Thursday, June 23, 2011

General Personal Injury: Who Gets Responsible?

Personal Injury Attorney Los Angeles

General Personal Injury refers to injury sustained by the victims because of ignorance or negligence of other people. It falls into two categories. It could affect the body or the mind of the person, such that he or she undergoes severe trauma over the incident. There are also different classifications of general personal injury, including slip and fall, battery and assaults, vehicular accidents, and medical malpractice. With a Personal Injury Attorney Los Angeles victims of these personal injury cases can receive reparations for emotional and financial hardships caused by these classifications.

A recent personal tragic personal injury that has caught the eye of many is that of the three-year-old Arturo Campos of Los Angeles, California, who was wedged in between a closing power window and a car door frame the evening of September 12. According to reports, Arturo’s father got down from the car to make a phone call. He was watching the boy closely, but after turning his back for a minute, the tragic accident took place. Arturo reportedly moved to the passenger seat when his father wasn’t looking and pressed the power window button. Arturo’s neck was crushed as he became wedged.

Who shall be held liable for the death of Arturo Campos? His father? The car manufacturing company? Or both? With a Wrongful Death Lawyer Los Angeles residents involved in these types of accidents can receive a professional opinion and recommendation for their case.

While it is true that the National Highway Transportation Safety Administration (NHTSA) has been requested to take into consideration mandating automatic reverse windows under the Car Safety Act, nothing has been done yet due to the refusal of car manufacturers to make use of this life-saving technology. This technology has actually already been existing, working, and utilized for some other equipment such as automatic reverse elevator doors and garage doors. Had this been put into place, the death of the likes of Arturo Campos, an innocent, may have been prevented. With the professional help of an Accident Lawyer Los Angeles residents who have been a victim of these types of accidents can receive counseling for their case from someone who understands their loss and need for justice.

However, a case of negligence may also be imposed on Arturo’s father no matter how heartbreaking and traumatic the procedures might be, due to the fact that, as a minor—a toddler at that, Arturo shouldn’t have been left alone in the car while it is running. Arturo cannot be faulted with negligence as he is not totally aware of the consequences of his actions, being a baby himself. It is his father who is totally responsible over the welfare of his child. It was him who should have taken all necessary precautionary measures to prevent any untoward incident from happening.

In all personal injury cases, the choice of a legal counsel should be done carefully to fully establish the case strongly. Remember that personal injuries take place even through the indirect participation or responsibility of another party. Hence, the case to be presented should be fully researched and examined from all angles to establish any claim that would somehow serve as consolation to the harm and damages suffered by the victim.

Los Angeles Personal Injury Lawyers identify Personal Injury claims and provide an assurance that in most aspects of tragedy that falls to a person, he or she is protected.

Tuesday, June 14, 2011

Establishing the Reasonableness of Slip and Fall Injury

Los Angeles Personal Injury Lawyer

Perhaps one of the most controversial types of personal injuries is slip and fall. This is because to win the settlement, you have to determine the reasonableness of the accident. By contacting a Slip and Fall Injury Lawyer Los Angeles victims can be consulted by an expert on accident claims.

Reasonableness refers to the persistent efforts of the owner to keep the entire property or process safe. This way, there would be no type of injury that will be suffered by an individual such as an employee or a neighbor.

But how do you exactly determine the reasonableness of the defendant? Here are some of the ways:

1. The defendant is very much aware of the presence of the danger. If the broken glasses have been there even before you slipped and fell into them, and yet the owner didn’t do anything to correct the problem, then you have every right to file a claim against him. The consultation from a Los Angeles Personal Injury Lawyer will let you know this right off the bat.

2. You should determine what kind of safety procedures he followed to avoid accidents. If there is always the presence of risks in his surroundings, the defendant should do everything that he can to ensure not just his safety but other people’s as well. One of the best ways is to develop preventive maintenance procedures. For example, if there was a crack on the building floor, it should be fixed right away to avoid any employee from eventually meeting an accident because of it. The lot owner should ensure that there are proper signs all over his property to warn people of possible dangers. If he doesn’t have any of these processes, you could have a very strong case. Moreover, even if he has one, but he doesn’t implement his safety rules regularly or properly, he can still be held liable for your injuries. With an Accident Lawyer Los Angeles business owners can be given tips and measures to take to prevent accidents and potential court cases.

3. The object that caused your injury should not have been there in the first place. Let’s take the common scenario of slipping into a banana peel. You very well know where it should belong, and yet it ended up on the floor. Since it’s not meant to be there, the one who carelessly threw the peeling away must be answerable to your injuries.

A slight variation of the condition is when the real reason for the object’s presence no longer holds true. For instance, if the lot owner decided to create a hole in the lot to build a small dog house but later on changes his mind and doesn’t cover it with something, he will be responsible for anyone who will fall into the pit and sustains injuries. With a Personal Injury Attorney Los Angeles slip and fall victims can receive professional help in receiving reparations the emotional and financial costs of injury.