California Injury Attorney Blog

Serious injury and Catastrophic Injury is defined as "a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

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If a person is killed because of the wrongful conduct of a person or persons, the decedent's heirs and other beneficiaries may file a wrongful death action against those responsible for the decedent's death. This area of Tort Law is governed by statute. Wrongful death statutes vary from state to state, but in general they define who may sue for wrongful death and what, if any, limits may be applied to an award of damages.

An action for wrongful death may be brought for either an intentional or unintentional act that causes an injury that results in death. A blow to the head during an altercation that later results in death is an injury that is intentionally caused. The driver of an automobile who unintentionally causes the death of another in an accident may be held liable for Negligence. An individual who, in violation of local law, neglects to enclose a swimming pool in his yard can be held liable for the omission or failure to act if a child is attracted to the pool and subsequently drowns.

Wrongful death statutes do not apply to an unborn fetus, as an individual does not have a distinct legal status until he is born alive. If an infant is born alive and later dies as a result of an injury that occurred prior to birth, an action may be brought for wrongful death.

Who May Sue:
The individuals entitled to sue for wrongful death are enumerated in each state statute. Many statutes provide for recovery by a surviving spouse, next of kin, or children. Some states permit a surviving spouse to bring an action even in the event of a separation, but not if the surviving spouse was guilty of desertion or failure to provide support.

Ordinarily, children may bring suit for the wrongful death of their parents, and parents may sue for the wrongful death of their children. In some states, only minor children are allowed to sue for the death of a parent. Similarly, some state statutes preclude a parent from recovery for the death of an adult child who is financially independent or married.

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The types of damages that may be available to you in a wrongful death lawsuit include the following:

•Medical and funeral expenses connected to the death;
•Loss of the victim's expected earnings between the time of the death and the expected retirement or death;
•Loss of benefits like pension plans, medical coverage, and so on;
•Loss of inheritance;
•Damages for mental anguish or pain and suffering of the survivors;
•Loss of care, protection, nurturing, and companionship of the survivors;

In deciding on the amount of damages, the judge or jury will consider many things about the person who died, such as his earning history, his health, and his character. The last may include considerations of how he handled money, such as if he saved, if he gambled, or if he squandered money. The damage recovery may be less for a family whose provider gambled away half his income than for a family whose provider used all his income for family support.

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In most cases, Pressure Ulcers, Bed Sores also known as Decubitus Ulcers can be prevented. When they are present; complications can develop such as infections and prolonged hospital-stays. The patient's overall prognosis decreases and it may contribute to premature mortality. This is why healthcare professionals must thoroughly document pressure ulcer and bed sore assessments. Assessment forms and flow sheets will vary from facility to facility, but the information collected does not.

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A 21-year-old Studio City, California resident was killed in a two-vehicle car accident recently says California Personal Injury and Accident Lawyer Steven Peck.

According to reports, the County Highway Patrol's Office was dispatched to the report of a serious personal injury accident on U.S. 101 near Barham Boulevard.

The two-vehicle crash resulted in the wrongful death of the 21 year old.

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Brain injuries are one of the most traumatic injuries that a person can suffer. The lives of the victim and his or her family can be permanently changed in an instant. The victim may lose their job and may not be able to participate in the normal and every day activities. Family members often become caregivers for the rest of the victim's life. Approximately 1.4 million people in the United States suffer a traumatic brain injury every year, and 235,000 of those people require hospitalization. In many instances, these injuries are the result of someone else's negligent conduct, whether it is from an automobile accident or an intentional assault. If you or a loved one has suffered a brain injury caused by the negligence of another person, it is essential to retain a Peck Law Group personal injury attorney as soon as possible.

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The causes of spinal cord injuries are widely varied in type, and are widely varied in cause--motor vehicle accidents, water sports accidents and construction site accidents are just examples.

The spinal cord is a vital part of our bodies, allowing us to feel and move. If our spinal cords, or the protective vertebrae making up the spinal column, are damaged, our ability to feel and move may be damaged. Complete damage can result in paralysis and death. Do not settle for less than the compensation you deserve.

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It is critical. A thorough investigation must be performed to establish the fault of another. An investigation will include the examination of the scene and vehicles involved, and obtaining of statements from witnesses. Be sure that you do not move your vehicle after the accident. It will be a major part of the investigation.

Trucking companies will perform their own investigation immediately after the accident. It is important that you retain a lawyer who immediately investigates the case to evaluate liability and any potential at-fault defendants.

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Traumatic brain injury (TBI, also called intracranial injury) occurs when an external force traumatically injures the brain. TBI can be classified based on severity, mechanism (closed or penetrating head injury), or other features (e.g. occurring in a specific location or over a widespread area). Head injury usually refers to TBI, but is a broader category because it can involve damage to structures other than the brain, such as the scalp and skull.

TBI is a major cause of death and disability worldwide, especially in children and young adults. Causes include falls, vehicle accidents, and violence. Prevention measures include use of technology to protect those who are in accidents, such as seat belts and sports or motorcycle helmets, as well as efforts to reduce the number of accidents, such as safety education programs and enforcement of traffic laws.

Brain trauma can be caused by a direct impact or by acceleration alone. In addition to the damage caused at the moment of injury, brain trauma causes secondary injury, a variety of events that take place in the minutes and days following the injury. These processes, which include alterations in cerebral blood flow and the pressure within the skull, contribute substantially to the damage from the initial injury.

TBI can cause a host of physical, cognitive, emotional, and behavioral effects, and outcome can range from complete recovery to permanent disability or death. The 20th century has seen critical developments in diagnosis and treatment which have decreased death rates and improved outcome. These include imaging techniques such as computed tomography and magnetic resonance imaging. Depending on the injury, treatment required may be minimal or may include interventions such as medications and emergency surgery. Physical therapy, speech therapy, recreation therapy, and occupational therapy may be employed for rehabilitation.

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All personal injury lawsuits need to be filed with the court within a certain amount of time. This period of time is known as the statute of limitations. Each state has within its state's statutes, statutes of limitations, for various types of legal cases that provide a certain amount of time for a potential plaintiff to file a lawsuit in state court or be forever barred from filing a lawsuit on the basis of that claim. For that reason, it is important to seek the advice of a the Peck Law Group personal injury lawyers well before the statute of limitations is set to expire on your claim and to file a lawsuit before the statute of limitations bars you from doing so.

How Long is the Statute of Limitations in Personal Injury Cases?
The statute of limitations depends on both the type of personal injury case that you are bringing and the state court in which you are filing the claim. The majority of states have personal injury statutes of limitations in the 1-3 year range; (California Statute of Limitations for personal injury matters is two years pursuant to Code of Civil Procedure Section 335.1) however, some states have statutes of limitations that run as long as 4 -6 years. Many states have shorter statutes of limitations for the personal injuries of libel and slander. Some states also shorten the statute of limitations for wrongful death and medical malpractice cases. as against a health care providers (California Statute of Limitations one year pursuant to Code of Civil Procedure Section 340.5).

When Does the Statute of Limitations Begin?
In order to understand how long you have to file your lawsuit, you must understand when the statute of limitations begins. In most instances, the statute of limitations runs either from the date of the incident or from the date you knew or should have known that you suffered personal injuries from the incident.

Is the Statute of Limitations Ever Extended?
Most states extend the statute of limitations in certain circumstances. This is known as tolling the statute of limitations. If, for example, the injured party is a minor, the statute of limitations may not begin to run until the minor reaches the age of majority. The statute of limitations may also be tolled, or paused, if the defendant files bankruptcy.

What Happens if My Lawyer Misses the Statute of Limitations Deadline?
If you hired a lawyer before the expiration of the statute of limitations and you authorized the lawyer to file a lawsuit on your behalf then you may have a cause of action for legal malpractice against your lawyer if the lawyer failed to file the lawsuit before the expiration of the statute of limitations.
Statutes of limitations exist to provide certainty to possible defendants. Potential defendants can be secure that they will not be sued if the statute of limitations has run for a particular incident and they can move forward with their personal and business decisions without the uncertainty of the unknown expense of a potential lawsuit.

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Spinal cord injuries cause myelopathy or damage to nerve roots or myelinated fiber tracts that carry signals to and from the brain. Depending on its classification and severity, this type of traumatic injury could also damage the grey matter in the central part of the cord, causing segmental losses of interneurons and motorneurons. Spinal cord injury can occur from many causes, including:

* Trauma such as automobile crashes, falls, gunshots, diving accidents, war injuries, etc.
* Tumor such as meningiomas, ependymomas, astrocytomas, and metastatic cancer.
* Ischemia resulting from occlusion of spinal blood vessels, including dissecting aortic aneurysms, emboli, arteriosclerosis.
* Developmental disorders, such as spina bifida, meningomyolcoele, and others
* Neurodegenerative diseases, such as Friedreich's ataxia, spinocerebellar ataxia, etc.
* Demyelinative diseases, such as Multiple Sclerosis.
* Transverse myelitis, resulting from stroke, inflammation, or other causes.
* Vascular malformations, such as arteriovenous malformation (AVM), dural arteriovenous fistula (AVF), spinal hemangioma, cavernous angioma and aneurysm.

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