Scott M. Blumen, Attorney at Law, APC

Are you entitled to compensation after a car accident?

2024-11-25T18:35:01Z

An auto accident can have devastating effects on survivors. Many survivors of auto accidents will suffer serious injuries and losses that can lead to severe financial repercussions. If an accident victim pursues the liable party in an auto accident case, they may be entitled to compensation for any damages. Here are some damages victims could recover via a successful lawsuit:

Medical bills

Survivors of auto accidents may need to seek intensive medical care for their injuries. This medical care could lead to surgery, hospital care, physical therapy, rehabilitation and long-term care. The victim may be billed for their care and any use of medication, medical grade equipment, tests and other services. The victim could receive compensation for any medical bills.

Lost wages

A victim’s injuries could limit their ability to work and gain an income. The victim’s loss of income could impact their ability to pay for rent, utility bills, debt and basic needs. These bills could be paid if the victim recovers damages.

Property damage

An auto accident could have caused damage to the victim’s vehicle. The vehicle may need to be repaired or replaced. This financial burden could be supplemented if the victim can recover compensation through a successful case.

Wrongful death

Some auto accidents can lead to a loss of life. The dependent loved ones of auto accident victims may need to seek compensation to afford funeral costs for their loved ones, and they may be entitled to additional damages for their own loss of companionship and the loss of the deceased's personal services or the benefit of their income.

Pain and suffering

Victims of auto accidents often suffer from prolonged physical and psychological injuries and losses. These injuries and losses could lead to frequent pain, depression or the loss of enjoyment from loss. Victims may recover damages to compensate for their pain and suffering. Legal guidance can help victims explore their financial recovery options after an auto accident.

Can I sue for an injury as an emergency responder?

2024-11-18T22:39:47Z

Emergency responders help people during emergencies. They face risks while doing their jobs, and sometimes, they get hurt because of unsafe conditions. As an emergency responder, there is a chance that you will slip and fall, and when you do, it may be because of someone’s negligence. Suddenly, it becomes a question of safety and responsibility.

Can I sue if I am injured on the job?

Emergency responders like firefighters and paramedics often face dangerous conditions at work. In California, the "Firefighter's Rule" usually stops them from suing for injuries they get while doing their jobs. They know their work is risky and accept those risks. But there are exceptions:

Hidden dangers: The property owner knew about a hazard (like a broken step or uncovered pool) but did not warn you.
Building code violations: The property owner violated building codes, creating an unsafe environment.

These situations demonstrate negligence beyond the typical risks you assume as an emergency responder. If the owner neglects to maintain their property and an emergency responder gets hurt, the owner might have to pay for damages.

What steps should I take after an incident?

If you experience a slip-and-fall injury, taking immediate and appropriate steps can help protect your rights. Here are some actions you should consider:

Get yourself checked. Your health should be the top priority.
Take photos and gather witness statements if possible.
Notify your supervisor and the property owner about the incident
Keep clothing and shoes in the same condition as when the fall occurred.

These cases can be tricky, especially for emergency responders. It is important to know your options to get the compensation you deserve. California laws offer some protection, but they can be complicated and having legal advice to apply the law to your situation would be to your advantage.

Is whiplash a legally actionable crash injury?

2024-11-03T03:49:16Z

Whiplash is a neck injury that commonly occurs as a result of motor vehicle accidents. This condition generally develops when the head is suddenly jolted back and forth, straining the neck’s muscles and ligaments. While some people recover from whiplash relatively quickly, others experience long-lasting pain, limited mobility and potentially even chronic symptoms that impact their daily life. Because whiplash can lead to significant medical expenses and impact a person’s quality of life, it is often grounds for a personal injury claim.

Proving that damages should be awarded for whiplash

If you have been injured in this way and you are considering whether or not to pursue a whiplash injury claim in California, know you must show that the injury was caused by another party’s negligence or intentional conduct in order to recover damages. Negligence means that someone failed to act with reasonable care, leading to the harm for which you are seeking compensation. For example, if a driver was distracted, speeding or following too closely and rear-ended your vehicle, their actions could be considered negligent. In California, whiplash injury victims may be eligible for several types of compensation. However, whiplash cases can be challenging to prove, as insurance companies may downplay the severity of this particular injury, labeling it as minor or your symptoms as “necessarily” short-term. This is one of the many reasons why it is a good idea for you to consult with an experienced legal team about how best to move forward in ways that will allow you to benefit from an informed personal injury strategy.

Can you sue for emotional distress after a wrongful death?

2024-10-31T17:49:46Z

Losing a loved one unexpectedly causes immense pain for family members. This pain often goes beyond financial loss, leading to significant emotional distress. When someone else’s negligence results in a wrongful death, family members might wonder if they can seek compensation for the emotional suffering that follows.

Legal rights for emotional distress claims

In wrongful death claims, family members may pursue compensation for emotional distress, but the ability to do so depends on specific state laws. Generally, immediate family members, such as spouses, children, and sometimes parents, can seek damages for their emotional suffering. Courts recognize that the trauma of losing a loved one affects emotional well-being, and they aim to provide a form of relief.

Factors that affect emotional distress compensation

Courts consider various factors when evaluating emotional distress claims in wrongful death cases. These factors include the relationship between the deceased and the claimant, the nature of the death, and the extent of the emotional impact. The stronger the bond with the deceased, the more likely the court will recognize significant emotional suffering. Additionally, sudden or traumatic deaths often lead to higher compensation due to the severe emotional impact on the family.

Challenges in proving emotional distress

Proving emotional distress in wrongful death claims presents certain challenges. Family members must provide evidence of their suffering, which might include testimony from mental health professionals or other forms of documentation. Emotional pain is not necessarily visible, and establishing the severity of the distress requires substantial evidence. This makes the guidance of an experienced attorney crucial for success.

Seeking justice and relief

Family members who suffer emotional distress due to a wrongful death deserve compensation for their pain. Emotional distress claims provide a means for families to seek justice beyond financial loss, acknowledging the emotional impact of losing someone they love. Working with a skilled wrongful death attorney helps ensure families receive the support and compensation they deserve. While no compensation can fully heal the pain of losing a loved one, pursuing an emotional distress claim can offer a sense of justice and help families find some measure of relief as they move forward.

What if I was partially responsible for the dog bite?

2024-10-17T16:35:10Z

Sometimes, you may have provoked a dog attack, whether intentionally or unintentionally. For example, you might have been teasing the dog, entering the owner’s property without permission or ignoring the warning signs. California follows a “strict liability” rule for dog bite cases. Under California Civil Code Section 3342, the dog owner is liable, regardless of whether the dog has shown aggressive behavior before. While California’s strict liability law holds the dog owner accountable, your compensation could be affected if your actions played a role in the attack.

How strict liability works in California dog bite cases

Even if you were partly responsible for provoking the dog, the law does not remove the owner’s liability. However, your actions could lead to a reduction in the damages awarded. For example, if the court finds that you were 25% responsible for inciting the dog, and the dog owner was 75% responsible for failing to control their pet, your compensation would be reduced by 25%. This concept, known as “comparative negligence,” intersects with strict liability in these cases. Under California’s comparative negligence law, if both parties share responsibility for the incident, the court will assess the degree of fault for each side. It’s important to document the circumstances of the incident and gather evidence showing that the dog owner still bears responsibility. For instance:

If the dog had a history of aggressive behavior, it strengthens the argument for the owner’s liability.
If the owner violated local leash laws, it further establishes their negligence.

Taking these steps and seeking legal guidance can help you secure the compensation you deserve, even if you were partly at fault. By fully exploring your options, you can still secure compensation for your injuries and related losses, helping you move forward after the attack.

Vehicle design trends put cyclists and pedestrians at risk

2024-10-03T14:16:54Z

Vehicle design trends have led to growing SUVs and pickup trucks. These vehicles are getting taller, wider and heavier. Some people who buy them will then add lift kits or new tires to make this effect even more extreme. But this is a very dangerous trend, especially for children. Studies find that many children are essentially invisible, completely hidden by the front of the truck. The driver can’t see a child over their vehicle’s hood. With some large vehicles, adults are also at risk. There have even been cases where drivers have struck cyclists, motorcyclists or people in smaller vehicles – such as sports cars – because they just didn’t see them at all.

Where is the risk greatest?

When looking at these accidents, much of the risk happens at intersections. A driver who is turning right, for example, may look at the crosswalk and not see anyone crossing the road. The reality is that two children are walking across on their way to school, but the driver has no idea because those children are completely hidden by the pickup truck’s blind spots. If the driver executes the turn, they won’t know that they’ve made such a critical mistake until the impact. But it’s not just intersections where the accident odds go up. Crashes also happen on sidewalks, on driveways and in parking lots. The bigger modern vehicles get, the larger their blind spots become. Those blind spots can take a toll in many locations. A driver who cannot see is a threat to everyone. Have you been injured by a negligent driver, or have you lost a loved one in a tragic accident? You may be able to seek financial compensation.

The level of a spinal cord injury affects the costs

2024-09-17T16:04:08Z

All spinal cord injuries should be taken seriously. Even the most minor can be life-altering. Many spinal cord injuries are fatal or lead to long-term disabilities.

That said, these injuries can be very different from one to the next. One factor to consider is simply the level at which the injury takes place.

For example, low tetraplegia is a spinal cord injury that happens between the C4 and the C8 vertebrae. This can lead to a loss of function below that level. It is a very serious injury, and it can cost over $760,000 in the first year – along with over $100,000 of subsequent annual costs.

On the other hand, high tetraplegia is between the C1 and the C4 vertebrae. The first-year costs for this injury can be over $1 million on their own, with around $184,000 of subsequent annual costs.

Age also plays a role

Another major component is the age of the person who suffers the injury. The younger they are, the more expensive that injury can be. The estimated lifetime costs for a low tetraplegia are over $2 million at 50 years old, for instance, but close to 3.5 million dollars at 25 years old. The lifetime cost of a high tetraplegia is around $2.6 million at 50 years old but jumps up to $4.7 million at 25 years old.

Of course, the specific cost is going to vary from one case to the next. But this helps to show how expensive a spinal cord injury can be and why injured parties need to understand all of their legal options to seek compensation.

Benefits of dash cam footage after a car accident

2024-09-10T07:37:55Z

Having a dash cam offers many benefits. One uses the footage recorded if you are involved in an accident to help show fault.

Here, you can learn more about the benefits of dashcam footage if you are involved in an accident caused by someone else’s negligence.

Provides clear evidence of fault

One of the primary benefits of dash cam footage after a car accident is its ability to provide clear evidence of fault. In many car accidents, determining who is responsible can become contentious, often relying on conflicting witness statements or subjective assessments.

Dashcam footage offers an objective, real-time incident recording, which can help law enforcement, insurance companies, and courts more accurately determine who was at fault.

Protects against fraudulent claims

Dash cam footage is precious in preventing and defending against fraudulent claims. Some drivers intentionally stage accidents or exaggerate their injuries to collect insurance payouts.

With dashcam footage, these dishonest activities can be easily disproven, protecting the innocent party from liability or financial loss. Having a video record of the event ensures that fraudulent claims are quickly dismissed, saving time and money for everyone involved.

Supports insurance claims

Having dash cam footage can expedite the process of filing an insurance claim after a car accident. Insurance companies often need to investigate the accident, which can take time, especially if there are discrepancies in the details provided by both drivers.

Dashcam footage provides a straightforward and accurate account of the events, helping adjusters assess the claim more quickly and leading to a faster resolution.

Improves road safety

Lastly, dashcams contribute to overall road safety. Knowing their actions are being recorded may encourage drivers to adopt safer driving habits. Moreover, reviewing the footage can help drivers learn from their mistakes in case of a collision and avoid future accidents.

Dashcam footage offers invaluable evidence, protects against fraudulent claims, supports insurance processes, and promotes safer driving habits.

California does not apply the “one bite rule” for dog bite cases

2024-08-26T21:40:51Z

Many states follow the “one bite rule” when determining liability in dog bite cases. This rule gives dog owners a pass for the first bite their pet inflicts, assuming the dog has no other history of aggression. However, California takes a different approach. The state enforces strict liability for dog bites, which means that dog owners in California always bear responsibility for their pet’s actions from the first bite.

Understanding California's strict liability law

Under California Civil Code Section 3342, a dog owner becomes liable when their dog bites someone, whether the bite happens in a public place or on private property where the victim has the legal right to be. Unlike the “one bite rule,” the victim does not need to prove that the dog has a history of aggression. The law assumes that dog owners must control their pets to prevent any harm, making the owner strictly liable for any injuries caused by a bite.

Key exceptions to California's strict liability

Although California law favors the bite recipient, a few exceptions exist. If a person sustains a dog bite while trespassing on the dog owner’s property, the owner may not face liability for the bite. Additionally, if the recipient provoked the dog, the owner could use this as a legal defense. However, these exceptions require solid evidence, and the burden lies on the dog owner to prove them. California’s strict liability law ensures that dog owners face consequences for their pet’s behavior, regardless of past incidents. By not applying the “one bite rule,” California law prioritizes the safety and rights of injured individuals. This makes it much easier to seek compensation after a dog bite.

4 symptoms associated with internal bleeding

2024-08-19T16:36:46Z

Severe injuries can be external and very obvious. For example, if someone hits their head during a car crash, it may bleed profusely. However, bleeding does not always occur externally. Internal bleeding is unseen to the plain eye and the symptoms can often be delayed. Nonetheless, any kind of internal bleeding is potentially life-threatening. Here are some signs to be aware of.

1. Feeling dizzy or light-headed

Lightheadedness is one of the most common symptoms of internal bleeding. This is usually caused by a rapid drop in blood pressure resulting from the injuries. Lightheadedness is not only associated with internal bleeding in the brain but other parts of the body too, such as the internal organs.

2. Breathing troubles

The respiratory system relies on a steady supply of blood. When internal bleeding occurs, tissues become less oxidized, which can result in shortness of breath and other breathing troubles.

3. Tenderness

Another sign of internal bleeding is tenderness. The affected areas may be very sore to touch. For example, if there is internal bleeding in the stomach or abdominal area, then this part of the body may be extremely sensitive to touch.

4. Body temperature

Often, the body struggles to regulate temperature when internal bleeding has occurred. This could cause the victim to sweat profusely. “Cold sweats” are frequently seen in patients with serious internal injuries. Nausea, vomiting, tingling in the limbs and bruising are other notable signs of internal bleeding to be on guard against. Internal injuries are a medical emergency, and prompt treatment is a necessity. If your injuries were the result of another’s negligence, personal injury compensation could be an option. Seek legal guidance to find out more about this area of the law.