Modesto Injury Lawyer Blog

In Modesto, motorcycle riders must obtain a license (Class M1 or M2), just like any other driver. They must obey traffic laws and they have all the same rights as any other driver on the road. Unfortunately, some four-wheeled drivers don't always pay attention to riders on two wheels and accidents do happen.

According to the State of California's Department of Motor Vehicles (DMV) estimates from 2008, more than 500 motorcyclists were killed in the state and thousands more were injured in accidents. Sadly, those numbers were on the rise for 2009. And most of the accidents could have been prevented with increased driver awareness, says Caltrans Director Will Kempton. Too many car drivers ignore motorcycles until it's too late, causing dangerous situations on highways and residential streets.

Sometimes, a car or truck driver will actually see a motorcyclist, and then pull out in front of the motorcycle like it's not even there. Occasionally this is intentional, but most times it's simply a lack of observation. Motorcycles are a fraction of the size of semi trucks and big SUVs and drivers simply discount the motorcycle's presence. Other times, careless drivers will discard debris out of their windows, causing a motorcyclist to swerve and collide with a tree or telephone pole. These cases can be especially devastating at high speeds.

If you've been involved in a motorcycle accident, contact an experienced motorcycle attorney today. An attorney can help you recover damages for broken bones, road rash and damage to your motorcycle caused by a negligent driver.

If you've had an auto accident in Modesto, you know how scary this situation can be. At the moment it happens, you just want to make sure everyone is safe and that you're clear of oncoming traffic. But the things you do in the few minutes after an accident can help you immensely if legal action is necessary down the line.

After you've exchanged information with the other driver, make sure to use your phone or digital camera to take pictures of the accident scene, both vehicles and the license plate of the other vehicle. That way, if you've been given false or incomplete information, you can have the police track the other driver down. Also, be sure to get a thorough medical examination to make sure you didn't sustain any injuries. Most people are in shock right after an accident and say that they "feel fine," only to experience pain, bruising and/or stiffness the next day.

When to Call a Lawyer
You should contact a lawyer right away; the same day if possible. This gives the lawyer time to investigate the accident scene if need be and to collect fresh evidence and witness testimonials. Most auto accident lawyers work on a contingent fee basis, which means that they don't get paid until you recover damages, so what have you got to lose? Asking a lawyer for a professional opinion on your case is a way to put your mind at ease after a traumatic accident.

You and your lawyer will decide whether or not to pursue legal action based on the merits of the accident. If you are 100% at fault, there may not be much legal recourse. However, if the other driver's insurance company is offering you a less-than-fair settlement, refusing to settle or not answering your calls, a lawyer can help you recover damages faster.

On March 16, 2010, The U.S. Consumer Product Safety Commission (CPSC) approved (by a 4-1 vote) a final rule regarding violations of CPSC laws that essentially raises the limits of recoverable damages in product defect lawsuits nationwide. The rule will affect various areas of product safety law, including the penalties outlined under the Consumer Product Safety Act (CPSA), the Federal Hazardous Substances Act (FHSA) and the Flammable Fabrics Act (FFA).

When determining product defect cases, the CPSCA and the above Acts consider several factors in each case: the severity of the risk of injury, the occurrence of absence of injury and the number of defective products or amount of substance distributed. The new rule amends these Acts to require the Commission to now also consider three additional factors: (1) the nature, circumstances, extent and gravity of the violation, (2) the appropriateness of the penalty in relation to the size of the business or person charged and (3) other factors as appropriate.

Taking these additional factors into account, the CPSC has raised the ability to seek higher penalty amounts. As a result of the new rule, the maximum penalty for each violation of the above-mentioned Acts increased from $8,000 to $100,000 as of August 14, 2009. In addition, maximum penalty amounts for a related series of violations increased from $1.8 million to $15 million.

These dramatic increases have blown open the possibilities in product defect law. If you or someone you love has been injured as the result of a defective product, fabric or substance, contact a personal injury lawyer who can help you determine whether or not you have a case effected by these new rulings.

California is one of seven U.S. states that currently ban hand-held cell phone use and texting while driving. Only hands-free devices are allowed, but talking while not holding a phone still doesn't prevent accidents, according to
Distraction.gov, the U.S. Department of Transportation's website dedicated to educating the public on distracted driving. The site equates using a cell phone while driving (no matter if it's hand-held or hands-free) to the delay in a driver's reaction time with a blood alcohol concentration at the legal limit of .08 percent.

Distracted driving is responsible for nearly 6,000 fatalities in 2008 and 500,000 more injuries in the United States alone. Cell phone use is a major culprit, but grooming, navigating with maps or GPS systems, eating, drinking, talking to passengers and tuning radio stations are also examples of common driving distractions. Here are some ways you can eliminate distractions while driving:

- Turn off your cell phone and put it out of reach, like in a purse in the backseat, so you're not tempted to use it while driving.
- If you don't want to turn your phone off, set it to "silent" mode so you're not tempted to answer it.
- Ask passengers not to use their cell phones while you drive.
- If you must make a call or use your GPS system, pull over and do so safely once you're at a complete stop and out of traffic.
- Drive defensively. Pay attention to drivers who are on their cell phones or distracted in any other way so that you can prevent an accident when they're not paying attention.
- Plan out your route clearly before you start the car so you don't have to consult maps or GPS while operating your vehicle, even at a stoplight.

If you've been injured by someone who was distracted while driving, you need to know your rights. A Modesto personal injury attorney can recreate the accident scene with experts and witnesses to recover damages for you.

If you've been injured as the result of an auto accident, slip and fall, construction site accident, defective product or other negligent act, a professional personal injury attorney can help you recover damages for your medical bills, lost wages and pain and suffering. When you're hurt, the last thing you want to do is fight with insurance companies over unfair settlements or struggle with medical billing companies over medical costs. A lawyer can take care of the paperwork for you can focus on getting better and getting your life back.

When you've been the victim of someone else's negligence, it can throw your life into a tailspin. You can lose time off of work, have trouble supporting your family financially and physically and suffer from mental anxiety. Most personal injury cases in Modesto require that you file suit within two years of the injury. However, considering that vital evidence must be collected within days of an incident, it's important to contact a lawyer who can help you immediately to resolve your case quickly so that you can get back to living your life without the stress caused by a personal injury.

Calculating Damages for a Personal Injury
The damages you can receive after an accident are calculated based on the severity of your injuries, the circumstances involved and how the case is settled. Additionally, after examining the details of your case, a Modesto personal injury lawyer can figure out what you're owed based on:
- Lost ability/time/wages from work
- Cost of medical bills, rehabilitation, prescriptions and other expenses
- Repairs to vehicle after an accident
- Property repair costs
- Pain and Suffering
- Funeral expenses (in wrongful death suits)
- Household/managed care services

When you file a personal injury suit in Modesto, you may be unfamiliar with some of the terms you'll hear during the course of your case. No matter if you're dealing with a worker's comp claim, a slip and fall, insurance denial or a wrongful death suit, here are some definitions of common personal injury terms you might come across:

Acute Condition: A type of illness or injury that lasts less than 3 months in duration but which is serious enough to impair behavior, working ability or overall health.

General Damages: Also known as "pain and suffering," general damages can include pain, humiliation and emotional trauma from physical injuries.

Loss of Consortium: Damages sought by the spouse of an injured party to recover losses that occur as a result of the injury. Damages can include loss of assistance in caring for the family or home and stress/strain caused by the injury to the marital partner.

Defective Product Injury: A serious injury caused by a product malfunction due to a manufacturing defect. Under Federal law, manufacturers, wholesalers and retailers must bear the losses caused by a defective product.

Burden of Proof: The responsibility of the suing party to prove to a judge or jury "by a preponderance of the evidence" that your version of the facts is true. In a civil personal injury case, this means that at least 50% of the believable evidence must be in your favor.

Alternative Dispute Resolution: Also known as arbitration, this is a less formal legal hearing in which each side offers evidence and testimony in a case. A neutral hearing officer (arbitrator) will administrate the session and make a decision in the case.

Modesto drivers have to share the road with semi trucks, tractor-trailers, and big rigs on a daily basis. This area of California is right on a north-south transportation route along Highway 99 for many regional and national distributors, so the Modesto area gets a lot of truck traffic on its freeways, streets and bridges. According to Modesto city traffic statistics, bridges in Modesto alone accommodate an average of 204,513 trucks every day!

With all this heavy truck traffic, it is more important than ever that drivers maintain their vigilance while on the freeways. Commercial trucks typically weigh 25 times more than the average automobile, making an accident between the two very dangerous. Indeed, accidents that involve semi trucks and passenger cars account for over 5,000 fatalities and 133,000 injuries each year nationwide.

There are many causes of truck accidents, including driver fatigue, tailgating, driver error and equipment malfunction. Additionally, commercial trucks often contain hazardous or toxic materials, increasing the chance of injury or even death from this type of accident.

If you or someone you know has been involved in a truck accident in Modesto, getting an experienced accident lawyer on your side should be your first goal. Especially when you or a loved one is suffering in the hospital from injuries related to an accident, it is imperative to have someone on your side who will take care of the repairs, insurance companies, medical bills and red tape associated with commercial truck litigation.

For any Modesto family, losing a loved one unexpectedly can be utterly devastating. Particularly in the case of wrongful death of the primary caregiver caused by the negligence of another person or company, this loss can send a family into an emotional and financial tailspin. In California, you are allowed to take legal action to recover damages that will cover the costs associated with a wrongful death of the head of household, including:
- Funeral costs
- Burial costs
- Medical costs
- Loss of income/anticipated income from the deceased

What Happens When I File Suit?
Any family member can file a wrongful death claim. Because every family is affected differently, a professional attorney must handle each case with the utmost care. The attorney's job is to outline the costs associated with the loss of the loved one, as well as to calculate the amount of anticipated income that is lost as a result of death.

For example, if minor children live in a household in which one or both parents are killed, damages can be sought for future income that the parents would have brought into the home to take care of their children until they were 18 years old. Similarly, wives can collect damages in cases in which the deceased husband was the sole breadwinner of the household.

Keep in mind that the burden of proof in a wrongful death case lies with the family. This is why it's critical to have a wrongful death lawyer on your side to prosecute the negligent party. You have two years to file a claim for wrongful death in the state of California, with the exception of medical malpractice suits and asbestos-related claims.

Given the recent headlines regarding the alleged accidental prescription drug overdoses of celebrities like Michael Jackson, Heath Ledger and Corey Haim, it's no wonder that many Modesto residents are doing more independent research before taking certain prescription medications. The worry of accidental overdose is a common concern among people taking prescriptions for various conditions. And for good reason: according to the CDC (Centers for Disease Control and Prevention), unintentional poisoning is now the second leading cause of death in America.

The rates of prescription drug overdose have risen rapidly in the U.S. since 1990. By 2005, unintentional poisonings accounted for 23,618 deaths in this country, 95% of which were from drug overdoses. More than half of these were solely from prescription drugs.

While some overdoses are intentional, most statistics indicate that the majority of instances are accidental. And now, with more and more free samples being handed out without regulation, prescription drugs are easier than ever to obtain. The CDC estimates that in 2006 alone, there were 2.2 million new users of prescription painkillers in the United States. While these numbers continue to rise, so do the deaths related to overdoses.

Doctors often over-prescribe drugs to patients who in turn suffer from their use. If you or someone in your family has experienced adverse effects from prescription drugs, contact a personal injury lawyer immediately. A lawyer will scour the details of your medical history to develop a clear picture of your case. If medical malpractice or drug companies are to blame, you may be able to recover damages for your injuries or for the death of a loved one.

Assigning fault in auto accidents in Modesto can be complicated, especially given that the party found at fault will bear financial responsibility for paying for damages (to vehicles and/or property) and even medical costs resulting from the accident. That's if the negligent driver is determined to be 100% at fault. In the state of California, though, determining fault is a little trickier than other states because it is NOT a no-fault state.

In no-fault states, drivers pay insurance premiums (called Personal Injury Protection, or PIPs) that help offset the costs of accidents. When you get in an accident in one of 12 states with no-fault laws, the "good" driver doesn't have to prove the other driver was at fault. Instead, his insurance simply pays for everything in return for an agreement by the injured driver not to sue. This helps states reduce court hours spent on auto accident cases.

In California, however, lawsuits are far more common. Accidents are determined by "comparative fault," meaning that one party can be found as more at fault by percentage. In these cases, one driver can be found primarily responsible (51%) for the accident, while the other party may still be 49% responsible. Although both parties must pay, either can sue for damages related to pain, suffering, missed work or inconvenience.

If it sounds confusing, that's because it is. Determining fault in California is notoriously thorny. In the case of the driver who runs a red light and hits another vehicle, the police and insurance companies usually have no trouble assigning fault to the driver who made the mistake. However, in the case of multiple car accidents, accidents caused during inclement weather and other questionable situations, it can be difficult to figure out who is truly at fault. That's why it pays to have a Modesto auto accident attorney on your side. He-said-she-said battles often turn heated between drivers and insurance companies and you need someone to protect your best interests.

Currently, there are approximately 450,000 Americans living with spinal cord injuries. Every year, there are about 10,000 new cases across the United States. The vast majority of these injuries (82%) affect male patients between the ages of 16 and 30. Spinal cord injuries can cause either quadriplegia (paralysis from the neck down) or paraplegia (paralysis from the waist down). Quadriplegia is actually slightly more common than paraplegia, according to SpinalInjury.net.

The spinal cord does not have to be completely severed in order for paralysis or at least some loss of function to take place. Most people with these types of injuries actually have intact cords, but suffer from damage severe enough to affect functionality. Spinal cord injuries are classified into two types: complete and incomplete. With complete spinal cord injuries, there is no voluntary movement or sensation below the level of the injury on either side of the body. With incomplete injuries, there may be some functionality below the level of the injury, and there may also be more movement in one limb over the other. Sensation may also be present.

Spinal cord injuries typically occur as the result of physical injury during traumatic events. 36% of spinal cord injuries are the result of motor vehicle accidents, 28.9% result from violence and 21.2% occur as the result of falls. Since these types of events are often caused by willful acts or negligence, they are usually prosecutable. Intentional acts must be tried in criminal courts, but personal injury attorneys can try spinal cord injuries as a result of negligence in civil courts to recover damages.

If you or someone you love has suffered a spinal cord injury as the result of negligence on the part of an individual or a corporation, you must take legal action. Spinal cord injuries can be extremely challenging and expensive, as they often require costly medical care and supplies needed for the remainder of life.

On March 5, 2010, Dot Foods, a Modesto-based company, rewarded several employees for stellar workplace safety records in 2009. The company, which is the largest food redistributor in the United States, offered four outstanding workers either a brand new ATV (all-terrain vehicle) or a high-definition TV. Other prizes were given out to 36 warehouse personnel, drivers and support staff as well, for a grand total of $140,000 in prizes for eligible workers.

The giveaway is the result of an incentive program that measured safety incidents over the past year. More than 2,300 employees participated in the program. In order to be eligible for prizes, employees had to work for at least 1,000 hours, have no written disciplinary action and no OSHA recordable injuries. Drivers also had to meet a minimum earning requirement and have no motor vehicle accidents during the past year. The safety incentive program was so successful that Dot was able to reduce OSHA recordable injuries by 35 percent and affected workdays by 43 percent in 2009.

Companies like Dot Foods reward their employees because they value high standards of safety. Unfortunately, some companies fall short of safety goals. Each industry has its own demands and set of risks to consider, and injuries in manufacturing and production jobs are almost inevitable over time. That's why it's critical to know your rights as an employee. No matter what kind of work you do, workplace injuries should be properly reported and handled by your employer. If you've been injured on the job and aren't receiving the right treatment or compensation, contact a worker's comp lawyer to examine your case. There's no reason you should suffer unjustly, physically or financially, from a workplace incident.

The Modesto area sees more than its fair share of single-vehicle automobile accidents. Just last Sunday (March 7, 2010), there were three such auto accidents in Modesto and the surrounding areas that left four people injured. Two involved single motorcycles, one on Highway 4 and the other on Highway 49. A third accident involved a single car on Highway 4. Though no deaths were reported, each driver and a passenger received treatment for major injuries.

Often times, people assume that they are at fault when there's only one vehicle involved in an accident. However, a professional attorney in Modesto can examine the factors of your auto accident to truly determine the cause. Sometimes, manufacturers of car equipment such as tires, brakes, seat belts and door latches can be the real culprits.

Other times, automakers can be at fault. An example of this played out on Monday (March 8, 2010). The owner of a runaway Toyota Prius drove nearly 30 miles with a stuck accelerator on a San Diego freeway before losing power and finally coming to a stop on the bumper of a highway patrol car. Although the man survived the incident with no physical injuries, an investigation is underway to find out if the recent recalls by Toyota are the cause for this incident.

The important thing to remember is that just because you're involved in a single-vehicle accident doesn't mean you're automatically at fault. Many people simply bite the bullet and pay the costs of higher premiums and insurance deductibles when they aren't even truly responsible. If you think you might have a case, consult a lawyer in Modesto who can sort through the facts.

Even for the most experienced neurological specialists in Modesto, Traumatic Brain Injury (TBI) can be tough to accurately diagnose, since some symptoms can be very subtle. TBI is typically caused by sudden, unexpected events, including car accidents (either by direct injury or by whiplash), workplace accidents, sporting activities, physical altercations or slip and falls.

No matter the cause, the effects of TBI exhibit themselves with varying symptoms. According to the National Institute of Neurological Disorders and Stroke (a division of the National Institutes of Health), people who suffer from TBI may display one of numerous signs, in mild, moderate or severe intensity:

Mild Symptoms: Brief loss of consciousness at the time of injury (or shortly thereafter), headache, confusion, lightheadedness, dizziness, blurred vision, tired eyes, ringing in the ears, sensitivity to light and sound, bad taste in mouth, fatigue, lethargy, changes in sleep patterns and changes in behavior and mood. Mild symptoms can also include trouble with memory, concentration, attention or thinking.

Moderate to Severe Symptoms: Severe, persistent or worsening headache, repeated vomiting or nausea, convulsions, seizures, an inability to awaken from sleep, dilation of one or both pupils of the eyes, slurred speech, weakness or numbness in the extremities, loss of coordination and increased confusion, agitation or restlessness.

Brain injuries require diagnostic and neurological testing immediately after injury in order to be accurately diagnosed and attributed to a specific event. Without early diagnosis, TBI can be difficult for personal injury lawyers to prove after traumatic events, although it is possible. If you or someone you know may have suffered a brain injury, it's vital to get immediate medical attention and diagnosis. The sooner you recognize the symptoms of TBI, the stronger your personal injury case will be in Modesto.

Car accidents, workplace injuries and sporting accidents are some of the main causes of brain injury cases in Modesto. When the brain is damaged, no matter how slightly, patients risk diminished capacity in cognitive function as well as in motor and communication skills. Traumatic Brain Injury (TBI) rehab involves re-teaching functions that can be restored and learning new behaviors for those functions that cannot be restored. Although every case is certainly different in circumstance and severity, the National Institutes of Health (NIH) recommend immediate rehabilitation for most brain injury patients in order to increase the chances of total brain function reestablishment.

Before rehabilitation begins, however, a brain injury patient will likely stay in the intensive care unit until his or her condition can be stabilized. The primary immediate concerns for a patient with a brain injury are proper oxygen supply to the brain and the body, maintaining proper blood circulation, reducing any swelling to the brain and controlling blood pressure. A specialist will also likely conduct any number of tests to examine and diagnose the extent of the brain injury, perhaps including a CT scan, MRI scan or PET scan. Once the patient has been stabilized, rehabilitation can begin with simple visual and motor skill exercises to get the brain functioning as quickly as possible to increase the chances of short and long-term success.

During this time, doctors or other medical professionals must take extreme care not to make critical mistakes, even in the most routine tasks. Even the smallest errors can cause patients to experience diminished capabilities, paralysis or worse. A personal injury lawyer can recover damages from medical malpractice, car accidents or workplace accidents that caused or exacerbated the brain injury. If you or someone you know has experienced a traumatic brain injury, it helps to have a legal advocate working for you as you heal.

Worker's comp insurance benefits are designed to help cover the costs associated with medical care after a workplace injury. Although acceptance of these benefits usually precludes legal action against an employer, employees who are denied benefits can file suit to recover money they are owed. Third parties may also be found liable for workplace accidents.

Possibly due to fraud in the system, it seems like it's getting tougher for workers to get paid for legitimate injuries. California Governor Schwarzenegger passed legislation in 2005 that reduced eligibility for direct payments and medical care costs for injured workers. Additionally, corporations are taking measures to avoid paying employees' worker's comp benefits. On March 3, 2010, California Attorney General Edmund G. Brown filed suit against a construction company called Country Builders, Inc. based in Livermore, CA. The AG claims that the company "cheated workers out of wages" and falsified company records to reduce the company's worker's compensation premiums. According to Brown's office, the company owes employees more than $1 million.

Making Ends Meet
Even when benefits are granted, California worker's compensation wages are often not enough to cover most living expenses or medical costs. The cost of living in northern California, combined with supporting a family or other dependants, can be overwhelming if you're trying to live off of worker's comp payments.

If you've been injured at work, you have to work with an attorney who handles worker's comp claims on a regular basis. An experienced worker's comp attorney can examine your case for details that you might miss on your own. Additionally, a Modesto worker's comp attorney can take on large corporations to fight for your money. Your employer has lawyers working hard on their side, and you should too. Particularly in times of economic recession, it seems that companies are doing all they can to avoid paying workers what is owed. But you don't have to be a victim. A reputable lawyer will take on your case and only get paid when you do.

For many Modesto residents, recovering from a workplace injury can be a challenging process. Depending on the severity of your injuries, as well as your access to healthcare, paid time off, rehabilitation facilities and medication, recovery can take a few weeks or even several years. However, because workers simply have less free time, they are more hesitant to take time off, even after injury, according to a study published by the American Journal of Public Health.

In this study, research shows that recovering from and coping with workplace injuries has become more difficult than ever because of the time squeeze and financial restrictions on households in the United States. Particularly for single parents, worker's comp is often not enough to pay the bills. The study reports that worker's comp benefits only replace 32% to 41% of pretax losses during a 10-year observation period. During that time, worker's comp payments also ceased for many who used to be eligible. Given this, and the fact that the average injured working is only 37 years old, lifetime losses can be quite considerable.

The Effects on the Family
For people with minor injuries, one might think that a worker's comp claim might allow them to spend more time with their families. However, the research indicates that even when injuries are not life threatening, the time spent at home by the injured party is not productive. It can cause stress on relationships, reduce the ability to complete daily chores and place an extra burden on other members of the household.

The good news is, you don't have to go it alone. When you or someone in your family has been injured at work, you have to fight to get the money you need. You didn't choose to get hurt and you've got to know your rights. A personal injury lawyer can review your case to make sure you're getting all that you deserve. It's not about trying to milk your employer or get something for free - it's about providing the means to take care of yourself and your family when you've suffered unjustly.

More than perhaps any other area of law, the statute of limitations in personal injury cases is critically important. Some areas of personal injury only allow six months to file suit, otherwise your chance to recover damages for your loss is gone forever. This is where an experienced personal injury lawyer in Modesto can be your best ally. A lawyer will outline your options while taking your situation into careful consideration to achieve the best results for you.

The Clock Is Ticking
In the state of California, most personal injury claims must be filed within 2 years of occurrence, except for:

Slander, Libel, False Imprisonment - 1 year
Medical Malpractice - 3 years from the date of injury or 1 year from the date of discovery (whichever comes first)
Other professional malpractice - 1 year
Fraud - 3 years
Municipal Liability/Sovereign Immunity - 6 months

If you are suing for less than $7,500 in damages, you must file in small claims court. All other suits should be filed in standard state trial court (or appellate court if you're appealing because you were not satisfied with the original trial court's decision).

Filing Suit for a Personal Injury
Most people don't want to become involved in lawsuits, but negligence and wrongdoing by others makes it necessary for many hardworking Modesto residents. Individuals and corporations will do almost anything to get out of paying what they owe, especially during tough economic times. But that doesn't mean that you don't deserve recovery for your injuries or for the loss of a loved one.

You can often get pushed into taking settlements from companies after workplace injuries like fractures, dismemberment, paralysis, and even death. Similarly, car insurance companies and medical facilities will also move to quickly settle a case so that you won't engage in litigation. However, it pays to examine your options before you accept any settlement, no matter how generous it seems. A qualified Modesto attorney can review your offer and advise you on the ideal course of action to take pay for lost wages, inability to work, pain and suffering.

The subject of death is one that can be hard to cope with for Modesto residents. Particularly in cases of wrongful death caused by another person or party, dealing with loss requires a tremendous amount of support and time. According to research by the Mayo Clinic, it may take several days or even weeks in order to even process and fully understand that a loved one has died. From that point, healing from trauma can take months or even years, although healthy coping strategies can help relieve and abbreviate feelings of grief after a loss.

Legal Resources in Wrongful Death Cases
Death caused by negligence or accident is not usually considered a crime. Fortunately, though, the law allows for civil prosecution in wrongful death cases, even when it is determined that there is no criminal case. This means that families can seek damages for their losses. Although no amount of money can help bring your loved one back, your case can help prevent someone else from getting hurt in the future by negligent people or companies. Damages can also help defray the exorbitant costs of a funeral, burial and debts left behind. Wrongful death lawsuits cover a wide variety of cases, some of which include car accidents, drug interactions, workplace accidents and negligent security in public or private venues.

When there's been a wrongful death in your family, it's vital that you have an experienced lawyer on your side. These cases require expert legal guidance and resources to prosecute anyone from individuals to major corporations. Further, there are statues of limitations that must be taken into account in wrongful death cases. Certain types of lawsuits must be filed within as little as six months of the occurrence of death. For many families, this isn't even enough time to grieve, let alone think about taking legal action. Instead, hire a trusted Modesto attorney to handle your case so that you and your family can heal on your own time.

Car accidents caused during police chases are an increasing concern for law enforcement, residents and insurance companies in the Modesto area. On February 26, 2010, Ceres police arrested three men after a high-speed chase that led officers through town at speeds up to 90 mph. The chase resulted in a wrecked police car and damage to residential property.

The risk of property damage, personal injury or even death in police chases is often exacerbated by the use of drugs or alcohol by fleeing drivers. On February 20, 2010, a Merced man was arrested after he fled from police, eventually crashing his 1997 Acura Legend into a pickup truck after running a red light. The chase took place mostly on residential streets, increasing up to speeds near 100 mph. The police determined that the driver was intoxicated at the time and had methamphetamines and marijuana in his possession.

Car accidents and personal injury are often the result of this sort of risky behavior. According to PursuitSAFETY, a consumer advocacy group that works to increase the safety of police chases, 40% of police chases end in a collision. Further, the organization estimates that 20% of those cases end in serious injury, 1% of which result in death. This equals about 300 deaths a year, one-third of which are innocent bystanders.

The effects of car crashes and police chases in the Modesto area have far-reaching results. When someone you know has been injured or killed in an auto accident as a result of a police chase, it's important to know your rights. A Modesto personal injury lawyer can help you sort out the facts of the case to assign fault and recover damages for your loss.

Personal injury lawsuits in Modesto cover a wide variety of tort cases, including, but not limited to, workplace injuries, brain injuries, construction accidents, car accidents, negligent security crimes, birth injuries, burn injuries, insurance "bad faith" claims, wrongful death, defective products, slip and fall cases and prescription drug injuries. Basically, any case involving harm caused due to negligence or intentional act by another party qualifies as a personal injury case. The goal of a personal injury lawsuit is to recover damages for an injury. The injury doesn't just have to be physical; it can be financial, cognitive or emotional as well. Damages can include income from work missed due to injury, medical bills, pain and suffering.

If you've been the victim of wrongdoing or negligence, it's important to know your rights. That's where a Modesto injury attorney comes in. An attorney will review your case and provide you with legal guidance to help you achieve the best results. That may mean settling out of court with a person or company or it may mean arguing your case all the way to the California state or U.S. Supreme Court. No matter the details, a lawyer is an invaluable resource to have on your side in a personal injury case in Modesto.

What Do I Need to File a Personal Injury Lawsuit?
Personal injury law requires that you prove intention and/or negligence on behalf of the other party, so you will need to evidence to support this claim. You must also submit evidence of an actual injury (physical, emotional, cognitive or financial). This could be medical bills, doctor's reports or other supporting documents that will help your case.

Although some cases are "open and shut" and simple to prosecute, others are trickier due to various circumstances. When in doubt, speak with an experienced Modesto lawyer to see if you have a case. The statue of limitations is as short as six months for some cases, so it pays to act quickly.