personal injury lawyer san diego Tag

California Laws Dealing with Injuries to Children on Private Property

If your children are more active in the community during the summertime, it is important to teach them about the dangers of wandering onto someone else’s property without permission. The best way to deal with injuries is to avoid them in the first place. However, if your child has been injured on another person’s property, here are a few things you need to know.

Laws Dealing with Negligence that Apply to Children

Some California laws have changed regarding liability when it comes to trespassers. In the past, California laws about trespassers who suffer injuries didn’t apply to children, especially if the court deemed that the situation that the child was drawn toward as something particularly attractive to children (a friendly looking pet, a pool with no fence, etc.).

Those laws were done away with many years ago. However, landowners are still expected to foresee potential dangers, even one’s that may affect a person with no business being on their property. The courts apply this even more so when a child is involved. As a result, injuries on private property are handled on a case by case basis.

Getting Help in a Personal Injury Case

That means it more important than ever to have an experienced personal injury attorney on your side when dealing with such situations. The compassionate attorneys at Petrov Law Firm hate to hear about any child suffering from an injury, and we are happy to help families seek the compensation they deserve. To learn more, please call 619-344-0360.

The Importance of Earnings Documentation in Personal Injury Cases

Whether a person can no longer work due to injuries or the situation is that of a wrongful death case, one of the primary considerations in determining damages would be the potential future earnings lost. However, proving lost wages requires the right documentation. Here are some things you should know.

Documents that Prove Lost Earnings

The right documents can make determining an amount of lost wages a much easier process. For example, some paperwork that could prove a person’s earnings include:

• Income Taxes
• Pay Stubs
• Direct Deposit Transactions
• Business Receipts

These documents help to put an exact figure on what a person earned in the past and could expect to earn in the future.

Factors that May Affect Loss of Earnings Settlements

The biggest no-no, in this case, would be getting paid off the books. If someone took payments in cash and never reported them or paid taxes on them, a judge may eliminate the value of lost earnings as part of the case. Other issues may arise if a person was self-employed. He may have made $100,000 a year in revenue, but if $30,000 in business expenses meant he only paid taxes on $70,000 a year, that smaller figure would be used to determine earnings.

Setting the Right Figure in Loss of Wages Settlements

Whether you are facing a personal injury case of a wrongful death case that is costing your family future income, the compassionate lawyers at Petrov Law Firm can help you to provide the right documentation to establish wages and maximize the amount you are entitled to. Money can’t replace your loss, but it can help ensure that financial issues don’t compound your grief. Call 619-344-0360 to discuss your situation with one of our experienced attorneys.

Identifying a Concussion Following a Car Accident

One mistake that many accident victims make is telling a police offer that he or she is fine when asked if okay following a car accident. Unfortunately, concussions – a common effect of car accidents – can cause mental confusion. As a result, you may think you are okay when you have actually suffered a head injury. Since the officer doesn’t know you personally, he or she has no way to know if you are acting oddly.

This makes it important to see the doctor after a car accident. A medical professional should be in a better position to identify a concussion. For your information, here are a few things to look out for.

Symptoms of a Concussion

Concussion symptoms are many and varied. Some may appear immediately following the head injury while others may happen days or even weeks later. Here are some possible immediate symptoms of a concussion:

• Headache
• Confusion
• Tinnitus
• Memory loss
• Fatigue
• Nausea and vomiting
• A “deer in the headlights” look
• Slowed response to questions
• Slurred speech

Symptoms that may occur in the days following a concussion could reveal post-concussion syndrome. These signs include:

• Memory problems
• Personality changes
• Irritability
• Insomnia
• Depression and/or anxiety
• Sensory sensitivities
• Vertigo or dizziness

Why Medical Care Is Important

Since some of these symptoms may not occur until later, it is important to have already established with your doctor that you been in an accident. Even if you have been given a clean bill of health, watch out for the above symptoms in the coming months.

Another important thing to keep in mind is not signing any kind of settlement until you have let enough time to pass to know if you are okay or not. If you accept payment from an insurance company and sign a settlement, and then new symptoms arise and lead to medical bills, it’s too late to go back and get reimbursed.

Common Injuries that Occur During the Holiday Season

The holiday season is usually a time of great joy when families get together, share a meal, exchange gifts, and spend quality time together. Unfortunately, the holiday season also brings a certain amount of danger. Here are a few things to watch out for.

• Car accidents – Especially since many drivers are enjoying alcoholic beverages around the holidays, this can lead to an increase in car accidents. The Petrov Law Firm wants to encourage everyone to be safe and use a designated driver this holiday season.
• Cuts – While it is nice to give and get gifts, opening them can pose a danger. Be sure that young children don’t have access to scissors, knives, boxcutters, or other sharp items. And adults should also be extremely careful if using one of these items to open a gift.
• Burns – First of all, a stove is probably in use in the home where everyone is gathering for a meal. That means keeping an eye on children and making sure they know not to touch the oven. The holidays are also a time when many light candles. Keep candles out of the reach of small children.
• Electric shock – Families with children know to keep outlets protected. But if you are traveling this holiday season, especially if you will be visiting a family member with no small children, be sure that the house will be child-friendly to ensure no accidents ensue with unprotected outlets.
• Defective toys – A gift can quickly turn into a hazard if it is not manufactured properly.

Protect Your Family This Holiday Season

If you or a loved one is injured in a car accident, suffers harm from a defective device, or is subject to personal injury in some other way, contact the Petrov Law Firm to speak with a personal injury lawyer.

November—The Most Dangerous Month for San Diego Drivers

However, if you are in an accident, especially if an injury occurs, it is important to follow a few guidelines at the scene.

• Get the Authorities Involved – If you want to get money from your insurance company, the police have to be involved so that a report can be filled out. Even if there is little to no damage to the vehicle, you may have physical injuries that will only be covered if a police report is filled out properly.
• Get a License Plate Number – This is especially important if it seems like the other driver is going to leave the scene. The police can track down the other driver by means of the plate number and ensure that you get justice.
• Create Your Own Documentation – By using your smartphone to take pictures of the accident scene, you can create your own report that may help when it comes to determining fault. Try to get street signs in the pictures, so the exact location is clear. Document damage to the vehicle. You may even video record the other driver if they seem under the influence or if they are hostile toward you following the accident.
• Hire an Attorney – You don’t want to attempt to get damages for your injuries on your own. The lawyers at Petrov Law Firm are here to help you hold drivers accountable for the losses you have suffered. Call 619-344-0360 to get started today.

Calculating the Value of a Life in the State of California

What Financial Elements Comprise a Wrongful Death Case?

When compensation is determined, all amounts are calculated at present values and not estimations of future market values. Here are four losses that are calculated:

• Expenses connected with the funeral and burial.
• The individual’s contribution to household income. This includes all the money the individual would have made during the rest of his or her life in support of the family. It also includes retirement plans, investments, and any other form of income.
• If the individual would have made monetary gifts to certain family members, this is also calculated. For example, if a parent had been setting aside savings for a child’s college tuition, this amount is included.
• The services the family member provided to the household at no charge must also be calculated. For example, if a grown son took care of his mother’s yard every weekend, the cost of ongoing lawn service would have to be compensated for.

Additional Elements in Compensation Calculation

Of course, many elements of a loss are more emotional than financial. As a result, compensation may be provided in the following areas:

• Loss of love, companionship, protection, etc.
• Loss of sexual relations for the decedent’s partner
• Loss of guidance and training for those being raised by the decedent

Obviously, these elements cannot be calculated in the same way as financial losses. As a result, evidence needs to be presented showing the decedent to be loving. This may include testimony from family members, photos, videos, and so on to show that the individual was present in the lives of those seeking compensation.

If You Have Lost a Loved One

If you believe you may have a wrongful death case on your hands, contact Petrov Law Firm right away by dialing 619-344-0360. Our empathetic attorneys will help you to receive the full compensation you deserve for your tragic loss.

Safety Tips for Bicyclists in San Diego, California

Bicycle accidents are common in California, and the best way to survive an accident is to know how to avoid one. Here are a few tips to help you be safe whether you use a bike for your daily commute, for recreation purposes, or to get a little exercise.

3 Ways to Ride Safely

In most cases, the driver of the car is at a fault when a car and a bicycle are in an accident, but here are a few ways to be more visible to motor vehicle drivers and protect yourself.

1. Always Ride with Traffic – While pedestrians should always use sidewalks and walk toward traffic if possible, cyclists share the road with cars and need to observe normal traffic laws. This includes riding on the right side of the street. Stay as far to the right as possible and use bike lanes when they are available. Watch out for cars parked alongside the road as a door may swing open unexpectedly.
2. Be a Defensive Driver – Be on the lookout for dangers and try to assume that most drivers will not see you. You should never expect a car to give you the right of way, even when they legally should.
3. Wear a Bicycle Helmet – Whether required by law or not, a bike helmet is the best way to protect yourself in the case of an accident. Most cyclist injuries and deaths are due to head trauma. Be sure to wear your helmet, even if you are just going to the store down the street.

If You Are in A Bicycle Accident

The personal injury lawyers at Petrov Law Firm take the rights of cyclists seriously. If you have been injured in an accident, we’re here to help. And in the event of a tragedy, we can help surviving family members to pursue due compensation in a wrongful death suit. Call 619-344-0360 to schedule a consultation today.

Should I Accept an Insurance Settlement After a Slip and Fall Accident?

Why Insurance Companies Offer Settlements
The idea of the settlement is to make things go away quietly and without the introduction of an experienced lawyer. These settlements are usually on the low end of the compensation due. It is just enough money to be enticing to the injured person. However, it is always a good idea to have legal counsel review any documents before you sign them.

Once you sign and accept a settlement, you can’t seek more damages later. If it turns out your injuries were worse than you thought or you end up losing your work over the injury, you won’t be able to go back and renegotiate a better deal. You may even find out that people in similar situations have received many times more than what you settled for.

Speak to One of Our Slip and Fall Attorneys First
Contact Petrov Law Firm at 619-344-0360 before you sign any papers. Our experienced personal injury lawyers can help you to get the full compensation you deserve for your injuries. This will allow you to care for expensive medical bills, and to not be hurt by time missed from work and even lost future work.

Insurance Claims in a Fault State

What Does a Fault State Mean?
Basically, in a fault state, you can choose to file an insurance claim with your own insurance company, but you also have the option to pursue the claim through another driver’s insurance if that other driver was at fault in the accident. You can also file a lawsuit against the driver who was at fault.

What This Means When It Comes to Accidents in California
First of all, when you live in a fault state for insurance, you should never admit fault at the scene of the accident. That includes apologizing to the other drivers since an apology can be admissible as an admission of fault. Therefore, while you should stay calm and be polite at the scene of the accident, you should strive to stay out of earshot of other drivers when speaking with your insurance company or law enforcement.

This also means that if the other driver is at fault, you have a number of ways to seek compensation for property damage and personal injury damages. In this regard, it is important to have an attorney in your corner who understands California personal injury law well. The attorneys at the Petrov Law Firm have the knowledge and experience that you want in your corner. Contact us today to set up a consultation.

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.