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Personal Injury Law Library

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The statements on this website are not legal advice and are provided solely for informational purposes! These statements provide only a very general outline of the law. If you have any kind of legal concern, please contact an attorney.

What To Do After A Car Wreck

Stop
You are required by law to stop at, or as near as possible to, the scene of an accident that involves injury to person or property.

Remain Calm
If you are seriously injured, stay where you are. Do not show anger. Most importantly, DO NOT ADMIT FAULT AND DO NOT DISCUSS YOUR INJURIES WITH ANYONE BUT YOUR DOCTOR OR YOUR ATTORNEY!

Call the Police
By law, if you are involved in an accident involving injury to property and/or person, you must contact law enforcement. An accident report may also be useful when trying to prove fault.

Call a family member or friend
Having someone you can trust come to the scene of the accident is invaluable. Call someone who can observe the scene of the accident and do things, such as take pictures, that you may not think of at the time.

Get detailed information
Obtain the make, model, and year of the car involved. In addition, get the other car’s license plate number, the other driver’s driver license number and insurance information. If possible, get the names and contact information of any witnesses. If you are too injured to do this, have a family member or friend do this for you.

Don’t discuss any details but with…
Unless you are a doctor, you do not know the extent of your injuries. Many injuries may not manifest any symptoms for days, or even weeks, after the accident. Do not discuss your injuries with anyone except your doctor and your attorney. DO NOT ADMIT FAULT! Most importantly, DO NOT DISCUSS ANY OF THE DETAILS WITH THE INSURANCE COMPANY, INCLUDING YOUR OWN! Contact an attorney and refer the insurance company to him or her!

Get photos
Take out your phone and take pictures of the scene of the accident, including skid marks and damage to vehicles (as well as any other evidence that you think might be useful). If you are too injured to do this, call a family member or friend and have them do it for you.

Get medical attention
Again, unless you are a doctor, you will not know the extent of your injuries. If you are not taken to the emergency room by ambulance, go to an urgent care clinic and get evaluated. Report any symptoms to the doctor, no matter how minor! If you do not get evaluated, this can be used against you and this will make it easier for insurance companies to minimize your settlement!

Report collision to all insurance companies
There is no guarantee that the other driver will do this. However, only report the accident. DO NOT DISCUSS THE DETAILS, INCLUDING DAMAGE TO YOUR VEHICLE AND INJURIES, WITH ANY INSURANCE COMPANY, INCLUDING YOUR OWN! REFER ANY QUESTIONS THAT THEY MAY HAVE TO YOUR ATTORNEY!

Common Mistakes Civil Cases (Auto)

Medical Treatment
After an accident, injuries may not be immediately apparent. This is particularly true when a person does not observe immense amounts of damage to the automobiles. When this occurs, people have a tendency to “play through the pain” so to speak and not seek medical assistance. This is a mistake that can cost you down the road. If a person does not seek the assistance of a health care provider as soon as possible after the incident, such lack of action can be seen as indicative of injuries not be “too serious”. In essence, a person can make him or her self look like a greedy person looking for a payday rather than an accident victim. If you have been injured by another’s negligence, please seek medical assistance as soon as possible.

Law Enforcement
After checking to make sure everyone involved in the accident is ok, someone needs to inform law enforcement of the incident in question. A police officer will come to the scene and make an accident report. Without such a report, there is no record of the accident and you may be left with no proof of the incident in question, or that anybody but yourself is at fault for your injuries. If you are in an accident, be sure to inform law enforcement.

Lack of Disclosure
Telling your attorney every piece of relevant information can only help you. Your attorney can determine what to do with this information and present it in a light most favorable to you. If prior injuries and accidents come up at a later time, such as in a court hearing, this information can be very detrimental to your case as well as any credibility and sway that you and your attorney may hold with the insurance company or jury. Being open also applies to information you must give to your doctor. Credibility is an absolute necessity and any good injury lawyer is ethical, so he or she will not give false information (intentionally) under any circumstances. This is why you must be open and honest with your attorney!

Exaggeration
We have all heard the Golden Rule. The old (and perhaps cliché) adage of “do unto others . . .” can go a long way in getting proper compensation in your injury case. If you are pretending that your injuries are more serious than they really are, you are going to make yourself and your attorney look bad (i.e. you put on the appearance that you are trying to “take people for a ride” so to speak). If you are honest and forthcoming with your attorney, the insurance company, and the jury, you will get taken care of. So, following the Golden Rule goes a long way when a person is injured in an accident.

Playing through the pain
It is often the case that people will “play through the pain”, so to speak, and return to work in order to pay the bills. This is a serious mistake in an injury case. If you are working, it will be inherently difficult to get compensation for lost wages. So, if the doctor tells you to stay home, stay home.

Faulty Records
While your attorney will do his or her best to collect medical bills and records for you, it is important that you keep your own copies of bills/receipts to send to your attorney as well. It is very important that you keep track of other expenses as well, such as mileage and prescriptions, in order to ensure that nothing falls through the cracks. Your attorney can only work with the facts that he or she is given, and anything you can do to assist in the endeavor of obtaining compensation will help immensely.

Types Of Accidents

Intersectional collisions
Accidents that take place in intersections take place in roughly half of all auto accidents. In most cases, the front bumper of one vehicle will strike another vehicle in the front quarter panel, front or rear doors (or both), or the rear quarter panel. The side of the car is the least protected and most vulnerable part of the car and serious injuries can result from this type of accident.The law in most states mandates that when one comes to a stop light/sign, he or she must come to a complete stop. But, this is only half of the story. We also learned in driver’s end that one must wait until it is safe to proceed to move from that stationary position. When a person stops and then pulls into oncoming traffic before it is safe to do so is a breach of that driver’s duty to drive safely and constitutes negligence. A negligent driver will usually be found liable for any injuries that result from their unsafe behavior. This principle also applies to making left hand turns. Anyone making a left turn typically must yield the right of way and failure to do so will also constitute negligence.Another problem may arise with these types of collisions when there is a traffic light involved and both parties claim that he or she had the green light. In this circumstance, an experienced attorney and investigator will be necessary. Call 1Law and talk to one of our experienced accident attorneys if you have been involved in an intersectional accident.

Rear end collisions
Rear end collisions are the most common type of car accidents and, unfortunately, most are the result of the inattentiveness of the other driver. With the rapid development of technology that can cause distractions being placed in automobiles, these accidents can be expected to increase. In the case of a rear end collision, the front bumper of one car comes in contact with the rear bumper of another car. A quality rear bumper system is an important safety feature and should be able to absorb the shock of a low impact collision; however, a low quality rear bumper will transfer the energy of one car to the occupants of the non offending vehicle. While there may be little or no damage, it is important to remember the necessity of seeking medical attention. Only discuss the details of the accident with your physician or your attorney. Call 1LAW and talk to one of our experienced personal injury attorneys if you have been involved in a rear end collision.

Pedestrian accidents
Thousands of pedestrians are injured or killed in encounters with automobiles each year. Pedestrians can be injured in a variety of situations which include a child chasing a ball into the street, or a couple enjoying a walk on the side of the highway. While it is true that a pedestrian may have to yield to oncoming traffic when attempting to cross outside of an intersection or a crosswalk, a driver must always remain vigilant for potential dangers involving pedestrians. If you or a loved one has been injured by someone’s negligence in this circumstance, call 1LAW and talk to one of our experienced personal injury attorneys!Pedestrians are injured in a variety of situations. Children playing in urban areas creates a duty for motorists to exercise reasonable care. The driver of a vehicle may bear a greater portion of responsibility for an accident because the consequences of driver fault present a greater potential for causing greater havoc.The pedestrian automobile accidents are very difficult to evaluate without the help of an experienced lawyer.

Sideswipe collisions
Another common type of auto accident is the sideswipe. This occurs when one attempts to switch from one lane to another that is already occupied and hitting the side of another car. A presumption of negligence may result for the offending driver due to the fact that any driver is required to make sure that he or she can make a lane change safely. An insurance company may try to argue that damages should be minimal because both vehicles were going roughly the same speed, which justifies a minimal, or even no settlement. However, the insurance company will not acknowledge that people involved in auto accidents are jolted, and tossed back and forth and up and down. These sudden movements can cause severe injuries to the human body, including injuries to the head and spine! If you are involved in a sideswipe collision, seek medical help immediately. Even if your x-rays at the emergency room show normal results, additional tests can show damage elsewhere. Then contact 1LAW to speak with an experienced personal injury attorney that will work to get you a fair settlement!

Distracted driver
If a driver takes his or her eyes off the road, he or she increases the risks of injury, or even death, to him or herself, and others. With the rapid increase of technology, this type of auto accident has grasped the attention of the Nation.

Drunk driver
Millions of people navigate the roads of the United States by automobile each day. Sadly, thousands also die in fatal accidents each day. Many of these fatalities can be avoided by avoiding alcohol while driving. In all 50 states, it is illegal to operate a motor vehicle with a blood alcohol content of .08 or greater.The knowledgeable, experienced attorneys at 1LAW know how to investigate and bring your case to a fair settlement.If you or a loved one has been harmed by a drunk driver, please make a call to 1LAW today!

Defective road
There are situations where driver error is not the only cause of an accident. At times, a defective highway or street may cause motor vehicle accidents. In cases such as these, the entity charged with street maintenance may be held liable for a car accident that occurs as a result of a defect in roadways. Confusing or inadequate signs can also cause these types of accidents. Shoulders of roads must not pose unreasonable risks to pedestrians or motorists. A duty to warn arises when there is construction. Accidents caused by defective traffic lights or other traffic devices that are not visible can also give rise to a cause of action when an accident occurs. Roadway standards are constantly changing and there is no requirement that roads must be maintained in perfect condition. Because of this, an experienced injury attorney is essential in order to be sure which standard applies to your case as well as to make sure that you get a fair settlement.If you feel you have been injured on a defective road, please call 1LAW and speak with one of our injury attorneys!

Fatal Accidents

Unfortunately, not everybody walks away from a car accident. Thousands of people die on American roads every year. It is our goal at 1LAW to help ensure that our roads are kept safe by providing the best representation to our clients. At 1LAW we have a wrongful death attorney that will help you through these tuff times.

Left Turning Vehicles

Among the most dangerous maneuvers on the road is the left hand turn. This is so because it involves a vehicle entering a lane of oncoming traffic. We all learned in driver’s ed that it is mandated that anybody making a left turn yield to oncoming traffic. The law in most states requires that a motorist signal at least one hundred feet before reaching the spot of the turn, however, signaling a turn is only half the story. Any motorist turning left must also make sure that it is safe to make the turn in order to not put the drivers in the oncoming lane in harm’s way. When an accident occurs in which one of the drivers was turning left, there is usually a presumption of negligence on the driver turning left. In other words, the left turning driver must prove that it was reasonably safe to make the turn. If the offending driver cannot prove that he or she made a safe maneuver while executing his or her left hand turn, the offending driver will be found negligent, hence liable for damages.Please call 1LAW and speak with one of our accident attorneys for a free evaluation.

Motorcycle Accidents

It’s a fact that motorcycles are not as safe as cars. In a car, you are enclosed with safety measures built into the automobile. A motorcycle is the opposite, making accidents more catastrophic.

If you ride a motorcycle and have been in an accident, you need to know your rights to protect yourself. Motorists often act negligently, causing accidents that could have been avoided. This doesn’t free you to ride like a maniac, because any negligent behaviors or harmful actions on your part will either limit your right to a settlement or make you liable for an accident.

For there to be a settlement, there needs to be something to recover. If you’ve been in an accident, be sure to get everyone’s insurance and personal information, take pictures, exchange contacts with witness’ and see a doctor if you’ve been hurt. You will not have a case without documentation of injury.

Unfortunately, accidents happen and you need to protect yourself. Our personal injury lawyers in Las Vegas, Salt Lake City, and other cities are ready to help you recover what is rightfully yours.

1LAW is an affordable, transparent law firm in a time when it’s difficult to differentiate between different firms’ abilities, strengths and weaknesses. We are committed as the voice of our clients when faced with difficult life situations, and provide a tailored fit approach to each individual or entity. The need for a lawyer is often disconcerting, but 1LAW strives to efficiently and affordably provide the best legal support possible.

A motorcycle accident can be devastating. Thousands of motorcycle riders are injured or killed riding motorcycles every year. While the open air feel of a motorcycle may provide a sense of freedom and exhilaration, the lack of protection can result in serious injuries for motorcycle riders, even in what may seem like a minor motorcycle accident. One major risk that motorcycle riders face is bad weather.

A Motorcycle Accident Caused By Poor Road Conditions

While bad weather is seen as an act of god, public entities are charged with keeping roads safe, which includes filling potholes and ensuring that loose gravel does not cause safety issues for motorists. Potholes and loose gravel can pose significant risks to motorcycle riders. If you have been injured in a motorcycle accident that may have been caused by a failure to maintain a public roadway, contact the personal injury attorneys at 1LAW to discuss the circumstances of your motorcycle accident.

A Motorcycle Accident Caused By A Negligent Driver

In recent years, the rising cost of gasoline has made many people rethink their primary means of transportation. Thousands of new motorcycle riders have hit the streets. The increase in the number of motorcycle riders resulted in a sharp increase in the number of motorcycle accidents that occur on a daily basis. An accident can happen in the blink of an eye. Automobile drivers often do not exercise the degree of care and caution that a reasonable and prudent automobile driver should exercise. Drivers become distracted for many reasons including using their mobile phones or texting while driving. Some drivers do not check their blind spots when turning or changing lanes. These avoidable circumstances frequently lead to horrific motorcycle accidents.

A Motorcycle Accident Can Be Devastating

It is very important to remember that enclosed vehicles can absorb shock that motorcycles cannot. When a car or truck crashes into a motorcycle the rider absorbs the impact. A motorcycle accident can throw a rider from their bike and the injuries that result are disastrous. Brain injuries, spinal injuries, broken bones, fractures, and death are common personal injuries suffered in motorcycle accidents. If you have been injured in a motorcycle accident you need an aggressive and experienced personal injury attorney that will work hard to get you the money you deserve.

The Motorcycle Accident Attorneys at 1LAW

If you have been in a motorcycle accident, seek immediate medical attention, even if you do not feel injured. Next, consult with one of the experienced motorcycle accident attorneys at 1LAW. Our personal injury attorneys understand how devastating a motorcycle accident can be physically, emotionally, and financially. The personal injury attorneys at 1LAW will work hard to ensure that you receive a fair settlement for your injuries.

If you or a loved one have been involved in a motorcycle accident, contact the knowledgeable and dedicated motorcycle accident attorneys at 1LAW at 1-800-CALL-1LAW.

Right Of Way Generally

Any driver on a favored street may assume the he or she has the right of way, which means that any driver approaching an intersection from non favored street must yield. This assumption holds until the driver on the favored street sees, or should have seen, that the other driver has not yielded. If a driver from a non-favored street attempts to enter a favored street when it is evident that he or she had a reasonable opportunity to do so without endangering others, or impeding the flow of traffic, preemption excludes such a driver from liability. When one is attempting to enter a roadway from a private driveway, there is an unusual and extremely high burden of care required of that driver. Anyone attempting to enter a roadway from a private driveway is required to yield the right of way to any approaching vehicles that are close enough to cause an immediate hazard. Another good example is someone who is trying to enter the highway from the shoulder. The same standard of care that applies to one who is attempting to enter traffic from a driveway applies to a driver who is attempting to enter the highway from the shoulder. One who attempts to enter the highway from the shoulder must be extremely vigilant and make sure that such a maneuver can be made safely, meaning that a reasonable and prudent person must have been able to execute the maneuver safely. When passing another vehicle on the highway, the passing driver must also be extremely vigilant in order to ensure that the maneuver can be made safely. This includes that all circumstances of the situation, including oncoming traffic, actions of the driver in front, and weather, allow for the maneuver to be undertaken safely.If you have been injured by someone who has not yielded the right of way, please call 1LAW for a free consultation.

Semi Truck Accident

Semi truck accidents are a common occurrence. Many times accidents result in minor damage to the vehicles involved. Other semi truck accidents are more serious, resulting in major property damage, critical injuries, and even death. It is important that you know what to do if you are a party to a semi truck accident.

Stop at or as close to the scene of the accident as possible. Make sure you are in a safe location.
Remain calm. If you are injured, do not move. This could cause further injury. Do not admit fault to anyone.
Call the police. If you are involved in a semi truck accident that results in personal injury or significant property damage, you are required to report the incident to the police and Department of Motor Vehicles.
Call someone you know and trust to the scene. Having someone there to document the scene is invaluable.
Get important information from other involved drivers. Write down or take pictures of driver’s licenses, license plate numbers, insurance information. Also get contact information from any witnesses.
Take pictures or video of the accident scene. Take photos of the scene including landmarks, skidmarks, property damage, and all vehicles involved.
Seek Medical Attention. You may not think that you are injured, however, injuries from semi truck accidents can take days or weeks to develop physical symptoms. Failure to timely seek medical trucke can have a negative impact on any monetary recovery that you may seek.
Promptly report the semi truck accident to all insurance companies. Do not discuss the details of the accident or injuries with insurance companies. They will likely try to use the statements against you.
Contact a semi truck accident attorney. It is vital that you swiftly seek the advice and counsel of a knowledgeable and experienced semi truck accident attorney who will help you handle the insurance company and other parties.

The Truck Accident Attorneys at 1LAW

Consulting with a semi truck accident attorney after a semi truck accident has many benefits. Your consultation will not cost you anything. You will be given a professional legal opinion about the viability of your claim and what damages you may be entitled to recover. You will also be able to ask questions and be given answers that you can rely on. The semi truck accident attorneys at 1LAW have assisted numerous individuals in the same position as you. We have your best interests in mind as go to work recovering that which you are entitled to. Call us today for a no cost consultation.

If you have been involved in a semi truck accident or someone you love has been killed in a semi truck accident, contact the knowledgeable and dedicated semi truck accident attorneys at 1LAW at 1-800-CALL-1LAW (800 225-5152).

Civil Injury

When dealing with civil injuries, most causes of action will fall under the law of tort. No, a tort is not a European pastry. A tort can be defined, in a nutshell, as any wrong committed on a person that does not fall under the criminal code and is compensable by monetary damages, although, principles of tort and criminal law do intersect at times. For example, both assault and battery are compensable with money damages, and both can be found in any state’s criminal code. The following is a crash course, not an exhaustive list, of the general law of torts.

Prima Facie

Prima facie means, literally, “on its face”. In other words, in order to be able to recover, certain elements must be met.
In order be able to recover money damages, the defendant’s actions must consist of three things:

Act – any volitional movement.
Intent – this can be either specific (acting with intent to cause a harmful result) or general (not specifically intending to cause harm, but knowing with substantial certainty that his or her actions will cause harm).
Causation – the result must have been set in motion by the defendant.

Definition
- Battery
- – This is what is called an intentional tort. Any compensation for battery must be based on:
  1. Harmful or offensive contact (such as a punch in the face).
  2. To the victim’s person.
  3. General or specific intent to cause harm.
- Assault
  – This is an intentional tort. Any recovery based on assault must be based on the following:
  1. An act by the perpetrator that creates reasonable apprehension of harm by the victim (someone coming at you with a baseball bat).
  2. Intent (the perpetrator must be coming after you specifically)
  3. Causation.
- False Imprisonment
  – This is an intentional tort. Any recovery based on false imprisonment must be based on the following:
  1. Act or omission on the part of the perpetrator that confines or restrains another (locking the door).
  2. To a bounded area (such as a shed, or even a grocery store).
  3. Intent
  4. Causation
- Intentional Emotional Distress
  – This is an intentional tort. Any recovery based on intentional infliction of emotional distress must include the following:
  1. Extreme or outrageous conduct by the perpetrator (kicking a puppy)
  2. Intent or recklessness
  3. Causation
  4. Damages (emotional damage must be severe)
- Negligence
  – Negligence is not considered one of the intentional torts; rather, it can be equated to an umbrella (i.e. it covers just about any injury). Perhaps the easiest example is a car accident in which a motorist is turning left on a green light with no arrow and plows into an oncoming vehicle that has the right of way. The left turning motorist will have to pay damages due to his or her negligence. In order to recover for negligence, the following elements must be present:
  1. A duty to conform to a specific standard of conduct (i.e. to drive safely and wait until it is safe to turn).
  2. A breach of that duty (i.e. car turning left plows into an oncoming motorist when the oncoming motorist has the right of way)
  3. The breach by the perpetrator must be the actual and proximate cause of the injury.
  4. Damages (i.e. your car is wrecked, and you have mounting doctor/hospital bills).
- Nuisance
  – Nuisance is conduct by another that causes a substantial interference of another’s use and enjoyment of his or her property. A nuisance can be private, which would consist of interference with the use or enjoyment of one person’s property (or a small number of people). This would consist of neighbors that have 10 dogs that howl at 4 am every morning (this is just one example). A nuisance can also be public, which is an act that interferes with the health, safety, or property rights of a community (such as having a crack house in a residential area).

Property Liability

This area of the law covers any issues that arise with the renting of commercial or residential property and consists of elements of both common law and state statutory law. Federal law does come into play on occasion, such as disputes involving housing discrimination

Quiet Enjoyment

This is possibly the most well known aspect of landlord/tenant law. Any kind of lease or rental agreement comes with a warranty of quiet enjoyment, whether it is written or not. What this means is that the landlord will allow the tenant to take possession of the premises and that he or she will not interfere with private possessions of the tenant or the tenant’s use of the property.

Warranty of Liability

The Warranty of Habitability applies under both common law and state statutory law. What it means, in a nutshell, is that any landlord has a duty to make any quarters that he or she is renting, commercial or residential, livable. To make a property livable means to provide things such as working locks, windows that close, hot water, working electricity, in essence, to make the premises in clean working order. This also means that the landlord must paint regularly and make sure there is no mold on the walls. This list is not exhaustive, but provides a very short and general outline to a landlord’s duty to keep any premises that he or she rents livable.

Duty To Safe Environment

Part of making property livable is providing a safe environment. For example, a property owner has a duty to keep property that he or she is renting to tenants reasonably safe from criminal elements. There is a significant amount of case law that holds property owners liable for criminal actions on tenants. This duty also applies to business owners.While a property owner is generally not required to hire his or her own private police force (although this is not unheard of in dangerous areas), he or she is required to keep visitors reasonably safe from crime (such as providing security cameras and calling the police when there are suspicious characters loitering around). For example, a property owner has a duty to remove suspicious looking characters from the property (such as a person in a hotel that does not appear to be a guest) in order to prevent possible harm to visitors. In at least one case, a property owner was found liable for damages involving a rape (the property owner did not provide adequate security in order to prevent the attack). This principal applies to other forms of harm, such as battery, that can occur as a result of the property owner’s lack of precaution.

Slip and Fall Accidents

Injuries Involving Law Enforcement

If one is looking for heroes, one needs to look no further then the law enforcement personnel in our cities, towns, and counties. Law enforcement officers put their lives on the line every day/hour in their efforts to keep our communities safe. Crime does not take a day off and neither do our brave law enforcement officers. However, if one has watched the news in the last twenty years, it is plain to see, from racial profiling to physical beatings, that law enforcement officers do indeed have character flaws. For example, there are times, such as when a life is on the line, that it is necessary for law enforcement officers to use force. However, as can be seen plainly, there are times when such force is taken too far. That is when a private citizen may seek recourse from a law enforcement entity.Commonly, it is police commissions or district attorney’s offices that investigate these instances. One who does not have a legal background should not attempt to bring a complaint against any law enforcement entity. If you have been injured in any way by law enforcement, please allow the attorneys at 1LAW to help you get the compensation you deserve. Please call for a free consultation.

Injuries Caused By Government Entities

Claims against cities, towns, and counties fall under this category. As the human population increases, so have dangerous situations and ignored safety precautions. Hence, claims against municipalities have become more and more common. Various government agencies take care of things such as roads, parks, and schools that our children and we use on a daily basis.Any kind of breakdown in these facilities can cause serious injury that may entitle you, your child, or your loved one to the recovery of damages. Any of the following injuries, among others, can give rise to a claim against a municipality: faulty maintenance, faulty design of roads, poorly maintained sidewalks, dangerous public parks, poor operation of city vehicles, and police brutality.If you or a loved one has been injured as a result of the negligence of any municipality, the attorneys at 1LAW are here to help. Please call for a free consultation.

Wrongful Death

The loss of a loved one is one of the most difficult experiences that every member of the human species will have to face. What makes the grieving process much more difficult to wade through is if the death of a loved one is caused by another’s negligence. If your loved one has met his or her demise at the hands of another, whether purposefully or accidently, you may have a claim for wrongful death.Essentially, wrongful death occurs when someone dies through the negligence or purposeful actions of another. The causes of wrongful death vary a great deal, however, some of the most common causes of wrongful death include: medical malpractice, auto accidents, and a person purposefully killing another person.While every state allows wrongful death claims, the formulas for damages that one may recover do vary. Among the factors that courts consider when dealing with a wrongful death claim include: loss of companionship, earning capacity, financial dependence of surviving heirs, and medical and funeral expenses.If you are dealing with the death of a loved one due to the negligence or purposeful actions of another, please call 1LAW for a free consultation. Let us to the hard work while you wade through the grieving process.

Nursing Home Abuse

If one has cared for an elderly relative, he or she may have had to come to the painful decision that he or she could not provide the care that his or her relative requires. When that happens, that person must come to the painful conclusion that nursing home care is required. While one may hope and pray the a nursing home will give his or her relative the same level of care that he or she would provide, sadly, with increasing frequency, this is not the case. Nursing home abuse takes place in every community.On the news, we may hear about extreme examples of nursing home abuse, such as patients being forced to perform sexual acts, however, there are less extreme examples of nursing home abuse that take place daily. Nursing homes have an affirmative duty to maintain suitable facilities for patients, and this includes avoiding negligence in hiring, maintaining a staff that will fulfill the needs to patients, and avoiding staff conflicts with patients. In other words, a nursing home facility has a duty to ensure that their patients have ready access to the best care and are free from harm that can be inflicted by the staff.Nursing home abuse can take the form of physical abuse, emotional abuse, and verbal abuse. Common types of nursing home abuse that is known to take place include the following (this list is not exhaustive): neglect, physical abuse, emotional abuse, and theft (identity theft, misuse of checks/credit cards etc.). Common symptoms of abuse include the following: cuts and bruises, soiled clothing, broken bones, improperly administered medication, and dehydration.If you feel that your loved one is a victim of nursing home abuse, please call 1LAW for a free consultation.

Animal Attacks

Dogs are among the most beloved creatures in the United States. However, there are few more traumatic experiences than a dog attack. From pit bulls to poodles, dog attacks can cause significant damage, both emotionally and financially. It is the responsibility to the owner to care for and maintain the animal in such a manner at to prevent such attacks. The remedies available for damages caused by dog attacks vary by state. In that State of Utah for example, the rule is that there is no free bite. In essence, in the State of Utah, a dog owner cannot claim that he or she owned a completely friendly dog that had never bitten anyone; the owner will be liable for any damages caused by their dog regardless of the animal’s prior history. However, another thing that needs to be considered is that damages can be divided by fault. For example, if a child was teasing the dog, a court (or the parties to the case) can determine what percentage of fault the child is responsible for.This type of liability also applies to other types of pets. Any wild animal that has not been bred as a domestic pet can be dangerous. Snakes are a good example of a dangerous pet that is known to attack without provocation. Also, while highly unusual, people have also been known to keep other exotic animals, such as monkeys and tigers as pets (attacks that have caused damage and death by both of these animals have appeared in the news recently). These types of wild animals pose not only a significant danger to the owners themselves, but also to their neighbors. An attack by a wild animal can cause a significant amount of damage, both physically and psychologically, and can even result in death. If you have been injured by a wild animal in the care of another you may have a claim for damages against the person responsible.If you or a loved one has been the victim of an animal attack, please do not hesitate to contact the injury attorneys at 1LAW for a free consultation.

Medical Malpractice

When something goes wrong with our bodies, we put our trust in the doctor. We expect that the doctor will give a correct diagnosis and give treatment that will improve our condition. Likewise, a healthcare facility has an affirmative duty to make sure that its employees have the proper credentials/certifications to be able to work in the healthcare field as well as a duty to provide a functional environment in which to treat patients. However, doctors make mistakes and those mistakes can prove costly. Doctors and other health care professionals have a professional duty to avoid the neglect of his or her patients. While it is true that everybody makes mistakes, the mistakes of doctors and other health care professionals tend to have catastrophic consequences. Medical malpractice can range from removing the wrong limb to failure to properly monitor staff to failure to follow proper surgical procedure (such as leaving gauze in a surgical wound. The results can range from disfigurement to severe illness.Perhaps the most obvious example of medical neglect is when surgical instruments such as gauze or sponges, are left behind after a surgery. Medical professionals and medical care facilities have an affirmative duty to remove foreign objects from the body that are not necessary for treatment. Leaving a piece of gauze behind after surgery can have catastrophic consequences for the patient, which include severe illness and even death. We have also heard the horror stories on the news about doctors operating on the wrong artery or removing the wrong limb, and while we may not hear of these types of extreme examples often, it is important to remember that they do occur. And when they do, the injured party may be entitled to compensation from the doctor, other health care professionals, and the health care facility.Medical malpractice is a very complex and tricky field of law and an experienced attorney with the resources necessary to pursue you claim is absolutely essential. If you believe that you are the victim of medical malpractice, please contact an attorney at 1LAW for a free consultation.

Defense To Intentional Torts

Consent cannot be obtained through unscrupulous methods, such as fraud. Consent also has boundaries. For example, while football is a rough sport and players are consenting to accept and deal with injuries that may happen, that does not mean that they consent to another player bringing a knife into the field of play and cause damages above and beyond those that occur normally.

Self Defense

Self defense or defense of others can also be a defense. For example, one does not have sit allow another to attack him or her with a baseball bat. However, only force that is reasonably necessary may be used (one cannot shoot another person in retaliation for punching him or her in the face).

Defense of Property

Reasonable force may be used in defense of property. Deadly force may be justified in certain circumstances, such as when a homeowner is present in his or her abode during the commission of a burglary and there is fear for one’s life.However, defense of property does not allow one to set up traps on one’s property in order to cause harm to trespassers. Hence, there are limits on this defense as well.

Necessity

Certain circumstances can give rise to activity that might technically be considered tortuous. For example, going onto the property of another would technically be considered trespass, however, if the purpose is to cut down your neighbor’s trees in order to stop the spread of a wildfire, that purpose would be a defense to trespass. Actions necessary to save the life of another, such as pushing a child out of the way of a moving train, that may technically be battery, fall under the defense of necessity.o Be careful dealing with your Insurance Company- Many insurance companies are in the business for one reason: money. If you are injured in a car accident, insurance companies will apply their many methods to avoid either paying you a fair settlement or even anything at all. Rest assured, even though you have worked hard to pay your premiums, insurance companies will try as hard as they can to not pay you what you are entitled to.In order to ensure that you are dealt with fairly, having an experienced injury attorney on your side is essential. Call 1LAW and speak with one of our experienced injury attorneys in order to ensure that you get the settlement that you are entitled to.

Bicycle Accident

Approximately one million children, in the United States, are injured in bicycle accidents every year. According to the National Highway Traffic Safety Administration, 726 bicyclists were killed in traffic-related accidents in 2012 and approximately 49,000 suffered serious injuries in traffic-related bicycle accidents. The number one cause of these bicycle accidents is driver negligence.

Driver Negligence in a Bicycle Accident

Driver negligence is the failure to exercise the failure to exercise that degree of care and caution that a reasonable and prudent driver would exercise under like conditions and circumstances. Drivers often make turns and pull out of driveways or alleys without checking to make sure the path is clear of pedestrians and bicyclists. This poses significant danger to bicyclists and pedestrians. Injuries sustained in a bicycle accident tend to be serious and sometimes fatal as there is no competition between a car and a bicycle.

Injuries Sustained in a Bicycle Accident

Bicycles provide little to no protection from injury in accidents that involve motor vehicles. Injuries to bicyclists can be catastrophic. Negligent drivers must be held accountable for the injuries they cause in bicycle accidents. Common injuries sustained by bicyclists in traffic accidents include:

Head injuries
Brain Injuries
Spinal Injuries
Concussions
Fractured or broken bones
Severe Bruises, Cuts, and Scrapes

Bicycle Accident Lawsuit

In order to recover monetary compensation for injuries sustained in an accident, it may be necessary to file a lawsuit. The attorneys at 1LAW will fully investigate the facts and circumstances surrounding your accident. Our thorough investigators will speak with witnesses, take photos, and determine who is at fault.

The Bicycle Accident Attorneys at 1LAW

If you have been in an accident, seek immediate medical attention, even if you do not feel injured. Next, consult with one of the experienced bicycle accident attorneys at 1LAW. Our personal injury attorneys understand how devastating a bicycle accident can be physically, emotionally, and financially. The attorneys at 1LAW will work hard to ensure that you receive a fair settlement for your injuries.

If you or a loved one have been involved in a bicycle accident, contact the knowledgeable and dedicated bicycle accident attorneys at 1LAW at 1-800-CALL-1LAW.

Dog Bites

If you have been bitten by a dog, you may be entitled to compensation from the owner of the dog, a landlord, or possibly your own insurance company. The remedy may also include removal of the dog and possibly putting it down. The dog bite attorneys at 1LAW have substantial experience representing the interests of those who have suffered a dog bite.

California’s Dog Bite Laws
There a various remedies and theories of legal liability for victims of dog bites. In some cases, strict liability may apply and all that will need to be proven is that a particular dog bit a particular person. In other cases, the victim may need to establish negligence in order to recover damages. For more information regarding liability and what standard may apply in your case, give the dog bite attorneys at 1LAW a call today.

Damages in Dog Bite Lawsuits
Scarring and disfigurement are common injuries associated with bites from dogs. Injuries can take years to heal. The victim may need reconstructive surgery or plastic surgery. The costs associated which such medical treatments are tremendous. These types of cases can be particularly complex as the scarring or disfigurement is often invisible and sensitive areas of the body. The complexity increases when the victim may need future surgeries over a lengthy period of time or the need for continual medical treatment is uncertain.

Emotional distress is a common injury in dog bite cases. Victims often suffer from nightmares and fear of being attacked again. If you have suffered emotional harm from a dog bite, you need to seek medical treatment. Documentation and treatment of emotional distress injuries can be critical to recovering in a lawsuit.

Consult a Dog Bite Attorney
If you have been bitten by a dog, do not attempt to settle the case on your own. Insurance companies are not on your side. Their goal is to pay you nothing or as little as possible. Insurance adjusters are skilled at making people believed they would not otherwise collect more than what is being offered. It may be tempting, especially when the injury has caused a strain on your finances. It is in your best interest to contact a personal injury attorney that has the knowledge, skills, and experience to handle insurance companies and bring a lawsuit in civil court.

The Dog Bite Attorneys at 1LAW
If you have been bitten by a dog, seek immediate medical attention. Next, consult with one of the experienced dog bite attorneys at 1LAW. Our dog bite attorneys understand how devastating a bite from a dog can be physically, emotionally, and financially. The attorneys at 1LAW will work hard to ensure that you receive a fair settlement for your injuries.

Are You in Need of a Pedestrian Accident Attorney?
If you or a family member was hit by a car and suffered injury while riding a bike, jogging, or walking, we would like to help answer your questions. Call 1LAW toll free at 800-678-1529 or contact us online for a FREE consultation with a knowledgeable and experienced pedestrian accident attorney.

Pedestrian Accident Cases are Naturally Unique
Traffic accidents involving pedestrians are among the most serious and deadly that occur all too frequently. Pedestrians lack physical protection and are completely vulnerable to critical injuries if struck by a moving vehicle. Even a car going just a few miles per hour can cause major injuries such as fractures and broken bones.

A recent study conducted in Austin, Texas revealed that the most common place of a pedestrian at the time of impact was crossing a road, both inside and outside of crosswalks. The most common driver-related factor was the driver’s failure to yield the right-of-way to the pedestrian. This highlights the importance of taking great care and caution when crossing the street, even when in a crosswalk. Children are particularly at risk as they tend to be inattentive to traffic.

The most common ways pedestrians are injured:

Drivers making left or right turns
Drivers backing up
Drivers making u-turns
Driver inattention

A Driver’s Duty of Care
Drivers must exercise that degree of care and caution in which a reasonable and prudent driver in the same or similar circumstances would exercise. This includes the duty to keep a proper lookout. All drivers must pay particular attention to the roadway in front of them including any pedestrians in the immediate area.

The driver of a motor vehicle has a greater duty of care than does a pedestrian.

Hit and Run Driver: You May Still Be Entitled To Compensation
When a pedestrian struck and injured by a driver that flees, the pedestrian may be covered by his or her own car insurance policy or that of a household member’s under uninsured motorist provided that the policy covers such occurrences. If you or a loved one has been struck by a hit and run driver, it is critical that you contact a pedestrian accident attorney at your earliest convenience.

The Pedestrian Accident Attorneys at 1LAW
If you have been in an accident that resulted in personal injury, you need to seek immediate medical attention, even if you feel you are not injured. Next, consult with one of the knowledgeable and dedicated attorneys at 1LAW. Our lawyers understand how devastating being hit by a car while riding a bike, walking, or jogging can be physically, emotionally, and financially. The pedestrian accident attorneys at 1LAW will work hard to ensure that you receive a fair settlement for your injuries.

Brain Injuries
The leading cause of traumatic brain injury is car accidents. Traumatic brain injuries are devastating. These types of injuries often result in physical, behavioral, and mental issues that can impact anything from your ability to speak to your long term or short term memory. The long-term effects of a brain injury are difficult to assess which makes recovery uncertain. Each year in the United States, over one million people are treated for a traumatic brain injury.

Open and Closed Brain Injuries

Open brain injuries are those brain injuries where the skull has been fractured from a collision, a fall, or another occurrence where a hard object makes contact with the head. Closed head injuries do not involve a fractured skull. They can be just as serious as brain swelling and blood clots in the brain are possible. Both types of brain injuries are serious and can result in life-changing conditions such as coma, paralysis, loss of brain function, and even death.

Symptoms of a Traumatic Brain Injury

The symptoms of a traumatic brain injury differ and can worsen or improve over time. Cognitive and neurological functions are often affected by brain injuries. Seeking treatment early is critical as waiting can lead to further brain damage.

Symptoms associated with traumatic brain injuries include:

Headaches and Migraines
Coordination and Balancing Issues
Sleep Issues
Memory Issues
Dizziness and Nausea
Sensitivity to Light
Vision Problems
Seizures

Traumatic Brain Injury Lawsuits

If you have suffered a traumatic brain injury and believe that it is the result of the intentional or negligent actions of another, it is important that you seek the advice and counsel of a knowledgeable and skilled traumatic brain injury lawyer. The experienced personal injury attorneys at 1LAW will aggressively pursue compensation for damages and may include:

All medical costs associated with the injury
Rehabilitation
Property damage
Past and future earnings
Pain and suffering
Emotional damages
Loss of enjoyment of life

The Traumatic Brain Injury Attorneys at 1LAW

If you have been in an accident that resulted in a head injury, seek immediate medical attention, even if you do not feel injured. Next, consult with one of the experienced traumatic brain injury attorneys at 1LAW. Our personal injury attorneys understand how devastating a traumatic brain injury can be physically, emotionally, and financially. The traumatic brain injury attorneys at 1LAW will work hard to ensure that you receive a fair settlement for your injuries.

If you or a loved one has suffered a traumatic brain injury, contact the knowledgeable and dedicated traumatic brain injury attorneys at 1LAW at 1-800-CALL-1LAW.