Los Angeles Personal Injury Attorney Blog

Published on: October 15, 2024

Enhanced Remedies for a DUI Crash Causing Injuries in California

In California, driving under the influence (DUI) accidents that result in injuries are treated with particular severity in both criminal and civil courts. Beyond compensatory damages for the injured party, enhanced remedies such as punitive damages and potential recovery of attorney’s fees can significantly increase a defendant’s liability. Understanding these enhanced remedies and their statutory and case law foundations is crucial for both plaintiffs and legal practitioners navigating the complex aftermath of a DUI crash.

Punitive Damages in DUI Injury Cases

Punitive damages are intended to punish particularly egregious behavior and deter similar conduct in the future. In California, DUI accidents causing injury often qualify for punitive damages due to the inherent recklessness of driving under the influence of drugs or alcohol. Unlike compensatory damages, which are meant to cover the victim’s medical expenses, lost wages, and pain and suffering, punitive damages focus on the defendant’s conduct.

Published on: October 11, 2024

Understanding Nursing Home Abuse in Los Angeles: Legal Protections and Remedies for Victims

by Steven M. Sweat

As the population ages, more families are relying on nursing homes and assisted living facilities to care for their elderly loved ones. Unfortunately, not all nursing homes provide the safe and supportive environment that residents deserve. Nursing home abuse is a serious issue, and it can take many forms, including physical, emotional, and financial abuse, as well as neglect. If you suspect that a loved one has been abused in a nursing home in Los Angeles, you should be aware of the legal protections available and the steps you can take to hold abusers accountable.

What Constitutes Nursing Home Abuse?

Nursing home abuse can manifest in various ways:

Published on: October 3, 2024

Sexual Assault by Teacher Verdict Upheld in California

by Steven M. Sweat

Californians who have been the victim of childhood sexual abuse at schools, churches, or other institutions that have authority over children may have grounds to pursue civil claims against the perpetrators and the institutions that allowed the abuse to occur. In A.H. v. Tamalpais Union High School Dist., Cal. Ct. App. Case No. A165493, A166684, the Court of Appeal found that a school district could be liable for childhood sexual abuse perpetrated by a high school coach because the district should have known the man had a propensity to commit the act based on a pattern of previous conduct.

Factual and Procedural Case Background

A.H. attended Tamalpais High School from 2000 to 2004, graduating in 2004. While in high school, he played on the tennis team, which was coached by Normandie Burgos, a physical education teacher and coach. Burgos had been hired by the school in 1998.

Published on: September 20, 2024

The Importance of a Life Plan for Traumatic Brain Injury Survivors

by Steven M. Sweat

Traumatic brain injury (TBI) can profoundly alter a person’s life, creating unexpected challenges that affect not only the individual but also their family, caregivers, and the community. Recovery from a TBI is often unpredictable and complex, requiring medical treatment, rehabilitation, and long-term support. In such a situation, a well-crafted life plan becomes a crucial tool for TBI survivors and their support network, offering a roadmap for the future and a means to regain control in the aftermath of such a life-altering event.

Understanding Traumatic Brain Injury

A TBI occurs when the brain sustains damage due to a blow, jolt, or penetration. Its severity ranges from mild concussions to severe injuries that cause long-term cognitive, physical, and emotional impairments. Recovery timelines vary greatly, with some individuals experiencing lifelong symptoms, while others recover more quickly but may still deal with lingering effects.

Published on: August 23, 2024

Understanding Traumatic Brain Injury: Symptoms, Diagnosis, and Treatment

by Steven M. Sweat

Introduction

Traumatic brain injury (TBI) is a complex medical condition that affects millions of people each year. TBIs can range from mild concussions to severe brain damage and can have far-reaching consequences on an individual’s health, well-being, and quality of life. Diagnosing and treating TBIs can be challenging due to the wide range of symptoms and potential complications, but with advances in medical imaging and treatment modalities, care for TBI patients has improved significantly.

In this article, we will explore the various symptoms of TBI, diagnostic methods, and treatment options available to those who suffer from this condition.

Published on: July 19, 2024

Understanding Spine Injuries: Types and Treatment Modalities

by Steven M. Sweat

Introduction

The spine, a crucial component of the human body, plays a vital role in our overall well-being. It provides structural support, enables movement, and protects the spinal cord, which is essential for transmitting signals between the brain and the rest of the body. However, spine injuries are relatively common and can significantly impact a person’s quality of life. In this article, we’ll explore various types of spine injuries and the treatment modalities available to manage and alleviate these conditions.

Types of Spine Injuries

Published on: June 27, 2024

The Top Five Bicycle Accident Scenarios and How to Avoid Them

by Steven M. Sweat

Bicycling is an increasingly popular mode of transportation and recreation, offering numerous health and environmental benefits. However, it also comes with its own set of risks, particularly when sharing the road with motor vehicles. Understanding common bicycle accident scenarios and how to avoid them is crucial for ensuring safety. Here, we outline the top five bicycle accident scenarios and provide practical tips on how to prevent them.

1. The Right Hook

Scenario: A “right hook” occurs when a vehicle passes a cyclist on the left and then makes a right turn, cutting off the cyclist’s path. This can happen at intersections or driveways and often results in the cyclist crashing into the turning vehicle or being forced off the road.

Published on: May 7, 2024

Los Angeles Has High Incidence of Pedestrian Accidents Including Fatalities

by Steven M. Sweat

What Pedestrians Injured in Los Angeles Accidents Need to Know

Los Angeles is infamous for its heavy traffic and fast-paced lifestyle. Unfortunately, these characteristics also contribute to a higher incidence of pedestrian accidents. If you or a loved one has been injured in a pedestrian accident in Los Angeles, it’s crucial to understand the statistics, your rights, and the resources available to help you navigate this challenging time.

The Stark Reality: Pedestrian Accident Statistics in Los Angeles

Published on: March 15, 2024

Waymo Robotaxis in Los Angeles – What Happens if They Crash?

by Steven M. Sweat

Los Angeles residents might have seen driverless cars being tested on the city’s streets over the past two years. These vehicles will likely become more common in LA because Waymo, the subsidiary of Google that provides driverless vehicles, has been approved by the California Public Utilities Commission to expand the company’s robotaxi services into Los Angeles. While driverless robotaxis will be allowed to transport passengers in LA soon, this development will likely lead to additional headaches when these vehicles crash and cause injuries.

Waymo Robotaxi Expansion Approved

According to the Los Angeles Times, Waymo, which is owned by Google’s parent company, Alphabet, Inc., was approved by regulators at the California Public Utilities Commission to begin operating driverless robotaxis in Los Angeles and San Mateo County. A company spokesperson said the vehicles will not initially begin driving on highways but will instead be operated on the streets.

Published on: March 7, 2024

Measure HLA Aims to Improve Pedestrian and Bike Safety in Los Angeles

by Steven M. Sweat

Despite stiff opposition from firefighters and others, it appears that Los Angeles Measure HLA was passed by voters on March 5, 2024. NBC4 News has projected the measure was passed although the final results might not be known for a few weeks. The race was projected when early voting results showed that nearly 2/3 of voters had cast their ballots in favor of passage or a ratio of 63% to 37%. Here’s what to know about Measure HLA and what it will do if enacted.

What Is Measure HLA?

Measure HLA is a citizen-sponsored ballot initiative to make the city’s Mobility Plan mandatory. The Mobility Plan, which was approved by the city in 2015, recommended the city add bike lanes, widen sidewalks, add bus lanes, and add other infrastructure to slow traffic. The improvements would be completed whenever the city repaves any section of street at least 660 feet long. While the Mobility Plan called for these improvements to specific streets in Los Angeles, the city has completed very few. According to officials, the Mobility Plan was simply meant to provide guidance rather than requiring improvements.