CALIFORNIA ATTORNEYS ASSISTING PEDESTRIAN ACCIDENT VICTIMS
California is one of the busiest states in the country. Pedestrians are a common sight in virtually every city in the Golden State. Unfortunately, pedestrians in urban areas face a risk of suffering severe injuries due to negligent drivers. When pedestrians suffer damages due to the negligence of others, a pedestrian accident personal injury claim is the best method for them to recover their losses and receive compensation for their injuries.
At the Law Offices of Black & DePaoli, PC, we understand that pedestrian accidents can result in traumatic, painful injuries that often require long recovery times. These accidents can leave victims unable to work for extended periods and even result in permanent disabilities. If you need representation for a pedestrian accident personal injury claim, the Law Offices of Black & DePaoli, PC are experienced motor vehicle collision attorneys in Folsom, California.
WHY CHOOSE THE LAW OFFICES OF BLACK & DEPAOLI, PC?
If you or a loved one suffered injuries and economic losses due to the actions of a negligent driver in the Folsom, California area, the legal team at the Law Offices of Black & DePaoli, PC can help. Our goal is to guide you to a favorable result with your claim. With extensive experience in the fields of insurance, criminal justice, and personal injury law, we can analyze your case and determine the damages you could claim to help you maximize your recovery.
We work closely with every client we represent to provide fully individualized legal counsel. We believe in tailoring our approach on a case-by-case basis, so you can rest assured that our team will get to know you and every facet of your accident to provide the most comprehensive personal injury representation possible.
POTENTIAL DAMAGES IN A PEDESTRIAN ACCIDENT PERSONAL INJURY CLAIM
In most accidents involving motor vehicles and pedestrians, pedestrians are the ones who suffer serious injuries. Personal injury claims allow injured individuals to recover their losses and obtain compensation for the economic burdens their injuries inflict on them. When a driver injures a pedestrian due to negligence, the pedestrian can claim various types of damages depending on the outcome of the negligent party’s behavior:
- When a pedestrian suffers severe physical injuries, the pedestrian can claim compensation for their hospital bills, ambulance fees, and all other costs associated with necessary immediate medical care. If the pedestrian’s injuries require long-term care, the defendant in the case is responsible for these costs as well, including physical therapy, occupational therapy, and any other rehabilitation the plaintiff requires to reach maximum medical improvement.
- If the accident damaged or destroyed any of the plaintiff’s personal property, such as a smartphone, expensive watch, or other personal belongings, the plaintiff could claim property damages to pay for the cost of repairing or replacing these items. For instance, if someone trips on uneven payment and damages a handheld device, the property owner could be responsible for both the victim’s injuries and the damaged device.
- The plaintiff in a personal injury case can claim compensation for physical pain, emotional distress, and psychological trauma resulting from a pedestrian accident. The judge hearing the case will determine an appropriate amount of pain and suffering compensation based on the plaintiff’s claimed measurable damages or the length of time the plaintiff spent suffering from their injuries.
- Pedestrians who suffer injuries from negligent drivers may sustain injuries that are severe enough to leave them unable to work for the foreseeable future. They can claim lost income as damages in their claims to pay back what they missed from work. Additionally, if a plaintiff developed a permanent disability that prevents them from returning to work at all, the plaintiff can claim lost future income that they would have reasonably expected to earn had the injury not occurred.
The plaintiff and the plaintiff’s attorney will work closely together to determine the full extent of the damages the plaintiff experienced from the accident and gather the evidence necessary to prove those damages in court.
PROVING NEGLIGENCE IN A CALIFORNIA PERSONAL INJURY CASE
Personal injury law revolves around the idea of negligence. More than simple neglectfulness, negligence describes a situation when someone should have used reasonable care but didn’t, causing damage or someone’s injury. In pedestrian accident cases, plaintiffs must identify the defendants responsible for their claimed damages and then provide evidence that shows the full extent of those damages. They must also prove that those damages would not have occurred if not for the defendant’s negligence.
To establish negligence in a personal injury lawsuit, the plaintiff’s attorney must first establish the duty of care that the defendant should have met in the given situation. For example, if a vehicle failed to yield, the driver is likely responsible for the victim’s injuries. Next, the plaintiff’s attorney must prove how the defendant breached this duty of care and demonstrate how the plaintiff’s damages would not have occurred if not for this breach. Essentially, the plaintiff’s attorney must prove the plaintiff’s claimed damages are the direct results of the defendant’s negligence and not some other cause.
PURE COMPARATIVE NEGLIGENCE IN PEDESTRIAN ACCIDENT CLAIMS
Another important aspect of California personal injury law that plaintiffs must understand is California’s pure comparative negligence statute. Under this statute, plaintiffs could be awarded damages in a personal injury claim even if they bear some measure of fault for causing said damages. However, the pure comparative negligence statute of California places no restrictions on plaintiff recovery based on fault. Most states will bar plaintiff recovery if the plaintiff is 50% or more at fault for causing claimed damages, but California has no such restriction. A plaintiff can still potentially recover damages even if they are 99% at fault for causing the incident in question.
Many people assume that when a pedestrian accident occurs, the driver is automatically at fault. In most cases, a driver will be fully liable for all injuries they inflict on a pedestrian. All drivers have a legal duty always to yield the right-of-way to pedestrians and to follow traffic signals in busy urban areas where many pedestrians are present near the roads. However, if a pedestrian violates posted traffic signals or otherwise acts negligently in such a way that an accident occurs, the pedestrian may face liability for the accident under California’s pure comparative negligence statute.
The pure comparative negligence statute in California requires a plaintiff found partially at fault for claimed damages to lose a percentage of the case award equal to their fault percentage for causing said damages. For example, in a $50,000 claim in which the plaintiff is 10% at fault, the plaintiff will lose 10% of the case award to reflect their fault percentage.
COMMON INJURIES IN CALIFORNIA PEDESTRIAN ACCIDENT CASES
When a motor vehicle strikes a pedestrian at almost any speed, there is a high chance the pedestrian will suffer serious injuries. The pedestrian may not only suffer serious harm from the initial contact with the car, but also from hitting the ground afterward. Pedestrian accidents commonly cause several types of injuries:
- Bone fractures.
- Soft tissue injuries to the tendons, muscles, and ligaments.
- Spinal cord injuries, some of which may cause permanent disabilities.
- Traumatic injuries, which may also cause permanent damage.
- Internal organ damage.
Depending on the speed of the vehicle and how a specific accident occurred, a pedestrian could face not only painful, damaging injuries but also astronomical medical bills, lost income from time spent out of work during recovery, and long-term disability. A pedestrian accident personal injury lawsuit is the best way to secure compensation for the aftermath of this kind of incident.
SECURE LEGAL REPRESENTATION AS SOON AS POSSIBLE
The economic impact of a pedestrian accident can continue to pile up well after the incident. Medical bills combined with lost income from the time the victim must spend out of work can compound tremendously. It’s vital to secure legal representation as soon as possible from a crosswalk collision attorney in Folsom, California. Contact the Law Offices of Black & DePaoli, PC today to schedule a consultation with a personal injury attorney and start working toward your recovery.
Types of Brain Injuries
Brain injuries are some of the worst injuries a person can suffer. The human brain is incredibly complex. Different regions of the brain control conscious and unconscious processes, from the ability to move the body at will to processing sensory information. When the brain suffers any type of injury, there is always potential for the injury to result in permanent disability and unpredictable long-term complications.
A serious personal injuries lawyer in Folsom, California, can be an invaluable ally when a person suffers a brain injury. The victim may be unable to fight for their own rights in court, and they must rely on family members or other personal advocates to work closely with an attorney if another party is responsible for their brain injury. Personal injury lawsuits for brain injuries and other serious personal injuries are complex and require experienced, compassionate legal representation.
THE LAW OFFICES OF BLACK & DEPAOLI, PC CAN HELP
At the Law Offices of Black & DePaoli, PC, our legal team has a rich professional background in the fields of insurance, criminal justice, and personal injury law. We understand that brain injury cases require compassion, comprehensive legal representation, and keen attention to detail. We take every case with a client-based approach and know that these are difficult cases and. We consider the fact that the full extent of the damages resulting from a brain injury may not be immediately measurable. Some brain injuries can cause unpredictable effects in the future, and we do everything in our power to ensure each client we represent receives our full attention and access to the full range of our resources.
There are many possible types of brain injuries a person could suffer, and it is not always possible to predict the effects a brain injury will have. Two people could suffer similar brain injuries and experience vastly different recovery processes and long-term effects. When you choose the Law Offices of Black & DePaoli, PC, as your brain injury personal injury attorney in Folsom, California, you have peace of mind. We will do everything we can to determine the full extent of your damages and help you maximize your recovery.
TRAUMATIC BRAIN INJURIES: TYPES AND POSSIBLE EFFECTS
A traumatic brain injury occurs when the victim’s head experiences trauma from outside forces. Some of the most common causes of traumatic brain injuries are motor vehicle accidents, interpersonal violence, and sports accidents. Traumatic brain injuries come in many forms.
Concussions are some of the most commonly seen traumatic brain injuries in the United States. Summer activities such as football or even jumping into pools can cause concussions. Every year, many people sustain concussions from playing contact sports and experiencing motor vehicle accidents. A concussion occurs when a sudden, intense movement causes the brain to strike the inside of the skull. The blood vessels in the affected area of the brain might stretch, and the impact will likely damage some cranial nerves.
Some concussions may result in brief periods of unconsciousness. Severe concussions may cause additional problems such as diffuse axonal injuries, which, in turn, lead to permanent brain damage. Additionally, some concussions can potentially lead to severe blood clots that are sometimes fatal.
A concussion is sometimes a complex neurobehavioral syndrome, meaning it does not show up on standard imaging tests such as CAT scans. This is often the case when there is no sign of skull fracture or other physical damage to the head and brain. Physicians must diagnose the concussion by exclusion.
Concussions may take weeks or even months to heal. There is also a wide range of potential side effects to them, including Post-Concussion Syndrome, a complicated condition that is difficult to treat. Some of the possible side effects of a concussion include:
- Periods of unconsciousness.
- Memory loss.
- Changes in personality and mood swings.
- Severe headaches.
- Nausea and vomiting.
The effects of a concussion are often unpredictable, and they may last for quite a long time after the initial incident that caused the concussion.
A brain contusion is simply a bruise or bleeding on the brain itself. This may result from a direct blow to the head, such as an object falling on a person’s head. Contusions damage brain tissue, and large enough contusions may necessitate surgical removal.
Like concussions, contusions can cause a wide range of potential side effects, and they can be difficult to treat. There is also a possibility of any direct blow to the head, causing a Coup-Contrecoup injury. Due to the round shape of the head and brain, an impact on one side of the brain can cause a similar injury on the direct opposite side of the brain. Such injuries occur when the impact is strong enough on one side to cause the brain to slam into the skull on the opposite side.
DIFFUSE AXONAL INJURIES
This form of brain injury typically results from rapid movement. When the motion of the brain cannot keep up with the motion of the skull and the fluid suspending the brain inside the skull, brain structures can tear. Shaken Baby Syndrome is one form of diffuse axonal injury that can have fatal results when infants are violently shaken.
Violent momentum shifts or rotational forces can cause diffuse axonal injuries. Damaged nerve tissue may release neurochemicals into different parts of the brain, which could cause additional injuries. As nerve tissue tears, this disrupts the brain’s ability to communicate with the rest of the body. Diffuse axonal injuries are fatal in many cases and cause lasting damage in others.
PENETRATIVE BRAIN INJURIES
When a foreign object such as a bullet or stabbing weapon penetrates the skull and damages the brain, this is a penetrative brain injury. Firearms are one of the leading causes of fatal penetrative brain injuries. In some cases, a bullet entering the brain may be a “through-and-through” injury that enters one side of the brain and exits the skull through the other side of the head. In other cases, the bullet may enter the brain and then ricochet inside of the skull. In either case, victims of gunshot wounds to the head rarely survive. It is also possible for a person to suffer a penetrative brain injury from flying debris during a car accident and other projectiles.
HYPOXIA AND ANOXIA
The human brain requires a steady supply of oxygen to function correctly. When the brain’s oxygen supply is cut off due to drowning, chemical exposure, or other causes, the brain will start to experience severe injury. Hypoxia describes the brain receiving too little oxygen, and Anoxia describes any instance in which the brain’s oxygen supply is completely severed. Toxic Anoxia can occur when a substance in the bloodstream prevents the brain from using the oxygen in the blood.
POTENTIAL EFFECTS OF A BRAIN INJURY
In the worst-case scenario, a brain injury is fatal. Death may be instant in some cases and take several minutes to several hours in others. In some cases, brain injuries are damaging enough to leave a person in a coma or vegetative state for an extended period, during which the inactivity in the brain causes brain tissue to begin deteriorating.
Nonfatal brain injuries can still be life-altering incidents. It’s possible for a person to sustain a brain injury and develop a permanent disability. They may lose the ability to speak, see, hear, or process sensory information correctly. Some individuals develop problems with language processing, while others experience significant personality changes. Ultimately, the effects of a brain injury are largely unpredictable.
SECURE LEGAL COUNSEL FOR YOUR BRAIN INJURY CLAIM
When a person sustains a brain injury due to the negligent actions of another party, their loved ones may struggle to determine the best steps to take toward recovery. An experienced brain injury attorney in Folsom, California, can be a tremendous help in this kind of situation. If you are unsure how to approach a brain injury claim in the Folsom area, contact the Law Offices of Black & DePaoli, PC today to schedule a consultation with our legal team.