California Injury Attorney Blog

The world is Aging!!

The numbers of aged people needing full-time caring in nursing homes, residential care and long term care facilities is rapidly increasing. Caregiving is at a premium and there are not enough caregivers to adequately care for the elder population indicates California Nursing Home and Abuse Lawyer Steven Peck.

An increase in long term care facility residents, however, does not indispensably interpret in to an increase in the series of caregivers. Cases of nursing home abuse and neglect are on the rise. As a further result thereof there is a dramatic increase in lethal bedsores.

Bedsores -- additionally well known as "pressure sores" or "decubitus ulcers if they are left untreated, can become infected compromising the tissues and organs of the rest of the body.

Pressure points such as the hipbones, elbows, heels, ankles as well as the bottom of the spine, i.e. the coccyx area are at a major risk for bed sore development.

We must ensure that bedridden, stationary as well as incapacitated patients have been moved continually and that they receive and maintain proper nourishment. Additionally, dehydration will cause additional impairment to the body's healthy defenses, severely increasing the risk of bedsores.

We must watch what is going on!!

Continue reading "Our Aging Population Will Demand More Full Time Caregivers States Los Angeles Personal Injury and Accident Attorney Steven Peck" »

In oder to recover monetary compensation for a slip and fall injury, the slip and fall must have occurred as the direct result of the property owner's negligence says Los Angeles Personal Injury Lawyer Stevfen Peck.

There are a number of factors that determine if a property owner is negligent and a slip and Peck Law Group accident attorney will help you to come to that determination. A Peck Law Group slip and fall accident attorney is skilled in this type of tort lawsuit and will know how proceed with your case, if there is a case to proceed with at all.

If you are injured on someone's property you need to first consider your surroundings. Were you injured in someone's home? Were you in injured in a store? Were you injured in a government building? No matter where you were injured the extent of the injury is going to determine if you have a case at all. If you only have a bump or bruise then a lawsuit will not be taking place. However, if you have seriously injured yourself like an infection or a broken bone or worse, you could be a candidate for compensation. You will want to contact a slip and fall accident attorney as soon as possible. They will need to know the location of the accident to determine who is liable and also what the building codes are and what laws govern that property.

Before you consult a slip and fall accident attorney it is a good idea to gather some of your evidence. A Peck Law Group personal injury attorney will want to see hospitalizations bills and records, doctor's bills, doctor's recommendations, loss of wages and any evidence of future pain and suffering. This information will factor into how large a settlement you receive will be.If the slip and fall accident occurred due to some other hazard, such as damages to flooring or holes, then your attorney may want to return to the scene and take some photographs. The property owner will be forced by the court to allow evidence collection. He or she does not have a choice and if they stand in the way of justice it will reflect on them poorly during trial.

It is common knowledge that most slip and falls occur because of at least some fault from the injured party. Certainly the defense team will try and blame you for the accident. They will do anything to make the court see them as not liable. This is why a Peck Law Group slip and fall accident attorney is needed. They understand these defense tactics and have time, education and experience to prove your case for you.

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Catastrophic injuries include all types of injuries that occur suddenly and cause long-term or permanent injury. It is common for catastrophic injuries to damage the central nervous system, which may in turn damage other bodily systems. Examples of catastrophic injuries are accidental amputation or dismemberment injury, brain injury, eye injury, foot injury, multiple bone fractures, serious head trauma, severe burn injuries, and spinal cord injuries says Los Angeles Personal Injury Lawyer Steven Peck.

Catastrophic injuries like brain injuries and spinal cord injuries are serious, complex injuries that usually have long-term or life-long implications. Victims of catastrophic injuries will likely require long-term medical care, and may never be able to work again. In addition to the physical pain and emotional impact of catastrophic injuries, the financial consequences may be overwhelming. An injury claim can provide compensation for medical bills, lost wages and pain and suffering.

Continue reading "Types of Catastrophic and Serious Injury" »

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" »

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.

Continue reading "Lost Wages Are a Part of The Damages A Personal Injury Client is Entitled To Indicates California Accident Attorney 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.

Continue reading "Premises Liability Will Depend On The Defendant's Legal Duty To the Plaintiff Says San Diego 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 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.

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

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.

Continue reading "One Million Dollar Settlement Received For Premises Liaibility Accident says 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" »

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.

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

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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