San Francisco Injury Lawyer Blog

April 24, 2020

Medical Malpractice for Failure to Treat or Diagnose Coronavirus

The coronavirus has impacted nearly every region of the world, and its impact is likely going to be felt long after there is a vaccine available. Although medical professionals throughout California are doing their best to stay on top of the virus and care for the patients who are infected with it, there are going to be mistakes made. Tragically, with this virus being so deadly, those mistakes are going to cost lives.

When this happens, it is important that patients understand that they have legal options, but any personal injury cases involving the coronavirus are going to be particularly complex. A California medical malpractice lawyer can help injured patients and their families throughout the process.

Failure to Treat and Diagnose Coronavirus

April 17, 2020

What Does California Law Say About Lane Splitting?

by Gregory J. Brod

Lane splitting occurs when a motorcyclist travels between two lanes of traffic. Bikers typically do this when traffic has come to a complete stop or when it is slow-moving. This gives the biker an advantage over other vehicles because it allows them to move through traffic faster and exit a traffic jam. Lane splitting is one of the most controversial practices regarding motorcycles in California. While proponents of it say that the practice does not contribute to the amount of motorcycle accidents, others say it is extremely dangerous. So, what does California law say about lane splitting?

Lane Splitting Law in California

Many people think that California is the only state in which the law specifically allows for lane splitting. This is not entirely true. While bikers are not usually pulled over or discouraged from lane splitting, there simply is no law on the books that either allows it or prohibits the practice. However, in 2016, Governor Brown passed Assembly Bill 51, which gave the California Highway Patrol the authority to instate lane splitting safety guidelines.

April 10, 2020

Nursing Home Abuse and Negligence During COVID-19

by Gregory J. Brod

As the new coronavirus sweeps the globe, residents in nursing homes have been some of the hardest hit populations. An outbreak, which can be declared after just one of two residents test positive for the virus, can be deadly for anyone in the nursing home. Since the virus first emerged, it has been said that the people most vulnerable to the sickness are the elderly.

Although there is seemingly little that can be done about it, the staff and owners of these nursing homes have more responsibility on their shoulders than ever. When they fail to meet that responsibility and are negligent in their duties, nursing home residents and their families can hold those staff members and nursing home owners liable for any damages. A California nursing home abuse lawyer can help families with their case.

Nursing Home Guidelines During COVID-19 Set By CMS

March 31, 2020

What You Must Prove in a Dog Bite Claim

by Gregory J. Brod

In the best of cases, a dog bite results in only very minor injuries. In the worst cases, victims suffer severe lacerations that often come with complications, permanent scarring, and more. When accident victims suffer from these injuries, they can file a claim against the dog owner to secure compensation that can help with their recovery. California is a strict liability state. This means that victims do not have to prove that the dog owner was negligent or knew of a dog’s violent history. However, there are still certain elements of proof that are required in dog bite cases. These are outlined below.

You Were Legally Located

To have a valid dog bite claim, you must have legally been on the property where you were bitten. If you were in a public space, such as a park, you likely have a valid claim. If you were legally on private property, such as at a friend’s house, you also likely have a valid claim. However, if you were illegally on property, you are considered a trespasser and you may not have a valid dog bite claim.

February 28, 2020

Avoid These Mistakes in Your Wrongful Death Claim

by Gregory J. Brod

Losing a loved one is always extremely difficult, particularly when it is due to someone else’s negligence. While dealing with your grief, you and your family will likely reminisce, cry over your loss, and laugh about the memories you cherish of your loved one. As your family comes together during an extremely emotional time, you will face situations you never have before.

Due to this, it is important to know some of the most common mistakes to avoid that could negatively interfere with any wrongful death claim you may file in the future. Below are some of the most common mistakes people make when filing a wrongful death claim.

Fighting Within the Family

January 31, 2020

When do You Need a Car Accident Lawyer?

by Gregory J. Brod

Car accidents occur every day in California. Even when a crash is caused by another person’s negligence, though, it may not require the help of a car accident lawyer. Although most car accident claims can greatly benefit from the help of an attorney, seeking legal counsel is not always necessary. How do you know if you need the help of a lawyer? If your car accident involves any of the factors below, the chances are good that your claim can greatly benefit from the advice of a San Francisco car accident lawyer.

The Accident Involved Serious Injuries or Death

If you only sustained minor bruises and scrapes in the accident, there is a good chance that you do not need a lawyer. When the injuries are more serious, however, or worse, result in wrongful death, you must seek the help of an attorney who knows the law and can advise on your claim.

December 30, 2019

Three Common Types of Accidents in Winter

by Gregory J. Brod

California may not get the harsh winters that are seen throughout much of the country. However, even in the Golden State the weather changes during the winter. Temperatures drop and the days are shorter, and this causes car accidents that may not have occurred during the hot summer months. Below are the three most common types of accident claims filed in California during winter, and what you should do if you are involved in any of them. If you have been injured in any type of accident, reach out to a California personal injury lawyer today.

Slip and Fall Accidents

Only certain parts of California see any snow during the winter, but the entire state gets some rainfall, and icy patches are sometimes found in some areas. In slippery conditions like these, it is easy for a person to slip and fall and become seriously injured. Slip and fall accidents and claims increase during the winter.

November 30, 2019

Important Steps to Take if You Suspect Medical Malpractice

by Gregory J. Brod

Medical malpractice is a form of negligence on the part of physicians, nurses, and other healthcare professionals. Although not every unsuccessful result or treatment indicates malpractice, it is more common than most people realize. Medical negligence occurs when a healthcare worker deviates from the appropriate standard of care and patients become hurt as a result. If you suspect a healthcare professional has committed medical malpractice, there are some important steps you should take.

Collect Supporting Documentation

If you have been a victim of medical malpractice, you may be able to claim compensation for your injuries and other losses. To do so, you will first have to prove your claim with a number of pieces of documentation, including:

October 31, 2019

How Long Will My Personal Injury Case Take?

by Gregory J. Brod

Many people are hesitant to file a lawsuit because they envision a long and drawn-out legal battle in the courtroom. Not all personal injury cases take a long time to resolve, however. Even when they do, they are worthwhile for accident victims to pursue. These claims are often the only way to obtain compensation that can help with medical expenses, lost income, and more. So, if you have been hurt by someone else’s negligence and wish to file a personal injury claim, how long will it take? That is a difficult question for anyone to answer, even after evaluating the facts of your case. However, there are a few guidelines below you can follow to determine how long it will take before your case is finalized.

Settlement Negotiations

You may receive your first settlement offer from the other side’s insurance company shortly after the crash. Often this happens just days after an accident while you are still in the hospital. Truthfully, these negotiations can take anywhere from a week to several years. This is because negotiations never really stop until your case is finalized and has been closed.

September 25, 2019

What is the Difference Between Wrongful Death and a Survival Action?

by Gregory J. Brod

If you have lost a loved one due to the negligence of someone else, you may be able to file a wrongful death claim, a survival claim, or both. Wrongful death and survival claims are similar to each other, but they also have distinct differences. It is important to understand what these are, so you know what you and your family are entitled to under each. No matter which type of claim you are filing, each has its own complexities. For this reason, it is important to speak to a San Francisco wrongful death attorney before filing a claim.

Wrongful Death

The California Code of Civil Procedure, Section 377.60 allows personal representatives of a deceased’s estate to file a wrongful death claim. The personal representative is either outlined in the deceased’s will, or is the deceased’s surviving spouse, child, or other family member.