April 2011 Archives

April 30, 2011

Puttting a Value On Pain and Suffering In Personal Injury Cases May Depend On Many Factors States San Francisco Personal Injury and Accident Attorney Steven Peck

Putting a value on pain and suffering is probably the most difficult task for a jury in any injury case. There is no scientific formula and no chart or table juries, attorneys or insurance companies can look to. Every injury, every injured person, every accident and every case is different and deserves a thorough evaluation. Two people can have the same injury and one can suffer little while the other suffers a great deal; or one offers better proof than the other with more complete documentation or better witnesses; or they can be in two different parts of the country and get completely different settlements or awards indicates Los Angeles Personal Injury and Accident Attorney Steven Peck.

There are many, many factors that must be taken into account to determine how much money someone will get for their pain and suffering. Juries and insurance companies look at the credibility of the witnesses. Were the injured person's actions consistent with those of someone who was in pain? Were there any pre-existing injuries? Were they able to do what they normally do in their everyday lives, or were they forced to change or reduce their activities. What is their tolerance for pain in general? What do they do for a living? What is their marital status and family situation? How sympathetic a witness do they make? How skilled is their attorney at presenting their case? All these factors go into the evaluation of pain and suffering.

Continue reading "Puttting a Value On Pain and Suffering In Personal Injury Cases May Depend On Many Factors States San Francisco Personal Injury and Accident Attorney Steven Peck" »

April 29, 2011

Lost Wages Are a Part of The Damages A Personal Injury Client is Entitled To Indicates California Accident Attorney Steven Peck

Calculating lost wages can be very tricky or very easy, depending upon your situation says Van Nuys Personal Injury and Accident Lawyer Steven Peck.

Here's the easy kind. If you are injured and you have a 40-hour a week job, work no overtime, are off work for two weeks, and then go back full time, all the insurance company wants is documentation to support your claim and you should be paid for your loss. Suppose you are an office worker, and you make $40,000 a year, or $3167 a month. Your doctor tells you to take off two weeks, documents it with a signed authorization, your employer writes a letter to say how much money you lost, (about $1528), and your doctor documents when you may return to work. Your claim is for $1528--even if you used vacation or sick time. Some states only pay net wages, so they may ask for your pay stubs to calculate and deduct taxes. Most pay gross wages. But that's it. Even if your doctor tells you you may need a couple of more weeks off, it's easy to figure that out, too, and it's done the same way.

Here's the tricky kind. You were seriously injured and have missed about 3 months of work. It is estimated by your physician that you may miss about a year or more. It's possible that your employer may not hold your job, so at the end of the year, you may find yourself unemployed. How will the insurance company calculate your lost wages and loss of future earnings? With great difficulty! So it's up to you to document it all and prove your case. The amount you will not earn at your present job is easy to calculate--just like we did with the simpler case above. Put together the figures for what you have lost in the three months of work you've missed so far.

The company may or may not be willing to hold your job depending on a variety of economic factors. When future earnings are at stake, that's where the tricky part comes in. Even if the company is willing to hold the job for a year, such variables as promotions you would have gotten, inflation, corporate reorganization, layoffs, raises, and fringe benefits, all come into play. With the possibility that your job may not still be there when you are ready to return to work, you will also need to document the time it takes you to find a new job. Perhaps the new job won't pay as well. You'll need to document the difference in pay, but over how long? Until retirement? Or what if you were permanently disabled by the accident and you will never be able to go back to work? Your lost earning capacity (capacity to earn money in the future) will need to be addressed.

Often, should a case be this complicated, your attorney will hire an economic expert called a forensic economist to lay out the data for your future income and the proof of your future losses. Such an expert has experience handling these types of cases. They look at such factors as age, physical or mental impairments, employment history, job skills, education, employer evaluations, earnings history and economic lifestyle. The expert then constructs a profile of past and present economic facts to begin to formulate the value you will lose in future years, using life expectancy tables if you will never work again, earnings of others with your educational and experience levels in your occupation, inflation, social security and other benefits, plus other statistical data. The economist then explains it in as simple terms as possible to the jury or in a deposition (testimony under oath but not in court) to help the jury or insurance adjuster to understand the amount of the loss.

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April 28, 2011

Testing Positive For Cocaine and / or Marajuana May Have A Detrimental Effect On Your Personal Injury Case

As you are filling out a job application you will notice that some require you go to a lab to be tested. We are talking about types of drug test pre employment. The application will state that in order to be hired to work for that particular company, you must allow them to test you for drugs. You may also be tested any time they deem fit, for any reason. Additionally, if you are injured and found to have drugs in your system this might adversely effect your personal injury lawsuit says Los Angeles Personal Injury Attorney Steven Peck.

Many employers will choose the urine tests because it is not invasive in comparison to a blood test. Mostly they are looking for illegal drugs in your system. It is very important to make your personal injury attorney aware of any prescription drugs you are taking, as well as any over the counter drugs you take. Both prescription and over the counter drugs can make the lab result a false positive for illegal drugs.

The tests are specifically for weed and cocaine use. Along with amphetamines, which are known as speed or uppers. Works with other drugs as well. One urine test will detect all five of these drugs. This is lab test that most employers choose for their employees because it picks up so many illegal drugs in your system.

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April 26, 2011

Catastrophic Personal Injury Can Cause Devastating Physical and Emotional Pain Indicates Los Angeles Personal Injury Attorney Steven Peck

A catastrophic personal injury can cause an individual both tremendous physical and emotional pain. It may also devastate an individual's quality of life, and impair their ability to work at the same capacity as before. Many times the events that lead to these types of injuries are the direct result of another party's actions, or at times may be due to negligent failure to take action. The party that is responsible for the injuries is said to be "at-fault" and the injured party may sue for damages. Individuals who have been injured by the carelessness, or sometimes even intentional actions, of others may have a personal injury premises liability case indicates Los Angeles Personal Injury Attorney Steven Peck.

Negligence is the most common type of actionable conduct in a lawsuit for personal injury or wrongful death and is also the most common type of premises liability cases. The courts apply a legal standard to determine if the injury, death or damage was caused by another person's negligence. The critical issue in many personal injury premises liability cases is just how a "reasonable person" was expected to act in the particular situation that caused the injury. A person or company is negligent when they fail to act like the standard "ordinary reasonable person." The determination of whether a given person has met their "ordinary reasonable person" standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial. A person, in many premises liability cases, may just as easily be a company or corporation as a single person.

Property owners, especially businesses such as restaurants or shopping centers, have a legal responsibility to maintain their premises so that others are not injured by dangerous conditions. This can include anything from liquid spills on the floor, ice on a walkway, falling ceiling tiles or other even more serious permanent hazards. If an individual sustains a significant injury from a slip and fall incident, for example, the property owner may be sued under premises liability laws. Knowledge of, and intentional disregard for, the hazardous condition generally must be proven in order to establish liability. There are many possible circumstances that could cause an individual to incur a serious injury, and it is best to consult with an Peck Law Group attorney to determine if there is a claim for premises liability.

Damaged or hazardous sidewalks, poor outdoor lighting, weak locks, inadequate security and/or general poor building management endanger many premises liability victims. In addition people harmed by domestic animals may also bring personal injury lawsuits under premises and other local ordinances and laws.

However, an individual does not have to suffer an injury to bring about a premise liability lawsuit. Lawsuits may be brought if there is damage to a person's property from another's premises. There only needs to be consideration of whether the damage was the result of someone else's fault. The damages could occur by a defective or unexpectedly dangerous product or construction, and then compensation could possibly be recovered from the maker or seller of the product. It is not always necessary to show that the manufacturer was actually negligent.

Also, persons or companies engaging in the use of explosives, who are improperly storing dangerous substances, or who are performing questionable activities can be strictly liable for harm caused to others as a result of such activities. The theory behind imposing strict liability on those conducting these activities is that the activities pose an undue risk of harm to members of the community. Thus, an individual who conducts these types of activities does so at their own risk. They are liable when anything wrong happens and/or a person or something is harmed. These liability laws have been designed to ensure that the people who create certain risks are made accountable.

If a person or company is found liable for premises related injury or damage then the responsible parties liability insurance company is compelled to pay the injured party for: medical care and related expenses; income lost because of the accident; permanent physical disability or disfigurement; loss of family, social and educational experiences; emotional damages, such as stress, embarrassment, depression or strains on family relationships; and/or any damaged property. This same liability insurance must also pay for physical damages that may have been caused to any "real" property. These "damages," are financial funds intended to restore the victim or the property to the position they were in before the injury or damage was sustained.

Every state has certain time limits, called "statutes of limitations," which govern the amount of time a person has to file a personal injury lawsuit, including those for premises liabilities. If the deadline for filing a case is missed then the claim(s) can be dismissed. Consequently, it is important to speak with an Peck Law Grouppersonal injury attorney toll free at 1.866.999.9086 as soon as this type of injury or any damages occur.

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April 25, 2011

Premises Liability Will Depend On The Defendant's Legal Duty To the Plaintiff Says San Diego Personal Injury Lawyer Steven Peck

Premises liability law involves legal responsibility ("liability") of a land or property owner in injuries or other damages suffered by persons present on the premises.

Was the Plaintiff an Invitee, Licensee or Trespasser?

Premises law is predicated on the ligitant's presence on the premises in question. This litigant is called the "plaintiff" in legal terms. The property or premises owner is called the defendant for purposes of the premises liability law suit he property ownert is always a defendant, the plaintiff is not always a plaintiff in premises law. Depending on the defendant's legal duty to the plaintiff, the plaintiff is commonly titled in three different ways indicates Los Angeles Personal Injury Attorney Steven Peck :

Licensee: A licensee was invited by the defendant to remain on or enter the premises in question for any non-commercial purpose. For example, a guest at a party is a licensee.

The owner of a premises is legally responsible for the damage incurred to a licensee if all three of the following circumstances are met:

•The defendant knew or should have known that a dangerous or damaging condition on the premises existed which involved an unreasonable risk of licensee harm, and did not have a reasonable expectation that the licensee would realize that danger to him/herself;
•The licensee did not know, could not have known, or did not have reason to know or realize that the condition and its associated risk(s) existed; and
•The owner did not exercise reasonable care in either rectifying the unsafe condition, or notifying the licensee of the condition and its associated risk(s).

Invitee: An invitee is invited to remain on or enter the premises in question for commercial purposes, that is, for the defendant's personal gain or for a reason indirectly connected to the defendant's business or commercial dealings. For example, a patron of a business, such as a customer at a restaurant, is an invitee. A defendant owes his most stringent duty of care to an invitee as follows:

•The defendant has an obligation to protect or warn an invitee about his or her risks while on the premises if the risk is both unreasonable and the defendant realizes this.
•In addition, the defendant may be obligated to periodically inspect the premises for hazards or dangers, such as a routine safety inspection in a store with high shelving.

Trespasser: A trespasser goes on the premises in question without permission of the defendant, not while performing any duty in relation to the premises owner. Defendants typically have no duty or limited duties to warn a trespasser of conditions or dangers that exist on the premises in question. However, a defendant premises owner may be obligated to exercise reasonable or ordinary care in warning a trespasser if he or she is aware that the trespasser is present on the property in question.

What About Contractors or Management Companies?Non-Delegable Duties: It is typical for the duties of a premises owner to be non-delegable. That is, the presence of a contractor on the premises does not release the defendant from his or her liability in relation to that premises. For example, an apartment owner retains premises liability for that building, even if a management company or janitorial service actually does the repairs at the property.

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April 23, 2011

Car and Trucking Accidents Cause Serious Personal Injury In Construction Zones

There are many reasons why car and trucking accidents cause serious and catastrophic injury in construction areas says California Personal Injury Lawyer Steven Peck.

Speeding

One of the most common culprits in car accidents and highway construction is speeding, which can lead to losing control of one's vehicle and rear ending the cars in front of you. Although speed limits are almost always reduced around construction sites, many people continue to blaze through complicated road construction projects at normal highway speed. To discourage speeding in and around construction sites, many states have now passed laws doubling fines in work areas.

Failing To Obey Posted Instructions

Some drivers are either so impatient, or so impaired by alcohol or other substances, that they don't pay attention to special traffic signals or even road closures around construction areas. The result can be crashes with oncoming cars, accidents that occur when a driver crashes into a boarded off area, or accidents that occur when a driver runs his or her car off the road.

Not Paying Attention to Workers

Not paying attention to workers is another reason for car accidents in highway construction zones. We've all seen construction workers at road work sites. Workers doing manual labor are not always immediately visible and are vulnerable to being struck by drivers who are going too fast or who simply aren't focusing on the environment around them. To protect construction workers, many states have enacted laws mandating stiff fines and even jail time for anyone who hits a worker.

Merging Issues

Merging when construction narrows a highway can become a matter of manners--or lack thereof. Some drivers merge as soon as they see signs that the highway will be narrowing. Others drive as fast as they can to the point where the lane is actually blocked, and then expect other drivers to let them in. Merging without paying attention to what the cars in front of and behind you are doing can lead to car accidents caused by construction.

Statistics show that most car accidents caused by construction occur at the beginning of construction areas, when drivers may be trying to merge, driving too fast, or simply not giving complex construction their full attention. You can avoid being in car accidents caused by construction by lowering your vehicle's speed, obeying any special signals or directions, watching out for construction workers, and merging courteously.

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April 22, 2011

Truck Accidents May Result In Serious Personal Injury Says Los Angeles Accident Lawyer Steven Peck

Vehicle accidents often result in serious, life altering injuries. The Peck Law Group has the resources and experience to pursue compensation for expenses and damages sustained as a result of a catastrophic trucking accident leading to serious personal injury,

We have over lawyers and office locations throughout the State of California, and our legal team is ready to assist you in handling the complicated legal aspects of a truck accident lawsuit. We are familiar with the laws regulating the trucking industry and can work to ensure that you receive the justice you deserve.

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April 19, 2011

The Peck Law Group Will Help You Become Compensated For Your Premises Liability Personal Injury Claims

Premises liability is a term used to describe the legal responsibility that a landowner and occupiers of a property have for injuries and accidents that occur on their property says Los Angeles Personal Injury Lawyer Steven Peck.

Premises liability claims can be filed for a variety of reasons. For example, slip and fall claims are common. In addition claims may be filed for injuries that are result equipment that is used on the property. Also injuries that may be a result of another person's actions on the property may be the responsibility of a property owner, especially if the owner fails to provide adequate security on the property.

Other types of incidences can also incur injuries; they can come from falling objects, a broken sidewalk, and improper signage to name a few. When determining liability on the part of the owner, several factors are taken in to account. One key factor for determining premises liability is the legal status of the visitor. Status is generally broken down into four categories. The visitor is one of the following; invitee, social guest, licensee, or a trespasser. Status is important when assessing a premises liability claim because a trespasser is unlikely to be compensated for a premises liability case.

Other factors considered when evaluating premises liability is whether or not an owner has made reasonable effort to provide for the safety of his or her guests. When determining liability reasonable effort on the behalf of the owner will be examined by answering some of these questions; have obstacles and hazards been cleaned up in a reasonable manner, or have guests been adequately warned that a hazard exists?

Further you may have to establish whether or not the owner knew a hazard existed and then failed to remedy the situation. For example, if a sidewalk has been broken for an extended period, and you trip and fall on it, then the property owner is likely to be held responsible. On the other hand if you spill something and slip on it, before the owner has time to act, the case may be more difficult to make regarding owner liability.

When considering filing a premises liability claim action should be taken in a timely manner. The first reason why this is important is that you want to protect and preserve vital evidence on the case. Secondly there may be statues of limitations that limit the time you have to file a claim after an injury has occurred. If you have reason to believe the negligence of a property owner has contributed to an injury you've sustained, then speaking to a premises liability lawyer should be a priority. Premises liabilities cases will often allow damages based on pain and suffering, lost wages and medical expenses. Further premises liability may also compensate the surviving family members in the event of death as a result of qualifying injuries.

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April 16, 2011

Serious Personal Injury Accident Causes a Man to Fall From a Rooftop

A man suffered serious personal injury after falling from a roof while fitting a chimney flue liner says Los Angeles Personal Injury lawyer Steven Peck of the Peck Law Group.

He had used a ladder to go up to the roof and then put up a roof ladder to get up closer to the chimney. However, when he stepped onto this second ladder, it gave way and he fell 22 feet to the ground below.

The man suffered serious personal injury in the fall, including a broken back. He was in hospital for 15 days trying to recover from his injuries, but will continue to be affected by its events through out the rest of his life.

It was discovered that the roof ladder gave way as there was a dormer extension on the other side of the roof, and hence this stopped it from hooking over the ridge correctly. The man had not been informed that there was a dormer extension on the other side of the property.

The accident was investigated by the Health and Safety Executive and they discovered that the company had failed to assess the risks of the job correctly, and failed to provide proper equipment for the workers. Worryingly, while the man was rushed to hospital, the firm still carried out the job using the same unsafe portable ladder system.

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April 15, 2011

One Million Dollar Settlement Received For Premises Liaibility Accident says California Personal Injury Lawyer Steven Peck

A recently secured $1 million out-of-court settlement for an individual who was rendered an incomplete quadriplegic following a fall down a defective stairway.

the individual while visiting a friend's home, an active 54-year-old woman fell down a steep, poorly lit stairway onto a cement basement floor. She was catastrophically injured, breaking her neck and sustaining serious injuries to her spinal cord and knee. Doctors diagnosed her as an incomplete quadriplegic, meaning that she still had some movement and sensation in the nerves below her damaged spinal cord.

Following the accident, the injured woman immediately underwent surgery to stabilize her spine. In the last eight months she has undergone extensive rehabilitation and physical therapy, and has gradually begun to walk again, with assistance. But many of her injuries remain severe and permanent, and she will require ongoing care.

Using an expert engineer to examine the accident site, the attorneys were able to provide information to the homeowner's insurance company establishing that the stairway was defective and unsafe, lacking handrails and adequate lighting. The insurance company agreed to settle out of court, for the maximum amount of the policy's limits -- $1 million.

The settlement reached was the maximum amount obtainable under the homeowner's insurance policy.

The Peck Law Group protects the rights of catastrophically injured individuals and represents families throughout California who have lost a loved one due to the negligence of others. The Peck Law Group has helped injured clients recover damages in cases involving commercial truck and semi accidents, car and motorcycle accidents, medical malpractice, nursing home abuse and neglect, wrongful death and injuries resulting from defective products and other personal injury claims.

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April 14, 2011

Compensation for Premises Liability Accidents Could Revolve Around the Status of the Injured Indicates California Personal Injury Lawyer Steven Peck

Premises liability is a term used to describe the legal responsibility that a landowner and occupiers of a property have for injuries and accidents that occur on their property. Premises liability claims can be filed for a variety of reasons. For example, slip and fall claims are common. In addition claims may be filed for injuries that are result equipment that is used on the property. Also injuries that may be a result of another person's actions on the property may be the responsibility of a property owner, especially if the owner fails to provide adequate security on the property.

Other types of incidences can also incur injuries; they can come from falling objects, a broken sidewalk, and improper signage to name a few. When determining liability on the part of the owner, several factors are taken in to account. One key factor for determining premises liability is the legal status of the visitor. Status is generally broken down into four categories. The visitor is one of the following; invitee, social guest, licensee, or a trespasser. Status is important when assessing a premises liability claim because a trespasser is unlikely to be compensated for a premises liability case says Los Angeles Personal Injury Attorney Steven Peck.

Other factors considered when evaluating premises liability is whether or not an owner has made reasonable effort to provide for the safety of his or her guests. When determining liability reasonable effort on the behalf of the owner will be examined by answering some of these questions; have obstacles and hazards been cleaned up in a reasonable manner, or have guests been adequately warned that a hazard exists? Further you may have to establish whether or not the owner knew a hazard existed and then failed to remedy the situation. For example, if a sidewalk has been broken for an extended period, and you trip and fall on it, then the property owner is likely to be held responsible. On the other hand if you spill something and slip on it, before the owner has time to act, the case may be more difficult to make regarding owner liability.

When considering filing a premises liability claim action should be taken in a timely manner. The first reason why this is important is that you want to protect and preserve vital evidence on the case. Secondly there may be statues of limitations that limit the time you have to file a claim after an injury has occurred. If you have reason to believe the negligence of a property owner has contributed to an injury you've sustained, then speaking to a Peck Law Group lawyer should be a priority. Premises liabilities cases will often allow damages based on pain and suffering, lost wages and medical expenses. Further premises liability may also compensate the surviving family members in the event of death as a result of qualifying injuries.

Continue reading "Compensation for Premises Liability Accidents Could Revolve Around the Status of the Injured Indicates California Personal Injury Lawyer Steven Peck" »

April 13, 2011

Catastrophic and Serious Injury Causes Permanent Disability and Pain and Suffering

When someone suffers from a catastrophic and serious injury they will likely suffer from a permanent disability associated with that injury. Having an injury that you are not expected to recover from is life altering, regardless of the nature of the injury. It is likely that if you have suffered from some form of catastrophic injury such as paralysis that you will have to undergo intensive, perhaps daily, therapy and that you may have to find new ways of doing basic things.

There is a range of injuries that can be described as catastrophic including paralysis, brain injuries, amputations, back and neck injuries and organ damage. All of these types of injuries result in some form of permanent damage to the body.

If you have suffered from paralysis, a brain, back or neck injury or had a limb amputated the Peck Law Group can help you immediately says Los Angeles Personal Injury Attorney Steven Peck.

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April 12, 2011

Car Accidents Are Occurring More Often As a Result of Road Rage says Los Angeles Personal Injury Attorney Steven Peck

Over the last several years, incidents of road rage have been gradually increasing. Sometimes these incidents even result in personal injury or property damage. When you are a victim, you will probably wonder, "Can I sue the other driver, who assaulted me in a road rage incident?" Assuming that you can identify the person who actually assaulted you, you may be able to sue the driver for any personal injuries or property damage to your vehicle, in addition to potential criminal charges says California Personal Injury and Accident Attorney Steven Peck.

Assault and battery are both intentional acts. Assault is reasonable apprehension of an immediate battery. This means the other person threatened to hit you or did something which placed you in reasonable apprehension of being struck by the other party. "Battery" is the harmful or offensive touching of another person without consent or privilege. If the other party struck you, this would constitute harmful or offensive touching to establish liability for battery. Harmful or offensive physical contact with the person or with something near the person would establish liability for battery. Examples of battery include:

•The other driver started hitting your car with his car;
•The other driver gets out and starts pounding on your car, while you are in or near the car;
•After driving you off the road, the other driver gets out of his car and strikes you.
Any of these examples may be considered sufficient harmful or offensive contact for the other driver to be liable for battery. It would also be sufficient to establish liability for assault because you were placed in reasonable apprehension of an immediate battery in that the other party's actions indicate that he may hit you.

If you were injured in this road rage incident, when you finish your medical treatment and are released by the doctor, obtain your medical bills and medical reports. The medical bills, any wage loss due to your injuries and the medical reports will support your claim for damages (the amount of compensation you are seeking in your lawsuit). The medical reports will document the nature and extent of your injuries. Since assault and battery are intentional acts, in addition to compensatory damages for your injuries, you could also seek punitive damages against the other driver in the road rage incident. Punitive damages are amounts to punish the other party for intentional, malicious acts that caused your injuries.

Assault and battery are both civil and criminal matters. In addition to your civil suit and filing an insurance claim, you should contact the police and/or the district attorney's office to pursue criminal charges against the driver in the road rage incident. If there were witnesses to this road rage incident, their testimony will provide additional evidence supporting both your civil and criminal cases. It will be easier to establish liability in your civil case as opposed to the criminal case because a lesser burden of proof is required in a civil case. In a civil case, proof is established by a preponderance of the evidence, which means that the evidence establishes that it is more likely than not that the incident occurred while in a criminal case; guilt has to be established beyond a reasonable doubt--a much higher standard than in a civil case. Your damages are also more limited in a criminal case. Most states only allow prosecuting attorneys to collect actual damages, not punitive damages. Also keep in mind that the prosecuting attorney represents the county or state, they do not represent you personally. Even if a criminal charge is pending, you should still consult a private attorney to explore all of your options and remedies as a victim of road rage.


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April 11, 2011

Accident Liability Can Be Determined by Fault

If you or a loved one was in an accident, one of the main things you will need to establish is who was at fault for the accident says Los Angeles Personal Injury Lawyer Steven Peck.

The degree of fault for each party involved in the accident is THE most critical element in any accident claim. This determination will vary depending the state you are in and that state's laws on negligence. The degree of negligence of each part in an accident will determine who was at fault and who will be responsible for any accident injuries or wrongful death claims.

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April 8, 2011

Broken Neck Can lead To Serious Personal Injury and Complications Says Los Angeles Personal Injury Lawyer Steven Peck

When an injury occurs in the neck area of the spine, and the individual vertabrae become fractured or dislocated, the neck can be described as broken says California Personal Injury Lawyer Steven Peck.

The neck area of the spine is refered to as the cervical area. Cervical vertebrae (neck bones) are the top 7 bones in the spinal column. These top 7 bones form the top part of our "backbone" and they also serve to protect the spinal cord from injury. If the vertebrae are broken or severely dislocated, but the spinal cord is unharmed, then no neurological problems result. People with this type of injury are treated very carefully while the bones heal to avoid damage to the spinal cord.

If the spinal cord is bruised or partially damaged due to swelling or laceration, then quadriplegia or other neurological problems may occur. If the spinal cord is severely injured and this injury is at or above the fifth cervical vertebra (C5), then breathing may be effected and the person may die from asphyxiation. In order to help someone breath, a hole is cut into the windpipe (trachea), and a tube inserted which is connected to a ventilator to supply the lungs with oxygen.

The portion of the cord that controls breathing via the diaphram is about C3 through C5. If the damage is below C6, then paralysis may occur, but breathing would be left intact although at a reduced capacity.

However, if the cord is severely injured or transected (cut or torn in half), there is sudden loss of nerve supply to the entire body, including the heart and blood vessels. The victim may suffer a sudden and profound drop in blood pressure (BP) This is called "spinal shock."

If you think someone could possibly have a spinal injury, DO NOT move the injured person even a little bit, unless it is absolutely necessary (like getting someone out of a burning car).

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April 7, 2011

The Peck Law Group Will Get You the Personal Injury Compensation You Deserve

If you have suffered a personal injury due to an accident that wasn't your fault, you may be entitled to compensation.

'No win, No Fee' entitles you to make a claim for compensation that bares no obligation. Win or lose, you don't have to pay a penny. If you claim is accepted, you will receive compensation.

With that in mind, here are 8 justifications for contacting a Peck Law Group Personal Injury claim Lawyer toll free at 1.866.999.9085.

1. Financial Loss

Personal injuries can often lead to a loss of earnings. Perhaps you had to take time of work for several weeks or month and subsequently suffered a considerable about of financial loss, or missed out on bonuses you were on target for. Either way, a Peck Law Group Lawyer will take all of this into consideration and will be able to compensate you for any financial loss you have suffered due to personal injury.

2. Daily Lifestyle

If your personal injury has affected your day-to-day lifestyle, perhaps your injury has caused you to be unable to drive, do the housework, or affected your sleep pattern, a Peck Law Group Lawyer will take all of this into consideration when pursuing your claim for compensation.

3. Long Term Disability

If the impacts of the personal injury are long term, causing anything from disability requiring medical treatment, care at home or caused any permanent disfigurement, you could be entitled to a large pay-out.

4. Psychological Trauma

If the accident has left you with psychological trauma, you may be entitled to claim for compensation to help you deal with the issues you're facing.

5. Medical Expenses

Personal injury can also cost a considerable amount of money, particularly if you have suffered a severe injury. Some injuries also require ongoing physiotherapy, which can be expensive and disruptive to your life. A personal injury may also be able to recover any medical costs that you have had to pay out of your own pockets.

6. Personal Possessions

Sometimes, possessions will be damaged through an accident that was no fault of your own. These will also be taken into consideration and may be compensated for so that you can replace them.

7. Quality Of Life

Significant health problems, such as a spinal or brain injury, may make it impossible or very difficult to work in the future, making it difficult for you to achieve a good standard of living. Your Peck Law Group Lawyer will ensure that you receive the maximum amount of compensation that you are entitled to by law to contribute towards improving your quality of life.

8. Family

If the accident has led to someone's death, the bereaved may be entitled to claim compensation and also take legal action against those responsible for Wrongful Death.


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April 6, 2011

Fracture of the Bone or Bones in the Neck Can Cause Paralysis says California Personal Injury Attorney Steven Peck

The most serious of neck injuries is a fracture of a bone or bones in the neck. A fracture of the neck means that a bone (vertebra) of the neck is broken. A fracture can cause the body to be paralyzed from the neck down if the broken bone injures the spinal cord indicates Los Angeles Personal Injury Attorney Steven Peck.

A high-energy force or impact (like a motor vehicle crash, fall, or sports activity) can break bones in the neck. Examples of sports activities that can cause a broken neck include a football player who spears an opponent with his head, a gymnast who misses the high bar during a release and hits the mat head first, and a diver who hits the bottom of a pool head on. A fractured bone in the neck can cause severe pain, numbness and tingling, or complete paralysis. The injured person may also be unconscious.

Treatment of a fractured neck depends on the injury. A compression fracture, with the bones pushed into each other, can sometimes be treated with a cervical collar for 6 to 8 weeks. A more serious fracture may need traction, surgery, or a rigid frame to keep the neck from moving.

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April 5, 2011

Life Span of Paraplegic Is Often Shortened Due to Impaired Immunity System

The life span of a person who has been rendered paraplegic is often shortened due to an impaired immunity system that leaves the quadriplegic victim more susceptible to infections and diseases. For instance, pneumonia is a leading cause of death among paraplegic persons. Infections from bedsores ("decubitus ulcers") are common in paraplegics, and are caused by sitting or lying in one position too long. This is why it is crucial that a paraplegic change his or her position regularly to prevent the development of bedsores. Untreated bedsores can result in deadly infections says Los Angeles Personal Injury Attorney Steven C. Peck.

Besides the serious physical injuries, a person who suddenly and unexpectedly gets into an accident that causes him or her to become a paraplegic, the mental and emotional side of the injury must also be considered. The victim may go into despair and grieve for the loss of use of his or her lower limbs. The victim may become depressed, withdrawn, hopeless, even suicidal. The mental health aspects of becoming a paraplegic can be serious and require appropriate psychotherapy and even psychoactive medications.

The Peck Law Group has the experience necessary in representing clients who have been rendered paraplegic due to the careless conduct ("negligence") of another person, a company, or a defective product. We understand the physical, financial, and emotional toll paraplegia takes on the injured victim and his or her family. We will work hard on your behalf to get you the maximum recovery possible to help you to adjust to your new living requirements. Call now and talk to a lawyer free - 818.908.0509 or Toll Free: 866-999-9085. We Will Help You!!!

April 2, 2011

Contact the Peck Law Group To Receive Adequate Compensation for All Your Personal Injury Claims

When you are involved in an accident that results in injury to you, whether it be from a car accident or a slip and fall on another person's property, your first step in making a claim for your injuries always starts with an insurance company. It is not uncommon for an insurance company to contact you rather quickly following an accident in which you were involved. If you don't hear from the insurance company right away, you should make contact with the person who caused your injuries, and/or the appropriate insurance company in order to let them know that you are making a claim for your injuries says Los Angeles Personal Injury Lawyer Steven Peck.

An insurance company is initially represented by a claims adjuster, or a person who is responsible for processing and handling your claim. You must always remember, however, that the claims adjustor is not representing your interests, but is representing the insurance company. In other words, the goal of the claims adjustor is keep costs as low as possible for the insurance company, whereas your goal is to get the best settlement possible for your claim.

You'll also want to remember that you should not give detailed information to the claims adjustor about the accident or your injuries. If you give the claims adjustor these details, you might adversely affect your ability to get resolution of a claim. For instance, if you tell the claims adjustor a detail that puts you at fault for the accident, the insurance company then may not be willing to settle your claim at all. Contact The Peck Law Group before ever talking to an insurance adjuster.

With that said, there is no reason not to speak with a claims adjustor, particularly if you have suffered only minor injuries and/or damages. The claims adjustor typically will want copies of any medical bills related to your injuries, as well as estimates to repair any damages, such as damages to your vehicle in the case of a car accident.

At some point, the claims adjustor may offer you a settlement. Once you accept a settlement offer in writing, you must also sign a legal document that releases the person who caused your injuries, as well as his or her insurance company, from all further claims related to your accident. This means that once you have settled your claim, you can't go back later and claim more medical expenses or damages arising from the accident. Therefore, if you think you will have future medical expenses as a result of the accident, then you should probably wait before settling your claim and contact the Peck Law Group. We will Help You!!!

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April 1, 2011

Personal Injury Lawyers From The Peck Law Group Will Get You The Financial Compensation You Deserve

You never know when or where an accident will happen or what the consequences are going to be, depending on how serious it was it could involve 6 weeks for broken bones to heal or a complete change in lifestyle for a year or so. You might find that routine daily tasks previously carried out without a thought might now be impossible to cope with alone, and have to rely on family or friends to help you out.

Accidents can just as easily happen at home or work as on the road, but when they do you're more than likely going to need some kind of help whether it's money to pay expensive doctor's bills, physical therapy once you have recovered, or assistance with living expenses until you are fit enough to return to work.

Whiplash is a common injury suffered by thousands of people in the United States every week, caused when a vehicle suddenly brakes and the unexpected force makes your head jerk backwards or sideways, followed by a reflect contraction in the opposite direction. It can result in injury to the neck that can also affect the bones, discs, muscles, nerves or tendons in the neck and back. Although some whiplash injuries can cause permanent problems, generally most people improve between 6 to 9 months after the accident says California Personal Injury Lawyer Steven Peck.

Broken slab stones and uneven pavements are another common cause of accidents people have every day, if you trip over a broken curb because of poor maintenance or slip on wet flooring that hasn't been safely cordoned off which has resulted in an injury then you might be able to make a claim to help tide you over until you are well enough to return to work.

It's important to take precautions that protect you and your family should anything happen that could prevent you from working for a period of time, you really should have a personal insurance policy to protect against injury that offers adequate cover for your needs. If you do suffer an injury caused by the negligence of someone else you are eligible to make a personal injury compensation claim indicates Los Angeles Serious Injury Attorney Steven Peck.

Coping after you have had an accident can be stressful enough but knowing what to do in terms of claiming compensation isn't something many of us are knowledgeable about. There are lots of online legal companies with experienced legal and financial experts who offer quick, precise, and reliable advice.

Peck Law Group Personal Injury Lawyers have vast experience in compensation claims from accidents that have happened at home, work, school, or just while being out and about. Whether you have suffered a slight case of whiplash or a head injury, a broken leg or a spinal cord injury The Peck Law Group has specialist lawyers who can act on your behalf.

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