b2ap3_thumbnail_shutterstock_227581717.jpgWhen you are injured in a car accident, your first thoughts naturally go to the health and safety of yourself and any passengers – especially any children present in the vehicle. If physically able to safely exit the vehicle, a secondary consideration is exchanging insurance information with the other driver(s) and communicating with law enforcement and emergency medical technicians on the scene. While it may not become apparent in the trauma of the moment, the most lasting and consequential damage suffered may be your very ability to work. This is a devastating outcome for people who depend on their physical well being to earn a living. When a car accident changes your position in the world from one of strength to one of vulnerability in a split second, know that the law allows personal injury victims to seek compensation for not just medical bills, but also lost income due to missed work.

Types of Compensation Available to Car Accident Personal Injury Victims

While it is true that the world is becoming more automated (e.g. drones, self-driving cars, travel booking), many occupations still require traditional manual labor. Construction, athletics, landscaping, retail, and the service industries all require able-bodied individuals of good health and with ample energy to perform physical tasks. When a car accident causes injuries, whether temporary or permanent, to a manual laborer, he or she may no longer able to move or lift objects. This outcome is especially detrimental to non-salaried individuals – workers who earn income dollar-by-dollar, hour-by-hour. Fortunately, the law allows for car accident personal injury victims to seek compensation for lost income due to missed work from the individual and/or business responsible for the injury-causing accident.  This compensation is in addition to the monetary damages awarded to cover the cost of medical bills, pain and suffering, and consequences flowing from any short or long-term disabilities resulting from the accident.

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b2ap3_thumbnail_shutterstock_561396394.jpgThe loss of a loved one from an event other than natural causes is a deeply traumatic experience. It is natural to feel profound sadness, anxiety, and even anger – especially if the loss would not have occurred but for the negligent or intentionally wrongful conduct of an individual, business, or institution. Besides these already upsetting emotions, panic may creep in with regard to financial matters, especially if the lost loved one occupied the valuable role of a primary or co-equal income earner. While nothing can undo the trauma of losing a loved one, California’s wrongful death law does offer survivors of a wrongful death victim the opportunity to seek financial compensation from those responsible for the wrongful death and its consequences.   

Types of Deaths Considered Wrongful Under California Law

 The word “wrongful” speaks to both moral and legal culpability for a breach of the duty of personal liberty and bodily integrity owed between all members of society. When this duty is breached so egregiously by intentionally wrongful conduct (e.g. physical violence) or negligence (e.g. drunk driving) that a death results, the death is “wrongful” because the conduct that caused it is wrongful. Specific examples of negligent or intentionally wrongful conduct that constitute bases for wrongful death claims in California include:

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b2ap3_thumbnail_shutterstock_730813042.jpgWith spring weather coinciding with crowds of people flocking to California’s patio and garden bars to watch the NCAA Basketball Tournament and other sporting events, the combination of alcohol, tension, and competing team loyalties can lead to verbal and even physical altercations. People often lose sight of the fact that there exists no perceived slight or indignity relating to an event in the sports world that is grounds for assaulting another person.

When flared tensions produce personal injuries or even emotional distress in some instances, there are consequences – in both the state’s criminal courts, and if a personal injury victim so choose, civil courts. If you have been injured in a physical altercation in a California bar or restaurant, whether as an intended victim or mere bystander, you possess the legal right to hold the at-fault party responsible for the harms that you have suffered.

Battery is Both a Crime and a Tort

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b2ap3_thumbnail_shutterstock_213994996.jpgThe increased size and weight of a truck often bears significantly on the nature and extent of personal injuries suffered in a collision between a truck and car or other vehicle. If you have been injured in such an accident, you know all too well the damage wrought and the time, expense, and personal suffering it will take to get back to the position you were in prior to the accident. Fortunately, the law provides recourse for personal injury victims to seek legal damages in the form of a monetary judgment against the person(s) responsible for the harms inflicted.

Types of Damages Available to Truck Accident Personal Injury Victims

While in some rare case, a truck accident is caused by intentionally wrongful conduct, negligence is a far more common source. A breach of a duty owed that actually causes damages, negligence is what is termed in legal parlance a “tort.” Under California’s Tort Claims Act, tort victims are eligible to sue for money damages in one of the state’s civil courts. In a personal injury suit against a truck driver and/or the driver’s employer, the governing theory of damages is commonly “expectation.” Under this theory, an award of money damages is designed to put the victim in the position he or she would have been in but for the negligence, collision, and harms sustained.

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b2ap3_thumbnail_shutterstock_716712862-1.jpgA personal injury in which the brain suffers a trauma represents a sometimes uniquely difficult challenge in the personal injury law context. This is because, if a traumatic brain injury victim’s memory, speech, or even consciousness have been severely limited, he or she may be unable to recall or speak to the events and persons responsible for the injuries suffered. During this time, medical bills may become astronomical. Worse still, a traumatic brain injury may ultimately result in a wrongful death with the victim losing his or her life as a result of brain damage. In either instance, traumatic brain injury victims and their loved ones so dearly need an advocate for their rights and needs.

Causes of Traumatic Brain Injuries

The causes of a traumatic brain injury are all too many and include:

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Willett Law Firm

39300 Civic Center Drive, Suite 310
Fremont, CA 94538

Phone: 510-791-2244

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