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Why Every Bicycle Accident Needs a Witness

Thursday, January 19, 2017

Being hit while riding your bicycle can be a pretty traumatic experience, and with any luck, it will never happen to you. However, if it does, there are a few crucial steps that you need to take. First, you should make sure you are relatively okay, check on the driver, and finally, you need to round up witnesses to the accident.

Typically, in a bicycle accident, it isn’t very hard to find witnesses. Many people who see the accident will either be stopped or will have come up to check on you. However, what then? Don’t ask them to stop and wait for the police with you. They have places to be. If they were gracious enough to agree to be your witness, be sure to ask them for their name and contact information as well as a written description of what they saw happen. This is often a step that slips most people’s minds after a cycling accident, but witnesses can make or break a case.

An unfortunate reality in our society is that the laws are skewed toward motor vehicles. Even if a car blatantly hit you on your bicycle, their lawyers may be able to nitpick every little thing that you were doing that day as a breach of road rules. By having a witness and multiple written statements, what happened that day is pretty clear cut, which is something that every injured person deserves.

If you or someone you know has been the victim of a cycling accident in the Los Angeles area, contact us today. The lawyers of Freeman & Freeman specialize in personal injury cases and are dedicated to fighting for your justice.

What Damages Can You Seek for Traumatic Brain injuries?

Thursday, January 12, 2017

If you or someone you know has endured a traumatic brain injury, you may be entitled to seek damages, providing the accident was not your fault. However, unlike other accidents, many don't know exactly what damages they can seek for a brain injury.

Loss of Earning Capacity

This is typically the first sort of damages that should be sought after a brain injury. It has been found that those who suffered a brain injury often retire up to 15 years sooner because they typically have trouble focusing, controlling anger, retaining key memories, and suffering from fatigue. Taking that into consideration, you may be able to receive damages because you had to take a lower paying position and your working years may have been cut short.

Life Care Damages

If you have suffered a traumatic brain injury, there are a number of costs that come with the injury. This includes physical therapy, medications, surgery, and time spent in the hospital. If the injury was not your fault, you should not be left with these bills.

Pain and Suffering

Pain and suffering can be difficult to calculate, as can its close cousin loss of enjoyment of life. In some court districts, experts on pain and suffering aren't even allowed to testify, but when they are, they present a number of economic statistics that prove that your quality of life has been diminished by a certain percentage.

If you or someone you love has been a victim of a brain injury, don't go after damages alone. With a good personal injury attorney, you can get so much more and we can assure that you win. Contact us today to see what potential for a case you have.

What Classifies as Wrongful Death?

Thursday, January 05, 2017

When someone close to you dies, it always seems "wrong," but that doesn't mean that is classifies as wrongful death. If they slip away slowly after years of sickness, it is devastating, but it is not a wrongful death. However, when a loved one passes away, it is not always so cut and dry. If you believe that a death of a loved one classifies as wrongful death and thus entitles you to legal action to help cover their medical bills and funeral fees, there are three simple situations that are applicable for a wrongful death suit.

When the Victim is Intentionally Killed

If your loved one was the victim of a murder, that classifies as wrongful death. A good example of this is the case against OJ Simpson. Not only was he put on trial for murder, but also the wrongful death of his wife, Nicole Brown Simpson, and Ronald Goldman. As the death was perceived as intentional, it was easy to classify.

When the Victim Dies Because of Medical Malpractice

If a doctor failed to diagnose a condition or they were careless in the level of care needed for a condition that resulted in death, not only can a malpractice suit be brought against them, but a wrongful death suit as well.

Car Accident Fatalities Caused By Negligence

If there is a car accident that resulted in the death of a loved one that was caused by the other driver's negligence, you can also bring a wrongful death suit against the offending driver.

While there are several other situations that can fall under wrongful death, you shouldn't have to research them on your own. If a loved one of yours has passed, you deserve time to grieve. Contact us today so that we can build your case while you spend time with your family.

Truck Accidents: Jackknifing Is A Major Concern As The Weather Turns And Roads Get Wetter

Thursday, December 29, 2016

With winter weather coming, you can expect the highways to get slicker and harder to navigate. You can also expect to see something else: more jackknifed 18-wheelers leaving injured people in their wake. Learn more about why this specific problem happens and what you should do if you become a victim of someone's carelessness.

What are the dangers of a jackknifed truck?

When an articulated vehicle has a cab attached to a trailer in the back by a jointed hitch, a driver that loses control of the truck can end up with the trailer folded up at a right angle from the cab, like a partially open jackknife. This can end up causing chain reaction accidents among vehicles anywhere in the truck's wake. The truck can even force smaller vehicles off the road or smash into other vehicles in its path.

What causes a truck to jackknife?

Most of the time, jackknifing is caused by nothing more than wet roads and driver error. A driver who isn't prepared to hit a slick spot on the road will put the brakes down on the drive axles too hard and too fast. The drive wheels will lock, stopping the cab, while the back end of the truck continues rolling forward.

A careful driver can prevent jackknifing by staying conscious of the weather as he or she moves through different areas and watching the road ahead. He or she can also prevent the problem through basic safety measures:

  • not tailgating and generally maintaining a safe distance from other vehicles, especially in wet or snowy weather
  • breaking slowly and carefully to avoid locking the drive axles 
  • slowing down in advance of turns, bends, ramps, and curves in the road, all of which require careful deceleration of the vehicle 

In addition, an experienced driver who realizes that his or her vehicle is swinging out of control should know to aim for the burn of the road, away from other vehicles, in order to minimize the potential injuries to others.

Why should you consider talking to an attorney?

Inexperienced drivers and negligence are the primary causes of jackknifing, which means that the truck driver and trucking company failed to take reasonable precautions to ensure the safety of others on the road. Other causes can include mechanical failure, which may indicate that the trucking company hasn't been properly caring for its vehicles, and loads that are improperly packed, which shift suddenly or provide too little traction on the back half of the truck.

If you're injured due to a truck that jackknifed, you may be suffering from serious injuries that can take a long time to heal or alter your life forever. In order to receive fair compensation, talk to an attorney who is familiar with the complexities of truck accidents and their causes. You may have to press a lawsuit against more than one person or company in order to be fairly compensated in the end.

What Damages are Available to Burn Injury Sufferers?

Thursday, December 22, 2016

It has been some time since it happened, but the United States (if not, the world) will all still remember one of the most famous personal injury cases of all time - the McDonald's "hot coffee" incident. In this case, a woman sued the fast food company after she was severely burned from spilling their hot coffee on her lap. It was a media circus with much of it shaming the victim because, well, coffee is supposed to be hot, right?

What they failed to address is that McDonald's keeps their coffee at a temperature of up to 190 degrees, making it way too hot for human consumption and way hotter than it needs to be. Essentially, by creating coffee that was too hot to drink, this lady had herself a case.

Initially, the woman offered to settle for $20,000 to keep the case out of court. This would have been enough to cover her significant medical bills and some lost wages from a time where she couldn't work due to the injury. McDonald's counter it with an insult of $800. After her attorneys pushed forwards to court and made the case of McDonald's negligent and reckless behavior, she ended up with $3 million dollars in punitive damages.

In a burn injury case, the injured party can and should seek damages for medical expenses, lost wages, and pain and suffering they had to endure for such a horrific injury. When the other party has shown negligence and recklessness, that McDonald's case sets the precedence for punitive damage as well.

If you have been the victim of a severe burn injury and aren't sure what you are entitled to, contact us today.


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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.