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Hit and Run in San Bernardino Leaves One Man Dead

The Press-Enterprise released an article describing a hit and run accident occurring in The City of San Bernardino on Sunday, January 28, 2018. A man was walking eastbound on Baseline Street, west of University Parkway, in San Bernardino just before 5 a.m. when he was struck by a 1999 Infinity Q45. After also colliding with an Edison Pole, the driver of the vehicle fled the scene. Fortunately, the police were able to track him down and arrest him, but the victim was pronounced dead at the scene. It is believed the suspect was driving under the influence, but no other details have been released.

As children, we are always taught to look both ways before crossing a street.  The accepted theory is that “pedestrians always have the right of way,” however, when a driver is under the influence of alcohol or drugs, common mindset goes right out the window.  An intoxicated driver places everyone on the road and sidewalks at risk.   In a split second an accident can occur and right of way does nothing to protect the innocent. With one foolish decision, a life can be brought to an end. In the dreadful accident that happened that early Sunday morning, an innocent man lost his life.  He believed he was safe crossing a street when the car suddenly appeared and ran him down. A family is now without a son, a friend, and loved one.  The senseless action of the car’s driver has changed the course of a family’s life forever.

In increasing numbers, drivers caught in these situations often flee the scene for fear of prosecution.  Even if the driver didn’t cause the accident, they will often flee for no discernable reason. If no one else witnesses the accident and the driver flees, the damage can compounded. When an auto/pedestrian accident is quickly reported, the victim stands a better chance of surviving. If left bleeding in the street, the victim’s chances of survival are greatly diminished.

Drivers who cause such an accident while Under the Influence face a multitude of penalties.  The driver can be prosecuted in court and sentenced to State Prison.   Also, independent of any action taken by a court, the California Department of Motor Vehicles (DMV) may initiate a Negligent Operator proceeding to revoke that person’s Driver License.  If the DMV begins the process to revoke a Driver License for Negligent Operation, the accused driver is not automatically granted a hearing.  It is the obligation of the accused driver to schedule an Administrative Hearing to protect their license and to retain an expert representative to advocate for them and their case.

While the matter above seems to represent a clear case of drunk driving leading to bad decisions, not all fatality cases are the driver’s fault. In some cases, innocent drivers are involved in accidents that are simply unavoidable. In situations like this, fighting for one’s rights may prevent an innocent driver from being unjustly punished. When choosing a DMV Defense Expert to represent you, be careful to select an expert who understands the law and the inner workings of the DMV.

If you or someone you know is facing the revocation of their driver license for a fatal accident,   do not wait to seek help. California Drivers Advocates is a team of DMV Defense experts who can help defend California drivers at a DMV Administrative Hearing. Mr. Rob Collier is the President and CEO of California Drivers Advocates. He and his team are dedicated, highly experienced and understand DMV process and procedure. Visit Rob and his team at their website or contact them at 1-888-281-5244.  They will be happy to answer any questions you may have with no cost or obligation.

Alienation of Affections in North Carolina

North Carolina is one of the few remaining states that recognize the torts of alienation of affections and criminal conversation.   These laws allow a spouse to sue the paramour (the person with whom their spouse had or is having an affair) for money damages.

 

Requirements for alienation of affections claim

In order to win an alienation of affections claim, the complainant has to show that:

(1) the marriage had love and affection between the spouses;

(2) the love was alienated and destroyed; and

(3) the defendant’s malicious conduct caused or has contributed to the loss of affection.

Requirements for criminal conversation claim

(1) there is a marriage;

(2) the defendant had sex with your spouse during the marriage and prior to the date of separation.

There is a three-year statute of limitations.

If an alienation of affections and criminal conversation lawsuit is filed against you in North Carolina, you need to defend yourself and seek the legal services of an experienced North Carolina divorce law and family law attorney because successful cases can result in significant awards.

For example, a jury in Guilford County ordered a female paramour to pay $9,000,000 in damages in 2010.   A Pitt County Superior Court Judge awarded $5,900,000 bench verdict in 2010.

The history of these cases is interesting, but the bottom line is that whether you want to pursue one or you need to defend one of these cases, you need experienced legal help.  These cases typically involve jury trials in the Superior Court Division and are a mix of tort claims and the facts you’d find in a nasty divorce case.   Lawyers that handle these cases well typically have experience in both Superior Court and District Court.

 

 

Is Whiplash a Real Thing? Eric Paris Personal Injury Attorney Explains

When you are in an accident, no matter how big or small, you may very well suffer injuries. These injuries can range from serious injuries that require you to be taken into surgery to minor injuries such as a few minor scrapes and cuts on your body. One injury that many people incur during accidents is whiplash. Is whiplash a real thing or is it a made up injury to help you receive money after being in an accident? If you or a loved one have been injured in an auto accident, it is invaluable to contact an experienced California personal injury attorney to help you strategize about the best possible outcomes for your case.

Is Whiplash a Real Injury?

Whiplash is very much a real injury and is often an injury that is ignored and/or mistreated. Whiplash is an injury that occurs to the neck following a sudden acceleration or deceleration that causes a rapid forward backward motion of the head and neck that is usually the result of an auto accident. Symptoms of whiplash can consist of neck pain and stiffness, headaches, dizziness, arm pain and weakness, as well as shoulder and back pain. When you sustain these injuries, though they may seem small, they have the ability to cause long term pain.

Symptoms of whiplash can present themselves right away or can take weeks to manifest, resulting in unexpected medical expenses. Because of this, in California, when you have been in an auto accident, you have up to two years from the date of the accident to file a personal injury lawsuit. That is why it is important to seek medical attention immediately following an auto accident so that your injuries can be ascertained. Speak with an experienced personal injury attorney if you have been involved in an accident that is the result of another person’s negligence to determine whether you have a case and the best way to move forward.

Need Legal Advice?

Any injuries that you sustain at the fault of another deserve to be compensated because they can leave you with medical expenses, pain and suffering, as well as lost wages. Whiplash is a real injury and one that deserves compensation, as well. If you have suffered whiplash in an auto accident, seek legal advice and representation right away. If you or a loved one has been in an auto accident, contact an experienced personal injury attorney at The Paris Firm to help you with your case.

Redlands Man Stuck Down In Bicycle Accident

The Press-Enterprise reported in a recent article, about a bicycle incident in Redlands. On Saturday, Jan. 20 at about 7:25 p.m. deputies responded to a call from a witness to come down to Palm Avenue south of Third Street. When police arrived at the location they found a 34-year-old Redlands man suffering from life-threatening injuries after he was involved in a head on collision. The 34-year-old man, later identified as Brandon Mayberry, was riding his bike down Third Street when 46-year-old Thomas Youngwirth driving a 2005 Chevrolet truck north on Palm approaching Third Street, collided into Mayberry. Police are still looking into the incident and would like any witnesses with any information to come forward to help sort out the incident.

 

Riding bikes to work, to school, to the supermarket, it is becoming more of a trend to help save strain on the planet from traditional fossil fuels, reduce commuting costs as well as to stay physically fit. Many people feel safer riding a bike to their next destination than a car because they feel more in control and less dependent on technology. However, their small size compared to the vehicles on the streets can bring them a larger chance of being struck by passing vehicles. Bicyclists tend to get lost in a driver’s blind spot, and with no horn to honk or any turn signals, it becomes even harder for drivers to determine a biker’s next move. When a biker is struck by a vehicle, it could bring serious damages and life threatening injuries to the victims. Some cyclists are left with a great deal of pain and a substantial amount of debt to pay off from doctor services and medical bills. Other times, when a family loses a loved one to an auto vs cyclist collision accident, they are left to pick up the pieces of the accident while struggling to move on from the loss of a loved one.

 

When accidents happen in California, victims have rights to compensation for recovery from the damages and pain caused by reckless or negligent drivers. Insurance companies may try to hurry along the process and settle, but you can get the compensation you deserve with the help of an experienced auto vs cycle injury accident attorney. Attorneys can file claims and then take settlements, or even go to jury trials to ensure that the largest compensation for their clients is worked out and reached. They can also break down the process so that any confusion is cleared up and also to ensure that their client does not feel alone in this difficult process, they understand victim’s rights and want to help their clients protect their rights under California law.

 

If you or anyone you may know is going through this difficult process, it is a good starting point to do your research to find a local and experienced attorney that has the knowledge and involvement with bicycle vs auto injury accidents. The cyclist in the article above will be facing many injuries that can be costly, by looking to retain an attorney that is willing to dedicate their time and effort into sorting out his case, could ensure the best outcome possible. Justin H. King is an experienced personal injury attorney that represents victims in Fontana, CA who have suffered injury as a cyclist from the result of negligent drivers. His firm, the Law Offices of Justin H. King provides representation for victims involved in serious and traumatic accidents pertaining to auto accidents and wrongful death claims as well. Mr. King vigorously and compassionately represents his injury victims against insurance companies as he has achieved numerous six and seven figure results for his clients. You can visit his website, schedule a consultation at his office located at 3633 Inland Empire Blvd., # 250 Ontario, CA 91764, or call the following number 1 909-297-5001 for a free consultation.

Motorcycle Accidents – What is the Loss of Consortium?

The spouse of an injured or deceased rider can file a claim against the driver whose negligent or intentional actions caused the accident. The legal privilege is in the form the loss of consortium law in California. The law aims to compensate the spouse for the distress caused due to the injuries or death of the partner due to the wrongful act or negligence of the defendant.

Here we will explain the loss of consortium in California in the context of motorcycle accidents.

Motorcycle Accidents and the Loss of Consortium Law

  • The loss of consortium is a torts law. In the context of motorcycle accidents, the law relates to a compensation claim made by the spouse whose partner has been injured or killed in the accident caused by another.
    The loss of consortium is awarded for compensable damages only when the injuries are serious, which is the case with motorcycle accidents. The compensable damages include the loss of the following benefits of a family relationship for the spouse of the injured or deceased driver.
  • comfort
  • companionship
  • love & affection
  • protection
  • moral support
  • social interaction
  • enjoyment of sexual relations

A lot of different factors are examined in calculating the amount of compensation. An important factor is the income of the seriously injured or deceased person. This is because it’s the single most important factor that results in reduced standard of living.

In addition, the compensation amount you receive will depend to a large extent on how your case is represented in the court. That’s the reason you should hire an experienced Orange County motorcycle accident lawyer to increase the chances of collecting the maximum possible compensation amount.

Lastly, you should know that the amount of the loss of consortium can be affected if you have filed a wrongful death case in addition to a loss of consortium case. In such a situation, the amount awarded in one case will affect the amount awarded in the other case.

What Might Endanger a Loss of Consortium Claim?

Keep in mind that there are certain situations in which you may not be able to claim a loss of consortium. Some of the reasons include the following:

  • If separated prior to the accident
  • Any court filing for protection against your spouse
  • If there were talks of divorce before the accident
  • Criminal charges of abuse in the marriage
  • In case any of the partners have sought help of a counselor or religious advisor that shows a shaky relationship

In short, your relationship with the partner must be strong, otherwise your loss of consortium claim may be compromised. Also, you need to hire an experienced motorcycle accident attorney to prove to the court the damages suffered due to deprivation of the companionship of the injured or deceased partner.

Remember that one downside of bringing a loss of consortium case is a loss of privacy. Your marriage and sexual history will be the subject of inquiry in the case. So, you should consider the loss of privacy of you and your partner when adding a loss of consortium claim to the motorcycle accident compensation claim.

If you or a family member needs advice regarding a potential motorcycle accident claim in Santa Ana or the surrounding areas in Orange County, you can contact Shield Litigation, LLP by calling (714) 728-338 or filling out a confidential contact form.

The Long-Term Effects of Spinal Cord Injuries

A spinal cord injury is one of the most serious injuries one can sustain in an accident. Many spinal cord injuries results in paraplegia, which is an inability to move the lower part of the body, or even quadriplegia, the inability to move the body at all. Even if a patient recovers some movement after rehabilitation, they may still have long-term medical issues to deal with for the rest of their lives.

When dealing with a lawsuit involving a spinal cord injury, it’s crucial to understand the long-term effects of the injury. The majority of these injuries can cause lifelong physical and financial issues, and these need to be taken into consideration if you are thinking about filing a lawsuit. People with spinal cord injuries are often eligible for higher settlements because of the catastrophic nature of their injuries.

The effects of spinal cord injuries depend on where on the spinal cord the injury occurred.

High Tetraplegia

An injury to the C1 to C4 vertebrae impairs the ability to move or feel from the neck down, also known as total body paralysis. These types of injuries typically require assistance for breathing, bladder, and bowel function. People who have sustained these injuries typically also need help with day-to-day life activities. Lifetime financial expenses each year for high tetraplegia average $178,000, after an initial $1,000,000 for the first year. Keep in mind when we talk about financial expenses, it doesn’t include loss of wages or productivity.

Low Tetraplegia

People with injuries to the C5 to C8 vertebrae may have partial movement in the shoulder, elbow, or hands. They may breathe unassisted, but may need assistance with bladder and bowel care. Patients may still be unable to walk. Lifetime financial expenses can start out around $740,000 the first year and $109,000 each year after.

Paraplegia

Injuries to the thoracic or lumbar vertebrae are called paraplegia, and typically allow upper extremity function to remain normal. Impairment remains below the waist and some patients can walk short distances with assistive devices like a walker. Financial expenses are usually $500,000 for the first year and $66,000 each year after.

And, incomplete motor function at any level can also have damaging financial effects—$334,000 for the first year and $40,500 each year thereafter [NJCISC].

Long-term health effects

Those with spinal cord injuries also have more long-term health issues to worry about. They may suffer from bladder infections and kidney stones. Osteoporosis also develops early for those who suffer spinal cord injuries. Other issues are muscle spasticity and syringomyelia, a numbness and weakness in the extremities.

Spinal cord injuries can be catastrophic and life-altering. The Chattanooga spinal injury lawyers at Wagner & Wagner Attorneys at Law provide compassionate and experienced representation, and will advocate for the compensation you deserve for your injuries. We serve clients in Chattanooga and Cleveland, TN, in North Georgia, and all surrounding counties. Call us today at 423-799-3532 or complete our contact form to schedule your free consultation.