Los Angeles Injury - My blog about personal injury

Information and examples of personal injuries

Personal injuriesPersonal injury law is a legal defense that is made during a civil lawsuit; brought on due to wrongful conduct. Often when a slip-and-fall accident occurs, it is difficult for personal injury lawyers Los Angeles to clarify an unpreventable accident and a clear case of personal injury. Examples of personal injuries are neglected hazards, such as someone slipping on a banana peel or a plaintiff’s carelessness like someone watching a truck unload behind a warehouse and the person going through the gate to ask directions. As he or she approaches the truck, he or she slips on an oil spot, falls and has an injury.

When a slip and fall occurs, there are several things you and I should do; things that might improve our odds. The first step to take is to determine if you or I am at fault. Then, document all the details of the incident. To do this, write down what happened, what caused the fall, what conditions on the property that were improper or careless and what was the reaction of the property owner when the incident occurred.

It is also important to talk with anyone who witnessed your fall. This can make a big difference in winning your case. Be sure to get their contact information and a few sentences on what they saw. If possible, take some photos of the property; particularly any conditions or areas that were dangerous. In addition, take photos of any injuries that occurred to you.

The most important step to take is to contact a slip and fall injury lawyer. He or she has experience in handling slip and fall claims. Keep in mind; to win a slip and fall case, you will need to prove that the property owner did not act in a responsible and caring way. It is most important to notify the property owner of your injury. If you fail to do this, you chances of winning your case will be poor.

To conclude, Personal injury law is a legal defense that is made during a civil lawsuit. Talk with a personal injury lawyer and find out about preventing slip and fall accidents.

Medical Malpractice Litigation: Common Medical Mistakes To Look Out For

When you trace the origins of medicine, there’s a kind of eeriness about it. It was mostly experimental in nature. Experiments were carried out on cadavers, and for the most part, the earliest ‘doctors’ were simply trying to figure out the makeup of the human anatomy. Even when they did finally figure it out, operations were carried out on live patients. Anesthetic was non-existent, let alone morphine.

The Elixir Of life

However, today we live in an era where living forever is now a possibility. But as if prolonging human life wasn’t enough, we go on to sue doctors for ‘professional’ malpractice. Whilst this might seem unfair at first, it makes sense. Which is why there are common medical mistakes to look out for in the event that your suffer personal injury at the hands of a medical professional.

Common Medical Mistakes To Look Out For

  • Being Mistaken For someone else. Your fate: donating a kidney when you were scheduled for an appendix removal. Double whammy!
  • Surgical implements being left inside your body. Serious possibility of infection.
  • Incorrect administration of anesthetic. Wake up in the middle of an operation! Could be fatal if patient falls into shock.
  • Wrong medical prescriptions. Prescriptions get mixed up and you end up addicted to propofol.
  • Delayed treatment. Mostly common in congested public health care facilities.
  • Improper or inadequate post-operative monitoring.
  • Improper diagnosis. Your doctor says you have cancer but in actual fact you’re experiencing an easily treatable bowel infection. All those months of chemotherapy, for nothing!
  • Use of contaminated surgical tools.
  • The list is endless.

The Standard Of Care: Reasonable Expert

When claiming damages for personal injury brought about by an operation gone wrong, you must prove negligence. As such, the test for negligence is that of the reasonable person. The question is, “would a reasonable person had acted differently in the circumstances?” Primarily this is an objective test.It sets a standard of care reasonably expected in the medical profession.

Foreseeability and Preventability of Harm

The final nail in the coffin would be to prove -with the help of expert medical opinion- that a reasonable medical professional would be able to foresee the possibility of his conduct injuring another -and takes steps to prevent it. It is only then that liability arises and you can sue successfully -assuming that you can prove all the other elements of a tort.

Physical Vs Psychological Injuries – What Are The DIfferences?

Psychological InjuriesSome people may think that both are one and the same. However, physical injuries and psychological injuries are different from each other, each in their own prospective ways. Physical vs psychological injuries – what are the differences? Please read on to learn more. You will be glad you did. The causes for physical injuries can be numerous in definition. These are just a few examples of the many causes that are possible for them.

What are physical injuries? How do they happen? Physical injuries are something that happen as the result of an accident, from a sport, or some other form of physical activity. Physical injuries can occur in car accidents, industrial or on the job site accident, or due to a slip and fall incident. When accidents of this type happen to someone, he or she is unable to physical enjoy their own properly or life, and this can prove to be very devastating to the victim in a number of ways personally.

Physical injuries can also end up becoming the basis for a personal injury lawsuit. If there is the presence of negligent or intentional conduct of, either an individual or a company to be the cause of these specific injuries, the person that is injured does have the right to file a claim and sue for damages against the party responsible.

What are psychological injuries? Psychological injuries can happen in a variety of ways from auto accidents to on the job accidents to experiencing physical assault to serious bodily harm to natural disasters to beyond. Psychological injuries are something that know no specific age, and they don’t discriminate, which clearly does mean that they can happen to anyone. They can also affect individuals who have been involved in some form of traumatic event. Psychological injuries, just like physical injuries, are something that can end up making it difficult or impossible for a person to return to work and their everyday life.

Any form of serious personal injury that does occur from psychological distress can be debilitating and life-changing. Therefore, with this said, if a certain party or company is libel for causing it. They are also subject to being sued for any damages by the victim. Because, of this fact, psychological injuries can be complex. They can also bring immense hardship to those who suffer them. Therefore, if they do happen, it is highly advised for a person to seek professional legal help promptly to file a claim on their behalf.

Physical vs psychological injuries are indeed different from each other. Nonetheless, they are both alike in one way, and this way is in the damage that is done to them and their lives.

The injuries that are sustained can be for always in some cases. Physical vs psychological injuries – what are the difference? Some of the answers have been in highlight here. Nevertheless, there is still a whole lot more, which does go along with both of these specific types of injuries. It is best to consult a legal pro who is experienced in the field of persona injury for more information, insight, and advice.

The Responsibilities Of a PI Attorney

Personal injury (PI) claims are more common than you might think; in fact, there is a new claim about every two seconds in the US. A personal injury is any type of injury potentially caused by the negligence or wrongful actions of another person, company or entity. If you feel this applies to you, it is important to consult an experienced personal injury, or PI attorney.

ResponsibilitiesThe responsibilities of a PI attorney are to provide legal representation, and to guide and support you through every step of what can potentially be a long and confusing process. A personal injury can be anything from an accident in the workplace to medical malpractice, a car accident or injuries from a dog bite and the first responsibility of the attorney is to evaluate the case and decide how best to proceed.

If your case is accepted by an attorney, the other responsibilities of a PI attorney will then come into play. Your attorney will start to gather as much evidence as possible, and will contact the other party to obtain relevant information, a process called discovery. The scene of the accident is also examined carefully, and any witnesses or people who may have any insight into the accident will be contacted.

Your PI attorney will do all possible to prepare for a trial and increase your chances of a successful outcome, unless the personal injury claim is settled before that happens. Most personal injury cases are settled out of court, although the procedure can still be time consuming and frustrating. However, if your case is one of the few that ends up in a civil trial, you will definitely need a good PI attorney to help you. If you have a personal injury claim, or think you have, always consult an attorney who specializes in this area of law.

Criticisms about Personal Injury law

CriticismsCriticisms about Personal Injury Law can be found in every state of the Union. The reason for that is every state has their own set of laws and statues. So, depending on where you live, you can win, but not break even. People are conditioned to think if they get hurt, they can sue to make up for it, this is not always true. In sad instances, some people lose everything they have worked for before they ever see a settlement.

In all 50 states, there is a statute called the Statute of Limitations. The statute sets a time limit on how long you have, to file your lawsuit. The time limit is from one to seven years. The states break it down even further to different injuries, such as personal accidents, motor vehicle accidents, medical malpractice. Children under eighteen may have longer than an adult to file. This period does not begin until the person filing suit knew that they had suffered harm. An example of “discovery of harm” claim of malpractice, where a surgeon leaves a clamp in the patient, the time would start when the patient was notified of the error.

It does not, however, give a time limit in which the case will be settled. While you may be restricted by a time limit, the insurance company of the person you are suing can take as long as they want. My question, why does someone living in Maine or North Dakota have six years to file, while the person that lives in Tennessee only has one year. In this sense, the man living in Tennessee is not equal to the man in Maine. Is the man living in Tennessee represented the same as the men from other states? We were raised to believe that all men are created equal. Criticisms about Personal Injury law only happen when the laws are created unequally and made to favor businesses and not people.