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The California Personal Injury Law Firm of Mary Alexander & Associates Practice Areas and Legal Definitions

Vehicle Accidents:

Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim in a car wreck or other accident. A personal injury case involving a vehicle accident may become formalized through a lawsuit in civil court, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include:

  • Admiralty and Maritime Law
  • ATV Accidents
  • Automobile Accidents
  • Aviation Accidents
  • Bicycle Accidents
  • Boating Accidents
  • Commercial Bus Accidents
  • Cruise Ship Accidents
  • Intersection Accidents
  • Motorcycle Accidents
  • Multiple Vehicle Car Accidents
  • Pedestrian Accidents
  • Rear End Collisions
  • Semi-tractor Trailer Accidents
  • School Bus Accidents
  • SUV Rollover Accidents
  • Train Accidents
  • Truck Accidents
  • Yacht Accidents

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California Spinal Cord Injury:

Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages between the brain and the body's systems that control sensory, motor and autonomic function. Car wrecks and other motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida, and Friedreich’s Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur; it only has to be fractured.

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California Traumatic Brain Injury:

Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance called cerebrospinal fluid. TBI can result when the force of momentum causes the brain to impact against the skull. This type of injury, often the result of hitting your head on the windshield, pavement, or object in a car wreck or other accident, is frequently referred to as a “closed head injury.” Whiplash in a car accident or other accident can also cause TBI. These closed head injuries can result in lasting physical and mental problems.

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California Wrongful Death:

A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in California, the following elements must be present:

  • The death of a human being caused by another's negligent or intentional conduct.
  • The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in California in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.

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California Aviation Accidents:

Airline crashes typically result in the most traumatic injuries and death. These cases are extremely complex and may involve federal, state, or international laws and treaties. There may also be limitations on recoveries and caps on damages. Weather, maintenance, ground preparation of flights, pilot error, manufacturing defects and controller error may all contribute to a crash.

Typically, the National Transportation and Safety Board (NTSB) will conduct an investigation. Obtaining a copy of the NTSB report and having the evidence reviewed by an aviation expert is crucial to determining if there is a potential issue and responsibility.

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California Defective Products/Products Liability:

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Product liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment. A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability, and recover damages under one of the following categories: strict product liability, negligence, or breach of warranty. Click here to learn information about Primary Pulmonary Hypertension (PPH).

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California Medical Malpractice:

Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills, or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

  • Anesthesia negligence
  • Failing to diagnose a tumor while reading an x-ray
  • Puncturing a nearby organ or tissue during surgery
  • Failing to order necessary and appropriate medical tests
  • Failing to diagnose a condition in time to treat it properly
  • Failing to refer a case to a medical specialist
  • Prescribing incorrect medication
  • Brain injury
  • Birth injury
  • Incorrect diagnosis that results in a failure to treat a medical condition
  • Failing to properly administer anesthesia
  • Emergency room negligence
  • Dental malpractice
  • Cosmetic surgery malpractice

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California Nursing Home Abuse & Neglect:

Americans are living longer than ever before. The fastest growing segment in the United States is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years. As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse is being reported. Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss.

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California Slip and Fall/Premises Liability:

Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property. Premises liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents. In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store or snow and ice on the stairs of a restaurant need to be investigated quickly.

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California Workers’ Compensation:

Workers' compensation is insurance that an employer is required by law to carry in case an employee is injured on the job or becomes ill, temporarily or permanently disabled, or fatally injured due to circumstances surrounding his or her job. Although workers’ compensation laws vary from state to state, covered medical care generally includes: medical, surgical and hospital services, dental services, crutches, hearing aids, chiropractic treatment, physical therapy, nursing care and prescribed medications.

Additional monetary compensation may be provided if an injured employee is temporarily unable to work for more than a certain number of calendar days set by state law, hospitalized as an in-patient, or becomes permanently disabled due to a job-related injury or illness. The right to receive medical treatment at the employer's expense typically continues as long as treatment is reasonable and necessary to treat the injury.

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Admiralty and Maritime Accidents

Handling admiralty and maritime accidents requires special expertise in the applicable federal laws that govern causalities occurring at sea, on certain inland waterways or navigable waters. There are specific remedies that apply to maritime personal injuries and wrongful deaths depending on the facts of your case such as whether you are injured while working in the service of a vessel or a passenger aboard a pleasure craft or cruise ship.

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Pharmaceutical Injuries and Death

Many prescription drugs have caused serious harm to many patients and killed others because of their manufacturers' hesitancy to recall their products. A person or loved one injured by a defective or dangerous pharmaceutical may be eligible to file a lawsuit and recover damages under negligence or strict product liability. Mary Alexander & Associates has experience with product liability cases and can handle the complex process of negotiating and litigating claims for injuries and death against drug manufacturers. Click here to learn information about Primary Pulmonary Hypertension (PPH).

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TAKING ACTION:

If you or someone you know in the San Francisco, California Bay, or anywhere within California need the representation or legal advice of an experienced personal injury lawyer, contact the attorneys of Mary Alexander & Associates, today at (888) 433-4448, or complete the contact form provided on this site to begin your free initial consultation with a skilled California serious injury attorney.

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