Articles Posted in Personal Injury

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The holiday season is approaching, which means that certain types of injury risks will increase in Carlsbad and throughout Southern California. While the holiday season brings an opportunity for recreational activities and gatherings with friends and family, various aspects of the holiday season also bring safety hazards. Who is liable for holiday injuries, and how can you seek compensation after an accident? Our Carlsbad personal injury lawyers can provide you with the information you need.

Wide Range of Accidents and Injuries Occur During the Holidays

A wide range of accidents and injuries result from holiday activities and excursions. According to the Electrical Safety Foundation International (ESFI), nearly 6,000 people require treatment in emergency departments each year for injuries resulting from falls while hanging holiday decorations. That number rises when you take into account holiday travel and motor vehicle collisions, home fires and burn injuries, and product defect injuries. The following are some of the more common causes of holiday injuries each year:

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After suffering a personal injury in Valley Center or elsewhere in Southern California, it can be difficult to know how to proceed with a claim for compensation. If you discuss your injury with friends or family members, or with trustworthy co-workers, you might hear differing perspectives on filing an insurance claim or suing the at-fault party in a personal injury lawsuit. Conducting some preliminary research on the internet might reveal that personal injuries result in both insurance claims and personal injury lawsuits, and you may be unsure if you are required to follow one path over the other or if you have options. 

Our Valley Center personal injury lawyers can provide you with more information about insurance claims versus personal injury lawsuits after a serious accident or injury in San Diego County.

How and Where Did Your Injury Happen?

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When you are staying at a hotel or motel in Rancho Bernardo, you should not have to worry about getting hurt in an accident because of the hotel’s negligence or because the hotel or motel is using a defective product in guest rooms or common areas. Yet hotel and motel injuries occur with some frequency, and guests can suffer serious and even life-threatening harm. If you got hurt while staying at a hotel or motel in Southern California, you should get in touch with a Rancho Bernardo hotel injury attorney to find out more about filing a claim for financial compensation. In the meantime, the following are some of the most common types of injuries that guests sustain at hotels and motels.

Slips, Trips, and Falls

At a hotel or motel, slips, trips, and falls can occur in various places and under a variety of circumstances. Often, a hotel or motel may be liable if a slip, trip, or fall occurred because of a liquid spill on the premises, a damaged area of flooring that went unrepaired, the presence of tripping hazards in common walkways, or a lack of lighting in areas where slips and falls could occur.

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Car accidents happen much too often in and around San Clemente, and these accidents can have many different causes. Often, motor vehicle collisions result from another driver’s negligence, and it may be possible to file a lawsuit against that negligent driver. At the same time, car accidents can have other causes, so it is important to work with a Southern California car accident attorney to determine liability. In some cases, you may be able to file a claim against multiple parties. Consider some of the following ways in which different parties can be responsible for injuries in traffic collisions.

Driver Whose Negligence Caused the Accident

Whenever a driver gets behind the wheel of a car or truck, that driver owes a duty of care to other motorists on the road. That driver must behave reasonably behind the wheel, and that driver can be liable for any accidents and injuries resulting from careless acts or omissions. Some of the most common sources of driver negligence include distracted driving, drunk or intoxicated driving, aggressive driving behaviors, failing to obey traffic rules, and fatigued driving.

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The summer months in Valley Center are often times for vacations and recreation, but it is important to know that certain kinds of personal injuries can occur with frequency during warm weather. As such, it is essential to understand various summer injury risks, to take precautions to avoid harm, and to seek advice from an experienced Valley Center personal injury attorney if you or your child sustains a serious or life-threatening injury as a result of another party’s negligence. The following are among the most common injuries that affect people in Southern California from June through September.

Heatstroke

When a person is outdoors in the summer heat for too long without adequate hydration, heat exhaustion can occur, and heat exhaustion can eventually lead to heatstroke. Many workers who do construction work and related jobs outdoors can be at particular risk for heatstroke.

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In recent months and years, e-scooters have been growing in popularity among residents of Rancho Bernardo and throughout Southern California. While e-scooters can serve as a convenient mode of transportation and can be exciting for recreation, e-scooters have also proven to be extremely dangerous. According to a recent study conducted at the University of California, Los Angeles (UCLA) and published in the peer-reviewed journal PLOS One, the injury rate for riders of e-scooters in certain parts of Southern California “was higher than the national rates for riders of motorcycles, bicycles and cars, and pedestrians.” In other words, the overall rate of e-scooter accidents has been extremely high.

What do you need to know about e-scooter injuries and filing a personal injury claim after an e-scooter accident?

E-Scooters Continue to “Proliferate,” According to Study

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While most of us do not think about the risks of getting hurt when we step into an elevator or onto an escalator in Escondido, it is important to know that escalators and elevators can actually cause serious and fatal injuries in many different circumstances. Elevator and escalator accidents can be caused by many different factors, and people can sustain various types of injuries. Depending upon the cause of the elevator or escalator accident, and whether or not the injured person was working at the time of the elevator or escalator accident, multiple parties may be liable for injuries and various routes to compensation may exist. What do you ultimately need to know about these types of accidents and injuries? The following are some of the top things to know about escalator and elevator injuries in Escondido.

Elevator and Escalator Accidents Have Many Different Causes

There are many different causes for elevator and escalator accidents and injuries, such as:

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Hotel and motel negligence in Vista can take many different forms in California, including negligent security measures that result in assaults or other acts of violence on hotel or motel premises. When a hotel or motel owner does not provide adequate security to customers on the premises, the hotel or motel ultimately may be liable for injuries resulting from a third party’s violent acts. To be clear, the injury victim may be eligible to hold a hotel or motel liable for violence perpetrated by a third party by filing a negligent security claim. The following are five things to know about hotel negligence and assaults in Vista.

  1. Negligent Security Claims are Personal Injury Lawsuits

Negligent security claims filed against hotels and motels are types of personal injury lawsuits. As such, the statute of limitations for most other types of personal injury cases will apply.

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After an Oceanside car accident in which another motorist is at fault, you should be thinking about your options for filing a claim for financial compensation. For most injury victims in motor vehicle collisions, the first step in seeking compensation is filing an auto insurance claim. Auto insurance claims can be filed as first-party claims through an injured person’s own auto insurance policy, or as third-party claims through the at-fault motorist’s auto insurance policy. When an auto insurance claim does not result in sufficient compensation, an injured person will often move on to file a car accident lawsuit. However, in some cases, the defendant will attempt to reduce his or her liability by raising the issue of comparative fault. 

What is comparative fault, and how can it impact your payout in an Oceanside car accident claim?

Understanding Damages in a Car Accident and the Effect of Comparative Fault

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Traumatic brain injuries (TBIs) should always be taken seriously in San Clemente, whether a concussion occurs on a sports field or a vehicle occupant sustains head trauma in a car crash. According to the U.S. Centers for Disease Control and Prevention (CDC), traumatic brain injuries “affect how the brain works,” and they are “a major cause of death and disability in the United States.” On average, 166 Americans suffer fatal brain injuries every day, and more than 223,000 people have to be hospitalized with TBIs each year. Who is liable when these injuries occur?

  1. Responsible Party Will Depend Upon the Specific Facts of Your Case

The party or parties responsible for a TBI will depend upon the specific facts of your case. The CDC reports that approximately 15% of high school kids in the U.S. report sustaining at least one concussion in sports or recreation activities, in which case the educational institution or a coach may be liable. At the same time, studies also show that motor vehicle collisions and falls are leading causes of brain injuries, which could result in a motorist or a property owner being responsible for paying damages.

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