San Luis Obispo Personal Injury Lawyer - injury

Do I Need a Lawyer?

Nigel Whitehead — Thu, 18 Sep 2008 17:23:40 GMT

I just spoke to a potential client on the phone about her daughters non-injury accident. She was shocked when I explained to her that she probably didn't need a lawyer and suggested that a Small Claims Court claim was the best way to resolve the small property damage dispute. She joked (perhaps) that I was the first lawyer she knew who ever talked himself out of getting hired!

Hiring an experienced personal injury lawyer in a serious injury case is essential if you are to receive full value for your case. However, there are many situations where you simply don't need to hire a lawyer. Did you know that you can make a claim for up to $7,500 in Small Claims Court? The process is inexpensive and quick.

The California Superior Court web site is an excellent self-help guide. The site contains links to forms and "How To" guides.

If you claim is minor you should be fine in Small Claims Court. If, however, you are getting treated unfairly by the insurance company and you have been injured you should consider hiring an experienced personal injury attorney.

Originally posted at InjuryBoard by Nigel Whitehead

Automobile v. Motorcycle Collision in San Luis Obispo

Nigel Whitehead — Mon, 12 May 2008 19:53:51 GMT

The San Luis Obispo Tribune is reporting that this afternoon a car driven by a Santa Maria woman, Rebecca Peter-Chmielnic struck a man riding a Harley-Davidson motorcycle. The man was reportedly taken to a local hospital with a serious leg injury. It seems that Ms. Peter-Chmielnic was on her way to the DMV office in San Luis Obispo when she turned left in front of the motorcycle rider. After the accident Ms. Peter-Chmielnic was cited for failure to yield to oncoming traffic, and for driving on a suspended licence.

Our firm has handled several bicycle and motorcycle cases where the riders suffered serious leg injuries in collisions with automobiles. The reason is obvious - there is simply no protection to a rider's legs. Hopefully, the rider is wearing a helmet, but short of leathers, there really is no commonly used leg protection. The Society of Automotive Engineers - SAE - has conducted research on the types of leg protection that could be used on motorcycles. Unfortunately, many of the leg protection systems researched actually increased the risk of other type of injuries, including head injuries.

Obviously, the best way to avoid a serious leg injury is to avoid the accident all together. First and foremost, a driver must be aware of riders on the road. As a rider, we all know that we must assume that the driver of the car doesn't see me and that I must be ready to do everything possible to avoid a collision. It's much easier said than done and not always possible. The National Highway Traffic Safety Adminstration devotes considerable time and energy to research involving motorcycle accidents. There are literally hundreds of resources available to assist riders in avoiding collisions.

Please ride safe. And drivers - watch for riders!

Originally posted at InjuryBoard by Nigel Whitehead

Mysterious P.E. Class Pool Drowning Claims Life of Atascadero High School Student

Ray Mattison — Sat, 10 May 2008 20:43:50 GMT

During a game of "bucketball", 17 year old Junior, John Erlanson, was discovered unconscious in the shallow end of the school pool. As an attorney who has handled many cases involving the wrongful death of children, I have yet to meet a parent in this situation who has not said: "I would gladly trade my life for his if it would bring him back."

According to his sister, Casey, John was the youngest of four and the only male. He grew up in Atascadero and loved the Central Coast. He planned to go to Cuesta College and transfer to Cal Poly, the State University in San Luis Obispo County.

How John drowned in a pool with 30 other students present during a supervised class is a mystery, a story well covered by the local paper, the Tribune.

The Center for Disease Control says an average of 6 people drown each day. Drowning is the 4th leading cause of accidental death in the U.S. Out of the 4000 annual casualties, one third are children under the age of 14.

Many of these tragic events are preventable and cause pool operators to change their practices. Often actionable negligence is involved and litigation ensues.

5,000 children under 14 are hospitalized for near drownings each year. Of those 15% die in the hospital and about 20% suffer permanent neurological disability.

The Foundation for Aquatic Injury Prevention and other organizations have great and proven techniques which would at least reduce the number of these tragedies (for every fatal drowning four are hospitalized).

Originally posted at InjuryBoard by Ray Mattison

Another headache for veterans: the late effects of head injuries

Ray Mattison — Thu, 24 Apr 2008 12:00:00 GMT

There has been an uproar about the apparent cover up by the Army of the rate of soldier suicide. As reported in a recent San Francisco Chronicle article the suicide rate among soldiers is three to seven times the rate in the general population. 12,000 service personnel under treatment are attempting suicide each year, something the VA allegedly tried to cover up. Now Iraq veterans who suffer head injuries may have to worry about developing early "senility" type symptoms in later life. Recently published in the neurological journal Brain, this long term study of Vietnam veterans found worrisome declines in intellectual function and cognitive function now, 30 to 40 years later, stemming from their wartime injury. Two thirds of those injured in Iraq and Afghanistan who end up in Army medical centers suffer from head injuries. Researchers have expressed concern that this could be a medical time bomb set to go off years rom now unless it is addressed and treated now.

Originally posted at InjuryBoard by Ray Mattison

Brain Injuries Lead to Mental Decline as Patients Age

Ray Mattison — Wed, 23 Apr 2008 20:55:11 GMT

A growing body of evidence indicates that people who suffer traumatic brain injuries can develop dementia like symptoms in later life. In a study published in the online journal Brain, a study of Vietnam Veterans which has been ongoing since 1967 found that brain injuries suffered by young soldiers was associated with a decline in intelligence and cognition in later life. The study compared injured veterans with those who were uninjured and found marked declines in functioning in those who suffered a brain injury in earlier life. The article also found that genetic differences played a surprising role in those who developed these symptoms. The more intelligent the veteran, the less the decline, a finding which matches other studies that the mentally active develop dementia later in life than those who are not. Nearly two thirds of US soldiers injured in Iraq and sent to the Army medical center have been diagnosed with traumatic brain injuries, according to Dr. Jordan Grafman, one of the authors of the study.

Originally posted at InjuryBoard by Ray Mattison