This regularly updated blog offers information on a wide range of personal injury and workers' comp litigation topics. Browse these posts for information on common accidents, injuries, damages, and more.

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  • Control of the Premises in a Slip and Fall Injury Case | San Diego Injury Firm Since duty in a slip and fall negligence case attaches to the management of the property where the slip and fall occurred, an issue will arise as to the control of the premises. A landlord may have control over the common areas of an apartment complex, but not over the interior of individual dwelling units. In the same context, the tenant of an apartment building will not have control over the common areas of the apartment building. Thus, in the analysis of a San Diego slip and fall case, it is necessary to decide whether the at fault party had or should have had control over that portion of the premises where the slip and fall accident happened. That is the question of the entire injury case.
  • Duty of Ordinary Care in a Slip and Fall Injury Case | San Diego Injury Law Firm Most jurisdictions require that the landowner use the level of care of an ordinarily prudent adult to prevent an unreasonable risk of harm. Under this legal rule, the custom and practice of industry is often used to establish ordinary care. As an example, abrasive admixtures added to exterior paint on walkway surfaces is ordinarily used in apartment complexes to reduce the risk of injury on wet walkway surfaces.
  • Hazards & Debris on Floors & Sweep Logs | San Diego Slip & Fall Accidents FREE books by San Diego Slip and Fall Law Firm: The basis of California slip and fall law stems from proving a property owner breached a duty owed to the injured slip and fall victim. Injured parties used to be faced with frightful burden of proving both breach of duty and notice. Over time, the courts have eased the injured parties' burden in regards to this burden (rightfully so too in my opinion). A 1954 California case called Hale v. Safeway Stores held that frequent inspection of the sales areas in markets was necessary and that 12-15 minutes between inspections would not be unreasonable.
  • The Hazard that Causes a Slip and Fall | Causal Link | San Diego Injury Firm Identifying the Hazardous Condition: In most California slip and fall cases, some physical feature or condition is a major contributing factor in the injure party's fall. The hazard may be as simple as water on the floor of a supermarket or as complex as a subtle variation in the riser height of a step in a stairway. In each case, something caused the injured person to fall down.
  • Permanent Disability under San Diego Workers Compensation Laws | Injuries The term Permanent Disability simply means an injured California worker has any lasting disability to a particular body part or parts that results in a reduced earning capacity or ability to work in the specific field that was part of the job in which the injured worker was injured. If your work related injury or illness results in permanent disability, then you are entitled to what the California Labor Code calls permanent disability (PD) benefits or PD benefits for short, even if you are able to go back to work after you recover from your work related injury.
  • Medical Care and Your San Diego Workers' Compensation Case San Diego Work Comp Law Firm: In the California workers’ compensation system, as an injured worker, you have the right to receive medical treatment that is reasonably required to cure or relieve the effects of your work related injury or illness, at the expense of your employer (your employer pays the insurance premiums to have work comp insurance which is required by California law). This medical care or treatment includes all necessary medical examination, diagnostic, surgical, chiropractic, acupuncture, and other hospital treatment along with any necessary nursing care, medication, crutches, orthotic and prosthetic devices, and other medical services that is directly related to the work related illness or injury.
  • Origin of the Make Whole Doctrine | For San Diego Personal Injury Cases The make whole rule developed as an equitable defense to health insurance subrogation claims. Therefore, it is important for you to understand in your San Diego personal injury case. Under the rule, an insurance carrier seeking subrogation was denied any recovery until and unless the insured was made whole. This raised the issue of how one determines when an insured is made whole in order to apply the rule!
  • Specific On the Job Injuries Compared with Cumulative Injuries | San Diego Under the California Labor Code, there are two types of injuries that a California worker can suffer on-the-job or during their course and scope of employment. The first type is there is a “specific" on-the-job injury. This is the most common type of work comp injury when people think of a work comp injury. For example, if you lift something heavy and injure your back, or if you are assaulted during work, or if you are involved in a car accident while making a work related delivery, then these are all considered a “specific” on-the-job injury that result directly from a specific incident that can be identified. There is no question of the causation of the injury. The second type is called a “cumulative” or “repetitive” on-th-job injury.
  • Comparative Fault in a California Slip and Fall Case | San Diego Injury Lawyer California is a comparative fault state. This fancy word means that the citizens of California are held legally responsible in court only for their share, or their portion, of an injury to another. More specifically, a property owner may not be 100% at fault for a slip and fall; they can be apportioned a degree of fault, if facts exist to support it; for example instead of 100% fault, they can be say 75% at fault, and the injured party 25% at fault. Thus, if the value of an injury from a slip and fall were $100,000.00 then that value is deducted by 25% or $25,000.00, and the value award to the injured party would be $75,000.00.
  • Head Injuries & Mandatory State Motorcycle Helmet Laws | San Diego Injury Attorney Here is an interesting statistic; did you know serious brain injury or trauma resulting in long-term, not short-term, disability is more common among motorcyclists injured in states without universal helmet laws? This finding comes from a recent research study. The research study went on to say that it found motorcyclists living in states without helmet laws were more likely to die in the hospital emergency room from their injuries due to a traumatic accident too!
  • What is a Traumatic Brain Injury | San Diego Brain or Head Injury Attorney San Diego Brain Injury Lawyer: A Brain Injury Accident is a potentially life altering event and may result in long-term or short-term impairments (under the AMA Impairment Guidelines 5th Edition). Brain injuries have differing levels of severity and affect each victim differently because each person's body is different, and each accident is very different bio-mehanically speaking. A person who has suffered a brain injury or brain trauma from an accident may have to readjust many areas of their life, and, sadly, they may not be able to continue living the way they did before the injury. Some areas that may be affected as a result of brain injury may include the following areas:
  • California Independent Medical Exams Exposed | San Diego Accident Lawyer As you will read below, IME’s are NOT “independent” in any sense of the word, and they are regularly used by insurance companies to improperly deny benefits to deserving people in their respective accident claims. The problem is at first blush it seems "fair" for an at-fault party to use an IME to understand the injured party's injuries; however, it is my opinion that they have been eroded to "pigeon hole" each injury claim as undeserving, and incentives are given to the IME doctor to be on a mission to look for anything, and I mean anything, that can make an injury case worth less no matter what (it is not about being independent or fair any more, and maybe it never was).
  • Reasonableness in your California Slip or Trip and Fall Accident Injury Case The legal term "reasonableness" and your California premise liability case can often times be confusing to some injury clients. When you set about to show that a property owner is liable for the injuries you sustained in your California slip and fall accident, you will most likely have to show, at some point, the reasonableness of the property owner's actions that led to the injury in the first place. In order to help you with this situation, here are some questions that you should be able to answer before starting a case with a lawyer in California:
  • San Diego Auto Accident Lawyer | Soft Tissue Injury is Not a Minor Injury The insurance companies spend millions of dollars each year to make sure their adjusters are trained to evaluate injury claims. Part of this training involves giving the adjusters the mindset that all soft tissue injuries are minor and all soft tissue injuries heal within four to six weeks.This mindset is dangerous because it is black and white, and, unfortunately, the vast majority of adjusters believe it is true. It is also dangerous because it “pigeonholes” every soft tissue injury case into a minor injury category, which simply goes against the medical facts. It also excludes age, sex, weight and other important factors that help explain the severity of a soft tissue injury.
  • Chula Vista Injury Law Firm | Loss Motion Segment Integrity Injury If loss motion segment integrity is found, it can be documented using the impairment ratings via the AMA Permanent Impairment Guidelines Fifth Edition (see Secret #4). Generally speaking, a segment integrity found in the neck (cervical) can have a 20% permanent impairment, and if found in the low back (lumbar) it can be a 25% permanent impairment. Thus, it is possible to be diagnosed with a 45% impairment in the neck and back just on loss motion segment integrity.
  • Negotiating your Medical Bills | San Diego Accident Claim Lawyer How is your attorney going to maximize your recovery when a settlement offer or judgment is made on your injury case? The answer lies in your attorney’s experience level in negotiating down your medical bills and with your own health insurance provider, which usually has an interest in getting paid back at the time of settlement.
  • How Long Will My San Diego Personal Injury Case Take To Settle? The simple answer is, no one really knows because there are generally three unknown factors at the beginning of a case that influence time: ? How long it will take for your body to heal from an accident; ? How long it will take for all treating doctors to complete their medical findings on you; and, ? How long it will take for your attorney to communicate the medical findings to the insurance company for its review.
  • Damages You Can Recover From a San Diego California Accident Case An automobile insurance company is usually only interested in paying you the least amount of money to settle your auto accident bodily injury claim, but an experienced, competent and reputable California car accident lawyer will pursue all types of compensation for an auto injury client. This is what "levels the playing field" when it comes to a California car or motorcycle accident and a California insurance company. If you or someone you know has been injured in an auto or motorcycle accident, you may be entitled to recover compensation for your injuries and damages.
  • Possible Sources of Recovery for a Car Accident Case | San Diego California t is in your best legal interest that you hire a Chula Vista California Car Accident law firm that will do more than just file a claim with an insurance company on your behalf, especially because the available insurance policy may turn out to have insufficient limits to fully cover your damages in your bodily injury claim. A resourceful Chula Vista auto accident lawyer will investigate all sources of compensation and pursue all avenues of recovery for injured claimants, including any passengers you may have had with you (or if you were the injured passenger in someone else's motor vehicle).
  • Tips On What to do Following a California Motorcycle Accident | San Diego Report the California Motorcycle Accident: Unless you are transported from the scene by ambulance, call the police and report the motorcycle accident. A police officer will be dispatched and he or she will write a police report that will document the facts of the motorcycle accident, and will identify the other parties involved, along with any witnesses, and insurance information.