• Uncategorized

    Posted on November 30th, 2009

    Written by Injury Law Blogger

    Did Tiger Woods Receive a Major Head Injury

    Unless you live under a rock, you have already heard that Tiger Woods was been in a car accident.  The facts and details that surround the incident are still up in the air and may never be fully revealed.  One of the details is very concerning.  It was widely reported that the world’s #1 golfer was unconscious for 6 minutes.  That type of a head injury could be extremely dangerous.  Consider a professional boxer who has gone 12 rounds and receives a punishing blow at the end of the fight.  Those knockout punches rarely keep an athlete on the canvas for more than 30 seconds.  Even the most devastating punches seem to only render an opponent on the ground just long enough to be counted out by the referee.

    In Saturday’s event, Tiger was out long enough for most high school athletes to run an entire mile.  The trauma that a brain would have to undergo to render that type of result would be pretty significant.  A concussion or swelling of the brain would seem to be one cause.  If his heart or lungs stopped working that would be incredibly concerning.  A lack of oxygen to the brain would risk possible brain damage.  It may also make the a future, more severe injury more likely.  If Tiger did receive some brain trauma and was hit on the head again, before it had a chance to heel, it could be fatal.  Recently in the NFL Brian Westbrook and Ben Roethlisberger were both benched due to head injuries of their own.  The doctors and coaches both felt that a repeated blow to the head may result in a serious injury or death.  Hopefully in Tiger’s case, he can avoid being rescued by his wife again in the near future.

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  • Slip and Fall, Uncategorized

    Posted on November 24th, 2009

    Written by Injury Law Blogger

    Slipping and Falling in Las Vegas

    Millions of people cross the threshold of the hotels in Las Vegas every year. Those footsteps all cause wear and tear on the sidewalks, in the hotel entry ways and in the hall corridors. Hopefully, you picked a hotel that maintains those common grounds and takes preventative measure to keep slip and fall accidents from happening. But if you don’t have a careful hotel, you need to be aware of your options.

    A slip and fall accident doesn’t only happen on the snow and ice of the Midwest. Slip and fall accidents can be caused by the rain, a broken or cracked sidewalk, a damaged on uneven floor tile, a bunched up rug or any obstruction in a hallway. Basically, if you fall down and you aren’t drunk, you probably tripped over something that should not have been in your way. If you are the victim of such a slip and fall injury in a Las Vegas hotel, you have certain rights.  Slip and Fall Attorney Las Vegas

    Tell the hotel about your fall and begin documentation immediately. Have your injury checked out by a doctor at a hospital, not one on staff at the hotel. The doctor at the hospital will give you a fair diagnosis and make a recommendation as to your treatment. Once you have a diagnosis, then you can approach the hotel for damages.

    The hotel may not be receptive to making and claims to being at fault. You may need to hire an attorney to represent you and get money for damages, or even pain and suffering if you need it. Some slip and fall accidents can be serious and put you off of work for awhile and you will need money in that off time. The hotel should compensate you for that time, but they may require a lawyer’s presence in order to do so willingly. A lawyer’s presence may not be enough and a lawsuit might need to be filed.

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  • Uncategorized

    Posted on November 19th, 2009

    Written by Injury Law Blogger

    What is Whiplash?

    whiplash attorney las vegasMost people have heard of whiplash but, what is it really?  Whiplash is a common tern used to describe the pain someone feels in their neck after a jarring.  A very common cause of whiplash would be a car accident where the injured person is bumped from behind.  When this happens the tendons, ligaments and muscles in the neck a stretched and contracted very quickly.  This quick movement creates microscopic tears in the soft tissue that create the pain.  A physician may refer to this as a cervical sprain or strain.

    Whiplash from a car accident can become a bigger problem if someone has a pre-existing condition in their neck.  Image that someone has had a disc fused in their neck and is in a fender bender.  The damage that can be caused from this type of incident could be catastrophic.  If you are injured in a car accident you should definitely talk with a personal injury attorney.  They will be able to assess your situation to see if there was negligence by the other driver.

    Prevention is always the best way to protect yourself.  Seat belts are always a good idea but make sure to have your head rest at the proper height.   That will help to protect your neck if you are hit from behind.

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  • Vehicle Accident Injury

    Posted on November 18th, 2009

    Written by Injury Law Blogger

    Death on the Rails

    The Los Angeles Times featured an article and video last September 27th about the frequency of accidents between cars and pedestrians and Metrolink Trains.

    Most Southern Californians know all about the big accidents, such as the head-0n train-on-train accident last year that killed 25 people and brought texting-while-driving accidents to the forefront, the truth is that most Metrolink accidents involve only one train, and it is usually striking a passing car.

    What is most frustrating to critics of Metrolink is that it seems that there are certain intersections where most of these accidents occur, and in most cases safety engineers have a clear understaning of they are occuring.  So why aren’t they being fixed?

    Further reading:

    Los Angeles Times Article

    Los Angeles Train Accident Attorney

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  • Aviation Law

    Posted on November 3rd, 2009

    Written by Injury Law Blogger

    The Aftermath of an Aviation Accident – Hire the Right Attorney

    Aviation Accident AttorneyIf you or a loved one has been injured in an aviation accident, the idea of taking the matter to court can be overwhelming, especially when dealing with loss or injury.  Contacting a lawyer can seem daunting and overwhelming but it is always the best solution to make sure you are not taken advantage of.  Contacting an aviation attorney about an accident, will answer many of your questions.  You may find that you are entitled to compensation for injuries as well any lost wages or damages that you or a loved one sustained as a result of a crash.

    Aviation lawsuits can certainly be complex.  A single accident can result in claims being filed against a pilot, the airline, the mechanics, the NTSB, the FAA, and the manufacturers of the plane.  Any combination of these individuals, companies, and agencies can be deemed at fault for an accident, which can overwhelm the average passenger.  Make sure to reach out to an experienced aviation attorney, who will understand how to handle these agencies and the lawsuit itself.  While you will have to provide your statement for each aspect of the case, an attorney will work hard to make the situation as stress free as possible and will work to quickly bring resolution to the case.

    An attorney will also work to ensure that you are able to receive proper medical care until your case is resolved.  If another party is found to be at fault for the accident, a lawyer will work to ensure that past and future medical expenses related to the crash are covered and that all damages due will be awarded.  It is never easy to deal with a catastrophic injury or death of a loved one.  Having an experience aviation attorney will help provide some comfort at a time when all you have are questions.  You should not let yourself deal with the aftermath of your accident alone.

    It is very important to refrain from signing any paperwork after an aviation accident without contacting a lawyer.  Agreeing to any settlement or signing papers agreeing not to seek future damages can strip you of your right to compensation if further injuries or problems arise as a result of the crash.  An experienced aviation attorney will know how to handle all aspects of a case, from investigations and paperwork to court cases for both criminal and civil charges.  When you have been the victim of an aviation accident, you need to find an attorney who will fight for all of your rights as well as to ensure that you receive the compensation and care that you deserve.

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  • Wrongful Death

    Posted on November 3rd, 2009

    Written by Injury Law Blogger

    Radio Station Found Liable in “Hold Your Wee for a Wii” Contest

    A California jury awarded a 16.1 million dollar wrongful death lawsuit award to the family of a woman who died after participating in a Sacramento radio promotion nicknamed “Hold Your Wee for a Wii.”

    It was in 2007 that Jennifer Strange participated in the stunt for radio station KDND-FM where she and other contestants were given large quantities of water to consume and told that the last person to use the bathroom would win a Nintendo Wii.   Jennifer Strange consumed 2 Gallons of water over a three hour time period before eventually quitting (and finishing in second place).   Just a few hours later, Strange was dead – having fallen victim to a condition called hyponatremia, which is when the blood becomes nutrient poor from water intoxication.

    When the lawsuit first surfaced, the radio station claimed that Strange had signed release forms and that she should bear some responsibility for her actions.  But soon after, tapes of the radio show revealed that numerous listeners had called in warning the station that they might be jeopardizing the contestants health.  These calls included one from a nurse who specifically warned the show about water intoxication and its potential deadly affects.

    This is ultimately what proved so damaging to the stations defense in court.  Yes, Mrs. Strange had signed waivers and was a willing participant, but when the station was warned it might be risking their lives they had a responsibility to stop the stunt immediately.

    For more information, see the video below.

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  • Aviation Law

    Posted on October 14th, 2009

    Written by Injury Law Blogger

    Aviation Safety Regulations – For Privately Operated Aircraft

    Patrick Bailey was recently interviewed by TalkZone travel network for his insight on the current increase in aviation accidents of private charter planes.  These chartered aircraft include services like NetJets, Helicopter Tours and privately owned and operated aviation equipment.  Patrick Bailey of Bailey & Partners, a Los Angeles Law Firm, gives great insight into the challenges and problems we are facing.  He also shares a lot of information about the changes that are being made to remedy some of the shortcomings in Aviation.

    Aviation Accident Attorney Pic

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  • Personal Injury

    Posted on October 6th, 2009

    Written by Injury Law Blogger

    The Hidden Danger of California Fire Pits

    Burn Injury Attorney Fire PitBonfires at the beach are very common in Southern California.  With the mild year round temperatures a fire pit seems like the perfect way to end the day.  Friends, family and good conversation can be enjoyed while the last logs burn out.  Usually, before everybody breaks camp, someone will throw dirt or sand on the fire to “put it out”.  This may seem like the logical thing to do since a bucket of sand will normally squelch the remaining flames.  Unfortunately this act is the cause of dozens of injuries every year due to bonfires.

    Pouring sand into a lit fire pit can mask the visual danger of the fire but intensify the heat underneath.  A fire that burns out on its own may be cool in an hour or so but a smoldering fire can remain dangerously hot for 24 hours or longer.  The extreme heat builds up underneath the sand like a natural oven.  The fire pits become extremely dangerous because unsuspecting people and especially children don’t know about their dangers.

    A fire that was covered with sand at 10:00 p.m. could still be dangerously hot the next day at four in the afternoon.  To the naked eye it is impossible to tell that there is a smoldering accident waiting to happen.  All too often kids will venture into these open pits and receive serious burn injuries.  Adults may receive minor burns and injuries but small children may be stuck unable to understand what is happening to them.

    UCI Medical Center in Irvine sees 10-20 of these cases a year.  The 2nd and 3rd degree burns that happen to children are horrific.  Some kids have their toes or fingers melted together.  The pain from the initial burns is only the beginning.  Ongoing treatment and burn care is extremely painful.  Some patients have to be heavily sedated or kept unconscious in order to be treated.  Most, if not all, of these injuries can be prevented.

    If you are going to be hanging out near a fire pit be sure to pour a bucket of water in the pit as soon as you get there.  If you have a bonfire, make sure to put the fire out with water.  You never know how long the embers will remain dangerous.   It doesn’t matter if you are the last person to leave at midnight, never leave a fire pit until it is perfectly safe.  Imagine that the next person to show up is a young, unsuspecting child.  In some cases it will be.

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  • Personal Injury

    Posted on September 22nd, 2009

    Written by Injury Law Blogger

    WAL-MART Employee’s Actions Cause More Harm Than Good

    This past week a WAL-MART employee took it upon himself to report a couple of vacation pictures to the authorities. These were not pictures of buildings or mountains or other landmarks. The pictures in questions were of young, unclothed children and the accusations were pointed firmly at the parents.  An innocent roll of family pictures was now be used as evidence of sexual abuse.

    The person who was to develop the photos saw these pictures and assumed they had been taken under abusive circumstances. In essence, he thought he was turning in the handy work of a child pornographer. In reality, he was pointing the finger at the parents of the children in the photos.

    The good intentions of protecting the child where soon overshadowed when Child Protective Services was introduced to the situation. The kids of the Demarees family were stripped from the home and placed into foster care for a month while the parents stood trial. This was the worst of all outcomes for the family. The children torn from their family and the parents forced to plead their case to a room full of strangers. Thankfully, justice was done in the end, but the damage was already done.

    How were the Demarees’s suppose to restore the feeling of safety to their children. How will they calm their kids fears that this will never happen again? Because of these unanswered questions, that may not have answers, the Demarees’s are suing WAL-MART in hopes of preventing this type of behavior from happening again.

    It is rare that you will find someone defending child pornography. Just the insinuation that someone may be a pedophile will tarnish their reputation forever. In this case, the parent’s reputation is not in as much jeopardy as the kid’s outlook on life.

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  • Personal Injury

    Posted on September 15th, 2009

    Written by Injury Law Blogger

    What Are Punitive Damages?

    The term “Punitive Damages” is often used when talking about legal topics.  What exactly are punitive damages?  For the most part, they are a way for the courts to punish a large company over and above the damages that they have caused.  Punitive damages are awarded to a victim in order to change the future behavior of the company who is violating their contract.  courtroom pic

    As an example, let’s say an insurance company owes a small amount of money to a plaintiff.  If that insurance company ignores their customer a high percentage of them will just give up and and some will accept a payment much lower than they deserve.  A very small percentage will seek justice through the court system.  If these few, persistent, clients were only awarded the amount of money due to them the insurance company would win a larger victory.  They would have avoided thousands of dollars in pay outs to the vast majority that never perused a claim through the courts.  This makes it rewarding for a company to breach their contract with their clients and does not motivate a policy holder to seek justice.  If the company has to pay out a few thousand dollars every now and then it becomes a good business decision for them take this tact.  But, if the courts impose a much larger fine on these companies, in the thousands or millions of dollars, it will make them think twice before neglecting their responsibilities to their customers.  And that is how punitive damages can help to mitigate insurance fraud.

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