Tag: brain injury

California Personal Injury Law: The Basics

Personal injury is a much nuanced area of the law; in the state of California this is particularly so. However, even though many aspects of personal injury law vary from state to state, there are some commonalities. In general, all personal injury attorneys handle tort laws cases and provide legal representation to persons who claim to have been physically, psychologically, or financially injured due to the action of another person. These types of cases could involve anything from medical malpractice to defective products to bike and car accident, etc.

What are Personal Injuries?

In California, personal injuries are divided into three categories that determine whether the “threshold” has been met – Intentional, Negligence and Strict Liability. In cases of negligence, several things must be proven (1) a duty was owed to another, (2) that duty must have been breached in some way or another, (3) that breach must be both the actual and proximate cause of injury (4) there must be some degree of damages. Strict liability is where an individual is liable whether the conduct was intentional or negligent. Finally, intentional is where someone intended the injury that occurred

The Statute of Limitation

The statute of limitations for filing a personal injury claim in the state of California is two years. For medical malpractice the limit is three years. In California, if you believe you have a case it is crucial that you find a personal injury attorney in California who can advise you as to your rights. If you have waited too long to file, it could mean the end of your case before it even begins.

Injury and Damage Limits

Damages awarded to victims of personal injuries in California fall into two basic categories – economic damages and non-economic damages. Economic damages are out-of-pocket damages that can be documented such as medical bills, medical expenses, car repair bills, etc. On the other hand, non-economic damages are of an intangible nature. This covers things like pain and suffering, inconvenience, etc.

Before you hire an attorney, make sure that he/she is familiar with the applicable laws in your state. At Daniels Law you can retain the best California litigation attorney to familiarize you with all aspects of personal injury law in California. Our offices can provide you with a Los Angeles attorney who has the necessary knowledge and skills that could mean the difference between winning and losing or even getting your case to court.

 

Bill Daniels is a trial lawyer and shareholder with the law firm of DANIELS LAW in Sherman Oaks, CA.  A graduate of Loyola Law School of Los Angeles, he is a former member of the Consumer Attorneys Association of Los Angeles Board of Governors, a founding member of Loyola’s Civil Justice Program and a past president of the Encino Lawyers Association.  Since 2007, he has been named a Southern California “Super Lawyer” by Los Angeles Magazine.  Mr. Daniels focuses his practice on serious personal injury, insurance and employment. For information, visit our website at www.daniels.legal or contact us through e-mail: Info@danielslaw.com.

 

Concussion symptoms can persist in children a year after injury

Each year about half of a million children suffer mild brain injuries. A new report says that, when a child has a head injury, there may be more damage than we initially suspect.

“The majority of kids in the study were injured in sports or recreational activities,” said Keith O. Yeates, PhD, director of Behavioral Health Services at Nationwide Children’s Hospital and one of the study authors. FoxNews.com. “A small number were injured in motor vehicle accidents, but most were sports-related or falls.  Not all mild traumatic brain injuries are alike. It’s important to assess risk factors for symptoms that persist.”

Young people with mild traumatic brain injury (TBI) are at heightened risk of developing postconcussive symptoms, including cognitive symptoms such as inattention and forgetfulness, report researchers.

Mild TBIs are common in children and adolescents, and every year more than 500,000 young people under the age of 15 sustain head injuries that require hospital care.

Health providers need to be able to identify children with mild TBI who are at risk for persistent postconcussive symptoms so that they can target such children for appropriate management.

The prospective, longitudinal study was published online March 5, 2012 in Archives of Pediatrics and Adolescent Medicine.

Spread the word. 

Bill Daniels is a trial lawyer and shareholder with the law firm of DANIELS LAW in Sherman Oaks, CA.  A graduate of Loyola Law School of Los Angeles, he is a former member of the Consumer Attorneys Association of Los Angeles Board of Governors, a founding member of Loyola’s Civil Justice Program and a past president of the Encino Lawyers Association.  Since 2007, he has been named a Southern California “Super Lawyer” by Los Angeles Magazine.  Mr. Daniels focuses his practice on serious personal injury, insurance and employment. For information, visit our website at www.daniels.legal or contact us through e-mail: Info@danielslaw.com.

 

Everyday should be Brain Injury Awareness

March has been Brain Injury Awareness month, however, just because the month is coming to a close doesn’t take away from the importance of taking care of your brain – it’s the only one you have.

The brain cannot regenerate itself.  When someone suffers a severe brain injury, the initial impact can be deadly.  However,  according to the Brain Injury Institute, if they survive,  progressive degeneration of the brain can continue during the hours, days, weeks and months that follow.

The Centers for Disease Control and Prevention reports these as the most common causes of brain injury:

  •  35 % from falls
  •  20 % from car accidents or truck accidents
  •  19% from impact with a moving object
  •  11% from attacks
  •  Other causes include sports injuries and shaking – “shaken baby syndrome”

Once your brain is injured, your life will never be the same. Your “thinking organ” can affect the way you act, feel, perceive and respond to others, including your family. It is important to understand, that although a personmay “look fine” on the outside, the brain injury may cause changes which affect their behavior. People who have suffered a TBI may display irritability, depression, apathy, anxiety, agitation, frustration; display a confrontational attitude and/or outbursts of anger; feelings of guilt and feelings of helplessness. They may become impatient, fearful or thoughtless, and have difficulty doing their usual routine or tasks. It can be most frustrating to families and friends because a person with TBI may have little to no awareness of just how different he or she is acting.

Several posts were written this month to assist you in learning more about brain injury and the important of using protection when possible, such as bicycle helmets.

Any traumatic brain injury is potentially catastrophic. Take care of your brain everyday.

Bill Daniels is a trial lawyer and shareholder with the law firm of DANIELS LAW in Sherman Oaks, CA.  A graduate of Loyola Law School of Los Angeles, he is a former member of the Consumer Attorneys Association of Los Angeles Board of Governors, a founding member of Loyola’s Civil Justice Program and a past president of the Encino Lawyers Association.  Since 2007, he has been named a Southern California “Super Lawyer” by Los Angeles Magazine.  Mr. Daniels focuses his practice on serious personal injury, insurance and employment. For information, visit our website at www.daniels.legal or contact us through e-mail: Info@danielslaw.com.
 

Everyday should be Brain Injury Awareness

March has been Brain Injury Awareness month, however, just because the month is coming to a close doesn’t take away from the importance of taking care of your brain – it’s the only one you have.

The brain cannot regenerate itself.  When someone suffers a severe brain injury, the initial impact can be deadly.  However,  according to the Brain Injury Institute, if they survive,  progressive degeneration of the brain can continue during the hours, days, weeks and months that follow.

The Centers for Disease Control and Prevention reports these as the most common causes of brain injury:

  • 35 % from falls
  • 20 % from car accidents or truck accidents
  • 19% from impact with a moving object
  • 11% from attacks
  • Other causes include sports injuries and shaking – “shaken baby syndrome”

Once your brain is injured, your life will never be the same. Your “thinking organ” can affect the way you act, feel, perceive and respond to others, including your family. It is important to understand, that although a personmay “look fine” on the outside, the brain injury may cause changes which affect their behavior. People who have suffered a TBI may display irritability, depression, apathy, anxiety, agitation, frustration; display a confrontational attitude and/or outbursts of anger; feelings of guilt and feelings of helplessness. They may become impatient, fearful or thoughtless, and have difficulty doing their usual routine or tasks. It can be most frustrating to families and friends because a person with TBI may have little to no awareness of just how different he or she is acting.

Several posts were written this month to assist you in learning more about brain injury and the important of using protection when possible, such as bicycle helmets.

Any traumatic brain injury is potentially catastrophic. Take care of your brain everyday.

Bill Daniels is a trial lawyer and shareholder with the law firm of DANIELS LAW in Sherman Oaks, CA.  A graduate of Loyola Law School of Los Angeles, he is a former member of the Consumer Attorneys Association of Los Angeles Board of Governors, a founding member of Loyola’s Civil Justice Program and a past president of the Encino Lawyers Association.  Since 2007, he has been named a Southern California “Super Lawyer” by Los Angeles Magazine.  Mr. Daniels focuses his practice on serious personal injury, insurance and employment. For information, visit our website at www.daniels.legal or contact us through e-mail: Info@danielslaw.com.