injury attorneys offer free consultations for new clients.  Many reputable injury lawyers, work on a contingency fee basis.  This means that they will only get paid, if you do.

Recently, an accident claimed the life of a motorcyclist in Malibu, when a driver leaving a popular restaurant, turned into its path.   The Los Angeles County Sheriff’s Malibu / Lost Hills Station shut down eastbound lanes of the Pacific Coast Highway for hours and investigated this fatal accident.  Although the driver was tested at the scene for alcohol, the Sheriff believes that unfamiliarity of the driver with the area, may have been the cause of this motorcycle accident.

In such fatal motorcycle accidents, auto accidents, pedestrian accidents, or truck accidents, the police agencies conduct a thorough investigation with an eye towards  possible criminal conduct, such as reckless driving, drunk driving, or driving under the influence of drugs.  However, it is the job of an experienced personal injury attorney, to conduct such investigation to reveal who the responsible party or parties maybe.   While the family of a deceased motorist or pedestrian will undoubtedly be grieving after such a tragic event, they should contact a qualified aggressive injury lawyer to handle this type of serious case immediately.

Many auto insurance carriers in California offer Medical Payment or Med-Pay Coverage, when selling automobile insurance.  Medical Payment Coverage provides benefits to the occupants of a vehicle who get injured in an automobile accident.  In some circumstance it may also provide coverage to the insured individuals, if they are injured in any other type of automobile related accident, such as pedestrian accident, bicycle accident or if injured in another person’s vehicle.

Medical Payment Coverages are usually either “Reimbursable” or “Non-Reimbursable”.  The Reimbursable type of Medical Payment Coverage requires the benefits to be paid back to the insurance carrier, if and when the injured person receives compensation for the injuries from a third party.  The Non-Reimbursable type of coverage, does not have such a requirement.

Medical Payment Coverages can also be either “Primary” or “Excess”.  Primary Medical Payment Coverages, pay any medical bills that are incurred as a result of a covered loss.  Excess Medical Payment Coverages, only pay the medical bills or portions of medical bills for covered losses, that are not covered by individual’s health insurance.

Many times after an accident, an injured individual is victimized again by negligence of people who are supposed to care for them.  Unfortunately due to reasons that are beyond the scope of this article, emergency rooms in many urban areas, are overcrowded, understaffed or run by over worked and under trained personnel.  Emergency rooms in Los Angeles, are no exception.

Recently the County of Los Angeles had to pay $1.175 Million to a patient, who was transported to UCLA Harbor Medical Center after an accident, where she was supposed to be treated for her injuries.   The patient claimed in her lawsuit against Los Angeles County, that her vessel walls were injured when a procedure was improperly performed.

The injuries she sustained at the hospital, in the hands of the doctors, were probably far worst than the ones she had suffered as a result of the auto accident.

Valuation of a personal injury claim is more of an art than science. When a driver is responsible for causing an accident, then he or she is liable to pay the injured party, a wide range of damages.

The damages may include; medical bills, loss of income, permanent disabilities, pain and suffering, future medical care, loss of consortium, and in some rare cases, even damages to punish the wrongdoer.

Although, many of these damages seem very straight forward, proving the full extent of it, requires expertise of an injury lawyer who specializes in representing injury victims who have been involved in auto accidents, motorcycle accidents, pedestrian accidents, bus or trucking accidents, and any other type of serious injury accident.

In Santa Ana, California, Jury convicts drunk driver of killing three individuals in a car accident. This particular case got a lot of media attention, because one of the victims was a major league baseball pitcher. However, unfortunately everyday drunk drivers cause serious injuries and even deaths on the roads of Los Angeles, San Bernardino, Orange, and Riverside counties.

Although, the case mentioned involved a criminal prosecution of a drunk driver, many individuals who have been injured in accidents involving drunk drivers, seek justice by suing for damages in civil court.

In a civil suit, the injured party can seek a variety of remedies against the responsible party. The type of damages that an injured party is entitled to can include reimbursement of medical expenses, loss of earnings, loss of earning potential, pain and suffering, cost of future medical care and also punitive damages.

After being injured in a serious accident, the last thing people worry about is the insurance companies spying on them. More and more insurance company adjusters and or investigators resort to the Internet to investigate individuals who are presenting an injury claim.

Many years ago, before the advent of the Internet and the social networking websites, it would cost an insurance company thousands of dollars to hire a private investigator to follow a claimant around, to determine the legitimacy of an injury claim. The cost and the effort required to conduct such an investigation, usually limited it to major insurance claims, such as a long-term disability claim, workers’ compensation claim, or a catastrophic injury claim.

However, now an insurance adjuster can sit in his or her own cubicle and within a few minutes locate anyone’s online profile, on websites such as facebook, twitter, myspace, or any number of other online resources.

Everyday, many are injured as a result of a fall. In cases where a substance or an uneven surface creates a “dangerous condition” a property owner or manager can be held liable for the resulting injuries.

However, a less obvious cause of a fall can be easily missed. Examples of less obvious causes such injury causing accidents are: missing railing around a stairwell, missing friction strips on exterior steps, inadequate lighting, or other building code violations.

If any of the aforementioned defects result in a person losing balance and falling, the property owner, manager or the business operator maybe sued for personal injuries. After a fall, back injuries, spinal injuries, knee injuries, broken bones, head trauma, or wrist injuries are common.

If you are injured in any type of accident, such as car accident, motorcycle accident, taxi accident, airline accident, or trucking accident, your ability to earn a living in the future maybe affected. This type of damage is called “loss of earning capacity”. An experienced Los Angeles Injury Lawyer can assist you in proving and recovering such damages in case of a serious injury accident.

Since this type of claim involves assessing damages into the future, it is more complex than other types of injuries, such as recovery for medical bills, pain and suffering, loss present earnings, and other types of injuries. Therefore, consulting a local accident attorney is always recommended.

Calculating loss of earning capacity involves gathering information regarding the injured person’s current earnings, his or her potential for future earnings, and resulting limitations due to the injuries.