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  • DIRECTORY

Injury & Accidents

If you or a family member has suffered from an injury or been in an accident and you believe it is because of wrongful conduct, you may want to talk to a personal injury attorney. 

Contact a Referral Specialist

Glossary of Legal Terms

Get a Referral to a Lawyer

Key Terms and Issues in Personal Injury Law

  • Personal Injury
  • Personal injury covers a wide variety of accidents that result in serious injury or death. Car accidents, bicycle accidents, motorcycle accidents, pedestrian accidents, trucking accidents, worksite accidents, defective products, dog bites and/or dog attacks, and dangerous condition of property can result in serious injury or wrongful death. Below are areas of personal injury

    • Auto and Motorcycle Accidents
    • Wrongful Death
    • Bicycle Accidents
    • Pedestrian Accidents
    • Head & Brain Injury
    • Spinal Cord Injury
    • Product Liability
    • Premise Liability
  • Auto and Motorcycle Accidents
  • Car accidents happen every day. Often, car accidents are the result of negligence or reckless driving. Some causes of car accidents are:

    • Sudden lane changes
    • Unsafe lane change
    • Turning in front of oncoming traffic
    • Speeding
    • Failing to stop at red lights or Stop signs
    • Sudden stops on the highway
    • Failure to yield to other traffic
    • Unsecured loads on trucks
    • Using a cell phone
    • Driver Fatigue
    • Drunk driving
    • Reckless driving
       

    What to do if you are in an auto accident:

    • Stay at the scene until the police have arrived. Never leave the scene until it is appropriate to do so. If you leave the scene of an accident and someone has sustained injuries or been killed, you could face serious criminal charges for being a hit-and-run driver.
    • Check on all passengers and/or drivers. Make sure to check that everyone involved in the accident is okay. Get medical attention immediately for anyone who may need it. It is important not to move an injured person until medical attention has arrived.
    • Call the police if anyone is injured or there is property damage. Get a police report and the names of responding officers.
    • Exchange information with all drivers and passengers involved. Talk to drivers involved in the accident and get their names, addresses, telephone numbers, driver’s license numbers, license plate numbers and insurance information.
    • Talk to witnesses. Ask witnesses what they saw and get their names, addresses and telephone numbers.
    • Take pictures of any damage to your vehicle and of the car accident scene for your lawyer and/or insurance agent.
    • After the accident, inform your insurance company as soon as possible.
    • Keep track of any medical treatment that you have received. This includes doctors, chiropractors, physical therapists and any other medical professionals. Keep a written diary of all expenses and treatments.
    • Get a property damage valuation. Obtain a valuation for damages to your car from your insurance company or get estimates from auto repair shops.
    • Only discuss the incident with your insurance company or San Diego car accident attorneys.
       
  • Wrongful Death
  • A wrongful death is a premature death caused by a wrongful act or neglect of another or by a defective product (such as a car or a tire that fails) that results in the death of a person.

    Wrongful death litigation includes but it not limited to death arising from:

    • General negligence
    • Defective products (such as automobiles and tires)
    • Construction and work site deaths
    • Premises liability / dangerous conditions
    • Vehicular collisions
    • Pedestrian accidents
    • Bicycle accidents
    • Motorcycle accidents
    • Trucking accidents
    • Elder Abuse

    California statutory law determines what persons have the legal right (“standing” is the legal term) to file a wrongful death lawsuit. Usually, surviving spouses, domestic partners, surviving children, and children of pre-deceased children; and, if dependent on the decedent, step-children, parents, or putative spouses; and minors who at the time of the decedents death resided for the previous 180 days in the decedents household and were dependent for one half or more of the minors support

  • Bicycle Accidents
  • Unfortunately, bicycle accidents are a common occurrence. Injuries suffered in a bicycle accident can be serious and catastrophic. The “rules of the road” apply to bicyclist’s the same as they apply to automobiles.

    Among the causes of bicycle accidents are:

    • Bicycles and bicyclists are difficult to see (primarily at night)
    • A distracted driver may not see a bicyclist in time
    • A distracted driver may also fail to stop or yield at appropriate times
    • A drunk driver is often the cause
    • A reckless driver
    • A speeding driver
    • An unsafe lane change
    • An automobile invades a bike lane, striking a bicyclist
  • Pedestrian Accidents
  • Unfortunately, automobile’s striking pedestrian’s often result in a wrongful death, catastrophic injury, serious and permanent lifetime injuries, lifetime wage loss and wage impairment, and often times a lifetime need for medical care and rehabilitation.

    Some of the leading causes of automobile versus pedestrian accidents are:

    • Inattentive drivers
    • Distracted drivers
    • Drivers who are speeding
    • Drivers preoccupied with cell phones
    • Drunk drivers
    • Reckless drivers
    • Drivers who fail to stop at red lights or Stop signs
    • Drivers who fail to yield to pedestrians
    • Vision reduction or vision obstruction, especially at night
  • Head and Brain Injuries
  • Numerous types of trauma or accidents result in head and/or brain injury. The brain is our most vital and most mysterious organ. It is our personal computer where everything is stored, memorized, and called upon. All of our everyday functions are controlled and operated by our brain. When asked to function, we expect our brain to operate in a normal fashion and guide us through life. We take our normal brain function for granted because it is always there, continuously performing for us at all times day or night, and ready to perform for us when we call upon it for a special task

    Unfortunately, numerous types of trauma or accidents result in head or brain injury, whether it is traumatic brain injury (TBI) or mild brain injury. A fall, an auto accident, a sports injury, a playground accident, a bicycle or motorcycle accident, and other types of accidents can result in concussions, contusions, and brain injury. Our motor functions and our executive functions can be adversely affected.

    Medical specialist such as neurologists, neurosurgeons, neuropsychologist, psychoanalysts, and vocational and physical rehabilitation specialists may be needed. Special procedures such as a PET Scan (positron emission technology), MRI, EEG (encephalogram), and CT Scans may be needed. Neuropsychological testing may also be called for in order to test for deficits.

    A brain injury brings with it a lifetime of care, personal adjustment, family adjustments, rehabilitation, work place and professional adjustments, home adjustments, and extraordinary medical expense. In addition, future earnings are dramatically affected resulting in a dramatic impact on the victim’s lifetime financial condition. A life care plan may be a necessary part of dealing with a serious brain injury. The life care plan is created by a specialized team of professionals.

  • Spinal Cord Injury
  • Spinal cord injuries are the most tragic of all injuries. Whether the injury is a complete or incomplete spinal cord injury, whether it is paraplegia or quadriplegia, a spinal cord injury brings with it a lifetime of care, personal adjustment, family adjustments, rehabilitation, work place and professional adjustments, home adjustments, and extraordinary medical expense. In addition, future earnings are dramatically affected resulting in a dramatic impact on the victim’s lifetime financial condition.

    A life care plan is a necessary part of dealing with a spinal cord injury. The life care plan is created by a specialized team of professionals including but not limited to a physiatrist, urologist, neurologist, an orthopedist, and a registered nurse with special training in the area of spinal cord injury and catastrophic injury. A mental health professional should also be part of the team.

    Spinal cord injuries are life changing for the victim and for the victim’s family. The entire family structure is altered by a spinal cord injury.

  • Product Liability
  • What is product liability?

    Product liability is when a person uses a product in a reasonable manner and that product causes injury. The manufacturer, wholesaler or seller may be liable for negligence, breach of warranty, and they must compensate the injured party for any damage or harm that was caused by that product. Binding product liability laws make the business responsible for the safety of their products.

    Types of Product Defects:

    • Design Defects - Present in a product from the beginning, even before it is manufactured, in that something in the design of the product is inherently unsafe.
    • Manufacturing Defects - Those that occur in the course of a product's manufacture or assembly.
    • Marketing Defects - Flaws in the way a product is marketed, such as improper labeling, insufficient instructions, or inadequate safety warnings.
  • Premise Liability
  • Premise liability if you have been injured from slipping, tripping or falling because of a dangerous, unsafe or defective condition on someone’s property.

    Types of Premises Liability Cases

    Premise liability if you have been injured from slipping, tripping or falling because of a dangerous, unsafe or defective condition on someone’s property.

    You may want to talk to a lawyer to get answers to the following questions:

    • slip and fall cases
    • snow and ice accidents
    • inadequate maintenance of the premises
    • defective conditions on the premises
    • inadequate building security leading to injury or assault
    • elevator and escalator accidents
    • dog bites
    • swimming pool accidents
    • amusement park accidents
    • fires
    • water leaks or flooding, and
    • Toxic fumes or chemicals.
      • What are my rights?
      • What if I am unable to work?
      • How will I be compensated?
      • How much do I have to pay to hire a personal injury lawyer?
    • Dog Bites
    • Dog owners have a legal responsibility to prevent their pets from injuring people or damaging property. So when a dog hurts someone, the owner will usually have to reimburse the victim for medical expenses, time lost from work, and pain and suffering. The dog owner's liability insurance (usually a homeowners’ or renters’ policy) may cover the cost, even if the injury happens off the owner's property

      You may want to talk to a lawyer to get answers to the following questions:

      • What steps should I take if I am bitten by a dog?
      • Who will pay for my medical bills?
      • Can a dog owner’s be liable for injuries?
      • What do I do if the dog owner is being uncooperative?
      • What if the owner continues to let the dog loose or shows carelessness in restraining the dog?

Disclaimer: The information on this page is to aid your general understanding of general law issues and terms. This information does not constitute legal advice and should not be depended upon for that purpose. Laws are constantly changing and may at any time render the information found here invalid, so you will want to do further research on your own. For legal advice, consult an attorney. If you need a referral to an attorney, contact the SDCBA’s Lawyer Referral and Information Service at www.sdcba.org/ineedalawyer.

Updated 3/27/2018

Resources

  • San Diego Law Library
  • City of San Diego Public Liability
  • Issues with your attorney's bill?

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