San Diego whiplash injury lawyersWhiplash is classified as an injury to the soft tissues in the neck (muscles, tendons, and ligaments). Most frequently experienced in low-speed, rear-end crashes, such injuries can take weeks, months, or even years for victims to heal. Learn more about the symptoms, treatment, and prognosis of whiplash injuries, and discover what your rights are in terms of compensation.

Recognizing the Symptoms

Although whiplash victims may experience some form of stiffness or pain in the neck immediately after the accident has occurred, the real pain and inflammation typically start one to a few days later. Victims may notice they have both limited mobility and pain in the neck area. However, in some cases, whiplash may also result in tingling or pain in one or both arms, face, and in between the shoulder blades. Some victims also experience ringing in the ears, headaches, dizziness, poor concentration, insomnia, blurred vision, memory problems, and pain that extends into the lower back area.

Whiplash Prognosis

While some victims may recover from their injuries after a few months, a year, or a few years, others may suffer from long-term or even chronic whiplash. For these victims, there may be a long-term loss of income, costly medical bills, and even issues with depression, yet the most frustrating part for these victims is the lack of validation. Insurance companies often refute the validity of chronic injuries, and they may attempt to entirely dismiss the victim’s claim. Doctors may be unable to find any identifiable damage, and even family and friends may accuse the individual of trying to “milk” the system. Rest assured: these injuries are real, and they may be compensable if negligence was the cause.

Whiplash Treatment

Treatment options for whiplash typically include rest and stabilization of the neck. Pain medication may also be needed to help manage a whiplash victim’s symptoms during the healing process. Some victims may also need physical therapy, massage, or chiropractic care to achieve any form of relief. Currently, there are no forms of additional treatment for chronic sufferers; instead, they may spend years going through the same treatments, with little to no progress. In these instances, emotional therapy or antidepressants may also be needed.

Pursuing Compensation for Your Injuries

If you or someone you love is suffering from whiplash injuries after an accident, contact Martinez & Schill, LLP for an analysis of your case. Dedicated and experienced, we will aggressively pursue the most favorable outcome possible in your auto accident injury case. Learn more by scheduling your personalized consultation with our San Diego whiplash injury lawyers. Call our offices at 619-512-5995 today.

Source:

http://www.mirror.co.uk/lifestyle/how-long-does-whiplash-last-10252968

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San Diego auto accident lawyersAlthough most children who suffer from a traumatic brain injury (TBI) make a full recovery, those with moderate to severe cases may experience long-term effects. This information, outlined in a new study, is one that parents should be aware of when pursuing a personal injury case. Learn more about the lasting consequences of a head injury, and what you can do if one happens to your child during an auto accident, bicycle accident, or pedestrian accident.

Lasting Effects of Moderate TBI

Published in the November issue of Pediatrics, the recent study examined the long-term effects of traumatic brain injury in a total of 729 children. To determine each child’s pre-injury status, researchers conducted phone interviews with parents. Children were then assessed at three months, one year, and two years after their injury to determine if the child had any issues with:

  • Depression,
  • Interacting with other children,
  • Memory,
  • Concentration,
  • Holding a conversation, and
  • Daily living activities (brushing their teeth, using the toilet, etc.).

Results of the TBI group were then compared to the results of 197 children who had suffered arm injuries over the same time-period (2007 to 2008).

Overall, about 85 percent of the children suffered some form of trauma after their injury, and some continued to have deficits after three months. Thankfully, those with minor injuries seemed to overcome such challenges by the end of the study – but that was not the case with all the participants.

Severe TBI and Diminished Quality of Life

At the end of the two-year study, children who had experienced mild injuries with hemorrhaging, moderate injuries, and severe injuries still faced challenges in their day-to-day life. More specifically, they struggled in school, in sports, and in their daily activities. The most severely injured were also said to experience a quality of life that is lower than that of children undergoing chemotherapy for cancer.

Protecting Your Child from Injury

Sports were said to be a common cause of traumatic brain injury among young children, but so were auto accidents. As such, parents should ensure their child is always properly secured in a vehicle. Parents can also protect their children by ensuring they understand pedestrian and bicycle safety (i.e. wearing a helmet, only crossing the street with an adult, etc.).

If an accident or injury does occur, parents are encouraged to contact Martinez & Schill, LLP for legal assistance with their case. Dedicated and experienced, we protect the rights of accident victims and always pursue the most favorable outcome possible. Learn more by scheduling a consultation with our San Diego child injury lawyers. Call 619-512-5995 today.

Source:

http://health.usnews.com/health-news/family-health/brain-and-behavior/articles/2011/10/27/children-with-head-injuries-can-face-lifetime-of-problems

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California distracted driving accident lawyersAt the start of 2016, California passed a law that banned even holding a cell phone while behind the wheel. The aim was to hopefully cut back on the state’s distracted driving problem. Has it worked, or are drivers simply becoming more skilled at not getting caught? Unfortunately, there are a few studies suggest the latter. Learn more about the ineffectiveness of cell phone bans, and discover what you can do if you or someone you love is injured in a distracted driver accident.

Cell Phones May Not Be the Cause of Unsafe Driving

Cell phone use while driving has increased dramatically over the last several years, but does that mean cell phones are responsible for the dangerous driving behaviors? One study says no, and, instead, suggests that such drivers may already be unsafe behind the wheel.

A total of 108 drivers were questioned and tested in the study. First, they were asked about their cell phone use. Then, without a cell phone available, they drove a high-tech SUV down a 40-minute stretch of highway.

Upon reviewing the driving tests, researchers determined that drivers who reported “frequent” cell phone use behind the wheel were, overall, more aggressive drivers. They drove faster, changed lanes more frequently, spent more time in the left lane, used hard braking maneuvers, and performed rapid accelerations far more than drivers who reported “rare” cell phone use behind the wheel.

The verdict?

Cell phone users may already be inherently dangerous drivers; cell phones may simply give them yet another bad behavior to engage in while driving.

More Evidence to Suggest Cell Phones Are Not the Problem

While some data on traffic records indicate that accidents related to cell phones have decreased in California since the original cell phone ban (which only barred texts and calls), others have found exactly the opposite. Who is correct?

It depends on the kind of data you examine.

Fatalities may have decreased, a UC Berkley study found, but injury rates may have risen, a Rand-Colorado study says. Then there are factors like gas prices, weather, and economy that can affect how many people are on the road. Whatever way you decide to analyze it, one thing is clear: distracted driving, with or without cell phones, continues to be a serious issue in California. To remedy it, there needs to be more than a cell phone ban in place.

Contact Our San Diego Distracted Driving Accident Attorneys

If you or someone you love has been injured or killed by a distracted driver, contact Martinez & Schill, LLP for assistance with your case. Dedicated and experienced, our San Diego distracted driving accident attorneys will fight for the most compensation possible. Get the representation you deserve and schedule a personalized consultation. Call our office at 619-512-5995 today.

Sources:

http://www.sciencemag.org/news/2012/08/why-cell-phone-bans-dont-work

https://www.extremetech.com/extreme/193013-banning-mobile-phones-in-cars-saves-lives-no-it-doesnt-yes-it-does-no-it-doesnt/

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San Diego spinal injury lawyersStatistics from the National Spinal Cord Injury Statistical Center indicate that there are approximately 17,000 new spinal injury cases per year. Many of them were the result of a serious accident, such as a motorcycle accident, car accident, bicycle accident, or pedestrian accident. All of them are at risk for serious and life-long complications. Learn more about the challenges that spinal injury victims face, and how some might be eligible for compensation.

Immediate Consequences and Complications

Spinal injuries can range drastically in severity, going from a minor impairment that may limit the use of the lower extremities or cause a loss of sensation to those that leave the victim bedridden. Some may recover at least some of their motor skills or sensations. Others may never heal. Regardless, the immediate consequences and complications are often similar.

Victims are likely to need extensive medical care, which can result in costly medical bills. They may be unable to walk or care for themselves. Many must also endure the pain and frustration of physical therapy, and depression is extremely common, especially in the initial weeks and months after the accident. In addition, spinal injury victims may have an overall diminished life expectancy because of the long-term complications that may arise.

Long-Term Consequences and Complications

The long-term consequences and complications that spinal injury victims experience are often dependent upon the severity of their injury and the amount of healing they do or do not achieve. For example, individuals who suffer cervical spinal injuries may be bedridden for the rest of their lives, which can place them at risk for conditions like pneumonia, septicemia, and bed sores. Individuals who have only lost partial use of their lower extremities may, instead, be at risk for conditions like urinary tract infections and other diseases of the genitourinary system.

Re-hospitalization is common, even for those that seem to do well in the months after injury. Further, the victim may be unable to return to work, may require round-the-clock assistance, or may experience debilitating depression. These issues can drive up the costs that they experience from their injuries. Thankfully, situations involving negligence may be compensable.

Contact Our San Diego Spinal Injury Lawyers

If you or someone you love has experienced a spinal injury caused by negligence, contact Martinez & Schill, LLP for assistance. Our San Diego spinal injury lawyers aggressively protect the rights of victims and always pursue the most favorable settlement possible. Learn how we can assist with your case by scheduling a free initial consultation. Call 619-512-5995 today.

Source:

https://www.nscisc.uab.edu/Public/Facts%202016.pdf

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San Diego truck accident lawyersLarge, heavy, and difficult to stop, accidents with semi-trucks are often catastrophic. They are also likely to result in severe or fatal injuries for the victims involved. Sadly, many of them can be prevented. Learn more about the causes of semi-truck accidents, and how you may be entitled to compensation if you or someone you love has experienced an injury or fatality, with help from the following information.

Other Road Users a Common Cause

Perhaps one of the most disturbing statistics regarding truck accidents is the sheer number caused by other road users. Often unaware of the limitations of a semi, these drivers may:

  • Drive in the truck’s blind spot,
  • Move to the right of a truck trying to make a right turn,
  • Pull in front of the truck to merge into traffic,
  • Not accelerate quickly enough while merging into traffic in front of the truck,
  • Misjudge the truck’s approaching speed and try to cross or turn in front of it,
  • Abruptly change lanes in front of the truck,
  • Try to pass the truck and get caught in its crosswind,
  • Park a disabled vehicle without fully getting it onto the shoulder, and
  • Drive between large trucks.

In these types of accidents, the driver of the other vehicle may be considered negligent. Sadly, though, they may injure more than just themselves. The truck driver and other road users around the truck are also at risk. Should any of them experience injuries, the vehicle driver may be held liable. However, an investigation would need to be done to determine the direct cause and of the accident. Further, the driver of the truck may have also acted negligently, which creates yet another layer of complexity for injured victims.

When a Truck Driver is Negligent

Although commercial truck drivers are trained to safely maneuver through traffic, not all act responsibly. In fact, drunk and drugged driving are common issues. Distracted driving also occurs. Furthermore, the driver may have failed to follow basic safe driving rules, such as not practicing defensive driving, speeding, or not getting enough sleep. Health complications, such as sleep apnea may also be an issue. In such situations, victims may be eligible for compensation from the driver. Keep in mind, however, that an investigation may still be needed, and there may be other negligent parties involved (i.e. the trucking company, a loading company, etc.).

Contact Our San Diego Truck Accident Lawyers

If you or someone you love has been injured or killed in a semi-truck accident, contact Martinez & Schill, LLP. Dedicated and experienced, our San Diego truck accident lawyers will fight for the most compensation possible. Learn more by scheduling a free initial consultation. Call our offices at 619-512-5995.

Source:

https://www.fmcsa.dot.gov/safety/research-and-analysis/large-truck-crash-causation-study-analysis-brief

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San Diego personal injury lawyersBefore cars, roads were made for people and bicycles. Now there are entire cities where the roads are well-designed for motorized vehicles, but not for the road users who are biking or on foot. Sadly, this has created a sort of baseline for the deaths and injuries among pedestrians and cyclists throughout the country. Now, with the distracted driving issue, those numbers are increasing. Learn what you can do if you or someone you love is injured in a pedestrian or bicycle accident in California.

The Concerning Statistics

In March of 2017, the Governors Highway Safety Association released a statement on the concerning increase in pedestrian deaths over the last year – a whopping 11 percent, which amounts to about 6,000 fatalities. This is just six years after a 2011 study had determined that pedestrian deaths were up three percent from the previous year. Not all pedestrian accidents result in death, however; there are many more accidents that result in serious injury to the victim.

Serious accident injuries can keep the victim from working, or they may result in significant temporary or lifelong disability. Either situation can place their family at a serious risk for financial devastation. Both may entitle the victim and their family to compensation. Bicyclists, who are at an increased risk of death or serious injury in a car crash, may also be entitled to compensation.

Compensation for a Pedestrian or Bicycle Accident

While victims do not have to seek out an attorney for their case, it is highly recommended. Not only will doing so ensure that the victim’s rights and best interests are protected throughout the entire legal process, but it can also relieve some of the stress for victims and their families. An attorney can also decrease the risk of a denied, delayed, or reduced payout. So, if you or someone you love has been injured by a driver while walking or biking, seek legal assistance for compensation related to your:

  • Medical bills,
  • Pain and suffering,
  • Lost time at work,
  • Loss of vitality,
  • Loss of a loved one, and
  • Disability.

Contact Our San Diego Personal Injury Lawyers

If you are looking for an aggressive but compassionate advocate to assist you in your pedestrian or bicycle accident case, contact Martinez & Schill, LLP. Dedicated to protecting your best interests and committed to helping you receive the compensation that you deserve, our San Diego personal injury lawyers will fight for you. Schedule a personalized consultation to learn more. Call our offices at 619-512-5995 today.

Source:

http://www.npr.org/2017/03/30/522085503/2016-saw-a-record-increase-in-pedestrian-deaths

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San Diego personal injury lawyersWhen a victim is injured in an accident, or because of someone else’s negligent actions, they have the right to file a personal injury claim against the negligent party. Of course, accidents are not always the fault of just one person. The injured victim may have also acted negligently, which means they ultimately contributed to their own injuries. California uses comparative negligence to balance fault with the actual recovery amount that victims receive. The following information can help you learn more about this law, including how it may impact your case.

What is Comparative Negligence?

Comparative negligence is considered a defense in personal injury cases. It may be used by either the negligent party or their insurance provider to reduce the settlement payout. To be successful in using this defense, the defendant must be able to show that the victim was at least partially responsible for the accident and that the negligent actions of the victim were a substantial factor in the accident that caused the injury. If the defendant can, in fact, provide proof, the victim’s payout amount would be reduced by the percentage of his or her fault.

As an example, a victim who is hit by an intoxicated driver may be able to seek compensation. If the victim happened to be using their cell phone behind the wheel, they could be named partially at fault for the accident. Ultimately, their payout could be reduced by the amount of their fault (i.e. a settlement of $100,000, if reduced by 40 percent for comparative fault, would amount to a $60,000 payout for the victim).

California’s Pure Comparative Negligence

Comparative fault is not the same in every state. Some states have a cap on the amount of negligence a victim can hold before they forfeit their payout (typically 50 percent). Even California used to have different rules. Previously, the state was considered a contributory one, which meant a victim could not receive compensation if they were even partially at fault for an accident (as little as 1 percent). Thankfully, that law was replaced with comparative fault in 1975. Now a victim can receive compensation for an accident, even if they are 99 percent at fault. Of course, that would mean the victim would only receive the 1 percent in damages, but in many instances, that one percent is worth pursuing.

Contact Our San Diego Personal Injury Lawyers

If you or someone you love has been injured in an accident, contact Martinez & Schill, LLP for assistance. Dedicated and experienced, our San Diego personal injury lawyers will aggressively protect your rights and fight for the most compensation possible. Learn more about how we can help with your case by scheduling a personalized consultation. Call us at 951-200-4630 today.

Sources:

https://scholar.google.com/scholar_case?case=10387250218937350046&hl=en&as_sdt=6,47

https://scholar.google.com/scholar_case?case=5855954971418840023&hl=en&as_sdt=6,47

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1714.&lawCode=CIV

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California car crash lawyersWhen a car crash results in the death of a pregnant mother and her child, the surviving family takes a double hit. Not only have they lost a loving mother or wife, but they have also experienced the loss of an unborn child or sibling. Unfortunately, there are some confusing elements to the personal injury laws in California that could impact the compensation payout for such cases. Learn more with help from the following information.

Wrongful Death of the Mother

When an expectant mother is killed in an auto crash caused by the negligence of another, the family has the right to pursue compensation. Negligence can include distracted driving, drunk driving, speeding, reckless driving, and more. Elements that may be covered under compensation can include:

  • Loss of income,
  • Loss of life,
  • Loss of companionship for surviving spouses,
  • Loss of relationship with deceased parent (minor children), and
  • Pain and suffering.

To improve the overall outcome of a case, and to reduce the stress that the surviving family experiences, it is highly recommended that victims seek experienced legal assistance with their claim. Doing so can also decrease the risk of a denied or underpaid claim.

Wrongful Death of the Fetus

Because a fetus has not reached “person” status under California state law, compensation is rarely awarded to families for the wrongful death of an unborn child. This unfortunate truth remains, despite the perceived viability of the fetus. However, there may be extenuating circumstances that could result in compensation (i.e. the fetus is born alive but then dies shortly after). Preemptive injuries are also a rarity for families that experience injury to an unborn fetus, but each case is unique, and yours may contain elements that make a pre-birth injury compensable. An experienced attorney can examine your case and help determine your options.

Navigating the Painful and Complex Claims Process

The loss of a family member is painful, and the loss of two family members is downright devastating. Thankfully, you do not face your claim alone. Instead, you can seek the experienced assistance of Martinez & Schill, LLP. Understanding of the extreme loss you and your loved ones have suffered, our San Diego wrongful death lawyers will protect your family’s rights and best interest. In every situation, we aggressively pursue the most favorable outcome possible. Schedule your free initial consultation to get started. Call 619-512-5995 today.

Sources:

http://www.nydailynews.com/news/national/man-prior-duis-kills-father-unborn-baby-car-crash-article-1.2966419

http://www.nbcsandiego.com/news/local/5-Month-Pregnant-Woman-Her-Baby-Killed-in-Oceanside-Car-Crash-PD-420415413.html

ftp://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0801-0850/sb_850_cfa_20070425_131909_sen_comm.html

https://www.ncbi.nlm.nih.gov/pubmed/11664965

 

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San Diego taxi cab accident lawyersPassengers in taxicabs are at just as much risk for an accident as other vehicle passengers. Unfortunately, there are some extra unique challenges that cab passengers may face when they attempt to pursue a taxicab accident claim. The following explores some of these little-known obstacles and explains how you may be able to overcome them in your case.

Cab Drivers Are Held to Higher Safety Standards

Taxicabs are considered “common carrier” vehicles. Because of this, the state of California holds them to a higher standard of safety. Even the smallest amount of negligence could make the driver responsible for the injury of a passenger, pedestrian, or another road user. Drivers and cab companies are also required to maintain their vehicles to ensure safety. Again, any failure to do so could make them liable for the injuries that a passenger experiences.

Drivers May Not Be Employed by the Company

Unlike other “common carrier” drivers, taxicab drivers are not always employed by a specific company. Instead, many are independently contracted and are only affiliated with the company listed on the side of their vehicle. This can create some complexities in pursuing a claim, and victims often struggle to make it through this confusing process.

Lack of “Employment” May Not Excuse the Cab Company from Liability

Taxicab companies may not always employ their drivers, but that does not necessarily excuse them from fault. There may still be circumstances in which they could be considered liable. For example, if a cab company contracts a driver with a history of driving under the influence and a passenger is injured because of driver intoxication, the company could be held liable.

Multiple Parties Could Be Considered Liable

Cab drivers may not be the only negligent party in a taxi cab accident. Other drivers, pedestrians, truck drivers, and other individuals could also be responsible. While this could ultimately increase a victim’s compensation, it can also increase the complexity of the claim.

Not pursuing one or more negligent parties for compensation could reduce the overall payout. As an example, consider an accident in which the cab driver is considered only thirty percent negligent; the victim may receive a settlement, but the settlement would have been far more if they had pursued the party who holds the additional 70 percent of the fault.

Contact Our San Diego Taxicab Accident Lawyers

At Martinez & Schill, LLP, we fight for the rights and best interests of accident victims. Seasoned and experienced, we can handle even the most complex of personal injury cases. Schedule your consultation with our San Diego taxicab accident lawyers to learn more about how we can help with your case. Call 951-200-4630 today.

Source:

http://www.sfgate.com/business/article/SF-jury-finds-Yellow-Cab-liable-for-8M-accident-6352539.php

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California hit-and-run accident attorneysFew things are more frightening, or harder to deal with, than a hit-and-run accident. Not only were you in an accident and perhaps injured, but you also may not have any idea who crashed into you. Worse yet, you may not have even seen the other vehicle, which could complicate the claim filing process. Thankfully, there are some steps you can take after a hit-and-run accident. Learn them here, and discover where you can find assistance.

Check for Signs of Injury

Your first inclination might be to try and chase down the other driver or talk to nearby witnesses to see who hit you. Unfortunately, following this instinctual desire could make serious injuries worse. Often, adrenaline masks the symptoms of pain or injury, so before you step out of your car, take a few deep breaths and assess your body. Does anything hurt? Are you bleeding? Did you hit your head during the crash? Immediately call emergency responder if you notice any pain, bleeding, or believe you may have suffered a head or neck injury.

Call the Authorities

While it is likely that a nearby witness has already called the police, you should not rely on them to do so. Instead, call them yourself. Let them know where you are, and inform them if your vehicle is blocking traffic but cannot be moved. You should also notify them if you suspect injuries but believe them to be minor. In most cases, they will go ahead and send emergency responders, just to be safe.

Talk to Witnesses and Collect Information

Once you have determined that you are not in immediate danger from any potentially serious injuries, it is safe to talk to potential witnesses of the accident. Gather as much information as you possibly can, including what they saw and their name, phone number, and address. Their testimony may be critical to your case.

Seek Further Medical Attention

Emergency responders tend to deal with serious or potentially fatal injuries. To ensure you are not at risk for insidious injuries that cannot be seen, and to establish a point of injury for other, less severe injuries, it is important to seek additional medical treatment from your doctor. This visit should be made, even if you do not believe you have suffered from anything more than bumps and bruises; internal bleeding, head injuries, and conditions like whiplash can easily be missed by an emergency responder or even you, the victim.

Contact an Experienced San Diego Car Crash Lawyer

Although you can file a personal injury claim on your own, it is highly recommended that you seek the experience and assistance of a knowledgeable personal injury lawyer. Not only does this improve your odds of receiving a fair claim for your injuries, but it could also make the difference between an award of compensation and a denial of your claim. Dedicated to your best interests, our San Diego car crash lawyers at Martinez & Schill LLP will fight for the most compensation possible. Schedule your free consultation by calling 619-512-5995 today.

Sources:

http://abc30.com/news/driver-flees-scene-after-major-crash-near-orosi-leaves-several-injured-police-say/1905124/

https://www.esurance.com/info/claims/hit-and-run-claims

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