Personal Injury Attorneys Tag

Watch Out for Water Hazards During Summertime

Summer makes people want to be outside having fun in the sun. That means more trips to the beach, local pools, or maybe even to a lake. However, there are a number of dangers that lurk in association with water recreation. Here are a few ways to keep you and your family safe.

Avoiding Common Water Injuries

Here are a few things you can do to stay safe and keep your fun activities from quickly becoming dangerous:

• Avoid water that isn’t properly treated – If you get some kind of parasite from pool water that hasn’t been cared for properly, the owner will likely be held responsible for medical expenses. However, if you are at some random lake or pond, it’s tough to know if the water is safe, and you will be swimming at your own risk.
• Use caution around power watercraft – Someone on a jet ski should be looking out for swimmers, but it is better to use caution and stay out of the line of watercraft than to get hurt, even if it’s not your fault.
• Watch out for shallow water – Diving into water that is too shallow can lead to serious injury and even death. Pools should be properly marked as to depth and whether diving is safe, but always check the water depth yourself first just to be certain.

If You or a Loved One Has Suffered a Water-Related Injury

There are many times that water injuries could have been avoided with proper caution. A failure to properly treat a pool can lead to serious medical conditions. An incorrectly marked pool can result in paralysis from diving into the shallow end. A boat may strike a swimmer due to the careless operation or because a person wasn’t properly licensed or trained.

The personal injury attorneys at Petrov Law Firm can help you to seek due compensation if an injury has resulted in medical bills, missed work, or mental suffering. To learn more, call 619-344-0360.

3 Steps to Take When Inured by a Defective Product

When a defective product comes off the line, goes through the chain of distribution, reaches a consumer, and causes an injury, the manufacturer is at fault. In fact, if it can be shown that the manufacturer knew that some products were defective, negligence may result in a number of lawsuits. Here are 3 steps you should take if you have been injured by a defective product.

#1 Seek Medical Attention Immediately

Your health is of primary concern, so the first and foremost item of business should be getting the proper medical attention. Make sure you keep copies of all of your medical records related to the injury, including bills and any pictures or x-rays taken of the injury.

#2 Keep the Defective Product

Unless it is dangerous for you to store the item that caused your injury, hanging onto the item can allow you to show how the product caused your injuries. At the very least, you should try to take a number of photographs that show the defect in the product and how the injury occurred.

#3 Contact a Personal Injury Attorney

Don’t sign anything before speaking to an attorney, even if the manufacturer has offered you a settlement. In most cases, if you accept any kind of compensation, including a refund for the item or a replacement item, you may affect your ability to collect further compensation.

The personal injury attorneys at Petrov Law Firm can help ensure that you receive the compensation you are due in the case of injury caused by a product defect. Contact us today at 619-344-0360 to learn more.

Why Most Personal Injury Cases End Up Being Settled Out of Court

If you have suffered a personal injury and are looking to file for damages, you may recognize that this sort of thing often never reaches the courtroom. Why is that the case? There are actually a number of factors in play that relate to both sides of the suit.

Factors in Reaching a Settlement
First of all, reaching a settlement allows the defendant to avoid the situation becoming a public spectacle. Legal fees are also minimized. It is basically a way of performing damage control. It keeps a jury from awarding massive punitive damages or large pain and suffering penalties. This is especially true in cases where a jury could easily be swayed by sentiment.

However, a settlement if often good news for the plaintiff as well. First, the money is guaranteed. If the case goes to trial and the defendant wins, the plaintiff gets nothing. In a settlement, the plaintiff knows exactly what the payout will be. It also allows the plaintiff to get the money quickly as opposed a court case that may drag on for weeks or months.

As a result, it usually mutually beneficial for a settlement to be reached.

Why Seek Legal Help for Personal Injury Cases
An experienced personal injury lawyer is in the best position to get you a higher settlement amount. Plus, an experienced personal injury attorney will also know when a case should go to trial. As a result, you should never accept a settlement without discussing your legal options with an attorney. The personal injury lawyers at the Petrov Law Firm will be happy to help you weigh the pros and cons of a settlement in your case. We have the experience to help you maximize the settlement you receive.

7 Frequent Causes of Slip and Fall Injuries

Slippery Surfaces – This can include icy winter surfaces or slippery, wet surfaces due to rain, mopping, etc. Tile entryways need a non-slip mat to reduce the risk of injury.

Uneven Pavement or Sidewalks – Businesses and homeowners need to care properly for parking lots, driveways, and walkways.

Nursing Home Neglect – Fall risk increases as one ages. Unfortunately, many nursing homes do not provide sufficient assistance for residents in this regard.

Work Place Dangers – Employee training can a long way toward avoiding injuries when workers need to navigate slippery surfaces.

Obstacles in Hallways/Aisles – Crowded grocery stores or departments stores need to make sure there is sufficient walking room for customers.

Poor Lighting – Slippery surfaces or obstacles become even more dangerous when there is a lack of proper lighting to illuminate the problem.

Clutter – Whether in the home or workplace, piling clutter can quickly become a danger.

Compensation for a Slip and Fall Injury

If you have been injured in a slip and fall accident as a result of the dangers noted above, or another reason, the Petrov Law Firm’s personal injury attorneys can help you to get the compensation that you deserve. Call 619-344-0360 today to schedule a free consultation.

California Sees the Highest Rate of Truck Accidents

A Recent Study Reveals the Dangers
2013 truck driver accidents stats across the US were recently reviewed to show just how dangerous truck accidents are. For example, in 2013, there were 338,000 crashes involving large trucks. 265,000 of those accidents caused damage to property. 73,000 resulted in injuries. Of those injuries, 52,000 occurred to drivers or passengers in other vehicles.

The shocking number one cause of truck driver accidents was prescription drug use with more than a quarter of the accidents being blamed on medication. And that’s just prescription drugs. 17% of accidents were blamed on over-the-counter medications. Once you add in illicit drug use, drugs come into play in 46% of truck accidents, as opposed to just 23% of the accidents being due to speeding and 13% to driver fatigue.

Truck Accident Lawyers You Can Trust
If you need truck accident attorneys in San Diego, Chula Vista, or any of the surrounding areas, contact the Petrov Law Firm at 619-344-0360. If you have been injured in an accident with a truck, especially if any of the abovementioned factors are in play, you deserve to compensated. Don’t rely on an insurance company to treat you fairly when it comes to property damage, medical bills, or other due compensation. Our personal injury attorneys can get you what you really deserve.

Staying Safe on a Motorcycle

As a motorcyclist, you do not have the protection of a metal frame and automatic airbags around you. Therefore, safety on the road begins with you:

-Invest in your livelihood by taking a qualified motorcycle training course. Safety experts will provide you with hands-on instruction to help you avoid accidents.
-Wear protective equipment when riding. Helmets save lives so be sure to pick one that provides optimum protection. Motorcycle riding clothes are specially designed to help break your tumbles and bumps and act as a tough outer layer. Having brightly colored pieces also does not hurt. This gets others to notice you on the road as a good number of accidents occur due to drivers not seeing or noticing the motorcyclist. Being properly equipped to ride can be the difference between life and death.

On the road, there are many objects, both moving and static, that can inflict severe harm on you should you collide with them:

-Assume you are invisible. The unfortunate reality is that most vehicle drivers do not always pay attention or notice motorcyclists sharing the road with them. Use defensive driving techniques and keep a safe distance away from drivers who seem distracted (whether it be with other passengers, on the phone, or listening to loud music).

-Avoid driving in others’ blind spots.
-At a red traffic light or stop sign, pull to one side of the lane to avoid being accidentally rear-ended by the unaware motorist coming from behind.
-Proceed through intersections with caution and if possible, ride alongside a large vehicle for cover.
-Always have an escape route to either side should other drivers behave unpredictably.

There are many ways to stay safe on the road as a motorcyclist. Of course, mastering safe driving techniques comes with experience. Your life is more valuable than your bike so if you come across a situation where your bike can act as a buffer and you can safely get away on foot, do so without hesitation.

If you or a loved one has been involved in a motorcycle accident, contact a personal injury lawyer and receive advice on how to proceed. Motorcyclists tend to sustain severe injuries when they get into an accident so it is important to seek legal counsel to ensure all dimensions of the case are addressed and taken care of.

How Much Does a Personal Injury Lawyer Cost?

In practical, everyday language, most personal injury lawyers won’t take a check from you directly for their services. Most of them work on contingency and they withdraw their fee from the money you get from the person or company you are suing. Generally, settlements and court decisions factor in the cost of legal services, so you get what you need to cover your losses and your lawyer gets what he or she needs to cover legal fees.

How Much of the Settlement Does the Lawyer Take?

Personal injury attorneys take, on average, 25% to 40% of the final settlement or judgment. The percentage varies based on several factors such as the complexity of the case, likely challenges by the defense, and the experience of the lawyer. Keep in mind, lawyers charge hundreds of dollars per hour when they work through a fee schedule so a percentage of 30% or 40% is often fair payment.

Is it Ethical to Use a Lawyer Who Gets Paid on Contingency?

Lawyers who work on a contingency fee basis generally help people who would otherwise be unable to hire a lawyer. Because there is no money up front, and generally no fee is the case fails, contingency cases help keep big companies in compliance with laws that only affect the poor and marginalized people in the community.

Can I Sue the City?

Generally, ask yourself if it’s reasonable that the city be held responsible for your injury. Tripping and falling on an uneven sidewalk is not likely to be seen as a viable claim. However, if the city was negligent by improperly installing a handrail that broke when you used it, you can probably make a case for recovering the cost of medical bills and lost wages.

Many states protect governmental bodies with immunity from lawsuits. Generally, this immunity can be waived in the face of gross negligence. However, the immunity laws are broadly worded so as to provide as much protection for the city as possible. For example, if your car gets damaged in the course of high speed police chase because you didn’t move in time to allow the police to pass easily, the immunity laws will favor the police.

If you and your lawyer feel the city was grossly negligent, you might find the city is ready and willing to settle. Many cities self-insure — meaning there isn’t an insurance company to slow the process and question every claim. Don’t delay. When suing a government body, you will have to show a preponderance of evidence. But if you have a solid case, you might find the city willing to quickly pay your claim.

Will My Case Go To Trial?

Throughout the course of your case (which can take many years in some circumstances) you should talk to your lawyer about the status of the case and any settlements you are willing to offer or any settlements you may have received. Your lawyer has probably handled hundreds of personal injury cases and will likely give you advice as to how to proceed with any offers.

Going to court is always a risk. If your case is heard by a jury, they could decide that the defendant (the person or corporation you are suing) was not at fault and you are not eligible to receive any compensation for your losses. On the other hand, a jury could side with you and award you significantly more money than any settlement offer you had received.

Time is generally the determining factor when it comes to deciding on a settlement offer. Because personal injury cases take longer than most plaintiffs (you) assume, settlements provide a fast way to end the drawn out legal process. In addition, if you go to trial, you may find that the defendant will appeal the jury’s decision, therefore making the wait for compensation last longer.

Unless you are looking for the emotional satisfaction of testifying in court, you will probably find that a settlement offer will satisfy your financial losses.

Making the Case for Food Poisoning

If you got sick after eating in a restaurant, you may have a tough time making a case against the business for food poisoning. However, there are specific circumstances in which you might be able to regain some of your losses because of food poisoning.

First, be prepared to show your losses. While you may have been uncomfortable for twenty-four hours or so, you will need to show substantial financial losses to make a legal claim. Lost wages and medical expenses are generally the kinds of losses that add up to a substantial sum.

Proving that you got sick from a specific restaurant is very difficult. However, if you were hospitalized because of your sickness, you may not have been the only person who was sick because of the restaurant’s food. If you were sick enough to be in the hospital, you were sick enough to report the problem to your state’s department of public health. Once you’ve reported the problem, you can ask the investigator assigned to your case details about any recent outbreaks in your area. Once you know that you’ve been part of a larger outbreak, you will have better luck finding a reputable lawyer willing to help you reclaim your losses.

If you suspect that you’re suffering from food poisoning, start to make notes immediately. Record everything you can recall about the food you’ve been eating for the days leading up to the sickness. Record all of the expenses and losses that come with being sick. You and your lawyer can make a case, but proper notes and records will make for a good settlement.