Families frequently struggle after a loved one dies suddenly in an accident. These issues can be particularly difficult when a loved one dies from traumatic brain injuries (TBI) brought on by negligence. Basically, any damage to the head or blow to the head that prevents the brain from functioning is typically referred to as a traumatic brain injury or TBI. Family members of the deceased are frequently left to make difficult financial, medical, and legal decisions without much assistance during a delicate emotional period. Kaass Law brain injury attorneys provide compassionate representation you can rely on.
A traumatic brain injury is described as an injury brought on by the force of an external impact, such as when the head is violently thrown in one direction and then the other or when it collides with a surface or object. The following are some of the most typical causes of fatal traumatic brain injuries:
When the brain's normal flow of oxygen is interrupted, diminished, or completely stopped, acquired brain damage results. In a number of circumstances, including:
The wrongful death of you or a family member could result from a truck, motorbike, vehicle, or pedestrian accident. Many of these accidents can surely cause severe brain injuries, almost always resulting in death. You definitely need legal aid since you are in a stressful emotional and financial circumstance. Thus, an expert wrongful death attorney is necessary in wrongful death cases to help you navigate all the legal hurdles. For example, your attorney will:
Kaass Law, traumatic brain injury attorneys, can also quickly determine whether you are eligible for wrongful death compensation. To ensure your success, they will take the time required to guide you through the legal process.
Similar to a personal injury claim, a wrongful death action seeks compensation from the person or entity proven to have caused the fatal brain injury through carelessness or negligence. Additionally, only immediate family members or other people who were emotionally and financially reliant on the deceased are often eligible for financial compensation in wrongful death cases. Basically, these people have the right to compensation for damages like:
Generally, without knowing the damage's specifics and the accident's circumstances, it is hard to understand the worth of any case involving a traumatic brain injury. Many of the events for which the law permits recovery may not be immediately evident to the damaged party.
The amount of time that must pass after a wrongful death before the victim's family may pursue legal action against those responsible is restricted in California. All families who have lost a loved one to a brain injury should get in touch with an experienced California brain injury lawyer as soon as possible after a loved one has passed away. Our skilled California wrongful death attorneys at Kaass Law are here to discuss your concerns and legal options with you. To set up a consultation, call (310) 943-1171 or visit our other website for other potential cases.
Car accident claims involving left turn in California often involve numerous factors in determining fault or liability. Under California Vehicle Code § 21801 (a) The driver of a vehicle intending to turn to the left or to complete a U-turn . . . shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety. Vehicle Code 21801 (a) also applies to left turn motorcycle accidents. Accordingly, California Civil Jury Instructions (CACI) outlines a “hazard” exists if: "any approaching vehicle is so near or is approaching so fast that a reasonably careful person would realize that there is a danger of a collision [or accident]." In other words, the driver who is attempting to make a left turn must ensure that no oncoming vehicles are close enough to be a hazard before he or she proceeds across each lane the driver of a vehicle will yield the right of way, until the turn may be made with reasonable safety.
In California, anyone who owns property has a legal obligation to keep it safe from hazards. When determining who is liable in a premises liability or slip and fall case, the plaintiff must show that the defendant(s) had ownership, possession, and control of the premises. The individual(s) who owns, possesses, or controls the premises is the one responsible for any injuries arising from a hazardous or dangerous condition of the premises. Therefore, without the crucial element of "control over the premises", no duty to exercise reasonable care to prevent injury on the property can be found.
In California, the owner, operator, and/or lessor of property owe a duty to visitors to ensure that the property is in a reasonably safe condition. Furthermore, another crucial element in premises liability cases is the element of "foreseeability" .The foreseeability of harm is a prerequisite for the recovery of damages. The foreseeability of the danger establishes the duty owed.
If property owner(s) fail to properly maintain the premises and someone suffers injury as a result, they may be liable for damages under premise liability law. As in any other negligence action, the injured person must establish the following: (1) the existence of a duty on the part of the defendant to use due care; (2) a breach of this legal duty; and (3) the breach as the proximate or legal cause of the resulting injury. If you or a loved one suffered damages associated with an accident which occurred on someone else’s property, you may be entitled to compensation for your injuries. We invite you to contact our at (310) 943-1171, for a free consultation.
Motorcycles are more likely to get into accidents than any other motor vehicle. According to the Insurance Information Institute, in 2015, there were 88,000 motorcycle accidents injuries. In motorcycle accidents, knowing your options as a passenger on a motorcycle involved in an accident is important. It is critical for the rider of a motorcycle to have proper motorcycle insurance. Most biker clubs have discounts for motorcycle insurance to avoid being denied damages under California Proposition 213.
Under California law, riders of motorcycles must have insurance with liability coverage. This means that the passengers in a motorcycle accident would have coverage for property damage and bodily injury caused by the rider. This coverage does not cover the damages of the rider unless it has comprehensive coverage, usually coverage for property damages only. Thus, if a rider is at-fault and has liability and comprehensive insurance coverage, then the rider's insurance will cover passengers' personal injuries and rider's property damages only. Coverage. This coverage applies when the rider is not-at-fault and the at-fault opposing driver's coverage is nonexistent or insufficient. In this scenario, the rider and the passenger can make a claim for injuries towards the rider's (in case of no coverage) or (in case of insufficient coverage) motorist coverage. Are you wondering about ? The rider's insurance company will cover for medical expenses irrespective of fault up to the Medical Payments coverage limit, which is usually anywhere from $1000-$10,000.
Multiple vehicle auto accidents are fairly common on California’s congested freeways, which begins with one driver rear ending another driver, resulting in a chain reaction that involves 3 or more vehicles. Alternatively, an accident may occur when a driver runs a red light and hits another car broadside, setting the stage for a multiple car pileup accident. Multi-vehicle car accidents create an added challenge for determining liability for injuries that vehicle occupants suffer. If you are involved in a multi car accident, it is vital you exchange insurance information with all the drivers involved, obtain witness contact information and contact the police to come to the scene and create a police report. It is also absolutely vital you take photographs of the scene, including skid marks, vehicle debris and property damage from multiple angles. If you suffer injury due to pile up accident in our area, you can contact our experienced Glendale auto accident attorney soon after the accident in order to ensure that all pertinent evidence is immediately identified and documented. If you or a loved one has been involved in a multi-car accident, we invite you to contact a car accident attorney in Glendale, CA for a and . Our office will handle your car accident claim, set you up with health care professionals for any needed treatment. We don't charge you any upfront legal fees, as we charge a contingency fee, meaning you don't pay, unless we are able to recover money damages from the responsible parties.
When a loved one passes away due to the negligence of another party, California law allows for two different types of lawsuits that can be against the negligent party. A California wrongful death lawsuit may be filed by the representative of the deceased’s estate, or by the decedent’s surviving spouse, children or other dependent family members. While, a survival cause of action can be filed by the estate’s personal representative, or if none has been appointed, by the decedent’s successor-in-interest. A survival cause of action can only be brought if the decedent did not immediately die from his injuries. The survival statute allows one to “step into the shoes” of the deceased and recover the damages the had they lived, including and , such as:
A brain hemorrhage injury following a motorcycle accident may cause a victim to suffer permanent brain damage. Head hemorrhage or head injuries are some of the most devastating injuries that motorcyclists can suffer in an accident. While, wearing a motorcycle helmet can reduce the motorcyclist's risk of sustaining brain damage from impact, it does not give the motorcyclist complete protection. Motorcycle accident injuries can be reduced by wearing protective gear while riding. When a motorcyclist's is involved in an motorcycle accident, he bares the risk of having his brain shaken violently within the skull if his head hits the pavement or an object. If this occurs, this may cause a brain hemorrhage. Brain hemorrhaging can occur when arteries and blood vessels burst and bleed inside or outside the brain. Generally, when a victim in a motorcycle accidents suffers as a result of the accidentthe brain hemorrhage puts pressure on the brain, which reduces blood supply to brain tissues. Often times, brain hemorrhage injuries can be life-threatening and requires immediate medical attention.
It is possible that your insurance company uses or has used Colossus in the past to determine how much should they pay you for your injury.
Wait, so you mean a computer decides the value of my injuries? Yes, a computer program computes the value of human injuries. Sadly, many times, these settlement offers are unreasonably low. If you received an unreasonable settlement offer for your damages, you can file a bad faith claim against your insurance company with regards to the use of Colossus. If you believe that you may have a bad faith claim against your insurance company give KAASS LAW a call for a free consultation with a personal injury attorney or accident attorney. Our skilled Glendale personal injury lawyers, insurance litigation attorneys, economists, and negotiators work together to secure fair settlements.
First thing first, Be Cool and organize your thoughts. If you were injured in a automobile accident in Los Angeles, California, you may have the right to file a personal injury claim for monies against negligent parties. If you are hurt, you Must ERTH.
E - Evidence Gather as much evidence as possible from the scene of the accident. People love pictures. Use that great camera on that expense cell phone and knock yourself out. R - Record Document, record, and note all financial and medical injuries and losses. Good idea to keep an ongoing journal log of the injuries and affects. Pain, Fatigue tenderness or any type of inconvenience or loss is fair game. Your medical records are extremely important, make sure to keep records of any and all visits to medical providers including hospitals and medical care professionals. Your employment records are very important as well. Make sure to note how much time, money, and opportunity you have lost as a result. T - TIME! Time is of the essence. Follow proper timely procedure to ensure the success and preservation of your injury claim. This can include but not limited to, seeking timely medical attention and filing a timely claim. Statutory time limitations exist for different types of personal injury claims. For example, a personal injury claim against a Government Entity must be formally filed within six (6) months from the date of injury; otherwise, your claim is lost. This is tricky, read our #MUST662 blog for more info here. H - Help Get professional assistance for god’s sake. We do not pull our own teeth anymore so don’t make this more painful than it is. Time and time again, clients trying to sort through the technicalities often face the ultimate consequence of losing their valued personal injury claim. Yes, you are right, this is a biased opinion coming from us. Thus, even if you do not contact our firm, make sure to get a free consult with a experienced personal injury lawyer beforehand. Most of the time these cases are on a contingency fee and the lawyer(s) only make money if they win. The amount of value that an experienced personal injury law firms will add to your case, by no reservation, outweighs the portion of the recovery that will be paid. Hire a dedicated that will aim for getting you get the highest possible settlement for your case. Yes, you can call our auto accident attorney in Glendale, CA, at (310) 943-1171 if you have any further questions or to comment on how great this blog was.
The location of the property damage to the vehicles involved in an accident can help determine how the accident may have occurred, as well as which driver was at fault. Below is an example of determining fault in left turn accidents by assessing property damage.
The you're driving straight and someone made a left turn in front of you scenarios, often times the driver going straight will attempt to swerve to the right to avoid a collision. In this instance, if the damage is located on your left front corner or left front side, that can indicate that you tried to avoid the accident by swerving away. Finally, if the property damage to the other vehicle is located to the right front corner, this likely evidences that the other driver was not paying attention and disregarded and or cut off oncoming traffic. However, if the property damage to the turning car is to the right rear corner, that is evidence that it may have been the fault of the driver going straight and likely may have not been paying attention.
While, every driver is required to yield before making a left, if the person hanging the left made a reasonable right of way yield before turning. Therefore, approaching on-coming traffic then can not speed up, run a red light, or otherwise allow the left turning driver to pass safely. It should be noted that the further the left turning car gets across the oncoming traffic lane, the more likely the driver that is going straight will be found at least partially at fault for not slowing down, and attempting to avoid the collision.
The term "Negligence" is a term used to characterize conduct that creates an unreasonable risk of harm to others. In order to prove negligence you must prove:
In theory both drivers can potentially be partially responsible for causing the left turn collision. For instance under the comparative negligence theory a party may contribute to an act of negligence or be comparatively negligent for his or her own injuries.
Recovery for damages in comparative negligence auto accident claims are reduced by the percentage of fault of each party. If you were found 30% at fault for causing the left turn accident, your settlement and or judgement will be reduced by 30% of the entire dollar amount settled or awarded. If you are in need of legal assistance, our Glendale auto accident attorneys at KAASS LAW can help you through every step of the way.
We provide 24/7 auto accident accident hotline available for victims involved in various accidents including truck accidents, pedestrian accidents, accidents with government vehicle, and more. Our auto accident attorneys in Glendale, CA, charge our clients' zero upfront legal fees. You pay nothing until and unless we successfully secure a settlement or judgement. Our attorneys speak English, Spanish, Russian, Armenian, and French.
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Address: 701 North Brand Blvd. Suite 100 Glendale, CA 91203 Telephone: (310) 943-1171 Email: [email protected] Get Directions on Google MapsOur lawyers in Glendale, Los Angeles, California, are dedicating to providing the highest quality legal services for all of our clients.
KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Common causes of slip and fall accidents occur when property owners fail to exercise reasonable care in preventing slip or fall hazards, such as:
Property owners are legally responsible to inspect the property for any hazard risks and maintain the property in a safe manner. If there are any latent or concealed perils on the land, the possessor is under a duty to exercise ordinary care either to make the condition reasonably safe for those coming onto the land or to give such persons a warning adequate to enable them to avoid injury. Failure to repair or fix a slip hazard, resulting in a preventable invitee or customer injury, is an act of negligence.
Premises liability claims against government entities, due to injuries sustained on public property are often very challenging to litigate. Government entities enjoy greater protections against premises liability claims than do ordinary private persons and businesses. In California, to bring a successful premises liability claim against a government entity, one must prove an additional element that does not exist in premises liability claims against private entities - under Government Code section 835, the injured party must prove either: (a) a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) the public entity had actual or constructive notice of the dangerous condition under Section 835.2 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition. Are you wondering how to prepare for a slip and fall claim? If you were injured due to a slip and fall accident, our knowledgeable Los Angeles personal injury attorneys can help you get the compensation you deserve. Call us at (310) 943-1171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
The motorcycle passenger, or urban for "b&tch seat" or "riding b&tch" can claim for compensation for injuries sustained as a result of the motorcycle crash from any and all responsible parties by proving fault. This is why riders have a requirement to have an insurance policy that will cover the passengers' injuries. Although claiming injuries against someone you know, possibly a BFF or sweetheart, may or may not be ideal, it is important to understand that you are not going after their piggy bank, as their insurance company will "indemnify" and pay for the injuries up to the coverage limit and save the day! And hopefully, you never have to find out, but if you are reading this, we highly recommend speaking to a motorcycle accident attorney before speaking to anyone else. Whatever you say or do will be used against you and your sweetheart no matter what seat you're riding.
Would you like a free consultation from our personal injury lawyers at KAASS Law? Give us a call now (310) 943-1171 for more information on motorcycle accidents. You will not have to pay us upfront or out of pocket for our services! We get paid when you get paid. [embed]https://www.youtube.com/watch?v=cmYyFUF-XQg[/embed]
Determining fault in a multi-car accident is the biggest barrier to overcome in these types of accidents. From a factual perspective, determining causation can be tricky. In a case where a driver admits to being distracted and being the first car to rear-end another car in a line of cars, it may be appropriate to assign that driver 100% liability. Often times however, there are other factors at play including, bad weather conditions, driving to close to another vehicle, road construction, drunk driving, or aggressive driving. Thus, it is vital to speak with a car accident attorney that has experience with handling multi-car accident insurance claims.
When tailgating contributes to a multiple vehicle auto accident, all drivers who tailgated potentially shares some liability for causing injuries of occupants in vehicles that are ahead of the tailgating driver. The driver of the vehicle that collides with the car at the end of the chain likely has the greatest fault. On the other hand, if the driver of the car at the end had followed the next car at a greater distance, perhaps that driver’s car would not have been pushed into the car that he or she was following. Chain reaction accidents or multi car accident in a “stop and go” traffic scenario also create issues of comparative negligence. Generally, drivers are not held responsible for following another vehicle too closely when the vehicles in traffic are stopped, but if the chain reaction collision occurs while the cars are in motion, the legal notion of "comparative negligence"comes into play. If some cars are in motion but others are not, sorting out responsibility becomes a difficult task. If you were involved in an chain reaction or multi-auto accident call or contact our Glendale personal injury attorneys for a free consultation. We will fully review your case, answer any questions you may have, and explain the process as you move forward.
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In wrongful death cases, plaintiffs are the surviving family members of the decedent and can seek to recover economic damages. This includes financial support the decedent would have contributed to the family during the lifetime of the decedent or plaintiff. Also, loss of gifts or benefits that plaintiff would have expected to receive from decedent. Lastly, funeral/burial expenses reasonable value of household services that decedent would have provided to his or her loved ones. Additionally, the surviving family members may also seek non-economic damages. This includes loss of decedent’s love, companionship, loss of services, loss of support, comfort, care, assistance, protection, and moral support. Loss of the enjoyment of sexual relations and loss of decedent’s training and guidance are also real factors.
A survival cause of action in California can only be brought if the decedent did not pass from the injuries. If the deceased lived for a period between the accident and death, considering to file under survival cause of action. The representative of decedent's estate may seek to recover damages. This includes, “the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement". If you and your family are considering filing either a wrongful death or survival action lawsuit, or both if the circumstances permit, we invite you to contact one of our Los Angeles personal injury attorneys today for a free consultation and case review. KAASS LAW has successfully represented victims in wrongful death and survival cause of actions.
This content is intended for educational purposes only. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information, which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, North Hills, Porter Ranch, Chatsworth, Reseda, San Diego, La Jolla, El Cajon, Chula Vista, Del Mar
Symptoms of brain hemorrhaging following a motorcycle accident may not be immediately apparent. Brain hemorrhage symptoms may develop over time as the blood accumulates within the brain. Common symptoms of brain hemorrhage injury following a motorcycle crash include:
Other common motorcycle accident injuries include the following:
Hiring a Los Angeles motorcycle accident attorney can help victims' preserve their accident claim, increase compensation, and avoid having to deal with the difficulties of insurance companies and insurance adjusters. As experienced motorcycle accident litigators, we have successfully litigated various personal injury cases. KAASS LAW understands the mastery it takes to successfully receive fair settlements during the claims stage of a personal injury or accident case. When you are involved in a motorcycle accident and suffer damages, you are legally entitled to compensation by negligent and responsible parties, or their insurance carriers. We invite you to contact our motorcycle accident attorneys for a free personal injury consultation. We will review your motorcycle accident claim, evaluate the facts surrounding your case, and consult with you on your options. Please call our office at (310) 943-1171 and speak to an experienced Los Angeles motorcycle accident attorney.
Rule 23 of the Federal Rules of Civil Procedure: Rule 23 requires the following: (1) the class is so numerous that joiner of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and; (4) the representative parties will fairly and adequately protect the interests of the class. To certify a class under Rule 23(b)(3), questions of law or fact common to the members of the class must predominate over any questions affecting only individual members.”