Articles Posted in Personal Injury

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In this article, we discuss personal injury settlements and whether the money received may be community or separate property. We thank Orange County divorce attorneys, Farzad Family Law for their contribution to this article. Nothing in this article is legal advice. It is not intended to apply to your specific situation. Please ensure you retain an experienced family law attorney to provide you with the advice you need on this topic and to represent you. Also, California law can change and this article is not updated with the current law. That is another reason you should always consult with an attorney before you make any decision on your specific matter. Continue reading →

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Triple A projects that this year 43.6 million Americans will travel 50 miles or more from home during the Thanksgiving holiday weekend, which is an increase of 0.7 percent over the 43.3 million people who traveled last year. AAA has also said that this year, about 90 percent or 39.1 million people plan to travel in a vehicle. This is a slight increase compared to last year. While Thanksgiving is a wonderful holiday and a time when families get together, it is also a time when a number of auto accidents occur due to increased traffic on our roadways.
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Federal government officials and the New York Attorney General’s office are investigating claims that the drink 5-Hour Energy led to 13 deaths and 33 hospitalizations over the last four years. According to an ABC news report, the popular energy shot, which comes in two-ounce packages and packs a powerful caffeine punch, is being linked to serious side effects and death. Researchers are particularly looking into the effects of using multiple cans of the drink at once. Each can is said to have the caffeine content of two cups of coffee.

This is the second time in one month that the Food and Drug Administration has singled out energy drinks. In October, Monster Energy was linked to five deaths. The manufacturers point out that these are just claims and allegations and that there are no proven links. Company officials maintain that their products are harmless and that there is no evidence to show that the drinks directly caused the deaths.
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A 64-year-old woman in a wheelchair died a day after she fell down an escalator at a Metro station. According to a KTLA news report, the incident occurred at the Hollywood/Highland Metro Red Line station on October 16, 2012. Officials say the elevator from the mezzanine area to the street level was not functioning, prompting the woman and her caregiver to take the escalator. Shortly afterward, the escalator malfunctioned sending both women tumbling backwards. The woman in the wheelchair suffered severe head trauma and died a day later. The 48-year-old caregiver suffered cuts and bruises, but is expected to recover. It is not clear if she will face charges in connection with the incident.

I offer my deepest condolences to the family members and friends of this woman who has been tragically killed here. Please keep them in your thoughts and prayers.
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A new law is being proposed that will require nursing homes to submit a monthly report regarding the extent of antipsychotic medications being used at the facilities. According to a news report on McKnights.com, The Improving Dementia Care Treatment in Older Adults Act (S. 3604) was introduced this week by senators Herb Kohl, Chuck Grassley and Richard Blumenthal. This new law would basically standardize procedures for obtaining informed consent from a resident or their legally designated representative acknowledging the potential risks and side effects associated with psychotropic drugs.

The law also calls for the creation of prescriber education programs and campaigns to promote non-drug treatments for hostile dementia residents. Kohl says that the goal of the legislation is to decrease the use of antipsychotics in nursing homes and move toward safer alternatives.
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Margarita McIntosh, 75, was killed in a Ventura pedestrian accident, which officials say involved a school bus driver who was under the influence of drugs. According to a CBS Los Angeles news report, the fatal collision occurred at the intersection of Woodland Street and Brookshire Avenue, the afternoon of September 26, 2012. Officials say the school bus carrying 11 children was heading north on Brookshire when it made a left turn on Woodland striking the elderly pedestrian who was walking in a crosswalk.

McIntosh was transported in critical condition to an area hospital where she died. The school bus driver, 54-year-old Joanne Madaule, was under the influence of unspecified drugs at the time, California Highway Patrol officials said. She was arrested on suspicion of felony DUI and for being under the influence of a controlled substance. The investigation is ongoing.
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Gerson Hernandez, 27, suffered fatal injuries on the job after he was pinned under collapsing palm fronds on September 22, 2012. According to a news report in the Los Angeles Times, Hernandez was trimming a palm tree in the 1400 block of North Martel Avenue in Hollywood when he was trapped under the fronds. Hernandez was about 30 feet above the ground at the time of the accident. Officials stated the victim could have been crushed or asphyxiated by the fronds, which can weigh up to half a ton. The cause of death has not yet been determined. The investigation is ongoing.

I offer my deepest condolences to the family members and friends of Gerson Hernandez for their tragic loss. Please keep them in your thoughts and prayers.
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An 89-year-old woman suffered major injuries in a Glendale car crash after a motorist struck her. According to a news article in The Glendale News-Press, the major injury collision occurred the evening of September 23, 2012 at the intersection of California and South Glendale avenues. Police say the woman was walking east in the California Avenue crosswalk when the motorist who was traveling west to South Glendale struck her. She suffered major body trauma including a broken leg and upper body bone fractures. Preliminary investigations show that the motorist failed to yield the right-of-way to the woman at the crosswalk. The investigation is ongoing.

My thoughts and prayers are with the injured victim of this pedestrian accident. I wish her the very best for a speedy and complete recovery.
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At least one person was injured in a Newport Beach car accident after two vehicles collided at a street intersection, the afternoon of September 21, 2012. According to the Daily Pilot, the injury collision occurred at the intersection of Newport Coast Drive and Vista Ridge Road. Officials say the accident involved a delivery truck and a small passenger vehicle. The five-ton truck and a smaller car came into “full-speed contact” at the intersection, police said. One person was transported to an area trauma center in stable condition. Both vehicles were traveling at about 40 mph at the time of the crash.

My thoughts and prayers go out to the injured victim of this collision. I wish the victim the very best for a speedy and complete recovery.
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