San Diego car accident passenger injury lawyerPassengers in a motor vehicle rely upon their drivers to be attentive and responsible so that they can arrive at their destination safely. Unfortunately, drivers do not always meet these expectations.

If an accident occurs, a passenger may wonder what their legal options are. A passenger injured in a car accident can pursue legal action against the driver of their vehicle, the driver of another vehicle involved in the accident, or both. However, they must prove that their injuries are substantial and that one of the drivers involved was negligent in some way.

California is a pure comparative negligence state, which means the passenger does not need to prove a driver is 100 percent at fault in order to receive some compensation. It is important, however, for the passenger to act quickly, because they have only two years from the day they are injured to file a civil suit for the accident.

There are multiple factors that can be used to make a case that a driver was negligent, including:

  • Drugs and Alcohol – Alcohol and drug use can impair a driver’s ability to safely operate their vehicle, and this impairment can play a significant role in car accidents. If a driver is over the legal limit for blood alcohol content (BAC), they may face a driving under the influence (DUI) charge and be held responsible for any injuries to passengers. In California, it is also illegal for drivers to consume or smoke marijuana while on the road.
  • Traffic Violations – If a driver fails to follow driving laws, they may be liable for any passenger injuries resulting from a car crash. Courts will take into consideration traffic violations such as speeding or failing to signal when making a turn when deciding if a driver is at fault for an accident.
  • Condition of Driver’s Vehicle – Drivers are expected to maintain a safe vehicle. If a driver has failed to perform routine maintenance on their vehicle, or if they have delayed necessary repairs, a passenger may be able to use this information in a lawsuit after an accident occurs.
  • Distractions and Inattention – Drivers have a responsibility to pay attention to the roads, because their actions affect not only their own safety, but the safety of all those around them. If an accident occurs when a driver is absorbed in tasks other than driving, such as changing a radio channel, searching for an item in their car, or using their cell phone, the court may find them guilty of negligent driving.

Contact Our San Diego Car Accident Lawyers

When a passenger is injured in an accident due to the actions of a negligent driver, it is important that they understand their rights and act swiftly, so that they can receive any due compensation. The attorneys at Martinez & Schill, LLP are dedicated to helping injured passengers attain the compensation they deserve. Contact a Riverside car accident lawyer today at 951-200-4630 to set up a free consultation.

Sources:

http://www.courts.ca.gov/partners/documents/caci_2018_edition.pdf

https://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/neg_operator

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San Diego day care center injury attorneyFor parents, child care can be an essential resource. Upon hearing that a child was injured at a day care facility, a parent may feel a variety of emotions, such as fear, confusion, and anger. Having placed their trust and hard-earned money into a day care center, parents expect their child to be protected. After an injury occurs, they may consider whether they have grounds for a lawsuit.

Legal Consequences and Waivers

Parents are often required to sign a waiver before enrolling their child in day care, but they do not forfeit all legal rights regarding their child’s safety. In cases where negligence or abuse is proven, a day care center should be held liable.

Safe Grounds and Environment

There are a number of standards that California child care providers must meet in order to continue operation. The child care facility must be well maintained, and precautions must be taken to avoid hazards. Pools must be fenced in or otherwise made inaccessible to children. Fire safety standards must be met by providing a smoke detector and a fire extinguisher in the child care facility. If a fire occurs, it must be reported to local authorities within 24 hours. When a child care center fails to meet basic requirements like these, they can be charged with negligence.

Child Abuse and Neglect

Children at day care centers must be supervised by an adult at all times. This supervision helps to prevent accidents caused by children and makes it easier to account for children should an emergency occur. If day care providers do not keep a close watch on children, they may later be found guilty of neglect.

Use of corporal punishment in a child care facility is against the law and constitutes abuse. This includes bodily injury, threats, coercion, and withholding food, shelter, or clothing. By law, caretakers must report suspected child abuse. If a child’s injury is found to be caused by an intentional act of abuse, the child care center can face severe penalties.

Medical or Emergency Requirements

A day care center must ensure that all children have received the necessary vaccinations before they are admitted. If there are any exemptions, this must be documented by the center. Also, if a medical emergency occurs, parents and authorities must be notified in a timely manner. If a child incurs an injury while in child care, it must be reported to a parent or guardian on the same business day.

Contact our Day Care Accident Lawyers

Child care facilities have a duty to meet basic standards and prevent accidents. If your child has received an injury while at day care, and you suspect that negligence or abuse may have been involved, contact our San Diego day care accident lawyers at 619-512-5995 today to schedule a free consultation.

Sources:

http://www.cdss.ca.gov/ord/entres/getinfo/pdf/fccman.pdf

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San Diego fatigued driving car accident lawyerDriving under the influence of alcohol is a well-known cause of serious injuries and fatalities. However, driving without adequate sleep is a lesser known cause of similar tragic accidents. The Center for Disease Control and Prevention has found that going 24 hours without sleep is equivalent to having a blood alcohol concentration of 0.10 percent.

Drowsy driving is dangerous, but unfortunately, it is very common. A 2005 study by the National Sleep Foundation found that 60 percent of adult drivers in the United States have driven a vehicle despite feeling tired. While it is impossible to predict exactly when a fatigued driving accident will occur, there are some factors that are correlated with an increased risk:

  • Time of Day – The body’s internal clock, also known as a circadian rhythm, balances our energy by causing us to feel more alert or less alert at certain hours of the day. Drowsy driving accidents are most likely to occur around noon and between 12 a.m. and 6 a.m. due to a decrease in energy levels. Shift workers are more likely to be involved in fatigued driving accidents, because they are working against their natural circadian rhythms.
  • Age of the Driver – Younger drivers are the most likely to be involved in drowsy driving related collisions. According to former CHP Commissioner Joe Farrow, more teenagers die from car accidents than suicide, homicide, and cancer combined. Teenagers are at a greater risk than older adults because they are more active at night and less likely to be well-rested. Adults under 30 also have high rates of fatigued driving. In a 2002 study by the National Sleep Foundation, 71 percent of 18 to 29-year-olds said that they had driven while drowsy, compared to 52 percent of 36 to 64-year-olds and 19 percent of those 65 years and older.
  • Drug Interactions – Many prescription medications are labeled with a warning that the medications can cause drowsiness. Drivers make the road a more dangerous place for others when they ignore these warnings. When a driver is drowsy and on medication, their fatigue and impairment are increased, increasing the likelihood of an accident.

Currently, drowsy driving is less clear cut than other driving offenses. There is no standardized test to measure tiredness in the way a breathalyzer measures intoxication, and the lack of uniform national guidelines about drowsy driving makes it challenging to prosecute. Drivers must make their own judgments about their level of fatigue.

There is also a lack of education about fatigued driving. In a 1999 poll, the National Sleep Foundation found that 60 percent of US parents surveyed had not had talked about drowsy driving with their children. Later, the 2002 Sleep in America poll found that 96 percent of parents agreed with the idea that a driver’s license test should inform drivers about fatigued driving. Until the public becomes more aware of the severity of this issue and knows how much sleep a driver truly needs, drowsy driving accidents will continue to occur.

Our San Diego Car Accident Attorneys are Ready to Work for You

If you have been injured in a collision and suspect that the driver may have been drowsy while at the wheel, the skilled personal injury attorneys at Martinez & Schill, LLP can help you seek compensation for your damages. Contact our San Diego car accident attorneys today at 619-512-5995 to schedule a free consultation.

Sources:

http://drowsydriving.org/

https://www.nhtsa.gov/

https://www.chp.ca.gov/

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San Diego slip and fall injury lawyersAlthough anyone can experience slip and fall injury, those experienced by older adults tend to be the most catastrophic. In fact, statistics indicate that falls are the most common cause of death and injury among Americans aged 65 or older. Learn what rights you may have if a fatality or injury occurs after a fall, and discover how our experienced attorneys can help.

Fall Injury Statistics for Older Americans

Statistics indicate that one in four Americans over the age of 65 experience a fall each year. Of those, approximately 2.8 million experience injuries, over 800,000 are hospitalized, and over 27,000 suffer a fatality. If broken down, that equates to one fall every 11 seconds and one death every 19 minutes.

Understanding Why Falling is So Dangerous for Older Adults

As the body ages, it can become frailer and less resilient if an injury occurs. It is this fact that dramatically increases the risk of severe injury in older Americans that have experienced a fall – but it is not the only concern. Complications, such as an infection or bed sores, are also more likely to occur if the victim needs surgery to correct an injury. They may also be at an increased risk for post-injury complications, such as blood clots and life-threatening head injuries.

Fatalities and Falls in Older Americans

A victim’s risk of fatality after a fall can be increased by more than just the type of injury they sustain. Age, overall health, and even their ability to pay for quality medical treatment can affect it as well. Sadly, these same factors can also impact the outcome of a personal injury case. Victims can mitigate against such issues with the help of an experienced attorney.

Contact Our San Diego Personal Injury Lawyers for Assistance

If you or someone you love has experienced a fatality after falling, you may be entitled to compensation. Unfortunately, seeking damages can be a complex process, and victims are disadvantaged against big corporations, medical facilities, and other locations where compensable falls typically occur. This is where the assistance of an attorney can make a difference.

Able to increase your chances of receiving full and fair compensation for any losses that you have experienced, and capable of giving you and your family the time you need to heal and grieve after the death of a loved one, Martinez & Schill, LLP is the firm to trust. Our seasoned San Diego wrongful death attorneys prioritize your best interests and financial future. No matter what the situation, we will aggressively pursue the most favorable outcome possible. Schedule your personalized consultation to get started. Call 619-512-5995 today.

Sources:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2367127/

https://www.ncoa.org/news/resources-for-reporters/get-the-facts/falls-prevention-facts/

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San Diego birth injury lawyersGiving birth is supposed to be a joyous and memorable experience. Sadly, there are many parents who have anything but a positive birth. Instead, their child suffers an injury during delivery – one that causes complications for the remainder of the child’s life. Cerebral palsy, an incurable condition that can cause poor coordination, weak or stiff muscles, and uncontrollable tremors is just one example. Learn more about the rights that you may have after such a tragic birth injury has occurred, and discover how an experienced attorney may be able to help.

How and Why Birth Injuries Occur

Birth injuries may occur for a variety of reasons, including sudden or unforeseen complications in the mother or infant. For example, there may have been undetected placental abnormalities, or the mother may have experienced a spike in her blood pressure that endangers the life of her baby. Though such events are not typically considered compensable, the family may still have legal rights to seek damages if there is also an element of negligence or poor medical care (such as not responding to the mother’s spike in blood pressure).

Birth injuries can also be solely due to medical negligence. For example, the doctor may have improperly used forceps or a vacuum on the infant, which could cause a birth injury like cerebral palsy. In these situations, the family has a right to pursue compensation. Sadly, though, the process can be both lengthy and complex. Because of this, victims are highly encouraged to seek legal assistance.

Seeking Compensation After a Birth Injury

Parents who have been victims of a birth injury often find themselves stressed and disadvantaged in the claims process – and not just because of the complex process. Families of injured infants are also dealing with grief and loss. Their child, who they had tremendous hopes and dreams for, is now permanently disabled. Because the child may also require extensive medical treatment, the family may be spending a lot of time at hospitals and doctors’ offices.

To make things easier, and to increase the chances of your family receiving full and fair compensation after a birth injury, contact Martinez & Schill, LLP. Our seasoned San Diego birth injury lawyers offer the compassionate legal assistance that you and your family deserve. Schedule your free and personalized consultation to learn more about how we can assist with your child’s birth injury case. Call our San Diego birth injury lawyers at 619-512-5995 today.

 

Sources:

https://www.mayoclinic.org/diseases-conditions/cerebral-palsy/symptoms-causes/syc-20353999

 

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San Diego spinal injury lawyersIn an auto accident, the body may be jerked one way, and then the other. Such forceful movement can often lead to a herniated disc injury. If you or someone you love has been in an accident lately, the following information can help you learn more about the symptoms, treatment, and prognosis for herniated disc injuries. You shall also learn how an experienced personal injury lawyer can increase your chances of obtaining full and fair compensation.

Symptoms of a Herniated Disc

While it is possible to experience a herniated disc in the neck (cervical spine), such injuries are relatively rare. Instead, most herniated disc injuries occur in the lower back (lumbar) area. It can cause numbness or tingling somewhere in your body (depends on which body part that the injured nerves control), weakness in the muscles, or pain in the arm, leg, buttocks, or lower back area. Keep in mind, however, that some herniated disc victims experience no noticeable symptoms at first – or their symptoms may be so vague that they do not immediately associate them with a back injury, let alone the auto accident they experienced.

Treatment for a Herniated Disc

Treatment for a herniated disc will often depend on the severity of the injury and the level of pain or debilitation that the victim is experiencing. For example, doctors may offer muscle relaxers or over-the-counter medications for minor injuries. Physical therapy and/or cortisone injections may be necessary for injuries that are not healing as well as expected, and surgery may be required for the most severe of herniated disc injuries.

Some individuals also opt for alternative treatments, such as chiropractic care, acupuncture, yoga, and massage. While such treatments may not be effective at healing the injury, they can be especially helpful for pain management, which may be preferable to narcotics and other pain medications. Victims with long-term or chronic pain may find such treatments beneficial.

Although victims may make a full recovery from their herniated disc injury, others experience lifelong pain. Others may even miss time at work, or they may be limited in what they can do, even after their injury has supposedly healed. In such instances, fair compensation is crucial – and not to ensure that medical bills are paid, but to also protect the financial future of the family. Because of this, victims are highly encouraged to seek legal assistance with their claim.

Contact Our San Diego Spinal Injury Lawyers

At Martinez & Schill, LLP, we take pride in protecting the rights and interests of auto accident victims. Dedicated and experienced, our San Diego spinal injury lawyers will aggressively pursue the most favorable settlement possible for your situation. Schedule a free and personalized consultation with us to get started. Call 619-512-5995 today.

Source:

http://www.mayoclinic.org/diseases-conditions/herniated-disk/symptoms-causes/syc-20354095

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San Diego child injury lawyersData from the Centers for Disease Control and Prevention (CDC) indicate that traumatic brain injury is the leading cause of death and disability among children. However, brain injuries do not have to be severe to cause long-term damage. Instead, studies suggest children may be more likely to experience a host of issues after a brain injury – some of which could be lifelong. If you are concerned about the future of a child who has recently sustained a brain injury, the following information may help to ease your mind.

Children and Traumatic Brain Injury

Children under the age of four and adolescents are at an especially high risk for long-term issues because of brain development peaks during these life stages. However, children of all ages may be at risk for certain long-term traumatic brain injury side effects, including:

  • Depression,
  • Anxiety,
  • Cognitive deficits or delays,
  • Persistent headaches,
  • Withdrawal from family or friends,
  • Memory problems,
  • Mood swings,
  • Behavioral issues,
  • Difficulty concentrating, and
  • Falling behind in school.

Helping Your Child Recover from Traumatic Brain Injury

Recovery after traumatic brain injury is often a long and difficult road. You and your child may both become frustrated, sad, or even angry over the situation. However, it is important that you remember who the victim is – and that you listen to your child so you can appropriately respond to their needs. For example, your child may be afraid of what the injury means for their future. Rather than hide the prognosis from them, discuss it in terms that they can understand. Be optimistic, but also honest. Ask open-ended questions that require more than a yes or no answer, and give your child time to talk. Sometimes, the best thing you can do for them is to listen.

Parents are also encouraged to follow all instructions that have been provided to them by their physician regarding care. Typically, this will include lots of rest, avoidance of any high-speed or high-risk activities that could cause a secondary injury, and avoidance of certain activities that may require concentration. Further assessment may also indicate the need for physical therapy, speech therapy, or other forms of long-term treatment.

Contact Our San Diego Child Injury Lawyers

Although there are many situations that can lead to brain injuries in children, motor vehicle accidents are one of the most common. If this happens to be the case in your situation, know that you may be entitled to compensation for any losses that you or your family have experienced. Dedicated to ensuring you get a full and fair settlement, Martinez & Schill, LLP can assist with your child injury claim. Schedule a personalized consultation with our San Diego child injury lawyers today to learn more.

 

Sources:

https://www.health.ny.gov/prevention/injury_prevention/traumatic_brain_injury/tips_child.htm

https://www.healthline.com/health-news/helping-children-recover-from-traumatic-brain-injuries#3

 

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San Diego slip and fall accident lawyersOf all the injuries that one may sustain in an accident, those pertaining to a slip, trip, or fall are the most likely to occur. In fact, statistics indicate that slips and falls are a leading cause of injury in America. Learn more about the types of injuries that one can sustain after a slip, trip, or fall, and discover how an experienced attorney can help you determine if you may be eligible for compensation for any losses that you or your loved one may have experienced.

Sprains and Strains

Because the body moves suddenly, and often at an odd angle when slipping, tripping, or falling, victims are at a high risk for sprains and strains. Though not typically permanent, sprain and strain injuries can have a lasting impact on the life of a victim. For example, a victim may be unable to work or perform their regular job duties, or they may incur medical expenses that they cannot pay because of the slip, trip, or fall. That can place them on a trajectory that places their financial stability at risk.

Broken Bones and Facial Fractures

Although broken bones are not exceptionally common in a slip, trip, and fall accidents, older adults do have an elevated risk of experiencing such injuries. That is because they often have less bone density than younger individuals, which makes their bones more brittle. Pelvic fractures are, by far, the most dangerous since they typically come with a host of post-injury complications. However, any broken bone can dramatically impact the life of a slip and fall victim. Ensure all aspects of your case are considered by seeking assistance from an attorney.

Head Injuries

Perhaps the most concerning type of injury that a victim can sustain in a slip, trip, or fall is a head injury. Potentially fatal for victims in any age group, this type of injury is the most common cause of death in slip and fall victims. Yet, even if a victim survives, they have a risk of long-term and potentially devastating complications. For example, one may experience lifelong deficits in their memory and concentration, which could hinder their ability to perform their job. The assistance of an experienced attorney is especially crucial in these severe injury cases.

Contact Our San Diego Slip and Fall Accident Lawyers

Businesses and other establishments are legally required to provide a safe environment for their patrons, and any failure to do so may render them liable for any damages that experienced by an injured party. Sadly, the process for pursuing such compensation can be complex. As such, victims are encouraged to seek legal assistance with their claims.

At Martinez & Schill, LLP, we aggressively protect the rights and best interests of our clients. Committed to ensuring you receive the full compensation that you deserve, our seasoned San Diego slip and fall accident lawyers can examine your case, help you understand your options, and skillfully represent you at every turn. Get started by scheduling a free and personalized consultation. Call 619-512-5995 today.

 

Sources:

http://www.chicagotribune.com/suburbs/advertising/marketplace/ct-ss-suburbs-regaining-confidence-after-a-fall-20171207dto-story.html

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2367127/

 

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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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