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July 2, 2011

Have a Safe and Fun Fourth of July Weekend From Modesto Personal Injury Attorneys

Modesto personal injury attorneys would like to wish everyone a safe and happy 4th of July. We would also like to ask that everyone be extra cautious during this time whether you're driving, enjoying the holiday by the pool, out on the water or staying local and watching some of the fireworks events in Modesto.
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It is during these summer months that residents experience an increased risk for injury in Modesto and elsewhere throughout the state. Your risk for a car accident increases drastically during this holiday weekend. During these holiday weekends there is not only an increase in traffic flow, but more drunk drivers take to our roads than any other time during the year.

According to the National Highway Traffic Safety Administration, there were more than 11,000 deaths in 2009 because of car accidents that involved an impaired driver. A number of these accidents occurred during the holidays. These accidents accounted for more than 30 percent of all of the traffic fatalities for the entire year. Motorists are four times more likely to be involved in a motor-vehicle accident at night than during the day. Motorists are also more likely to be involved in these types of accidents on the weekends instead of during the week days.

Residents are asked to keep themselves and their loved ones from driving a motor-vehicle while impaired. You are also urged to report any suspected intoxicated drivers to local authorities to help reduce the risks of serious -- if not fatal -- traffic accidents.

Even if you're staying off our roadways and hitting the pool, you're still at an increased risk for injury -- and death. It is estimated that about 10 people die every day from unintentional drownings. Drowning is the sixth leading cause of unintentional injury death for people of all ages. It is the second leading cause of death for children under the age of 15.

There were more than 3,400 fatal unintentional drownings in the United States in 2007, according to the Centers for Disease Control and Prevention. One in five people who die from drowning are children under 15. For every one of these deaths, four children receive care at an emergency room.

Nonfatal drownings can cause severe and permanent brain damage. Nonfatal drownings can cause memory problems, learning disabilities, and permanent loss of basic functioning.

Parents are urged to keep an eye on children who are in the pool at all times. It is beneficial to learn cardiopulmonary resuscitation (CPR) so that in the event of a drowning, you can help to keep the victim alive until paramedics arrive. Make sure that no one swims alone. Always encourage the buddy system near pools.
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Many residents will be boating on the open water to celebrate the long weekend. Once again, you're faced with an increased risk for injury or death. During these holiday weekends, a number of inexperienced boaters hit our waterways, serving as potential dangers to everyone. Boaters are urged to keep life vests on board for every passenger, if not for safety then because it's the law.

According to the United States Coast Guard, there were more than 4,500 boating accidents in 2010. Nearly 700 fatalities resulted from these incidents and another 3,153 injuries were sustained by boaters. These accidents cost nearly $40 million dollars in property damage.

There's no denying that there's going to be booze out on our waterways this weekend. Boaters are asked to follow the same rules as the road. Never drink and drive a boat. Always have a designated driver. Alcohol use is the number one contributing factor in fatal boating accidents as it accounted for nearly 20 percent of boating deaths.

In 2010, there were more than 12 million recreational vessels registered by the United States. This weekend there were be a significant number of boaters on the water and with cautious and alert boating habits we can help to reduce the number of serious boating accidents.

When it's the Fourth of July, there will be fireworks. Everyone is asked to follow these safety tips to help avoid firework-related injuries:

-Always have a sober designated shooter.

-Make sure the shooter is always wearing safety glasses.

-Follow all local firework rules and regulations.

-Don't allow children under the age of 12 to play with fireworks or sparklers.

-Never relight a dud firework. Let it sit for 20 minutes and then soak it in water.

-Always keep water handy. Keep it in a bucket or keep a hose near you at all times.

-Do not shoot off fireworks near houses or near trees.

According to Prevent Blindness America, there were an estimated 9,800 injuries treated in emergency rooms because of firework-related injuries in 2007 alone. Eyes are the most likely body part to be injured in one of these accidents. Contusions, lacerations and foreign bodies were the most common injuries to eyes. Men accounted for nearly 75 percent of all of these victims.

Even though children shouldn't be playing with fireworks, some residents ignore this advice and still expose them to serious danger. Of the 1,100 estimated sparkler injuries, roughly 200 were to children under the age of 5. Approximately 2,600 of these child fireworks injuries were to children under age 15.

Continue reading "Have a Safe and Fun Fourth of July Weekend From Modesto Personal Injury Attorneys " »

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June 16, 2010

Safeguard Children Against Choking Hazards

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Wrongful death caused by choking on small toys or parts of toys is a real concern for Modesto parents. Especially now that summer is here and children are spending most of their vacation time playing with siblings and friends, parents must take necessary steps to safeguard their children against choking hazards.

How to Prevent Choking Hazards
One of the most important things you can do is check for government or manufacturer-issued recalls. Recalls are mandatory actions that must be taken to send back products that have been identified as dangerous in some way. For a list of recalls on toys that present choking hazards, visit the website for the U.S. Consumer Product Safety Commission or go to Recall.gov, a collaborative site that joins forces with six federal agencies to list all of the most current product recalls across the country.

Before you buy or allow your child to use toys that may contain small parts, be sure to read all packaging and examine the toys for several things:
- Recommended age for use (is the toy age appropriate?)
- Warning that small parts may present choking hazards
- Quality of the product and any interlocking parts
- Harmful chemical ingredients such as BPA or lead

If a toy, regardless of a recall, injures your child, you must contact a personal injury lawyer immediately. Toy manufacturers are responsible for ensuring the safe use of their products and they can often be held liable for injuries caused by their items.

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March 16, 2010

Wrongful Death: Financial Survival After the Death of a Loved One

xGrief.jpgFor 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.

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March 5, 2010

Wrongful Death Lawsuits: The Psychological Effects on the Family

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.

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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.

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