Can I Sue If My Child Was Injured At School?
Bruises and scrapes are a part of childhood. Children play, so they are bound to get injured at some point. Most injuries are not serious, and children can return to playing shortly after. However, in some cases, children can be seriously-injured. It is easier to handle an injury that occurs at home. Parents can take their children to the hospital. If they have their own health insurance plan, then they can use it to pay for the injury. However, some parents may be wondering how they should handle an injury that occurs outside of the home. For instance, many injuries occur at school. Often times, we get questions about parents wondering if they can sue the school if their child gets injured. Who Can Be Held Liable? Schools are supposed to provide a safe environment for children. While children are at school, people care for them in a way that is similar to the way that their parents do. They provide children with care and safety. If a school fails to take any of those precautions, then they may be considered negligent. However, it can be tricky to decide who pays for treatments. Does the School Have a Defense? This will depend on whether the school is public or private. If your child attends a public school, then you will need to report it to the school. You can sue the school directly if your child attends a private school. Did I Sign a Waiver? The school may have a defense if you signed a waiver. For example, if your child plays a sport, then you will have to sign a waiver saying that you understand all of the risks involved. You should check with a child injury lawyer Los Angeles to determine whether this waiver will hold up. What if My Child is Hurt Before or After School? The school will likely not be held liable if the incident occurs outside of school hours. What Types of Problems can Occur at School? Bullying Negligent Supervision School Bus Injuries Neglecting to Provide Medication Defective Equipment Sports Injuries Slip and Fall Asbestos School Shootings Call a Los Angeles Child Injury Attorney You will need to find a child injury lawyer near you if your child has been hurt at school. A personal injury lawyer Los Angeles can help you get compensated.
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What is a Mass Tort Case and Why Does it Matter?
Torts are civil wrongs. Although they might involve criminal acts, tort cases are heard in the civil courts as opposed to the criminal courts. A tort might be committed by a single individual or by a Fortune 500 company. They typically involve some type of personal injury, monetary loss or damage to personal or real property. As per our mass torts lawyer Los Angeles, here are three common examples of mass tort actions: Dangerous pharmaceutical drugs. Product liability claims like defective seat belt or air bag cases. Environmental torts when toxic chemicals are released into the air or water. Distinguishing Between Mass Torts and Class Actions Should a mass tort arise, our Los Angeles mass torts attorney will allege injuries and damages that have been suffered by many people. These typically turn on the law of negligence or the law of product liability. Although both types of cases involve multiple plaintiffs, mass tort actions aren’t to be confused with class actions. For example, in a class action lawsuit, multiple plaintiffs join into a single lawsuit against one or more defendants. For better or for worse, they achieve one single result. In mass tort cases, every plaintiff retains their own individual claim, each with their own individual damages. If they don’t settle, and they are successful in trial, each such plaintiff receives his or her own individual award. As per our personal injury lawyer Los Angeles, these awards are almost always exponentially higher than what a plaintiff might receive in a class action. Since information is shared in mass tort cases, they ordinarily proceed faster than class actions too. Simply having a large number of plaintiffs doesn’t allow you to file a mass tort action. You’re required to obtain permission from the courts. Here are the factors that a court will use to decide whether to allow a mass tort action: The number of plaintiffs. A large number of plaintiffs is more likely to be allowed to file on an alleged mass tort. Where the alleged victims reside and their proximity to each other. Whether the injuries or illnesses that the plaintiffs complain of are similar. Whether the claims carry one or more common threads. Mass tort litigation involves complex issues of law, proof and procedure. If you believe that you were the victim of a mass tort, you can arrange for a free consultation and case evaluation with mass torts attorney Los Angeles Oscar Gutierrez. After listening to you carefully and answering your questions, he will advise you of your full range of legal options.
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How are Truck Accidents Different from Other Accidents?
Los Angeles truck accident attorneys understand settling the aftermath of a truck accident is indeed different from an automobile accident involving standard passenger vehicles. This can be true of all commercial vehicle accidents, but it is especially true of collisions with 18-wheelers. No vehicle on the highway is a physical match for a big rig, which almost always results in serious personal injuries to multiple parties, including truck drivers. Accidents that occur on the open highway can be particularly bad and leave a massive path of destruction that can even endanger the surrounding area when dangerous chemicals are released from placarded tankers. All Los Angeles truck accident attorneys understand the potential problems, but having the right truck accident attorney Los Angeles handling the case is vital for any injured victim because these cases are always defended vigorously. Multiple Negligent Parties While it is true that many truck accidents are actually caused by a driver in a passenger vehicle, truck drivers are still often at fault for many collisions. The details of an accident can matter greatly even when the truck driver is only partially at fault. Driving errors are also not the only consideration in adjudicating a truck accident, and a truck accident lawyer Los Angeles can investigate whether the employing shipping company may have instructed the driver to violate the rules of the road regarding truck safety. While this is not necessarily the norm, there could easily be shared fault among the driver and the transportation company that has contracted the driver. Your truck accident attorney Los Angeles from Gutierrez Law Firm understands cases can become complicated easily, and the trucking company often dispatches an investigation team to the accident scene immediately hoping to lessen the total expense of all personal injury claims. Potential Damages One particular problem many accident victims face in California is being involved in a collision with an uninsured or underinsured driver, which often results in limited insurance coverage for financial compensation. However, this is not the case when truck accidents occur and the driver or company is largely at fault. Your truck accident lawyer Los Angeles knows California state law requires owner-operators and shipping companies to carry much more liability insurance than the typical automobile owner. Whole compensatory damages could very well be available to many injured victims, including those with fatal injuries, and punitive damages can be applied in some instances of gross negligence when a Los Angeles personal injury lawyer can prove the claim to a sympathetic jury. Contact Gutierrez Law Firm Always remember that truck accident claims are typically much more valuable than the injured victim realizes, and the attorney you choose can make a major difference. California residents involved in a truck accident should always call Los Angeles personal injury lawyer Gutierrez Law Firm for comprehensive representation and a maximum damage settlement.
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Is the Government Protected in a Premises Liability Lawsuit?
The details of a premises liability injury claim matter greatly in any case, and possibly even more so in a claim against a government entity. Government agencies and their employees do have a level of immunity in some instances, but the general laws regarding premises liability and personal injury still apply when claims are filed. These seemingly small issues can also have a major impact on a personal injury claim, and it is always vital to retain effective legal representation from a Los Angeles premises liability attorney who understands what to expect as a defense. General Premises Liability Claim Rules The same rules establishing responsibility for a personal injury apply to the government as well as private property owners or business managers. Your premises liability lawyer Los Angeles must prove the respondent had a duty of care and the respondent failed in that responsibility either by action or inaction. Once the general responsibility is proven, the next step will be determining if the claim was filed within time limitations and whether or not the government was immune from the claim. The amount of time allowed for a personal injury claim submitted to a government agency is much shorter than a standard injury claim, and cases can be summarily dismissed for not meeting the deadline. Additionally, the agency also has a response window that must expire before a lawsuit can be filed. When Immunity Applies While physical structure rules may apply in general, actions by employees that are performed as part of their job duties will typically exempt the employee from illegal action. Employees must intentionally go outside of their job requirements to deem the government responsible for an injury. Details are significant in determining liability, and your Los Angeles personal injury lawyer from Gutierrez Law will understand how to craft a case using applicable material case facts that could counter immunity claims from the government agency. Potential Damages Financial damages can also be different in a personal injury claim against the government. Standard compensation for medical bills and lost wages when they apply can be claimed, and general damages for pain-and-suffering are available as well. However, punitive damages are often not available for the typical premises liability injury claim. Contact an Experienced Premises Liability Attorney Los Angeles While personal injury claims can be submitted to a government agency without legal counsel, this rarely bodes well for the claimant. Always retain an experienced premises liability attorney like Gutierrez Law Firm who have a solid track record of results for their clients when dealing with the government.
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Steps to Take After a Slip and Fall
No one anticipates getting into a slip and fall accident. A slip and fall accident can create a lot of stress for you. However, it can be a lot easier for you to deal with the aftermath of a slip and fall accident if you know what to do ahead of time. Get Medical Attention It is imperative that you seek medical attention after a slip and fall accident. Not only is this important for your own safety but you will need a doctor’s report to support your claim. If you do not go to the doctor, then the insurance company may say that your injuries were caused by something else. It is also important to note that some injuries may not show up right away. You may be hurt worse than you think. Inspect the Scene You will need to inspect the scene in order to determine what caused you to fall. Was there water on the floor? Was there a sign that said the floor was wet? Were there many people in the place at one time? Those are some of the things that you will need to take note of. Take Photographs Photographs will provide you with additional evidence. You will need to take photos of the area, the floor and surrounding areas. Identify Witnesses Witnesses can support your claim. That is why it is important to interview witnesses. Make sure that you get their contact information. Make Official Reports Many businesses require that a report be made every time that an accident occurs. If this report is on file, then the other side cannot claim that you did not take the claim seriously. Write Everything Down You may forget important details. That is why it is important for you to write everything down. Work With A Los Angeles Slip and Fall Attorney If you decide to file a claim, slip and fall settlements require a lot of experience, therefore, you will need to to work with a slip and fall lawyer Los Angeles. A Los Angeles personal injury lawyer will help ensure that the claim process goes smoothly. They will also ensure that you get the maximum compensation possible.
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Brain Injury Symptoms
Traumatic brain injuries are some of the most serious types of injuries out there, but the signs and symptoms of them can be subtle. If you suspect that you might have sustained a traumatic brain injury, then a head injury lawyer Los Angeles will be able to assist you. Before you retain a brain injury lawyer Los Angeles has, it’s a good idea to evaluate yourself to see if you have any of the symptoms of a brain injury. Some symptoms include loss consciousness, decrease in consciousness, convulsions, seizures, double vision, clear fluids draining from your nose and ears, nausea and vomiting. You might also be suffering from a traumatic brain injury if you’ve recently been in an accident and you start experiencing difficulty when awakening, as it traumatic brain injuries result in it being much more difficult to wake up. Additionally, traumatic brain injuries can cause you to have neurological defects, such as slurred speech, loss of balance and weakness in your arms, legs or face. If you have any of the above symptoms after being involved in an accident or if they worsen over time, you should seek medical help immediately. Some conditions can progress fatally, and it’s better to be safe than sorry. Other symptoms that you’ll want to monitor and check on, especially if they worsen after you’ve been involved in an auto accident, include headaches, memory problems, depression, anxiety, mood changes, sensitivity to light and sounds and so on. You might also experience slowness when reading, eating, thinking and so on, in addition to countless other symptoms. Basically, if you suddenly notice any symptoms that you don’t usually have and they keep getting worse after you’ve been involved in an accident, then you could be suffering from a traumatic brain injury and need to have a medical professional check on you. If you have suffered from a traumatic brain injury, then you could be entitled to compensation for your injuries. A Los Angeles brain injury attorney can evaluate the circumstances surrounding your accident to determine if another party could be held accountable for your injuries. If a Los Angeles personal injury lawyer thinks that you have a case, he or she will be willing to fight to secure you a settlement that could help you cover the cost of medical expenses and compensate you for any loss wages, along with physical and emotional trauma.
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Signs of an Aggressive Dog
Sometimes it is difficult knowing whether your dog is simply being dominant and playful or if it is actually being aggressive. A Los Angeles dog bite lawyer will tell you that any dog has the ability to become aggressive. Different factors will come into play when it comes to a dog’s aggression levels. Genetics can be a deciding factor, but it is also important to remember that breed stereotypes are not always correct, such as the reputation that pit bulls get for being aggressive. Other factors, such as personality, obedience training, and home environment can all cause aggression in dogs. If you are a victim of aggression from a dog, a dog bite lawyer Los Angeles can help. Signs of Aggression to Watch For There are a number of signs to look for if you are worried that your dog is being aggressive, according to a dog bite attorney Los Angeles professional. A dominant dog may block the path of a person or another dog, insert themselves between their owner and another person, or stop eating or drinking when someone approaches them. Aggression may be shown by males who mount other dogs or people or by lunging at someone who comes near them. They may also demand constant attention and protect their sleep area fiercely. Some dogs will show aggression by coming up to another dog and then placing their head on top of that dogs back or shoulder, as well. It is important to remember that most dogs will display signs of aggression at one time or another. An incident here and there is not really a big deal; however, you should always closely monitor your dog if they display the above signs. A Los Angeles personal injury lawyer will be able to inform you if you have a case due to an aggressive dog. What to Do if a Dog is Aggressive A Los Angeles dog bite lawyer can help you figure out whether or not you have been the victim of an overly aggressive dog. If you own a dog that is showing signs of aggression, you will want to discourage their behavior with the right training and diversions. A dog bite lawyer Los Angeles professional will suggest that dog owners take their dogs in for obedience training if they are having trouble training the dog themselves. Normal socialization, such as barking, jumping, and growling, can also be regarded as aggression. If a dog repeatedly shows these signs of aggression and you believe that it is more than just typical excitement, contact a professional for help. It is not always easy to diagnose aggression in a dog, especially when they are young and not socialized. A Los Angeles Personal Injury Lawyer can Help A dog bite attorney Los Angeles professional is there to help fight injuries and hospitalizations due to aggression from a dog. When in doubt, contact a lawyer today.
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Safety Tips For Drivers And Pedestrians
Safety is a responsibility that is shared by all road users, pedestrians and drivers alike. There are a number of things that pedestrians can do in order to increase their safety. First of all they have to be visible to other drivers, and thus they have to make themselves seen – this is especially important at night. People should cross the street in a well-lit area and stand clear of parked cars, hedges, buses or any obstacles in order for the drivers to see them. When walking at night, it’s ideal to carry a flashlight and/or to wear light/bright colored clothing as well as reflective materials. It’s always important for pedestrians to avoid dangerous behaviors. If you’re crossing the street, do not assume that the vehicle will stop. If possible, try to make eye contact with the drivers, to see that they are not on the phone and they are paying attention to the road. While drivers have an obligation to obey pedestrian signals, it’s important to not rely solely on them and to be careful when crossing the street. When you’re in a parking lot or near on-street parking spaces, you should be alert to backup lights or engine noises in order to stay safe – as the driver might not see you when backing up. Additionally, do not wear headphones and do not talk on your phone while you’re crossing the street. There are things that drivers can do as well in order to be more responsible and avoid anything unfortunate from happening. Drivers should watch for pedestrians at all times, scanning the road and the sides of the road. Before making a turn and before backing up, it’s also important to look for pedestrians. It should also be noted that you have to try to be prepared to stop for pedestrians at any time. In addition, be extra cautious when you’re driving near older pedestrians or near children, as they might not hear or see you. It goes without saying that you should never drive under the influence, and obey speed limits at all times. Additionally, yield to pedestrians in crosswalks, and do not block or park in crosswalks. If something unfortunate does happen, a quick search for ‘pedestrian accident lawyers Los Angeles’, ‘pedestrian accident attorneys Los Angeles’ or ‘personal injury attorney Los Angeles’ should lead you to our site – Gutierrez Law – where our team of Los Angeles pedestrian accident lawyers is ready to handle your case.
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