Articles Posted in Wrongful Death

Last week, two teenagers were involved in a serious train accident in Marysville, California, according to an article in the San Luis Obispo Tribune.  The transit accident resulted in the death of one of the teens, Mateus Moore, and serious injuries to the other, Mickayla Friend.  The young high school couple had been on their way to a school dance when they were struck by an oncoming freight train.  Friend remains in critical condition in the Sutter Roseville Medical Center, according to a spokesperson for the hospital.

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Train accidents can be very serious and often are life-threatening.  It’s very important to take steps to ensure your own safety, and that of others, when you’re walking near train tracks.  If you or a loved one has been injured or killed in a dangerous transit accident, it’s important to speak with an experienced personal injury lawyer.  In some cases, the train conductor or the train company may have been negligent. Contact the Walton Law Firm today to discuss your case.  You may be able to file a wrongful death claim.

Details of the Train Accident

Four Major Bus Crashes in December

Rainy weather in Southern California has made the highways slick and dangerous. Currently, four serious bus crashes have occurred on the California highways in the last month. Some commentators believe the rainy weather contributed significantly to the crashes.

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A tour bus on its way to Valley View Casino, just north of San Diego, crashed and caused serious injuries and one fatality, according to an article in Reuters. The bus accident injured more than 20 passengers when it overturned near Fallbrook in the middle of the afternoon, reported California Highway Patrol Office Jim Bettencourt. According to the article, the bus passengers were older adults on a casino excursion. The crash victims were transported to nearby hospitals, where their injuries were reported as “ranging from minor to serious.” In the hours after the accident, the cause of the charter bus crash remained under investigation.

Bus accidents happen with some frequency in California, and such mass transit accidents can be especially dangerous. An article in the Huffington Post reported that federal bus safety regulators recently shut down 52 companies due to poor safety records and failures to meet certain standards. In southern California, buses are not only responsible for transporting San Diego residents on daily commutes through the city, but they also provide transportation for school students and senior citizens. And when these buses aren’t safe, victims can sustain severe injuries.

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In California, there’s a statute of limitations for filing a bus accident injury claim. In our state, under California Code of Civil Procedure §335.1, you must file a lawsuit within two years from the date of your accident. If you have been injured in a bus accident, it is extremely important to speak to an experienced California bus accident lawyer.

Motor Coach Industry Statistics

Medical research involving brain damage has increased dramatically in the past few years, and researchers have begun to learn more about the long-term effects of traumatic brain injuries (TBIs). Recent studies reported in U.S. News & World Report suggest that athletes and soldiers may be at even greater risk of memory loss and harmful behavioral changes than originally thought. While the Brain Injury Association of California and other advocacy groups engage in awareness work throughout our state, brain injuries continue to plague many California residents.

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If you or a loved one have suffered a mild or severe brain injury, it’s important to speak to an experienced California brain injury lawyer. In many cases, another person’s negligence may have caused your injury, and you may be eligible to seek compensation.

Brain Scans and Alzheimer’s-Like Symptoms

Over the last year, news about traumatic brain injuries and chronic traumatic encephalopathy (CTE) have been making news across the country. Back in October, we explained that California, through new legislation, would be taking steps to significantly limit the number of sports players who could file workers’ compensation claims in the state. An article in the Los Angeles Times recently reported that Tony Dorsett, a 59-year-old former NFL running back, filed a brain injury claim with the California workers’ compensation panel only to have his claim denied. But now, players facing claim denials may have new evidence for their appeals, as researchers can accurately diagnose CTE in in living brains.

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As the number of former NFL players who show signs of CTE continues to rise, we’re likely going to see an increase in lawsuits in California and across the country. While researchers and medical professionals previously could only diagnose CTE postmortem, new medical advances allow doctors to detect signs of CTE in the living through brain scans and tests. There are hundreds of former sports players who may have suffered brain injuries in the course of their employment by the NFL and other professional sports leagues. And now, if those players can be diagnosed with CTE, they might be eligible for compensation.

Dorsett’s Brain Injury Claim

You might remember a product liability case when talked about back in August concerning the fatal acceleration of a Toyota Camry. The victim, Noriko Uno, 66, died after her 2006 Toyota Camry suddenly accelerated to speeds of more than 100 miles per hour and struck a tree and a telephone pole, according to an article in CNN News. Uno’s family filed a claim against Toyota, arguing that there was a defect in the Camry’s design and that the company should have installed a brake override system. News agencies quickly picked up the story and deemed the lawsuit a “bellwether” case that was likely to influence similar claims arising throughout the country. However, in mid-October, a California jury in the Los Angeles Superior Court returned a verdict in favor of Toyota.

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At the time, Toyota too emphasized that Uno’s suit was a “bellwether,” explaining that the verdict in the company’s favor would “set a significant benchmark that its vehicles are safe with or without a brake override system,” according to CNN News. In a statement on Toyota’s website, the company highlighted its win: “We are gratified that the jury concluded the design of the 2006 Camry did not contribute to this unfortunate accident.” Toyota went on to depict the verdict as an affirmation “that there was nothing wrong with the vehicle at issue in this case.”

As you might remember from our previous post, consumers began complaining about a problem with the Toyota Camry model that caused sudden acceleration. The problem, according to the Los Angeles Times, concerned an electronic throttle system in the vehicles. Despite the loss in California, however, a recent jury verdict in favor of two Oklahoma plaintiffs suggests that Toyota might have to pay more settlements than it initially thought.

A recent out-of-court medical malpractice settlement in Sacramento awarded the parents of Leah Gumb $9 million. Nearly two years ago, Leah Gumb suffered permanent brain damage after she was born at the UC Davis Medical Center, according to KTXL Sacramento. This case concerned a C-section that doctors failed to perform after Leah’s heart rate dropped. As a result, the infant requires “24-hour nursing care for the rest of her life,” reported CBS 13 Sacramento.

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Have you been the victim of medical malpractice? It’s important to contact an experienced medical malpractice lawyer as soon as possible. California law has a statute of limitations on medical malpractice claims, which affects the time period in which you’re permitted to file a lawsuit. At the Walton Law Firm, we have years of experience handling medical negligence cases and can discuss your claim with you today.

What is Medical Malpractice?

The family of a man who was hit by a cement truck at the intersection of Mission Gorge Road and Cottonwood Avenue wants the driver arrested. A surveillance video purportedly shows the victim, 24-year-old Stevie Eastman crossing the intersection at a green light, and the truck striking him as he walked. Mr. Eastman died in the accident.

Fernando Diaz, the manager nearby Ferny’s Taco Shop, saw the driver get out of the truck and kneel next to Mr. Eastman right after the collision.

San Diego Sheriffs told 10News that is reluctant to arrest the driver because the surveillance, according to it, is inconclusive as to whether or not a crime has been committed.

Back in 2009, a tragic accident in Southern California killed three family members when their SUV crashed into the back of an illegally parked truck. The truck accident left two surviving children, then aged 11 and 9. The surviving daughter, Kylie, filed a wrongful death claim and the 13-year-old girl just won a shockingly immense $150 million in damages, according to an article in the Los Angeles Times.

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Wrongful death claims in California can lead to very high verdicts, as evidenced by the recent jury decision in the Los Angeles County Superior Court. If you have questions about filing a wrongful death lawsuit, don’t hesitate to contact the experienced California injury attorneys at the Walton Law Firm today.

Details of the Truck Accident

Back in August, the Los Angeles Times published an article about professional athletes seeking medical care and financial damages through California’s workers’ compensation system. What for, you might wonder? In most cases, these players suffered multiple concussions and traumatic brain injuries. According to the newspaper, “brain trauma and other injuries suffered on the playing field” have resulted in thousands of claims across the state. This should come as no surprise, since the NFL and many of its former players were in the spotlight for the past several months following a consolidated brain injury lawsuit that involved more than 4,500 claims.

As we’ve reported, most of the claims came from former professional football players or their families following multiple concussions on the field, which can cause the very dangerous condition of chronic traumatic encephalopathy (CTE). In particular, former California Chargers linebacker Junior Seau was diagnosed with CTE postmortem, leading his surviving family members to file one of the first claims in California.

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If you’ve been following the NFL concussion lawsuits, then you probably know that the parties reached a settlement in late August. The thousands of players involved in the suit settled for $765 million in medical costs and research, an amount that many commentators believe was much too little compensation for the lifelong injuries associated with multiple concussions. However, there’s a new issue on the table in California: workers’ compensation for injuries sustained on the field.

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