Southern California has many opportunities for boating enthusiasts to enjoy their hobby- whether it’s the wide open waters of the Pacific Ocean, cruising the harbors of New Port or Dana Point, or taking a spin on Lake Elsinore.  While most days on the water end in a good time for all, there are those unfortunate times when a boating accident has occurred.  Just as with a car accident, there are things boaters need to know in case of an unforeseen accident.  You may at some point even need to contact a boating accident lawyer, someone who is an Orange County California attorney.

What do you do if you have had an accident?

• Immediately stop your boat
• Check for any injuries to you, your passengers and anyone involved in the other vehicle
• Provide first aid assistance to anyone who is injured or in danger.  Unless you are personally at risk, you are required by law to help
• If needed, contact emergency services
• Exchange information with the other party, such as names, addresses, boat identification and insurance information
• Consult with a serious injury attorney such as Kip Scott, who practices personal injury law in Irvine, Ca

To learn more about proper procedures after an Orange County boating accident, contact an attorney for advice and consultation regarding your situation.  You may have rights and certain responsibilities as well that can affect the outcome of a personal injury claim.  If you have suffered personal injury in Orange County waterways, contact Kip Scott of the Personal Injury Law Center located in Irvine, Ca.

If you have been injured in a car accident, you may need immediate help and advice.  How do you know if you will need a car accident attorney ?  Depending on the circumstances, as each case is different, you may need to seek the help of an attorney who specializes in Orange County automobile accidents.  After the initial shock of the accident, find a competent attorney who can guide you through the processes you will be going through.

Your initial consultation with a personal injury lawyer should be free.  It is very important that you feel confident in the attorney and also that you are comfortable speaking with him or her. You will be going through what may be a difficult process of dealing with your injuries from the car accident, handling bills from Dr’s and hospitals, and negotiating with an insurance company.  These things are best done by a competent and experienced car accident attorney who will be able to guide you through the difficult process to a favorable settlement for your personal injury.

Knowledge of California law is extremely important in the case of your car accident being work related.  Were you driving a vehicle owned by your company?  Were you driving to a location specified by your employer to pick up or deliver goods or services on their behalf?  If so, you may be eligible for workers compensation.  Good attorneys for personal injury cases will properly represent you and bring the best settlement to you regarding your personal injury resulting from a car accident.

In addition to seeking compensation for your physical injuries, you will also need to consider the mental stress which has occurred as a result of the automobile accident.  Have you been unable to perform your job or other duties as a result of the accident?  If so, you will be entitled to due compensation.  Is there an ongoing medical issue or even a disability?  The possibilities of future physical difficulties needs to be taken into consideration before you reach a settlement as well.  Insurance companies will want to rush you through the settlement as quickly as possible, even if it means that is not in your best interest.
Meet with a top personal injury attorney such as Kip Scott in Irvine, Ca.  He will meet with you to discuss your case, evaluate your injuries and offer you a plan for the best way for you to reach a personal injury settlement in Orange County.

LAW 05/02/2011

While you may think a concussion is just a minor inconvenience, as it most often is, it can also be the cause of a serious brain injury.  Headaches, irritability and confusion can result from a seemingly simple car accident injury.  Other symptoms can involve short and long-term memory loss and mood swings.  If you have been involved in an auto accident, you should seek medical care and be evaluated as soon as possible after the accident.

You may not even be aware that you have suffered a brain injury, or just have a vague feeling that “something is not right”.  It may be that friends and family or even co-workers may be the first to notice changes that occurred after your accident.  There may be changes in your mental and emotional responses that are the first trigger to someone that all is not well.

If you have been involved in a car accident recently, and you have noticed comments from people around you that you seem different, or not yourself, or something to that effect, you may need to consult with neurologists, or other Drs. who specialize in diagnosing TBI, or Traumatic Brain Injury.  Your family may have been reluctant to make the connection between your new reactions and behaviors, and just want to have things back to “normal”.  Anger, hopelessness, irrational thoughts and depression can all result from brain injuries.  You will need to consult with a team of professionals which includes an attorney experienced in personal injury law.

If you or a family member have suffered a traumatic brain injury as the result of someone else’s person’s negligence, you must first seek immediate medical care for the injury – and then seek the advice of an attorney experienced filing a personal injury complaint.  Contact the offices of Kip Scott for a personal and confidential consultation.

Generally speaking, dog bites will result in the filing of personal injury accident claims against the dog owner.  His or her insurance company will be involved in the settlement  of a case brought against their insured.  There are over 4 million dog bites which occur in this country every year, and 1 in 6 of these bites are serious enough to require medical treatment.  If you have been involved in an attack by a dog, you will need an attorney who is experienced in dog bite case law.

Most jurisdictions have canine leash laws which prohibit a dog from being off leash unless it’s on the owner’s property.  Leash length and the age and ability of the person  who is controlling the dog will be factors considered in filing  personal injury accident claims.
It is most often unlawful for a dog to be on another person’s private property, without the permission of that property owner, whether or not the dog is leashed. Permission can be expressed or implied.

If you are a victim of a dog bite, you may entitled to receive compensation for damages such as:

Medical treatment – whether first aid, emergency room, hospital, or ambulance
Future medical treatment for scar reduction or plastic surgery
Psychological counseling to recover from the trauma, including Post Traumatic Stress Disorder
Loss of wages from work
Replacement of personal property, such as torn clothing, broken glasses, etc.
Pain and suffering
Medications
Physical Therapy and Rehabilitation
Future disability

If this attack included your dog or another pet, you may be entitled to compensation for their death or injuries as well.  Filing personal injury accident claims can be a long and involved process.  You will need the guidance and experience of an attorney such as Kip Scott to assist you in the process.

You will need the advice and counsel of a good attorney who specializes in this area of practice.
Do You Have a Possible Lawsuit for Product Liability?

Product liability law is an extremely complex area of practice.  Finding a way to evaluate the circumstances of an injury that has resulted from faulty equipment or a defective product is an area for an experienced attorney who can assist you in understanding product liability law.
How do You Know if You Have a Potential Case Against a Company for Product Liability?

If you have suffered an injury due to a defective product, whether it is a slight burn or small laceration or a major problem such as severe brain injury or a spinal cord injury, you may have a case in which the manufacturer, designer or even the distributor may be held liable.  It is imperative to know your rights as soon as possible after the injury, to ensure that you file a claim before the statue of limitations runs out.
What Types of Products are Involved in Product Liability Lawsuits?

Injuries caused by defective products run the gamut from improperly installed air bags, seat belts, tires in automobiles, to defective medical devices.  Exposure to toxins, such as mold, lead, and pesticides can be grounds for a lawsuit.  In addition, construction equipment and power tools can be found to have been the cause of serious injury.  Children’s toys and furniture or equipment have been found to cause death and injury as well.  Another area of potential personal injury lawsuit liability is in the area of defective drugs.  The FDA, or Federal Drug Administration oversees drug recalls and issues warnings about potentially dangerous drugs.  If you have been injured by any of these products, it is urgent that you consult with a qualified and experienced personal injury attorney as soon as possible.

Kip Scott can help you determine if your injuries fall within the possibility of filing a personal injury lawsuit.  He has the care and experience required to guide you through this difficult process.  Contact Kip at the Personal Injury Law Center.

“Concrete is More Dangerous Than Cars,” Says LA Premises Liability Attorney Kip Scott, “Of course elderly people are more susceptible because of their limited bone density and mobility, but anyone is susceptible to slip and fall accidents. “Here in Los Angeles, there are a lot of potholes in the ground,” says Scott. “Many sidewalk areas have been lifted up by tree roots, which now pose a dangerous condition to pedestrians. There are many older developments or street projects throughout Los Angeles that are not hazard free and people get injured. Slip and fall injuries are the most common accidents.”

Slip and Fall Accidents: Who Is Liable?

In a California premises liability claim, the injured party the plaintiff must prove that the owner or tenant the defendant had control of the land and also had control of the condition that caused the injuries. “The defendant can be the property manager, owner, business entity, city, state or federal government entity or they could all be responsible,” says Scott. “If the owner knew that conditions on the property were dangerous, they may be liable for failure to warn you.” Or many entities may be responsible, and that’s where a premises liability attorney can help you.

What Is a Slip and Fall Claim Worth?

One or several people or business entities may be liable for your slip and fall injury, but that doesn’t mean that your claim is worth more.

“Most of the time your claim has one monetary value to it, no matter who is at fault,” says Scott. “Sometimes, two or three defendants may chip in who are partially at fault and do a ‘global settlement’ between all the defendants. Usually we like to work with one defendant but some cases involve several entities and that often causes problems because they all point the finger at each other.

On the one hand, multiple defendants can sometimes be advantageous in litigation because they will work together and come to some kind of resolution. On the other hand, multiple defendants will join legal forces and try to defend the plaintiff’s claim, which means that we will need to get more documentation and more discovery, and take more depositions from defendants. Either way, we are able to settle most of our claims without going to court.

Proving Fault in Slip and Fall Accidents

Proving fault usually requires the opinion of an expert. The fault could be a violation of a building code, a slippery floor or a carpet not installed properly. “More often than not, the plaintiff doesn’t know who is responsible,” explains Scott. “They are in discomfort, pain, and trauma so we help by taking the burden off them and doing the work so they can focus on getting better.” Along with the help of a qualified investigator, an experienced slip and fall lawyer can contact owners of any given property, for instance, by checking the appropriate government records. An experienced attorney may find that a janitorial service is responsible or a carpet installer.

Slip and Fall Cases

“I represented a client in Orange County who fell as a result of uneven sidewalk,” says Scott. “He was walking down the sidewalk in his community the apartment complex and his foot got caught on an uneven piece. He fell onto the concrete, fracturing a vertebrae in his neck. He was rushed to hospital, stabilized and put in a collar, and had surgery. Fortunately he called me right after he left the hospital. We had our safety expert go to the location where he took pictures and measurements of the sidewalk and determined that it is a dangerous condition. To make a long story short, he finished treatment in rehab and we settled with the community’s insurance company the sidewalk was part of the apartment complex.

In this case it was easy to prove fault but you always have to make sure procedures are done properly and we must act quickly to preserve the evidence. Sometimes when an insurance company learns of a dangerous or hazardous condition, they will repair the condition ASAP.

I recently spoke with a client who fell in a pothole while riding his bicycle. Before we could get to the location of the accident, the city had repaired the hole. Unfortunately, we couldn’t prove how deep the hole was because we had no way of measuring it.

Since the plaintiff has the burden of proof, and we didn’t have the evidence to support this case, we were not able to help the cyclist.”

Point taken. When it comes to slip and fall accidents, do your best to document every detail, from photographs to witness interviews. And call an experienced Slip and Fall Premises liability lawyer sooner than later.

Southern California Attorney Answers Dog Bite Questions There are more than 60 million dogs in the US, and 40 percent of all US households own one. And those numbers are likely to increase baby boomers find themselves with “empty nests” and a dog is a welcome addition. And many couples who postpone having children opt for furry friends.

For the most part, dogs are ‘man’s best friend,’ but there are 300,000 dog bites per year in the US that require medical treatment, and about 60 percent of the victims are children with bites to their faces. Dog bites cause 18 deaths per year. Clearly, dog bite lawsuits are also on the rise.

Q: (LawyersandSettlements) What should I do after a dog attack?

A: (Kip Scott) Everything happens so fast in a dog attack. It goes without saying that the first thing you should do is get medical treatment. Dog bites cause a lot of injuries, from fractures and nerve damage to permanent scarring, and more often than not emotional trauma, especially with children. I’ve had children go through counseling to help them cope with dog bites some children are even afraid to go outside after being attacked by a dog.

Find out who owns the dog.  Get the owner’s address so we can contact their homeowner’s insurance policy holder. Take pictures of injuries and the dog and get names and phone numbers of any witnesses. If the attack happened at a facility such as a gas station or corner store report the incident to the store manager and get their contact info.

Contact the police and get the police report. And report it to your local animal control agency. Keep a diary and describe any changes in your daily life. A diary helps to refresh your memory later perhaps in court and it could also focus on your well-being. Then call a dog bite injury attorney.

Q: (LAS) How can your law firm help me win a dog bite case?

A: (Kip Scott) We take all the information you have accumulated and contact the police: We obtain the police report and the dog bite incident report from the city or county where the attack occurred.

We contact the dog owner. In most cases, we hire a private investigator to track down witnesses and to take statements from the dog owner. We want to identify any other responsible parties. Then we call the insurance companies and establish a claim. In addition, we make sure that the victim is getting everything they need, including medical and emotional care.

Some people who have been mauled by a dog also need emotional support. Often they become afraid of dogs. We make sure they are compensated financially for any future prognosis, which includes any compensation for permanent disabilities.

Q: (LAS) How can I get compensated if I am unable to work after suffering a dog attack?

A: (Kip Scott) If you are unable to work or partially disabled, we can find ways of getting you compensated. For instance, a homeowners’ policy may have medical coverage and we will help you to collect coverage. If you have disability insurance we will help get a claim started.

We make sure that the insurance company pays for what the victim is entitled to. If a victim is under the age of 18, we have to go to court and ask the judge to approve a settlement it’s called a minor’s compromise. The money goes into an annuity and is paid to the child at a certain date. And it earns interest for the minor, similar to a trust fund. If the victim is over 18, the proceeds will be distributed to them directly.

Q: (LAS) I was bitten by my neighbor’s dog. Is my neighbor liable?

A: (Kip Scott) In the state of California, the dog owner is almost always liable. California law (Civil Code section 3342) has strict liability statutes and states that: “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”

A number of southern California counties, including Los Angeles, have leash laws that require a dog to be restrained by a leash 6 feet or shorter.

However, there are a few exceptions to this rule. California has a “trespass” exception, which means that a trespasser on your property cannot hold you liable if bitten by your dog. But this exception would not protect you from liability if your dog bites the mailman.

“Assumption of Risk” means that someone knows a particular action will likely cause a dog bite or attack. For example, you tell your neighbor to stay out of your backyard because your dog is in a bad mood today and might bite you. Your neighbor goes into your yard, assumed the risk and was bitten. He will unlikely be able to hold you liable because he was aware that your dog could bite. As well, California courts have found that strict liability statutes do not apply to dogs that bite veterinarians during the course of treating the pet.

Provocation In instances where someone mistreats or provokes a dog into biting him, courts will usually not hold the owner liable

Negligence Dog owners can also be held liable for their dog biting people due to negligence, which means that a dog owner must take reasonably prudent steps to prevent reasonably foreseeable attacks by their pet in order to avoid liability. Preventive safety measures will differ with the breed. For instance, those measures for an aggressive Rottweiler or Pit Bull won’t be the same as those for a well-behaved Chihuahua.

Q: (LAS) Can you give me any examples of dog bite victims you have represented?

A: (Kip Scott) I’ve handled cases where Pit Bulls have attacked children. In one case, the dog attack caused several wound areas with exposed nerve and bone damage. Healing is a long process, both physically and emotionally, and overcoming her emotional trauma continues to this day.

In another incident, the dog was leashed but still managed to bite my client’s leg while she was sitting in a waiting area of a convenience store. The dog’s teeth went through her clothes, causing severe puncture wounds that later became infected. The wound became so infected that she needed large pieces of tissue removed and required two skin grafts to repair the wound site.

In another case, a little girl was walking in the park; she bent down and the dog bit her in the face and tore her lip. She was rushed to ER by her parents and had stitches. We were contacted right away. The owners filed a police report and we contacted the city to make sure that animal control was involved. At that point they quarantined the dog. One year later the girl required plastic surgery.

In another case, the county euthanized the dog because the attack was so vicious. The dog was first tasered by the sheriffs. Animal control officials took the dog away and two days later it was euthanized. My client who needed reconstructive surgery to his legs was attacked at a private residence. We went after the dog owner and the homeowner and collected from the homeowner’s insurance policy.

(However, some dogs, such as the Pit Bull, Rottweiler, German Shepherd, Husky, Malamute, Doberman, Chow Chow and Great Dane, are not covered on some homeowner’s policies.)

Q: (LAS) Is it better to settle or have my day in court?

A: (Kip Scott) A lot of settlements are dependent upon the nature and severity of injuries and the insurance policy limits. We will find out the limit of their policies and advise our client on what is best for them whether to settle the case out of court or to file a lawsuit and proceed with a trial.

Most of our cases settle without going to trial. Most people would rather not go to court they don’t want to relive the incident. If we can get a fair settlement, we will. If we can’t, we are ready to file a lawsuit and litigate on their behalf.

Generally we are able to work hard and get the insurance company or responsible party to pay. But if they won’t settle, we will start the litigation process, which sometimes results in arbitration or mediation. More often than not, the case will then settle before it reaches a jury. We will make sure that the insurance company knows we have all the evidence against them and that they owe my client X amount of dollars and that they feel the heat. And they usually pay.

Q: (LAS) How long will it take to settle and what amount of compensation can I expect?

A: (Kip Scott) As a rule we don’t want to settle prematurely, until we know the victim’s prognosis and if there is any permanent nerve damage, for instance. In the above case where the girl’s face was bitten, we settled a few months after her final plastic surgery. The family didn’t want to go to court and put the child through further trauma. We made sure she got everything she deserved in her settlement.

Dog bite settlements can range anywhere from $1 million or more in a wrongful death. We try to console the victim or the parents it is a long process, possibly two years or more and we help them go through a difficult time.

LA Premises Liability Attorney Discusses Faulty Construction Claims “Perhaps someone who has suffered an injury from faulty construction has had a bad experience with a prior claim, or they want to save money,” adds Scott. “From my experience, if you don’t do this for a living [premises liability law], there is a huge learning curve. We do this for a living; if you want to try and handle this by yourself and accept pennies on the dollar that is your business, but if you want to get fully compensated for your injuries, that is our business.” And all of Scott’s premises liability cases, including faulty construction claims, are handled on a contingency basis…

Scott’s firm also hires experts wherever necessary—from safety engineering investigators to medical experts—for a number of reasons. And that is why you should consider contacting a personal injury attorney to help with your faulty construction claim rather than going it alone.

“When someone is injured the first thing we must know is the statute of limitations,” Scott explains. “We want to gather and preserve all the evidence, which often involves having a safety expert look at the premises, and obtaining a police report, and we want to do this sooner than later. Some people want to try and do it themselves, but here in California, if they wait past six months they can be barred from forever recovering money from the responsible party.

Premises Liability Expert Witnesses

Scott’s firm employs experts and companies that are able to put together exhibits in a plain and easy way for the average person to understand. “For instance, our medical team will put together an anatomical diagram that shows how a disc might impinge on a nerve; they can spell out medical information in a language the jury understands.

“Whether we go to trial or mediation, having these exhibits prepared is extremely useful: It demonstrates clearly what the doctor is talking about and it clearly communicates to the mediator what our client injuries are. Furthermore, it shows to the defense at the time of mediation that not only are we prepared; we also mean business.”

Scott’s firm also employs a safety engineering company that creates exhibits to clarify complex engineering and architectural issues. “Through diagrams, electronic exhibits and more, they can show faulty architecture and engineering—why it is broken, why this part of the structure failed…”

Faulty Construction Claims

Scott says that the most common faulty construction claims occur in walking areas due to shoddy work that was either done poorly or failed soon after it was constructed. Faulty construction claims include:

• Sidewalk areas where construction is taking place
• Hallways, stairs and pathways with poor lighting
• Handrail failures and step accidents
• Deck failures, deck and stairway collapses due to negligent construction
• Stairwell accidents and step failures (e.g., carpeting)
• Elevator and escalator accidents (clothing or feet entrapped due to guard issues)

Faulty Construction Examples

“I recently had a case where a company carpeted stairs in a building and a few months later the carpeting became loose,” says Scott. “My client caught his foot and tumbled down a flight of stairs, causing numerous fractures. We settled out of court with the property owner.

“Another example of faulty construction was due to poor lighting the contractor ordered and installed. There was an insufficient amount of night lighting in an elderly community and one of the residents couldn’t see the step. He tripped and had to undergo surgery for a fractured neck. The contractor and the property owner shared liability and the settlement.

“A renter was walking on her landlord’s wooden deck and she fell through the deck. My client ended up with a fractured arm, a few fractured ribs and a punctured lung. In this case the matter was settled out of court with the landlord’s insurance company.

“Sometimes there may be multiple responsible parties involved. In this case my client fell on a sidewalk and the work area—where construction was going on—was uncovered. He actually fell into a hole in the ground.

“The construction company, the city who hired the company, the county and one of the utility companies could all be responsible, depending upon who was working in that area. We have to notify everyone—all potential defendants of this claim—and put them on notice. And most importantly, if a government entity is responsible, here in California you have to file a claim within 6 months of the accident.”

Faulty Construction Settlements

One man settled for $1.3 million after he slipped and fell in a public train station due to faulty construction of a handrail. An elderly man was paralyzed from the waist down when he fell through an unsecured hole on a construction site. That case settled for $6.8 million.

If you or someone you love has been injured or died as a result of faulty construction, an experienced Los Angeles construction accident attorney can help you determine whether you have a faulty construction case and who is responsible.

Depending on the type of accident and the severity, you may be able to collect for all of your expenses which may include repairs for your car, and any medical treatment, including chiropractic care.  You may also be entitled to money for lost wages due to the accident, as well as compensation for any lost opportunities and/or travel expenses connected to the injury.

Determining the impact of the injury can be very important in filing a personal injury claim.  Are there any residual or permanent injuries?  Perhaps there are related injuries that you may not have considered important at the time.

Even if you do not have insurance yourself, it does not matter in the case of a possible settlement for your case.  If you have suffered a serous injury due to an accident, a good attorney can guide you in your rights.  You may be able to collect on an accident compensation claim.  If you have incurred medical expenses that you cannot pay, it is possible that these costs will be taken care of by filing a personal injury claim.

Claim experts can assist you in determining your loss.  One of the major injuries even in a simple car accident can involve whiplash.  Some of the points to evaluate and consider in terms of reaching a settlement include minor bodily injuries, nerve damage, stress reactions, referred pain, and  emotional distress, to name a few.

Evaluating and settling your personal injury claim is a process involving you and a professional you feel you can trust to do the best for you.  Many factors enter into a fair and equitable settlement for your personal injury compensation claim.  If you have been involved in an accident with a resulting serious injury, good representation is a must.