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Personal Injury Blog

Can an Animal Rescue Be Liable For a Dog Bite?

Thursday, November 15, 2018

When it comes to the city or state-run animal control, their business is to take dangerous animals off the street to prevent various issues, namely animal attacks. However, you also have groups working independently of the government to re-home dogs and other animals found on the street or in neglectful situations. These groups have the benefit of being able to place dogs and other animals with loving homes and also removing them from shelters in which, if not adopted in a certain amount of time, they will be euthanized.

Dog Bites

Unfortunately, while dangerous animals can be rehabilitated in many cases, it takes time to do so. During this time, there is the potential that they could lash out violently and hurt someone. If you were the victim of a dog bite by an animal that was under the care of an animal rescue group, can you hold those groups liable for the attack?

The answer, in most cases, is yes. As there is always the potential for any dog to bite someone this means that rescue groups need to take the time to protect themselves from what could very well be not a possibility, but an eventuality. In the larger animal rescue group, you will find that they have insurance to protect the group in case of an animal bite. If a dog bites someone, whether it is a worker or someone looking to adopt a dog, the insurance will be there to pay for the medical bills of the victim. However, if you are dealing with smaller animal rescue groups, they may not have the insurance, but you still retain the right to file a personal injury lawsuit.

Who's Liable?

While you maintain the right to pursue a personal injury suit against an animal rescue group, you must also realize the certain reality of doing so. Animal rescues, particularly small ones, run on a limited budget. Typically, this is the reason they did not have insurance in the first place. Often one bite and the impending lawsuit will unravel the organization. For some, they may choose not to pursue a lawsuit because it would likely mean the end of that particular rescue. However, dog bites can be more than just simply bites. They can be vicious attacks that require extended medical treatment, even plastic surgery to rectify. In these cases, there is no question who should come first – the victim.

Personal Injury

A personal injury suit against a group is much like a personal injury suit against an individual. You must first prove that the organization was liable for the injury. If the animal had attacked you on the animal rescue's property, they had the responsibility for making sure it was secured. However, it needs to be proved that you did not actively provoke the animal either. As they were harboring the animal, the organization has the responsibility to actively work to prevent attacks.

As for who to file the personal injury lawsuit against, you may not be filing it against the animal rescue group as a whole. Often these groups work on donations and have very little if any, profits from it. Instead of filing against the group as a whole, it is likely you will be filing the personal injury lawsuit against the person in charge of the group such as a leader or a founder. This is generally why many animal rescue groups insist they have insurance because a personal injury lawsuit against an individual is damaging financially.

If you have been bitten by a dog, whether it was held by an animal rescue group or just a private owner, contact us today. The Law Office of Freeman & Freeman can help get you the compensation you deserve for your injury.


Seeking a Personal Injury Suit on Behalf of a Child

Thursday, November 08, 2018

All parents never hope they have an injured child. It doesn't matter the injury either. If they fall off the monkey bars and break their arm, it can be just as terrifying as a child getting hit with a car. However, if a child has been injured in an accident due to someone else's negligence, it is something that affects the whole family. A parent may have to amend their schedule to take care of a child, siblings may need to change plans or may be overlooked by parents, and of course, the child themselves may end up missing school. So if a child has been injured in an accident, they, too, deserve justice and compensation for their injuries even if they aren't part of the working class yet.

Personal Injury

There are many who think that personal injury suits are only worthwhile if your ability to work has been compromised and you need to pay your medical bills. However, for a child who doesn't work and doesn't pay their own medical bills, parents might not think to pursue a personal injury case for them. However, a parent will still have to pay those medical bills even though another caused the accident. Furthermore, accidents are incredibly traumatic even for adults. Your child may suffer disfigurement or emotional trauma that will need to be treated. As a parent, it is your responsibility to treat these issues, but it should not be your responsibility to pay for them if another caused the accident.

Injury Claim for a Child

When it comes to filing a personal injury claim for a minor aged child, it works much the same way as if you were filing a claim for yourself as an adult. You will speak with your lawyer and get the whole process rolling. Much like in an adult claim, your case hinges on if the negligence of another was the cause of the accident. If your child ran into traffic, for example, your personal injury suit won't likely be successful.

There is also one more important distinction when it comes to personal injury cases for minors – time. The statute of limitation in which you can file a personal injury claim for a minor is different compared to an adult. You actually have much longer than you would have for an adult. If an adult were injured, they would have two years to file a claim before they would be barred from doing so. However, a parent of a minor, or a minor themselves later, has until two years after their 18th birthday to file a personal injury suit. This means, if a child is injured when they are 17, their parent can file a claim or the child can wait until they turn 18 years of age and file the claim themselves. Of course, the longer one waits to file after an accident, typically the weaker their case will because due to loss of evidence and witnesses.

Get Help

If you are the parent of a child injured in an accident, you will likely care more for their health over anything else. However, nursing an injured child back to health is expensive, and it is a bill that you shouldn't have to pay yourself. Some parents may innately think that a minor can't have a personal injury case, but it simply isn't true. With the help of a lawyer, it isn't much different than an adult personal injury suit.

If you have a child who was the victim of an accident due to another's negligence, contact us today. The Law Office of Freeman & Freeman is dedicated to helping injured people, even children, get the compensation that they need to get back on their feet.


Can You Seek Compensation For Burns From Laser Hair Removal?

Thursday, October 04, 2018

When it comes to excess hair, some may be able to get by with shaving or waxing it away, but others choose to undergo a cosmetic procedure known as laser hair removal. In this procedure, a technician will use a special laser that is designed to heat hair follicles to remove hair. While the results are temporary, it removes unwanted hair longer than other alternatives. Unfortunately, where there is heat, there is always the potential for burns if enough care is not given.

Laser Hair Removal

The issue with this procedure is often the equipment used. These days, the use of an Intense Pulsed Light machine is becoming more common in laser hair removal facilities and spas. It creates heat faster, and thus gets the job done faster. However, it also creates the opportunity for burns as well because it heats up faster. This means if not enough care is given, it can cause pain and scarring from burns.

Those who go for laser hair removal can put themselves at risk for second or even third-degree burns. Second-degree burns result in the blistering of the skin as well as redness and soreness. Sometimes first-time patrons can think this is just part of the procedure, but it isn't. When it takes two to three weeks for second-degree burns to go away, that definitely isn't normal and you shouldn't just "live with it."

Of course, far worse are third-degree burns that penetrate all layers of the skin. You can find yourself with nerve damage, impacted blood flow, infection, and not to mention the charred or leathery appearance of the affected skin that often results in scarring. For the most serious third degree burns, you may even need a skin graft to heal the damage.

Safe Hair Removal

Fortunately, very serious burns from laser hair removal are not common, but minor burns can be. It is all about how the laser is used and how much care is given when it is. If you have been injured during a laser hair removal, in most cases, injuries result from the lack of care given by the technician. It is the technician's job to make sure that the hair is not only removed, but it is done in a safe way without injury.

Often for those who suffered burns from this sort of cosmetic procedure, they discover that the technician was not following the proper procedure, which was designed in order to prevent injury. If this is the case then they or their employer can be on the hook for any damages. However, in some cases, a machine malfunction may be responsible. In these cases, you will be able to go after the manufacturer as well as possibly the technician because they did not see the malfunction and thus did not stop it before it caused damage.

Do I Have a Case?

In cosmetic burn cases, you can recover compensation for the cost of your medical bills, rehabilitation, and emotional distress caused by the scars or pain. However, because there is often a lag between the treatment and any legal action, it is best to photograph the injuries as they happen and heal as evidence for your case. There is nothing that sways opinion better than being able to see the pain you had to endure.

If you have been burnt, whether it be from a cosmetic procedure or from any other accident, contact us today. Burns are some of the most painful injuries that you can endure, and you should not be stuck with the medical bills for it. Let us help you get the compensation you deserve so you can focus on healing instead of how you are going to pay for the healing.

Personal Injury: Watch What You Say on Social Media

Thursday, September 13, 2018

If you're involved in a personal injury case, then you already know you have to be careful with what you say, and what you do. However, in the age of social media, it's more important than ever for you to be careful with what information you let slip out into the world. Because all it takes is a photo, a status, or a few errant comments to do serious damage to your personal injury case... especially if the other side gets hold of that information, and brings it up in court.

The Possibility Of Harming Your Case

As soon as you bring a personal injury case, the other side is going to look for holes in your argument. Even if you have been injured, and that injury is affecting your life in meaningful ways, they will still look for mitigating circumstances to avoid either responsibility or to argue that your injuries aren't as bad as you make them out to be.

As Gordon and Gibson point out, social media provides people with a window into your life. As such, any errant comments you make, or pictures you're tagged in, could be dragged into the case. As an example, say your back has been injured, and that's the subject of your case. If you post about helping a friend move, that could be used to call your injuries into question. Now, you might have a reasonable explanation (you just wrapped plates, and did no heavy lifting, for example), but that can still cast aspersions on your claims. And there's no reason to make the case tougher than it already is.

Anything you say on social media might be taken out of context. If you meant a statement as a general regret that you were in an accident, the other side might claim it's an admission of fault. If your mother makes comments about your case out of frustration on your behalf, then you might find your confidentiality in tatters if you shared case details with her. Even if you're just too active on the Internet, and you seem "too normal" that could be used to back a claim that your injuries are not as bad as you claim they are.

How Do You Avoid All This?

So how do you maintain your privacy in such a connected, technological world? Well, the most important thing for you to do is to take a deep breath, step back from your regular social media activity for a moment, and ask yourself if what you're about to say, do, or post could be taken out of context by the other side of your case. Then ask how someone who doesn't know you might see the comments you're making, or the activities you're part of. Because you won't be pleading your case to friends and family, but to a judge, and possibly to a jury.

Most of the time that means you won't be doing a lot of posting on social media. At least not until after your claim is resolved. You should be suspicious of friend requests from people you don't know, and you should keep as much information about what's going on between yourself and your lawyer as possible. You don't have to go completely dark, but you do need to think carefully about what you're putting on Twitter, Facebook, or your other social media pages. Because the last thing you want to see when your case is being decided is the opposition bring up something you said in innocence, and to use your own words to try to discredit the very real injuries you've sustained.

For more advice on how you can avoid jeopardizing your personal injury case, simply contact us today!


Necessary Evidence in Personal Injury Cases

Thursday, May 10, 2018


A workers' compensation claim is a civil lawsuit. In all but the most blatant and obvious cases, the defendant is going to engage legal support to show that your claim is frivolous. As in all civil legal actions, you will have to have evidence to present to the hearing.

The evidence you have received, necessary medical attention and rehabilitation.

There are certain ironies in the workers' compensation system. The system is designed to compensate you for the cost of treatment for your injury. If you have not received treatment or you can't afford treatment, the workers' compensation system will not compensate you. The best advice is to receive medical treatment and begin rehabilitation immediately after the injury. If you have not received treatment, the system will assume that treatment was not necessary.

  • The most important documentation you need is not the diagnostic information, but evidence that you have received and paid for treatment for the injury.
  • Financial information associated with the cost of treatment is the most significant evidence. 
  • After cost evidence is evidence of income loss due to your injury.
  • Medical status reports that show how far you have progressed with treatment and how much additional treatment you will require. The workers' compensation law calls for payment to continue until you have achieved full recovery.

What kind of evidence do you need?

The evidence you present to the hearing must be substantive documentation. Begin collecting written documentation right away.

  • Medical records and reports from a medical professional that describe the nature of your condition, how much it affects your ability to function normally, how it is being treated and how much you have recovered. The effort to get help for your condition is the most substantial evidence that you deserve benefits to compensate you.
  • You should collect and have available any accident or incident reports that describe how you were injured or what brought about your disabled condition. Your insurance company, the police, or another investigating body will probably have detailed records.
  • Employment and pay records to show how much income and work hours you have lost because of your condition. Worker's compensation is designed to provide you with income to make up for losses due to your condition. You must support the claim to define just how much income you have lost.
  • Collect witness testimony from anyone who saw the incident that caused the injury. At least get their contact information so the hearing can obtain their statements. It is desirable to have all witnesses write, sign and date statements that explain what they saw in as much detail as possible.
  • Print and keep all emails from insurance adjusters or from your employer relevant to your injury. You can initiate phone inquiries to people with knowledge of your case as well. Keep a log of any calls you make with date and time of the call, who you spoke with and the nature of the conversation. You have to make sure that you can prove you have upheld your implicit agreement to stay in contact with your insurance company and interested parties in your case.

What Could Happen?

Sometimes workers compensation cases can actually be legal contests. 

  • In one case, a worker injured the discs in her spine while working in an office environment. She received and documented back fusion surgery for which her insurance company paid. She received weekly workers' compensation while out of work. Her total compensation amounted to about $17,000.  This payment did not reflect her real continued losses. She was receiving a weekly payment less than her wages would have been. The impairment rating from the doctor the company used in her case underestimated the extent of the injury. She took legal action to buttress her case. After a legal battle, the compensation was increased to $130,000, which more nearly matched her real losses due to the injury.
  • A construction worker fractured his arm at work. The company told him they would "take care of him" and that he should not report this as a work-related injury. He told the hospital that he injured his arm at a sport. As he recovered, he found he was receiving no weekly income support and no one was paying his medical bills. Because of his statement, the hospital records did not support his workers' compensation claim. The worker contacted legal counsel who worked with him to find witnesses, obtaining depositions that would hold up in court about the incident and records of his treatment and costs. Eventually, the employer and its insurance company were obliged to pay the complete medical bills and provide weekly compensation.

Freeman & Freeman, Los Angeles personal injury attorneys are on your side in even the most challenging legal situations. Our Los Angeles personal injury attorneys focus on representing injury victims throughout Southern California.  Please contact us for a free consultation and to learn more.



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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.