Granada Hills Personal Injury Law Blog

A person who slips or trips on another person’s property may be entitled to damages for resultant injuries. In order for a slip and fall to be compensable, there must have been an unsafe condition on the property. Unsafe conditions include icy accumulation, wet or slippery floors, badly damaged sidewalks and debris underfoot, among many others.

In addition to the existence of unsafe conditions, in order for the injury to be compensable, the owner must have known that the dangerous condition existed and allowed it to persist.This is the most difficult element for a victim in a slip and fall case to prove. Sometimes, the owner of the property causes the dangerous condition, such as when the floors of a department store are freshly mopped and slippery. At other times, the danger is not caused by the owner, but is obviously apparent, as is the case after a snowstorm. The owner of the property is entitled to a grace period to correct dangerous conditions.  But, while the problem is being fixed, the owner should put up a notice to warn individuals of the possible danger. Yellow boards are commonly used to warn of wet floors, and orange cones are often used to warn of ongoing construction.

If the dangerous condition is obvious enough to a casual observer, it may not be compensable since an individual has a duty to use a reasonable degree of care for his or her own safety. Even if the owner is at fault, if the injury is no more severe than a bruise or a slight sprain, a lawsuit is probably not the best course of action.  Lawsuits are usually reserved for more serious injuries like broken bones or spinal damage.  Only an experienced attorney can advise the individual involved in a slip and fall incident as to whether the case is strong enough to warrant a claim. 

Daryoush Mazarei: Unfortunately, it is not unheard of for a surgeon to leave a piece of equipment inside of a patient after an operation has been completed. Even though there are procedures in place to prevent this, doctors are human, and mistakes happen on a regular basis. What makes the case of Daryoush Mazarei so notable is that after the surgery, when Mr. Mazarei returned to the hospital complaining of intense pain and attempting to show the health care professionals the end of the 10 inch retractor that was protruding from his ribs where his surgeon had left it, he was told that his pain was in his head and referred him to a psychiatrist.  Eventually the retractor was removed. Mr. Mazarei’s case was settled out of court and the hospital apologized.

Dr. Farid Fata:  Dr. Fata is currently serving a 45-year sentence in prison after improperly diagnosing more than 550 patients for profit.  He prescribed extensive rounds of radiation and chemotherapy to patients who did not need it and treated terminal cancers aggressively instead of letting his victims die peacefully in order to rake in more than $17 million from fraudulent bills.  Although Dr. Fata’s fate has been decided, his victims and their heirs are still engaged in a court battle to determine if they will be compensated for Fata’s egregious conduct.

Jesica Santillan: It is especially tragic when a young person’s life is cut short by a terminal illness.  Jesica Santillan’s parents moved to North Carolina from Mexico when they discovered that Mexican doctors could not properly treat their daughter's heart and lung disorder. A local builder heard their story and started a charity to raise money for Jesica's transplant. Just as the family was filled with hope, a careless mistake was made. No one at the hospital checked to make sure the donated organs matched Jesica’s blood type before the surgery, and as a result, her body rejected the transplant, shutting her system down and causing her death two weeks later.  Santillan’s family settled out of court with the hospital for an undisclosed amount, but they will never get their daughter back.

Bryan Mejia:  Bryan Mejia was born with one leg and no arms because West Palm Beach doctors failed to properly read ultrasounds that would have disclosed his deformity.  His parents were awarded $4.5 million by a jury as a result.

Although these cases demonstrate extreme examples of medical malpractice, not every case is so obvious.  Only an experienced attorney can properly advise you if your case rises to the level of medical malpractice. 

There are a number of issues that can come up in a personal injury case.  Every personal injury case will include a claim for compensatory damages, meant to compensate the plaintiff for any loss.  It is important to include all claims that apply in a lawsuit because, if one is omitted, there is no second chance to reopen the case.  Some of the most common types of compensatory damages include:

Property damage:  If personal or real property is damaged as a result of an action of the defendant, the plaintiff can include a claim for property damage.

Medical costs:  Any out of pocket medical bills should be reimbursed as part of a lawsuit.  If an insurance company paid medical bills, they may assert a right to be reimbursed out of the proceeds of any personal injury settlement.

Pain and suffering:  This is meant to address the physical, mental, and emotional anguish that comes with being the victim of an accident.  In many cases, the path to rehabilitation and recovery is difficult, painful, and frustrating.  A victim should be compensated, at least in part, for the interruption of their lives.

Permanent injury:  Often, despite the doctors’ best efforts, a patient is left with permanent pain or the loss of function of a body part after treatment is complete.  Even though it is impossible to assess the value of this monetarily, the courts will try their best to put a number on it and compensate plaintiffs accordingly.

Lost wages:  A claim for lost wages seeks to recover money for any work that was missed as a result of an injury.  The lost work may have occurred immediately after the accident, or may have accrued over a period of time, including any days missed to receive treatment.

Loss of consortium:  After a serious injury, many aspects of a victim’s life change.  If his or her ability to be intimate with a spouse is affected, a claim of loss of consortium may be included in the complaint.  It does not matter if the problem is a physical one or a psychological one.

If you have worked hard to build and maintain a good reputation, either personally or in a business context, you likely understand the affects that damage to this reputation can have.  If someone does engage in conduct that is damaging to your reputation, tort law provides an avenue for you to take action: a lawsuit for defamation.

Defamation can arise in various forms and be claimed by an individual, business or other entity.  While defamation is the term encompassing all types of statements that cause injury to one’s reputation, you can be defamed in a number of ways. Libel is defamation that occurs in a written format.  For example, statements written in an article or book that are damaging to one’s reputation constitute libel.  With the ever expanding use of the internet, written statements in website content, social media and even chats are considered libelous if they are likely to cause injury.  Slander is defamation done orally.  It is important not to underestimate the power of the spoken word when it comes to reputation and anyone injured by this type of speech may have an action.

Although defamation can be committed in a few different ways, the elements of each action are usually the same.  In order to have a successful claim for defamation, libel or slander, it must be proven that a false statement was made.  It must also be proven that the maker of the statement had some level of intent, at the very least negligence.  This means that a statement made either with intent to cause injury, knowledge of the injury that could result or without the appropriate amount of care, can result in a claim for defamation.  The statement must also have been published in some way to at least one other person and there must be proof of damages.  You will likely not be able to determine if all of these elements are satisfied and it is therefore important to consult with an attorney knowledgeable in the field to find out whether you have a claim.  Contact us today for a consultation.

Out of all personal injury cases, those involving traumatic brain injuries can be some of the most difficult for the victim and their families.  These injuries can have a huge impact on an individual’s daily life and often times perfectly capable people end up in need of lifelong care after their occurrence.  Brain injuries occur all the time so it is important to understand what commonly causes them and how you can obtain compensation should you or your loved one be the victim.

A traumatic brain injury is damage to the brain from an outside force.  The outside force can be either a blunt trauma or come from a jolt or an object of some kind that penetrates the skull.  This force causes the brain to malfunction in some way.  Brain injuries vary in severity and can cause a wide range of symptoms ranging from a headache to complete paralysis.  Less serious injuries might cause mild symptoms and temporary physical, cognitive and psychological effects.  More serious injuries can cause permanent impairments and even death.  The effects of a brain injury can last a lifetime.

There are many causes of traumatic brain injury stemming from every day activities as well as freak accidents.  Motor vehicle accidents are one of the leading causes of these types of injuries.  The blunt traumas, jolts and penetration wounds that sometimes occur in these situations can easily cause a brain injury.  Crimes are also a leading cause of brain injury.  Crimes involving firearms and/or physical violence can cause serious injuries to the brain if the circumstances are right.  But, most brain injuries stem from falls.  Falls at home, on another’s property and from heights can easily translate into a serious injury.

Regardless of the situation, if traumatic brain injury was caused by another individual or entities negligent, reckless or willful behavior, you might have a claim for personal injuries.  One of our experienced personal injury attorneys can evaluate your case to determine whether you should pursue a claim.  Contact us for a consultation today.

Each year, over 70 million tickets to Major League Baseball games are sold in cities across the country. Fans flock to these games for the live action – the opportunity to see their favorite players in the flesh, enjoy a few hot dogs and belt out the fan favorite “Take Me Out to the Ballgame” with thousands of other die-hards during the seventh inning stretch. Unfortunately, each year some of this “live action” causes injuries to spectators when a foul ball or flying bat (and occasionally, a player trying to get that heroic out) finds its way into the crowded stands. If you’ve witnessed one of these incidents or have been a victim of one, you’ve likely wondered what happens next? Will the team pay for medical care? Does the injured party have a right to sue?

Under “the baseball rule” owners must demonstrate a high degree of care for visitors to their stadiums, taking measures to protect spectators in high-risk areas (such as behind home plate) and areas where spectators can expect to be protected. Under the rule, spectators in the unprotected areas of the stadium should assume the inherent risks of the game that include balls travelling at very high speeds and pieces of equipment that might be propelled into the seating areas.

On the back of nearly every ticket for a professional sporting event, you will find a warning of these inherent risks, and a statement that explains that the team and stadium is not responsible for any injuries resulting from the game. This ticket is seen as a form of an adhesion contract which is a standardized agreement that a party is bound to once they purchase the ticket (even if the ticketholder was unaware of the terms and failed to read them prior to attendance).

In deciding civil suits pertaining to injuries at baseball games and other professional sporting events, the courts have often looked to the baseball rule in making their judgments. It is, however, important to note that not all states adhere to the rule that limits the liability of owners assuming the standard of care to visitors is met.

In one recent case Rountree v. Boise Baseball, LLC, et al., the Idaho Supreme Court balked at the century old baseball rule and ruled that a gentleman who had lost his eye when he was hit with a foul ball at a game of a minor league affiliate of the Chicago Cubs could seek damages from the baseball organization.  

If you’ve been injured at a major sporting event, you may be entitled to seek compensation for your pain and suffering. It’s important that you contact an experienced personal injury attorney who can help you understand the laws in your state, all applicable court rulings and work with you to determine the best strategy for recovery. 

If you’re like most individuals, you perform hundreds of activities each day at home and in the workplace. In some instances, these regular activities that you might have believed to be harmless end up hurting you many years down the road. When those activities were work-related, the fact that they were “just part of the job” doesn’t mean your employer is off the hook if you need medical attention.

A good example of this is the NFL concussion lawsuit. In the NFL, there is an inherent risk that a player will be injured when he steps on the field. This risk is obvious and by playing football, the players have assumed this inherent risk. The doctrine of assumption of risk, in addition to the the Collective Bargaining Agreement (CBA) the league enters into with the NFL Players Association, prevents players from filing suit when they suffer an on-the-field injury.

What the players (and the teams, owners, and league) claim not to have known, or perhaps knew but did not want to acknowledge, is that every-day injuries, particularly head injuries, can have serious long-term impacts on the players. The NFL is now being sued by past players who think that the league was negligent for not protecting them from long-term injuries or at least warning them about the risk of long-term injuries.

How this translates into the non-football world is still a bit unclear since the NFL suit is rather unique, but it is something employees who have assumed the risk of day-to-day injuries should keep in the back of their minds. If years down the road the cumulative impacts of those small, every-day injuries start to add up to something major, it may be time to investigate whether the employer failed to properly protect or adequately warn employees of the long-term dangers they faced.

Tort reform is the name commonly given to a proposed solution to the rising healthcare costs in America.  Some people believe that medical malpractice lawsuits are the main reason why the United States has such high healthcare costs.  The argument is that because doctors are afraid of being sued, they have to conduct more tests than is reasonable.  Essentially, doctors complain that they are forced to be too thorough.  Also, it is believed that hospital bills are high because malpractice insurance premiums are high.  Therefore, by limiting the maximum amount that a Plaintiff could win in a lawsuit, malpractice insurance costs would be reduced, doctors would be free to practice as they see fit and prescribe fewer tests, and the savings would be passed on to the patients. 

This line of thought is not without criticism.  While doctors and insurance companies would surely benefit greatly from putting a cap on the amount of money damages awarded in medical malpractice awards, there is no cap on the amount of damage a doctor might do by making a mistake.  In the case of Colin Gourley, an OBGYN’s negligent prenatal care of Colin’s mother led to the boy being born with severe birth defects including physical, cognitive, and behavioral problems.  He was quickly diagnosed with cerebral palsy.  He will require round the clock care for his entire life.  A jury found that the hospital and the doctor should be responsible for these costs, and awarded the family $5,625,000.00 to cover the damages.  However, because of a law capping damages in such a case, their award was limited to $1.25 million, leaving a middle-income family with a bill of $4,000,000.00 that they had no means of paying.  This is only one case of many which demonstrates the real cost of putting a cap on damages.

The consequences of tort reform affect those who suffer the most as a result of medical mistakes.  Also, the amount of the cap is arbitrary and inherently unfair to those who were mistreated by the medical professionals in the first place.  The proponents of tort reform might better serve society by putting their efforts into lowering healthcare costs by coming up with a way to reduce medical error and inefficiencies. 

What is soft tissue damage and how is it treated?

Soft tissue damage refers to damage done to the muscles, ligaments, and tendons throughout the body.  Often referred to as sprains, strains, contusions and tendonitis, soft tissue damage is usually caused by a traumatic event such as a slip and fall or a traffic accident.  It can result in swelling, bruising, and loss of function.   Immediately after an injury, the area affected by soft tissue damage should be protected, rested from any strenuous activity, kept cool with ice to regulate swelling, compressed and elevated.  If pain continues after 72 hours, it is likely that the injury is more than a simple sprain or strain.  When the soft tissue is inflamed for a long period of time it could result in serious, long-term damage.

When soft tissue damage exists in the back and the spinal column is compressed, it may result in what is commonly referred to as a pinched nerve.  Each vertebrae is separated by a gel filled sac that acts as a cushion between the bones.  When the muscles surrounding and supporting the spine are inflamed, it pushes the bones together, squeezing the sac and causing it to bulge, called a bulging disc.  In more serious cases, the sac actually ruptures.  This is called a herniated disc.  Besides being incredibly painful, these conditions can result in weakness or numbness in the extremities, known as radiculopathy.

MRI can confirm the existence of a bulging or herniated disc.  Treatment varies depending on the severity of the case.  For some, physical therapy and chiropractic manipulation will be enough to heal the damaged area.  This is considered conservative treatment.  There is the possibility that an epidural injection to the affected area could help reduce inflammation and give the injury an opportunity to heal.  If nothing else is successful, spinal fusion or decompression may be an option to reduce pain. A doctor should be consulted before engaging in any sort of treatment.  

The Food and Drug Administration (FDA) reviews, and approves, many drugs and medical devices to ensure that they are safe for consumers before they can be sold. Still, a lot remains unknown when a drug or device first enters the market. Unfortunately, some drugs and devices end up causing injury to the people that they are prescribed to treat. When many people are harmed by the same prescription drug or medical device, a class action lawsuit is typically filed in order to efficiently compensate all of the injured plaintiffs.

If you saw a television advertisement alerting you to a lawsuit over a drug or device you or a loved one used, you have good reason to be concerned, but you should not panic. An experienced attorney can guide you in determining whether you qualify for compensation and what steps to take next. There is often no cost to you because the drug or device company at fault typically has to pay all the costs associated with the injuries it caused.

The longer a drug or device is on the market, the more we learn about its side effects, so it is important to keep records about the medications and medical devices you and your loved ones have used. You never know when additional information will uncover previously unknown dangers, so paying attention to warnings about drug and medical device class actions is important. If you can recognize early on that you or a relative may be at risk, you could potentially save your life or that of a loved one, and ensure that you receive the compensation you are due for the risk you have been subjected to.

If you think you have been harmed by a dangerous medication or device, contact an experienced personal injury attorney who can advise you about participation in class actions related to drugs and medical devices.

When an adult is injured, he or she has the legal right to bring a lawsuit or settle with the at-fault party for compensation. A child, on the other hand, does not have those same rights prior to his or her 18th birthday. When a child is injured, it is the responsibility of the parents, or legal guardian, to advocate for the child and ensure his or her best interests are protected. While the laws vary greatly state to state, there are generally some unique considerations which come into play when a minor is the plaintiff in a personal injury proceeding, these include:

The Statute of Limitations May Differ
All states impose a time limit which requires that the injured party file suit within a given time frame from the date of the accident. In many states, the statute of limitations for an injured child will be different from that of an adult and the time period may not begin until the child turns 18 (allowing him or her to bring suit on their own).

A Guardian Ad Litem May be Appointed
Since children do not have the capacity to protect their interests in legal proceedings, some states require the appointment of a guardian ad litem. This individual must honestly represent the child’s best interests. In many states, the court will choose the Guardian Ad Litem; it is often a parent or close relative of the child.

The Parents May Also Be Able to Collect
While the compensation for injury will belong solely to the child, the parents of the child are legally responsible for medical bills and they may be able to also bring a claim against the at-fault party for compensation for these associated expenses. When this does occur, the parents’ claim is often tried with the child’s although two separate verdicts are issued.

The Standards of Care May Be Different for a Child
In lawsuits regarding negligence, the court will seek to establish whether all parties acted with a certain standard of care. This is even true of the injured party as the defendant may claim that the negligence of the plaintiff contributed to the injury. In the case of a child, he or she will likely be held to a different standard of care based on what is reasonable for a child of that age, intelligence and maturity. In some states, a child under a certain age is incapable of being negligent so a claim of contributory negligence would not be valid.

Court Approval May Be Required
Most settlements for a child’s personal injury will require court approval. Before approval, the court will generally demand that all documentation of the case along with a detailed accounting of the attorney's fee and case expenses be submitted for the judge’s review. The judge will then approve the settlement, if it is appropriate and in the best interest of the child. If the settlement is approved, the money must be deposited into a designated bank account approved by the court. The money cannot be withdrawn without order of court until the 18th birthday of the injured child. It's important to note that the parents are not entitled to this money.

Since children are seen as vulnerable members of our society, these extra legal safeguards are intended to provide additional protection. If your child has been injured, it’s imperative that you contact a seasoned personal injury attorney who can help you to better understand local laws and how they apply to your child’s case, and make sure that your child’s best interests are protected now and in the future.