California Injury Attorney Blog

Serious Personal Injury May Result in Death and Significant Loss says Catastrophic Injury Lawyer Steven Peck

Thu, 05 Jan 2012 06:15:00 -0800

Serious injury and Catastrophic Injury is defined as "a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

Trucking Personal Injury Accidents Are Highly Prevelant On Our Highways

Wed, 04 Jan 2012 08:10:00 -0800

Nearly 3.5 million truck drivers fill America's roads and serve as an integral part of the nation's economy. Unfortunately, however, because of the prevalence and size of commercial trucks, truck accidents pose a significant risk to other motorists and pedestrians. The most recent data available shows that approximately every 16 minutes a person is killed or injured in a truck accident. Nearly 98 percent of fatalities involve the death of a driver or passenger not in the large truck.

Most Common Causes of Truck Accidents:
•Non-performance: Causes risk when a driver falls asleep, has a heart attack or is otherwise unable to drive due to a physical impairment
•Performance: These errors occur when a driver overreacts or panics and further increases the risk of accident
•Recognition: This occurs when the driver is distracted or otherwise inattentive to the road
•Decision: The driver follows another vehicle too closely, is going too fast for the road conditions or misjudges another vehicle's speed or direction
In approximately 4 percent of crashes involving fatalities, truck driver fatigue was listed as the primary reason for the crash. About .06 percent were caused by the driver's consumption of alcohol.

Preventing Crashes:
Truck accidents are an unfortunate danger on today's roads. If you or a loved one has been in a truck accident, contact a Peck Law Group attorney familiar with truck accident cases early after your accident. There is much-needed investigative work that should be done before the trucking company moves the vehicle. A safety inspection can be done and spoliation of evidence letters must be promptly handled.

$4.35 Million Dollar Settlement for Personal Injury Trip and Fall

Fri, 23 Dec 2011 15:15:00 -0800

A $4.35 million settlement has been reached in the case of a woman who tripped and fell over a garden hose in a newly-opened Lowe's store, reports the Visalia Times-Delta. The woman, a 71-year-old California resident, was a well-respected children's advocate who served as director for the Tulare County Office of Education Child Care Program. While browsing the flower department at Lowe's, she tripped over the hose, breaking her arm and hitting her head. She then suffered a stroke. She is paralyzed now on one side of her body, and lives in an assisted-care facility. According to the Visalia Times-Delta, the accident took place just 24 days after the Lowe's store opened.

Trucking Accidents Will Cause Serious and Catastrophic Personal Injury

Thu, 01 Dec 2011 08:40:00 -0800

The statistics are out for 2010 for Semi Truck, Tractor Trailer, and Commercial Vehicle accidents in the U.S. And the numbers continue to go up. In 2010 over 500,000 Large Truck and Commercial Vehicles were involved in accidents; with over 100,000 people sustaining serious injuries, and over 5000 people dying in these crashes. This was compared to only 3200 deaths involving large trucks in 2009, according to the Insurance Institute for Highway Safety.

Don't expect these numbers to "flatten out" in the near future as over 20% more Trucks are expected to hit the roads by 2012. The problem is systemic since the more accidents that continue to occur, the more lawsuits are then filed, and the more backed up the court systems get. says Peck Law Group Truck Accident and Personal Injury Attorney Steven Peck. It is a problem for everyone across the board, since insurance companies in these types of cases are very slow to settle says Peck. However, most affected by this are the many innocent accident victims who have been seriously injured by commercial vehicles and desperately need representation to get them the financial help victims shall need for their pain and sufferinfg and lost income. Unfortunately, these statistics are troubling for accident victims since the trend only seems to be going higher and higher each year Truck Injury Lawyer Peck says.

Many safety groups have called for the U.S. DOT to increase safety regulations to stem the death toll due to the increasing high number of Semi Truck, Tractor Trailer, and Commercial Vehicle Accidents that continue to rise year over year. This is especially true in large states with large commercial truck traffic such as: California, Texas, New York, Florida, Ohio, Pennsylvania, and Arizona.

Surgical Site Infection Can Cause Serious and Catastrophic Personal Injury

Wed, 30 Nov 2011 07:55:00 -0800

A surgical site infection, or SSI, is an infection of a wound you got from surgery. It may develop within the first 30 days after surgery. Oftentimes, SSI occurs 5 to 10 days after surgery. SSI may affect either closed wounds or wounds that were left open to heal. It may affect tissues on any level of your body. Infections may develop in superficial (close to the skin) or deep tissues. In more serious cases, SSI may affect body organ(s).

What causes a surgical site infection?Surgical site infections are caused by germs, called bacteria. Different types of bacteria may reach the wound and cause infection. The bacteria may come from your skin or from the environment, such as soil, air, or water. They may come from the object that caused your wound or from tools used during the surgery. They may also come from inside the body, where they normally live without doing harm.

What puts me at risk of having a surgical site infection?The risk of having an SSI depends on different factors. These factors include the following:

•Diseases: Diseases, such as diabetes, cancer, and liver, kidney, or lung conditions may slow the healing process. Medical conditions, such as low blood protein may also affect healing.

•Foreign objects: Dead tissues and foreign objects, such as glass or metal, present in the wound may delay wound healing. SSI may also be likely if you have an infection on another part of the body, or a skin disease.

•Poor blood or oxygen supply: Blood flow may be affected by high blood pressure, and blocked or narrowed blood vessels. This may be a common problem in people who smoke, or have blood vessel problems or heart conditions. Low oxygen supply may be caused by certain blood, heart, and lung diseases.

•Type of surgery: Your chances of having SSI is increased when surgery is done on an infected wound. Emergency surgeries on traumatic injuries, and surgeries lasting for 3 hours or longer, also increase your risk. This may also include surgeries done on certain body organs, such as the stomach or intestines (bowels). The risk may be greater if an object pierced through the skin and into an organ. SSI is more likely to occur after an open surgery than surgery using a scope. Having drains or blood transfusion may increase the chances of bacteria reaching the wound and causing infection.

•Weak immune system: The immune system is the part of the body that fights infection. This may be weakened by radiation, poor nutrition, and certain medicines, such as anti-cancer medicines or steroids. Being overweight, or too young or too old, may also decrease your ability to respond to injury.

What are the signs and symptoms of a surgical site infection?•A wound that is painful, even though it does not look like it should be.

•High or low body temperature, low blood pressure, or a fast heart beat.

•Increased discharge (blood or other fluid) or pus coming out of the wound. The discharge or pus may have an odd color or a bad smell.

•Increased swelling that goes past the wound area and does not go away after five days. Swollen areas usually look red, feel painful, and feel warm when you touch them.

Serious and Catastrophic Personal Injury Must Be Adequately Compensated

Tue, 22 Nov 2011 06:15:00 -0800

In California, you can legally drive a Mercedes Benz, but state law only requires you to carry $15,000/$30,000 liability insurance. Where is the sense in that? Your vehicle is capable of wreaking havoc in even the most minor of accidents. Moreover, if you cause a serious and catastrophic injury because of your negligence, and are "judgment proof," as many people driving on California roads are, there is a very low likelihood that the person you hit is going to be adequately compensated from your minimal insurance policy. Put the shoe on the other foot. What if you are walking to dinner, and struck in a cross-walk by an inattentive person driving their brand new BMW 750 carrying the minimum insurance required by law, and you sustain serious life threatening injuries such as spinal cord, brain or auto accidents Is the $15K going to adequately compensate you for the months of physical therapy you will have to undergo to rehabilitate from that injury? What if you have to take of months of work? You would be seeking your loss of earnings from that same $15,000 policy.

One of the more frustrating (and sometimes heartbreaking) things that I often come across representing catastrophically injured parties is either the total lack of uninsured motorist (UM) coverage or totally inadequate limits, such as a $15,000/$30,000 UM policy. I think back to a recent wrongful death case where the plaintiff's decedent was struck by an underinsured SUV that ran a stoplight, and the family had only a $15,000.00 insurance policy to chase. They ended up losing their home because there simply was not a viable defendant to pursue for that loss.

What is even more frustrating to me is that consumers are unaware of the relatively low cost to "up your coverage." Oftentimes, for less than another$60- $100/year in premiums, you can purchase 100K/100K UM coverage or even higher. I actually recommend carrying at least 500/500 UM coverage if you drive in California. There are many uninsured drivers out there. Remember, it is your responsibility to protect yourself in advance. Think about what kind of money you would need to tide your life over while you recover from a major injury if the person who injures you is uninsured/underinsured.

We Can Help You Receive The Monetary Compensation You Deserve For Your Catastrophic and Serious Personal Injuries Says Personal Injury Lawyer Steven Peck

Fri, 18 Nov 2011 07:55:00 -0800

A catastrophic injury can necessitate a lifetime of medical care, or repeated reconstructive surgeries. A severely burned child may require repeated surgeries to accommodate growth, in addition to various cosmetic surgeries. A child with a bone fracture that affects a growth plate may face difficult bone-stretching procedures, and may never have normal use of an affected limb.

When a person suffers a spinal cord injury, the person may face a life of disability and dependency. An active person can suddenly become an invalid, with injuries that cannot be treated by even the most advanced medical treatments. While there is always hope of a future medical advance which will ameliorate or even cure spinal cord injuries, at present medical science is limited. A parent whose child suffers a brain or spinal cord injury may suddenly find that the child requires full-time care. A brain injury may cause a personality change, causing a spouse, parent or child to suddenly seem like a different person.

Spinal Cord Injuries Are Irreversible indicates Personal Injury Lawyer Steven Peck

Thu, 17 Nov 2011 07:15:00 -0800

Unfortunately, there's no way to reverse damage to the spinal cord. But, researchers are continually working on new treatments, including prostheses and medications that may promote nerve cell regeneration or improve the function of the nerves that remain after a spinal cord injury.

In the meantime, spinal cord injury treatment focuses on preventing further injury and empowering people with a spinal cord injury to return to an active and productive life.

Emergency actionsUrgent medical attention is critical to minimize the effects of any head or neck trauma. So treatment for a spinal cord injury often begins at the scene of the accident.

Emergency personnel typically immobilize the spine as gently and quickly as possible using a rigid neck collar and a rigid carrying board, which they'll use to transport you to the hospital.

Early (acute) stages of treatment
In the emergency room, doctors focus on:

Maintaining your ability to breathe
Preventing shock
Immobilizing your neck to prevent further spinal cord damage
Avoiding possible complications, such as stool or urine retention, respiratory or cardiovascular difficulty, and formation of deep vein blood clots in the extremities
You may be sedated so that you don't move and sustain more damage while undergoing diagnostic tests for spinal cord injury.

If you do have a spinal cord injury, you'll usually be admitted to the intensive care unit for treatment. You may even be transferred to a regional spine injury center that has a team of neurosurgeons, orthopedic surgeons, spinal cord medicine specialists, psychologists, nurses, therapists and social workers with expertise in spinal cord injury.

Medications. Methylprednisolone (Medrol) is a treatment option for an acute spinal cord injury. If methylprednisolone is given within eight hours of injury, some people experience mild improvement. It appears to work by reducing damage to nerve cells and decreasing inflammation near the site of injury. However, it's not a cure for a spinal cord injury.Immobilization. You may need traction to stabilize your spine, to bring the spine into proper alignment or both. Sometimes, traction is accomplished by securing metal braces, attached to weights or a body harness, to your skull to keep your head from moving. In some cases, a rigid neck collar may work. A special bed also may help immobilize your body.Surgery. Often, surgery is necessary to remove fragments of bones, foreign objects, herniated disks or fractured vertebrae that appear to be compressing the spine. Surgery may also be needed to stabilize the spine to prevent future pain or deformity.Experimental treatments. Scientists are trying to figure out ways to stop cell death, control inflammation and promote nerve regeneration. Ask your doctor about the availability of such treatments.Ongoing care
After the initial injury or disease stabilizes, doctors turn their attention to preventing secondary problems that may arise, such as deconditioning, muscle contractures, pressure ulcers, bowel and bladder issues, respiratory infections, and blood clots.

The length of your hospitalization depends on your condition and the medical issues you're facing. Once you're well enough to participate in therapies and treatment, you may transfer to a rehabilitation facility.

Rehabilitation. Rehabilitation team members will begin to work with you while you're in the early stages of recovery. Your team may include a physical therapist, occupational therapist, rehabilitation nurse, rehabilitation psychologist, social worker, dietitian, recreation therapist and a doctor who specializes in physical medicine (physiatrist) or spinal cord injuries.

During the initial stages of rehabilitation, therapists usually emphasize maintenance and strengthening of existing muscle function, redeveloping fine motor skills and learning adaptive techniques to accomplish day-to-day tasks. You'll be educated on the effects of a spinal cord injury and how to prevent complications, and you'll be given advice on rebuilding your life and increasing your quality of life. You'll be taught many new skills. and you'll use equipment and technology that can help you live on your own as much as possible. You'll be encouraged to resume your favorite hobbies, participate in social and fitness activities, and return to school or the workplace.

Medications. Medications may be used to manage some of the effects of spinal cord injury. These include medications to control pain and muscle spasticity, as well as medications that can improve bladder control, bowel control and sexual functioning.

Personal Injury Auto Accident Causes Fatalities in Upstate New York

Wed, 16 Nov 2011 07:10:00 -0800

Authorities say two exchange students from Asia and two local teenagers have been killed in a fiery auto accident on a northern New York road.

State police say Wednesday that two teens were in a car that hit the students as they walked along a rural road around 5 p.m. Tuesday in the town of Peru, just south of Plattsburgh. Troopers say the car then crashed into an embankment and burst into flames.

State police have identified the teens in the car as Brandon Rennert of Peru and Samantha Donah of Plattsburgh, both 17. Troopers believe Rennert was driving.

The other victims are 17-year-old Dat Ong of Vietnam and 18-year-old Chu Xiong (choo zhanhg) of China. Both young men were exchange students at Seton Catholic School in Plattsburgh, a city about 30 miles from the Canadian border.

Car crashes and catastrophic injury are unfortunately common occurrences in life, and can cause serious injury or death. Wrecks can occur for many reasons, and several people can share liability for a single accident. Because of their potential to cause serious property damage, injury or death, automobile accidents and trucking accidents often result in legal action. The Peck Law Group is the premier online source of up-to-the-minute news about personal injury. We have detailed information about the law that applies to personal injury matters and tips for what to do if you have been injured.

The Decedent's Heirs or Beneficiaries May File A Wrongful Death Actions Against Those That Are Responsible Indicates Personal Injury Lawyer Steven Peck

Tue, 15 Nov 2011 07:15:00 -0800

If a person is killed because of the wrongful conduct of a person or persons, the decedent's heirs and other beneficiaries may file a wrongful death action against those responsible for the decedent's death. This area of Tort Law is governed by statute. Wrongful death statutes vary from state to state, but in general they define who may sue for wrongful death and what, if any, limits may be applied to an award of damages.

An action for wrongful death may be brought for either an intentional or unintentional act that causes an injury that results in death. A blow to the head during an altercation that later results in death is an injury that is intentionally caused. The driver of an automobile who unintentionally causes the death of another in an accident may be held liable for Negligence. An individual who, in violation of local law, neglects to enclose a swimming pool in his yard can be held liable for the omission or failure to act if a child is attracted to the pool and subsequently drowns.

Wrongful death statutes do not apply to an unborn fetus, as an individual does not have a distinct legal status until he is born alive. If an infant is born alive and later dies as a result of an injury that occurred prior to birth, an action may be brought for wrongful death.

Who May Sue:
The individuals entitled to sue for wrongful death are enumerated in each state statute. Many statutes provide for recovery by a surviving spouse, next of kin, or children. Some states permit a surviving spouse to bring an action even in the event of a separation, but not if the surviving spouse was guilty of desertion or failure to provide support.

Ordinarily, children may bring suit for the wrongful death of their parents, and parents may sue for the wrongful death of their children. In some states, only minor children are allowed to sue for the death of a parent. Similarly, some state statutes preclude a parent from recovery for the death of an adult child who is financially independent or married.

Sleep Apnea May Be A Distinct Cause of Serious and Catastrophic Trucking Accidents

Mon, 14 Nov 2011 07:55:00 -0800

Accidents involving big trucking rigs can often be the most serious and catastrophic injury says California Personal Injury Lawyer Steven Peck.

Many truck drivers suffer from sleep apnea, and it's a serious problem.

Sleep apnea is a condition that causes a person's throat to close up during sleep, interrupting their breathing. People who suffer from it get less sleep as a result, even if they don't realize it, and this can cause severe fatigue. Clearly, that's a problem for a trucker.

According to one report, research indicates that as many as one in four truckers suffers from sleep apnea. Not all of those are diagnosed, and some of them might be diagnosed but untreated.

Personal Injury Refers To Numerous Different Kinds of Catastrophic Occurrences

Sat, 12 Nov 2011 14:50:00 -0800

A personal injury can refer to numerous injuries that can occur to you. A back injury, broken/fractured bones, head injury, neck injury, whiplash, injuries to you feet, arms, foot, hand even repetitive strain injury can all be classed as personal injury if you have gained these injuries due to an accident that wasn't your fault says Peck Law Group personal injury lawyer Steven Peck.

Personal injury doesn't stop at physical injury; personal injury can also refer to psychological strains as well. Personal injury in the psychological sense can refer to such injury as post traumatic stress due to witnessing a serious event with devastating consequences or due to being involved in a horrific car accident/road traffic accident. Psychological personal injury can also refer to depression caused by your job and work status and some people suffer from work related stress due to factors in their job such as harassment, bullying and too much of a work load, etc.

Becoming the victim of a personal injury can seriously disrupt your personal and working life. A personal injury is the result of an accident that wasn't your fault. If you have had an accident in the last three years that wasn't your fault then you could be entitled to compensation.

Accidents that arise through no fault of your own can happen in most aspects of your daily life. Walking down the street you could trip over uneven paving or become a pedestrian victim of a road traffic accident. Whilst at work you could trip, slip or fall over packaging that was left out or obstructions that have been left on the floor. In an office environment you could have a personal injury that affects your wrist, back or leg.

The most common employment industry in which personal injury arises from accidents is the construction industry. Personal injury is sadly common in construction trades that don't follow safety orders. This personal injury could be loss of limbs, head injury, spine injury or even fatality.

One of the most common causes of personal injury however remains within road traffic accidents. A road traffic accident can refer to accidents involving cars, motorcycles, Lorries, vans or public transport. The severity of the personal injury sustained from a road traffic accident depends on how bad the road traffic accident is. If you are involved in a personal injury accident, whether it be a road traffic accident, work accident, accident in public or a slip, trip or fall whilst walking down the road you could be entitled to compensation.

Personal injury compensation exists to help you after an accident that wasn't your fault. If you are left out of work due to a personal injury then you will be left with mounting debts and unpaid bills. By claiming for personal injury compensation your money worries will disappear as personal injury compensation will cover all of your living expenses, any medical costs you encounter and any extra help that you may need whilst you are recovering.

A personal injury that was caused due to an accident that wasn't your fault is something that no one wants to have to face. If you do find yourself facing a personal injury there is help available. You should seek medical help so that there is a record of any treatment you have received via to your personal injury and then enlist the help of a trained professional to get your claim underway

Wrongful Death Lawsuit Damages Are Recoverable By the Survivors says Personal Injury Lawyer Steven Peck

Fri, 11 Nov 2011 08:25:00 -0800

The types of damages that may be available to you in a wrongful death lawsuit include the following:

•Medical and funeral expenses connected to the death;
•Loss of the victim's expected earnings between the time of the death and the expected retirement or death;
•Loss of benefits like pension plans, medical coverage, and so on;
•Loss of inheritance;
•Damages for mental anguish or pain and suffering of the survivors;
•Loss of care, protection, nurturing, and companionship of the survivors;

In deciding on the amount of damages, the judge or jury will consider many things about the person who died, such as his earning history, his health, and his character. The last may include considerations of how he handled money, such as if he saved, if he gambled, or if he squandered money. The damage recovery may be less for a family whose provider gambled away half his income than for a family whose provider used all his income for family support.

Professional Negligence Against Health Care Providers May Be Limited by the Natural Course of Disease or Condition says Personal Injury Lawyer Steven Peck

Wed, 09 Nov 2011 07:20:00 -0800

No health care provider shall be liable for professional negligence or malpractice for any occurrence or result solely on the basis that the occurrence or result was caused by the
natural course of a disease or condition, or was the natural or expected result of reasonable treatment rendered for the disease or condition. This section shall not be construed so as to limit liability for the failure to inform of the risks of treatment or failure to accept treatment, or for negligent diagnosis or treatment or the negligent failure to diagnose or treat.

This is a very common defense used by the defense bar attemting to place the "blame" for the plaintiff's personal injury claims and wrongful death on the individual, especially if the individual is an elder or dependant adult.

Traumatic Brain Injuries Can Cause Serious Personal Injury

Tue, 08 Nov 2011 07:35:00 -0800

What is Traumatic Brain Injury?
Traumatic brain injury (TBI), a form of acquired brain injury, occurs when a sudden trauma causes damage to the brain says California Personal Injury Lawyer Steven Peck. TBI can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue. Symptoms of a TBI can be mild, moderate, or severe, depending on the extent of the damage to the brain. A person with a mild TBI may remain conscious or may experience a loss of consciousness for a few seconds or minutes. Other symptoms of mild TBI include headache, confusion, lightheadedness, dizziness, blurred vision or tired eyes, ringing in the ears, bad taste in the mouth, fatigue or lethargy, a change in sleep patterns, behavioral or mood changes, and trouble with memory, concentration, attention, or thinking.

A person with a moderate or severe TBI may show these same symptoms, but may also have a headache that gets worse or does not go away, repeated vomiting or nausea, convulsions or seizures, an inability to awaken from sleep, dilation of one or both pupils of the eyes, slurred speech, weakness or numbness in the extremities, loss of coordination, and increased confusion, restlessness, or agitation.

Is there any treatment?
Anyone with signs of moderate or severe TBI should receive medical attention as soon as possible. Because little can be done to reverse the initial brain damage caused by trauma, medical personnel try to stabilize an individual with TBI and focus on preventing further injury. Primary concerns include insuring proper oxygen supply to the brain and the rest of the body, maintaining adequate blood flow, and controlling blood pressure. Imaging tests help in determining the diagnosis and prognosis of a TBI patient. Patients with mild to moderate injuries may receive skull and neck X-rays to check for bone fractures or spinal instability. For moderate to severe cases, the imaging test is a computed tomography (CT) scan. Moderately to severely injured patients receive rehabilitation that involves individually tailored treatment programs in the areas of physical therapy, occupational therapy, speech/language therapy, physiatry (physical medicine), psychology/psychiatry, and social support.