PERSONAL INJURY BLOG

Common Causes of Personal Injury to the Back

Wednesday, April 13, 2016

Among the most common types of personal injury that people sustain is an injury to their back. The reason that it’s so common is that there are so many ways that the back can be injured. Below are the ways that many people sustain an injury to their back.

Car accident


A lot of people sustain back injuries when they have been in a car accident, especially when they have whiplash. But sometimes the accident can cause an injury that is even more serious, especially when the car has been broadsided or when there has been a rollover. When someone is involved in an automobile accident on a motorcycle, these injuries can be even worse, including partial or complete paralysis.

Work Accident

Lifting heavy items at work can really cause back injuries that are serious. There are laws that can protect you when you have been injured while you are work so that you are able to claim some compensation from the person that if you are injured at work.

Medical negligence

Unfortunately these kinds of cases are more common than you might think. Surgeries on a person’s spine are often really complicated and when the surgery’s not done right the person might be able to claim some kind of compensation for the actions of the physicians, nurses, and any other staff that were employed by them in the medical field.

Other Causes of Back Injuries

Other kinds of injury claims that could involve a person injuring their back include things like slipping and tripping, sporting event accidents, industrial disease, animal accidents, accidents abroad, and criminal injury claims.

One thing to remember about back injury compensation amounts is that they are rarely the same, even with the same kind of injury. This is because the people who are injured all have different considerations and each of the cases is going to be examined and dealt with differently. There is no set of rules that says that the person is going to get a certain amount of money.

If you have a back injury because of someone else’s negligence, it’s a good idea to hire an attorney to help you with your case. They will be able to give you advice and gather the evidence that will make your case solid. They will think of things that you may not consider, and they will look for costs that may not even cross your mind.

David Lederer & John Nojima Named "Super Lawyers" for 2016

Monday, February 01, 2016
Super Lawyers 2016

Lederer & Noima, LLP is proud to announce that David Lederer and John Nojima have both been named “Super Lawyers” for 2016 and have both been awarded the designation “Top Rated Personal Injury Attorneys” by the attorney ranking organization, Super Lawyers.

Lederer & Nojima represent Plaintiffs throughout Southern California from their office in Los Angeles and have both been practicing law for over two decades. The recent award from Super Lawyers is one accolade among many that the two personal injury attorneys have received over the course of their careers. For more information about David Lederer and John Nojima, visit the firm's website.

Motorcycle Accidents and Fatality Statistics Expected to Rise

Thursday, November 26, 2015

According to a National Highway Traffic Safety Administration report, more than 4,600 motorcycle fatalities occurred in 2011. There were also more than 80,000 injuries. The final figures for 2012 have yet to be officially published. However, based on the preliminary data, the final results are apt to be just as depressing. To date, it appears that the year ended with a marked increase in traffic related fatalities and a decrease in motorcycle helmet use.

The reasons for the motorcycle accidents were understandably varied. Although statistics indicate that one of the most common was driving while under the influence. Those types of motorcycle accidents frequently occurred more often in low light and involved other vehicles. Additional reasons associated with motorcycle accidents include speeding, poor visibility, equipment failure, unfavorable road conditions and driver error.

Head injuries were one of the most common injuries among motorcycle drivers. They tend to cost the victim millions in direct and indirect healthcare costs. Of course that isn’t even taking into consideration the injury’s financial and emotional impact on others (i.e. additional drivers, family members, caregivers and property owners). There are also quality of life issues to think about. Additional injuries typically associated with motorcycle accidents include broken bones, limb loss, soft tissue damage, nerve damage and decapitation.

With that said, there are several precautions that motorcycle riders can take to reduce their risk of injury. For instance, it is an excellent idea to wear protective clothing and a helmet. Doing so may minimize the severity of soft tissue damage and brain injuries. It is also imperative to properly maintain one’s motorcycle and follow best riding practices.

Understandably, motorcycle accidents may still occur despite one’s best efforts. In such instances, it is often best to seek the sound advice of an experienced motorcycle accident attorney.

A wrongful death lawsuit generally occurs because of negligence, or intentional actions

Wednesday, November 18, 2015

A wrongful death lawsuit against someone, or a separate entity like a car company, is usually filed by survivors on behalf of the victim or his estate.

But who can sue, and what are the damages that can make up a wrongful death suit?

According to the Nolo.com website, the lawsuit may come about due to a number of circumstances that caused the death, from medical malpractice, car accidents and even instances of product liability.

At its core, such lawsuits can be brought against individuals, a company---or even a government agency---if the death was caused 1) intentionally or 2) by negligence, or when “failing to act as a reasonable person would have acted.”

Who may sue? Breaking it down...

Those filing the wrongful death suit are referred to as the “real parties in interest,” and may include, but not be limited to, the following parties: Immediate family, life partners and financial dependents; distant family members; all who’ve “suffered financially.”

Who may be sued?

The defendants in such cases might be more than an individual deemed at fault. For example, in a car accident that caused a death, defendants can run the gamut, from the driver, or employer, who’s considered at fault; the builder of a “faulty roadway;” people who served, sold or gave alcohol to an “impaired driver, or the owner of the establishment who served the alcohol.

Immunity does exist...

In some instances, employees of government agencies are immune from a wrongful death suit: It varies from state-to-state. As an example, recent federal law provides immunity to defendants in railroad collisions as well as some product liability cases when certain medical devices are in question.

Motor Vehicle Fuel Leaks Could Result in Serious Personal Injury

Friday, November 13, 2015

According to National Institute of Standards and Technology’s reports, the number of automobile fires each year remains high (estimated 300,000). Many of those motor vehicle fires are attributed to the use of substandard auto parts and flawed designs. They also have the potential to cause disfigurement, excruciatingly painful injuries and death. Perhaps that’s part of the reason why the recent fuel system inspired motor vehicle recalls garnered so much attention.

The latest round of fuel system recalls took place in early June 2013. They involved several new vehicles manufactured by Ford. The company blamed the recalls on substandard fuel lines. It wasn’t the first occasion where Ford had to deal with defective fuel lines either. A similar occurrence took place last summer. The list of motor vehicles said to be outfitted with the most recent substandard fuel lines includes the popular Taurus, Fusion and Lincoln MKZ.

Ford wasn’t the only motor vehicle manufacturer forced to deal with defective fuel systems this year either. In May 2013, General Motors issued their own fuel system related recall. It involved a defective fuel shut-off solenoid that had the potential to pose incendiary risks. Motor vehicles connected to the solenoid recalls were the Savana Cargo van and Chevy Express.

So how can consumers protect themselves against being involved in vehicle fires due to defective equipment and design? The first step is to conduct thorough research on the motor vehicle’s manufacturer. Check for fuel system related recalls going back three to five years. If the manufacturer has a history of issuing such recalls, you may want to consider shopping elsewhere. It is also a good idea to have one’s vehicle selection examined by a professional both before and after the purchase. Doing so will help to uncover problems that have yet to spur a nationwide recall.

Remember that although beneficial, taking such steps won’t guarantee that you or a loved one will never fall victim to a vehicle manufacturer’s negligence. If you do find yourself injured due to a faulty fuel system or a poor design element, contact a personal injury attorney immediately.

Learn the Most Common Causes of Truck Accidents

Wednesday, November 04, 2015

Driving on the roadways with large trucks is already intimidating enough for some drivers. Because these drivers are on the road so often, they seem to become a bit careless when it comes to their driving habits. When you learn about the common causes for truck accidents, you can increase your chances of avoiding them on the road.

Fatigue

Even though the DOT has strict guidelines for how long truck drivers can be on the road in a given time period, fatigue can still become a problem. There are many factors that play a role in how tired drivers are. Some drivers can't handle as much driving as others or a driver may be sick and wears out more quickly than he is used to. Those who drive at night are also more suscpetible to fatigue than those who drive during the day, though both are at risk depending on other factors.

Skipped Maintenance

All large trucks require regular maintenance and inspections to ensure they are suitable for operation on the roadways. However, many drivers don't pay close enough attention to their maintenance tasks, which can lead to truck accidents. Flat tires, blown tires, overheating and unsecure or shifting loads can all cause accidents out on the road. These are often some of the most dangerous accidents because there are few, if any, warning signs.

Driver Error

Many truck drivers become so comfortable on the road they forget about the rules of the road. They may change langes without signaling, follow too closely or even speed. Just like any other driver that drives in this manner, truck drivers can quickly cause accidents with this behavior. People who are driving on the road with these trucks must be vigilant to do what it takes to avoid an accident.

Even though trucking companies hire drivers who are properly trained in over-the-road driving, there are some drivers who cause accidents that are avoidable. Those who drive when they are tired, don't complete the proper maintenance and drive carelessly put everyone else on the road at risk. Now that you know why these accidents occur, you can take what steps you can to avoid these accidents.

Personal Injury Lawyers Urge Outdoor Enthusiasts to Boat Safely

Thursday, October 29, 2015

Do you plan on taking your family boating at any of the great spots located across America this summer? If so, we hope that you’ll do it safely. According to U.S. Coast Guard data, more than 4,500 accidents and 650+ fatalities occurred nationwide last year. The majority of those accidents took place during the months of June and July. With that said, here’s a closer look:

Some of the tragic boating accidents were related to personal negligence. Examples include overloading the vessel, using improper anchoring methods, speeding and steering while intoxicated or distracted. Other boating accidents were attributed to faulty machinery and equipment. Failures most often associated with boating deaths are connected to the vessel’s engine, steering, shifting, seating and auxiliary systems.

The good news is that there are ways that you may reduce your family’s risk of being involved in boating accidents. For starters, the BoatUS Foundation and many states’ Department of Natural Resources offer free online courses that some boating enthusiasts may find beneficial. The no-cost courses frequently contain information about the states’ boating rules. On top of that, many states are also home to several life jacket loaner programs. The programs are designed to provide personal floatation safety equipment to people that may not have their own gear.

People that have their own boats may also want to consider maintaining their vessels properly and being mindful of boating related recalls. Boating related recalls may be found through the U.S. Coast Guard’s Boating Safety Resource Center.

If you or a loved one end up in a boating accident despite your best efforts, contact a personal injury lawyer. A personal injury lawyer will review your boating accident case at no cost. Furthermore, you won’t have to pay personal injury lawyers anything unless they are victorious in their efforts to obtain justice for your family.

Understanding Wrongful Death Lawsuits

Wednesday, October 21, 2015

Before contacting a personal injury attorney regarding a wrongful death claim, there are certain conditions that are important to consider. Wrongful death claims do not apply in every case and may only be filed by certain people.

What is wrongful death?

Wrongful death is when a person dies as the result of the action or negligence of another party. Death occuring from medical malpractice, as the result of a gunshot or a victim of a drunk driver would all be considered wrongful death.

Who can file a wrongful death suit?

Wrongful death suits are typically filed on behalf of the estate of the decedent. The suit can generally be filed by an immediate family member including parents, spouses and children. In order to be eligible to file a wrongful death suit, the person must have standing under the law to show a loss as a result of the death.

What type of damages can be obtained?

While damages vary greatly, in many cases, wrongful death claims can be filed to recover medical expenses, funeral expenses and other direct expenses. In addition, there may be damages for loss of future income, loss of love or companionship and loss of parenting.

Additional damages

In some cases, an attorney may suggest you file a survival action. This is when a person with standing is able to file a personal injury suit on behalf of the decedent. Wrongful death survival actions will depend largely on the degree of the decedents ability to understand their medical condition prior to death, how severe their pain was and how much the decedent suffered prior to death.

When you lose a loved one, especially when the death was a result of someone's negligence or a deliberate action, you should contact a personal injury attorney. Only a well-qualified attorney can help you understand your rights under personal injury statutes.

Before You Call a Car Accident Attorney

Thursday, October 08, 2015

Car accidents are devastating. Not only are you dealing with the sudden shock of being involved in an accident, chances are you have suffered some type of injury. For many people involved in an accident for the very first time, they do not necessarily understand their rights to file a claim and receive compensation for damages to their vehicle, wages lost due to their injury and for their medical expenses. This is why it is important to call a car accident attorney but before you do, there are some things you can do first.

Take care of yourself

Immediately following an accident you should seek medical attention. Regardless of whether you think you have been injured or not, this is a smart move. Because an accident will almost always result in an increased level of adrenaline in your system, you may have injuries that are not immediately noticeable.

Contact local law enforcement

After the accident scene has been cleared and you have sought medical care, contact your local law enforcement office. Ask for the contact information for all witnesses and a copy of the accident report. This information will help determine who was at fault for the accident and the cause of the accident.

Contact insurance companies

Call your own insurance company and make sure they get a copy of the accident report. In addition, contact the insurer for the other involved parties and file a report with them. This will help start the process of recuperating your costs.

Contact an attorney

Once you have completed these steps, contact a car accident attorney. Keep in mind, insurance companies will take their time paying claims and they will also try to pay as little as possible to victims. Victims of car accidents do not need to be victimized a second time by an insurer.

Regardless of how minor your injuries are, you are entitled to compensation for injuries, damages and time you lose from work. A qualified car accident attorney can help make sure you get the compensation you deserve in spite of how little insurers are willing to pay.

A car accident attorney will help determine whats “fair and just” compensation.

Friday, October 02, 2015

In the aftermath of a traffic crash victims sort through a range of feelings, including what may lie ahead in any personal injury claim, such as who has the responsibility to pay for your medical expenses, or lost wages.

With an array of unresolved issues hanging over them, it behooves the injured party to seek an experienced car accident attorney.

At issue is a multitude of concerns touching on the mental stress affecting the claimant, as well as what is “fair and just” in the following areas, as noted on Nolo.com:

Medical treatments: Surprisingly, victims may fail to see out a few years and the need for medical treatments way beyond what they may currently be receiving.

Property Loss: The basis for determining property worth for reimbursements---including clothing---is derived from its ‘fair market’ value.

Income: A victim’s injuries may not only affect the immediate loss of wages and salary, but also influence future earnings.

The consideration takes into account any future earnings, as well as wages and salary loss in the near term.

Emotional distress: The fallout from accident injuries may impact a victim’s mental state; consequently, ‘compensatory damages’ may be appropriate if suffering is related to “fear, anxiety and the loss of sleep.”

Pain and suffering: This element can apply to injured parties who underwent “pain and serious discomfort” throughout the actual accident; too, compensation may be relevant for such conditions occurring from the “immediate aftermath.”

Commonplace, too, is compensation if pain is ongoing even after the accident.


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