Category: Injury-Related Deaths

Wrongful death from a 2020 California wild fire

Deaths related to fires are always tragedies. Sometimes, there is no one who can be held accountable in court. Other times, there is an individual or entity legally responsible for the death of a loved one. In a natural disaster such as the fires in California in 2020, do not assume that no one is liable for the tragic death of a loved one. Investigations may find that a person or company has contributed to the wildfires, giving a family member cause to file an unlawful death claim. Daniels Law can help with these claims.

With the 2020 California Wild Fires near containment, the tragic loss of life caused by other people’s negligence or recklessness is crying out for justice. PG & E Co. is under investigation for a possible connection to the Zogg fire, and further investigations are underway.

If investigations show that a power company or other person or entity could reasonably have prevented the fires with due care, surviving family members of the deceased may have reasons to file wrongful death claims against the person responsible. A death is “wrongful” if the actions of a person or organization result in death. Negligence, wanton disregard for the safety of others, and intentional injury can all result in an unwarranted death. You will need the help of a lawyer to determine whether your case has merit as a wrongful death lawsuit after the 2020 California Wild Fires.

In order for the civil courts to hear your case, you must comply with California’s rules for filing a lawsuit. Only certain parties have the right to file a lawsuit after a death. In California, the surviving spouse, domestic partner, or surviving children of the deceased may file this type of lawsuit. If these survivors do not exist, anyone “entitled to the decedent’s property by intestate succession” reserves the right to file. This can include the decedent’s parents or siblings.

You have two years from the anniversary of your loved one’s death to file an unwarranted death claim in the State of California. If you miss this deadline, you lose the right to file a lawsuit. Do not wait until 2022 to file your claim for a loved one who died in the California 2020 fires. Speak to a lawyer as soon as possible to discuss your legal options and your claims for recovery after a negligent wildfire affects the life of a loved one.

Daniels Law’s attorneys and employees are deeply saddened by the loss of lives as a result of the recent fires. They have attorneys and employees directly affected by past fires and want to help fire victims obtain justice from responsible parties. Regardless of whether an energy company played a role in the recent wildfires and / or any other party, Daniels Law can help victims obtain the compensation they deserve.

 

Brain injury from a fall or accident causing personal injury

A blow to the head is a serious matter.

It could be a car accident, or maybe a trip / slip / stumble and fall.

The human skull does a pretty good job of protecting the human brain.

But it doesn’t protect perfectly.

So we see people with brain injuries of all kinds. The obvious injuries are where the skull is broken, when you can see brain tissue through an open wound, which is pretty good evidence that the brain is injured.

What many people do not know: Sometimes people suffer a brain injury even with the skull intact.

Many of these are so-called “acceleration injuries.” This means that a blow suddenly pushes the head in one direction, and when the head stops moving, the brain tissue inside does not.

This can cause all sorts of problems, one of which is what doctors call “axonal shearing,” which happens when tiny brain structures are damaged by the sudden acceleration / deceleration of the human head.

In the last fifteen years, doctors have learned a lot about brain injuries because our soldiers have suffered combat wounds abroad. Explosive explosions regularly cause acceleration injuries that were previously seen only in places where a person was hit by a solid object or in a car accident. For people suffering from traumatic brain injury, improving medical knowledge is a good thing. But we still have a long way to go, because traumatic brain injuries are very often a hidden injury. While people understand obvious injuries, such as the sight of a cast over a broken leg, people can be skeptical about injuries they cannot see.

So it’s incredibly important to recognize a traumatic brain injury, whether it’s your own injury or someone you love.

First steps.

Often, a person with a traumatic brain injury won’t recognize they are injured. In fact, it is usually the people around the injured person who first notice that “something is not quite right.”

My friend Tom Dempsey has developed a questionnaire for the examination of suspected brain injuries that we use in our law firm. The first page of the form is for the person with suspected brain injuries, the second two pages are for family and friends to fill in. With the information from this form, a doctor or lawyer will have a better idea of what questions to ask and what steps to take to confirm or exclude the suspicion of traumatic brain injury.

Testing.

If there is good reason to believe that a person is suffering from a traumatic brain injury, medical providers must evaluate the patient and conduct proper tests.

The best minimum application is for the patient to see a neurologist for an examination. If necessary, there are other specialists who can be helpful, such as neuropsychologists or neuropsychiatrists. A neuroradiologist can carry out various studies to help treating doctors locate problems.

While an emergency room X-ray or CT scan may look normal, other more specialized tests such as an MRI, PET scan, DTI or SPECT scan may reveal hidden problems.

The good news is that 85% of victims of traumatic brain damage will recover within two years, with the remaining 15%, often referred to by doctors as the “miserable minority,” facing a tougher time.

Irrespective of this, as in all medical fields, the sooner a patient receives adequate medical care, the better his or her chances of a good outcome.