Personal injury lawyer in San Francisco CA

When it comes to understanding the glossary of commonly used personal-injury terms, your personal injury lawyer in San Francisco CA is going to be your best bet for doing so. Personal injury lawyers in San Francisco CA such as the ones available The Morales Law Firm have a greater understanding of these glossary of terms than the common layperson, however this does not mean you should not do research involving the terms available to you because you will hear them if you file a personal injury lawsuit you should understand them.

• Abstract of title: this is a chronological summary of all official records and recorded documents that affect the title of a portion of real property. This type of document helps to prove an owner’s right to dispose of the land that they are trying to dispose of, and it proves that there are no encumbrances to that property’s disposal.
  
• Assumption of risk: this is when somebody voluntarily procedures rest despite being in obvious and known danger. This means that the person who was injured knew there was a risk that they would be injured, such as going on somebody’s property in an area where they warn you that it is dangerous and can cause an injury. In this example somebody who is injured in this manner cannot receive monetary damages because they were warned of the danger and continue to proceed anyway.
  
• Civil rights: is a group of rights all citizens under the United States Constitution have. These types of rights are covered by all individuals who feel the rights have been violated to file a lawsuit against another person, private companies or even government agencies to recover damages and modify practices that infringe on the rights.
  
• Claim in a personal injury lawsuit: is a civil action that is tied to the physical or mental harm suffered by somebody who is suing another person for negligence.
  
• Comparative negligence: this is where the plaintiff’s contribution to the accident as compared to the defendant’s negligence, and this can affect how much money somebody pays out for their negligence.
  
• Damages: in a personal injury case this usually means payment which is often monetary, often covered in a civil court case for injury or loss that was caused by somebody else. 
  
• Duty: in the case of negligence the duty of somebody is to keep that person safe via a standard of care that everyone is expected to abide by depending upon the kind of case you are dealing with. If you are dealing with a medical malpractice case, then a physician has a standard of care that every other position in them is held by. If you are dealing with a property liability case, then you are owed a duty by that property owner to be warned about dangers on their property or for them to fix our property and ensure it is safe if it is a public space.
  
• Gross negligence: this is where somebody has an intentionally eligible form of standard duty because they are recklessly disregarding somebody’s health or property, otherwise they are ensuring this person is hurt.

If you have any questions about any of these phases, reach out to a personal injury lawyer in San Francisco CA.

Personal Injury Lawyer

If you’ve been injured in a ridesharing vehicle, your path to compensation is not very different from seeking damages from other drivers. As a personal injury lawyer in Bergen County, New Jersey from a firm like Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC can explain, your compensation mostly depends on which driver caused the accident. Read on to find out what you should do if you are injured as an Uber passenger.

Immediately After the Accident

If you’re injured and you’re still able to use your phone, call 911 right away. The sooner you receive medical examination and treatment for your injuries, the better. If you are mobile (and not injured severely) check on your Uber driver. Look for witnesses and bystanders who can help you move the car off the road. If flares are available, they can be placed around the accident scene to warn oncoming traffic. The police should arrive soon since the 911 call was already placed. If you or the driver are able, report the accident to Uber and tell them you have been injured.

After Police and EMS Arrive

Depending on the severity of your injuries, you might either need to go to the hospital immediately or you might be able to stay on the scene for a while. If you are hurt, but still able to talk to the police, get the officer’s name and ask for a copy of the police report. Use your cellphone to take a screenshot of the open Uber app, which should show the location of the accident as well as a time and date stamp. Take pictures of the car’s damage with your cellphone if you can.  You can also try to take pictures of your injuries before medical treatment.  

During and After Medical Treatment

The source and the amount of your injury compensation will depend on which driver was at fault. If it was the other driver who caused the accident, you will be filing your injury claim through his or her third-party auto insurance. However, if your Uber driver was at fault, you will first seek payment through his or her supplemental or commercial auto insurance. Once that funding has ended, Uber will pay up to $1 million dollars for your injuries.

If you were able to document your injuries with photos and saving your medical records, you will help provide solid evidence for your injury claim. Hiring a law professional can reduce the stress and confusion associated with these circumstances. For peace of mind, contact a personal injury attorney who has experience working with injured Uber clients. 

Volunteering Injuries

Volunteers provide many vital services to communities, and the benefits of volunteering are mutual to both the organization and the individual. As you contribute valuable time and skills to a volunteer organization, you also build experience that shines on your resume. In the midst of all of these benefits, you still unfortunately might get hurt while volunteering. If you are injured while doing volunteer work, what steps should you take?

Treat Injuries and Inform Supervisors

The first step to take in the event of any injury is to seek treatment. If any injury is serious or life-threatening, call 911. If your injuries are not serious, seek whatever help you can find at the scene and plan to follow up with your physician as soon as you can. Inform your supervisor at the volunteer site that you have experienced an injury. You may also need witnesses who can vouch for the experience of your injury, as well as documentation of the incident.

Learn About Volunteer Coverage

It is likely that your employer provides workers’ compensation for injuries or illnesses that occur on the job and that result in your inability to work. However, if you are injured while volunteering, whether or not you will be covered by the organization’s workers’ compensation insurance depends on where you are located. State laws vary on whether workers’ compensation is required for organizations that host volunteers. Some organizations choose to obtain workers’ compensation coverage for volunteers, but they may or may not be required to do so. It is important to talk to the organization that you were volunteering for to see if they offer workers’ compensation coverage.

In some states, public employers—like schools or townships—are required to purchase workers’ compensation insurance for volunteers in emergency roles who might be injured on the job. For volunteer firefighters or emergency medical technicians, this may be the case. Many public employers also obtain coverage for volunteers who contribute non-emergency services.

Get Support

If you were injured while volunteering, it is important to seek the help of a workers’ compensation lawyer. Even if you were volunteering your services instead of getting paid, a lawyer can help you determine your eligibility for workers’ compensation. A workers’ compensation lawyer will help you to make sure you have asked the right questions, collected all necessary evidence, and filed all materials that are necessary for your claim. 

Contact a workers’ compensation lawyer, like Hurwitz, Whitcher & Molloy, LLP, today to make sure you have all the support you need if you have been injured while volunteering.

If you suffered injuries while under the care of a medical professional, it is important to speak to a medical malpractice lawyer, like one from Hall-Justice Law Firm. Many people associate medical malpractice with physical injuries, but it can also cause severe emotional distress.

Symptoms of Emotional Distress

Emotional distress refers to the mental pain that occurs after a traumatic event. Suffering an injury because of a medical professional’s negligence can be very traumatic for many patients. Symptoms of emotional distress include depression, trouble sleeping, appetite changes, fatigue, anxiety and aggression.

When You Can File a Lawsuit for Emotional Distress

In order to have a successful medical malpractice lawsuit over emotional distress, you must prove that the medical professional who treated you is responsible for your emotional injuries. To do that, you have to show that the doctor-patient relationship existed, the doctor breached duty of care because of negligence, the negligence led to emotional distress and the emotional distress resulted in actual damages.

A mental health therapist may have to provide testimony about treating you. If your family members and friends witnessed how the emotional distress has affected you, they may be able to testify in court too.

Other pieces of evidence may include journal entries, mental health counseling bills, prescription costs and records of lost wages.

Speaking to a Medical Malpractice Lawyer

If you wish to pursue emotional distress damages that resulted from medical malpractice, your next step is to speak to an experienced medical malpractice lawyer. During your initial consultation, a lawyer will want to find out as much information about your case as possible. He or she may ask what type of medical error your doctor made and how it has affected you physically and mentally.

If you have any documents pertaining to your case, such as medical records and witness statements, bring along to the consultation. The more information your lawyer has to go on, the better.

If you have questions of your own, do not hesitate to ask them during the consultation. For example, you may want to know how many years of experience he or she has in medical malpractice law and the strengths and weaknesses in your case.

If you are the victim of medical malpractice, discuss the details about your case with a qualified medical malpractice lawyer.

Car accidents are notorious for resulting in dental injuries. The passenger or driver may sustain a traumatic dental injury when their face slams into the dashboard, steering wheel, or windshield. Their injuries may be disfiguring, permanent, and cause chronic pain for the rest of their life. What are their options in these circumstances? They very likely have grounds to file a personal injury claim against the at-fault party. If the negligent driver’s insurance company refuses to honor their claim, they may have grounds for filing a lawsuit against the insurance company and negligent driver in order to recover their damages. A consultation with a car accident lawyer like one from Greenspan & Greenspan P.C. can greatly clarify their legal options based on the details of the accident.

Orthodontic care is often expensive, particularly in the wake of a catastrophic car accident that leaves the victim with one or more serious dental injuries. Depending on the nature and severity of the injury, they may need numerous treatments over a period of years. They may require braces, tooth or gum surgery, or need to have their jaw wired shut until such time as their body has recovered sufficiently to undergo surgery. Until they undergo an exam by an orthodontist, it’s impossible to know for sure the extent of their dental damages. Accordingly, it will be impossible for them to know the costs associated with their dental injuries until after the exam.

The Role of an Orthodontist

Orthodontists are dental specialists who treat patients with misaligned teeth, jaw issues, overbites, and other conditions. An orthodontist is a doctor who underwent years of post-graduate dental schooling. When an individual suffers extensive trauma to their mouth area, the affected teeth and gums may require orthodontic treatment to reverse the damage. Because they are specialists, general practice dentists may refer a patient to the orthodontist to receive care that other dental professionals are not qualified to provide. When seeking treatment prior to filing an injury claim, it’s important for the patient to save their receipts and invoices so that their lawyer can use that information to document the damages. The patient will also have to provide a release to the lawyer so that they can access the patient’s medical records for inclusion in the claim.

Common Dental Injuries Resulting from Car Accidents

As mentioned above, dental injuries are not uncommon among car accident victims. Though any number of injuries might occur that are dental related, some are more common than others. They include:

• Broken or fractured jaw
• Broken or fractured tooth
• Misaligned tooth
• Fractured tooth root
• Damaged braces

Proof of Liability and Damages

With the help of a car accident lawyer, a victim can present proof of liability, proof of injury, and proof of material damages to the at-fault party’s insurance company. The insight of a skilled lawyer is often invaluable. They can identify the full extent of damages suffered by the victim. For instance, they can determine if the victim has grounds to include pain and suffering related to the dental injury within the list of damages. After seeking medical attention from a dentist, you may wish to consult a car accident lawyer to learn more about your legal options.

Construction Site Injuries

Working construction has its pros and cons. For example, it’s typically a steady job with all the growth taking place around the country, but it’s also fairly dangerous depending on what role you play. Being injured while on a construction site is a true risk that most workers are unable to avoid. When you are injured, you are typically entitled to compensation. Some common construction site hazards include moving objects, noise, working at height and falling.

Moving Objects

Construction sites have constant movement. Whether it’s mechanical or manual, there’s always a tool or a worker that’s doing something. Moving objects include hammers, diggers, cranes and even objects falling from someone working at height. To reduce the chance that you might become injured by a moving object on a construction site, do your best to distance yourself from the moving objects on the site. If a moving object doesn’t have lights on it, attach reflectors, and always use PPE that includes reflectors.

Noise

Sometimes construction workers don’t experience the damage from noise until well after retirement, but that doesn’t mean it’s not an issue. Noise is a serious hazard of construction sites because of how loud it gets and how long a worker will be susceptible to the noise. Some noise causes hearing loss, while other noises could distract a worker, leading to other types of injuries.

Working at Height

Every construction worker who is required to work at height should undergo proper training before heading up. Roofs, scaffolding, ladders and other high surfaces all pose a risk, and there are different safety protocols for each. If you can, avoid having to work at height, but if the job does require it:

• Do as much of the work as possible on the ground before going up.
• Use equipment that isn’t quite as dangerous as tools you might use on the ground.
• Secure yourself and follow other safety protocols, such as using a safety net.

Falling

There are so many ways someone could trip, slip or fall when on a construction site. There’s always a lot going on, and sometimes things just get messy. Some things you can do to avoid a trip or a fall include cleaning up your workspace, watching for uneven surfaces, putting away the cables and marking slippery surfaces properly.

Contact an Attorney

Construction site accidents happen far too often. If you are injured while on a construction site, contact a personal injury lawyer from a firm like Greenberg Law Offices for assistance.

Medical Malpractice Lawyer

Instances of medical malpractice can result in debilitating, painful, and expensive injuries and complications. If you believe you may be a victim of medical malpractice, you’ll need to know what does and does not count as medical malpractice.

What Counts as Medical Malpractice?

Medical malpractice is broadly defined as when a healthcare provider causes harm to a patient due to negligent care. The harm caused must be a result of improper care and not harm caused in the line of treatment. In other words, harm in itself is not sufficient for a case to be considered medical malpractice. For example, chemotherapy may be considered harmful, but as long as it’s administered properly (harm caused by improper use of chemotherapy may qualify as medical malpractice), it is generally not medical malpractice.

Any harm caused by medical malpractice must also be significant enough to warrant pursuit of the case or the cost of litigation may be greater than the compensation. You must prove that your injury resulted in disability, loss of income, suffering, or significant medical bills.

In addition to undue harm, another key aspect of any medical malpractice case is that the standard of care was violated. Standard of care refers to prescribing treatment that makes logical sense and is in line with what other healthcare providers would prescribe for the same problem. If a healthcare provider deviates from the standard of care and this causes injury, then medical malpractice is likely to have occurred.

What Are Some Types of Medical Malpractice?

Errors during surgery, anesthesia, diagnosis, childbirth or medication are all types of medical malpractice.

• Surgical errors may include operating on the wrong patient or body part, leaving surgical tools in the patient’s body, or damaging other organs.
• Anesthesia errors can refer to improper intubation, administering the wrong amount of anesthesia, failing to check a patient’s medical history before administering anesthesia, or neglecting to explain proper pre-anesthesia procedure to the patient undergoing anesthesia.
• Diagnostic errors might be diagnosing the wrong condition or failing to diagnose a condition that leads to undue harm. A common type of medical malpractice in this category is failing to diagnose a serious condition that requires early treatment, such as cancer, which leads to complications later.
• Childbirth errors can include improper prenatal care or causing harm to the fetus or mother.
• Medication errors may refer to prescribing the wrong medication or administering the wrong medication or dosage. The latter is a common mistake made by nurses.

It can be difficult to understand if you have a medical malpractice case. You may be entitled to compensation. Consulting a medical malpractice lawyer in Bloomington, IL from an experienced firm like Pioletti Pioletti & Nichols, who can explain your options to you, can help you decide whether your case is worth pursuing. 

If you are harmed due to someone else’s negligent, reckless, or intentional actions or inactions, you may be able to seek compensation for damages. As an experienced personal injury lawyer – including those who practice at Telaré Law – can confirm, it is important for injury victims to avoid making assumptions about the kinds of damages that they may or may not be entitled to before consulting with a knowledgeable attorney. It is never helpful to get one’s hopes up too high or to have them settle too low. Genuine legal knowledge and guidance is power in this respect. 

Compensatory Damages

Compensatory damages are broken down into two categories: general and special. Both types are designed to compensate the injured party for any harm suffered. Seeking compensatory damages is a standard practice in personal injury lawsuits. 

General compensatory damages cover any harm you have suffered as a result of your injuries that is not easy to monetize. General damages typically include the following:

• Pain and suffering
• Physical impairment or disfigurement
• Mental anguish
• Lowered quality of life
• Loss of companionship
• Loss of consortium

Special damages specifically compensate you for financial expenses incurred due to the accident or injury. These damages vary on a case-by-case basis. Typically, special damages claims do not have monetary caps, so you can ask for as much as you believe is fair to cover your financial loss. Common categories of special damages include the following:

• Medical bills, including the cost of future medical treatment
• Loss of earnings (past and future)
• Household expenses

Punitive Damages

Punitive damages are not commonly awarded in personal injury cases because they are specifically used to punish the negligent party, not to compensate for harm. The wrongdoer has to have acted in a way that is deemed grossly negligent and malicious for you to receive punitive damages. 

The following states/U.S. territories do not permit punitive damage awards in personal injury cases:

• Nebraska
• Washington
• Puerto Rico

Unlike compensatory damages, punitive damages usually have a cap on the maximum amount that you can ask for. 

Wrongful Death Damages

If you have lost a loved one due to another’s conduct, you may be able to ask for wrongful death damages. This type of reparation is typically meant to cover the cost of the following:

• Funeral and burial expenses
• Medical care incurred before the death and as a result of the injury
• Emotional distress
• Loss of financial contribution
• Loss of companionship
• Loss of consortium
• Loss of support
• Loss of services

Do not hesitate to contact a personal injury lawyer if you believe you may deserve compensation for an accident you were involved in. 

The death of a loved one is not something that anyone wishes to contemplate or go through, and a family’s grief is even greater when the cause of death is stemming from another person’s wrongdoing such as recklessness, negligence or even willful misconduct.

A wrongful death lawyer is going to be able to walk you through the profound impact of the unforeseen such as losing a family member or close friend. These types of losses affect the surviving family and friends, and in this time we grieve the family is going to often have trouble handling the legal burden of a wrongful death claim, however this does not make that family any less deserving of receiving compensation for the loss.

An experienced wrongful death lawyer, such as the ones available at Daniel E Stuart, PA, can help to put the family at ease. They are often going to work tirelessly for their clients to ensure clients and families are able to spend more time coping with emotional trauma and grief about the loss and less time worrying about the complicated and frustrating legal work that they need to go through to receive compensation and justice.

If you and your family have lost a loved one due to someone else’s wrongful acts or omissions you should contact a wrongful death lawyer, one of the many lawyers who is going to be able to help you understand your legal rights and your options.

Who can file a wrongful death lawsuit, this is different from state to state however the typical way the general public looks at it is that the legal beneficiaries of the decedent, which is typically the family, can file for a wrongful death lawsuit. This person must have a legal representation of the decedent’s estate to file this claim, and it must be against the party to cause the victim to die. The legal representative is often the executor of the deceased person’s estate as named in their will, and if the named executor declines to serve for the deceased person who did not have a will the court will appoint a personal representative to represent the decedent’s estate. That third party is called an administrator and typically courts will appoint a close family member such as a spouse or adult child or maybe a parent to serve the role.

Your wrongful death lawyer and only what is going to be able to assist you in a wrongful death case by investigating the circumstances of your loved one’s death and recovering evidence that may be used in the wrongful death claim, identifying the parties at fault for your loved ones passing, collaborating with medical professionals and expert witnesses to prepare reports and testimony that she is a your loved one died and why the other party there’s a possibility for your loved ones passing, experts also to the extent of financial losses in your family. Your lawyer may also file claims for compensation without for parties and their insurance companies, negotiate for a settlement and prepare to take a claim to court.

Suffering any form of personal injury can change your future, but what happens when those injuries were caused by someone else’s negligence? After a serious accident, you may find yourself facing medical bills, the inability to return to work and limited mobility that can affect almost every aspect of your life. If you plan to build a lawsuit with assistance from a personal injury lawyer like one from The Law Offices of Konrad Sherinian,  LLC, the burden of proof will likely be upon you, and there are several ways you can prove your pain and suffering. 

1. Compile Medical Reports 

One of the strongest pieces of evidence your attorney can present at a personal injury trial is a doctor’s report that lists your injuries, their consequences and the cost of future treatment, if any. Ask the physicians you see if they can include copies of X-rays and any diagnostic tests that can further prove your case. If you require physical therapy, ask your rehabilitation team to compile a report that outlines why treatment is necessary and how long it might take for you to recover. 

2. Present Letters From Your Employer 

Proving your inability to work because of your injuries can strengthen your personal injury case, and you may be able to do so with letters from your employer that state this fact. Ask him or her to list your duties and explain how your injuries keep you from performing these tasks. Such a report may help support the information you receive from your doctor. 

3. Injury Photographs 

Documenting your injuries with photos can give the judge and jury for your case a better idea of your pain and suffering. Photograph bruises, broken bones and any other signs of visible trauma as soon as possible so those deciding a verdict can see the immediate results of the accident. This type of evidence is usually difficult to ignore and can speak volumes about what you have endured due to someone else’s negligence. 

4. Therapist Testimony 

If your injuries caused you emotional and mental trauma that required therapy, then asking your therapist to testify at your trial may bring additional weight to your case. He or she can inform the court about how the accident caused you significant emotional suffering, which can be helpful if you want to seek punitive damages when you feel the person who caused your injuries was especially negligent. 

Being seriously injured due to someone else’s carelessness can make you feel like you have nowhere to turn, but assistance is available. Contact an attorney today for a consultation and further information.