San Diego Personal Injury Lawyers Blog

A Spinal Cord Injury (SCI) involves damage to the spinal cord that results in a loss of function such as mobility or feeling. Frequently, the causes of injury are due to trauma (car accidents, gunshot wounds, falls, etc.) or disease (polio, spina bifida, Friedreich's Ataxia, etc.).
The spinal cord doesn't have to be severed in order for a loss of functioning to occur. In fact, for many people with SCI, the spinal cord is intact, but damage to it results in loss of functioning.

Nearly 11,000 people in our country sustain a traumatic spinal cord injury every year, which result in temporary or permanent sensory deficit, motor deficit, or bowel or bladder dysfunction. In this country, more than 250,000 people live with paralysis caused by SCI.

More than fifty percent of people who sustain an SCI are aged 16 to 30. It is more common for males than females to sustain this type of injury - the ratio is more than four to one. The most common cause of SCI is a motor vehicle accident, accounting for at least 36% of these injuries (broken down as follows: no restraints used - 20%; restraints used - 13.7%; motorcycle - 7.4%; accidents involving pedestrians - 5.2%; other - 2.1%).

Violence-related SCIs have been steadily increasing over the past two decades, and unfortunately, today violence is associated with 29% of SCIs. Falls and sports injuries result in 21% and 7% of SCI cases, respectively.

Damages To Be Recovered In SCI Cases

The amount of damages that may be recovered against a party responsible for causing SCI injury is substantial. The average out-of-pocket cost of coping with a spinal cord injury in the first year can be as high as $741,000 for the most severe injuries. For each year after that, the average cost is approximately $132,000. These amounts don't include indirect damages (which averaged $60,000 in 2006) such as:

If you or a loved one has sustained an SCI due to the negligence of another party, you might want to consult with an experienced San Diego spinal cord injury lawyer to find out what your legal rights are.

Did you know that California has a strict liability dog bite statute which states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including on or near the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342)?

The owner of the dog is liable regardless of whether or not the dog has been vicious before and regardless of whether or not its owner had reason to believe the dog would behave in a vicious manner. The dog is not allowed to have "one bite free."

If you or a loved one has been injured by a dog, it is essential to take prompt measures to preserve evidence, investigate the incident in question, and enable physicians or other expert witnesses to thoroughly evaluate all of the victim's injuries.

In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make him/her "whole"; however, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is the possibility that the party can also recover what are known as "punitive" damages. These damages are designed not for the purpose of making the injured party "whole," but rather, to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal which could cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical dog bite case.

Click here for more information about dog bite safety.

Continue reading "Have You Been Injured In A San Diego Dog Bite Attack?" »

KSWT News recently reported that an 81-year old El Centro pedestrian was transported from El Centro Regional Center to a San Diego hospital for his serious injuries.

The El Centro Police Department stated that Agustin Rocha suffered head trauma and a lacerated liver after being hit by a pick-up truck while he was crossing an intersection in his motorized wheelchair.

Mr. Rocha was crossing eastbound on Imperial Avenue when a pick-up truck driven by Jose Bayardo, who made a right turn from Bradshaw Drive onto southbound Imperial
Avenue, struck the victim.

The police are conducting an investigation to determine who is at fault.

Potential Causes Of Pedestrian Intersection Accidents

Driver inattentiveness is usually the cause of most pedestrian accidents. A high percentage of pedestrian injuries occur at dusk and night-time, when driver visibility is reduced. A vehicle traveling just a few miles an hour can seriously injure a pedestrian, or cause permanent disability or death. At Kerckhoff Law, APC, we handle pedestrian accidents caused by:

According to KSWT News and News 13, the California Highway Patrol reported that two people died and four others were injured in an auto vs. auto crash on January 21, 2012 in Brawley, California. The CHP said that at approximately 1:00 p.m., a male driver in a gray Acura traveling westbound on Fredericks Road failed to yield the right-of-way to a Honda Accord containing five occupants traveling southbound on SR-86.

Anthony Aubry was booked into Imperial County Jail and is facing felony charges of gross vehicular manslaughter while intoxicated and drunk driving.

During the crash, the Honda overturned and rolled. An 18-year old male passenger from Riverside lost his life at the scene due to his injuries. The other passenger, the decedent's 9-year-old niece, was air lifted to Pioneers Memorial Hospital where she later unfortunately passed away.

The driver of the Honda and two remaining passengers were transported to nearby medical facilities for their injuries, which included a fractured neck, skull, and back.

Drunk Driving Liability Issues

Driving while drunk is a deadly problem in California. California DUI arrests trigger two separate cases: in court, and at the Department of Motor Vehicles (DMV). The criminal case filed against California DUI defendants consists of two different statutes: California Vehicle Code Section 23152 (a), and Vehicle Code Section 23152 (b). The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or "DUI" in California courts.

The second count, known as the "per se" charge, concentrates on whether the driver's blood alcohol content (BAC) was .08 percent or greater.

Legal Rights For Wrongful Death Victims

There are many issues to be faced & dealt with, and even more to be answered following the aftermath of this devastating event. The victims and/or their families are in a very difficult situation and need guidance. Guidance is available in the form of an attorney who is very familiar with the issues at hand, and has many years of experience handling cases for families involved with similar tragic scenarios.

Continue reading "Fatal Brawley Crash Kills Two & Injures Others ~" »

Being involved in a wrongful death situation can be extremely difficult for one to endure. Coming to terms with the loss of a friend or family member can be emotionally devastating regardless of the circumstances, but when the event was caused by the negligence or wrongdoing of another person or company, it can make the situation that much worse. If you are currently embroiled in a wrongful death situation or simply would like to learn more about the legal aspects of such a case, it is prudent to do as much research as you can, as well as to contact a qualified and experienced El Centro wrongful death lawyer.

What Is Wrongful Death?

To better understand when wrongful death is an appropriate description for a fatality, let's take a look at some of the factors and circumstances when it can occur.

For a situation to be deemed "wrongful death," there must be a responsible third party. This responsibility can be due to negligence or direct action intended to harm the victim. Not only can an individual be held liable, but a company can as well. For instance, there are numerous precedent cases in which the victims' families sued tobacco companies for not properly warning users about the dangerousness of their products.

When a wrongful death is caused by the negligence of an employee of a company, the company can be held legally responsible for the wrongful actions of its employee.

When a wrongful death is caused by an individual - whether a friend, co-worker, acquaintance, or stranger whose actions caused harm to the victim - that individual is liable for the results of his/her actions.

What Types Of Damages Are Available?

There are two types of damages one is entitled to in a wrongful death action: (1) the expenses incurred because of a loved one's death; and (2) an amount of money decided upon by either the judge or jury in order to punish the defendant. Typically, the heirs of the decedent (someone who has passed) are limited to compensatory damages, discussed below. However, in certain circumstances where the conduct of the defendant is particularly egregious, the heirs may be entitled to punitive damages (see below).

Compensatory damages are money awarded to the victim's family to compensate them for medical care, funeral & burial expenses, grief, stress, loss of companionship, income the victim would have earned had he/she lived, and any other expenses brought about by the wrongful death.

Punitive Damages are money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.

Damages Limits

There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.

Continue reading "El Centro Wrongful Death Actions ~" »

Have you or a loved one been bitten or attacked by an El Centro dog? Enduring a vicious dog bite attack can be extremely traumatic, and may cause severe and long-lasting injuries.

Identify the dog that bit you. Identify the dog that attacked you and obtain the dog owner's contact information. The dog owner is the responsible party in a dog bite situation, and the dog owner's home insurance company is usually the entity that will pay for a dog bite injury claim.

Report the dog bite attack. Report the dog bite attack to the local county animal control agency or sheriff's department. Provide them with information about the dog, including the owner's name and address. If the dog is a stray, describe the appearance of the dog as well as the location of the attack.

Take photos of the dog bite injuries. Take photographs of all visible injuries, including lacerations, punctures, and wounds. Also, take photos of any torn or bloody clothing. If possible, take photographs of the dog itself and the location of where the bite occurred.

If you or a loved one is seriously injured or killed by a dog, you will need an experienced El Centro dog bite attorney to navigate the legal system for you, to ensure your family's financial future and health is kept intact.

The captain of the cruise liner that crashed into a reef off the Italian island of Giglio continues to fuel world outrage by changing his story yet again. Captain Francesco Schettino originally claimed that despite an audiotape directing him to return to his stricken ship by the captain of the Italian Coast Guard, that he did not, in fact, leave the ship. He now claims that he accidentally tripped into a life raft after the ship tilted sharply.

The most recent count confirms eleven deaths and twenty-one people still missing. Search operations were suspended when the ship tilted again from its rocky perch on a reef.

Continue reading "Cowardly Captain Of Costa Concordia Continues To Change Story ~" »

Serious injuries can occur to those involved in a slip and fall, trip and fall, or fall incident, and may be caused by a number of hazards, including unsafe stairs, sidewalks, walkways, parking lots, and roads. There are a number of factors which create the unsafe conditions:

Causes:

• Poorly marked steps


• Poor lighting


• Missing handrails or supports


• Loose railings


• Snow, ice, and rain


• Uneven walkway surfaces


• Misaligned cracks and edges


• Broken areas in walkways and roadways


• Poorly maintained carpeting, rugs or mats


• Water, food, or other substances negligently left on floors in markets and restaurants


• Objects negligently left where they shouldn't be

Consequences
There are dire consequences for victims encountering these dangerous conditions, including broken bones and other debilitating injuries. Slip-and-fall and trip-and-fall incidents cause many injuries, and are second only to motor vehicle accidents as one of the leading causes of serious injuries. Victims with pre-existing conditions such as diabetes; knee, hip and/or back problems; other illnesses; and advanced age may further complicate their injuries. Additionally, some injuries may be more debilitating to a person than another, due to a person's daily life activities, necessities, and job requirements.

Liability & Responsibility
Property owners, property managers, landlords, and lessors have a duty to keep their premises safe. If they don't comply with this duty, then they may be found liable for a victim's injuries and damages. If the injury occurs on property owned by a public entity in California, there is a six-month period of time in which to bring one's claim.

Regardless of who the responsible party is, it is in your best interests to retain an experienced slip-and-fall attorney promptly, so that the dangerous condition can be documented and further investigation performed.

Continue reading "Dangerous San Diego Premises ~" »

Brain injuries may result from many types of accidents, including auto accidents, physical abuse, falls, gunshot wounds, or even explosions occurring in dangerous occupations.

What Is A Brain Injury?

Every 15 seconds, someone in the U.S. suffers a traumatic brain injury (TBI). Over one million people are treated in hospital emergency rooms each year. Of those, 50,000 die and 80,000 are rendered permanently disabled because of traumatic brain injury. This number is higher than the combined cases of Parkinson's disease, Alzheimer's disease, and multiple sclerosis.

TBI occurs when a sudden physical assault to the head causes damage to the brain. The damage can be focal (confined to one area of the brain) or diffuse (involving more than one area of the brain). TBI can result from a closed head injury or a penetrating head injury. A closed head injury occurs when the head suddenly and violently hits an object, but the object does not break through the skull. A penetrating head injury occurs when an object pierces the skull, entering the brain tissue.

Brain injury symptoms may include:

• Headaches
• Unconsciousness
• Dizziness
• Confusion
• Slurred speech
• Blurry eyesight
• Convulsions
• Ringing in the ears

Seeking immediate treatment by a skilled medical professional is necessary to prevent further damage or complications.

Brain injuries have the potential to alter one's life forever. Therefore, consultation with an experienced san diego brain injury attorney is essential. The lawyer will put together a team of qualified experts and medical professionals in order to assess the victim's expected past, current, and future losses, so that the victim will receive maximum financial compensation.

Continue reading "San Diego Traumatic Brain Injuries ~" »

Cases in San Diego involving a burn injury require proving a unique set of losses. Depending on the severity of the burn, the victim often suffers acute pain, scarring, and additional health complications. Since the skin is the organ protecting the body from infection and harm, any damage to the skin can easily lead to further injury to the body.

Common complications of burn injuries include infection, dehydration, hypothermia, and damage to internal organs. Depending on the amount and location of the scarring, the burned area can affect the victim's enjoyment of life, giving rise to claims for non-economic damages such as pain and suffering, in addition to any economic damages the victim has suffered (medical bills incurred, loss of earnings, etc.).

Burns caused by fires are oftentimes due to cooking accidents, careless smoking, misuse of heating equipment, or defective products. Manufacturers of defective products and negligent property owners alike can be held responsible. Products commonly associated with fires include stoves and fireplaces, kerosene heaters, flammable liquids, and upholstered furniture. Even poorly-made bathrobes or other types of clothing may potentially catch fire.

An experienced San Diego burn injury attorney can investigate the incident, collect evidence, and build a case against the person or company responsible, helping you receive the financial compensation you deserve, including damages for pain and suffering, medical expenses, and lost wages.

Continue reading "San Diego Burn Injury Lawyer ~" »

Dangerous roads in El Centro can cause injury to motorists, bicyclists, motorcyclists, and pedestrians, and can create liability against the State of California, Department Of Transportation (CalTrans). Of course, liability may be apportioned between the class of persons noted above, and potentially other defendants who may have played some role in creating or maintaining a dangerous condition.

A motor vehicle operator driving an automobile (passenger vehicle, big rig truck, van, or bus), must make sure that they constantly stay alert, and maintain continual awareness of the numerous harmful factors that can cause an auto crash to occur at any moment. Many people may not be aware that numerous accidents and injuries occur because of defectively designed or improperly maintained roadways. Knowledgeable El Centro attorneys understand dangerous roads.
The condition of the roadways that are continuously traveled on, highways, intersections, and even safety equipment on roadways can pose a serious threat to vehicle drivers. Not only do a number of accidents occur in cities such as Imperial, Brawley, Heber, Seeley & Calexico, auto accidents are caused by poorly maintained roads. Additional causes of road defect accidents include problems occuring with medians, barriers, signs, shoulders, lights, exit ramps, lane markers, and intersections.

Continue reading "El Centro Truck Accidents ~" »

Spinal Cord Injury (SCI) is damage to the spinal cord which results in loss of function such as mobility or feeling. Frequent causes of damage are trauma (gun shots, auto accidents, falls, etc.) or disease (polio, spina bifida, Friedreich's Ataxia, etc.). The spinal cord does not have to be severed in order for a loss of functioning to occur. In fact, in most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning.

Motor vehicle accidents are the number one cause of spinal cord injuries. We advise you to wear a seat belt every time you are in a motor vehicle. If children are traveling with you, make sure they are are properly buckled into a child safety seat, booster seat, or seat belt appropriate for their age and size.

The second leading cause of SCI is violence, most often related to the use of firearms. Keep firearms and ammunition locked in a cabinet or safe when not in use.
Prevent falls using a step stool with a grab bar to reach objects on high shelves; install handrails on stairways; install window guards to keep young children from falling out of windows; and use safety gates at the top and bottom of stairs when young children are present.

Play sports safely. Make sure to wear all required safety gear, and never engage in head-first moves, such as spearing (in football, using the helmet to tackle) or sliding head-first into a base. Avoid hitting the boards with your head in ice hockey. Insist on spotters when performing new or difficult moves in gymnastics.

These safety tips have been to educate you about the inherent dangers which lead to spinal cord injuries. For more information about SCI, click here.

Continue reading "Preventing A San Diego Spinal Cord Injury ~" »

When a loved one's life is unfortunately taken by the reckless or negligent conduct of another, did you know you can file a wrongful death lawsuit and be entitled to financial compensation?

Wrongful Death Liability

If it is determined that an at-fault driver is responsible for the wrongful death of another, the family of the victim may pursue a wrongful death claim against the driver.

The damages you are entitled to recover in a wrongful death action include: (1) expenses incurred because of your loved one's death; and (2) a dollar amount decided upon by either a judge or a jury in order to punish the defendant.

Compensatory Damages

Compensatory damages are money awarded to the victim's family to compensate them for:

Medical care

Funeral & burial expenses

Grief, stress, and loss of companionship

Income the victim would have earned had he/she lived; and

Any other expenses brought about by the wrongful death

A wrongful death lawyer who has represented numerous victims can help the family through this difficult time, and hold the tortfeasor financially accountable for their loss in a wrongful death claim. The damages that are available to the family of the victim may include compensation for funeral and burial expenses, anticipated future life-time earnings of the decedent, and loss of love, care, and companionship.

Continue reading "Fatal Motor Vehicle Accidents In San Diego ~" »

Have you or a loved one been injured while traveling on a bus in San Diego?

San Diego Bus Passenger Safety

If you or a loved one have been injured on a passenger bus, school bus, or shuttle bus, you may be entitled to compensation for your injuries and damages. Because buses are "common carriers," their legal responsibility for passengers is higher than the negligence duty owed by the bus company to drivers of other vehicles and pedestrians. Bus companies have a special duty to ensure the safety of all of their passengers.

Choosing A San Diego Bus Accident Lawyer

Unfortunately, people are sometimes negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries to others. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible. Our San Diego bus accident injury law firm is dedicated to assisting injury victims in obtaining the maximum financial compensation they are entitled to, so that they can move on with their lives.

Continue reading "Bus Accidents In San Diego ~" »

Have you or a loved one been injured in a San Diego motorcycle crash? Below is useful information about how to proceed with a claim against the person who caused the incident.

Motorcycle Crashes & Intersection Liability Issues

Crashes at street intersections occur because someone either failed to yield the right-of-way or ran a red light. In motorcycle accident cases such as this, very often the at-fault driver was not paying attention, or didn't consciously look for a smaller vehicle - such as a motorcycle or a bicycle at the street intersection.

Choosing A San Diego Motorcycle Crash Injury Attorney

After a motorcycle accident injury, or any other event involving serious injury or the wrongful death of a loved one, it's important to work with a law firm that specializes in personal injury. Unfortunately, people are negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible.

The types of skills required to successfully handle a serious motorcycle accident are very specific. Our San Diego motorcycle crash law firm is dedicated to assisting injury victims in obtaining the maximum financial compensation they are entitled to.

Continue reading "San Diego Motorcycle Crash Injury Lawyer ~" »