Personal Injury Law Blogs

Finding Motorcycle Accident Attorneys in Santa Ana

Imagine something like this happens to you: You’re driving your motorcycle along Rte. 5, the Santa Ana Parkway, without a care in the world. The wind is whistling through your helmet, the sky is a gorgeous blue, you’re not in a hurry to get anywhere — and suddenly a car cuts into your lane, knocking your bike with its rear bumper. You and your motorcycle go flying and, if you’re lucky enough not to get hit by another car as you careen out of control, you land on the shoulder of the road tangled in the twisted remains of your own bike, racked with pain from multiple injuries or even from trauma to your head that your helmet was unable to protect you from. Good Samaritans stop to help you, calling an ambulance. Maybe the driver of the car that hit you takes mercy and pulls over to offer you help. (Or maybe they flee the scene, turning what was already a devastating accident into a hit-and-run.)

Or maybe this or something like it has already happened to you or to someone you love. If so, you know that the pain and horror of finding yourself lying twisted by the roadside is just the beginning. Now you need expensive medical treatment, a long period of recuperation, physical therapy. You’re probably unable to work at your job. In a worst case scenario, you may be paralyzed or have suffered brain damage, leaving you unable to work ever again. Your life may have been changed permanently.

It’s possible that nothing could ever fully compensate you for the results of such a motorcycle accident, but you’ll still need a great deal of money for the expense of recovery and the loss of income from your job. Don’t expect the insurance company representing the negligent driver to pay that money. They’ll offer you a settlement, but it will be much smaller than you need. (You didn’t think insurance companies made a profit from paying out fair settlements, did you?) Since your accident took place in Santa Ana, what you need is a motorcycle accident attorney who works in the Santa Ana area and knows the Orange County legal system, while even getting assistance from a process service company. What you need is a champion who can negotiate with insurance companies and lawyers with you and work to obtain for you a settlement that will come as close as possible to compensating for your losses and injuries.

Don’t delay. You can find Santa Ana motorcycle accident attorneys in the Yellow Pages or on the Internet. Set up a free consultation with one and see how you get along. When you find the right attorney, you’ll be on your way to getting to getting a just and fair settlement for the motorcycle accident that not only ruined your perfect day on the freeway but may well have ruined your life.

Birth Injury Basics: What You Need to Know

Trinity in the NurseryMedical malpractice can occur when a medical professional fails to perform his or her duty in the normal standard of care, or is negligent in providing proper care for a patient. Birth injuries that occur because of negligent medical care may result in injury to the baby. If you suspect you or your baby may be a victim of a birth injury, continue reading. Some of the most common birth injuries include the following scenarios:

• The obstetrician induces labor too early in the pregnancy
• Failure to respond to obvious signs of fetal distress which deprives the baby of oxygen
• Misusing the forceps during delivery
• Failure to diagnose an infection in the mother
• A Brachial plexus injury can occur if there is difficulty delivering the baby’s shoulder
• Not performing a Cesarean section after prolonged labor, thereby leaving the baby in the birth canal without oxygen
• Problems with the umbilical cord or failure to take immediate action

Birth injuries can also happen when the collarbone is fractured during delivery, most often if the baby is in a breech position.

Proving Your Malpractice Claim

All healthcare professionals are tasked with providing the best possible care to their patients. All medical professionals owe a legal duty to the patient to administer care that is commensurate with the standards of their colleagues. When an injured plaintiff files a malpractice suit, they must be able to prove the following four elements in order to win the case:

1. A Duty of Care Was Owed — The plaintiff must prove that the doctor owed a duty of care because they had a doctor/patient relationship.

2. A Breach of Duty Occurred — The doctor owed a legal duty to the patient and the duty was breached when they deviated from the acceptable medical standards.

3. Injury to the Victim — The breach of duty was the primary cause of the injury suffered by the patient, such as failing to diagnose a condition.

4. Obtaining Damages — The plaintiff is entitled to obtain compensation and they can seek damages for the injuries they suffered due to medical negligence.

The injured victims will need a birth injury attorney to help them file a lawsuit for compensatory damages, which include both economic and non-economic damages. Economic losses typically include the cost of medical treatment needed. Non-economic damages include the pain and suffering the victim endured. In some cases, these may be harder to prove than economic losses. If the doctor acted maliciously, the plaintiff can sue for punitive damages, which are meant to punish the defendant for bad behavior and keep others from similar conduct in the future.

When to Seek Advice From a Medical Malpractice Attorney

Childbirth injuries continue to be a problem in today’s society. Obstetricians may find themselves facing lawsuits when a baby or mother is injured, causing permanent life-long disabilities. According to our medical malpractice lawyer in Syracuse NY, medical malpractice cases can be tough to prove because the stakes are high for everyone involved in this type of lawsuit. Because of this, it is critical for patients to hire experienced and well-trained medical malpractice attorneys to represent their interests. Malpractice attorneys can determine which cases will be successful if they go to trial.

Patients who have suffered serious harm during any type of medical care have the right to hold medical professionals legally liable. If you suspect you or your baby are victims of a birth injury malpractice, seek the wisdom and advice of an experienced malpractice legal firm to examine the facts regarding your case. They can help you recover damages for injuries you or your child may have suffered.

A native of upstate New York, Karla M. Somers is a mother, writer and legal researcher. She contributes articles to the law firm of Bottar Leone, a medical malpractice lawyer in Syracuse NY. For more than 30 years, this experienced legal team has been helping people recover their losses in wages and benefits, medical bills and permanent disabilities as a result of medical malpractice.

The Dangers of Boating Machinery Failure

(US personal injury law) Boating is one of the more popular recreational activities in the United States, particularly in coastal areas or those near a large body of water. Unfortunately, boating can be a risky activity for many, potentially resulting in injuries in a number of different ways. However, one of the most disturbing possible causes of a boating accident involves machinery failure, which is a surprisingly common phenomenon.

U.S. personal injury law ensures that those who have been the victim of an injury occurring as a result of machine failure of a boat not due to their own actions are entitled to seek compensation for their losses and expenses. However, actually receiving the compensation that may be owed to an injury victim can be difficult without qualified legal representation. Therefore, injury victims typically should seek legal assistance when pursuing an injury claim.

Common Types of Machinery Failure

There are a number of different ways in which machinery failure can occur on a boat, resulting in injury to any passengers or the boat’s driver. The U.S. coastguard has published a list of all the boating machinery failure accidents occurring in the U.S. in the previous year, available here. However, the most common of these accidents include:

Electrical system failure

Engine failure

Steering system failure

Shift failure

Throttle failure

These and other common forms of boating machinery failure can result in serious injuries and, in extreme cases, even death. These types of tragic circumstances should not be the victim’s burden to bear alone. Fortunately, financial compensation that can cover many of the costs of an injury caused by machinery failure on a boat may be available through a personal injury lawsuit. However, to ensure that a victim’s likelihood of receiving compensation is as high as it can be, it is often necessary to pursue the services of a qualified personal injury lawyer.

Author Bio

Michael Norman is a full time blogger interested in a number of topics, particularly matters of the law, such as personal injury law. He devotes a number of hours to posting articles regarding recent news topics and areas of interest pertinent to personal injury law on relevant blogs and other sites.

Route 78 Crash Leaves Two Adults, Two Children Dead

September 1, 2012—Santa Ysbael, CA—According to CNS News, authorities have identified the victims of a head-on car collision that occurred Tuesday on State Route 78 near Santa Ysabel. Two children and two adults were killed, and a number of others were injured.

The crash occurred around 3:15 p.m. and involved two vehicles. Mary Aguilar, 33, was driving eastbound with seven passengers, six of whom were children. A Pontiac Vibe driven by Francisco Perez, 33, crossed the center line and hit Aguliar’s vehicle head-on. Both drivers were killed instantly. Also killed were Camryn Aguilar, 7, and Jennifer Aguilar, 9, passengers in their mother’s car. Two other children and a passenger in the Vibe were also taken to the hospital with injuries.

My sincere condolences go out to the Aguilar family on their terrible loss.

Head-On Collisions Rare But Often Deadly

According to the National Highway Traffic Safety Administration, head-on collisions represent only two percent of all traffic accidents, but account for ten percent of all fatalities. The high level of fatality in these accidents is usually attributed to the fact that high-speed head-on impacts can push engine blocks forward into the driver and passenger seating areas, resulting in severe trauma. Passengers in the back are usually safer during a head-on collision than during other types of crashes.

The Cause of This Accident

The California Highway Patrol has not released a final report on the cause of the accident, but it is clear that the driver of the Vibe crossed into the path of the Aguilar’s vehicle. Whether the driver suffered a seizure or heart attack prior to the accident, whether he was under the influence of drugs or alcohol, or whether a mechanical failure on his car led to the accident is unknown at this time.

Who Is Liable?

Liability in this case seems relatively clear-cut, but a professional car accident attorney should examine the evidence of the case carefully. It is very possible that there are mitigating circumstances that may change the liability picture. For example, if it is found that the driver crossed the center line because of a tire blowout, the manufacturer of the defective tire could be liable rather than the driver himself. Similarly, if the driver suffered a seizure due to incorrect dosage of medication, the healthcare provider who prescribed the drug could have liability.

In defence of personal injury solicitors

Ambulance Chasing? Personal Injury Claims in 2012Personal injury law has something of a bad reputation. Personal injury solicitors are derided as ‘ambulance chasers’ and viewed as untrustworthy. Injury lawyers are viewed with suspicion, if not outright hostility. The negative public perception of injury claims lawyers isn’t helped by the seemingly wall-to-wall TV ads which are on from morning until early evening. With this level of saturation, an advert for PPI claims, a talking Meerkat or even a gratingly jaunty Opera Singer provide light relief. The terminology used in these ads is part of our daily lexicon – ‘make a claim’, ‘no-win-no-fee’, ‘damages’ and so on.

Personal injury law in the UK

However, what haven’t made it into our daily vernacular are the terms which underpin personal injury law – ‘delict’ (‘tort’ in England), ‘duty of care’, ‘summary cause action’ and so forth. Personal injury law (or the law of negligence as your solicitor would call it) is a vast and occasionally complex area of law that encompasses pretty much every ‘wrong’ a man, woman or company can inflict on another. From illness-inducing invertebrates ensconced in beverage bottles, to falling bags of flour, right through to professionals providing unreliable information, the law of negligence has had to consider many of the myriad actions and consequences of human conduct.

Purpose of compensation / ‘damages’

One salient fact which rarely comes through in the sensationalist headlines is that compensation or ‘damages’ is designed to put you in the position you would have been in, ‘but for’ the negligent act (or omission) which resulted in your injury. This is often missed as sensational tabloid headlines decry a payout in the hundreds of thousands for someone who suffered a seemingly insignificant injury. Obviously this is not a perfect science.  It’s difficult to put a price on the loss of a limb, or an injury to an internal organ but the law tries as best it can to award an amount commensurate to the injury or loss. In addition, compensation can be claimed for loss of amenity, the cost of care and the cost of altering your lifestyle as a result of your injuries. It becomes easier to calculate loss when the loss in question is financial (or ‘pecuniary’ as the law calls it). Nonetheless this can involve a detailed computation using something akin to actuarial tables. Once your personal injury lawyer arrives at a figure, this is then proposed as a reasonable level of compensation to the other side, and to the court. Normally a process of negotiation follows during which your personal injury solicitor fights tooth-and-nail to get you a figure as close to the top of the proposed sum as possible. Again, these parts of the process rarely make it into the sensational tabloid headlines.

Fighting your corner

Personal injury solicitors such as Lawford Kidd provide a valuable service for a great many people who have suffered a loss which wasn’t their fault. They achieve redress for people who have been wronged. The roots of this branch of our law date back to Roman times and, fascinatingly, have their basis as a way to preserve a peaceful society. In ancient times a financial payment was intended to head off retribution being taken or a blood-feud developing. It is easy to scorn personal injury lawyers and claims companies and scoff at the seemingly ridiculous levels of compensation that are awarded. However, the media never tell the full story. And it’s a sure-fire bet that if we were injured, and it wasn’t our fault, we would want someone to fight our corner.

Image courtesy of  Lee J Haywood on Flickr

How Dangerous are Motorcycles, Really? [Infographic]

Motorcycles have a reputation as dangerous vehicles. Are they really as dangerous as everyone claims? Compare this: in 2010, only 4,300 people died in motorcycle accidents, where 22,000+ people died that year in car accidents. On the other hand, over the course of 100 million driven miles, motorcycles rack up 35 crashes compared to 1.7 car crashes.

In a motorcycle crash, the driver is much more exposed than in a car. Motorcycles collide with cars more often than with stationary objects, which makes the velocities involved that much higher. Bikers are often significantly unprotected — lacking helmets, protective gear or thick clothing — where someone in a car is riding inside a box designed to save lives. Bikers end up with damage to nerves, joints, the head and even skin in road rash.

Motorcycles are most often driven by students and manual laborers. Those people under 40 years of age are 36 times more likely to be killed on motorcycles than in cars. It’s quite clear that motorcycles are a dangerous vehicle to drive. The reason, statistics seem to say, is a combination of unsafe driving habits, unsafe vehicles and a lack of protective gear.


Motorcycle Accident Infographic
Infographic authored by Sutliff & Stout, motorcycle accident lawyers. To view the original post, check out the original Motorcycle Accident infographic.

Chevron Flooded with Injury Claims as Refinery Leaks Continue

Chevron Corporation
Chevron Corporation (Photo credit: Wikipedia)

Three law firms in Richmond, Calif., have announced class action lawsuits against Chevron Corporation for gross negligence and mishandling of the August 6 refinery fire that sends thousands to the hospital and continues to leak crude oil.

With a single firm, more than 3,000 plaintiffs are suing for what they consider to be a preventable fire that adversely affected the health of many in the area. Over 10,000 have brought claims against Chevron, whose spokesperson said would evaluate each claim for legitimacy as they come.

(more…) “Chevron Flooded with Injury Claims as Refinery Leaks Continue”

Personal injury – the basics

No Win No Fee claims generally refer to personal injury claims and were brought in to replace legal aid for personal injury cases in the mid 90s. A no win no fee claim cuts out the middleman by enabling the client with the claim and their chosen solicitor to come to a mutual agreement regarding the legal costs which suits both parties.

No Win No Fee quite simply means that, if the client making the claim doesn’t win their case, they don’t pay the solicitor and insurance payments will cover any costs incurred by the defendant.

If, on the other hand, the client making the claim does win their case, they will normally receive full compensation without any deductions and the defendant will pay all legal costs and any other fees incurred.

However, not all personal injury claims are accepted by No Win No Fee solicitors so it is imperative to check whether the case fits the criteria of the law firm in question before pushing forward a claim. There can be major differences and risks between a whiplash claim or a slip injury claim, which are generally more straightforward, and other types of injury claims such as suspected medical negligence or claims for sport injuries which are more complex.

How does a No Win No Fee Claim Work?

When an individual suffers an injury which wasn’t their fault they may be able to put in a No Win No Fee personal injury claim. The first step is to find a solicitor who specialises in No Win No Fee cases or is happy to take on the case on a No Win No Fee basis.

Once a solicitor has been appointed a letter will be drafted and sent out to the defendant informing them of the client’s intention to seek compensation for the injuries they have suffered.

The client will then be required to undergo a medical assessment to determine the severity of the injury and the effects the injury has had on the client.

Once the assessment has been completed and the solicitor has had time to evaluate the assessment results he will then be able to calculate the amount of compensation due using the findings from the assessment, the client’s loss of earnings and any further expenses incurred because of the injury.

More often than not a No Win No Fee case will be settled out of court with all necessary correspondence undertaken by the solicitors acting for both parties concerned.

Occasionally, if a claim is disputed by the defendant, then both parties may have to attend court to try to reach an agreement.

The solicitor acting on behalf of the client with the claim will not receive their fee if the claim is unsuccessful and the solicitor will always ensure that the client has insurance in place to cover the defendant’s legal costs should the claim not go through.

If the client wins the case then, in most circumstances, he or she will be awarded the full compensation amount and all legal fees, medical report costs and other costs incurred by the client will be paid by the defendant.

The solicitor acting on behalf of the client with the claim will also be entitled to a further fee to be paid by the defendant which is known as the success fee.

Personal Injury

Personal injury is when someone suffers an injury due to the result of someone else’s negligence. Personal injury may include whiplash, torn ligaments, bone fractures or lacerations.

When an individual has a case of personal injury then the more evidence they can supply their solicitor with the better and, although the medical assessment will form the basis of the case, any further evidence will make the case a stronger one.

Further evidence could include:

  • Medical statements by doctors, nurses and specialists who witnessed and treated the injury
  • Statements from individuals who witnessed the accident itself
  • Photographs of the accident and the injury
  • Accident logs/books – All businesses are required to have an accident book to log the details of an accident when it happens. In cases where the accident is quite severe an employer would also be expected to report the accident to the Health and Safety Executive (HSE).

For further no win no fee advice, Lloyd Green Solicitors provide specialist help.

What Happens to Doctors Who are Guilty of Medical Malpractice

(US law and generally) When medical malpractice occurs, the patient who was the victim and their family often contemplate whether or not they should hire an attorney. A personal injury lawyer can help advise you about how you should proceed. A medical malpractice case, unlike many other types of personal injury such as a car accident, is unlikely to settle without the help of a lawyer. Medical practitioners frequently are reluctant to admit fault. This is due to many factors, such as the complexity of these cases, as well as the fact that doctors do not want to admit that they did or failed to do anything that fell below the standard of care. Doctors, nurses, and other medical practitioners want to preserve their standing in the community and also worry about licensing issues and malpractice insurance.

Unlike a criminal case, in which a defendant must be proven guilty beyond a reasonable doubt, medical malpractice must only be proven by a “preponderance of the evidence” standard. This means that the medical practice occurred and was the cause of the plaintiff’s injuries and damages more likely than not.

Most medical practitioners have medical malpractice insurance that can cover the cost of their legal defense and any possible damages awarded. In some cases, doctors do not carry medical malpractice insurance, which likely means in some cases that they have been sued for malpractice previously and their premiums for coverage are higher than they can afford to pay. However, this is unusual. Lawsuits can be controversial in some cases, because there is sometimes a misconception that the person who is sued will have to pay for the damages out-of-pocket. That is usually not the cases, particularly among professionals, such as doctors and hospitals.

Even if a doctor, facility or nurse is found to have committed malpractice in a jury trial, the person or entity may still be allowed to continue practicing medicine, depending on the severity of the conduct and whether there is a repeated pattern of similar behavior. The issue of medical malpractice in a civil trial can uncover evidence to be considered by a state medical board in issuing a cautionary statement, fines, or suspending a practitioner’s license to practice medicine, but the issue is decided by the board, not by a jury. Some doctors and nurses are reluctant to settle because they do not want to admit any fault on the issues, even though these trials are expensive to litigate.

In order to prove a medical negligence case, a personal injury lawyer must hire other medical experts who practice in the same specialty as the defendant to state that the defendant’s conduct fell below the standard of care for that specialty in a same or similar locality. While the experience of a trial can be extremely stressful for the doctor involved, in some cases, it urges caution among other practitioners in the field.

If you believe you have been a victim of medical malpractice, speak to an attorney about your concerns. A medical malpractice lawyer can assess the evidence and assist you in pursuing your claim.

California Takes on DUI Drivers!

car accident @ vestavia hills(Californian DUI laws with some aspects of personal injury discussed) Being charged with driving under the influence, or DUI, in California is bad enough, but when your DUI charge involves injuries to another person, the situation can become even more serious. While being charged with any type of DUI can come with fines, fees, jail time and more, being charged with DUI with bodily injuries can lead to severe consequences. Below are the differences between felony and misdemeanor charges, as well as potential options for handling this serious situation.

Felony vs. Misdemeanor

In most cases of DUI, the charge will be a misdemeanor. This means that the driver will pay a fine not to exceed more than $1,000, and he or she may face not more than one year in jail if convicted. Our Santa Cruz DUI lawyer states that a felony, on the other hand, is a much more serious charge, and it can result in thousands of dollars in fines and many years in a federal prison, if you are convicted. With that said, a DUI in California that results in bodily injury will more than likely end with a felony charge. In addition, a misdemeanor or felony conviction will remain on your criminal record indefinitely. In some circumstances, a conviction may be expunged, but the process can be time consuming and expensive, leading many convicted individuals to give up on their quest altogether.

Consequences of a Felony Conviction

As mentioned, a felony DUI conviction may result in thousands of dollars in fines and many years in jail, but those consequences are often just the beginning. A felony conviction resulting from a DUI with bodily injury arrest can also destroy various job opportunities in the future, as many employers are less inclined to hire felons. In addition, felons must abide by a variety of special laws once they are released from incarceration, including the inability to own or posses a firearm. Furthermore, persons convicted of felonies may have a hard time integrating back into society after their time served.

Options for Those Charged with DUI Resulting in Bodily Injury

Thankfully, there are options available for individuals who have been charged with a DUI resulting in bodily injury, including hiring an experienced lawyer, especially those who have been charged with DUI resulting in bodily injury. In such cases, criminal defense lawyers who specialize in DUI charges may be able to help you offer a solid defense in court. A knowledgeable local attorney will also be able to investigate each aspect of your case, from the arrest to your treatment while in custody – meaning you might be able to prove your innocence based on an injustice.

Finally, it’s important that you recognize the responsibility that you hold as a driver. While on the road, you are piloting a machine that is capable of causing serious harm to yourself, your passengers and others on the road, meaning you must always be in control of your vehicle. Simply put, if you’ve found yourself intoxicated, never get behind the wheel. Call a cab, call a friend, take public transportation or find any other way to safely make it to your destination; never drive. Remember, anytime that you get behind the wheel, you hold your life and the lives of others in your hands.

Karla M. Somers is a former family mediator who likes to write about conflict management and other legal issues. She is a contributing author for Terry A. Wapner, a well-known and respected Santa Cruz DUI lawyer, whose practice also includes drug offenses as well as gang-related crimes.