Articles Posted in Wrongful Death

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.

Over the past decade, the number of railroad riders in America has increased markedly, according to the Federal Transit Authority Rail Safety Statistics Report. Indeed, toward the end of the last decade, the FTA counted more than 18.5 billion passenger miles. Rail safety is one of the safest ways to travel in the United States, but the railroad industry still faces significant safety concerns. Indeed, personal injury claims arise frequently when victims are injured in the vicinity of railroad tracks.

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In order to make sure that rail travel remains safe and free of injuries in California, transportation officials recently announced that they’d be kicking off a year-long rail safety campaign. It’s called “Be Track Smart,” and it’s intended to “cut down on death or injury on the tracks in California,” according to a report in the Sacramento Bee.

Rail safety is a serious concern across the United States. Every year, rail transit systems experience hundreds of injuries. If you or a loved one have been injured on a railway or by an accident on railroad tracks, you may be eligible for compensation. Don’t hesitate to contact the experienced injury attorneys at the Walton Law Firm to discuss your case.

After the family of a former San Diego Chargers linebacker filed a brain injury lawsuit against the National Football League (NFL) earlier this year, we’ve been keeping you up to date on the status of a massive NFL concussion lawsuit involving more than 4,500 former players and their families. As of just last week, the players and the NFL reached a settlement for $765 million in medical costs and related research, according to an article in Forbes.

But is the payout really sufficient when we think about the brain injuries suffered by so many former players? Or does the payout indicate that the league did in fact have a duty to warn players about the dangers of multiple concussions and the long-term effects of traumatic brain injury?

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History of the Lawsuit

When we wake up and leave for work in the morning, most of us expect that we’ll be safe while we’re on the job and that we won’t be exposed to unnecessary risks. However, construction workers and others who operate heavy machinery face special risks when they reach their jobsites. Just last week, a brewery worker was killed when the forklift he had been operating overturned and pinned him, according to U-T San Diego

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This news comes shortly after another forklift accident in southern California in June, when a forklift driver died from injuries sustained on the job in Riverside County. Unfortunately, accidental deaths occur more often than we’d like to think. Indeed, they’re among the leading causes of death in America today. What’s worse is that many of these accidents are preventable. When a loved one is killed in an accident, you may be eligible for compensation by filing wrongful death law claim. An experienced injury lawyer can discuss your case with you today.

As congregants of the Church of the Resurrection in Escondido gathered for a service several children were playing around a golf cart used by church staff. One of those children was a 4-year-old boy. For reasons currently unknown, the cart accelerated forward and onto the young boy, who became trapped. Several nearby adults ran to the cart and removed the child, who was in medical distress.

The parents of the child put him in their car and began driving to the hospital when they passed the Escondido police and fire station on Centre City Parkway. Instead of continuing to drive, the parents chose to pull over and seek help from police and fire, who took over the car. The boy was transported to Palomar Hospital before being taken to Rady’s Children’s Hospital where he later died.

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The circumstances surrounding the accident and unclear, but there is likely civil liability for the church, assuming it owns the golf cart. Negligence law requires that all people and business (including churches) act reasonably, and do not create any dangerous circumstances. That duty is very likely heightened when there are children at play, where items like golf carts can become an attraction.

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