How Much Time Do You Have to File a Personal Injury Lawsuit in Los Angeles?

March 29, 2019 Personal Injury Lawsuits

Time restrictions apply when it comes to filing a personal injury lawsuit in California. If you do not file your

statute of limitations

Time restrictions apply when it comes to filing a personal injury lawsuit in California. If you do not file your claim within the allotted window of time, you may lose your right to receive substantial money damages to cover the cost of your injuries, including medical bills and lost wages. Don’t leave money on the table by failing to file your claim in a timely manner! Contact seasoned personal injury lawyer Sean Salamati to learn about the deadlines for bringing a claim and to find out how much your case might be worth.

California Statute of Limitations

California has a statute of limitations that governs how long an injured party has to file a personal injury lawsuit. A statute of limitations is a specific span of time, after which no suit can be brought.

If you or a loved one has been injured, impaired, or become ill due to the negligent actions of another party, you may be eligible to file a personal injury lawsuit. The other party can be a person, a company, or a service provider, such as a landlord or doctor. However, the injured party must file a claim within the timespan allowed by the statute of limitations.

The statute of limitations in California for personal injury lawsuits is two years from the date of the accident, or the date when the injured person first knew they were injured. Not all injuries or illnesses manifest right away. It can take years for a person whose workplace contained cancer-causing components, for example, to develop cancer.

What Is Negligence?

In all cases, to be negligent, the party you bring an action against must bear responsibility for either behaving in a safe manner or keeping property or clientele safe. A person, for example, is responsible for operating a car safely and according to California law. A company is responsible for maintaining the reasonable safety of its products and its workers. A landlord must keep her property safe for tenants. A doctor must do no harm to her patients.

The responsible party must have had time to rectify any unsafe conditions. A landlord, for instance, needs time to repair a broken stair. But the time cannot be unreasonable: unsafe conditions need to be fixed promptly. The time should be no longer than required to notice an unsafe condition and have it repaired.

If they do not act in accordance with safety standards, and either know their actions to be unsafe or should have known, they can be held liable for any personal injury that occurs as a result of their negligence.

For other parties to be liable, the injury, impairment, or illness you sustained has to have been caused by the actions. That may seem obvious, but it’s part of the law. In other words, you may have a broken leg caused by slipping on ice. But for your landlord to be responsible, the ice you slipped on has to have been part of his property or directly related to it, such as the sidewalk in front.

If You Need a Personal Injury Attorney in California

If you were injured, impaired, or became ill because of another party’s negligence, reckless behavior or wrongdoing, Sean Salamati will fight for your right to monetary compensation. The Salamati Law Firm has successfully recovered millions of dollars in damages for our clients. Call us today for a free consultation. There is no charge unless we win your case!

Additional References:

  1. California Courts. Statute of Limitations. https://www.courts.ca.gov/9618.htm.
  2. California Courts. Before You File Your Case. https://www.courts.ca.gov/12414.htm.


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What Are PTSD Personal Injury Claims?

March 13, 2019 Personal Injury Lawsuits

Post-traumatic stress disorder (PTSD) is a psychological condition that can be caused by life-threatening events. While the term came into

Doctor analyzing human skull x-ray

Post-traumatic stress disorder (PTSD) is a psychological condition that can be caused by life-threatening events. While the term came into wide use after the Vietnam War, and veterans can have PTSD, other kinds of traumatic experiences can also cause the condition.

A severe car crash, for example, can result in PTSD. In fact, it is estimated that between one-fourth to one-third of car accident victims develop PTSD. A physical or sexual assault, or even natural disasters, such as a fire or flood, can also cause the condition.

Symptoms Can Impair Sufferers

A PTSD sufferer sometimes relives the emotions of the life-threatening event. As a result, they can be severely impaired in performing functions the rest of us take for granted. Everything from going to a job every day to relationships can become challenging or impossible. They may not be able to drive if the precipitating cause was a car accident. They may fear going out, or fear places similar to where the life-threatening event occurred.

PTSD sufferers may feel severely anxious, depressed, and jittery. They may start to avoid contact with people or certain situations. They can become isolated. They may attempt to self-medicate with alcohol or drugs.

These symptoms can develop immediately or develop gradually over time. If untreated, they can last indefinitely and may worsen over time.

Personal Injury Claims for PTSD

If you or a loved one has developed PTSD as a result of a life-threatening event caused by the negligent actions of another party, you may be entitled to bring a personal injury lawsuit to receive compensation for damages.

Compensation can include payment of medical or psychiatric bills, therapy costs, and even lost wages if PTSD has made if difficult or impossible to work. Payment for retraining for another occupation may also be possible.

PTSD cases require a thorough evaluation of your condition by qualified medical personnel. A legal case will also require expert testimony on what PTSD is, the symptoms, and what problems it can cause.

In California, PTSD personal injury cases have a statute of limitations, after which the court will not hear a case. The time frame you have in which to file your claim is generally two years from the time of the life-threatening event or the time when PTSD symptoms first manifested.

PTSD Personal Injury Lawyer in Los Angeles

If you’ve developed PTSD that has impaired your life because of another party’s negligence, reckless behavior or wrongdoing, it’s good to know the law in California is on your side. Los Angeles personal injury lawyer Sean Salamati has successfully recovered millions of dollars in verdicts and settlements for his clients. We are an aggressive firm that will protect your rights.

Call us today for a free consultation. There is no charge for our services unless we win your case!

Additional Resources:

  1. American Psychological Association. Clinical Practice Guideline for the Treatment of PTSD. February 24, 2017. https://www.apa.org/ptsd-guideline/ptsd.pdf.
  2. National Institute for Mental Health. Post-Traumatic Stress Disorder. https://www.nimh.nih.gov/health/topics/post-traumatic-stress-disorder-ptsd/index.shtml.


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Can You Sue Your Spouse for Personal Injury?

March 12, 2019 Personal Injury Lawsuits

At first glance, it might seem rare for one spouse to file a personal injury lawsuit against the other spouse.

At first glance, it might seem rare for one spouse to file a personal injury lawsuit against the other spouse. However, this situation is more common than you might think. Furthermore, the act of suing one’s spouse doesn’t only happen in cases of marital separation or a pending divorce. In fact, it’s quite possible for both spouses to maintain good relations with each other, yet still proceed with a lawsuit. Here’s a quick breakdown of how and why this happens.

Interspousal immunity torts

Historically, it has been prohibited for one spouse to sue the other under interspousal immunity torts. Interspousal immunity is based on the concept that a woman’s legal identity becomes inseparable from her husband’s legal identity when the two marry. This legal concept originated prior to the strengthening of the women’s rights movement in the U.S. Since that time, interspousal immunity has been abolished in nearly every state, including California.

Why one spouse might sue the other spouse

Personal injury lawsuits often stem from car accidents. If you consider that many spouses spend a great deal of time together in a vehicle, it makes sense that many accidents occur when two spouses are in the same car, and that in some of those accidents, one of the spouses is at fault for the crash. This is one reason why interspousal lawsuits are more common than you might think.

Furthermore, auto insurance companies are notorious for using every possible loophole to get out of paying for damages. If the insurance settlement won’t cover the medical expenses and other damages, then it may be necessary to have a personal injury attorney file a lawsuit. The lawyer may file a lawsuit against one spouse on behalf of the other in an effort to force the insurance company to pay up. That’s why an intermarital lawsuit doesn’t necessarily indicate that the marriage is on the rocks.

However, some spouses can and do sue each other as the marriage is disintegrating. These lawsuits might stem from incidents of domestic violence, including physical and sexual assault. A personal injury attorney can file a civil lawsuit on behalf of a victim, even if there is a criminal case already pending against the spouse. The civil lawsuit may demand compensation for medical expenses, lost wages, pain and suffering, and emotional distress, among other damages.

What to know about domestic torts

When one spouse has intentionally inflicted harm on the other spouse, the civil lawsuit that may be filed may be referred to as a domestic tort. Like many other legal matters involving personal injuries, there is a statute of limitations. In California, this deadline is two years. However, the statute of limitations for false imprisonment is only one year. It’s always best to seek legal guidance from an experienced personal injury attorney as soon as possible.

Where to turn for legal help in Los Angeles

Sean Salamati and his legal team at The Salamati Law Firm have extensive experience handling complex litigation. Each of our clients is given the highest level of compassionate, personal attention. During the past 20 years, our law firm has successfully recovered maximum compensation on behalf of our personal injury clients in southern California. Call now to request a confidential consultation with our Los Angeles personal injury attorney.

Additional resources on personal injury lawsuits:

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How Long Does It Take for a Facial Fracture to Heal?

November 9, 2018 Personal Injury Lawsuits

Certain injuries, even if not life-threatening, can be relatively disturbing. Whether it is due to a natural protectiveness of the

Doctor analyzing human skull x-ray

Certain injuries, even if not life-threatening, can be relatively disturbing. Whether it is due to a natural protectiveness of the eyes, to the cosmetic effects of facial disfigurement, or another reason, many people are more disturbed by the thought of a facial injury than by the thought of another injury of similar severity elsewhere on the body. For those who have suffered a facial fracture, it is important to allow for sufficient healing time or the area could be re-injured.

Assessing a facial fracture

Facial fractures are broken bones of the face or the mouth. Common facial fractures are:

  • Nasal (nose)
  • Orbital (eye)
  • Maxillary or mandibular (upper or lower jaw)
  • Zygomatic (cheekbone)
  • Frontal (forehead)

It is important to be examined if you have any of these injuries because there could also be head or neck injuries that have gone undetected. Antibiotics may also be necessary if there is a chance the fracture could lead to an infection.

Healing time for facial fractures

The length of time it takes for a facial fracture to heal depends on the type and severity of the injury. In general, however, patients are often instructed to wait 6-8 weeks before engaging in physical activities that could cause further facial injuries.

Facial bruising and swelling may be cleared up in only 2-3 weeks. Nerve damage affecting physical sensation may take weeks or months to heal, and in some cases it may only partial heal or there may even be no recovery at all. Early evaluation and treatment can help prevent complications.

Complications can delay facial fracture healing

In some cases, a fracture will need to be set in order to heal properly, also referred to as “reduction”. This is understandably a bit complicated and it can done without surgery (a closed reduction) or in more complicated cases, require surgery (an open reduction) and the use of plates, screws, or other devices to keep the repair in place.

In any case, but especially in cases with complex fractures, there can be complications. When titanium plates or screws are used to set the break, they are meant to be permanently implanted. However, the devices may become infected or unbearably uncomfortable and require a revision surgery to remove or replace. While titanium parts are in place, they could also prevent the patient from having a CT scan or MRI.

Recovering for facial fractures after an accident in Southern California

There are rare cases of facial fractures due to non-traumatic causes, but most facial fractures are due to accidents or violence. In addition to the distress caused by facial disfigurement, patients often need to worry about medical bills, lost wages, and other financial and emotional losses.

California law recognizes the right of those injured by someone else’s negligence to receive the financial compensation necessary to be made whole. If you have been injured due to someone else’s careless or intentional act, speak with a facial fracture attorney in Los Angeles at Salamati Law.

Additional facial fracture resources:

  1. Cambridge University Hospitals, Facial fractures, https://www.cuh.nhs.uk/addenbrookes-hospital/services/oral-and-maxillofacial-surgery-and-orthodontics/facial-fractures
  2. Cleveland Clinic, Facial Fractures, https://my.clevelandclinic.org/health/articles/facial-fractures
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Anniversary of Las Vegas Shooting Marked with Memorials

October 5, 2018 News, Personal Injury Lawsuits, Wrongful Death Claims

Monday, October 1, 2018, marked the one-year anniversary of the Las Vegas shooting that took the lives of 58 attendees

Group of people holding candle vigil

Monday, October 1, 2018, marked the one-year anniversary of the Las Vegas shooting that took the lives of 58 attendees of the Route 91 Harvest music festival. Hundreds more were injured in the attack. People in and around Las Vegas marked the event with memorials. Meanwhile, investigations have still not revealed a clear motive for the massacre.

Shooting anniversary marked by memorials and homecoming

Officials throughout Nevada recognized the enormity of the anniversary. Governor Brian Sandoval ordered that all state and federal flags fly at half staff from sunrise to sunset. The Las Vegas Portraits Project, a display of artwork of the victims, is on display at the Clark County Government Center through October 19. A shooting survivor from Los Angeles, Dennis Guerrero, started a nonprofit called LoveWins and it is raising money to help the families left behind by the 58 who died.

Remarkably, just a few days before the anniversary, Rosemarie Melanson was released from the hospital. There were over 800 people injured in the shooting and Melanson was the last of the victims to remain hospitalized. She suffered bullet wounds to several organs and was placed on life support immediately after the shooting. Miraculously, she survived, and after nearly a year in the hospital, she finally returned home.

Federal court denies request of venue owner MGM

More than 20,000 people were attending the Route 91 Harvest music festival when Stephen Paddock opened fire on the crowd, killing 58 people and injuring hundreds more. Since then, more than 2,000 people have either sued or threatened to sue those connected with the venue or the shooter.

Hundreds of victims have joined in five lawsuits in state courts in California and Nevada, naming as defendants MGM Resorts International for allegedly not having proper security procedures and trained staff; concert organizer Live Nation for allegedly not having adequate exits and trained employees; and the estate of shooter Stephen Paddock.

MGM, the owner of Mandalay Bay, took a highly unusual step and filed a federal lawsuit naming about 2,000 people who were have sued or threatened to sue the company, requesting that the court issue a declaratory judgment stating that MGM is not liable, and requesting that all of the lawsuits against it be pooled together in multi-district litigation (MDL). Earlier this month, MGM’s requests were denied, allowing existing and future lawsuits against it to proceed in state courts without being transferred to an MDL docket.

Fighting for rights of injury victims in California

Los Angeles personal injury attorney Sean Salamati understands the legal battle that the shooting victims and their families face. The Salamati Law Firm has dedicated the past two decades to fighting for the rights of personal injury victims in LA and around Southern California. If you have been injured and believe someone else bears legal responsibility, call today to schedule a free confidential consultation.

Additional resources on Las Vegas shooting updates:

  1. Bloomberg, MGM Resorts Can’t Centralize Mass Shooting Lawsuits Panel Rules, https://www.bloomberg.com/news/articles/2018-10-03/mgm-resorts-can-t-centralize-mass-shooting-lawsuits-panel-rules
  2. Fox News, Las Vegas shooting: Memorial events mark 1-year anniversary as massacre motive still shrouded in mystery, https://www.foxnews.com/us/las-vegas-shooting-memorial-events-mark-1-year-anniversary-as-massacre-motive-still-shrouded-in-mystery
  3. Fox News, Las Vegas massacre survivor leaves hospital year after shooting, https://www.foxnews.com/us/las-vegas-massacre-survivor-leaves-hospital-year-after-shooting
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How Pain & Suffering Is Calculated in a Personal Injury Lawsuit

September 21, 2018 Personal Injury Lawsuits

Following a personal injury, the medical bills are often the easiest part of a settlement to calculate, but they are

Following a personal injury, the medical bills are often the easiest part of a settlement to calculate, but they are just the tip of the iceberg when it comes to full and complete compensation. A significant part of a settlement or verdict may be a component representing pain and suffering.

What is pain and suffering?

The law recognizes the right of a personal injury victim to be made whole by way of an injury lawsuit. This includes the right to recover both the economic damages that are represented by clearly-defined numbers like medical bills and lost wages, as well as non-economic damages. In some special cases, a plaintiff may also be able to recover punitive damages to punish a defendant for egregious action.

Pain and suffering is one of the most common non-economic damages commonly awarded. It includes both physical effects like past and anticipated future pain, scarring, and limitations on activities, as well as emotional pain like depression, PTSD, and insomnia.

What is my pain and suffering worth?

Pain and suffering is much less precise to quantify than economic damages. Attorneys and insurance adjusters use rules of thumb to arrive at starting numbers that are then tweaked based on the circumstances.

  • Multipliers – The approach familiar to most people, the multiplier approach starts with a number easy to determine – the amount of the medical bills – and multiplies it by a certain factor. The factor is often between 1.5 and 4, and can vary based on the severity of the injury. The insurance industry often relied on computer programs that use a multiplier to arrive at pain and suffering settlement amounts.
  • Per diem – More commonly seen in trial, attorneys may assign a dollar amount for each day of pain and value the pain and suffering at an amount equal to that amount times the number of days the pain and suffering has lasted or is expected to continue.

The numbers arrived at by these methods are only guidelines. They can be impacted by the amounts typically awarded by juries in personal injury cases in that geographic location, the severity of the injury, likelihood of temporary or permanent disability, the credibility of the plaintiff, and even whether the injury is the type to gain extra sympathy if it were to be heard by a jury.

Obtaining pain and suffering compensation in Southern California

There are many factors that can impact a plaintiff’s ultimate recovery of pain and suffering damages in southern CA. Speak with Los Angeles personal injury lawyer Sean Salamati to discuss your circumstance and whether you are entitled to pursue a claim.

At the Salamati Law Firm, we are dedicated to helping clients throughout Southern California hold those at fault responsible for their actions. We work with a team of experts and fight tirelessly for maximum compensation. Call today for a free, no-obligation consultation.

Additional California personal injury pain and suffering resources:

  1. California Law Review, Placing a Price on Pain and Suffering: A Method for Helping Juries Determine Tort Damages for Nonmonetary Injuries, http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1672&context=californialawreview
  2. Justia, California Civil Jury Instructions (CACI) 3905A. Physical Pain, Mental Suffering, and Emotional Distress (Noneconomic Damage), https://www.justia.com/trials-litigation/docs/caci/3900/3905a.html
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How a Serious Injury Can Lead to Financial Ruin

September 17, 2018 Personal Injury Lawsuits

When someone suffers a serious injury and it is caused by another’s careless or intentional act, a natural sense of

Paramedics with man on stretcher in ambulance, low angle view

When someone suffers a serious injury and it is caused by another’s careless or intentional act, a natural sense of justice says that the at-fault party should be partially or fully responsible for the financial consequences. However, the hospitals and other care providers do not care about this – it is the injured party who will receive the out-of-pocket medical bills and potentially face debilitating economic strain. The law leaves it up to those injured to pursue the compensation to which they are entitled.

What happens after a serious accident in California

Unfortunately, we see the same patterns over and over again when clients from across Southern California visit after a severe injury. The injured party seeks medical care and any portion not covered by their medical insurance becomes their responsibility.

The medical bills may be difficult to pay on their own, but the situation compounds when the injury requires time off from work. Other expenses that add to the problem often include:

  • Rehabilitation sessions
  • Professional medical equipment
  • Labor costs involved in hiring workers that cannot be performed due to injury – this can include additional childcare providers to support single parents,, contractors to perform work that small business owners cannot complete, or even handyman services for basic home maintenance

These costs quickly grow, leading to what often feels like a mountain that is impossible to climb.

Financial effect of an accident

Even the most common accidents can lead to financial strain. Simple car accidents averaged $15,000 in medical bills in 2013, and serious and fatal accidents result in far higher bills that can top $1 million. According to the CDC, the average hospital cost following a fall injury is over $30,000.

As discussed earlier, the medical bills are just the tip of the iceberg following a serious injury. Because of the seemingly endless financial trap, many accident victims are tempted to accept a low-ball offer in order to pay bills as soon as possible – but this often means settling for far less than the case is worth and potentially not having the resources to meet all obligation.

Fighting for full compensation in Los Angeles

Statistics show that those who work with a personal injury attorney receive significantly higher compensation than those who do not. Dedicated LA accident attorneys help by working with experts to analyze, understand, and explain the factors that caused the accident and resulting injury, as well as why the defendant should be held responsible.

The CA personal injury attorneys at the Salamati Law Firm are committed to helping those who have suffered a serious injury obtain maximum compensation for their injuries. We put clients’ needs first, aggressively pursuing those who have caused harm in order to make things as right as possible.

If you or a loved one have been injured in an accident and believe someone else is to blame, call the Salamati Law Firm today. We always offer complimentary confidential consultations.

Additional resources on the financial impact of an accident:

  1. Centers for Disease Control and Prevention, Costs of Falls Among Older Adults, https://www.cdc.gov/homeandrecreationalsafety/falls/fallcost.html
  2. Rocky Mountain Insurance Information Association, Cost of Auto Crashes & Statistics, http://www.rmiia.org/auto/traffic_safety/Cost_of_crashes.asp
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Do You Need a “Serious Injury” to File a Lawsuit in California?

September 15, 2018 Personal Injury Lawsuits

Too often, accidents cause serious or catastrophic bodily harm including dismemberment, disfigurement, organ damage, permanent disability, or even death. These serious

Standard manual wheelchair standing in empty hospital corridor

Too often, accidents cause serious or catastrophic bodily harm including dismemberment, disfigurement, organ damage, permanent disability, or even death. These serious injuries impact the lives of not just those injured, but also their closest loved ones who may have depended on the victim for support or may become full-time caregivers. California law recognizes the rights of these parties to recover from parties who carelessly or intentionally caused the injury.

California does not, however, require that injury victims suffer a serious injury in order to receive compensation from an at-fault party. Any person who has suffered an injury due to someone else’s wrongful actions may be entitled to bring a personal injury lawsuit to recover for related losses. This is true even when a full recovery is expected.

Some people mistakenly believe that a serious injury is necessary in order to be eligible to bring a CA personal injury lawsuit. While that is not necessary, here are a few places “serious injury” comes up.

Auto accidents

When it comes to motor vehicle accidents, some states have adopted a “no fault” system, which limits the ability of car accident victims to bring a personal injury lawsuit unless they have suffered a serious bodily injury. These injuries are defined under their respective state statutes and can require permanent disability, loss of a limb, or other hallmarks of catastrophe.

California does not follow a no-fault system; those who are injured in an auto accident have the right to bring a lawsuit for any losses that they suffer, with a few caveats. First, if the victim was also partly to blame for the accident, recovery can be reduced by the proportion of his or her fault. Second, the lawsuit must be filed within the statute of limitations, which is two years from the date of the accident except under special circumstances.

Workplace injuries

When it comes to workplace injuries, Section 330(h), Title 8, of the California Administrative Code defines a “serious injury” as:

any injury or illness occurring in a place of employment or in connection with any employment which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers a loss of any member of the body or suffers any serious degree of permanent disfigurement but does not include any injury or illness or death caused by the commission of a Penal Code violation, except the violation of Section 385 of the Penal Code, or an accident on a public street or highway

The state statutes require employers to take steps to prevent serious injuries as well as to report them promptly.

Recovering for personal injuries in Southern California

At Salamati Law, we know first-hand that even when a serious injury does not fall into the categories discussed above, it can disrupt the life of an individual and his or her family. That is why our team of Los Angeles personal injury lawyers work closely with experts who can help prove your claim and maximize recovery. We are prepared to fight for your best possible result. Call today for a free confidential consultation.

Additional serious injury resources:

  1. California Department of Industrial Relations, California Administrative Code Title 8 Section 330(h), https://www.dir.ca.gov/title8/330.html
  2. California Courts, Statute of Limitations, http://www.courts.ca.gov/9618.htm
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When Is Surgery Necessary for a Neck Injury?

July 20, 2018 Personal Injury Lawsuits

Your neck is a complex structure of spinal bones, joints, tendons, ligaments, muscles, and nerves. Any one of those components

Doctor checking neck brace of his patient in medical office

Your neck is a complex structure of spinal bones, joints, tendons, ligaments, muscles, and nerves. Any one of those components can sustain damage in a fall or a motor vehicle accident, leading to severe acute or perhaps even chronic pain. And in some cases, patients need ongoing medical interventions, which may occasionally include surgery. The decision to have surgery is not one to make lightly. In addition to the practical considerations (medical costs, hospitalization, and lost time at work), there are potential health and safety risks associated with every surgery. Only a qualified surgeon can tell you if surgery might be a good option for you.

When your symptoms are debilitating

Neck injuries can range from mild to severe. If you suffer from mild to moderate symptoms, you might not be a good candidate for surgery. Be specific when describing your symptoms to your doctor. Your doctor may find it helpful to know if you generally have a low or high pain tolerance.

Another consideration is the extent to which your symptoms interfere with your daily activities. Tell your doctor if you’re unable to work, perform self-care tasks, do tasks around the house, or play with your kids or grandkids.

When you’ve already tried conservative treatment options

Surgery is almost always considered a last resort option. Talk to your doctor about the treatments you’ve already tried. Most patients with moderate to severe neck injuries try over-the-counter or prescription-strength pain relievers and anti-inflammatories, heat and cold therapy, and gentle stretching. If you haven’t yet worked with a physical therapist, your doctor may ask you to schedule some sessions before considering surgery. Chiropractic care can also be very helpful for neck injuries, particularly whiplash.

When there is an identified anatomical cause of your pain

Before determining whether you’re a good candidate for neck surgery, your doctor will ask you to undergo some imaging studies. They may include x-rays and a magnetic resonance imaging (MRI) scan. One of the things your doctor will look for is whether there is an anatomical cause of your symptoms. If so, then you may benefit from surgery. For example, you may have suffered disc herniation during the accident. In this case, the surgeon may remove the herniated portion of the disc to relieve your symptoms.

When is it time to pursue a personal injury claim in Los Angeles, CA?

You may be eligible to file a personal injury claim if your neck injury was caused by someone else’s negligence, recklessness, or intentional actions. Car accidents, truck accidents, and motorcycle crashes are all common causes of neck injuries, as are slip and fall incidents. In all of these types of accidents, there’s a possibility that someone else may be held accountable for your injury.

There is a deadline to filing a neck injury lawsuit, so talk with a lawyer right away. Sean Salamati has served residents of LA and throughout southern California for two decades. Our firm takes on complex cases, and we have a long track record of successful legal advocacy services. Call us today for your free consultation at 855-544-0776. We can improve your chances of recovering compensation for your missed time at work, medical expenses, and poor quality of life because of your neck injury.

Additional resources for neck injury patients

  1. Everyday Health, When Surgery Is Needed for Neck Pain, https://www.everydayhealth.com/pain-management/neck-pain/surgery.aspx
  2. WebMD, What Surgeries Help with Neck Pain? https://www.webmd.com/pain-management/surgeries-neck-pain#1
  3. Spine Universe, Cervical Spine Surgery: Will You Need Surgery for Your Neck Pain? https://www.spineuniverse.com/conditions/neck-pain/cervical-spine-surgery-will-you-need-surgery-your-neck-pain
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How an Expert Witness Can Help Your Personal Injury Lawsuit

March 21, 2018 Personal Injury Lawsuits

Expert witnesses are people with specialized knowledge, training, experience or skill. It is this specialized experience that makes them helpful,

Witness swearing on the bible telling the truth in the court roomExpert witnesses are people with specialized knowledge, training, experience or skill. It is this specialized experience that makes them helpful, and often crucial, in a personal injury lawsuit.

Ways expert witnesses can help your case

There are a couple of ways that expert witnesses can help a personal injury victim prove a case. The testimony of some experts is used to help jurors understand complex concepts. Other experts are offered because they are necessary to establish some standard of care (that is, what actions a reasonably skilled and competent professional in a given industry would take under the circumstances in question).

In practice, here is what this can look like.

  • A woman brings a claim against a nursing home for bed sores and other injuries that her mother has suffered in its care. She must work with an expert witness who can testify what actions a reasonable and competent nursing home would have taken to avoid those injuries.
  • A man injured in a traffic accident files a lawsuit against the driver of a truck who struck his car. The man will have a stronger case if he hires an expert in biomechanics to explain to the jury how the impact of the vehicles transferred energy to his body inside the vehicle to cause the precise injuries alleged.

Types of expert witnesses

Experts can come from all sorts of backgrounds. A trained legal eye can evaluate a case and determine what topics would be especially helpful if supported by the testimony of an expert witness. Some types of experts and the topics of potential testimony include:

  • Accident reconstructionist to explain how the accident happened
  • Biomechanic to explain how the injuries occurred
  • Traffic pattern expert to determine factors affecting the flow of traffic
  • Expert in human factors to explain how people perceive and interact with items and environments
  • Technical experts like mechanics and engineers to determine whether factors like improper equipment maintenance is at fault
  • Doctors to discuss the extent of injuries
  • Economists to establish the long-term financial impact of the accident
  • Vocational rehabilitators to help jury understand the plaintiff’s loss in earning capacity

Putting together your winning California legal team

Maximizing a personal injury claim requires skill, experience, and collaboration. Los Angeles personal injury lawyer Sean Salamati has litigated personal injury claims in state and federal courts throughout California and knows how to present a solid case.

Our team prides itself on our firm commitment to meeting clients’ needs. We communicate early and often so our clients always know what is going on in their case. We also work with a skilled team of experts carefully chosen to effectively convey complex issues to judges and juries.

Call 1-888-259-4060 today to schedule a consultation. Remember, we never collect a fee unless we win money on your behalf.

Additional Expert Witness Resources:

  1. Justia, 2009 California Evidence Code Section 720-723: Article 1. Expert Witnesses Generally, https://law.justia.com/codes/california/2009/evid/720-723.html
  2. American Bar Association Journal, Choosing Expert Witnesses, http://www.abajournal.com/magazine/article/choosing_expert_witness
  3. American Bar Association, A Pragmatic Approach to Retaining and Presenting Expert Witnesses: Picking All-Stars and Avoiding Busts, https://www.americanbar.org/content/dam/aba/administrative/litigation/materials/sac_2012/45-1_a_pragmatic_approach_to_presenting_expert_witnesses.authcheckdam.pdf
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