Personal Injury

If you have been seriously injured because someone was negligent, you may be eligible for an amount of compensation. Our civil justice system and laws regarding injury rely on the concepts of accountability and prevention to achieve their goals. To enhance the safety of our community for residents and employees, this system serves two purposes: providing support to injured individuals and preventing dangerous actions from recurring.

What types of injuries qualify as injuries?

If someone’s negligence leads to harm to you or others around you, legally provided compensation is available.   The types of injuries involved in the cases we handle are many and include traumatic brain injuries or brain damage, paralysis, burns, fractures, amputations, spinal cord injuries, and orthopedic injuries, among others.

Personal injury lawsuits can involve injuries arising from a wide range of incidents; transportation accidents, including car accidents, tractor-trailer crashes, airplane accidents, tour bus crashes, boat accidents, personal watercraft accidents, and train derailments often cause these injuries.

Sometimes serious injuries are the result of dangerous premises, such as a slip or trip hazard at a restaurant, shopping mall, nightclub, or gas station or safety violations at a construction site.

Negligent or inadequate security at these establishments can also result in visitors being shot, stabbed, or beaten, resulting in severe or even fatal injuries.

These categories are the most common scenarios where people suffer harm due to negligence. There are many others.

How to know if you have a personal injury case

To determine if you have a viable personal injury case, you should speak with an experienced personal injury attorney, one with a track record of success, the experience, and the resources to take a case all the way to trial if necessary to achieve fair compensation.

Responsibility of establishments

When you find yourself in a restaurant, shopping mall, synagogue, resort, or business space—that is, when you are in a place other than your own home—you have a right to expect that you will be safe and that you will not come to harm. Premises liability is a category of personal injury that includes accidents and injuries that occur due to the negligence or dangerous conduct of the person or entity responsible for keeping these places safe.

Personal injury arising from criminal activity

The world we live in is far from perfect; bad people do bad things and commit crimes, and when those crimes can cause personal injury or even death, criminals are held accountable in a criminal court.

What many people don’t appreciate is that criminal courts aren’t the only ones that can be involved when someone is the victim of a violent crime. If the business or property owner where the crime occurred failed to provide adequate security, they can be held liable for the resulting damage in civil court.

As such, this category of personal injury cases often overlaps with premises liability. Here are some examples that would fall into this category:

• Injury or death from violent crimes.
• Assault and battery.
• Rights of crime victims.
• Atm robbery victims.
• Sexual assault

Personal injuries resulting from product failures

Sometimes, a person suffers damage to their own home or vehicle; the damage may be considered a personal injury when it occurs as a result of the negligence of a manufacturer who designed, built, marketed, and sold a dangerously defective product that caused the injury. Product failure cases in this category include:

• Design flaws.
• Manufacturing defects.
• Marketing defects.

Personal Injury Due to Negligence

The culpable modality of behaviour refers to the violation of an objective duty of care, which occurs in two specific situations, namely: (i) the active subject should have foreseen a foreseeable circumstance, or (ii) the active subject did foresee said situation, but underestimated it trusting that it would not cause any harm. In this order of ideas, article 120 of the criminal code (law 599 of 2000) establishes the crime of culpable personal injuries, indicating that whoever causes another person the injuries described in articles 112 and 119 of the criminal code will be imposed the respective penalty of the reduced criminal type of four-fifths (4/5) to three quarters (3/4).

Likewise, this rule establishes that when injuries are caused using motorized means or firearms, additional penalties may be imposed that prohibit the driving of motorized vehicles and the legal carrying of weapons in accordance with each case.

Taking into account the above, the list of injuries that can be committed negligently is the following:

• Personal injuries with incapacity to work (art. 111 and 112 cp)

• Deformity (art. 113 cp)

• Functional disturbance (art. 114 cp)

• Mental disturbance (art. 115 cp)

• Anatomical or functional loss of an organ or limb (art. 116 cp)

• Injuries with chemical agents, acid, and similar substances (art. 116a cp)

• I give birth to preterintentional abortion (art. 118).

At this point, it is essential to mention the unified punishment established in article 117 of the criminal code. Accordingly, if several of the previously described injuries co-occur, the penalty provided for the most serious one will be imposed. Likewise, article 119 of the criminal code establishes three events as causes of aggravation that increase the penalties, as follows:

1. The same aggravating circumstances as homicide (art. 103) that are enshrined in article 104 of the criminal code are assigned to negligent personal injuries; therefore, if any of these causes are present, the penalty will increase from one-third to one-half.
2. If the passive subject of the personal injuries is under 14 years of age or a woman assaulted due to her gender, the penalties assigned for each type of injury will be doubled.
3. Suppose the active subject of the injuries corresponds to a member of the public force or somebody who performs judicial police functions occasionally or permanently, carrying out legal or administrative procedures. In that case, the penalty will be increased by two-thirds.

Intentional personal injury

Next, intentional personal injuries can be found in the same articles 111 and 119 of the criminal code. It is essential to clarify that all criminal types are intentional unless the same criminal law assigns them the category of negligent or preterintentional. Intention refers to conscious and voluntary conduct to cause serious harm to another person. In this sense, direct intent refers to the complete coincidence between the will of the active subject of the crime and the result. In addition, intent can be:

1. Direct, which refers to the concordance between the will of the perpetrator of the crime and the harmful result.
2. Indirect, which occurs when a necessary result occurs that was foreseeable by the active subject. However, it does not correspond to the purpose that had been proposed.
3. Eventual, which refers to the cognitive aspect of the perpetrator of the criminal conduct, who knows that he can cause the result but does not care and continues to act.

More technically, deceit refers to the intention to carry out a behavior that is legally classified as a crime.

According to the above, the types of wilful personal injuries can be found between articles 111 and 119 of the criminal code. In other words, the criminal types of injuries seen in these provisions can be committed in the negligent or wilful mode of conduct, depending on the particular circumstances of each investigation or judicial process.

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Study Finds Hospital Stays May Result in Cognitive Problems for Seniors

If your loved one is in need of medical care, assisted living or memory care make sure to research all your options thoroughly before considering a hospital. San Diego has many thriving senior living options that can provide high level of medical care without needing to be hospitalized.

Senior citizens have a high likelihood of ending up in the hospital at some point, whether it is for a minor or major injury or illness, but the complications of such visits may extend beyond the merely physical. A Chicago-based study recently published results of 12 years of research that found hospital stays for adults over the age of 65 may result in a vastly increased rate of decline in cognitive and memory function.

According to a report by CBS News, the study, which followed 1,870 adults at least 65-years-old over the course of 12 years, found that those who were hospitalized at some point experienced double the decline in memory and cognition than they did prior to entering the hospital and compared to other subjects that were never hospitalized. The study involved researchers performing thinking and memory tests on subjects every three years and assigning scores based on their performance. Over the course of the study, 71 percent of the subjects were hospitalized at least once.

While scores decline as subjects grew older, decline rates quickly jumped after a hospital stay, with long-term memory declining three times faster and attention 1.5 times faster after the first hospital stay. The increased rate of decline was marked as similar to a person 10 years older. While the severity of injuries and treatment were taken into account in relation to cognitive function, only three percent ever entered a critical care unit. Researchers believe that those with mental problems may be more likely to be hospitalized in the first place, but also stated that cognitive function is the least considered factor in acute medical care, with hospital environments and care often worsening it.

Being injured or contracting an illness while in a hospital is a misfortune that can befall a person at any age, as medical errors can take many forms and result in many types of accidents. Before considering a hospital, ensure you have considered a skilled nursing facility that are here to help you throughout your journey to recovery. Whether it’s short-term or long-term rehab, around the clock licensed nursing care in a supportive environment is are available.

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Fatal Hit-And-Run Freeway Crash Kills Tow-Truck Operator

40-year-old Christopher Barton Tatro was killed in a tragic hit-and-run car collision that occurred on December 17, 2011, around 2 a.m. on 91 Freeway in Riverside. According to California Highway Patrol, Tatro was loading a disabled vehicle onto his flatbed truck on the side of the eastbound lanes of the freeway near Monroe Street when he was hit by a tan sedan, possibly a beige late-1990s Saturn.

The car veered from the number five lane into the left side of the tow truck and then struck Tatro. The collision threw Tatro about 60 feet into traffic lanes. He suffered massive injuries to his legs and torso.

Tatro was immediately transported to Riverside Community Hospital where he was later pronounced dead around 4:20 a.m.

From the available information, it appears that negligent and distracted driving of the sedan driver contributed to this serious multiple vehicle collision. If it is found that the sedan driver was driving inattentively, then he may be held liable for this accident. Also, this sedan driver has committed the felony of hit-and-run, which is a direct violation of California traffic law.

The victim’s family members should immediately seek counsel from an experienced Riverside County truck accident lawyer who would educate them about their legal rights. The victim’s family may file a wrongful death claim against the sedan driver to obtain compensation to cover funeral and burial costs, loss of anticipated earnings, loss of love, care and companionship, and other accident-related damages.
Our personal injury law office sends sincere condolences to the victim’s family and friends.…

Fatal Car Accident Kills Sun City Woman

41-year-old Crystal Stevens, of Sun City, was struck in a tragic pedestrian accident that occurred on December 15, 2011, around 11:30 p.m. on McCall Road near Sherman Road in Menifee. According to the Riverside County Sheriff-Coroner’s department, Stevens was walking on McCall Road when she was struck by a car.

Stevens suffered life-threatening injuries and was immediately transported to Inland Valley Regional Medical Center for treatment, where she was pronounced dead a day later.

From the present information, it appears that the reckless driving and irresponsible actions of the motorist led to this serious car wreck that claimed one life. If the motorist is determined to have been at fault in this case, then he could be held responsible for pedestrian’s wrongful death.

Meanwhile, the victim’s family members should consult with an experienced Riverside County pedestrian accident lawyer who would help them obtain timely compensation to cover funeral and burial costs, loss of future earnings, loss of love, care and companionship, and other accident-related damages.

Our personal injury law office sends sincere condolences to Stevens’ family members and friends.…

Helpful Personal Injury Case Information

Personal Injury Case Articles

• This Opinion Maybe the Most Important Decision for California Personal Injury Attorneys and Their Injured Clients!
  The Howell v. Hamilton Meats & Provisions, Inc. decision may be the most important decision for California personal injury attorneys and their injured clients. The California Court of Appeals reinstated the collateral source rule’s guarantee that plaintiffs are entitled to the full billed value of their medical bills and not the discounted payment from their private health insurance carrier. ssdi payment calculator – In this case, a San Diego, CA woman won her appeal to have $130,000 of her jury verdict reinstated after the Court discounted the verdict by the reductions obtained by her health insurance.
• The Third Appellate District Becomes the Latest Appellate Court to Uphold the Collateral Source Rule That Negligent Defenders Should Not Benefit from Injured People Who Have the Foresight to Purchase Health Insurance.
  The California Court of Appeals for the Third Appellate District recently ruled in King v. Willmett that the collateral source rule bars the reduction of jury verdicts based upon reduced amounts paid by the injured person’s health insurance company. The rule prevents the courts from rewarding negligent defendants from benefiting from the foresight of injured people who purchased and then used health insurance to pay for their medical care arising from an accident. This is a very important decision benefiting California injury victims. It overrules the argument made by insurance defense attorneys in the Nishihama and Haniff cases. Schedule a free consultation with an experienced disability attorney or representative in the Phoenix area, and all of Arizona. Call (888)939-4692 or via the web https://disabilityhelpgroup.org. We would be honored to answer your questions or represent your case.
• Get Out of Red Light Camera Tickets with This California Appellate Court Case–People v. Khaled
  In People v. Khaled, the California Court of Appeals ruled that the hearsay rule applies to photographs and videotapes used by police agencies to enforce red lights at intersections monitored by cameras. In order to substantiate the photographs, prosecutors must call witnesses who can lay a foundation for when, where, and how the photograph is taken in order for it to be introduced into evidence. Further, laying such a foundation is necessary to establish that the photograph was not altered by Photoshop or some other method.

San Diego Attorneys Join the Race for the Cure

On November 4, the San Diego chapter of the Susan G. Komen Foundation held a “Race for the Cure” event to raise money for breast cancer research, advocacy, and support. The legal team at the Law Group, which has 9 staff members, created a race team of over 50 participates to join in the fight against breast cancer – and we’re taking our support past the race itself.

From now until December 4, 2012, the Law Group will match any donations to the Komen Foundation, up to $1,000 total. You can make donations directly.…

Study Suggests Trauma Center Care May Reduce Long-Term Disability

Care at a specialized trauma center immediately after a serious accident may reduce the number or severity of permanent disabilities, according to a recent article in The Chicago Tribune.

The article examined studies performed in Australia and other countries on the death and disability rates of patients treated in various kinds of trauma center or emergency settings. The studies showed that patients treated at Level I trauma centers were 25 percent less likely to die after a serious accident than patients treated at other types of emergency or urgent care centers. Level I trauma centers are required to have a certain number of physicians on call at all times, specializing in various types of medical care often needed in the case of serious injury.

Another study examined the long-term disability outcomes of patients who were treated in systems that coordinated emergency care, long-term care, and government services. The study found that when services worked together, patients were better able to get the care they needed when they needed it – whether that was emergency care or rehabilitation and therapy during the healing process. Patients who had better access to needed care were able to make more complete recoveries from their injuries, and some even suffered no long-term disabilities.

Accidents of all kinds can cause serious injuries, with many often resulting in permanent disabilities or even death. If you or someone you love has been injured in a car crash, on-the-job incident, or similar accident, the knowledgeable disability attorneys at Disability Help Group in Arizona can help. Contact us today for a free, confidential consultation.…

Indio Pedestrian Fatally Struck by Motorcycle, then Car

44-year-old Brigitte Jasso was struck and killed in a severe pedestrian accident that occurred on January 26, 2012, around along the westbound lanes of Indio Boulevard. According to coroner’s officials, Jasso was first struck by a motorcyclist and then by a black Ford Taurus while crossing a major street in that city.

Jasso sustained scrapes, bruises, and some broken bones after the initial motorcycle accident moments later, a black Ford Taurus struck and fatally injured the victim.

From the present facts, it is unclear as to how this pedestrian accident occurred. Was the motorcyclist distracted? Did the car driver see her?

Did anyone ignore traffic signals? These and several other questions remains unanswered as yet.

At this time, the victim’s family members should immediately seek counsel from an experienced Riverside County car and motorcycle accident lawyer who would educate them about their legal rights. If negligent operation by any of the motorist caused this car accident, then he may be legally required to compensate the victim’s family for the cost of treatment, and other related damages.

The victim’s family members may file a wrongful death claim against the at-fault motorist to obtain compensation to cover funeral and burial costs, loss of love, care and companionship, and other accident-related damages.

Our law office sends sincere condolences to the victim’s family members.…

Pedestrian Struck in Lake Elsinore Car Accident

A woman was struck and injured in a severe pedestrian accident that took place on January 22, 2012, around 8:07 p.m. in Lake Elsinore. According to Riverside County sheriff’s officials, the pedestrian was crossing a major road when she got hit by a white sedan struck along the 32600 block of Mission Trail, about a half-mile north of Corydon Road.

Deputies found the woman lying in the street and immediately transported her to Inland Valley Medical Center for treatment. From the present facts, it is unclear as to how this pedestrian accident occurred. Was the motorist distracted? Or was he speeding?

At this time, the victim’s family members should immediately seek counsel from an experienced Riverside County car accident lawyer who would educate them about their legal rights. If negligent operation by the motorist caused this car accident, then he may be legally required to compensate the victim’s family for the cost of treatment, and other related damages.

Our personal injury law office hopes that the injuries suffered by the victim heal soon and do not prove serious.…