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San Diego Personal Injury Law Blog

Under construction: Every day risk of personal injury

When a California neighborhood is considered to be safe, people usually mean that there is not a high risk of becoming the victim of a crime. While certainly, this is an important aspect to consider before taking a walk around one's community, crime is certainly not the only risk. Sometimes, a person can suffer a serious personal injury quite unexpectedly, and in many cases, a victim may hit be aware he or she is in danger until it is too late. 

Recently, a small group of people were making their way on foot through Hollywood. As they approached a building that was under construction, they likely had no idea that disaster would soon strike. For reasons that are still largely unknown, scaffolding collapsed on the pedestrians. 

What should I do after being in a car crash?

Being in a car crash can be so unexpected and frightening that you may feel a little stunned once it is all over. Because the experience can be so startling, people sometimes find it difficult to determine what actions they should take after the crash. To help avoid this moment of confusion, it can be helpful to know ahead of time what actions you should take in this situation.

Actions to take immediately following the crash

Wrongful death: Support is available for grieving families

Learning that a loved one has died due to injuries suffered in a California car accident is devastating. Coping with the aftermath of such news often wreaks havoc upon grieving family members. When accident victims are children, grief is intensified. Many collisions are the result of negligent driving behavior; in cases of fatal injury, an immediate family member may file a wrongful death claim to seek justice on behalf of the decedent.

It is impossible to replace the loss of a human life. Such tragedies often leave grieving families completely unprepared to meet funeral expenses or other costs associated with their loved ones' deaths. When driver negligence has taken a person's life, those grieving the loss should not have to bear the financial burden prompted by the situation.

Workers' compensation benefits for slip, trips and falls

Occupational injuries occur in all settings, and while each industry has its unique safety hazards, some risks are inherent to all workplace environments. The number of workers' compensation claims that are filed for injuries resulting from slips, trips and falls is an obvious indication that more attention must be paid to the mitigation of these hazards. The consequences of such accidents could be life altering, and California safety authorities say that both slips and trips can be prevented with minimum effort.

The lack of traction or friction between feet and walking surfaces cause slips, and trips typically result from a worker losing his or her balance when a foot strikes an object. Typical circumstances that lead to slip-and-fall accidents in workplaces include slippery conditions caused by spills, oily walking surfaces, loose floor mats and flooring with various degrees of traction in different areas. Wearing non-slip footwear and cleaning up spills immediately can prevent most slip-and-fall accidents.

Reckless driving often leads to personal injury

All licensed drivers in California and beyond are legally obligated to adhere to traffic and safety regulations when they get behind the wheel. Such regulations are governed at the state level and may slightly vary by state; however, most states have laws against reckless driving, as such behavior places drivers, other motorists and pedestrians at great risk for personal injury. An incident occurred near a children's hospital recently that prompted an investigation by state highway patrol officers.

It was a Tuesday afternoon when the accident occurred. Two vehicles were involved. Preliminary investigations reportedly showed that one of the drivers was being reckless moments before the crash. He was allegedly weaving in and out of traffic when he suddenly lost all control of steering, veered over the line and hit an oncoming vehicle in the other lane.

Workers' compensation claim may benefit survivors

If a California employee were to be asked why he or she works so hard, a common answer may be that he or she does all he or she can to provide for his or her family. As the cost of living continues to rise, and the availability of full-time employment remains uncertain, people may consider themselves fortunate to find a job that can pay the bills. When a worker is seriously injured, or worse, killed on the job, grieving families must face the loss of a loved one and an uncertain financial future. In such cases, a workers' compensation claim may benefit survivors. 

Recently, a married father was performing his duties at a California citrus farm. He needed to shut down a large windmill, a process he had completed on numerous prior occasions. The man's brother, a fellow worker, reported the tragedy that unfolded suddenly. 

Auto accidents already claiming lives in new year

While most people were celebrating with friends and family as they rang in a new year, a few California families were forced to spend New Year's Day mourning. While there is always a risk of auto accidents on the road, the risk increases exponentially if someone is driving under the influence of drugs and alcohol. In a recent news headline, the dangers of impaired driving are evident. 

The tragedy began as a mother and her 9-year-old daughter were making their way through traffic on a California road. A sedan, traveling at a high rate of speed, slammed into another car. The car the male driver struck crashed into a barrier wall. The driver at fault did not stop but continued speeding forward, slamming into the vehicle occupied by the mother and child. 

How is pain and suffering calculated as part of a damage claim?

If you are injured due to the negligence of another person, it can cause you to go through extended treatment and recovery time. You will naturally want to pursue monetary compensation for any losses you incurred. This can include the wages you lost by not being able to work and having medical costs paid for that were not covered by insurance. You may want to even cover losses due to missing out on favorite activities or even the loss of companionship.

Pain and suffering is another way you can receive benefits due to an injury that was someone else’s fault. While we all know what both pain and suffering are, when it comes to personal injury compensation claim, it is viewed as a loss of comfort, happiness and the ability to live a happy productive life after an accident.

Child victims of auto accidents: injured for the holidays

Most California children are probably counting down the days until the school year pauses for holiday break. Many look forward to gifts, trips, family traditions and even watching a favorite seasonal movie. Auto accidents can occur at a moment's notice, and unfortunately, a few children recently got a rough start to the holiday season. 

The day in question began as a regular school day for a group of California students, but ended in a frightening ordeal. A bus carrying over 30 children was traveling its usual route to school. As the bus approached the destination, disaster struck. 

Auto accidents as a result of crime a serious threat

California drivers are certainly no strangers to heavy traffic and the crashes that unfortunately result. Not all crashes, however, are innocent mistakes, and some auto accidents occur because someone is driving unsafely to avoid being caught after committing a crime. When a suspect in a vehicle is identified as a party to a crime, law enforcement may feel it necessary to give chase so a suspect is not able to escape. 

Recently, agents with the U.S Border Patrol discovered tire tracks that indicated a vehicle had crossed the border illegally. Agents are on high alert due to a recent rash of illegal crossings that often include human smuggling into the United States. Agents followed the trail and found parts of a vehicle that they determined to be a pickup truck. Soon after, agents came upon the truck in question, and the driver sped off. 

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