April 2010 Archives

Orange County, California is known for being a very active and lively section of the Golden State. Many people will enjoy surfing on its coast, hiking on its mountains, or bike racing on its many trails. Unfortunately, with any risky activities there comes the chance for injury. In some instances, negligence can contribute to an injury and, in extreme scenarios it may be possible that the negligence can contribute to a severe injury.

Unfortunately, a catastrophic injury could lead to the inability to remain employed which could put an extreme burden on those that have been harmed as a result of the negligence. Also, such serious injuries could cause a heavy financial burden when dealing with the large medical expenses.  For example, a traumatic brain injury could require 24 hour care for the afflicted. The costs of such care can be enormous. Clearly, if someone else caused the injury, that person should pay for such resultant costs associated with their negligence.  

Some may be under the assumption that litigating a catastrophic injury case is cut and dry. This is not always the case because all active sporting ventures come with a certain assumption of risk. That means the person taking part in the activity needs to be aware that a risk of injury is always present. However, the assumption must be based on a reasonable amount of risk. Injuries based on negligence may fall outside this initial assumption of risk. The crux of the case will be proving that the negligence was the mitigating factor that caused the injury.

Selecting an attorney that has successfully litigated such cases to overcome an 'assumption of risk' defense is important. By working with an attorney that has solid experience with these cases, you can receive the compensation you deserve.  Contact Cohn & Swartzon, P.C. at 888-444-1955 to discuss your case and help you with injuries and medical bills.

The passing of a friend or loved one is devastating.   There is much pain and loss associated with an untimely demise.  Such anxiety and pain can be further compounded when the death is the result of negligence of someone else.  These unfortunate circumstances are generally called wrongful death claims.  Those living in Orange County that have experienced such a scenario should definitely look towards making a claim or filing civil litigation as a means of seeking redress for the wrongful death.

Some may be a bit unnerved at the notion of filing a wrongful death suit or making a claim for the death of a loved one.  The reason the concept makes them uncomfortable is the fact that they may have difficulty putting a price on the death of a loved one.  Obviously, no amount of money will compensate for the untimely loss of a loved one.  So why bother making a claim?  Wrongful death claims or lawsuits can help many people in many ways.  Such a claim or suit is not based on seeking to place a dollar figure on anyone's life.  Rather, there are a variety of reasons behind filing a wrongful death suit and they include:

To punish and deter conduct:  In some instances, when someone's action (or inaction) causes the death of another, and such action rises above mere negligence, a claimant would seek punitive punishment for the party responsible for the loved one's death.  Filing a wrongful death lawsuit would act as a potential deterrent to others that may be behaving in a manner similar to the responsible party. This could potentially prevent the unfortunate death of others and leave a lasting legacy for your loved one.

Costs:  The costs of all medical fees that precipitated the wrongful death could be recouped.  In some instances, these costs could be quite enormous.  The costs associated with the burial can also be recovered.

Lost Income:  The death of a loved one could lead to significant loss of income to a family. A wrongful death suit or claim could provide the compensation the family would require in order to maintain its financial stability.

There are many different factors that need to be considered when determining whether to bring a wrongful death claim. These factors need to be balanced with the requisite delicacy with which these claims must be handled.  After the loss of a loved one, it is best to contact an attorney to determine if filing a wrongful death claim is the right thing to do.  The lawyers at Cohn & Swartzon, P.C. understand how difficult it is to make this decision but can assist you in deciding what to do after such a tragic loss.

Surely, you have heard the term personal injury or personal injury lawyer.  Quite often when I speak to individuals in and around Orange County, I am asked what exactly is meant by “personal injury”.   Most people do not understand what a personal injury claim covers.   In order to explain the term, it is best to clearly examine and define the process in order to understand what a personal injury claim entails.  Considering the sheer volume of people that live in Southern California, and Orange County in particular, it is best to be aware of the different modes in which a personal injury claim can manifest itself.

To answer questions regarding this type of litigation, here are some of the common areas in which personal injury can fall under:

Slip and Fall Accidents - Owners and management of property have a responsibility to make sure obstructions and hazards that can lead to falls are removed or repaired.  Those that do not can be held civilly liable.

Premise Liability - Residential and commercial properties need to be sure both the interior and exterior of the property is safe and free of potential problems.  Those that fail in this regard may find themselves the recipient of a lawsuit if someone is injured.

Vehicle Accidents - Most people believe that vehicle accidents mainly involve automobiles. While most vehicle accidents do involve automobiles, trucks and motorcycles are also involved in accidents quite often.   In fact, because of the type of vehicles involved, the injuries may be more severe than in a car.  Additionally, planes, boats, and trains can fall under the umbrella of vehicle personal injury lawsuits.

Dog Bites - Some dogs are dangerous and those owners that do not effectively prevent their dogs from attacking or biting others may be help responsible for civil liability.

Medical Malpractice - A physician must perform his/her duties properly and not fall below the requisite standard of care.  If not, the door may open for medical malpractice personal injury suits for damages and injuries sustained from a doctor or hospital’s malpractice.

Defective Products - When a person makes a consumer purchase, they should not have to worry about any harm befalling them.  Unfortunately, defective products do place consumers at risk which is why many personal injury suits are built around such products.  These lawsuits are important as they are often the impetus for bringing about safer and more reliable products.

Of course, there are other forms of personal injury.  All facets of this type of law are connected to one common thread: harm and negligence.  Those responsible for both can be held civilly liable.