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Oakland Legal Issues Blog

Two suspected drunk drivers cause five-car crash

The roadways in California can get very congested and hectic. Navigating through traffic can be a risky task. However, dangers persist even when traffic dies out. Negligent drivers could be on the roads at any time and in any place. Thus, unsuspecting drivers could collide with a distracted, reckless or intoxicated driver, resulting in a serious accident.

According to recent reports, a five-car crash occurred in Menlo Park. The crash occurred in the northbound lanes of Highway 101 during the early morning hours. Based on the preliminary investigation, the California Highway Patrol believes that two drunk drivers caused the crash.

Seeking damages after a catastrophic injury

Falling victim to a serious accident can be life-altering. One never expects to be suddenly harmed by the negligence of another; thus, following an accident, a victim is likely unaware of what they should do to address these harms. In some cases, injuries caused by an accident can be so severe that a victim is unable to return to their normal life. This could even mean they are unable to work and make a living.

The damages caused by an accident can be tremendous; however, when one is disabled and unable to work, they can suffer significant losses. Thus, it is important for accident victims to understand how they can be compensated for their losses.

Helping you recover workers' compensation for injuries

Workers in California understand that accidents can happen in the work environment. This is especially true for those working in an industry that is considered dangerous. Even when safety precautions are taken, this does not always protect an employee from being injured. Whether one works in an office, factory or construction site, when an injury occurs, a worker may have many questions.

An injured worker may wonder what they should do following a workplace accident. Generally, a worker should report the incident to his or her employer as soon as possible. But what if it is an injury that developed over time and is not due to a sudden accident? Filing for worker's compensation is not an easy and straightforward process. Much documentation is required, and even when an employee completes all the necessary steps, he or she could still be denied these benefits.

Holding drunk drivers liable in a personal injury claim

A legal claim for the recovery of a victim's losses after a drunk driving accident can be an important part in ensuring that the victim has the money and support they require to return to their pre-accident life. Many personal injury claims, including those that arise from drunk driving collisions, are based on negligence. While this post will generally address how negligence applies to legal claims against drunk drivers, readers are reminded that the posts on this California legal blog do not offer any specific legal advice.

Negligence happens when someone fails to meet their duty of care to another person and causes that person to suffer losses. Duties do not have to be formal; generally, when a person chooses to drive they have a duty to others that they will act reasonably given the circumstances that surround them. The failure to meet that duty of reasonableness may result in a breach.

Whiplash can be a serious car accident injury

There are a number of serious injuries that victims may suffer when they are involved in motor vehicle collisions. Injuries can affect victims' bones through fractures, organs through bruising and damage and even soft tissue through strains, sprains and pulls. When a California resident is involved in a car collision, they should always seek medical help to ensure that their physical harm can be improved.

One common but painful form of car accident injury that victims may suffer is whiplash. Whiplash occurs when a person's head is thrown forward and backward and their neck bears the brunt of stabilizing it. Whiplash can happen in many different accident contexts, but it is often associated with rear-end collisions.

What should workers do to get workers' compensation?

There is no question that a work-related injury or an injury suffered while on the job can be damaging to a California resident's life. Aside from the physical pain that they may experience as a result of their harm, they may also suffer financial loss, as they take time off from work to recover and heal. Workplace accidents and injuries should not happen when workers have the proper resources from their employers, and when these preventable forms of loss occur, it is often the responsibility of employers to make their employees whole.

Workers' compensation is a form of financial support a worker may seek when they suffer a workplace injury. This compensation takes the place of litigation and often releases employers from further legal liability for their employees' harm. In order to seek workers' compensation, a worker should first report their injury as soon as possible to their employer.

Dealing with job displacement after a work injury

Suffering an injury at work can lead to devastating consequences. Not only can it mean that you go through painful experiences and suffer a loss of independence for a significant amount of time, but you may not be physically capable of continuing in the work role that you have.

The effects of a serious work injury can be extremely stressful, having a big impact on your personal and financial well-being. However, there are benefits in place to help California workers in this situation to adjust to the changes. It is important that you learn more about how you may be able to retrain for a new career or gain benefits to help you cope with a loss of income.

Litigation and settlement for personal injury claims

A serious personal injury can change the course of a California resident's life. It may prevent them from returning to work or from enjoying the life that they built with their loved ones. It may cause them and their dependents to experience significant financial hardship if they are forced to pay out of pocket for the losses they incurred due to another party's negligence.

One way that individuals can work to recover their losses after such a tragedy is by filing a lawsuit against the party or parties that caused their harm. Litigation is the process of presenting a claim, offering facts and evidence to prove it and overcoming defenses to prevail in court. When a person wins their case through litigation they may be awarded damages based on the losses that they were able to prove.

A denied workers' comp claim need not be the end of the story

Being injured at work is sometimes a minor affair. However, if a workplace injury is severe enough to keep a person in California from being able to work for an extended period, then that person might want to apply for workers' compensation benefits. These benefits can be the financial safety net a worker needs to make ends meet until they can return to work.

It may seem obvious to a worker why their claim should be approved. Unfortunately, sometimes an applicant's initial claim for benefits is denied. However, this need not be the end of the story.

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