North County Personal Injury Blog

A 47 year old pedestrian was awarded $6 million recently following a November 27, 2007 accident involving a full-size pickup truck.  The pedestrian suffered a fractured right humerus in his dominant arm, a fractured left clavicle, a fractured left wrist, five fractured ribs, a fractured skull, shoulder fractures, and developed a seizure disorder and cognitive impairment.

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On April 23, 2009, a San Diego Jury Awarded $5,080,297 After an Eight Day Trial in San Diego Superior Court.  The Plaintiff/Driver sustained mild traumatic brain injury in rollover accident when his motor vehicle was struck on Mission Road in Fallbrook, California.  Defense disputed liability up until one week prior to trial as it claimed that Plaintiff was not wearing his seatbelt and was ejected during the rollover.

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 Boating and personal watercraft (Jet Skis and Sea-Doos) accidents often occur due to negligence. They can result in serious and sometimes deadly injuries. There are many different types of water sport accidents, including accidents that occur during recreational activity, on a cruise ship, navy vessel, or via maritime work. Regardless of the type of boating accident involved, a boating accident lawyer specializing in personal injuries from boating and watersport accidents can help recover any damages lost as a result of the accident.

If you or a family member has suffered personal injury as the result of a boating or personal watercraft accident, the attorneys at DMLG can help you.  No matter where in San Diego County you live, we have the experience and legal acumen to help you and/or your loved one.

FREE Case Review 
Contact Us now for a FREE conversation about your boating or personal watercraft accident case. There is no obligation to hire a lawyer.  We are usually retained on a contingency fee basis. There is no fee until our attorneys successfully recover fair compensation for you.

Boating & Personal Watercraft Accident Statistics

Boating Accidents at a Glance
The Coast Guard received reports for a total of 6,419 recreational boating accidents in 2001. The casualty data for 2001 showed 681 fatalities and 4,274 injuries.

Life Jackets & Risk of Dying in an Accident
Four hundred and ninety-eight (498) boaters drowned in 2001. Life jackets could have saved the lives of approximately 420 boaters who drowned. In 2001, approximately eight out of every 10 victims in fatal boating accidents were not wearing life jackets. Boaters continue to be at a greater risk of dying when involved in an accident during the fall and winter months than in the summer. Besides the colder weather and water, there are fewer boaters and patrol officers in the area to rescue boaters in distress. When waters are below 60 degrees Fahrenheit, hypothermia can set in quickly. Those who hunt and fish from boats, especially in colder weather, need to dress for possible immersion and wear their life jackets. Boaters in larger bodies of water should also take advantage of using available distress alerting and position indicating technologies to improve their chances of survival if a mishap occurs.

Fatalities by Known Boat Length
Eighty-five (85) percent of fatalities occurred on boats less than 26 feet in length. Seventy-two (72) percent of those victims drowned. Specifically, 322 fatalities occurred on boats less than 16 feet in length and 254 occurred on boats 16 to less than 26 feet in length.

Alcohol Involvement in Fatal Boating Accidents
Alcohol involvement in fatal accidents accounted for thirty-four (34) percent of all boating fatalities — up eight (8) percent from 1999. A Coast Guard study estimates that boat operators with a blood alcohol concentration above .10 percent are estimated to be more than 10 times as likely to be killed in a boating accident than boat operators with zero blood alcohol concentration.

Fatalities by Known Boat Operator Education
Approximately eighty (80) percent of all boating fatalities occurred on boats where the operator had not completed a boating safety education course.

Accident Causes
Nearly 70 percent of all reported accidents involve operator controllable factors. The primary causes of accidents are operator inattention, careless/reckless operation, operator inexperience, operating at an unsafe speed, and no proper lookout.

Types of Boating Accidents
“Capsizings” and “Falls Overboard” accounted for 386 fatalities, nearly sixty (60) percent of all reported boating fatalities. Nine out of every 10 of those victims drowned . “Collision with Another Vessel” was the most reported type of accident . These accidents resulted in 1,366 injuries and accounted for nearly nine (9) million dollars in property damage.

Age of Boating Fatality Victims
Twenty-six (26) children age 12 and under lost their lives while boating in 2001. One hundred and thirty-seven (137) boaters died in the 40-49 age group category — the highest number reported for any age group.

Types of Casualties By Types of Vessels
Three hundred and fifty-two (352) fatalities occurred with the use of open motorboats, just over half of all boating fatalities. One hundred and one (101) people lost their lives while using canoes/kayaks in 2001. Approximately ninety-three (93) percent of canoe/kayak deaths were caused by drowning. Fifty (50) fatalities occurred with the use of Personal Watercraft (PWC), the lowest number of PWC fatalities reported since 1993. Approximately eighty (80) percent of all reported injuries were associated with the use of open motorboats (46%) and PWC (34%). Lacerations were the most reported type of injury for open motorboats. For PWC, broken bones were the most often reported type of injury.

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Elder abuse is a real problem.  Because the nursing home industry has become a multi-billion dollar business comprised of major corporations, in some facilities profitability has become more important than administering proper care. Reports state that 30% of nursing home facilities are cited for instances of abuse. For this reason, both federal and state governments have introduced legislation to protect residents of nursing homes.

Nursing home negligence or abuse can have tragic results such as nursing home deaths, falls resulting in broken bones, malnutrition, dehydration, decubitus ulcers and residents wandering off the nursing home premises and stepping into harms way.

If a nursing home has failed to administer reasonable care in a professional and compassionate manner, and if someone you love has suffered from inadequate care, you may be entitled to compensation. It is important to thoroughly understand the warning signs of potential nursing home negligence.

If you or a family member has suffered due to nursing home neglect, the attorneys at Del Mar Law Group, LLP can help you. 

FREE Case Review
Contact us now for a FREE conversation about your elder neglect case. There is no obligation to hire a lawyer.  We are usually retained on a contingency fee basis. There is no fee until our personal injury attorneys successfully recover fair compensation for you or your loved one.

Nursing Home Abuse Warning Signs

If you see any of the following signs of elderly abuse in nursing homes, they should be immediately investigated:

• Unexplained bruises, cuts, burns, sprains, or fractures in various stages of healing.
• Bedsores or frozen joints.
• Unexplained venereal disease or genital infections; vaginal or anal bleeding; torn, stained, or bloody underclothing.
• Sudden changes in behavior.
• Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident.
• Staff not allowing resident to be alone with visitor.
• Resident being kept in an over-medicated state.
• Loss of resident’s possessions.
• Sudden large withdrawals from bank accounts or changes in banking practices.
• Abrupt changes in will or other financial documents.

In addition to these 10 warning signs, elderly abuse in nursing homes can occur on all different levels.

• Mental Elderly Abuse
• Fear, agitation, hesitance 
• Depression, withdrawal 
• Sudden behavior changes 
• Unusual behavior patterns 
• Unwillingness to communicate 
• Disorientation, confusion 
• Unjustified isolation 
• Rude, humiliating, derogatory comments by staff 
• Specific complaints by residents 
• Physical Elderly Abuse 
• Wounds, cuts, abrasions, burns 
• Bruises, welts, swelling 
• Broken bones, sudden inexplicable weight loss 
• Unexplained/hidden injuries 
• Unwarranted restraints (either physical or chemical)

Specific complaints by residents 

• Bed sores (decubitus ulcers) 
• Unsanitary environment 
• Malnutrition, dehydration 
• Smells of urine and/or feces 
• Unkempt appearance 
• Poor personal hygiene 
• Untreated medical condition 
• Specific complaints by residents exploitation/Financial Abuse 
• Sudden, unjustified selling of property 
• Missing/stolen money or property 
• Radical changes in handling personal/financial affairs
• Specific complaints by residents

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Road accidents, including motorcycle accidents, typically occur because of negligence. Motorcyclists are especially susceptible to accidents because motorcycle drivers are often overlooked by other drivers because of their size.  Often times the injuries received in a motorcycle accident are serious, long-lasting and catastrophic because the motorcycle operator does not receive adequate protection from serious injury like the operator of an automobile does.

There are a variety of laws regarding motorcycle accidents, so if your are involved in a motorcycle accident it is a good idea to contact a lawyer with experience in motorcycle accidents. A motorcycle accident attorney will be able to properly advise you, in addition to making sure that your rights are not violated by the insurance company.

FREE Case Review
If you or a family member has suffered due to a motorcycle accident, DMLG can help you. Having experience with this type of claim, we have the skill and experience necessary to represent you. Contact us for a FREE, no obligation consultation. There is no obligation to hire a lawyer.  We are usually retained on a contingency fee basis. There is no fee until our personal injury attorneys successfully recover fair compensation for you.

Motorcycle Accident Statistics

According to the Insurance Institute for Highway Safety:

• Fifty-five percent of all reported fatal motorcycle crashes occurring nationally in 1998 involved multiple vehicle crashes and 45% occurred in single-vehicle crashes.
• Five crash types account for 86% of fatal motorcycle crashes: motorcycle runs-off-road 41%, motorcycle or other vehicle runs traffic control 18%, head-on collision 11%, car turns in front of cycle 8% and motorcycle goes down in roadway 7%.
• Forty-five percent of deaths in single-vehicle motorcycle crashes in 1998 included drivers with blood alcohol concentration at or above 0.10%.
• Nine out of 10 motorcycle deaths in 1998 were males. Seventy-seven percent of the females who died in a motorcycle crash were passengers and 98% of males who died were drivers.

Frequent Questions for Motorcycle Accidents:

• How many people are injured or killed in the United States in motorcycle accidents? 
      2,000 killed and 50,000 injured
  
• What it the main cause of death in these accidents?
      Head injury seems to be predominant in almost all motorcycle accidents
• What if a loved one has been killed as the result of an accident that was not their fault?
      A family member may be entitled to claim for wrongful death depending on the circumstances

Web Resources for Motorcycle Accidents:

California Vehicle Code

www.dmv.ca.gov/pubs/vctop/vc/vc.htm

California Highway Patrol

www.chp.ca.gov

CalTrans Road Conditions

www.dot.ca.gov/cgi-bin/roads.cgi

CHP Statewide Integrated Traffic Records System (SWITRS)

www.chp.ca.gov/switrs/

HelmetCheck.org

www.helmetcheck.org

NHTSA Studies and Reports

www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.6a6eaf83 cf719ad24ec86e10dba046

NHTSA FARS Encyclopedia

www-fars.nhtsa.dot.gov/Main/index.aspx

NHTSA Helmet Information

www.nhtsa.dot.gov/people/injury/pedbimot/motorcycle/ UnsafeHelmetID/pages/page2.htm

2008 Impaired Driving National Enforcement Crackdown

www.stopimpaireddriving.org/planners/crackdown2008/ planner/index.cfm

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Nearly 4.7 million people are bitten by dogs each year and 50% of dog bite fatalities are children under 10 years old. These dog bites range from minor injuries to serious dog maulings, resulting in bodily injury and even death.

In the United States alone, approximately 100 children are bitten by dogs every day and approximately 92 of these children will need medical attention. Statistically 15 to 20 people are killed in vicious fatal dog attacks every year. One third of all injury claims against homeowner liability policies are related to dog bites and dog attacks.

Dog bites are very common, for both adults and children. They can have serious consequences, including permanent disfigurement, nerve and tissue damage and psychological trauma. In extreme cases, they may result in death. Of course, it is not possible to know in advance whether a dog will attack — even the nicest, gentlest dogs have been known to bite.

San Diego County Animal Control sees about 300 dog bites each year.  22% of those involve Pit Bulls.

If you or a family member has suffered due to a dog attack or dog bite, DMLG attorneys can help you. Having experience with this type of claim, we have the skill and experience necessary to represent you.

FREE Case Review
Contact us now for a FREE conversation about your dog bite case. There is no obligation to hire a lawyer.  We are usually retained on a contingency fee basis. There is no fee until our attornyes successfully recover fair compensation for you.

We Handle Dog Bite and Animal Attack Cases All Over California State

Although our law firm is based in Del Mar , we have successfully handled cases throughout San Diego County. 

Library for Dog Bites & Animal Attacks:

• Dog Bites A Particular Threat To Young Children, Especially As Temperatures Rise
  Description: Young children are especially vulnerable to severe dog bites in the head and neck areas, and there is a correlation between cases of dog bites and rising temperatures, according to new research published in the March 2009 issue

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Below are some initial questions many clients have when they first contact the Del Mar Law Group, LLP. The questions below may address many initial concerns you may have. If you don’t find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.

Question #1: How much is my case worth?

Answer:   There is no magic formula or process by which an attorney can predict with certainty the amount of money a person is entitled to receive, especially where damages are awarded for subjective elements called ‘pain and suffering’ and ‘loss of enjoyment of life.’ However, our office will usually have a pretty good idea of a reasonable settlement range after your medical condition has stabilized. We rely on such factors as the extent and permanency of your injuries, the effect your injuries have had on your life, the amount and duration of your medical treatment, prior jury verdicts and/or arbitration awards received for similar injuries and my experience. Ultimately, the value of any given case is determined by the jury’s verdict after a trial on the merits.  I have written an entire report on how to determine the value of a claim.

Question #2:  How Should I Deal With Insurance Adjustors?

 Answer: If you have been in a car accident you will be interviewed by both an adjuster from your own insurance company and by an adjuster from the other party’s insurance company. Both adjusters are trying to minimize the amount of money that their company will pay. Follow this tip sheet to make sure you
do not jeopardize your personal injury claim during these phone interviews. 

Most insurance adjustors are highly trained adversaries, although most people would never think this, at least not in the beginning of the claims process. Now, most people understand that the insurance company’s job is to make money and that one way it does this is by settling claims for less than the claim is worth. Yet, most people are unaware of how sophisticated, yet simple, the methods the carrier will utilize to help it accomplish this goal. Here are some questions that often will make the insurance company squirm. No, the carrier doesn’t like it when you ask these questions because it either cannot answer the question or worse, the answer is one they do not like to hear.

Question #3: Do I really need a lawyer for my personal injury claim?

Answer: In many cases, you will benefit by retaining the services of an attorney. Some insurance companies are advertising how quickly they respond to claims. They would like you to believe that they are motivated by their goal of prompt customer service. However, think about why insurance companies would benefit by paying claims quickly. One reason they are in a hurry is to settle with someone who has yet to hire an attorney.

Insurance companies realize they have a superior negotiating position from a non-represented claimant. The unrepresented person is generally not sophisticated in personal injury law. As a result, they have no experience negotiating the value of injuries, and have no idea what their claim is worth. In the event that an agreement is not reached, the unrepresented person is not in a position to sue the insurance company. Thus, the insurance company has no reason to fear the unrepresented claimant.

On the other hand, an experienced injury attorney knows the value of your claim. In addition, they can exert some influence on the insurance company because if the case is not settled, the prospect of a lawsuit goes up greatly. Thus, one study showed that parties represented by an attorney generally two to three times the amount that unrepresented parties received.

Question #4:  What do I need to know about insurance industry settlement tactics so I can try to handle my claim on my own?

Answer: Did you know that the day you were injured you entered a war zone with the insurance industry? Over the past 30+ years, the insurance industry has spent billions of dollars on advertising to spread false and misleading information about accident claims. The industry wants people to believe that the justice system is out of control and that people who file lawsuits are getting millions of dollars for minor injuries.

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There were an estimated 6,420,000 car accidents in the US in 2005. There were about 2.9 million car accident injury cases and 42,636 car accident deaths. An average of 115 persons die each day in car accidents in the United States — one every 13 minutes. According to the World Health Organization about 3000 people die in car accidents each day worldwide.

Studies by the Insurance Research Council have shown on average, auto accident injury claimants who hired a car accident lawyer received three and a half time better settlement than they would have if they had tried to negotiate alone. (2004 Insurance Research Council study)

At DMLG, we understand the devastation that can occur as a result of being in a serious auto accident.  We are committed to helping car accident,trucking accident, and motorcycle accident victims recover the just compensation they are entitled to receive under the law.

If you or a family member has suffered as the result of a car accident, DMLG attorneys can help you.

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