My Passenger And I Were Injured When My Car Was Hit. What Is My Remedy?

DOUBLE PASSENGER CAR COLLISION CASE ANALYSIS

FACTS OF THE CASE:

Plaintiff was driving along with Plaintiff number 2 as a passenger in a  BMW and going southbound on an avenue. Defendant was driving her  Volvo, exited a private driveway on the avenue and darted into the number one lane, causing a collision between the two cars. Both the driver and passenger airbags deployed. Defendant was in violation of Vehicle Code Section 21804 – Failure to yield the right-of-way when driver enters a highway from any public or private property. Both Plaintiffs were injured in this accident and immediately sought treatment in the emergency room as outlined below.

accident

Defendant darted into traffic from a private driveway striking Plaintiff’s vehicle and solely caused this accident in violation of Vehicle Code section 21804.

NATURE AND EXTENT OF DAMAGES

Plaintiff suffered trauma to her wrist, hand and fingers, chest, neck, shoulders, back, knees, and leg. Plaintiff also had complaints of headaches, dizziness and insomnia as a result of this collision. Plaintiff went to the hospital emergency room immediately following the accident. Her main complaint at the time was severe right arm pain. After being discharged from the hospital, Plaintiff took her prescribed medication and slept until the next day. When Plaintiff woke up she was in extreme pain and decided to go back to the hospital.

At the next hospital visit, Plaintiff decided to go to the emergency department where a splint was applied and additional medication was supplied. Plaintiff was advised to follow up with an Orthopedic Specialist. Plaintiff went to the doctor and initiated a course of multi-modality physiotherapy concsisting of ultrasound, traction, myofacial release, paraffin, hot packs, electric stimulation and therapeutic exercises. The therapy provided temporary relief for some of Plaintiff’s injuries.

Plaintiff number 2 sustained injuries to her lip, chin, arm, shoulders, elbow, neck, back and thighs. Immediately after the accident Plaintiff number 2 sought treatment at the emergency room. A splint was applied to Plaintiff’s right arm and medication was prescribed for the pain. Plaintiff was then discharged.

doctor pic

The next day Plaintiff woke up with severe right arm pain that was radiating from the elbow down to the wrist as well as up towards the shoulder. Plaintiff went to the hospital for  re-evaluation. X-rays were taken and a sling was applied to ease Plaintiff’s pain.

CONCLUSION:

THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

I Slipped And Fell. What Are My Rights?

SLIP AND FALL CASE ANALYSIS

FACTS OF THE CASE:

Plaintiff is a resident at Defendant’s apartment complex. Plaintiff was walking from the street to his apartment building and tripped in the common area of said property. Plaintiff’s aunt (Defendant is the only on-site manager of the apartment building. The lighting was very poor due to light bulbs that were supposed to illuminate the area were not functioning. Plaintiff tripped and fell on a step on the walkway which resulted in severe injuries.

Slip and Fall Pic

 LIABILITY:

Plaintiff testified in his deposition that he had asked Defendant on several occasions prior to the fall to have the lighting fixed. Due to the poor lighting, Plaintiff’s foot clipped the step and resulted in his fall. Defendant was on notice that the lighting was poor but failed to maintain the premises in a safe condition and never corrected the lighting problem. Not until a day after the fall did the Defendant’s children come to the premises to repair the problem.

In addition to the poorly lit condition, the location of the fall was wet due to sprinklers adjacent to the step. Also, the walkway where the accident occurred did not have railings installed and in order to walk up the stairs, Plaintiff had to make a sharp right turn in the dark.

Judicial Council of California Civil Jury Instructions (CACI) Number 1006 provides:

“…A landlord must take reasonable precautions to prevent injury due to any unsafe condition in an area of the premises under the landlord’s control if the landlord knows or reasonably should have known about it.”

doctor-patient

INJURIES:

After arriving at the emergency room via ambulance, Plaintiff, with severe pain in his shoulder, was examined and given Morphine intravenously. Plaintiff spent the night in the emergency room and was provided with a shoulder immobilizer. Plaintiff was advised to immediately follow up with an orthopedic surgeon.

The same day as being discharged from the hospital, Plaintiff went to an orthopedic specialist. A new immobilizer was provided and a CT scan was performed confirming that Plaintiff had a triple fracture of the humerus. Pain medication was also performed. Since Plaintiff had a cardiac history, the doctor decided that it would be prudent to consult with Plaintiff’s cardiologist before any surgery was to be performed.

Due to the pain level, Plaintiff was unable to perform any physical therapy until a few weeks after the incident. At that time, Plaintiff began a course of physical therapy and home exercises, in an attempt at conservative treatment. After a few months of therapy, there was no improvement. After taking further x-rays, the doctor indicated that the bone was healing incorrectly and that surgery was required.

Plaintiff underwent a “closed shoulder manipulation”, wherein the doctor re-fractured the bone in order for it to be on the correct healing path. The anesthesiologist also performed a very painful shoulder nerve block at the time of the procedure.

RESIDUAL COMPLAINTS:

Plaintiff still experiences severe pain to his shoulder on a daily basis. Range of motion is limited to 50%. Other than for a short period of time during pre-operative physical therapy, Plaintiff had been required to be in a shoulder immobilizer from the time of the accident through the present time. Plaintiff’s doctor advised Plaintiff that the shoulder will continue to be painful until a shoulder replacement is performed.

AFFECTS OF DAILY LIVING:

Plaintiff’s life has been forever changed. Although Plaintiff has a cardiac history, Plaintiff is not someone confined to home and would otherwise be living a normal life – but for the injury. Plaintiff sometimes compares himself to a war veteran that had his arm amputated.

CONCLUSION:

THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

What is Your Remedy When Your Driver Drank Under the Influence Without Your Knowledge?

Drinking Beer Results in Collision PicFACTS OF THE CASE:

Plaintiff (19 years old at time of accident), and a visiting student was a passenger in a Mercedes sedan. Defendant was driving the vehicle which was owned by Defendant number 2. The vehicle had recently left from a party where all occupants of the vehicle had been coming from. Defendant was driving the vehicle westbound. Defendant told police officers, as stated in the traffic collision report, an oncoming vehicle’s lights scared him. He lost control of his vehicle causing the vehicle to hit a curb, flip upside down, and hit a tree. Defendant told officers that he drank beer prior to the accident. The traffic collision report named defendant as the primary collision factor, in violation of CA Vehicle Code §22350.

The Fire Department arrived on scene and had to use the “jaws of life” to extricate Plaintiff and another passenger. Plaintiff sustained serious injuries as a result of this collision and was taken by the Fire Department paramedic ambulance to the emergency room and sought follow up care as outlined below.

LIABILITY AND PROPERTY DAMAGE

Plaintiff was a negligent free passenger. The attached traffic collision report clearly states that he admitted drinking beer prior to the accident. Defendant was driving too fast for the road conditions, as the police report indicated was a violation of section Cal. Vehicle Code §22350.

MEDICAL BILLS

Plaintiff incurred medical expenses in the sum of $150,000.00.

NATURE AND EXTENT OF DAMAGES

Plaintiff lost consciousness during the accident and was in excruciating pain as a result of his leg being pinned. Plaintiff was taken by ambulance to the emergency room. It was noted that his ankle had positive deformities upon arrival. Plaintiff required emergency surgery to avoid amputation.  Hardware was surgically placed in Plaintiff to assist with the healing process. There were several additional injuries.

beer_car

Post surgery, Plaintiff was experiencing severe constant pain, even though he took prescribed pain medication.

The surgeon reported that healing of the fracture would not occur for at least six months, at which time extensive rehabilitation would be required. Normal function was not anticipated for at least 12-18 months. Future surgery including bone grafting would be required, which would also delay recovery.

Plaintiff was treated by a plastic surgeon as a result of the infection to the ankle.

CONCLUSION:

This case was settled out of court, and the client got the money they deserved!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

 

Prosecuting Domestic Violence

Domestic assault and violence

Domestic assault and violence charges

Domestic violence refers to the violent and physical attacks that take place within the confines of a home, among its inhabitants. These kinds of physical abuse usually involve a female victim and a male aggressor. It can also apply to other kinds of physical abuse, which might be less obvious for you to spot. The domestic assault charges are usually dealt as a serious case by the court, and the guilty would receive the maximum punishment.

In most cases of domestic violence, the female victim always finds charging a case against the male aggressor a psychologically taxing effort. They might find it mentally difficult to prosecute a male aggressor who can be their husband, boyfriend or parent.

Types of domestic violence

If someone you know has been the victim of a domestic violence, you can help them to make contact with police and also help them prosecute their own relatives. It is the duty of a socially responsible person to make sure that domestic violence is not repeated. It will be easy for you to detect signs of domestic violence if you know where to look for it.

Unexplainable bruises, cuts or scrapes are usually the signs of domestic violence. Sexual abuse is also a kind of domestic violence even if the aggressor in question is the husband. A husband who emotionally abuses his wife to the point that the woman lost her self-belief is a common form of domestic violence too. These types of domestic violence are harder to detect and even harder to prove in a court of law.

Taking legal actions

To start a legal action over domestic violence charges, the first requirement is of course the necessary evidence. Photos of bruises, accounts of psychological abuse all count towards evidence of domestic violence.

The next step is to contact a capable attorney. Ask around among your friends and contacts, until you find an attorney who has got a wealth of experience.

Legal action against domestic violence

Legal action against domestic assault

Once you have managed to find an attorney, he or she will be able to direct you through the necessary legal formalities, which will first start with the arrest of the accused.

Pressing charges and prosecuting a close relative can be a painful experience. The domestic assault charges are likely to result in serious punishments but never sway from your determination to prosecute the person as the guilty has to receive punishment.

Different Damages That Can Be Claimed In A Personal Injury Case

personal injury lawyer orange county, punitive damages

personal injury attorney

You can get monetary compensation for any bodily harm caused to you by the wrongdoings of any other person or company. If you are a resident of Orange County, you may seek the help of a personal injury lawyer Orange County to file the lawsuit. The wrongful act can be anything like a simple negligence, mistake or error in judgment. Any willful act or reckless misconduct can also lead to a personal injury case. We will discuss some of the common punitive damages paid to the victims of personal injury.

Medical Expenses

All the medical expenses associated with the injured person’s treatment like hospital bills, expenses of ambulance services, medication expenses and services of nurses etc. will all fall in this category.

Lost Earnings

If your injuries kept you out of work for a number of days, you can reimburse all those money with the personal injury claim. A personal injury lawyer Orange County, with his expertise can ensure you that you get all these lost earnings with the personal injury claim.

Future Expenses

You can avail the compensation, which is likely to occur for all future treatments associated with the injury. You can get the help of an expert personal injury lawyer Orange County to prove your point.

Compensation for mental anguish

An injured person or the person who saw the death of his or her loved ones can suffer from a lot of mental anguish and for all these sufferings, one can seek compensation. The amount of compensation in this regard would vary considerably and solely depends on the decision of the court.

Loss of consortium

If the personal injury case resulted in the death of your spouse, you can get compensation for loss of consortium. The loss of consortium claims can include the conditions like the loss of comfort, sexual relations and the companionship, which you miss in the absence of your spouse. However, keep in mind that loss of consortium claims can sneak into your privacy matters.

personal injury lawyer orange county, punitive damages

personal injury lawyers

Damages caused to property

In the event of a personal injury case, in addition to the bodily harms, damages to property can also occur. A property can be any personal item in your surroundings, vehicles etc and you can seek compensation for all these damages. As in the above claims, you can get the assistance from a personal injury lawyer to get the best rewards.

So, if you or your loved ones have suffered from a personal injury, get the help of a personal injury lawyer to compensate for all your losses.

Tips To Gather Evidence In Domestic Violence Cases

domestic assault charges

domestic assault attorneys

If you are a victim of domestic violence, then it is very important to gather evidence to prove your point and win the case for domestic assault charges. In this article, we will discuss in detail on how to gather evidence in such cases, which will make your point more valid and strong in the courtroom.

Call 911

Every call made to 911 is recorded and these recorded calls can act as evidence during the trials. The threats and yelling sounds made by your attacker may be captured.

Maintain list of records and witnesses

It is very important that you keep the record of the incidents occurred. This will include even the time of attack and the opponent’s behavior. In addition, keep a list of spectators of the incident and their contact information. This will help the officials to get in touch with them without wasting time and could speed up the whole process.

Get treatment from a hospital

Your hospital treatment records will play a crucial role in cases relating to domestic assault charges. There it is essential that you get the treatment from a hospital and get the copy of the medical records.

Take photos

Ensure to take the photographs of the injuries suffered by you. It is important that your face is included in these photos. In addition, take the close up pictures of the injuries. Along with your injured photos, it will be an added advantage if you are able to submit the photos of the damaged properties in the site of incident. This will prove that a struggle took place.

Get assistance from a law attorney

Many attorneys focus on domestic violence cases and it will be very helpful for you to get their assistance. They will help you to submit the evidences to the jury in a more proper manner so that you get the best results.

domestic violence cases

domestic violence charges

Get help from Crisis Center

During such a crisis, get the help of a crisis center near you. To search for one in your area, browse through the website of National Coalition Against Domestic Violence. You may also call them at (800) 799-SAFE. They will provide you with the details of the crisis center near you from where you could get further help.

By following the above-mentioned guidelines, you can easily prove your position before the judge, ensuring that the perpetuator gets the deserved punishment and you get the deserved compensation.

Dealing With Wrongful Termination Cases

Wrongful termination lawyers Los Angeles

Wrongful termination attorneys

It is always stressful dealing with wrongful termination if you are at the wrong end of the lawsuit. There are ways to make the best out of the situation, and one of them is to hire a competent wrongful termination lawyer. There are many wrongful termination lawyers Los Angeles has seen over the years, but only a handful of them have managed to make their mark. This is because, it is a highly competent field of business, which demands the best from the those who practice law.

In most cases, the wrongful termination starts with a clash of ideas between the management and the workers. Once that happens, the management might feel that the worker is out of order and with a view to create an impression might even fire that worker.

Such acts can result in the worker losing his source of income, which can be really troubling, especially if that worker has a family to care for. In such cases, the worker has the legal backing to approach his or her employers to demand a reasonable sum for the work that he or she has put into the company.

Hiring a wrongful termination attorney

It is always recommended that you take the help of a professional, such as a wrongful termination attorney, before proceeding with such steps. This is because, an attorney will be able to handle such situations with the employers with relatively more ease than a worker. These situations are needed to be approached with the right tactic, which might be lost if the fired employee was to make an appearance.

source of income

wrongful termination cases

While selecting the attorney for your wrongful termination case, you will have to be extremely careful. A good and competent attorney will be able to get you the maximum amount of money out of your former employer, and will be able to negotiate better deals for you.

If you are terminated from your job in the company, then you can assess your options and determine whether you have sufficient evidence to prove that your termination was illegal. If you are sure enough, then you need to hire a wrongful termination attorney and then he or she will take care of the necessary things.

These are some information regarding dealing with wrongful termination cases. Select from any one of those quality wrongful termination lawyers Los Angeles has to offer and you will have a significant advantage.

Questions That You Should Not Forget To Ask A Personal Injury Lawyer

Personal injury lawyer Los Angeles CA

Personal injury attorneys in Los Angeles

While hiring a personal injury lawyer on your behalf, hiring the right personal injury lawyer Los Angeles CA can make all the difference between winning and losing the lawsuit. While meeting up prospective lawyers, make sure that you ask him/her relevant questions to help you determine who can handle your case the best. Here are a few questions that you should not miss out.

What are his qualifications?

Not all personal injury attorneys are the same. So enquire where he studied and how much practice he has had. Knowing how many cases of personal injury he has handled and what percent of the cases he won will give you an idea about whether he is good or not. Also, find out if he has had experience handling cases similar to yours. Moreover, enquire if he/she prefers to represent the defendants or the injured party.

What is the process?

A personal injury case often takes years to run its full course. Enquire about the general process involved in such cases and discuss with the lawyer about the problems that may arise during trial and how he/she will handle them. Also, ask him/her how long the case may be expected to run.

How the lawyer charges for services?

Availing the services of an efficient personal injury lawyer Los Angeles CA may be quite an expensive affair. Therefore, it is important that you enquire about his fees and other charges before you hand him your case. Also, find out how much retainer should be remitted and if he/she will refund the unused portion. Ask him about the witnesses that he intends to use and the costs involved. To avoid out of pocket expenses, see if he/she takes cases on a contingency basis. Also, if they agree to work on a contingency basis, then find out if they have the resources to carry the costs.

Personal injury attorneys

Personal injury lawsuit

Very often, senior lawyers conduct the initial consultation to ensure that the client retain their services after which they assign the case to a junior lawyer. So enquire who will handle the case and if he plans to pass it over to another lawyer, request to meet the lawyer who will be handling the case.

To help you determine whom to hand over your case, these are some questions that you should not forget to ask a personal injury lawyer Los Angeles CA beforehand. For more queries, check out legal resources available online.

A Short Note On Domestic Abuse

Domestic assault charges

False accusations of domestic assault

Domestic assault can be defined as an action or conduct or a learned behavior wherein an individual abuses another physically, sexually or emotionally. For it to be a domestic assault, the assault should be between a spouse and a former spouse or it could be between two people in dating relationship or who were formerly in a dating relationship or individuals who have a common child or residents or former residents within the same household. Generally, such a behavior is passed on through generations where the victim becomes the attacker.

Domestic assault can take on many shapes and forms. Physical abuse can include slapping, pushing, kicking, punching, hitting, biting, strangulation, denying help to someone injured or pregnant, locking someone out of their own home, unlawful confinement, abandoning in a dangerous situation or throwing objects at the victim. Physical abuse can also be sexual abuse or rape, unwanted sexual contact or being forced to dress or undress.

Economic abuse also comes under domestic abuse. Denying access to bank accounts, credit cards or their vehicles all includes domestic abuse. It is also abuse if one partner who is charge of managing the finances denies the other access to their money. Preventing a partner from getting a job or attending school is also considered domestic abuse. Restricting access to health care, dental insurance and prescriptions is also domestic abuse.

Role of police

The police have to make an investigation whenever someone reports a domestic violence case. The prosecutor can decide to press domestic assault charges even if the person who reported the abuse decides to drop all charges later on. In case of domestic assault, it is up to the prosecutor and not the victim to decide whether to press charges or not.

Physical abuse

Domestic assault lawsuits

Domestic abuse is indeed a very serious and real issue. However, sometimes people make false accusations of domestic violence for controlling another person. This may be especially true during a divorce, a bitter breakup or a child custody battle. Filing domestic assault charges against an individual affects his/her livelihood and future. A conviction against the defendant can get him imprisoned as well limit his employment and housing opportunities for his entire life. In case of married men, it can even prohibit him from visiting his children.

While fighting cases of domestic assault, be it as the accused or the victim, it is important that you hire an experienced criminal defense attorney who is familiar with the criminal justice system and its workings.

Domestic Assault Laws In Texas

Domestic assault charges

Domestic assault Laws

Domestic violence can be defined as violence between couples in an intimate relationship or it can be one spouse assaulting another. In Texas, like all other states, domestic violence is regarded as a serious crime.

Protective Order

A domestic violence victim can request the court to render a protective order. The applicant does not have to make any payments or court costs related with this order. The offending party will have to bear all fees if such an order is issued unless this person is penniless or has some other reasonable cause. The offending party is also entitled to file for a protective order.

Medical professional’s obligation

If a medical professional or a health care provider believes that the injuries suffered by an individual were caused by domestic violence, then he is responsible for taking certain necessary actions. This includes giving the victim details of the nearest family violence shelter, including the reasons why the medical professional believes that the victim’s injuries were due to domestic violence in his/her medical record and giving the patient a written notice that explains that domestic assault is a  crime and that he/she can file a criminal complaint.

Immunity

An individual who reports domestic assault is provided immunity from liability from the civil proceedings that follow if he does so in good faith. However, he will not be given any protection from liability if he reports the domestic violence in bad faith.

Protective order

Domestic violence laws in Texas

Temporary Ex Parte Order

A domestic violence victim can request the court to render an order known as the ex parte order that prohibits the individual with domestic assault charges against him from occupying or visiting the residence of the victim. In order to get such a court order, the victim is required to file a sworn affidavit along with the particulars of the domestic violence incident. He/she should then appear before the court at the ex parte hearing.

In order for the court to grant an ex parte order, the court should establish that the applicant and the offending party were in joint residence at least 30 days before filing for the order. It should also be shown that the domestic violence was conducted within 30 days before filing for the ex parte order. It should also be clearly shown that the victim is in imminent danger of being assaulted again.

That was some information on domestic assault and liabilities of reporting this crime. If you find yourself facing domestic assault charges for reporting such an incident, avail the services of an experienced attorney to help you out.