Posts tagged personal injury

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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Should You Take Time Off Work After a Car Accident?

January 14, 2019 Auto Accidents

A car accident of any degree of severity can throw your life off track, and dealing with its aftermath can

 road accident scene

A car accident of any degree of severity can throw your life off track, and dealing with its aftermath can seem like a full-time job in itself. Before you make any major decisions, consider talking to a car accident lawyer. An experienced attorney can address all of your questions, like whether taking time off from work after the crash might affect your claim or compensation.

The onset of car crash injuries

It’s usually not a good idea to return to work immediately after an accident, especially if you haven’t seen a doctor yet. You may have injuries that you aren’t aware of. During an accident, your body releases a surge of adrenaline that can mask the symptoms of injuries, some of which may be serious. Another consideration is that some injuries are not evident until a day or two after the accident. One common example is whiplash, which might develop as late as 72 hours after the crash.

Because of the potential for late-onset symptoms and slow-developing injuries, you should receive a full medical evaluation before considering going back to work. You’ll also need to see a doctor to substantiate your legal claim. If you need to have medical bills reimbursed by the insurance company, or if you need to file a personal injury lawsuit, you’ll need those medical records to document your losses.

The advice of your doctor

You should always follow your doctor’s advice in the wake of an accident. You should also get that advice in written form. If your doctor suggests that you take time off work, ask her to write a note to that effect. Even if your employer doesn’t require a doctor’s note, you may need that written documentation to substantiate your legal claim.

Too many accident victims try to return to work too soon after being injured. They might worry about the burden placed on their co-workers or they may be concerned about the lost wages. But it’s not a good idea to return to work before you’re medically cleared to do so, especially if you have a physically demanding job. This could only slow your recovery. It may even worsen your injuries, which could complicate your legal claim.

Your legal claim

Keep track of the number of days you’re out of work. Your personal injury lawyer can add your lost wages to your compensation demand. You might be using up sick days or vacation days to recover from your car crash injuries, and you may still be entitled to receive compensation for them. The value of each sick day or vacation day is one full day’s wages. Let your lawyer know about the logistics of your time off, and he’ll do everything possible to help you recover compensation for those lost days.

Get customized legal guidance tailored to your situation

Thousands of car accidents occur in the U.S. every year, but no two car accident survivors are alike. After a crash, you need personalized legal guidance you can count on. You can turn to Sean Salamati, an accomplished car accident lawyer in Los Angeles. At the Salamati Law Firm, you’ll receive the personalized client care and the informed guidance you need to put your life back together after your accident. Call (213) 372-0218 or email [email protected] to request your confidential consultation.

Additional resources for car crash victims

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How To Get Disability Benefits After a Car Accident Injury

December 28, 2018 Auto Accidents

Injuries resulting from vehicle accidents can leave victims with life-altering impairments. From herniated discs and broken bones to traumatic brain

Woman in wheelchairInjuries resulting from vehicle accidents can leave victims with life-altering impairments. From herniated discs and broken bones to traumatic brain injuries, these types of physical trauma can impact every facet of one’s life, leading to anxiety, depression, lack of mobility and serious financial hardships. An injury claim against the at-fault party can seek certain money damages, but in certain cases you may be eligible to receive disability benefits for auto accident injuries as well.

How do you know if your car crash injuries qualify for benefits from the Social Security Administration (SSA)? Only specific kinds of physical and psychological impairment are eligible for disability benefits, and there are strict requirements for submitting an application.

Do you qualify for disability benefits?

In order to apply for disability benefits after a car accident, you must meet the following requirements:

  • You have sustained documented physical or mental impairment that has lasted for one year (or is expected to last this long), and
  • You are unable to engage in the work you performed in the past, and
  • You are unable to receive training for alternative or less demanding work

Regardless of the types of injuries sustained in an auto accident, it’s vital to get prompt medical attention and have a licensed health provider provide thorough documentation on the diagnosis, treatment plan and prognosis. If your doctor or surgeon makes a written statement that he or she has determined your injuries are severe enough to keep you from gainful employment, this can help your claim for disability benefits. For those who are suffering from lasting emotional trauma or PTSD that makes working impossible, you will need a psychiatrist or similar mental health professional to recommend that you receive disability benefits.

Injuries that qualify for SSA disability benefits

While this is not an exhaustive list, the following are some types of car accident injuries that may qualify for disability:

  • Non-healing fractures of the leg or arm
  • Back disorders including spinal arachnoiditis, lumbar spinal stenosis or vertebral compression
  • Soft tissue injuries of the ligaments, tendons muscles, nerves, blood vessels that have lost functionality for 12 months
  • Spinal cord injuries
  • Severe burns of the extremities that restrict functionality and limit ability to perform routine duties related to everyday living
  • Hip and neck injuries
  • Severe gastrointestinal bleeding requiring a blood transfusion
  • Brain damage
  • Speech impairment stemming from a traumatic brain injury
  • Vision or hearing loss
  • Certain anxiety disorders

The Social Security Administration has a long list of impairments, but it is still possible to apply for disability benefits if you suffered a type of injury that a health professional deems medically equivalent to another condition on the list.

Expert legal assistance in Los Angeles

One of the most important steps to achieving the financial help you deserve after an injury is to contact an experienced law firm that focuses on car accident litigation. Los Angeles residents have come to trust Sean Salamati for skilled representation and compassionate, personalized service.

If you have lasting disability after a collision, we encourage you to reach out today for a free case review with a car accident lawyer at Salamati Law.

Additional Resources:

  1. CA Disability Benefits, California State Disability Insurance (SDI): FAQs https://ca.db101.org/ca/programs/income_support/sdi/faqs.htm
  2. EED.CA.gov, SDI Online, https://www.edd.ca.gov/disability/sdi_online.htm
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NHTSA Promotes Older Driver Safety Awareness Week

December 16, 2018 Auto Accidents

Aging is a fact of life but it still catches us off-guard. The slow process can cause decline in abilities

senior woman in nursing home clasped handAging is a fact of life but it still catches us off-guard. The slow process can cause decline in abilities and present other challenges that make driving less safe, but many older adults are unaware or reluctant to accept the changes.

The National Highway Transportation Safety Administration (NHTSA) joined forces with organizations like the CDC, the American Occupational Therapy Association, AARP, and AAA to promote Older Driver Safety Awareness Week, which ran from December 3–7, to bring awareness to the challenges and possible solutions aging drivers face.

Advanced age: is it safe to drive?

The NHTSA pointed out that some motorists can drive safely into their nineties, but for many others, age-related problems can interfere with road safety.

Some of the more common issues include:

  • Medical conditions
  • Vision problems, including night blindness
  • Problems with sleeping, pain and stiffness, tremors, or memory
  • Effects of medications

If you are a senior who still drives, it may be worth talking with your doctor or pharmacist to determine whether any of your OTC or prescription drugs, or the interactions between multiple drugs, will likely cause driving impairment such as altered judgment, slower reflexes, or dulled alertness.

Solutions for those who are still capable of driving

For the many older adults who are still mentally capable of driving, physical adaptations may make operating a vehicle safer and more comfortable.

A great way to find out about the options for you or a loved one is to attend a local CarFit event. CarFit was created by the American Society on Aging in collaboration with AAA, AARP, and AOTA, and offers a free, non-judgmental volunteer-run assessment of comfort and safety for seniors in their vehicles. Volunteers will check for and help make adjustment to the vehicle to reduce blind spots and make sure controls are accessible.

If more help is needed than simply adjusting seats and mirrors, there are other things that can be done to help older drivers. For example, if manual dexterity has declined, adapted hand controls can be installed. If the seat-belt is too difficult to pull down over the shoulder, a loop can be installed to make it easier.

Older driver safety assessment

The NHTSA encourages people to make an honest assessment about whether driving is still a safe option. It has stated: “Ask yourself, or the older driver in your life: Can you remember the routes you frequently drive? Do traffic signs and signals, or other motorists make you feel overwhelmed while driving? Have you recently received a ticket or citation for a driving violation, or been in a minor crash?” For those who can no longer drive as safely as in the past, it is time to work together to make alternative transportation arrangements.

Los Angeles car accident lawyer Sean Salamati urges those in and around Southern California to take road safety seriously whether you are 18 or 80. A car crash can cause death or serious injury, as well as financial, physical, and emotional losses. If you have been injured in an accident in CA, call the Salamati Law Firm for a free case evaluation.

Additional Older Driver Safety Awareness Week resources:

  1. National Highway Transportation Safety Administration, Keeping Our Older Drivers Safe on the Road, https://www.nhtsa.gov/older-drivers/keeping-our-older-drivers-safe-road
  2. The American Occupational Therapy Association, Inc., Older Driver Safety Awareness Week: Dec. 3-7, 2018, https://www.aota.org/Conference-Events/Older-Driver-Safety-Awareness-Week.aspx
  3. The American Occupational Therapy Association, Inc., Monday: Anticipating Changes That Can Affecting Driving, https://www.aota.org/conference-events/older-driver-safety-awareness-week/monday-full-article.aspx

 

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Heavy Rains Trigger Mud Slides and Spike in Vehicle Accidents

December 14, 2018 Auto Accidents

In the wake of rampant forest fires, mud and debris slides throughout the region wreaked havoc in California, and are

A fire engine races to the scene of an emergency.In the wake of rampant forest fires, mud and debris slides throughout the region wreaked havoc in California, and are tied to a number of serious traffic accidents.

In just one day, the California Highway Patrol (CHP) reported four times the number of accident calls it usually receives, at 365 between 5 a.m. and 9 a.m. Southern California was being lashed with torrential rains. The volume of water and heavy wind gusts, combined with rush hour, caused the spike.

Police noted that many Los Angel residents are not used to driving in periods of heavy rains or on wet roads, and the unfamiliarity may have contributed to the spike in crash rates.

Several CA highways were closed due to accidents, including the 101, 118 and 134.

Fire-devastated ground susceptible to mudslides

The heavy storm front occurred, of course, in the wake of the severe fires that have damaged southern California. Once a fire has occurred, the vegetation no longer holds the earth in place, and it becomes much more susceptible to mudslides if rain falls. There is also much debris left in the wake of the fires, and this can tumble if dislodged by wind, rain, or mud.

Mud and debris slides were happening throughout the Los Angeles region. Residents were endangered and a number of motorists were trapped in rising rain, blocked roadways, or slides. In Malibu, roadways were closed and orders to evacuate issued. In both Orange and Riverside counties, debris flows occurred. Schools were closed in multiple locations to ensure the safety of schoolchildren.

In San Bernardino County, mud covered several cars. As a result of the slide, CHP closed some sections of Highway 38.

Mud and debris slides can cause health and safety issues, especially if chemicals or dangerous items in the mud and debris get into the water and ground systems, rivers, or oceans. In several areas, beaches were closed.

Car accident lawyer for CA residents

If you or a loved one needs experienced legal representation from a car accident lawyer Los Angeles residents have come to trust, we invite you to reach out to Salamati Law Firm today. Please call  800-957-9898 to schedule a free, no-obligation consultation to learn about your rights to compensation.

Additional Resources:

  1. “365 accidents reported in 4-hour period during rain-soaked morning commute in SoCal.” ABC7. November 29, 2018. https://abc7.com/traffic/365-accidents-reported-in-4-hour-period-during-socal-storm/4794475/.
  2. “Rain triggers debris flows as storm rolls across fire-scarred regions of California.” Los Angeles Times. November 29, 2018. https://www.latimes.com/local/lanow/la-me-ln-rain-flood-warning-20181129-story.html.
  3. Rice, Doyle. “It’s Raining in Los Angeles, and People Are Freaking Out!” USAToday. November 29, 2018. https://www.usatoday.com/story/news/nation/2018/11/29/los-angeles-rain-hysteria-erupts/2150958002/.
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Study: Suicide Risk Increased After Traumatic Brain Injury

December 7, 2018 Brain Injuries

A moderate to severe traumatic brain injury (TBI) can be among the most serious injuries a person can sustain. According

A moderate to severe traumatic brain injury (TBI) can be among the most serious injuries a person can sustain. According to the findings of a recent study, the potential long-term complications of a TBI may include an increased risk of suicide. There are many possible causes of brain injuries, including motor vehicle accidents, slip and fall incidents, construction accidents, and sports accidents, just to name a few. Elder neglect is another possibility.

Latest research on concussions

Researchers from Canada and the U.S. did a meta-analysis review of studies on concussions and brain injuries. All 17 of the studies included in the analysis had been published after 1963. In total, the review analyzed data from over 700,000 patients who had a TBI diagnosis. The control group consisted of 6.2 million patients who did not have a brain injury diagnosis.

The researchers’ findings indicated that patients with a history of TBI had a two-fold increased risk of engaging in suicidal behavior, attempting suicide, or reporting suicidal thoughts. It’s possible that multiple concussions on the same patient may increase the risk further. However, the researchers’ findings on this matter were inconclusive.

This meta-analysis review is just one of the recent studies to examine the link between concussions and suicide. A study published in August 2018 in the Journal of the American Medical Association (JAMA) also concluded that patients with a history of brain injuries had double the risk of suicide.

In that study, conducted by researchers from Denmark, the data from over 34,000 individuals were examined. The data revealed that, among people with no history of TBIs, the absolute suicide rate was 20 per 100,000 person-years. Among people with a history of brain injuries, the absolute suicide rate was 41 per 100,000 person-years.

Other serious complications of concussions and brain injuries

As alarming as this research may be, it’s only the tip of the iceberg regarding the potential complications of concussions and traumatic brain injuries. A moderate to severe TBI may result in convulsions or seizures, coma, and persistent headaches. Some survivors display unusual behavior and personality changes, including aggressive or combative behavior. It’s also possible to suffer from long-term cognitive problems, intellectual disabilities, and communication impairments.

If the brain injury also resulted in cranial nerve damage, the patient may suffer from the paralysis of the facial muscles, loss of vision or double vision, and dizziness. Hearing loss, loss or altered sense of taste, and swallowing problems are other possible complications of TBIs.

Find a Los Angeles brain injury lawyer today

For two decades, injured individuals in southern California have relied on the Salamati Law Firm to provide sound legal guidance and vigorous representation, both in and out of the courtroom. If you or a loved one has sustained a TBI in a slip and fall incident, car crash, or similar accident, you can benefit from a free case review with our traumatic brain injury lawyer in Los Angeles. Our results-oriented approach may enable you to recover compensation from a negligent party. Call 1-855-336-1703 today or email us at [email protected]

Additional resources on traumatic brain injuries:

  1. JAMA Neurology, Association of Concussion With the Risk of SuicideA Systematic Review and Meta-Analysis, https://jamanetwork.com/journals/jamaneurology/article-abstract/2712851
  2. JAMA, Association Between Traumatic Brain Injury and Risk of Suicide, https://jamanetwork.com/journals/jama/article-abstract/2697009
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How to Choose a Slip and Fall Lawyer in Downtown LA

November 29, 2018 Slip Trip and Fall

It’s a safe bet that everyone is prone to a little clumsiness from time to time. But sometimes, people fall

fall down stairs

It’s a safe bet that everyone is prone to a little clumsiness from time to time. But sometimes, people fall and sustain serious injuries because of the negligence or recklessness of another person. If you were injured on someone else’s property, or on public property, you may have the basis for a personal injury lawsuit. A slip and fall lawyer in Los Angeles can evaluate your case and advise you about the potential for a legal claim. Since the skills, experience, and knowledge of the attorney is crucial for the success of your claim, it’s worth taking the time to do a little background research to ensure you pick the right personal injury attorney.

Extensive experience with personal injury lawsuits

It goes without saying that it’s best to choose a slip and fall lawyer in downtown Los Angeles who has litigated these types of cases before. For slip and fall cases in particular, it’s helpful to choose a law firm that has litigated claims in both state and federal courts, as premises liability lawsuits may name governmental entities as defendants.

Law firm resources, legal team, and consultants

Personal injury lawsuits can be complicated. These cases often require evaluation and input by outside professionals, such as accident reconstruction experts, investigators, and medical specialists. Look for a law firm that has established relationships with these types of outside consultants, and has the resources necessary to bring them on board for your case.

Commitment to ongoing communication and client education

Some lawyers have developed a reputation for being difficult to get ahold of on the phone. If you’re stressed about your case and your mounting medical bills, the last thing you need is a lawyer who never picks up the phone. Look for a law firm that is committed to keeping you apprised of the status of your case. Your slip and fall lawyer should also fully inform you of the legal issues involved. Client education is essential for good decision making.

An overview of slip and fall incidents in southern California

A slip and fall accident can happen anywhere. If it happens on someone else’s property, the property owner or manager may be held liable for your injuries, depending on the circumstances. Some common places for slip and fall injuries in the CA area include restaurants and bars, since liquids may be spilled on the floor frequently, creating a hazardous condition. Museums, malls, shopping centers, retail stores, sidewalks, parking lots, government buildings, and office buildings are other common locations of slip and fall accidents, as are apartment complexes and nursing homes.

The Salamati Law Firm in Los Angeles is a leading choice among slip and fall victims because of our personalized approach, attentive service, and long track record of successfully recovering compensation on behalf of our clients. Our slip and fall lawyers in downtown LA provide reliable legal guidance so that you can make a smart decision in the wake of an accident. Our legal team may help you recover compensation for your medical expenses, lost wages, and pain and suffering. Contact us today to set up an initial consultation.

Additional resources about slip and fall accidents

  1. Medscape, Falls in the Elderly: Causes, Injuries, and Management, https://reference.medscape.com/features/slideshow/falls-in-the-elderly
  2. Centers for Disease Control and Prevention, Important Facts about Falls, https://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html
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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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3 Best Inland Empire Motorcycle Rides

November 7, 2018 Motorcycle Accidents

Residents of Southern California are fortunate for many reasons. A temperate climate, fantastic beaches and spectacularly scenic roads provide ample

Residents of Southern California are fortunate for many reasons. A temperate climate, fantastic beaches and spectacularly scenic roads provide ample opportunities for weekend getaways and long road trips. For avid bike owners, the Inland Empire is heaven. Whether you live in Riverside or San Bernardino County, the area is flush with amazing motorcycle rides that meander to the mountains, along the coastline and into the arid desert plains.

For those looking for a scenic weekend bike trip, here are three of the best Inland Empire motorcycle rides.

Big Bear Lake

Big Bear is a famous destination for skiing and snowboarding, but the area has much more to offer than just winter sports. Enjoy the fresh pine scent and beautiful mountain vistas on a journey to this nature-lovers’ hotspot. If you’re heading out from San Bernardino and prefer a longer but much more scenic route, we suggest taking highway 330 to the 18. You’ll go by Snow Valley Ski Resort and a couple of picture-worthy peaks en route. While the trip clocks in at 41 miles, allow yourself close to two hours to reach Big Bear lake. The switchback roads will slow you down, but the landscapes make this jaunt well-worth the effort. Stop into Chad’s Place for a bite to eat – a local favorite.

Idyllwild Forests

Idyllwild is tucked in the Jacinto Mountains and is renowned for its hiking, mountain biking and camping opportunities. If you’re eager to escape the hustle and bustle of city life, and gaze upon towering pines and giant cedars, this road trip is just for you. Take highway 10 East from Riverside until you reach the 234. Continue south on the winding road, taking care on those tight turns. The trip is just under 60 miles from San Bernardino (roughly an hour and 15 minutes on the bike) and makes for an easy half-day trip. Idyllwild still charms visitors with its cozy hometown atmosphere and has a nice selection of dining options. Check out Café Aroma, the Red Kettle or Jo’ans Restaurant & Bar. All good choices for a relaxing lunch.

Desert ride to Palm Springs

This desert resort city in Riverside County is praised for its spas, hot springs and championship golf. But veteran bikers know Palm Springs also makes for a fun desert road trip. Take the 10 East and make a loop around Palm Springs by taking highway 111. This picturesque route will pass by Palm Desert and Cathedral City, where you’ll find the Living Desert and Zoo, among other cool attractions.  A bit farther on and you’ll reach Indio, CA home to the Fantasy Springs Casino. This motorcycle ride should take you about 90 minutes one-way from Riverside.

Ride safe and call Sean Salamati for legal help

Attorney Sean Salamati is an advocate for motorcyclists in California and is also a seasoned litigator when it comes to protecting clients’ rights. From experience, we know that many motorcycle accidents are caused by other motorists who fail to see them. Be alert, wear your helmet and drive defensively. And if you need expert legal guidance, be sure to reach out to Los Angeles motorcycle accident lawyer Sean Salamati Law for a free consultation.

If you need assistance filing a claim or dealing with insurance adjustors after a crash, please call our L.A. personal injury law office today.

Additional Resources on Inland Empire Rides:

  1. Big Bear, Big Bear Lake https://www.bigbear.com/
  2. Idyllwild California, Idyllwild http://www.idyllwildcalifornia.com/
  3. OC Parks, Capistrano Beach Park http://www.ocparks.com/beaches/capistrano/
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Who Is Liable for Slip and Fall Injuries in Hospitals in California?

October 25, 2018 Premises Liability Lawsuits, Slip Trip and Fall

Hospitals are a place to visit for medical care and healing but they can also lead to injuries. Both patients

Group of doctors in a hurry down the hospital hallway for emergency

Hospitals are a place to visit for medical care and healing but they can also lead to injuries. Both patients and visitors can experience on-site injuries from slip and fall accidents. When this happens, the next logical question is, who is liable? For a few reasons, the answer is not completely straightforward.

Types of hospital slips and falls

From slick floors to liquid substances to medical carts that obstruct paths to unsecured carpet tiles to medication errors, there are many reasons a patient or visitor could fall in a hospital. Depending on the circumstances, the underlying reason could be general negligence or professional negligence, each carrying a different statute of limitations, limit of damages recoverable, and burden of proof.

Ordinary negligence slip and falls

A defendant may be liable in a premises liability claim when it knew of should have known of a hazard but failed to issue a warning or fix the hazard. The plaintiff bears the burden of proving that the defendant or his or her employees acted unreasonably.

A slip and fall victim has two years to file a personal injury lawsuit under an ordinary negligence theory. However, there could be a shorter notice period to meet before filing a claim if the fall occurred at a government-owned hospital.

Professional malpractice in California hospital claims

Many slips and falls in hospitals are the result of medical malpractice or other professional malpractice. For example, medication errors that impair a patient’s stability could be the result of medical malpractice. However, California authorities have deemed it professional negligence to fail to maintain any equipment necessary for treatment or care. This broadens the net of professional malpractice to many surfaces within a hospital.

California professional liability lawsuits must be filed within one year of discovery. Plaintiffs also need to hire an expert witness to prove the defendant did not meet the necessary standard of care for a professional in that industry. Further, under California’s Medical Injury Compensation Reform Act (MICRA), damages are limited.

Who pays when the hospital is responsible?

Who is liable for a hospital fall will depend on the facts. Often the hospital is liable but if the doctor made a mistake, a separate company that employs the doctor could be on the hook. If the fall was caused by ordinary negligence, another party, like a cleaning crew responsible for the premises, could also be to blame.

This is less clear-cut than it sounds; some hospitals are privately-owned, some are part of a regional medical chain, and some even operate under contract by the federal government, meaning claims would need to comply with tort liability procedures under federal statutes.

Recovery for hospital slips and falls in Southern California

When you or a loved one has suffered an injury on someone else’s property, you need experienced counsel who will fight for your rights. This is especially necessary when battling the red tape involved in a hospital slip and fall. The Salamati Law Firm has dedicated the past two decades to fighting for the rights of those injured in CA. Call today to speak with a Los Angeles slip and fall attorney at the Salamati Law Firm.

Additional hospital slip and fall resources:

  1. Micra.org, Provisions of MICRA, http://micra.org/specifics-of-micra/provisions-of-micra/
  2. S. Department of Veterans Affairs, Claims Under the Federal Tort Claims Act, https://www.va.gov/OGC/FTCA.asp
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