San Diego Personal Injury Lawyers Blog

Do you have the appropriate amount of automobile insurance available to cover you in the event of an auto accident?

California automobile insurance laws require the owner of a vehicle to have a certain amount of liability insurance on one's vehicle (California Vehicle Code § 16020). Liability insurance provides compensation to another in the event that you cause an accident and are found to be liable to that person for damages.

The minimum amount of coverage required by California law is $15,000.00 (California Vehicle Code § 16056), but you can purchase higher amounts of liability insurance in order to protect your personal assets against the risk of higher damages being awarded against you in the event you cause another person serious injuries.

When Kerckhoff Law, APC represents a person who is injured in an automobile accident, one of the first things we do is determine all possible insurance coverage that is applicable. There are two categories of auto insurance: first party coverage and third party coverage. First party coverage covers you and your property (such as medical expenses, damage to your vehicle, and the insurance company's duty to defend you in the event that you are sued as the result of your operation of a vehicle, etc.). Third party coverage is for your responsibility to pay for injury caused to other people (and vice versa), whether in your vehicle, or in another vehicle involved in the accident. The coverage (and its exclusions) is set forth in your insurance policy. In exchange for the payment of a premium, the insurance company promises to provide compensation in the event of certain occurrences. Though a full recitation of insurance coverage and laws would occupy several large text volumes, the following is brief synopsis of the most typical coverage and issues. Among the various types of insurance coverage which may apply are the following:

California Vehicle Liability Insurance

As previously stated, liability insurance is required by law (California Vehicle Code § 16020). The liability portion of an insurance policy is used specifically for defending and settling any claims, or paying any judgments rendered against the insured in an automobile negligence claim. If you are injured by the negligence of a defendant, we will make a claim under the bodily injury liability coverage of the negligent defendant's insurance policy. Liability coverage is not health insurance, and it is not designed to pay for your medical bills as they are incurred. Instead, it is designed to be a one-time settlement or payment for all of your damages. Liability insurance minimums required by law in California (California Vehicle Code § 16056) are:

Fifteen thousand dollars ($15,000) for bodily injury or death of one person in any one accident.

Thirty thousand dollars ($30,000) for bodily injury or death of two or more persons in one accident, not exceeding the per-person limits above.

Five thousand dollars ($5,000) for injury to or harm to property of others in one accident.

Continue reading "Appropriate San Diego Auto Insurance ~" »

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

In dog bite cases, it is essential that prompt measures be taken to preserve evidence, investigate the incident in question, and enable physicians and 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 a possibility that the victim can also recover "punitive" damages. These are damages 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 that can 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 to review dog bite safety tips.

Continue reading "Oceanside Dog Bite Injuries ~" »

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

The damages you are entitled to recover in a wrongful death action are: (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 In Wrongful Death Actions

Compensatory damages is 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

& Any other expenses brought about by the wrongful death

Punitive Damages In Wrongful Death Actions

A punitive damage award is 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 doesn't conduct itself in a similar fashion in the future.

Damages Limits In Wrongful Death Actions

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

Continue reading "San Diego Wrongful Death Actions ~" »

Tens of thousands of car accidents occur every day in this country, and many people don't know what to do if they are involved in an accident. Knowing what steps to take to ensure that your injuries are properly diagnosed and treated, and that evidence is preserved at the scene of the accident, can significantly improve your chances of receiving a fair settlement in your case.

The following are helpful tips regarding what you should do if you are involved in a traffic collision:

Check for injuries: The first thing you should do after an accident is check for injuries - to yourself, to passengers in your vehicle, and to occupants of other vehicles involved in the crash. You should call 911 to summon an ambulance, if necessary. Seeking immediate diagnosis and treatment by medical professionals of any injuries sustained in a crash greatly increases your chances of receiving just compensation for your injuries. Keep in mind that some injuries are not always apparent to the casual observer and their symptoms can be significantly delayed. Whether you call an ambulance at the scene of the crash or contact your family physician promptly afterwards, you shouldn't hesitate to get checked out by medical professionals - even if you feel "okay" after the accident.

Call the police: It is important to call the police even if the accident is minor. A police investigation will provide proof of the accident and ensure that evidence is collected and preserved. In addition, the police will typically document witnesses' statements and examine other drivers involved in the accident to check for drug or alcohol use. The police can also be valuable witnesses to your injury at the scene, and they can assist in securing an admission of fault from the negligent driver.

Record the names of everyone involved: You should make sure you write down the names, mailing addresses, and license numbers of each and every person involved in the accident, along with descriptions and license plate numbers of the other vehicles.
Record the names of witnesses: You should be sure to collect the names, addresses, and phone numbers of any witnesses to the accident, and make a note of what they say happened. This can help to resolve any disagreements that arise in regards to how the accident unfolded.

Take pictures at the scene: You should take your own pictures, if possible, of any vehicle damage, injuries, tire marks, etc. at the scene of the accident. Even taking photos with your cell phone camera can help accident reconstruction experts determine who is at fault in your case.

Contact an attorney: You will improve your chances of recovery if you contact an attorney who is experienced in handling personal injury matters. At Kerckhoff Law, APC, we will promptly arrange for an attorney to consult with you free of charge so as to enable us to immediately take action on your behalf, while all of the evidence is still "fresh." If necessary and feasible, we will have an investigator conduct a thorough analysis of the accident scene so that no evidence goes undetected.

Continue reading "Injured In A San Diego Auto Accident?" »

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 ~" »

Did you know that California has a strict liability dog bite statute? It states that the owner of a dog is liable for damages inflicted by the dog if it bites a person who is either in a public place or lawfully in a private place, including 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.

Therefore, the dog owner is liable regardless of whether the dog had ever been vicious before and regardless of whether the owner had reason to believe it would behave in a vicious manner. The dog doesn't get "one bite free."

In all dog bite cases, it is necessary that prompt measures be taken to preserve evidence, investigate the incident in question, and to enable physicians and other expert witnesses to thoroughly evaluate all injuries.

The majority of dog bite cases only allow that the injured party is able 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, then there's 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 the dog owner who knowingly has a vicious animal which could cause harm to innocent people. In the event that punitive damages are warranted, the amount of money the injured party can recover would be substantially more than in the typical case.

Continue reading "Fatal Injuries Due To Dog Bite Attacks ~" »

When a family member's life is unfortunately taken by the reckless or malicious conduct of another, did you know that you can file a wrongful death lawsuit & be entitled to financial compensation?

The damages you are entitled to recover in a wrongful death action are: (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 monies 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

& Any other expenses brought about by the wrongful death

Punitive Damages

A punitive damage award is 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 "Wrongful Death Motor Vehicle Accidents In El Centro ~" »

Spinal Cord Injury (SCI) involves damage to the spinal cord that results in a loss of function such as mobility or feeling. Frequent causes of injury are trauma (car accidents, gunshot wounds, 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, for most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning.

Almost 11,000 people in the U.S. sustain a traumatic spinal cord injury each year, resulting 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.

Over half of the people who sustain an SCI are between the ages of 16 and 30. More males than females 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 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 El Centro spinal Cord injury lawyer to find out what your legal rights are.

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Here in San Diego, many people walk on our sidewalks and roadways, both for exercise and for transportation. Safety should be the number one issue for drivers encountering pedestrians.

In 2008, according to the NHTSA, 4,378 people nationwide lost their lives in pedestrian-motor vehicle crashes. This equates to approximately 12 people killed every day, which is not a safe statistic!

Also in 2008, there were approximately 69,000 reported pedestrian injuries (one injury every 8 minutes). However, only a fraction of crashes causing pedestrian injuries are even reported by the police, so the true number of pedestrian injuries is unknown.

Who Is Killed In Pedestrian Crashes?

Some of the more noteworthy numbers or trends are:

Driver inattentiveness is the primary cause of most pedestrian accidents. As indicated above, a high percentage of pedestrian injuries occur at dusk and nighttime, when driver visibility is reduced. A vehicle traveling just a few miles an hour can seriously injury a pedestrian, or cause permanent disability or death. At our law firm, we handle pedestrian accidents caused by:

As with all modes of travel, there is some risk associated with walking. However, walking remains a healthy and inherently safe activity for millions of people every year.

Continue reading "San Diego Pedestrian Crash Facts" »

Those involved in a wrongful death situation will find it extremely difficult to endure. Coming to terms with the loss of a friend or loved one 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. Whether you are currently embroiled in a wrongful death situation or simply wish 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 San Diego wrongful death attorney.

When Is It Wrongful Death?

In order 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 in which it can occur.

For a situation to be deemed "wrongful death," there must be a third party who is deemed responsible. 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 the use 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 "San Diego Wrongful Death Claims ~" »

Most of us have heard about the McDonald's hot coffee lawsuit wherein the victim recovered millions of dollars for a coffee spill in her lap. The word "frivolous" comes to mind. The reality is this. Americans are being duped by myths and falsehoods spread by insurance companies and corporations, who have spent millions of dollars to mislead the American public.

The Facts Tell A Different Story

Unfortunately, the case's facts are no laughing matter. Stella Liebeck sustained third-degree burns to her groin, inner thighs, and buttocks. She was hospitalized for eight days, and underwent numerous skin grafts and surgical removal of damaged tissue.

This Is What Really Happened

Ms. Liebeck tried to settle her claim with McDonald's for $20,000.00, but management refused. At trial, McDonald's grudgingly identified more than 700 victims burned by its coffee between 1982 and 1993, some involving third-degree burns like Ms. Liebeck's. McDonald's clearly knew about the hazard. Its coffee was heated to a scalding 185 degrees, even though beverages served above 140 degrees are considered to be a burn hazard.

The jury awarded Ms. Liebeck $200,000 in compensatory damages, but then reduced the amount to $160,000, because they found her to be 20% at fault for the coffee spill. The jury also awarded her $2.7 million in punitive damages (equal to two days' worth of McDonald's world-wide coffee sales). This amount was eventually reduced to $480,000. The trial judge said that McDonald's conduct was reckless, willful, and callous. Jurors expressed similar sentiments in post-trial interviews. Ms. Liebeck and McDonald's eventually entered into a post-verdict settlement.

Continue reading "McDonald's Hot Coffee Lawsuit Revisited ~" »

The San Diego motorcycle crash lawyers at Kerckhoff Law, APC, are experienced trial lawyers and have many years of experience providing legal representation to motorcycle crash victims in San Diego.

The types of skills required to successfully handle a serious motorcycle accident are very specific to these types of accidents. Don't be fooled by choosing a lawyer who dabbles in these types of cases, rather than one who handles them exclusively, as we do. Making a bad choice in getting the wrong attorney can be one of the most regrettable decisions you can make, and may significantly reduce the outcome you might otherwise be able to achieve.

If you, a loved one, or a friend have been the victim of a motorcycle crash and have suffered a serious personal injury, please call today for a free consultation - 866-606-3059, or fill out our Free Case Review form. All inquiries are strictly confidential.

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

California has a strict liability dog bite statute which states 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 dog owner is liable regardless of whether or not the dog had ever been vicious before and regardless of whether or not the owner had reason to believe the dog would behave in a vicious manner ~ the dog does not get "one free bite."

In dog bite cases, it is essential that prompt measures be taken to preserve evidence, investigate the attack in question, and enable physicians or other expert witnesses to thoroughly evaluate all of the 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 victim 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 to review dog bite safety tips that were previously blogged about.

Continue reading "Injured In An El Centro Dog Bite Attack?" »

It was recently reported by SignOnSanDiego.com that a San Diego woman died on Christmas Eve from complications due to injuries she suffered in a vicious mauling by her neighbor's pit bulls earlier this year.

Seventy-six year old Emako Mendoza lost part of an arm and a leg because of the June attack, which took place when she stepped outside of her home to pick up her morning newspaper.

The County Medical Examiner's Office reported that the death was linked to injuries Mrs. Mendoza suffered in the pit bull mauling. Neighbors Alba Medina Cornelio and her daughter, Carla Ramirez Cornelio, were arrested on June 29, 2011 and each charged with two felony counts of having an animal that caused serious injury, as well as additional misdemeanors.

Prosecutors are also considering additional charges.

Pit Bull Attacks & Legal Rights

Dog bite attacks are unfortunately common with certain breeds of dogs - in particular, pit bulls. These dogs cause serious injuries and attack people, often because of their aggressive nature and the power of their bite. Typically, a pit bull does not bite just once, but continues to attack until its prey succumbs.

California has a strict liability dog bite statute which states that the owner of a dog is liable for injuries inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including 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 dog owner is strictly liable, regardless of whether the dog had ever bitten before or shown aggressive tendencies. In California, a dog does not get "one bite free."

Continue reading "San Diego Pit Bull Attack Victim Now Deceased ~" »

Each year there are hundreds of thousands of accidents that result in head injuries. While most head injuries are mild to moderate in severity, some can be serious, causing traumatic and irreversible injuries to the brain. Traumatic Brain Injury (TBI) can cause temporary or permanent damage that may significantly diminish the quality of life of the person injured. People who sustain brain injuries deserve compensation for their medical bills, lost wages, and reduced capacity to perform routine tasks after the accident occurs.

Head injuries occur when the brain is struck with sudden physical force, such as when one's head hits the dashboard or the windshield in a car accident. Traumatic brain injury occurs when the brain bounces against the inside of the skull during such an impact. The greater the force, the more likely it is that serious damage will occur. Tearing, bruising, and bleeding of the brain can cause permanent brain damage that affects every aspect of the victim's life.

In most cases, TBI is caused by blunt force trauma to the head by an object. These types of injuries are called "closed head injuries" because the skull has not been fractured. Closed head injuries can also occur when the head undergoes a severe forward or backward shaking motion, such as when whiplash occurs in a car accident. In either case, closed head injuries can present unique challenges at trial due to the fact that there are usually no external symptoms that would indicate the severity of the damages.

Another way in which TBI can be caused is a "penetrating head injury," in which a wound is caused by an object that penetrates the skull, but does not exit, thereby becoming lodged in the person's brain. Examples of this particular type of brain injury include gunshot wounds and stab wounds. Gunshot wounds can cause damage not only to the tract in which the bullet entered the brain, but also to surrounding areas depending on a multitude of factors, including the speed and caliber of the bullet. A stab wound, on the other hand, is caused by objects such as glass, nails, and even metal. The damage inflicted in these types of wounds is more localized to the tract in which the object entered the skull, and typically occurs in the skull's thin bones.

Whether an injury sustained is a closed or penetrating head trauma, it is imperative that you seek medical attention immediately. Additionally, it is equally important that you or your family talk to an attorney as soon as possible. In cases involving Traumatic Brain Injury, it is essential that measures be taken promptly to preserve evidence, prove the nature and extent of your injuries, and to enable expert medical witnesses to evaluate and support the cause of your injuries.

If you or a loved one has suffered what you believe may be a Traumatic Brain Injury, please call Kerckhoff Law, APC toll-free at (866) 606-3059 or click here to fill out our confidential intake form.

Continue reading "El Centro Traumatic Brain Injuries -" »

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. Whether you are currently embroiled in a wrongful death situation or simply wish 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.

When Is It Wrongful Death?

In order 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 where it can occur.

For a situation to be deemed "wrongful death," there must be a third party who is responsible. 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 Claims ~" »

Have you or a loved one been seriously injured or killed in an automobile accident in Imperial County? If so, you should consult with an experienced El Centro personal injury lawyer to find out what your legal rights are and what your next step should be.
Imperial County personal injury attorney Jason Kerckhoff knows how serious and life-changing accidental injuries can be, and how frustrating it is to try to obtain relief from insurance companies and other responsible parties.

Choosing An El Centro-Imperial Valley Injury Attorney

After an automobile crash or any other event involving serious injury or the wrongful death of a loved one, it is extremely important to work with a law firm that specializes in personal injury. Unfortunately, sometimes people are negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries to innocent victims. 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 automobile accident or wrongful death case are very specific. Our El Centro personal 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 "Have You Been In An El Centro Accident?" »