February 2012 Archives

February 29, 2012

Free San Diego Personal Injury Consultation ~

Case worth.jpgJason Kerckhoff offers free consultations to anyone seriously injured or who has suffered the death of a loved one due to another's negligence.

If you need legal guidance, an San Diego personal injury attorney with over 25 years of experience can provide answers to your questions.

Jason Kerckhoff offers a free consultation over the phone or in person ~ with no obligation. Our free case review will give you the information you need in order to determine whether or not to pursue your personal injury claim.

Continue reading "Free San Diego Personal Injury Consultation ~" »

February 24, 2012

California Truck Accidents Cause Personal Injuries ~

Truck Accident Sign.jpgApproximately 3.5 million truck drivers are on our nation's roadways and represent an integral part of our economy. However, because of the size and prevalence of commercial trucks, truck accidents pose a significant risk to other motorists and pedestrians. Recent data reflects that approximately every 16 minutes, a person is killed or injured in a truck accident. Nearly 98 percent of the fatalities involve the death of a driver or passenger who is not an occupant of the truck.

Causes Of Truck Accidents

Performance errors occur when a driver overreacts or panics and further increases the
risk of a crash/accident

Non-performance causes a risk when a driver falls asleep at the wheel, sustains a heart
attack, or is otherwise unable to drive due to a physical impairment

Distracted or inattentive driving

Poor decision-making by a driver who:

Follows another vehicle too closely
Is going too fast for the road conditions; or
Misjudges another vehicle's speed or direction

In approximately four percent of fatality crashes, truck driver fatigue was listed as the primary reason for the crash. Additionally, approximately six percent were caused by the driver's consumption of alcohol.

Truck Crash Injury Legal Rights

Large truck accidents are an unfortunate reality occurring on our roadways. After a crash 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, people can be 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 truck crash injury or wrongful death case are very specific. Our San Diego 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 "California Truck Accidents Cause Personal Injuries ~" »

February 20, 2012

Free Personal Injury Attorney Consultations In El Centro ~

Case worth.jpgA. Jason Kerckhoff offers a free consultation to anyone who has been seriously injured or has suffered the death of a loved one due to another's negligence.

If you are in this unfortunate situation and need legal guidance, an El Centro personal injury attorney with many years of experience can provide you with answers to your questions.

Jason Kerckhoff offers free consultations over the phone or in person, with absolutely no obligation. Our free case review will give you the information you need in order to determine whether or not to pursue a claim.

Continue reading "Free Personal Injury Attorney Consultations In El Centro ~" »

February 17, 2012

Calexico Pick-Up Truck Kills One In Holtville ~

KSWT News reported that a Calexico man was killed after being struck by a pick-up truck on February 16, 2012. The Imperial County Coroner's Office identified the victim as 31-year-old Braulio Camayo Galvan. According to the CHP, Mr. Galvan was walking a herd of sheep from a field near the intersection of State Route 115 and Norrish Road in Holtville, Califorina, when a pick-up truck hit numerous sheep before striking Mr. Galvan.

The 68-year-old pick-up truck driver, Jesus Meza Cosio, was traveling 60 miles per hour as he approached the intersection. He saw an amber light flashing ahead, but was unable to see the sheep or the man due to the time of day. The incident is still being investigated.

Wrongful Death Claim

A wrongful death claim is a suit that arises from the death of an individual that was caused by the negligent, reckless, or malicious conduct of another. A wrongful death suit is different from other types of personal injury claims because the victim (the "decedent") is not bringing suit; rather, it is the victim's family members or estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim.

Legal Rights For Wrongful Death Claimants

There may be many legal issues to be dealt with in the aftermath of this tragic incident. The victim's family is in a difficult situation and may need guidance and support. Guidance is available from a wrongful death attorney with years of legal experience. We understand that no amount of money can make up for the loss of a loved one. However, we help our clients achieve financial security, so that they can focus on recovering from their loss.

Continue reading "Calexico Pick-Up Truck Kills One In Holtville ~" »

February 16, 2012

San Diego Dog Bite Lawyer ~

dog_bite_banner.jpgHave you or a loved one been the victim of a dog bite or dog attack? The dog owner may be responsible for the damages incurred, including medical bills, loss of earnings, pain and suffering, among other items that may be claimed.

Preventing A Dog Bite Attack

To prevent a dog bite attack, one should take the following preventative steps when encountering a dog:

  • Don't interact with an unknown dog, and only interact with an animal when its owner gives permission

  • Don't interact with dogs that are drinking, eating, restrained, resting, sleeping, injured, old, or with their puppies. They will naturally be more defensive and more likely to attack.

  • If one is in danger of a dog bite attack, prevent interaction with the dog and remain calm. Don't run away, as this may cause the dog to chase and attack you. Instead, remain still at a 90-degree angle to the dog, avoid eye contact, and slowly back away after it loses interest.
  • Dog Bite Personal Injury Liability

    California dog owners are strictly liable for injuries caused by their pets. When a dog bites someone, the owner of the dog is usually liable for the victim's injuries and related medical care and treatment. Following a dog mauling resulting in a serious injury, victims are advised to consult with an experienced San Diego dog bite lawyer. An attorney who has handled dozens of pit bull attack personal injury claims can advise the victims of their legal rights to obtain compensation for their injuries, and the best course of action to recover maximum compensation.

    Continue reading "San Diego Dog Bite Lawyer ~" »

    February 14, 2012

    San Diego Wrongful Death Lawyer ~

    Wrongful-Death.pngA wrongful death claim is a suit that arises from the death of an individual that was caused by the negligent, reckless, or malicious conduct of another.

    A wrongful death suit is different from other types of personal injury claims because the victim (the "decedent") is not bringing suit; rather, it is the victim's family members or estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim.

    We understand that no amount of money can make up for the loss of a loved one. However, we help our clients achieve financial security so they can focus on recovering from their loss.

    Continue reading "San Diego Wrongful Death Lawyer ~" »

    February 13, 2012

    Personal Injury Attorney Brawley ~

    Brawley Injury Lawyer.jpgYou may or may not be aware that personal injury incidents occur every day. However, the majority of victims are unable to recover money for their damages, which include their injuries, medical bills, loss of earnings, and pain and suffering. Regardless of whether one's injuries are major or minor, there is one commonality - they may be caused by someone else's negligent or reckless behavior.

    Maybe you have experienced a slip and fall accident because an employee of a company failed to clean up a spill or to warn of the dangerous condition. Maybe you were the victim of a car accident because someone carelessly ran a red light through an intersection. Perhaps you were injured by the purchase of a defective product which didn't function correctly. In each of these scenarios, someone else was responsible for your injuries, and should be held accountable. It is only fair that the responsible person or company should pay for your damages.

    If you or a loved one are a Brawley personal injury victim, an experienced personal injury attorney can help to determine whether or not you have a valid claim.

    Continue reading "Personal Injury Attorney Brawley ~" »

    February 12, 2012

    Traumatic Brain Injuries From San Diego Auto Accidents ~

    Brain2.jpgBrain injuries can result from many types of accidents, including motor vehicle crashes, physical abuse, falls, gunshot wounds, or explosions occurring in dangerous occupations.

    What is Traumatic Brain Injury?

    Every 15 seconds, someone in the U.S. sustains 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 a traumatic brain injury. This number is higher than the combined cases of Alzheimer's disease, Parkinson's disease, and Multiple Sclerosis.

    TBI occurs when a sudden physical impact 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:

  • Unconsciousness

  • Headaches

  • Dizziness

  • Confusion

  • Slurred speech

  • Blurry eyesight

  • Convulsions

  • Ringing in the ears
  • 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 TBI lawyer skilled in handling brain injury lawsuits is key. 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 compensation.

    February 11, 2012

    Whiplash! Do I Need An Attorney?

    The following is a guest post by Steven M. Wachs, D.C.
 of Wachs Chiropractic Health Center
    dr_wachs.jpg
    When you hear the word, "whiplash," it brings to mind many different thoughts - motor vehicle collision (MVC), neck pain, headaches, concussion, jaw pain, litigation, car damage estimates - possibly a new car, medical costs, doctor's appointments, sleepless nights, and more.

    Questions typically asked when a MVC occurs include the following: 1. Do I need to get an attorney? 2. What can I expect for recovery time from my neck pain? 3. Why is it taking so long to get my car fixed? 4. Should I talk to the insurance company when they call? 5. I have to give a deposition next week. What is that? 6. My case didn't settle and we're going to court. How do I prepare for that? 7. The insurance company is offering $XXXX.XX for a settlement. What do you think my problems will be down the road? Let's take a look at these!

    1. Should you obtain the services of an attorney? If you want to significantly reduce your stress when it comes time to negotiating with the insurance company, especially towards the end of the process, then YES! Needless to say, you HAVE TO seek counsel if you plan to not settle and need to go to court. However, you do not have to get an attorney immediately unless you just don't want to deal with the insurance company at all. Typically, it's worth having an attorney as they are experienced in "...the process."

    2. Recovery from neck pain can vary between a simple strain to a herniated disk that may require surgery. We recommend you ask us this question about once a month, as it will help you decide about this as well as questions 1 and 7.

    3. The insurance company may delay the payment of the car repair costs for a number of reasons. Until the insurance company inspects the car's damages, they will not authorize the repair shop work, which can take weeks!

    4. If you have hired an attorney, he/she will communicate for you. If not, it is appropriate for you to communicate with the insurance company. The important thing is to NOT settle the claim until you're sure you can do all of your pre-MVC activities without difficulty or pain, which often can take a full year or more.

    5. These are called "discovery depositions" where you will be asked questions about the accident such as, where you hurt, what you can and can't do since the MVC, what tests and treatment you've received and what the results were. Your attorney will tell you the strengths and weaknesses of your case. The deposition "process" is quite easy and there is no reason to feel intimidated. Most attorneys are very courteous and will treat you kindly so don't worry unnecessarily!

    6. Preparing for court is similar except you can't ask questions - they ask & you answer! Your attorney will tell you to answer only the question being asked and your attorney will later be able to ask you to clarify what was "left out." Always be kind, courteous, and NEVER let the other attorney get you angry!

    7. See #2 above. If you have ongoing radiating pain in your arm (from your neck) or leg (from your low back), the "prognosis" for complete recovery is less favorable. Similarly, if you have ligament damage in your 
neck, there will probably be an accelerated pace of arthritis formation that may not bother you much for 5-10 years or longer, but may later in life. We, as your expert witness, will describe your "impairment" and bring this to the jury's attention.

    We hope this information is appreciated! We realize that you have a choice in where you go for your health care needs. We truly appreciate your consideration in allowing us to help you through this potentially difficult process.

    Steven M. Wachs, D.C.
    Wachs Chiropractic Health Center
    Certified Chiropractic Sports Physician (C.C.S.P.)
    
Qualified Medical Evaluator (Q.M.E.)

    Independent Medical Examiner (I.M.E.)
    359 Third Avenue, Suite B

    Chula Vista, CA 91910

    Member of Pacific Coast Injury Group

    Continue reading "Whiplash! Do I Need An Attorney?" »

    February 10, 2012

    San Diego Medical Care On A Lien ~

    Medical Team.jpgHave you or a loved one been injured in an automobile accident or personal injury incident, but don't have health insurance or state assistance to pay for your medical treatment? Some medical professionals will treat a patient on a medical lien basis. A medical lien can extend the amount of time allowed for payment of your medical bills incurred due to an accident. If you have a personal injury attorney">personal injury attorney representing you, then he/she can sign a medical lien on your behalf, so that you can receive the approproriate care and treatment.

    A medical lien is a written agreement between a patient and medical care provider. The doctor agrees to perform necessary medical treatment in return for a guarantee by the injured patient that he/she will pay the doctor's bills from the personal injury settlement.

    It is your duty to receive proper health care to ensure that your injuries don't worsen. If your injuries worsen due to your own neglect, then YOU will be held responsible for the worsening of your injuries, and not the person who caused the injuries. Therefore, it is essential that you seek prompt medical treatment in the aftermath of an incident caused by the negligence of another.

    If you don't yet have an attorney and are unsure as to what you should do, then your best bet is to contact a personal injury attorney to discuss your options. The attorney can best advise you as to how to proceed with your claim and assist you with obtaining appropriate medical care and treatment.

    Continue reading "San Diego Medical Care On A Lien ~" »

    February 9, 2012

    Wrongful Death Motor Vehicle Accidents In Northern San Diego ~

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

    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 In Wrongful Death Actions

    Compensatory damages comprises 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

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

    Continue reading "Wrongful Death Motor Vehicle Accidents In Northern San Diego ~" »

    February 8, 2012

    Is Your Coffee Too Hot?

    mcdonalds-canada-free-coffee.jpgYou may have heard about the McDonald's hot coffee lawsuit where the victim recovered millions of dollars for a coffee spill to her inner thighs. The word "frivolous" may come to mind; however, the reality is this. Americans have been duped by the numerous falsehoods and myths spread by American insurance companies and corporations. These businesses have spent millions of dollars to mislead the American public about what really transpired. The claim was not frivolous, and was, alternatively, very serious in moulding the public's perception about what it perceives to be significant versus not so serious.

    The Facts Tell A Different Story

    Unfortunately, the McDonald's burning coffee story's facts are no laughing matter. Plaintiff Stella Liebeck sustained significant third-degree burns to her groin, inner thighs, and buttocks, and was hospitalized for eight days. She underwent numerous painful skin graft procedures and the 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 McDonald's 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 similar to Ms. Liebeck's. McDonald's clearly knew about its coffee hazard. McDonald's also knew that it heated its coffee to a scalding 185 degrees (!), even though beverages served above 140 degrees are/were considered to be a burn hazard.

    The McDonald's Coffee Burn Jury Award

    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 (which was minimal - only equal to two days' worth of McDonald's world-wide coffee sales). That amount was eventually reduced to $480,000. The trial judge said that McDonald's conduct was reckless, willful, and callous, and jurors expressed similar sentiments in post-trial interviews.

    Eventually, Ms. Liebeck and McDonald's entered into a post-verdict settlement.

    Continue reading "Is Your Coffee Too Hot?" »

    February 7, 2012

    Oceanside Wrongful Death Claims ~

    Wrongful-Death.pngBeing 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 Oceanside 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 occurs.

    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 "Oceanside Wrongful Death Claims ~" »

    February 6, 2012

    San Diego Dog Attack Injuries & How To Prevent Them ~

    dog_bite_banner.jpgThe statistics on dog attacks are startling. There are an estimated 75 million dogs living in the United States today. According to the Centers for Disease Control and Prevention (CDC), almost 900,000 people seek medical attention for dog bite injuries each year and thousands of dog attacks are unreported.

    In 2009, 32 people were killed in dog attacks nationwide. Nearly half of all American children are bitten by the time they turn 18. In fact, attacks on children account for nearly fifty percent of all reported bite-related injuries and seventy-nine percent of all bite-related fatalities.

    Dog attacks are responsible for some of the most gruesome personal injuries, particularly when children are involved. Dog bite injuries frequently result in infection, permanent scarring, disfigurement, and lasting nerve damage, in addition to the substantial psychological harm caused by an encounter with a vicious dog. Dog bite injuries can have a devastating impact on the victim's quality of life for years to come, often resulting in the following:

    • Wound infection

    • Sepsis

    • Cosmetic deformity requiring reconstructive surgery

    • Loss of limbs

    • Loss of motor function

    • Nerve damage

    • Death

    Dangerous Breeds Of Dogs

    The most dangerous breeds of dogs include labradors, pit bulls, shar peis, german shepherds, rottweilers and dobermans. In fact, pit bulls and labradors are responsible for nearly half of the dog attacks in the United States each year. Even the most docile breeds can attack without warning, however. Dogs that are unaltered are far more likely to bite than animals that have been spayed or neutered.

    Compensation For Victims

    When dog attacks occur, the victims are entitled to compensation for their pain and suffering, medical expenses, and time missed from work while recovering from their injuries. The majority of dog bite injury claims are paid by the dog owner's insurance company, because most attacks occur on the owner's property. In fact, dog bite claims account for 33% of homeowners' insurance policies.

    It is not a good idea to attempt to negotiate a fair settlement with an insurance company without the assistance of an experienced dog bite injury attorney. An attorney can fight to ensure that you receive the highest possible compensation for your or your child's injuries. If you need advice regarding your dog bite injury, call Kerckhoff Law, APC at (866) 606-3059 today.

    Continue reading "San Diego Dog Attack Injuries & How To Prevent Them ~" »

    February 5, 2012

    Imperial County Dog Bite Attacks ~

    dog_bite_banner.jpgCalifornia is one of the states which has a strict liability dog bite statute. The statute 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 whether or not the dog had ever been vicious before and 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 El Centro dog bite attacks, 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 "Imperial County Dog Bite Attacks ~" »

    February 4, 2012

    San Diego Child Safety ~

    Child Safety Sign.jpgHave you ever left your children under the supervision of another person? With someone at your child's school, at your church, or at another event? If so, you may have felt uneasy about that decision. Sometimes we as parents or guardians feel unsure about a decision that involves leaving our children somewhere else, and this may be because we know that our children are ill-equipped to keep themselves safe wherever they go.

    Children deserve care and attention, no matter where they are or what they are doing. Parents or guardians of children who have been involved in an accident due to unsafe conditions should contact a lawyer who is familiar with injury accidents involving children.

    Many parents are not aware of how to speak with their children about certain issues. Children understand subjects that they can immediately associate with. Parents should avoid using only words such as "good" and "bad" to explain something. Instead, parents should indicate why something is good or bad by explaining the consequences that certain actions have, how those actions relate to their child, and by being concrete regarding how he or she should handle themselves when faced with an unsafe situation.

    Tips To Discuss With Your Children:

    Wash your face and hands: You don't want to catch an illness or disease that another child has and you don't want to spread whatever you have to another child.

    Don't talk to strangers: If an adult you don't know approaches you asking questions, tell him you first have to ask your mom (or your teacher or whichever adult is nearby), and then leave to go find that person.

    Continue reading "San Diego Child Safety ~" »

    February 3, 2012

    Brain Injury Accidents In San Diego ~

    tbi_banner.jpg
    Every 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 incident occurs.

    Head injuries occur when the brain is struck with sudden physical force, such as when one's head hits the dashboard or windshield in a car crash. 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 important 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 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 "Brain Injury Accidents In San Diego ~" »

    February 2, 2012

    El Centro Dog Bite Attacks ~

    Dog Vicious.jpg
    Dog bite injuries are unfortunately common with certain breeds of dogs - in particular, pit bulls. These dogs can 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 that states that the owner of a dog is liable for damages (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 has ever bitten before or shown aggressive tendencies. In California, the dog doesn't get "one bite free."

    In dog bite injury cases, it is essential that measures be taken promptly to preserve evidence, investigate the incident in question, and to enable physicians or other expert witnesses to thoroughly evaluate all injuries. The injuries should be immediately photographed, in order to document the evidence.

    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, under circumstances where a relative witnesses the attack on a loved one, the relative may also have a claim for the emotional distress suffered by observing the dog bite attack.

    Also, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is a 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 case.

    Continue reading "El Centro Dog Bite Attacks ~" »

    February 1, 2012

    San Diego Pedestrian Accident Lawyer ~

    Pedestrians - 2 Kids.jpgThe County of San Diego has many people walking on its 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 versus motor vehicle crashes. This equates to approximately 12 people killed each 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:

  • 70% of pedestrians killed in 2008 were males

  • Almost three out of every four pedestrian fatalities occur in urban areas (72%)

  • The top four states involving pedestrian fatalities are California, Texas, Florida, and New York - which make up 42% of the nationwide pedestrian fatalities

  • Nearly one-half (48%) of all pedestrian fatalities occurred on the weekend (Friday, Saturday, and Sunday - 16%, 18%, and 14% respectively)

  • 70% of pedestrian fatalities occurring on Friday, Saturday, and Sunday took place at night (4 p.m. to 4 a.m.)

  • 38% of the 316 young pedestrian fatalities (under age 16) occurred in crashes between 3 p.m. and 7 p.m.

  • PedestrianYellowSignOnRoad.jpg
    Causes Of Pedestrian Crashes

    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 assist with pedestrian accidents caused by:

  • Speeding drivers

  • Negligent drivers

  • Drunk drivers

  • Reckless drivers

  • Drivers distracted by cell phones
  • 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.

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