San Diego Personal Injury Lawyers Blog

You 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.

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Have 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 ~" »

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.

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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.

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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 ~" »

Most auto accidents in El Centro result from driver negligence. Under the law of negligence, all drivers have a duty to exercise reasonable care in the operation of a motor vehicle on public streets and highways in the United States. Failure to exercise reasonable care may give rise to legal liability in auto accident cases. When determining whether a driver was negligent, courts will look to various factors, including the following:

•Was the driver speeding at the time of the accident?

•Was the driver under the influence of drugs or alcohol?

•Was the driver distracted, using a cell phone, or text messaging?

•Did the driver fail to exercise caution, such as failing to signal before turning or failing to use headlights when appropriate?

•Did the driver disobey traffic laws, such as failing to stop at a red light or driving on the wrong side of the road?

•Did the driver disregard weather or traffic conditions?

•Was the driver engaging in reckless behavior, such as drag racing or aggressive driving?

The extent of the driver's negligence, along with the nature of the injuries sustained, will ultimately determine the amount an injured person may recover. In addition, the courts may consider the negligence of all parties involved in the accident, including the negligence of the injured person, in determining the amount of damages awarded.

In some states, the injured party may not have a claim where his or her own negligence was partially to blame for the accident. In other states, such negligence will only reduce the total amount which can be recovered. In all cases, it's important to have a knowledgeable attorney who will explain all possible avenues for recovery.

Evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience. A knowledgeable El Centro auto accident attorney can investigate every possible contributing cause of your accident to help ensure that you receive full compensation for your injuries. When you hire Kerckhoff Law, APC, we will take over the investigation of your case so that you can focus on recovering from your injuries. We can assist you in finding an appropriate medical specialist to treat you, and we can make arrangements with your medical care providers to wait for payment until your case is resolved through settlement or trial.

If you or a loved one is a victim of an automobile accident, call Kerckhoff Law, APC now at (866) 606-3059.

Continue reading "El Centro Automobile Accident Litigation ~" »

Vehicle accidents in the El Centro area and surrounding regions occur often, causing serious injuries and death to pedestrians and drivers. Incidents that occur on Imperial County roadways may be caused by distracted drivers, drunk drivers, vehicle defects and/or dangerous road conditions. Negligent drivers who cause accidents may be held financially liable for resultant injuries and deaths that they cause.

The El Centro auto accident lawyers at Kerckhoff Law, APC have represented hundreds of seriously injured victims of Imperial County car accidents in personal injury claims, including incidents occurring in Brawley, Calipatria, Holtville, Imperial, Seeley, El Centro, Calexico, Heber, Winterhaven, and Mexicali.

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Please contact Kerckhoff Law, APC for a free consultation if you or a family member has been seriously injured or killed in an El Centro automobile crash or Imperial County wrongful death incident.

The Imperial Valley Press reports that a Mexicali man was seriously injured in an auto versus motorcycle crash at the intersection of Carr Road and SR-7 this past Thursday at approximately 6:00 p.m. Jesus Zepeda was riding eastbound on his 2008 Italika motorcycle on Carr Road when Vanessa Mascareno, driving a Toyota, turned into Mr. Zepeda's path as she attempted to access the State Route 7 northbound on-ramp.

Mr. Zepeda was thrown from his motorcycle and later airlifted to Yuma Regional Medical Center with severe injuries.

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Investigation Of The April 7th Auto Versus Motorcycle Crash

California Highway Patrol officers are conducting an investigation into the cause of this crash. If Ms. Mascareno is found to be negligent for causing this accident, then she will be held liable for the damages she caused to Mr. Zepeda.

Damages In Motor Vehicle Claims

When someone suffers a personal injury, he/she will likely require medical attention and may need rehabilitation, all of which costs substantial sums of money. One may lose income (and/or have to use up "sick time") because of the injury, and may continue to lose income while treatment and recovery takes place. One may have sustained property damage to one's motorcycle or vehicle. While the vehicle is being repaired, a rental car may be necessary, and vehicle repairs and rentals cost money.

An injured victim may also lose the ability to perform various activities of normal daily living, for awhile or permanently, and may also endure significant pain and suffering, which may be ongoing as well.

The law permits one to seek recovery after an accident to "make you whole again." The central concept is that a victim should be compensated in a manner that returns one to the same position as before the accident. In most personal injury actions, the plaintiff must have been injured in some way to be entitled to damages. For example, in negligence cases, we must prove that the victim suffered injury (some type of physical, emotional, or monetary harm) for the defendant to be required to pay compensation. However, with some intentional torts (such as battery, assault, or trespass), we may only have to show that the defendant engaged in unauthorized conduct, without proving that the victim suffered actual physical harm, in order to recover damages (though damages in these situations are often nominal absent serious injury).

Three basic kinds of damages are awarded in personal injury cases: compensatory damages, punitive damages, and nominal damages.

Choosing An El Centro Motorcycle Accident Attorney

If you or a loved one has been injured or killed in a motorcycle crash, you may be entitled to compensation for your injuries and damages. Unfortunately, sometimes 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. Our Imperial County motorcycle 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 "Mexicali Auto vs. Motorcycle Crash On April 7th ~" »