California Serious Injury Practice Areas And Legal Defintions

California Wrongful Death:

A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in California, the following elements must be present:

• The death of a human being
• Caused by another's negligent or intentional conduct
• The survival of family members who are suffering the loss of financial support,
  love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased

The general rule in California in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.

California Vehicle Accidents:

Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include aviation accidents, bicycle accidents, car accidents, boating accidents, motorcycle accidents, semi tractor trailer accidents, school bus accidents, train accidents and truck accidents, to name a few. Anyone injured by a drunk driver in a traffic accident, or surviving family members of a fatally injured accident victim, may be able to bring wrongful death charges against the defendant.

The California personal injury law firm Brown & Simowitz, Attorneys at Law, have years of practice and a successful track record representing clients who have suffered significant injuries in motor vehicle accidents of all kinds. The Firm works closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury. The personal injury Attorneys of Brown & Simowitz, Attorneys at Law, possess a detailed understanding of California's automobile insurance and liability laws mean and understand the different sources of recovery available to car accident victims and their families.

California Medical Malpractice:

Medical malpractice is the failure of a health care provider to treat and care for a patient with a reasonable degree of expertise and compassion. If a physician was careless, lacked proper skills, or disregarded standardized rules, a jury may find the health care provider negligent. If damages result from such negligence, monetary compensation may be awarded. Hospitals can also be liable for the negligence of their employees, including staff nurses and technicians.

Other examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Traumatic Brain Injury
• Birth Injury
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence

California Nursing Home Abuse & Neglect:

Americans are living longer than ever before. The fastest growing segment in the United States is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years. As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse is being reported. Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss.

California Dog Bites:

Every year, millions of Americans are bitten by animals. Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effects. In the State of California, the owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone. As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained. Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring.

Slip And Fall/Premise Liability:

Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, including grocery stores, drug stores, office buildings, construction sites, and even gas stations and malls. These accidents may also happen on private property. Either way, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of dangerous conditions.

Dangerous or defective conditions may be a large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store or snow and ice on the stairs of a restaurant need to be investigated quickly. If a claim is against a Town or the State of California, then notices are required within a few months of the injury. For more information, please contact the personal injury Attorneys of the San Diego, California law firm Brown & Simowitz, Attorneys at Law.

Birth Injury:

Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e. failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus. If you have been injured because of improper medical care, you may have a claim against the obstetrician/gynecologist who treated you. However, statutes of limitations bar the filing of claims after a certain period of time following the negligent act.

Defective Products:

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability, and recover damages under one of the following categories: strict product liability, negligence, or breach of warranty.

Defamation (Libel & Slander):

A form of personal injury that does no physical harm but can be extremely harmful to a person's reputation or character is called defamation. Defamation is false and unprivileged spoken words or written publication which exposes any living person to hatred, contempt, ridicule, or which causes him/her to be shunned or avoided, or which has a tendency to injure him/her in his/her trade or occupation.

If you or someone you know in San Diego, California, or within the surrounding cities and counties of California needs the assistance or trusted legal advice of an experienced serious injury lawyer, please contact Brown & Simowitz, Attorneys at Law, today, at 866-723-5543, or complete the contact form provided on this site to begin your free consultation with a skilled San Diego catastrophic injury Attorney.