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Personal Injury Blog

Liability in Weather-Related Car Accidents

Thursday, January 17, 2019

There are a lot of factors that can cause a car accident. It could be because a driver was texting. It could because a driver was drunk. It could even be because the driver was thinking so hard and got caught up in their own thoughts. However, on occasion, it could be because the driver couldn't see because it was literally raining sideways or some other weather-related incident was taking place. When the weather causes a car accident, it can be a difficult situation when it comes to placing the blame so that those involved can get compensation.

Is It Your Fault When You Drive in Bad Weather?

The unfortunate reality is that when you go out on the road, you are expected to take "reasonable care" of your own safety. This means if road conditions were too unsafe to drive, they can place fault of an accident with you because you made the conscious choice to drive on them. You should have known that it was too unsafe to drive and should have gotten off the road. This is such an unfair thing to hear, but if your accident was caused by weather, you should get ready to hear it. So if you couldn't see because it was raining, if you swerved and hit another driver, you would be at fault for that accident without question. It was you that caused it, and not so much the weather.

While that seems rather unfair, you are burdened with the decision to get off the road or continue driving. By making the choice to just soldier on, you must deal with the consequences. Furthermore, if the weather was a known event and not unexpected, this further supports the fact that you chose to go and drive in it instead of staying off the road until it stopped.

Shared Fault in Weather Accidents

In weather accidents, often both parties can contribute to the crash. While the driver at fault will still probably be held liable, others can share some fault too. When the weather gets bad, drivers are expected to:

  • Drive at a reasonable speed, even if it is below the posted limit
  • Follow other vehicles at a safe distance
  • Take action to avoid accidents

If a driver was riding your bumper and you had to stop suddenly, your stopping technically causes the accident, but they were also not giving you a fair amount of space. As such, they share the fault for the accident. In fact, in that situation, they may be held fully at fault for it.

When a Driver is Not at Fault in Weather

While rare, there are some situations in which the driver that actually caused the crash is not at fault. Say, for example, that a giant wave came over a coastal road and pushed your car into the other lane. This caused a multi-car wreck. However, this situation would be considered an act of god, something that no one could have anticipated. This frees the driver from liability for causing the crash.

Need Help?

If there is one thing to take away from a weather-related car accident, it is that the person who caused the crash is likely the one to be held liable. Unfortunately, you cannot get compensation from the weather, so holding them to blame does nothing for anybody involved.

If you have been in an auto accident in the Los Angeles area, whether it was weather-related or not, contact us today. We can help you get the compensation that you deserve as well as help to limit your own liability if necessary.

Burns as the Result of a Poorly Trained Stylist

Thursday, January 10, 2019

Burns as the Result of a Poorly Trained Stylist

Every day thousands of people put their hair and more in the hands of a professional hair stylist so they can look good. Whether it is just a quick wash and set or a speedy waxing, things can go wrong, and if they do, it can leave very visible injuries. While most hair stylists attend cosmetology school, this is roughly just a few months of lessons. For some, they may not graduate with all they need to provide you a safe experience at the salon. Unfortunately, the hair salon can be a dangerous place when you are in the hands of an inexperienced stylist, but they can be held liable for these serious injuries.

Injuries From Hair Salon Negligence

With luck, you will never need to know all the many ways you can get hurt at the salon. However, with an inexperienced stylist or even a salon that doesn't give proper care, you very, unfortunately, could find out. Salon injuries include:

  • Curling iron burns to the scalp or skin
  • Burns from the hair dryers
  • Burns from hot wax heated beyond recommendations
  • Chemical burns from dyes and other products
  • Slips on wet or debris-covered floors

To many, the worst thing that can come out of the salon is a bad haircut or a terrible dye job, but all of the above can have a much more lasting effect. However, the good news is that if you were hurt at the salon due to the negligence of another, you have the right to compensation through a personal injury suit.

Proving Hair Salon Negligence

Hair salon cases can be difficult. Often if it is just a small burn on the scalp, many personal injury lawyers will let you know that your case isn't really worth it. However, many injuries can be very visible and may even need surgical intervention to rectify. For these cases, typically they will be stronger not only because you have very visible injuries, but because it will likely be easier to prove a breach in duty of care.

For a successful personal injury case against a salon, which will generally cover the liability of their workers, you need to prove that the employee in question failed to follow directions or the reasonable safety standards of their peers. This can come in many forms, including witness statements from the time of the accident or security camera footage. One of the most crucial pieces of evidence to your case, however, is pictures of the injuries. The thing about injuries is that they tend to heal, so courts will not get an accurate picture of how badly you were hurt unless you document those injuries soon after they happen. Evidence for every incident is different, and thus it is best to consult with your lawyer after seeking medical treatment.

Once treated and making the decision to pursue a personal injury case, it is important to keep documentation of all medical treatment. Personal injury cases are designed to cover your medical bills, but if you don't have records of all these treatments, it can be more difficult to get accurate compensation. After being injured at a salon, you can also receive compensation for future medical expenses, pain and suffering, as well as a loss of income while you recovered from the injury.

Need Help?

Have you been injured by a hair salon or other spa-type business? Whether you were hurt due to an inexperienced employee or by malfunctioning equipment, we can help you. For those in the Los Angeles area, contact us today to see what the Law Office of Freeman & Freeman can do for you.

You Have a Strong Case, But A Lawyer Won't Take It

Thursday, January 03, 2019

You don't have to be educated in the law to know what makes a strong accident case. If you were in an accident that was not your fault with your vehicle totaled, it looks like you have a pretty solid case. However, when you take it to a personal injury attorney to get your injuries and other damages covered, they turn you down. For most lawyers, they will explain why they won't take your case. However, sometimes that answer isn't really enough to satisfy you. 

So why isn't a personal injury lawyer taking your case?

In some instances, a law firm may simply be too busy to take your case. In fact, if you don't get a yes, this is the answer you want. No one wants a law firm that is technically too busy to try and take their case. It won't get the attention that it deserves.

However, aside from that very reasonable excuse not to take on your case, the main reason is that your case isn't as strong as you think it is. Even if you know that it is not your fault, legal cases are all about being able to prove it. The biggest reason that a law firm won't take your case is that they don't think they can prove it, or it would be too much of a challenge to do so.

The law firm would be responsible for presenting evidence that supports the fact that the accident was both not your fault and caused your injuries. For most accident cases, this isn't as hard. They will gather witness statements, examine police reports, and often evidence can be gathered from simply examining the scene of the crime.

Another big issue comes with proving how much you were hurt. If you were in an accident other than an auto accident, compensation comes from covering your injuries. However, they will need to prove the extent of those injuries. This is where problems can come from. Certain injuries, such as spine or head injuries, can be very tricky to prove. Furthermore, they can be worse than anyone imagines, so it is difficult to prove and get adequate compensation for them.

What does all this have to do with a lawyer not wanting your case? 

 The reason is simple: they don't want to lose. Some lawyers get paid only if they win, so if they don't win then that case has been nothing but a waste of time. Even if a lawyer does get paid for their time even if they lose, fighting a case that is extremely difficult may not be worth their time either. It means they have less time for other cases and it is a detriment to their firm.

If you have had your case denied by a law firm, it is not the end of the world. However, if you have had your case denied by several law firms, there is usually a reason for it. It is too difficult to prove and too difficult to win. However, in these cases, it may be tempting to give up. Yet, for those in an accident, giving up on their case may not be an option. You need that compensation for expensive medical bills and you need a lawyer that will help you fight for it.

If you have been in an accident in the greater Los Angeles area and need a lawyer that is willing to fight for your case, contact us today. The Law Office of Freeman & Freeman is ready to help you go over your case as well as to point out any specific problem areas that may occur.



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