Our Sacramento injury lawyers work on behalf of people who are harmed by using products that should have been perfectly safe. Although it seems only fair that consumers should be compensated for such injuries, our personal injury attorneys know that product liability is law is complicated. This blog, from Sacramento injury lawyers at Sette Law, will address some important considerations in product liability and related injury.
Attorneys first explain that product liability laws may vary from one state to another but at least four principles are common. Our Sacramento personal injury lawyers look at each item and provide basic detail:
1. First, a plaintiff must show his or her personal injury attorney that real harm was done and losses were suffered. Our Sacramento liability lawyers know of many instances in which a product failed and threatened someone’s safety, but didn’t cause an actual injury. Our attorneys say an event like this would not meet this first requirement. But a product failure such as a broken leg caused by a non-working brakes on a new 10-speed bike, would likely meet this criteria. Medical evidence and costs of care should suffice to show loss and injury that attorneys could prove in court.
2. Our Sacramento product liability lawyers will also have to show the court the product was defective as a second requirement for liability. Attorneys know this can be a demanding requirement. Even in light of a verifiable personal injury, lawyers must determine if a product was defectively manufactured, designed or marketed. Let’s look at each category more closely. Our Sacramento injury lawyers explain that, in the case of defectively manufactured products, an error was made at the factory or somewhere in the manufacturing chain before the product was purchased and subsequently caused the injury. Attorneys must clearly identify the point of error to satisfy this criteria and strengthen the case for liability and personal injury.
3. Lawyers can also consider whether or not a product presented sufficient instructions or warnings to protect consumers. Our Sacramento liability attorneys explain that this is also referred to as potential ‘defective marketing.’ If, for example, a weed killing spray might cause eye injury or blindness but that danger is not addressed, a personal injury lawyer will seek to show there was a failure to provide warning and that failure caused the plaintiff’s injury.
4. An attorney representing an injured client may also determine that a product was defective before the manufacturing process. This would constitute a Design Defect and, according to our Sacramento personal injury lawyers, is often more difficult to prove than the aforementioned cases. Interestingly, this arena may play a role in the recent Takata airbag recalls and actions related to deaths and injury. Our liability lawyers suspect plaintiff’s counsel may look to some design flaw (such as the chemicals used to inflate bags) as a potential source of the defect. Our Sacramento personal injury attorneys follow this national case closely for developments that may influence how we adjudicate future claims of product liability.
Lawyers, however, also have experience with product liability cases that will not pass the test of any of the above criteria. If an individual was using a product in a fashion for which it was not clearly intended and was injured, an attorney may struggle to prove any product defect caused the personal injury. A lawyer, for example, would be skeptical of burns received when a woman using a hair curling iron to curl paper ribbon was burned when the paper caught fire. Our product liability lawyer would immediately know that using a hair curling iron on paper was not an intended use of the manufacturer. Further, a mainstream consumer would not use a hair curling iron on volatile paper and the manufacturer was under no requirement to make the product safe for use on paper.
But, Sacramento personal injury attorneys explain that this concept is contingent upon the specific use of a manufacturer’s product. Clearly, the above use is totally unrelated to the intended use. However, according to our liability lawyers, not all cases are so clear. Say you used a butcher knife meant for meat to cut through a head of cabbage. The blade snaps off and severs a finger. Personal injury lawyers could see this as reasonable use of a sharp knife, even if it was meant for meat and not cabbage, and claim product liability.
Lawyers Give Courtroom Confidence to Injured Plaintiffs
Sacramento personal injury attorneys know that product liability can be complicated for consumers to understand. But in addition, the challenge of standing up to a large company in court is significant for most of our plaintiff’s claiming a product injury. Our lawyers, unlike the average person, have significant experience in the courtroom setting. We have faced many corporate attorneys defending a manufacturer’s liability for personal injury. Attorneys may feel at home in a courtroom while our plaintiffs will likely feel intimidated.
Our Sacramento personal injury lawyers recognize just how daunting the experience can be, no matter how strong our plaintiff’s case for product injury. Our attorneys believe that part of our job is to explain the process, dynamics and details of product liability actions to the people we represent, so that we don’t add emotional stress to their physical injury. Our Sacramento personal injury lawyers find this is particularly true when injured individuals file cases against corporate giants. Naturally, most products are manufactured by big companies and it takes a special determination to face off in court over a defective product injury.
But lawyers know that judicial history shows the power of the individual in a court of law. Sacramento personal injury attorneys are well acquainted with “David vs Goliath” cases in which people prevailed over corporate power. When it comes to defective products – and our injury lawyers again refer to the flood of car recalls over the past 18 month – individuals are protected against irresponsible manufacturing and marketing of products that cause injury. Sacramento attorneys track national legal developments to support local clients in their bid to receive just compensation for injuries suffered due to a defective product.
Accident attorneys at Sette Law begin this blog with a sobering statistic: According to the Substance Abuse and Mental Health Services Administration, the number of people admitting they drove while drunk exceed the population of Texas. Our Sacramento injury lawyers say that number, 29.1 million people, shows the serious, often deadly results of driving under the influence. Because personal injury attorneys deal with the tragic outcomes of a Sacramento DUI accident, our lawyers compiled data from several sources to help educate our community.
Sacramento accident lawyers often represent people injured and, in the most severe cases, families filing a suit for wrongful death. Our attorneys know that losing a loved one because someone chose to drink and drive is an emotionally devastating event that causes unbearable loss. Consequently, our Sacramento wrongful death lawyers want to focus on prevention. First, our accident attorneys offer recent data from Mothers Against Drunk Driving (MADD) and other organizations that track national DUI accidents.
The FBI reported in 2013 that 300,000 people drive while intoxicated per day. That alone is frightening, but Sacramento accident attorneys are even more concerned that just 4,000 of those offenders are arrested. It’s also common knowledge among law enforcement and Sacramento DUI accident attorneys that many (about 33 percent) of those arrested are repeat offenders. And, most of the fatalities caused in DUI accidents, our lawyers say, happen at night. According to a 2011 NHTSA study, 36 percent of crashes happened at night compared to eight percent during the day. Our Sacramento injury lawyers say the agency’s 2014 data indicates that 28 people die each day due to DUI accidents. Attorneys cite NHTSA’s 2013 survey showing that 290,000 people were injured and more than 10,000 died in DUI crashes that year. Our Sacramento accident lawyers say that MADD reports that their organizations across the U.S. help a survivor or victim of a DUI accident every 8.6 minutes.
Our Sacramento accident and injury attorneys believe statistics such as these should be common knowledge, but are not. When studies show that two out of three people will, in their lifetime, experience an accident in which alcohol played a role, Sacramento DUI lawyers say that everyone should be very worried.
Teenagers at High Risk in Sacramento
Accident attorneys encourage parents, schools and local communities to take a serious look at the statistics regarding teenage drinking. A study out of Michigan showed that nearly 50 percent of 10th graders and 30 percent of eighth-graders admit to drinking. Our Sacramento DUI attorneys also referenced another study published by the National Academies Press that concluded teenagers using alcohol played a role in 4,700 deaths a year. Particularly troubling, according to our Sacramento injury lawyers, is binge drinking by teens as highlighted in the study – while one out of six kids admits to binge drinking, only one out of 100 parents thinks their teen may indulge in this dangerous activity.
Sacramento DUI lawyers at Sette Law believe these high numbers indicate there is a serious problem with teen alcohol use in the nation and in Sacramento. Injury attorneys urge parents to be more involved and realistic about the pressures their teen may feel to drink alcohol. Our DUI lawyers know only too well the unspeakable family tragedy of a DUI accident.
Our injury attorneys add that it isn’t just the teenage years that show heightened risk. Young drivers in general seem vulnerable to drinking and driving accidents. Lawyers cite a 2011 survey by the Substance Abuse and Mental Health Services Administration showing that the “rate of drunk driving is highest among 21-25 year olds.” Sacramento accident attorneys point out this study is supported by NHSTA data, showing a 32 percent rate of drunk driving for this approximate age group.
Education May Reduce DUI Accidents
Although our Sacramento DUI lawyers discourage the practice of drinking and driving, we feel it’s good for people to know more about how alcohol effects the body and brain. On average, people can metabolize about one drink per hour without alcohol playing a role in an accident. Our attorneys further explain that it’s not the kind of alcohol imbibed, but rather, how much is taken over a period of time. Sacramento accident and injury attorneys urge people to monitor alcohol consumption and to never risk an accident. Our attorneys add that people should be aware that nothing counteracts the effects of alcohol, other than time – not coffee, strenuous exercise or a cold shower will help to prevent a potentially deadly DUI accident.
Attorneys representing the victims and loved ones of a drunk driving accident know that alcohol dramatically effects the brain and, consequently, the body. Our Sacramento injury lawyers regularly call expert witnesses in DUI cases to attest to impacts such as slowed reaction time, impaired vision, and hazy thinking that lead to a DUI accident. Our attorneys say that alcohol damages neurons in the brain – affecting normal connections that impact judgment and lead to accidents. Attorneys know that alcohol can actually move from circulating in the blood to the brain. The changes caused can turn a normally cautious driver into one who is ripe for a DUI accident. Lawyers further add that teens are at even greater risk of harm because their brains are still developing. Essentially, our Sacramento accident and injury lawyers know from courtroom experience, that no one is immune from the effects of excessive alcohol consumption and the high risk of a vehicle accident.
Lawyers Look for Sobering Solutions
Although MADD has been an effective national leader in the fight against drunk driving, the organization can’t manage the threat alone. Our Sacramento DUI attorneys say that educators, community groups and parents must be part of the solution to prevent DUI accidents. Our lawyers say that drunk driving is a community problem, one that requires attention and participation from all quarters. It’s our hope that, as Sacramento wrongful death and accident attorneys, we can help increase awareness of the significant effects of driving under the influence. And, as parents, our Sacramento injury lawyers believe we must begin early and inside our own homes with education and support so that tomorrow’s teens will face a safer future behind the wheel.
Sacramento medical malpractice attorneys must have command of numerous and complex legal details regarding health care, hospitals and their employees, and the actions of specific physicians. At Sette Law in Sacramento, our malpractice lawyers must draw information from numerous disciplines and venues to establish an injury was caused due to a physician’s, a hospital’s or a hospital employee’s malpractice. Attorneys explain that each of these areas is governed by slightly different nuances and application of existing law regarding medical malpractice.
Injury lawyers, however, point out that in each case, a defendant will be required to prove four fundamental conditions in any malpractice action in Sacramento. Our personal injury attorneys will look first to establish the injured party has a mutually agreed upon, patient-doctor relationship. This is often simple to prove when individuals hire doctors and physicians agree to treat a patient in Sacramento. Malpractice lawyers may find that direct relationship is problematic if a defendant brings charges against, say, a consulting physician who did not have direct treatment responsibilities. Our Sacramento medical malpractice lawyers add that no person can claim such a relationship with a doctor whom they overheard dispensing medical information to another person. Although, personal injury lawyers usually have little trouble affirming the doctor-patient link, this relationship is fundamental (and not always clear) in any claim of malpractice.
Secondly, lawyers will seek to establish that a physician’s diagnosis or treatment regimen was, in fact, negligent. Again, our Sacramento personal injury lawyers say this factor can be more complicated than it appears. A defendant must show that another qualified doctor in the same circumstances would not have harmed the defendant in the same manner. However, our malpractice lawyers are quick to point out that this doesn’t mean the doctor has to be the best in his or her discipline. It’s not a test of physician quality but, rather, of a doctor demonstrating ‘reasonable skill and care.’ Our Sacramento malpractice attorneys say this can often be a ‘moving target’ of proof, with competing opinions about what constitutes a lack reasonable skill and care that leads to an injury.
Malpractice lawyers ordinarily will call in an expert witness to testify about this aspect of a Sacramento malpractice case. An attorney will ask the witness – who is ordinarily a physician in the same specialty as the plaintiff – about what the standard for care is and to comment on how the plaintiff’s care was below standard and how that care caused the alleged injury. Lawyers on both sides may debate these findings. Our Sacramento malpractice lawyers further report that this bar is particularly high for physicians in a medical specialty. Their extensive education and training raises the expectations for the standard of care in disciplines such as radiology, anesthesiology, internal medicine and other medical specialties.
Sacramento malpractice attorneys at Sette Law must also demonstrate a very clear link between the defendant’s alleged negligence and the plaintiff’s injuries – a challenge for plaintiffs who were suffering from an illness or injury prior to the defendant’s care. For example, if a patient has terminal cancer and dies in the midst of an operation, was it the procedure poorly done or the cancer causing the death? Malpractice lawyers must clearly establish that it was the actions of the physician that led to the fatality and not the presence of the disease. One again, the onus is on the Sacramento malpractice lawyer to ferret through medical testimony, literature and case files to establish the necessary link.
Finally, our Sacramento malpractice attorneys must show that the physician’s actions led to tangible harm and caused personal injury. Lawyers look to show physical pain and mental harm, and also consider the harm done because of medical costs and lost earnings. So, even if the plaintiff can demonstrate a doctor showed an unacceptably low standard of care, without real harm done, there is no malpractice.
Injury attorneys deal with a wide variety of malpractice cases. From news reports, the public may be aware of instances in which a sponge was left inside a patient’s body during a surgery, leading to additional harm and personal injury. Our lawyers may represent a client whose physician neglected to inform him or her that a prescription medication could cause cardiac arrest. Our Sacramento malpractice lawyers say that most of their cases involve improper treatment, a failure of a physician to properly diagnose and failing to inform patients of risks involved in procedures or treatments (including medications).
Sacramento personal injury attorneys say that, unlike some court actions, malpractice cases have a rather short statute of limitations. Since rules vary from state to state, the limits can be from six months to two years. Our Sacramento malpractice lawyers report that California requires that injured parties file actions within one year from when the date the injury was (or should have been) discovered to three years from the date it occurred. According to our personal injury attorneys, if an injured party in California files outside these limits the court will dismiss the claim – no matter how strong the evidence of medical malpractice.
Injury lawyers are also bound by California’s limits on damages awarded in cases of medical malpractice. Attorneys say the state has capped non-economic awards at $250,000 and a personal injury attorney cannot request an award beyond that amount. The Medical Injury Compensation Reform Act, (MICRA), passed in 1975, compensates victims for pain and suffering, loss of enjoyment of life, psychological damage and other damages that are hard to quantify in dollars and cents. Sacramento malpractice attorneys say many efforts to raise this cap have hit the ballot box over the decades. They point out that MICRA never addressed inflation and for 40 years the diminishing value of $250,000 has unfairly impacted victims of medical malpractice. But attorneys point out there is no cap on compensation for past and future medical care, on loss of income or a plaintiff’s earning ability because these matters are quantifiable as economic damages in medical malpractice.
Sacramento personal injury lawyers say this arena of law requires particular expertise and urge injured parties to seek experienced, legal representation.
Attorneys at Sette Law are immersed in the complexities and nuances of Sacramento car accidents. Our lawyers know that people outside the legal profession are unaware of many details regarding accident law until they, or someone they love, experiences an accident and a resulting personal injury. Our attorneys say that having basic information about car accident law is useful for any driver in Sacramento.
Accident injury lawyers report that a 2012 CHP report documented 2,995 deaths in car accidents in California and 226,544 persons injured. Sacramento accident attorneys also point out that people involved in accidents not only suffer physical injuries but also can endure significant economic harm. And, personal injury lawyers say innocent victims as well as the driver who bears responsibility can face costly or painful repercussions as the result of a Sacramento accident.
Personal injury attorneys can help accident victims receive fair compensation for a variety of losses such as damage to vehicles, costs of medical treatment, legal representation and loss of income. Sacramento car accident lawyers also represent family members whose loved one has died in a car accident. In such wrongful death cases, lawyers can seek compensation for emotional damage, loss of support, love, companionship and financial support. In Sacramento wrongful death actions, attorneys will have to prove the defendant was negligent and that this negligence caused the accident. Injury lawyers know that the concept of Negligence is not always easy to establish.
This is also true in personal injury actions. Attorneys seek to show that a driver accused of causing the accident didn’t show “reasonable care” and that behavior led to the Sacramento car accident. Lawyers know that the concept of “reasonable care” is vague and often debated. The plaintiff’s injury attorney often faces strong argument from the defendant’s accident lawyer. If the debate ends in stalemate, the matter could end up in a jury trial.
And, that’s not the only challenge faced by the plaintiff in a Sacramento personal injury lawsuit. Attorneys also must show that injuries suffered were directly caused by the car accident. Lawyers for the defendant might argue that an injury was pre-existing, or that it only happened because the plaintiff didn’t seek immediate medical care after the Sacramento accident. Attorneys for the defense pull out all stops to show that injuries were unrelated to the car accident.
Personal injury attorneys who succeed in proving the direct relationship between the accident and injury and prevail in court, can collect damages from the defendant’s insurance carrier. Our Sacramento Personal injury lawyers know that California law requires that drivers have at least minimum liability insurance covering themselves and drivers of their vehicles. Our Sacramento car accident lawyers say this is a $15,000 injury/death policy and $5000 for property damage resulting from a car accident. Attorneys point out that this minimum coverage applies to both California and out-of-state drivers. Interestingly, personal injury lawyers add that the insurance requirement applies to drivers with invalid driver licenses and people with no license at all! Drivers who cannot provide proof of insurance will have their licenses suspended for 12 months if they are involved in a Sacramento car accident.
Attorneys say that insurance companies also have legal responsibilities to drivers they insure. Sacramento personal injury lawyers are aware of these legal requirements, but most consumers do not know that their insurance companies have specific obligations that protect consumers. Sorting through the details of insurance law requires experienced personal injury attorneys who help car accident victims whose insurance carriers may not be fulfilling their legal obligations.
From working on behalf of families who have lost a loved one due to the fault of others, our Sacramento wrongful death attorneys know how difficult and devastating this kind of death can be. For many people the emotional healing process has barely begun before they must move to file a claim with a wrongful death lawyer – in California the statute of limitations is a mere two years. Consequently, our Sacramento wrongful death attorneys must be prepared to handle emotional issues as they build a case based on evidence.
At Sette Law, our wrongful death attorneys specialize in this complicated arena of law to best support our clients in Sacramento. In wrongful death claims our lawyers work to clearly show that intentional or careless acts, negligence or recklessness caused the death of a person.
Traffic accidents, medical malpractice, airplane crashes and automobile accidents are among the most common causes our Sacramento wrongful death attorneys handle. However, there is no limit on the circumstances and sources involved in a wrongful death. Our wrongful death lawyers have levied suits against manufacturers, engineering firms and builders (among others) in Sacramento. Our wrongful death attorneys explain that individuals, organizations, agencies and corporations can be subject to lawsuits in Sacramento.
Wrongful death attorneys must be able to prove that negligence caused the death of a loved one and, further, that the plaintiff stands to suffer emotional hardship and financial adversity as a result of the wrongful death.
Lawyers work to gain compensation for many losses for plaintiffs in Sacramento. Our wrongful death attorneys know that no amount of money will ever compensate for the death of a loved one. This is particularly true when the loss is the result of an egregious wrongful death. Our lawyers have experienced the complicated emotions connected in wrongful death actions – attorneys know that not only grief but also anger is often present, and justified. Given tragic circumstances, the best we can do is lighten the emotional burden by taking away financial concerns, freeing our client to grieve and work toward healing.
Sacramento wrongful death attorneys may win payment for several factors related to a wrongful death such as medical and funeral expenses. But other costs can also be considered in a wrongful death including loss of financial support within a household in Sacramento. Our wrongful death lawyers additionally look for important, and immeasurable, factors – loss of love, moral support and companionship. Among the most important damages our Sacramento wrongful death attorneys fight in court to gain is punitive damages due to negligence of the defendant. This factor is often paramount for our Sacramento wrongful death clients.
Lawyers look for Clear Liability
Our Sacramento wrongful death attorneys have represented clients against a wide variety of defendants. Tragic deaths that happen due to the negligence of others can occur almost anywhere. Among the most common scenarios handled by our Sacramento wrongful death lawyers is the loss of a loved one due to the negligence of a driver in a car crash, or the liability of the driver’s employer. Other incidents involving vehicles include the builders or designers of roads or even public agencies responsible for signage in Sacramento. Wrongful death lawyers handle all-too-frequent cases in which alcohol played a role in Sacramento. Here, wrongful death attorneys may look to individuals who provided alcohol to the victim or to the business owner or home owner where alcohol was served.
Currently, our Sacramento wrongful death attorneys are monitoring developments in cases involving car manufacturers – one of 2012’s biggest, ongoing new stories. By the end of the year up to 17 million cars were recalled due to faulty airbags made by Takata Corporation including many popular makes driven here in Sacramento. Our wrongful death and injury lawyers say a handful of deaths and scores of injuries are already documented. Takata, distributors and potentially car dealers may be held responsible in any related wrongful deaths. Our attorneys, along with the nation, watch with interest as Congress steps in to order a potential nationwide recall of impacted vehicles in Sacramento. Wrongful death attorneys are already handling cases on the East Coast and more relevant cases are likely to emerge over time.
Medical malpractice is yet another source of wrongful death actions. Sacramento wrongful death attorneys consider some basic principle in medical malpractice, wrongful death claims. Attorneys must establish a doctor-patient relationship existed and that the physician’s negligence led to the Sacramento wrongful death. Lawyers must sift through many details of complex laws.
Whatever the source, a Sacramento wrongful death, our lawyers know all too well, is a difficult action for families in mourning. However, in our experience, loved ones frequently engage a Sacramento wrongful death attorney because they seek to prevent others from having the same experience. Particularly when it comes to large entities, such as corporations and mega-business interests who have contributed to a wrongful death, surviving family may feel a responsibility to alert the public about negligence that led to a Sacramento wrongful death.
Lawyers generally represent certain classes of people in a wrongful death lawsuit. Of course, immediate family members, committed partners and dependents can usually file in a wrongful death. Our attorneys also work with people who suffer financial losses such as support or care. These plaintiffs may or may not be related to the individual who suffered a wrongful death.
Within each category of wrongful death, attorneys have numerous factors and conditions to establish. In any Sacramento wrongful death lawsuit, a lawyer has demanding and specific criteria that underlie each case. As with many legal issues, our Sacramento wrongful death attorneys must understand the nuances of each case and the legal precedents to the claim. But in any Sacramento wrongful death lawsuit there is an emotional element that goes beyond the scope of many other court actions. At Sette Law, our Sacramento wrongful death attorneys must move beyond the requirements of law and employ a different set of skills. Wrongful death lawyers must embark upon their work with compassion, understanding and a commitment to our clients in Sacramento. Certainly, we realize there is little else in life worse than a wrongful death – our attorneys are dedicated to supporting surviving loved ones so that they can move forward in their lives.
As Sacramento Personal injury lawyers, we’ve watched as head injuries as the result of high school and college sports have increasingly made headlines. The good news about this development is that finally public awareness about this serious risk to young athletes is rising in Sacramento. Personal injury attorneys once had to battle to get recognition that traumatic brain injury is, in fact, associated with some of the most popular youth and college sports in Sacramento. Head injury lawyers at Sette Law may now refer to many high profile cases of brain injury lawsuits that have brought financial assistance to victims as well as spurred changes in safety on athletic fields.
We now know that traumatic brain injury is the most frequent cause of death in sports-related injuries. Our Sacramento head injury attorneys say that, although this awareness is growing, some sports organizations have been slow to support injured athletes. Protection such as reducing physical contact in practices and regulating when an injured athlete can return to play are yet to be implemented by national organizations, leaving that responsibility to individual colleges including those in Sacramento. Head injury attorneys believe this policy creates an uneven patchwork of regulations. Our Sacramento injury attorneys hope that such reasonable protections will be implemented throughout the country and in Sacramento.
Head Injury Lawyers monitor Multiple Sports
Traumatic brain injury is not limited to football in Sacramento. Our personal injury lawyers also track sports such as soccer, ice hockey, wrestling and more. There is even an increase in brain injuries to cheerleaders! Sacramento head injury lawyers say that cheerleading has changed from shaking pom poms to highly athletic routines that involve gymnastics. Falls related to risky stunts have led to head injuries and concussions that account for approximately 20 percent of cheerleading injuries. At Sette Law, our Sacramento personal injury lawyers are also tracking the growing popularity of soccer for youngsters, adults and professional players in Sacramento. Head injury attorneys say that a McGill University study revealed that over 60 percent of college players showed symptoms of a concussion in a single season.
Head Injury Lawsuit Settlement is Insufficient
Sacramento injury attorneys believe brain injuries will continue to rise across the spectrum of sports so long as national governing organizations fail to step in with clear regulations to protect athletes. A settlement in a brain injury lawsuit recently announced by the NCAA only raises our concern for athletes in Sacramento. Personal injury lawyers applaud some elements of the class-action lawsuit settlement but point out there is no fund for damages suffered by athletes across America or in Sacramento. Instead, a personal injury lawyer must sue on behalf of individuals with serious brain trauma. In addition, colleges throughout the nation retain discretion in returning players to the game after they’ve experienced brain injury. Our Sacramento personal injury attorneys believe that significant changes are necessary to protect athletes from brain injury and, sadly, that change seems slow in coming.
Personal injury attorneys at Sette Law are keeping a close eye on the recent recall of Chevy Cruze vehicles with airbags made by Takata Corp., headquartered in Japan. To date, GM has recalled 33,000 Cruze vehicles made in 2013 – 2014.
The problem is not related to GM’s other massive recalls involving airbags, and our Sacramento injury lawyers point out the result of the defect is also different. According to a personal injury lawsuit filed on behalf of Brandi Owens, a car accident victim in Georgia, the Takata airbags can explode with excessive force causing grave injury to drivers or passengers. Our Sacramento car accident lawyers also point out the drivers-side airbags can “rupture” and expel metal fragments which prevent the bag from inflating. The Georgia woman lost her sight in one eye due to the defective airbag.
At Sette law, our Sacramento car accident lawyers monitor the work of the National Highway Traffic Safety Administration to stay current with the agency’s investigations and findings. In the Georgia case, the NHTSA probe made it clear this Takata defect is different from the massive airbag-related GM recall earlier this year that affected car owners in Sacramento.
Personal injury attorneys are challenged to follow recall actions that now involve numerous car makers from Asia and Europe to the streets of Sacramento. Personal injury attorneys observe that in June, Japanese firms such as Honda and others issued global recalls for nearly 3 million cars based on airbag problems. Our Sacramento car accident lawyers point out that, thus far, 10.5 million cars equipped with Takata airbags have been recalled worldwide. Less publicized is the precautionary recall of BMW 3 Series cars, also equipped with Takata Airbags, according to our Sacramento injury lawyers.
The circumstances of the Owens lawsuit are cause for concern for drivers in Sacramento. Car accident lawyers in our firm pay attention to vehicles with Takata airbags, regardless of the make of the car. According to police reports, Brandi Owens was at an intersection and traveling at a slow rate of speed that should not have triggered an airbag. But, the bag exploded and careened into the back seat of the Chevy Cruze.
At Sette Law, our Sacramento personal injury attorneys look beyond immediate events to the underlying causes and commonly shared circumstances of car accidents, particularly in cases such as the flurry of airbag defects that could harm drivers in Sacramento. Car accident lawyers must not only be able to advocate for victims in court but also possess a breadth of knowledge about similar cases nationwide. Our Sacramento injury lawyers develop this broad expertise so that we can help car accident victims receive fair and just compensation for their injuries.
The team doctor for the San Diego Chargers has been foundnegligent as the result of errors he committed in performing a hip replacement surgery on Kathleen Adams, a 54-year-old woman. As a result of the surgery performed by David Chao, Adams “has constant radiating pain in her foot and ankle, walks with a limp and has to take four types of medication daily just to make the pain tolerable…[t]he pain will be there the rest of her life.”
Medical malpractice or medical negligence occurs when a physician, hospital or other caregivers fails to meet the standard of care in a particular area of medicine. Where that failure causes harm, you may be able to sue for damages.
Chao has been sued 20 times since 1998 by patients on a wide variety of tort counts, including malpractice, personal injury, negligence and fraud.
If you have sustained an injury as the result of another’s negligent conduct, you may be able to recover compensation including lost wages, medical expenses and pain and suffering.
For more information, contact the Law Office of Frederick J. Sette, dedicated to helping those injured by other’s negligence for more than 15 years.
The Central Valley Business Times reports that a consumer fraud investigation of Mercury Insurance, sponsor of Proposition17, by the Department of Insurance has revealed that the insurance company has disregarded California’s consumer protection statute and overcharged consumers for over 15 year.
Under California law, all automobile drivers must carry insurance. Minimum insurance requirement include $15,000 per injury or death per accident and $5,000 for property damage. Where a person has been in a previous accident, premiums may substantially increase.
Drivers in the Central Valley and throughout California who have sought car insurance from Mercury may have been subject to fraudulent activities including the denial of coverage of drivers in certain occupations, failure to consistently apply insurance premiums when they were due, resulting in overcharges, and failure to collect the appropriate information regarding previous accidents to ensure accurate fees were charged.
Ironically, Mercury Insurance is now sponsoring Proposition 17, promising it will lower car insurance premiums by offering a discount to new customers who switch from one insurer to another. Although Proposition 17 allows for “continuous coverage” in switching insurance company it would also allow insurance companies to substantially increase rates for drivers who’s insurance has lapsed for any reason, such as a prolonged absence due to military service, hospitalization from a car accident, or those who can’t simply can’t afford the premiums for a period of time.
Many critics point out that Mercury’s message in support of Proposition 17 is deceptive. Not only did it pay $2.2 million to gather the signatures necessary to have the measure placed on the ballot, but it also seeks to legalize some of the practices Mercury has been fined for – such as canceling policies and denying driver’s favorable rates.
The costs of car insurance are high enough. As a California automobile accident attorney, I’ve seen first hand the importance of maintaining adequate car insurance. Adding additional fees to obtaining insurance will only make it more and more difficult for California and Central Valley drivers to obtain insurance, making the costs to those who suffer serious injuries in car accidents even higher.