soft tissue injury

Daycare Accidents and Injuries: What Parents Should Know

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Choosing a daycare for your child is one of the most difficult decisions parents must make. While you need to consider the common issues like hours and cost, the most important thing is making sure the daycare is safe for you child. In too many tragic cases, daycares make mistakes and families suffer. When your child is injured at a childcare or daycare facility, it can be difficult and confusing to know what you should do, and what your rights are.

If a daycare fails to live up to its obligation to your child, taking legal action is important to get injury costs covered, get your child the necessary medical help, and hold the daycare accountable. As a child care accident attorney, The Lions Injury Lawyers can provide you with advice, legal representation, and strong advocacy in holding a daycare accountable. Contact us today to learn how we can assist you in getting compensation for your losses to get answers to key questions including:

·       What types of daycare accidents can occur?

·      What are a daycare center’s obligations to parents and children?

·      How can The Lions Injury Lawyers child care accident attorney help?

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 What Types of Daycare Accidents Can Occur?

Daycare accidents can occur in many forms, some of the more common accident types are:

·      Falls, including falls form a playground or changing table

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·      Accidents due to staff member’s negligence

·      Bathroom accidents due to improper supervision

·      Hands and fingers becoming caught in doors or drawers

·      Children consuming something poisonous

Whenever an incident occurs in which a child is harmed, parents should speak with a child care accident attorney. The Lions Injury Lawyers can answer your questions about whether the daycare should be held responsible, and what remedies might be available to you. If the care center or any staff members provided substandard care, this lead to liability on the part of the daycare provider. Many parents do not want to create problems with the daycare facility, but are frustrated with the injury to their child, and want to provide their child with the best medical treatment available. A consultation with an injury lawyer can help clarify the process. In short, it is the insurance provider of the daycare or childcare facility that will ultimately be paying out money to resolve the claim, so many times the actual facility personnel are not affected by a claim.

What are the Obligations a Daycare Center has to Parents and Children in California?

There are very strict rules regarding staff-child ratios, as well as safety requirements for both indoor and outdoor environments. Daycare centers also have a general obligation to provide appropriate care to children so they don’t come to harm.

In the State of California, the Community Care Licensing Division (CCLD) of the Department of Social Services (DSS) issues child care licenses. During the pre-licensing phase, an operator must meet with a consultant to review child care laws, floor plans of the intended facility, forms and paperwork for the facility use, and other guidelines.

Despite a daycare center’s obligations, most child care injuries happen when the children are not being adequately supervised or are in unsafe environments. Daycare centers can be held responsible for violation state law or for being unreasonably careless in any manner it comes to child safety.

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How Can The Lions Injury Lawyers Child Care Accident Attorney Help?

 The most important thing as a parent of a child who was injured is to seek appropriate medical treatment. A good injury lawyer can help you find the best doctors available to treat your child's injury. The Lions Injury Lawyers will walk you through the process and help you make informed and educated decisions every step of the way. A short telephone call with an injury lawyer can help you make better decisions that will ultimately be in the best interests of both you and your child. Contact The Lions today to discuss the injury incident that has affected you or your family member, and go over the details with a qualified attorney.

 

 

 

 

"You Don't Need an Attorney for Your Car Crash Injury Claim"

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For personal injury attorneys in California who practice exclusively injury law, it is only a matter of time before they take a case where the client was told at one point by someone at an insurance company that they didn't need an attorney to help them. The longer injury lawyers practice, the more frequent this story becomes. Clients are told shortly after their car accident by the other driver's insurance company that they "don't need a lawyer for this kind of claim." Because this advice has drastic consequences, a brief look as to why an employee of an insurance company, especially an injury claim adjuster, would say this is worth looking into.

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What Do Insurance Adjusters Do?

Insurance adjusters evaluate claims and, if necessary, offer money to settle the claim. What does "settlement" entail? It basically means that in exchange for money, the claimant will not sue the insurance company's insured in a court of law. This all happens before any lawsuit is filed against the person who caused a crash. Insurance adjusters are therefore middlemen that are supposed to protect the interests of their insured. The more claims an adjuster can settle or close, the better they are at their job in the eyes of their bosses, and they are often compensated accordingly. In short, if an insurance adjuster can get you to settle your claim, they win, and personally it is good for their careers.

What Exactly Does "Evaluate Claims" Mean?

Insurance adjusters evaluate claims. Basically this means they investigate what the claimant is saying in comparison to what their insured says. However, their evaluation is not objective, whereas a jury evaluation of a case is supposed to be objective. If the insurance adjuster's client/insured says they didn't cause the accident, the insurance adjuster will stick by their client, regardless of what the facts say. This means they can deny your claim, even though there's a lot of evidence to show that their guy is at fault. So even though they are tasked with evaluating the claim and trying to get the claimant to go away, their view favors the interests of their company.

Why Don't Adjusters Want Me to Speak With an Attorney?

First, remember that insurance adjusters are expected to move files off their desks. The quicker they can get rid of your file, the sooner they can move on to the next file, and so on. The involvement of an attorney does not necessarily mean your claim will go unsettled longer, but it most certainly means that when your claim settles, it will be for more money. Injury attorneys specialize in getting their clients money, plain and simple. The money comes from the at fault party's insurance company. In short, if an attorney is involved, the insurance company is going to have to pay more money to make the claim go away. This is bad for the individual insurance adjuster's performance metrics.

Insurance adjusters also handle so many car crash cases that they become accustomed to getting their way with plaintiffs who are not represented by an injury lawyer. They get used to having the upper hand in the negotiation, and they are used to getting their way. They also know that the tables turn when an injury law firm is involved, as an experienced injury lawyer will know far more about the law, case results, and how the courts actually work.

The Insurance Company says ________________. Is this true?

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Insurance adjusters are not bad people, but they do have often have a narrow perspective as to how an injury case might play out if an attorney is involved. Again, they settle so many cases for pennies on the dollar that they don't realize a case they settle for $500 may be worth $15,000 or $50,000 if an attorney is involved. They view themselves at injury authorities, even though they are not trained in the law, and don't know what happens to cases that they don't settle that end up in litigation and going to trial. Insurance adjusters therefore often try to coach claimants as to how the process works, even though their approach is heavily favorable to the insurance company's bottom line, and geared towards low settlement.

"My Adjuster is Very Friendly. I Don't Want to Cause Problems for Anyone."

Friendliness is a proven negotiating tactic that is taught to insurance adjusters in most insurance companies. Hint: if you've seen a commercial on television for an insurance company, you can rest assured the adjusters for those companies have all been trained how to present themselves in a friendly manner during negotiations with claimants. Also, remember that none of this is personal. You will never meet the insurance adjuster, and even in the event that your case requires a lawsuit be filed, you will probably never see the individual who injured you again. The insurance policy is there to protect you in the event of injury, and so when you are injured by someone else's careless or reckless driving, the law has provided a way for you to recover, physically and financially. 

If you pursue your claim, it is extremely unlikely that the actual individual who hit you will know or care how much their insurance company settles for. For example, an auto insurance policy for $50,000 covers your injuries up to that amount. Whether you settle for $500 or $50,000, it does not affect the person who injured you personally, as the money comes from the insurance agency. This is why we pay insurance premiums. Every month, every California driver pays money to be insured. In return, if they cause an accident and hurt someone, that money is used to protect the negligent person. Thus, your efforts to get a fair settlement and have your medical bills and pain and suffering paid for have nothing to do with the individual who hit you, but become the responsibility of the insurance company to resolve.

Isn't All This Overly Skeptical of Insurance Companies?

The more injury claims an attorney sees, the more aware he or she is of the many ways in which insurance adjusters are able to convince injured people to do things that will ultimately result in the claimant receiving less money. Insurance companies are insanely profitable, as evidenced by their high profile advertising campaigns, the stadiums their brands are on, and their pervasive presence in advertising culture. Insurance companies spend billions of dollars every year in advertising, and in return, they earn billions of dollars in profits. If you are injured and want to get your medical bills paid for, that is why the insurance policy exists, and why California law requires drivers to have insurance. Insurance companies employ good people, and are not necessarily corrupt, but they do have a bias, and that is to settle all claims for as little money as possible, as this is how they stay profitable.

If You Are Injured

California law provides for full recovery if you were injured, meaning you should be in the same position you were after the car accident or other injury-causing accident as you were before the accident. If your injury is long-lasting, catastrophic, or permanent, this may not be possible. Still, the law makes sure the negligent/at fault person is responsible for making you whole, so if you can't be put back together, you are owed money for pain and suffering. The Lions Injury Lawyers are passionate about getting fair value for injury claims. They fight endlessly to recover as much money as possible for their clients, which will cover all medical expenses and also include money for pain and suffering, lost wages from time off work, and money for other incidental and inconvenient or painful lifestyle changes. The Lions Injury Lawyers spend 100% of their time practicing injury law, and are exclusively dedicated to personal injury clients. Speak with an actual injury attorney today to make sure you're not being taken advantage of as you seek to settle your claim.

Unintended Consequences of Car Modification

Most car owners who modify their cars are aware that the modifications tend to decrease, not increase, the value of their vehicle when they want to sell it. Why is the vehicle worse less money after modification, when modification can cost a lot of money? Your tastes are unique and don't necessarily match the tastes of other drivers. But there are several even more important reasons to carefully consider any modification to the external appearance of your vehicle.

This is how law enforcement may perceive you, regardless of how you're driving

This is how law enforcement may perceive you, regardless of how you're driving

Safety First

People change the appearance of their vehicle to get a certain look, something perhaps sportier than the original version. Or, maybe they want to stay up to date in trends of color and wheels. But many car owners may not consider that their modifications can have safety implications, and may not even be legal. For example, you may have driven behind a vehicle that has darkened plastic covering their rear lights, usually on a dark colored or black vehicle. The appearance makes the car look more uniform in color, as the back lights are less pronounced. What you may also have noticed is the brake lights are not as bright on these vehicles. Owners of these vehicles risk being rear-ended due to their brake lights not being bright enough, resulting in the driver behind them not being aware that the car in front is braking. 

Some modifications, like tinting light covers, especially brake light covers, can be illegal. There are millions and millions of vehicles on California roads, so what are the chances a driver of a vehicle with illegal brake light modifications will get pulled over? Maybe slim. But the chance that they'll get in a car accident certainly rises, posing a public safety hazard. This is why this particular modification tends to be against DMV standards. Also, if the vehicle has modifications that contributed to the crash, even a rear-end accident that results in injury, liability will almost always go against the car that has the modification. Thus, if you modify your car and are injured, the chances that you're placed at fault are high. Then, in many cases neither the other party's auto insurance, nor your own, will pay for your medical expenses.

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Also consider that seemingly minor modifications, if enough to convince a police officer or California Highway Patrol officer that your vehicle's appearance had something to do with causing the crash, you may be liable for any injuries caused to other parties. A car modification to make your vehicle look "cool" may not feel so cool, after all.

Visibility is Good, But Excessive Visibility is Bad

Some car owners have followed trends shown in the "Fast and Furious" movies, and other car racing movies, and install neon lights under their vehicle. Again, these modifications tend to be illegal, and the owner can be tickets. If the owner is ticketed on multiple occasions, the car may be impounded and their license suspended. What's the big deal of a little neon light? First, if you have neon lights under your car, the vehicle is very visable - too visable to other drivers, in fact, making it a distraction and a safety hazard. If you cause an accident and the other party says they were distracted by your lights, you're unlikely to convince the California Highway Patrol that your under-carriage lights had nothing to do with the crash. In fact, many California injury attorneys will attest that in almost every case where one of the vehicles has significant modifications, that vehicle is placed at fault on the police report.

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The Presumption of Guilt

Stereotypes are often unfair and inaccurate, but they still matter. You  may have an impeccable driving record and be an upstanding citizen in every way, and a great driver, but if you're involved in a crash that injures someone, the appearance of your vehicle matters. It may not seem fair, but California injury lawyers almost unanimously agree that the appearance of your vehicle comes into play when deciding who should pay for the damages. An extreme example may be helpful: if you're driving a sports car with bright paint, modified wheels, and other changes to the vehicle, and you're involved in a crash with a brown minivan, and the driver of the minivan says you were speeding and driving crazy, who do you think the police officer is going to believe? And modifications sometimes aren't needed at all: a sports car involved in an accident with a more "normal" car will often result in the sports car driver being put at fault.

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Which Modifications Matter?

If your tint is too dark, you can expect raised suspicion by the officer who makes the car crash report. If you have after-market wheels on your car, that will also likely go against you. This is not fair, of course, as the kind of rims on your vehicle likely had nothing to do with causing the crash, but these statements are made based on many years of observation by experienced California car accident lawyers who have dealt with thousands of injury cases. Under-carriage lighting, especially neon, is a big no-no; if you want to do this to your car, it is recommended that you don't drive with the lights on. You're asking for a ticket, at a minimum, and if you're involved in a car crash and someone gets hurt, your chances of not being put at fault are very low. Don't tint your tail lights; it's most often against DMV code, and it often results in rear-end accidents. Flashing lights on the interior that can be seen from outside are a big no-no. Basically anything that could distract other drivers and are not necessary to the safe operation of your vehicle are frowned upon by law enforcement, and do in fact contribute to car crashes. Mirror paint, or metallic paint jobs can often be distracting (this is, of course, obvious and on purpose), and the drivers of these vehicles will often attest that the number of tickets and perceived harassment by law enforcement is simply not worth it. Not to mention, most of these chances to your car are expensive, some costing many thousands of dollars!

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What if You're Involved in an Crash That Results in Injury?

If you were injured in a car crash, there are a lot of things to consider right away: your health, your auto insurance, the other driver's auto insurance, a police report or California Highway Patrol report, medical bills, lost wages - the list goes on and on. Most people have a decent idea of where to start and how to go about it, but there are endless loopholes designed to keep money with the insurance companies and out of your pocket. A call with an experienced car crash lawyer who practices in California may be beneficial. Also, if you were driving a modified vehicle and were involved in a crash where someone was injured, you  may benefit from speaking with an attorney, especially if you feel you were unfairly put at fault. Speaking with an injury law firm may save you a lot of time, headache, and money in the long run, and most lawyers offer these consultations at no up front cost.

The Lions Injury Lawyers practice injury law, and have seen many of the examples contained in this blog post play out in real life cases. If you or someone you love was involved in an accident that resulted in injury, you owe it to yourself to discuss the matter with an attorney, if only to reassure yourself you're going about things properly. The Lions Injury Lawyers represent clients throughout California, from San Diego all the way past San Francisco and including the Inland Empire and more remote parts of California. 

 

Navigating Your Car Accident Whiplash Claim

Thousands of car accidents occur each day in California, and many people involved in these accidents are injured as a result. The most common injury that results from being involved in a car accident is whiplash. Although whiplash is the most common complaint by injured persons involved in car accidents, it is an often misunderstood and misdiagnosed injury. It is also the injury that the at-fault driver's insurance is most likely to dispute and refuse payment towards treatment for.

Whiplash is the most common injury following a rear end accident

Whiplash is the most common injury following a rear end accident

What is Whiplash?

Whiplash is essentially neck strain and sprain that occurs when a driver or passenger's head is violently jerked backwards or forwards as the result of a car crash. The neck muscles and ligaments are strained as a result of the collision. Severe whiplash may also include damage to discs in the cervical spine, torn and ruptured ligaments, and even fractures in the vertebrae. Whiplash can be a serious, life altering injury, however many people who suffer whiplash assume the pain will go away after a few days, and they fail to document their injury in a way that will enable them to recover from the defendant's insurance company.

Symptoms of Whiplash

Whiplash can take several days to set in, and the resulting pain can last for the rest of your life if you do not treat it appropriately. Here are a few symptoms to look for:

• Neck pain and stiffness

• Loss of range of motion in neck, back, and arms

• Headaches, especially those with dizziness and vomiting

• Tingling and numbness in arms and hands

• Pain in your arms, shoulders, neck and back

• Other symptoms may include ringing of the ears, blurred vision, memory and concentration difficulties and abnormalities, difficulty sleeping, moodiness and lack of patience, anxiety and depression.

An MRI of the cervical spine is often required in order to evaluate the severity of a whiplash inury

An MRI of the cervical spine is often required in order to evaluate the severity of a whiplash inury

Treatment for Whiplash

If you were injured in a car crash that resulted in whiplash, you were likely hit from behind, meaning you were not at fault and you will be able to pursue the other driver's insurance company to have your medical bills paid. Unfortunately, the insurance company will not simply believe that you are injured and write you a check. You must seek appropriate, reasonable medical treatment as soon as possible after the car crash. Your injury will be attributed to age, pre-existing conditions, degenerative conditions - really anything other than the car crash, if you do not seek proper treatment and the medical professional makes note that you were involved in a car crash.

Proper treatment usually involves visiting your primary care physician within a day or two after the crash. This is impossible for most people due to scheduling. You should visit the Emergency Room or Urgent Care facility as soon as possible if you cannot get an appointment with your primary care physician shortly after the crash. Fortunately, especially in Southern California and Orange County, there are an abundance of 24-hour Urgent Care facilities that are equipped with the proper staff to evaluate the severity of your injury.

What if You Can't Afford Medical Treatment?

You likely did not see the car crash coming, and you probably don't have a couple thousand dollars lying around just in case you need medical care following an accident. If you're like most people, you will benefit from consulting with an injury law firm in California that handles car crash cases. An established and reputable injury lawyer will know of doctors who will treat you on a lien. This means the attorney vouches for your case, and the doctor agrees to be paid out of the settlement, rather than being paid up front. This also means you may receive state of the art care at no up front cost to you. Fortunately, many facilities that accept car accident attorney liens are privately owned and operated, and are able to provide the very best medical care available.

How to Document Your Injury

The most important documentation comes from your doctor's office or hospital or urgent care. Thus, the most important step you can take towards better health and financial recovery for your injury claim is to visit a doctor immediately. Sometimes whiplash does not become painful for several days after an accident. If this is the case for you, you should still go to a doctor as soon as the pain becomes bothersome and persistent.

Pursuing Your Claim

If you or someone you know has been injured in a California car accident and is trying to recover physically and financially, contact The Lions Injury Lawyers today for a free consultation. The injury lawyers at The Lions are skilled and experienced in arguing on behalf of their clients to receive fair and reasonable compensation for car accident injuries like whiplash. The Lions main office is in Newport Beach, California, but the firm represents injured persons throughout the state of California. Call (949) 329-5000 today for a free consultation with an injury attorney.