He Made An Unsafe Lane Change And Struck My Car

UNSAFE LANE CHANGE COLLISION CASE ANALYSIS

FACTS OF THE CASE:

Plaintiff was driving his SUV westbound on a road in the number two lane. Defendant was driving her Saturn SUV behind Plaintiff’s vehicle and in the number three lane. Defendant was approaching another car in the number three lane when Defendant swerved into the number two lane trying to avoid the car in the number three lane. Plaintiff was unable to avoid Defendant’s vehicle and they collided. After striking Plaintiff’s vehicle Defendant lost control of her car, when she fishtailed and careened up to the curb and into a planter on the right side of the road. The Police Department concluded in his report that Defendant caused the collision by failing to safely change lanes, a violation of California Vehicle Code §21568(a).

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LIABILITY

Defendant failed to change lanes in a safe manner, causing this accident. Defendant was also mailed a citation in violation of the above mentioned Vehicle Code. Plaintiff was unable to avoid the Defendant’s vehicle when she swerved in front of him.

NATURE AND EXTENT OF DAMAGES

Plaintiff suffered trauma to his head, neck, upper-back, and shoulder blade as a result of this collision. Immediately after the collision the accident he sought treatment from the hospital emergency room. He was given Vicodin for pain management and underwent x-rays. The x-ray determined that there was a reversal of the normal lodotic curvature. The doctor who diagnosed Plaintiff with a cervical strain and was advised to follow up with his private doctor. He was given a C-Spine collar to wear at home. Plaintiff also received physical therapy. He also sought medical evaluation from another doctor since his condition was not improving.

An MRI of the shoulder was recommended and taken and which confirmed the above mentioned findings as well as confirmed thickening and intermediate signal intensity of the distal anterior fibers of the supraspinatus tendon, which represents teninopathy.

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RESIDUAL COMPLAINTS AND FUTURE MEDICAL EXPENSES

Plaintiff continues to experience pain and a limited range of motion in his right shoulder area. Additionally, Plaintiff still has weakness , numbness, and tingling of the right hand through to his fingers. Plaintiff is required to drive an hour every day to work which causes pain to the areas of injury. He is also limited on the amount of physical work he would be able to endure before his symptoms worsen.

CONCLUSION:

THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

“I Was Hit When I Was Skateboarding”

SKATE BOARDING ACCIDENT

FACTS OF THE CASE:

Plaintiff was walking his dog while skateboarding in his girlfriend’s apartment parking lot. Defendant was in his SUV vehicle along with his wife when Defendant suddenly accelerated backwards and the vehicle’s right rear corner struck Plaintiff. Plaintiff’s ankle got caught between the right rear tire and the ground. He was dragged approximately seven or eight feet backwards and then two or three feet forward until his ankle was released from the grip of the tire. The impact of the vehicle and the subsequent dragging caused injury to plaintiff’s neck, back, shoulder, knee, and ankle. Defendant also had injuries to his fingernails which were caused when he attempted to grab on to the brake light of the vehicle so he would not be entirely run over by the car’s tires.

Shortly after the impact Plaintiff went to speak with Defendant. The police report indicated that “P1”, defendant, was the cause of the accident due to “unsafe backing”.

Defendant changed his story numerous times in the course of his deposition under oath. He initially testified that he was stopped at the time of impact and that he was not backing up. When shown the police report’s indication that he was backing unsafely, he alleged that the police officer lied in the report. Later, he admitted that he was backing – and not stopped – at the time of impact. He also stated that until the day of the deposition he never knew what “object” he hit, even though he stated he read the police report which clearly indicates that the “object” was a skateboard. Defendant testified that he never hit the plaintiff, but rather only hit “an object”. However, defendant testified that the first time he saw plaintiff was only after the accident, and he did not see him prior to the accident, ultimately admitting that he did not know whether he hit anything other than the “object”.

Skate Board Accident pic

 

 

 

 

 

 

INJURIES:    

After being struck and dragged by defendant’s vehicle, plaintiff immediately suffered a dislocated right shoulder and severe pain in his right knee, left ankle, as well as fingernails. Plaintiff sought treatment at Kaiser Permanente Emergency Room. After x-rays were taken, he was diagnosed with a shoulder, knee, and ankle sprain and was given a knee and ankle brace to support the sprains. He was also prescribed pain / anti-inflammatory medication.

Plaintiff followed up with a doctor. He was diagnosed with contusions and sprains as well as “Internal Derangement” of the right knee. Due to constant right knee pain, the doctor also ordered an MRI to be taken of the knee, which ultimately turned out to be negative to any ligament tears. Plaintiff sought physical therapy from that doctor. The doctor  indicated in his report the consistent findings of cervical sprain, left ankle sprain, as well as right knee and shoulder sprains. Plaintiff’s physical therapy treatment consisted of four modalities at each therapy session.Skate Board Accident pic

 

 

 

 

 

 

RESIDUAL COMPLAINTS

Plaintiff has intermittent pain in his knee while driving and intends to follow up with an orthopedic specialist.

Plaintiff owns an audio-video installation company. Prior to the accident, he regularly installed heavy equipment and used a ladder. Because of the accident he can no longer perform these duties and can only supervise others.

LIABILITY:

Defendant does not contend that he was not at fault for the unsafe backing and striking of the defendants skateboard. However, defendant contests the fact that plaintiff himself was ever hit. However, the defendant admitted he only saw the plaintiff after the accident for the first time. The dent on defendant’s vehicle does not indicate any scratch or scuffs that may be indicative of a skateboard being thrown at it, as the defendant alleges .

CONCLUSION:

This case was settled out of court, and the client got the money they deserved!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

A Car Hit Me When I was Walking. What Is My Remedy?

PEDESTRIAN COLLISION CASE ANALYSIS

FACTS OF THE CASE:

Plaintiff was walking south on a street at the time of the incident. Defendant was facing eastbound in a private parking lot when she drove her vehicle through the parking lot wall and struck Plaintiff who was walking on the public sidewalk. The impact knocked Plaintiff to the ground. Plaintiff suffered injuries as a result of being knocked down by the car.

Pedestrian struck photo

LIABILITY:

Defendant did not maintain control of her vehicle, and therefore drive her car through a wall and struck Plaintiff. An independent witness has submitted a hand written statement verifying the events stated.

NATURE AND EXTENT OF DAMAGES:

As a result of the auto versus pedestrian accident, Plaintiff suffered injuries to his right shoulder, lower back, knee, ankle, and arm. Plaintiff was in severe pain and was taken by ambulance to a local hospital. The day after the accident Plaintiff sought treatment from a doctor and he conducted a full exam, and his diagnostic impressions were: post traumatic lumbar musculoligamentous sprain, lumbar spinr radiculitis, left knee sprain, and right arm pain. Plaintiff underwent a course of chiropractic care where he received multi-modality treatment

As a result of continuous pain to his knee, Plaintiff was referred to obtain MRI diagnostics and was referred to follow up with an orthopedic specialist.

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RESIDUAL SYMPTOMS AND ADDITIONAL ITEMS:

Plaintiff still has residual knee pain when standing or walking for prolonged periods. The doctor recommended further follow-up care which may include arthroscopic surgery. Plaintiff  also experiences low back pain when bending, which will require future physical therapy.

Plaintiff was accustom to taking a walk every day for about 20-30 minutes, however, due to the pain in his knee, he has been unable to go on his daily walks any more. Plaintiff has no prior history and no prior injury to his knees or back.

LOSS OF EARNINGS:

Loss of earnings are not being claimed. However, Plaintiff us a day laborer which requires constant lifting, standing, and bending. He is currently able to do only light duty work such as painting, but cannot perform his usual work.

CONCLUSION:

THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

He Made An Unsafe Left-Turn Which Resulted In The Collision

UNSAFE LEFT-TURN CASE ANALYSIS

FACTS OF THE CASE:

Plaintiff was driving his  Honda  pickup truck eastbound . Plaintiff was travelling at approximately 25 to 30 miles per hour. Plaintiff proceeded through a green light at an intersection and was struck by a Volvo driven by Defendant as Defendant was westbound  and making a left turn . Defendant was making an unsafe left turn since she did not yield to traffic and was in violation of California Vehicle Code §21801(a). Plaintiff suffered injuries as a result of this accident as outlined below.car-accident-specialists

LIABILITY:

Plaintiff was proceeding through a green light. As per Vehicle Code §21801(a), Defendant, who was attempting the left turn should have yielded to traffic proceeding straight. Property damage was initially paid by Plaintiff’s carrier but after Defendant’s carrier accepted liability, they reimbursed Plaintiff’s carrier.

NATURE AND EXTENT OF DAMAGES:

Plaintiff suffered trauma to his head, neck and low-back as a result of this collision. The day after the accident he sought treatment from his doctor. After a comprehensive examination, the doctor ordered x-rays and his diagnostic impressions were: Posttraumatic headaches, acute musculoligamentous sprain of the cervical spine, acute musculoligamentous sprain of the dorsal spine, acute musculoligamentous sprain of the lumbosacral spine, acute right shoulder contusion, acute left shoulder contusion, and posttraumatic neurosis. Based on said diagnoses, Plaintiff received physical therapy.

After the accident, Plaintiff was unable to return to his normal lifestyle. Prior to the accident Plaintiff was able to carry heavy items that his work required of him. However, due to the injuries sustained, Plaintiff was not able to carry heavy items. To date, Plaintiff continues to have neck and back pain when driving for prolonged periods of time. Due to the increasing discomfort, Plaintiff will be making an appointment with an Orthopedic Specialist.

CONCLUSION:

This case was settled out of court, and the client got the money they deserved!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

Filing An Emotional Distress Lawsuit

About Emotional distress lawsuit

Emotional distress laws

Have you ever been emotionally damaged by the actions of another person? If a person can cause such emotional damages, then it is more than probable that this person is an acquaintance or even a relative. Such cases of emotional distress are actually crimes that can be sued in a court of law.

You might now be wondering how a seemingly vague concept such as emotional distress can be used as the source of a lawsuit. If that is indeed the case, then how come sibling quarrels and romantic break-ups do not end up in courts very often? Actually, there is a little more to the emotional distress lawsuit that you can file in a court, than what might seem possible to you at first glance.

Technically, causing emotional distress to a person is not illegal. Those emotional distresses that do end up in a court of law depend upon the situations and circumstances that lead up to them. It is important to note that these circumstances that lead to emotional distresses occurred due to the extreme negligence of a duty of care, or through the intentional infliction of distress. Such types of emotional distresses can be sued in a court of law.

Financial damages

If the emotional distress that the victim had to suffer because of the illegal actions of the defendant were great enough, it is probable that the victim will require the services of a professional to recover from such psychological damages. Such medical bills could be reimbursed if the court was to order the defendant to pay up for them.

Know about emotional distress lawsuits

     Filing emotional distress lawsuits

If the actions of the defendant were proved to be negligent, then the burden of proof is on the plaintiff to provide evidence, to prove that it was the duty of the defendant to protect or serve the plaintiff.

It needs to be noted that the definition for emotional distress can change from one jurisdiction to another. This is because of the fact that describing the psychological and emotional effects that certain situations can have, is an extremely difficult task.

Bringing emotional distress lawsuit in a court of law and winning is not an easy task. The burden of proof is on the plaintiff and it is up to him or her to prove that an incident that occurred due to the negligence of the defendant was the reason for distress.

The Definition Of Assault Explained

Legal Definition Of Assault

Definition Of Assault

Before going in for claims or court cases related to criminal injury or assault, you should have an idea of what exactly is Assault. To be more precise, the legal definition of assault should be known by you if you are to take the help of law in your advantage. So what exactly is that definition?

If you go by the rulebooks, you will see that assault is defined as “the intentional creation of a reasonable apprehension of harm”. It is obvious that you will not understand a majority of this definition. In simple terms, assault happens when one person harms or attempts to harm another person intentionally and not accidentally. Attempt of harm implies that if a person perceives that another person is going to harm him like for example if the other person raises his arms with his fists clenched, then it is considered as an assault. This is the primary difference it has with battery.

Many a times assault and battery have been misunderstood to be the same. Battery is said to have occurred if the person really suffers an injury i.e. he or she has been subject to physical harm. In the example mentioned above, only if one person has been punched by the other then only can we term it as battery.

If you are fighting a legal case involving assault, then you need to have ample proof of being assaulted. Therefore, what serves as a proof to assault, you may ask? The definition we gave earlier clearly signifies what should be the occurrence to term an event as assault. If we split the definition of assault, we can see the clear proof of assault. Here is what it is,

The Intentional Creation: the event of assault should not be accidental. Someone should intentionally commit the crime and not out of accident or to make fun of someone.

Physical Harm

Assault Defined In Legal Terms

Of a Reasonable Apprehension: The person who is assaulted or the victim to be more precise, should clearly understand that the harm is committed on him/her or that the harm is directed at them directly or indirectly. Unless the victim is unaware that a threat is looming at large for them from someone else, the threat cannot be termed as an assault.

Of Harm: Harm implies that physical damage or action should be inflicted on the victim. It can be either a punch or kick or even a physical or more specifically sexual touch that causes harm to the person.

So now that you are aware of the legal definition of assault, dealing with an assault case will be quite simple.

Know More About Loss Of Consortium Laws

loss of consortium definition

loss of consortium cases

We have all heard of the term ‘loss of consortium’, but a very few know its meaning. So, what is the loss of consortium definition? Different types of laws prevail in different states regarding loss of consortium. Most of these states permit the husband and wife in personal injury cases to reimburse for the harms caused by the loss of consortium. Loss of consortium enables the spouse of the injured partner to take up a case in opposition to the defendants stating the loss occurred during the personal injury event.

These types of cases usually come up when the accident results in any fatality or seriously injuring the partner. The basis of such cases is the loss occurring to the partner who survives in the incident. The defendant is blamed for his actions, which deprived the spouse from the companionship of the partner. The defendant’s action could be the result of his negligence or an intentional action.

Basis of compensation

There are many bases for filing the damage of consortium by the spouse. The spouse who files the complaint blames the defendants for many losses that incurred to him/her by the reckless actions of the defendants. These losses include comfort, affection, love, society, companionship etc.

Other factors included in them are loss of domestic services and emotional care and overall support. The domestic services in them include the care given by severely injured spouse to the children and the share, which the other would have taken in all the household activities.

Monetary compensations

There are no well-defined monetary compensations set forth for the loss of consortium cases. It wholly depends on the judge who presides over the case to take a decision and fix the compensation amount considering various aspects of the case.

monetary compensations

file a loss of consortium

Loss of Consortium prerequisites in California

In the State of California, you can file the Loss of Consortium only if you and your partner are legally married. This was made clear by a court in California while considering a Loss of Consortium case. The explicit instruction says, “loss of (the spouse’s) love, companionship, comfort, affection, society, solace or moral support; any loss or enjoyment of sexual relations or the ability to have children or any loss of the (the spouse’s) physical assistance in the operation and maintenance of the home…”

Hope you have understood the loss of consortium definition. In the event of an unfortunate incident involving a serious injury to your spouse, you can always file one and get the deserved compensation from the defendant.

Definition Of Assault

Legal definition of assault

Assault definition

In legal terms, assault and battery are two widely different forms of offense. They are both punishable acts under the law, but the level of punishment that a judge gives in these cases differ slightly. It is therefore important to know the legal definition of assault if you are interested in learning about legal terms.

Assault definition

Assault can simply be defined as a form of threat. It occurs when a person threatens another person and it results in the victim fearing bodily harm. It is important to note that, by simply saying some threatening words, one will not be guilty of assault. It should be accompanied by some sort of indication, showing the capability of that person to carry out the threat.

Usually, if the threat was adjudged as assault by a court, and if the threat was carried out using a weapon, then it can raise the level of assault charges for which the person is tried in the court.

Use of weapons in the course of threatening someone will raise the level of assault charges, and it is referred to as aggravating circumstances. If the court feels that the aggravating circumstances are high enough, then the court can change the assault charges from a mere misdemeanor to a felony.

Is body contact necessary for assault charge?

You will have a common question if you are trying to learn about the definitions of assault, and it is about the assault charges and physical contact. It is therefore, important to note that, bodily contact is not a necessary act to confirm a person’s guilt of assault charges.

legal terms

definition of assault

It is a common misconception, as media and other sources of news usually treats a case of battery as assault. They are not bothered about the legal implications of such misconceptions, but rather are more concerned about letting out news in sensationalist styles. So the next time you hear about a “brutal assault” on TV news, or read about it in a newspaper, just bear in mind that they might be talking about battery and not assault.

These are some details regarding the legal definition of assault. It is important that you are aware of the differences between these two forms of violence acts, battery and assault. Knowledge of these two is important if you are vying for a career as a lawyer.

Responsibilities Of A Personal Injury Lawyer

personal injury lawyer

personal injury cases

A personal injury lawyer specializes in tort law and provides legal assistance to a person who suffers injuries due to the actions of another person. In this article, we will discuss about the duties of a personal injury attorney.

Various personal injury cases

A personal injury case could include libel and slander, negligence, defamation, dog bites, automobile accidents, premises liability and wrongful death litigation.

Duties of a personal injury attorney

Not all lawyers take personal injury cases. The lawyers who specialize in personal injury cases attend them. However, occasionally a few lawyers whose specialization are in other areas take up these cases when they find the case potentially easy to win. It is important that the personal injury lawyer is up to date with the social, scientific and legal aspects related to personal injury laws.

A personal injury attorney may have a number of clients at a time. Initially, the staff members of the attorney take the details of each new client and later the attorney himself meets his client. The first step involved in any personal injury case is to amass all papers and relevant documents that relate to the case. All the detailed information in connection with the case has to be noted down. The two immediate tasks in front of an attorney during a personal injury case are to make sure that the client gets all medical facilities required and to initiate the proceeding for the claim.

personal injury laws

personal injury attorneys

Note that you are required to notify your medical insurer on the presence of an attorney for your case. All the documents and papers related to the case needs to be sent only through the law office. Also, note that, a good percentage of personal injury cases settle out of the court, so it is the duty of the personal injury attorney to negotiate with the insurer and ensure that his client gets sufficient amount of money to meet all costs associated with the injury.

As mentioned earlier, most of the personal injury cases are settled outside courts. However, the personal injury lawyer should still spend his time and resources for the case, so that he could give his best support for his client if the matter moves to court. The lawyer should meet witnesses so that he can prepare affidavits with all proofs and facts. The attorney may also produce an expert testimony, which would help the case in the court.

Some Tips On Becoming A Workers’ Compensation Lawyer

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Los Angeles attorneys

Want to become one amongst the workers compensation attorneys Los Angeles is proud of? You’d be surprised to find out how many others want the exact same thing. There’s going to be some competition, so here are some tips that will set you on the right course:

Tips

  • The first step involved is of coursing getting admitted to a reputed law college to start working on a graduation in law. To do that, you will have to score high marks in your law school admission tests. Make sure that you select the right law school, a school where there is a good workers’ compensation curriculum.
  • Since your desire is to become a workers’ compensation lawyer, you will have to concentrate more on those subjects that are related to that field. Once you finish your first year, ensure that you take on as many electives as you can that are related to the workers’ compensation law. Communicating with faculty that handles these subjects is very important, as they will be able to guide you through the various steps involved.
  • There are many law firms in Los Angeles that handle workers’ compensation cases, so try to get into those firms as a summer intern or as a summer associate. Working at close quarters and handling workers’ compensation cases on a daily basis will allow you to decide whether workers’ compensation is the right field for you. It will also ensure that you get experience in this field, which will be helpful in your career.
  • The crucial step in the process of becoming a workers’ compensation lawyer, or any lawyer for that matter, is to pass the Bar Exam. In order to pass this exam, you might have to take some extra help, such as a study course.

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     workers compensation lawyers

  • Once you pass the Bar Exam, you can start working as a lawyer independently. If you are lucky, the law firm with whom you worked as an intern might take you into their staff of lawyers. Otherwise, you will have to go job hunting, and you might be required to use your networking skills to the full extent, to get the right results.
  • Once you establish yourself as a lawyer, the next step is of course to undertake cases, and be successful. You can join the local Bar Association and slowly start building your reputation.

These are some of the steps that you will be required to follow if you want to join the reputed group of workers compensation attorneys Los Angeles is proud of.