PERSONAL INJURY BLOG

What To Do When A Dog Bites

Tuesday, October 03, 2017

 


Being bitten by a dog in California is no joke. In The Golden State alone 1,934 dog bite claims were filed in 2016, more than any other state in the U.S.! Dog bites are scary and can range anywhere from minor nips to full-on attacks. 

So what do you do if you, your child or another loved one is bitten by a dog?

First, address the bite immediately.

  • Use a clean towel or cloth to cover the injury and stop the bleeding. If the bite is profuse or won't stop bleeding seek emergency medical attention right away, especially if it's a child.
  • Clean the area thoroughly with mild soap and water and try to keep the injured area elevated.
  • Put an antibiotic ointment on the bite to prevent infection and cover it with a bandage.

Next, document the event.

  • Call your local authorities immediately, especially if the dog was a stray or otherwise unknown, and report the bite. They'll likely need to get animal control involved to find the dog before it hurts someone else.
  • If you know the dog and/or the owner, which happens more often than not, it might be a sticky situation but don't be afraid to stand up for yourself and your family. Dog bites, even minor ones, can lead to infections or serious medical conditions and the burden shouldn't fall on the victim. You'll still want to report the bite to authorities.
  • Take pictures of the wound. If you can document the area where it happened that's also recommended.
  • Keep a record of any and all medical visits or costs sustained from the injury.

Then, seek legal advice.

  • You may not know all your rights when it comes to dog bites or how to seek fair settlement for the injury. At Lederer & Nojima we can help! We're very experienced with dog bite injury litigation and we'll make sure you get the fair compensation you deserve, including the medical attention required to treat the injury.

Finally, if you haven't already take a trip to the doctor.

  • Even if the bite wasn't serious you'll still want to plan a visit with your regular physician. Your doctor will deep clean the wound and check to make sure there's no infections or disease present. He'll probably ask questions regarding the attack so be prepared to explain what happened.

We know how upsetting a dog bite is and we don't want you to face it alone. Dealing with insurance and the owner is a headache, especially while you're recovering from the injury. Contact us for a free consultation to discuss your case and options.

Slip and Fall? Do You Have a Premises Liability Case?

Tuesday, October 03, 2017

Did you slip and fall while on somebody else's property? Did you get hurt while staying in a hotel?

You may have a case to sue the owner of the property to get compensation, whether the owner is a company or the government (Government cases are different and their liability is often limited).

Whether you have a case depends on whether the property owner can be considered negligent. Premises liability laws vary from state to state, so you need a lawyer who is familiar with the rules for your state. In California, you may be entitled to compensation if you are injured because of negligent management - which is defined by various standards. There are four elements - duty, breach of duty, injury, and causation. All of this is highly dependent on the specific circumstances. The standards are different for homeowners casually inviting guests compared to store owners or amusement parks. As the law is so complex, you should contact an attorney quickly. You can potentially get awards to cover medical expenses, loss of earnings, emotional distress, etc.

In basic terms, though, property owners are expected to maintain their property in a safe condition, find unsafe conditions quickly and repair or warn said conditions. As a common example, if a property owner is cleaning the floor and it becomes wet, then they should put out a sign warning that the floor is wet. Broken lights should be repaired or replaced as quickly as possible. If you or somebody you know is injured, then make note of the circumstances. A good personal injury lawyer will tell you if you have a case right away, and reputable lawyers do not charge for initial consultation and analysis. Reputable lawyers will also be honest - they will not try to get money out of you by taking on a case they cannot win.

If you or a loved one has been injured in a preventable accident on somebody else's property, then contact Lederer & Nojima to schedule a free case analysis and start the process of getting the compensation you deserve.

Who is at Fault for Cycling Accidents at Intersections?

Tuesday, September 05, 2017
woman cycling to work in the city approaching at an intersection
As the world is still learning to share the road with cyclists, riding your bike to work or for fun, especially on busy city streets, can be a dangerous experience, more so than getting in a car to drive each day. However, one of the most common areas for cycling accidents is at intersections. Cars aren’t sure how to treat cyclists, cyclists are unsure how cars are going to react, and as everyone tries to figure out who has the right of way, accidents happen. However, discovering who is at fault is all about knowing who had the right of way.

The key to figuring out who has the right of way at an intersection is to assess the environment. When there are no traffic lights at an intersection and you are merely dealing with stops signs, the vehicle that arrives first will always have the right of way, and yes, this includes bicycles. Unfortunately, it can be a huge contributing factor for accidents since cars don’t see bicycles as vehicles of equal measure on the road.

Unfortunately, crossing an intersection on a bicycle can be even trickier at an intersection with traffic lights. Occasionally, bicycles are not heavy enough to trigger sensor-controlled lights. This can leave them waiting for quite a long time until a car comes up behind them. In these cases, some states are passing laws that state a bicycle can cross on red if it is safe, but in California, it will still be the cyclist’s fault if they cross on red and are hit.

If you have been in a bicycle accident, then it is more likely that you weren’t able to limp away without damage to either your person or your bicycle. However, if you had the right of way at an intersection and the car is at fault for your accident, then you have the right to compensation. If you have been in a bicycle accident and need representation, contact us today.

Car Accident--What to do and Who to Call

Tuesday, September 05, 2017

scene of a car accident two people on their phones calling for help

Whether you have been seriously hurt in a car accident personally or a loved one has had this misfortune, please do not hesitate to seek care and help immediately.

There are some steps that the DMV has posted that one should take after getting into a wreck:

1.Make sure you are safe and return to an area that does not put you or someone else into danger

2.Call for help--911 for police and other rescue 

3. Call your insurance company after help has arrived 

4. Exchange information at the scene with the other driver--get insurance information and their accounts of the event and be courteous, however, remember DO NOT ASSUME FAULT

5. Take photos of the scene, the cars, and any other evidence that might be of any help to the police or attorneys--don't forget to take photos of any street signs or other objects of this natureUnfortunately, only seeking medical care after getting injured in a car accident doesn't give you the full protection that you might assume. It is important to get in contact with a trusted law firm, and 

Lederer & Nojima LLP is just that. Getting into a car accident can leave you confused, scared, and concerned. However, the attorneys at Lederer & Nojima have years of experience with personal injury cases. You can rest easy knowing that your case is not only in experienced hands, but it's also in honest hands. At Lederer & Nojima, if your case does not win, the attorneys do not collect any fees--this policy ensures that you and your family are valued as a client and as a victim of a horrific accident. The track record for Lederer & Nojima speaks for itself, after recovering millions of dollars for personal injury clients, this law firm is truly specialized in bringing justice and security to a dreadful event. 
Please, do not hesitate to contact us if you or someone you love has been seriously injured in a car accident. Our offices are open to the surrounding Los Angeles area and we would be delighted to assist you throughout this troubling time. We offer an initial and free case evaluation so that you leave our offices with answers.

Can a Passenger Sue Uber for an Rideshare Auto Accident?

Tuesday, August 29, 2017

rideshare companies Uber and taxis

Ridesharing is an increasingly popular way to get around due to its affordability and ease of use. Even in cities without a large cab culture, there are always a few rideshare drivers there to help people get around. The king of these rideshare companies is Uber with other companies like Lyft close behind.However, as great as these companies are, you are still getting into a car with a stranger, and you never know what is going to happen. If you get into an accident, can your sue Uber for the auto accident

As a passenger, you have a certain expectation of safety. This means that if you are in an accident, you are entitled to seek coverage for any injuries sustained in said accident. All passengers in an Uber car are covered by their liability coverage, but your injuries may also be covered by the driver’s insurance as well. However, because two different insurance companies can be involved, the process can get complicated very quickly. This is typically where having a knowledgeable lawyer to represent your interests comes in handy.

If you have been in an Uber accident, depending on the severity of the accident, you shouldn’t be afraid to seek compensation for:
  • Medical expenses

  • Property damage

  • Lost wages from the injury impeding your ability to work

  • Loss of future earning capacity in case of disability

  • Pain and suffering

After the accident, once you have sought medical attention, don’t wait to start building your case. Insurance companies never want to just pay you. In order to get the compensation you deserve, not only should you have a police report of the accident, photos of injuries and damages, and preferably witnesses to what happened. Furthermore, you will want to find a talented lawyer to represent your interests as soon as possible. Not only will they show that you are serious about your case, but they will be able to stop you from making small, but serious mistakes that could affect the amount you receive. If you have been hurt in a rideshare accident and need representation, contact us today.

Personal Injury Law: Bounce house Injuries

Monday, July 17, 2017

Despite the numerous videos portraying inflatable bounce houses being lifted and rolled along the ground or, worse yet, being raised high in the sky with small children inside, their popularity continues to rise.

Bounce House Injuries

Inflatable bounce house injuries have led to hundreds of personal injury law claims being filed in the U.S.: The injuries sustained range from broken arms to neck injuries and, in the most severe cases, death. If you and/or your child sustained injuries in this type of incident, you need to hire an experienced personal injury attorney to help determine if negligence led to the injuries.

How to Establish Liability

To establish liability, we need to answer several questions, including:

  1. How did you and/or your child become injured?

  2. Who was taking care of the children at the time of the incident?

  3. Was the inflatable house rented from a company or owned by an individual?

  4. Were hazardous weather conditions likely?

  5. If rented, was there a contract between the individual who rented the bounce house and the business from which it was rented?

  6. Were there safety guidelines? If so, were they followed?

After establishing liability, we must prove negligence.

Proving Negligence

To succeed in a personal injury claim, you must prove some kind of negligence on the part of the party (or parties) responsible for the bounce house. In other words, you must prove that those responsible for the inflatable bounce house did not act with reasonable care, which led to the injury. For example, just like a tent, securing a bounce house requires the use of stakes: If some of the stakes were missing on the day that you and/or your child sustained injuries, this may be considered a form of negligence.

Gathering the information necessary to prove negligence may require an investigation. The attorneys at Lederer & Nojima, have the skill, dedication, and experience necessary to move through this complicated process: Once we collect the evidence and review it, we can determine if negligence exists. If it does, we will help you attain monetary compensation for the injuries that you and/or your child sustained.

If you are looking for an honest, experienced and caring group of attorneys, let Lederer & Nojima handle your personal injury claim. The time you have to file a claim following an injury is limited. Therefore, if you, or someone you love, sustained injuries due to the negligence of another, please contact us to schedule your free initial consultation.


Who is at Fault When Cargo Bed Rides Turn into Fatal Truck Accidents?

Tuesday, June 13, 2017

Warm weather often prompts people to climb into the open cargo areas of pickup trucks and go for a ride. Unfortunately, such moments of seasonal indiscretion often end with fatal truck accidents. Why? Cargo areas are specifically designed to carry goods, not pets or people. Consequently, they do not feature air bags, restraints, covers or seating adequate enough to protect living, breathing passengers from harm. As a result, any number of common situations could instantly turn fatal. The list of situations includes, but isn’t confined to quick stops, rapid acceleration, powerful wind shear, rollovers and fender benders.

Despite those risks, there are many state government bodies that choose not to impose pickup truck use restrictions on their citizenry. So although it is certainly life-threatening and foolish, allowing people to ride in open cargo areas is not always illegal

California Law Expressly Forbids Passengers in Cargo Beds

California Law, however, expresses states that: "A vehicle operator shall not allow a person to ride upon any part of a vehicle that is not designed or intended for passenger use. (Veh. Code §21712(a)) No person shall ride on vehicle or upon any part of a vehicle that is not designed or intended for passenger use. (Veh. Code §21712(b)) No person driving a pickup truck or flatbed motor truck shall transport a person in or on the back thereof unless the passenger is restrained by a Federally approved restraint system. (Veh. Code §23116(a) and (c)) No person shall ride in or on the back of a pickup truck or flatbed motortruck unless they are restrained by a Federally approved restraint system. (Veh. Code §23116(b) and (c)).

Who is at fault if a cargo bed passenger is injured

This brings us to an interesting gray area of truck accident law. For example, let’s say that someone jumps into the bed of a pickup truck and during a sudden stop falls out onto the roadway into the path oncoming traffic. After the fall, the person is then run over by another vehicle and dies. Who is responsible for the fatality?

Is it the truck driver, the injured or deceased passenger, or one of the other motor vehicle operators that is to blame? How the court sees the fatal truck accident will be partially influenced by the state’s publicized riding restrictions and the victim’s age. Some states have restrictions that are very clear regarding who is liable in the event of truck accidents. Other riding restrictions are open to interpretation. Therefore, motor vehicle operators who cause fatal truck accidents are sometimes able to avoid civil or criminal prosecution. 

To find out more about how blame is assigned in these types of truck accidents, please contact us today.

Scooter and Moped Accident Stats

Tuesday, May 23, 2017
It is no secret that Americans adore having a number of transportation options at their disposal. Since the days of the horse, we’ve loved having the wind in our hair and the promise of adventure up ahead. Unfortunately, some of our preferred modes of travel haven’t always loved us back. Such is the case with scooters and mopeds.

The exact number of scooter and moped accidents that occur each year is hard to assess for one simple reason. They’re often merged with statistics covering other, two-wheeled modes of travel (e.g. motorcycles and motorized bicycles). But what statistical analysts know is this: scooters and mopeds have the potential to cause personal injury to others.

And yes, there have been a few mode specific studies completed over the years that back up their assertions. There are two that come to mind. One was published in the July 2011 edition of the Journal of Trauma and the other appeared in the Accident Analysis & Prevention some years later (August 2013). Both show that the two vehicles have a history of causing personal injuries, especially when speed and natural illumination are a factor.

The personal injuries that have a tendency to occur during scooter and moped accidents are remarkably similar to those typically equated with motorcycle collisions. With that said, the most worrisome are:

  • Head and Leg Injuries
  • Nerve Damage and Soft Tissue Lacerations
  • Broken Bones and Severed Muscles
  • Injured ligaments
  • Paralysis and Bruising to the Spinal Column
They have the potential to be catastrophic. As such, families of scooter and moped accident victims should never be without sound counsel. It may be possible for victims of scooter and moped accidents to receive reimbursement for related expenses and more. To find out what scooter and moped accident victims should do right away to ensure they’re not alone, please contact us.

Motorcycle Accidents:Does Wearing a Helmet Impact your Personal Injury Case?

Tuesday, May 09, 2017

If you've been inured in a motorcycle accident, your personal injury case could be affected by your use of a helmet. How much a helmet matters depends on where you live, the injuries you've sustained and the circumstances of your collision. 

How will helmet use impact your case? 

Wearing a helmet: If you were wearing a helmet but still sustained some kind of head injury, your use of the proper safety care is an essential part of your case. Using a helmet shows that you took all proper precautions to preserve your health and that your injuries would have been much worse without the protection. If another driver was at fault, helmet damage can show just how fast and how poorly they were operating a vehicle, since helmets are designed to withstand significant impact. 

If you were wearing a helmet but did not sustain a head injury, the helmet still shows that you followed the law if applicable and that you were a cautious and safe operator. 

Not wearing a helmet: If you chose not to wear a helmet and had injuries to your head, it may make your case more difficult. Even if your state has no helmet law or very lax helmet rules, not wearing a helmet can still damage your case. For states with helmet laws, lack of a helmet can be catastrophic for your case, even if you didn't have any head injuries, because you were breaking the law by going helmet free. 

All but three states have some form of helmet law, so it is important to follow all the rules of the road before climbing aboard a motorcycle. If you have been injured in a motorcycle accident, whether you were wearing a helmet or not, the best thing you can do is seek out professional legal advice from a motorcycle injury attorney. Your injury lawyer can help you get the award you deserve for your injuries and make sure you are fully compensated after your accident.


Undergoing an Independent Medical Exam after a Personal Injury

Tuesday, April 11, 2017

Each personal injury case is unique and complicated. Few people know exactly what to expect when they file a lawsuit, but there are certainly a few facets unique to personal injury cases that you should know before getting to court. An independent medical examination could be one of those extra steps you need to endure in order to reach a favorable outcome in your case.

The Purpose of an Independent Medical Exam

The medical examination is typically performed in order to determine how much you have suffered from the injuries. You must show that court the extent of your injuries. Unfortunately, the defense will also request that you undergo a separate exam to ensure that the information is not biased on your behalf.

The independent medical exam ultimately fulfills your legal obligation, which is to demonstrate that you have been injured and that the party you are suing is responsible for said injuries.

The Examination Process

The type of exam the plaintiff asks you to submit to will relate to the compensation you request. If you are claiming physical injuries, the examination will focus on these. If you also have psychological injuries, you may be asked to submit to a psychological evaluation.

The business or individual you are suing has the opportunity to select a doctor. The fees for this appointment are paid by the defendant’s insurance company. You may even have your time compensated.

Once you arrive at the examination, there is little to fear. The exam is much like any other general physical, except that the doctor will focus on the injuries you are claiming in the lawsuit.

Always talk to your lawyer before going in for your independent medical examination. Your lawyer will offer important advice as to what you should say and what you should avoid saying to the doctor.



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