The Weinberger Law Firm
NO FEE UNLESS WE WIN Free Consultation With A Personal Injury Attorney (916) 357-6767

Sacramento Personal Injury Lawyer

Sacramento Personal Injury Lawyer Explains Catastrophic Injuries That Lead to Hearing Loss

The sense of hearing is very important for an individual’s quality of life, but often is not taken very seriously. It isn’t until it is too late and the damage has been done that people get concerned about their ability to hear. Much of the damage done to ears is irreversible so it’s important to protect your ears whenever possible. Because the damage can alter your life and the life of loved ones, it’s important you consult with experienced Sacramento personal injury lawyer who can evaluate your case and determine whether you deserve compensation.

Injuries that may result in loss of hearing

Unfortunately, our ears are exposed to the world at all times. There’s no way to turn them off, unlike with eyesight. This leaves them vulnerable when exposed to physical danger and loud sounds, especially over time. Individuals may not notice damage creeping up on them when exposed to dangerous conditions on a daily basis. There are several ways ears and hearing may be damaged, such as:

  • Physical accidents – Trauma to the head may cause a loss of hearing. This can occur during car accidents or other physical events that involve blunt trauma.
  • Work environments – When working in loud environments, such as concert venues and construction sites, it is quite common for individuals to incur hearing damage.
  • Medical procedures – Some medications can be ototoxic (damaging to the ears). It also may be possible to lose hearing during surgical procedures, such as tumor removal. Hearing loss also may occur with improper treatment of ear infections or compacted earwax.

Types of hearing loss

The ear is relatively complicated, with several parts that can cause a loss of hearing when damaged. Below are the three main types of hearing loss:

  • Conductive hearing loss – This type of hearing loss is caused by damage to the ear canal, ear drum, or the little bones within the middle ear (just on the other side of the ear drum). Injuries that may cause this type of hearing loss include compounded earwax or infections that are not properly treated, damage to the eardrum for example caused by a foreign body, and perforated eardrums caused by trauma.
  • Sensorineural hearing loss – This type of hearing loss is due to problems in the inner ear and relate to damage to the nerves. Sensorineural hearing loss may be caused by exposure to loud noises, trauma to the head, and various viruses and diseases.
  • Mixed hearing loss – Sometimes there are both types of damages. It is possible to have damage to the inner ear or nerve as well as the outer and middle parts.

If you have suffered any type of hearing loss from an injury, you may be entitled to compensation. Sacramento personal injury lawyer who has a skill in handling these type of personal injury cases can represent you in court during this difficult time in your life.

Hearing loss symptoms

People don’t often realize or want to admit when they are experiencing problems hearing. It may be embarrassing, or they just don’t want it to be true. Ask yourself the following questions to determine if you may have hearing loss:

  • Do you frequently ask people to repeat themselves?
  • Do you have difficulty hearing in groups?
  • Do you listen to the TV or radio at volumes that bother others?
  • Do you often blame other people for mumbling, believing you can hear but not understand what they say?
  • Do you have trouble hearing when someone is speaking behind you?
  • Do you have trouble hearing people on the phone?
  • Do you often miss your alarm clock going off?
  • Do you have trouble hearing in the movies?

It’s important to get tested to see how severe your hearing loss is and to determine the cause.

The aftermath

Hearing loss can affect many aspects of an individual’s life. It is difficult to communicate with others on a daily basis, which is important for many parts of life. Often, people who have hearing loss isolate themselves because it can be so frustrating trying to communicate. This can lead to depression, which creates a vicious cycle of isolation. When hearing loss is severe, it can be dangerous to drive or ride bikes, as an individual can’t hear when an emergency vehicle is approaching or the warning honks of other vehicles.

If an individual loses their ability to hear due to someone else’s negligence, for example in a car accident or at the workplace, they may have a case to receive just compensation. Speak to your local injury lawyers who can evaluate your case and determine the best course of action. Employees have the right to be protected from damaging environments, but often are not offered the necessary equipment. Treatment for hearing loss and changes to one’s lifestyle can be expensive. The change in quality of life and frequent depression that accompanies the loss of a sense deserve to be compensated.

Proving negligence can be difficult and complicated, but is the best chance for an individual to receive the compensation they deserve. It is important to seek legal advice from skilled personal injury attorneys in these situations, even when the negligence isn’t obvious or certain. An experienced law firm will be able to investigate the situation and determine whether you have a case.

Contact Sacramento Personal Injury Lawyer Today

If you or a loved one has been injured do not hesitate and contact a Sacramento personal injury attorney at The Weinberger Law Firm to discuss your legal options. We have offices in Sacramento & Folsom for your convenience and have the resources and expertise to aggressively litigate your case in court, fighting to get you just compensation for your injury.

Call (916) 357-6789 today for a free consultation with our Sacramento personal injury lawyer regarding your personal injury case.

get help today

Fill out this form to request a FREE CONSULTATIONAll fields are required

Sacramento Personal Injury Attorney

Sacramento Personal Injury Attorney Explains Premises Liability Law and Who is Responsible If You Are Injured

As if being robbed or assaulted while on someone else’s property, or at a place of business wasn’t enough!

Now you have serious injuries that require medical attention!

What happens if the assailant gets away and there is no possibility of recovering your damages from them? You may not know, but property owners have a responsibility to provide a reasonably safe environment, and if they do not, they may be deemed liable for injuries sustained on their premises.

Property Owner’s Responsibility

In California, property owners are required to ensure their premises is safe, habitable, and in good working condition. If any of these conditions are not met, then the property owner could be sued for damages that result from their neglect. This is governed by premises liability law and determining whether or not you have a case can be a complicated task. You should consult with a personal injury attorney if you have been injured on another’s premises and feel the injury could have been avoided had the property been properly maintained.

What Does Safe Mean with Regards to Crime on the Premises?

The law states that for a property owner to be liable for injuries sustained on their property, they must reasonably have been able to detect the flaw that caused injury. In the case of a slip and fall accident caused by a broken stairway, the landlord most certainly should have noticed, and remedied the issue.

When we enter the realm of injuries caused by crime on that same landlord’s premises, it becomes more difficult to prove that the owner should have reasonably assumed the crime could happen. Better yet, how could the landlord have mitigated the occurrence of that crime or further protected those that occupy the property? These are all questions for a qualified Sacramento personal injury attorney, call today for a free consultation!

If it can be shown that crime is prevalent at a location, and the landlord was aware, California law may require them to have security on the premises. If security was not present, or security was acting negligent, there may be grounds for suit. Precautions that could or should be taken include:

  • Hiring security personnel
  • Restricting street access to the premises with fencing or gating
  • Modifying operating hours
  • Trimming foliage to allow clear lines of sight
  • Installing anti-crime light fixtures
  • Installing security cameras

Contact Sacramento Personal Injury Attorney Today

If you or a loved one has been injured do not hesitate and contact a Sacramento personal injury attorney at The Weinberger Law Firm to discuss your legal options. We have offices in Sacramento & Folsom for your convenience and have the resources and expertise to aggressively litigate your case in court, fighting to get you just compensation for your injury.

Call (916) 357-6789 today for a free consultation with our Sacramento personal injury attorney regarding your personal injury case.

get help today

Fill out this form to request a FREE CONSULTATIONAll fields are required

sacramento accident attorneys

SACRAMENTO ACCIDENT ATTORNEYS

THE “STATUTE OF LIMITATIONS” (SOL)

Statute of limitations are deadlines for filing a lawsuit and every state has them. The period of time during which you can file a lawsuit varies depending on the type of legal claim. For example, with personal injury cases, you have two years to file from the time of the injury. If the injury was not discovered right away, then it is 1 year from the date the injury was discovered. For a breach of written contract, its four years from the date the contract was broken and two years for an oral contract. Any property damage lawsuits have 3 years from the date the damage occurred.

If you fail to go to court and file a lawsuit against those who have injured you within the 2 year time frame, the court will likely refuse to hear your case at any time in the future and your right to compensation will be lost. There is a time limit of 6 months to file an injury claim against a government entity and claimants must adhere to a strict set of procedural rules. In some personal injury cases, the defendant may make the argument that you’re actually to blame(at least partially) for causing the accident that forms the basis of your claim. IF you do share some level of liability, it can end up affecting the total amount of compensation you’ll end up receiving from other at-fault persons and businesses. In shared fault injury cases, California follows a “pure comparative negligence” rule which basically means the amount of compensation you’re entitled to will be reduced by an amount that is equal to your percentage of fault for the accident.

There is a strict liability for dog attack cases. Unlike most states, California does not adopt the “one bite” rule which gives dow owners exceptions for the first time their dog attacks someone. In California, the owner is “strictly liable” regardless of the times the dog has bitten someone.

Because lawsuits are a long and complicated process, contact Sacramento accident attorneys at The Weinberger Law Firm immediately so you can get started on getting the compensation you deserve.

accident lawyer sacramento california

ACCIDENT LAWYER SACRAMENTO CALIFORNIA

THE INSURANCE COMPANY IS NOT ON YOUR SIDE

Your interests and those of your insurance company will conflict, especially when an uninsured or underinsured motorist injures you. In this case, you will seek compensation from your own insurance company. In every auto accident, your insurer will pay your medical bills and lost wages. But it is through the insurer’s investigation of the accident that determines total financial payout. It is vital that you contact an auto accident attorney at the Weinberger Law Firm whose only interest is to obtain maximum compensation for you. Many insurance companies give out advice that should be followed at the scene of an accident. These include calling the police; not admitting fault at the scene; exchanging insurance information with the other driver; and obtaining the other driver’s name, address, phone number, license plate number etc.

The final piece of advice is to notify your insurance agent immediately. Although your policy obligates you to notify your insurance company of any accidents, your attorney should personally do so if injuries were involved. Without notifying your lawyer, you may make mistakes that will go against you in the future. Employees at the insurance company are trained to investigate accident cases to defend against fraudulent and exaggerated claims in order to protect their company’s pocket. Sometimes insurance companies misrepresent the amount of their policy limits in order to settle cases for far less than justified by the nature of the injuries. In some cases, insurance adjusters might advise claimants to avoid getting an attorney because the lawyer would supposedly take all of the money. It is important to understand that contacting your lawyer first is always safer and wiser.

If you were injured due to the negligence of another, regardless of the nature of the underlying accident, it is important to contact an experienced injury attorney to discuss your legal options. The Weinberger Law Firm has the resources and expertise to aggressively litigate your case in court, fighting to get you just compensation for your injury. Call (916) 357-6767 today for a free consultation regarding your personal injury case.

sacramento auto accident attorney

SACRAMENTO AUTO ACCIDENT ATTORNEY

THE AUTO ACCIDENT EXPERIENCE LOG

You should begin an “Auto Accident Experience Log” immediately following the auto accident. In this log, you should document everything related to the auto accident. For example, all the information you have collected at the scene should be kept in this log. You should also keep a continuous diary of phone calls, correspondence, and bills relating to your recovery. In addition, you should keep a running diary of your physical and emotional treatment and healing.

There are a number of reasons this log is important. First, an ongoing record is a much more reliable and accurate method of documenting your case than a rough reconstruction months after the auto accident. The better you can document your claims, the more apt you will be to get the settlement you deserve. Not only are tangible medical bill important, an honest ongoing account of your emotional and physical healing process is useful in evaluating your recovery as well.

If a criminal case is involved such as drunk driving, such a log can be useful when asked to write a Victim Impact Statement. Keep in mind that the log may be considered “discoverable: in a criminal or civil case and a copy turned over to the other side.

Recording your ongoing healing process, how you feel and what treatment you have received, will help you communicate with the medical professionals treating you. In addition it will give you some perspective on your own progress. It can be comforting to be able to review your progress from week to week.

The log itself need not be fancy. A three-ring notebook or an expandable accordion file will work best. Any system where you can keep ongoing written journal/log and keep loose bills and letters together is what you need.

If you were injured due to the negligence of another, regardless of the nature of the underlying accident, it is important to contact an experienced injury attorney to discuss your legal options. The Weinberger Law Firm has the resources and expertise to aggressively litigate your case in court, fighting to get you just compensation for your injury. Call (916) 357-6767 today for a free consultation regarding your personal injury case.

get help today

Fill out this form to request a FREE CONSULTATIONAll fields are required

Personal Injury Attorneys in Sacramento Discuss Danger of High Winds

This winter has certainly been a wet and wild one for Northern California so far this season. The Sacramento Valley in particular has seen some extraordinary winter weather and the third week of January brought with it incredibly strong winds that have left the Sacramento area rebuilding on this Thursday, January 19, 2017. High winds were reported across the Valley, with the strongest gust coming in at an intense 63mph, which was reported at the Sacramento International Airport. 50mph gusts were reported across the region, and reports from SMUD indicate that almost 50,000 people in the immediate Sacramento region suffered power outages last night and early this morning as a result of downed power lines.

Power wasn’t the only thing people lost last night, many individual’s homes, vehicles, and other personal property were damaged in the high winds, and one vehicle was actually struck by a falling tree on the corner of 19th and X streets in Sacramento. In El Dorado Hills, multiple reports came in of trees being uprooted and falling onto houses and cars as a result of intense wind. Downed trees were also responsible for road closures across Northern California, and Highway 160 was closed from Highway 12 up to the Antioch bridge as a result of downed trees blocking the roadway.

All this crazy weather and the damage associated with it might have you thinking who will be paying for all of this property damage and personal injury. Lucky for you, the Sacramento personal injury attorneys at The Weinberger Law Firm are taking the time to explain a few important items pertaining to liability in these scenarios. First we will explain how to determine who owns the tree.

California Civil Code Section 833 states that if the trunk of a tree stands wholly on the land of one landowner, that landowner owns the tree regardless of whether its roots, foliage, or branches have grown onto the land of another. California Civil Code Section 834 states that if the trunk of a tree stands partly on the land of two adjoining landowners, then both landowners own the tree. Now that ownership has been attributed, you can attempt to determine liability and whether you or the tree owner’s insurance policy will cover anything.

  • What happens if my tree falls onto my house or property?
  • What happens if my neighbor’s tree falls onto my house or property?
  • What happens if my tree falls onto my neighbor’s house or property?

Acts of God and Liability

The above are questions that are floating around in the minds of thousands of Northern Californians today, and they are not always easy to answer. The main question to ask when determining liability and coverage for damage caused by a fallen tree is whether the tree toppled due to “an act of god” (term used by insurance companies) or it was related to negligence. The term “act of god” is used to describe events that take place in which a property owner has no control over the situation. An extreme wind storm or other weather event falls into this category, and therefore, if a tree fell on your house and was caused solely by the wind storm, your insurance policy would likely cover it regardless of who owns the tree.

Negligence and Liability

Not all trees that fall during a windstorm, however, fall because of the wind. Property owners are expected to maintain a certain level of safety on their property, and inspecting and maintaining their trees is part of this responsibility. If damage is caused by a diseased or damaged tree, insurance companies will likely determine that negligence on the part of the property owner caused the tree to fall, not an “act of god”. Insurance companies are in the business of making money, not paying out claims, and they will do all they can to prove negligence in the event of a fallen tree. You need an experienced personal injury attorney in Sacramento to navigate the process for you and ensure you are not taken for a ride.

Have you been injured by a falling tree in Sacramento?

Was your car or home damaged by a falling tree in Sacramento? The Weinberger Law Firm has the top personal injury attorney in Sacramento and the right wrongful death attorney in Sacramento to help you with your injury needs. Call a Sacramento personal injury lawyer today for a free consultation with a Sacramento wrongful death lawyer that can help get you the compensation you deserve.

get help today

Fill out this form to request a FREE CONSULTATIONAll fields are required

Smartphones and other handheld electronic devices have become woven into the fabric of daily life. There are some routines and activities, though, that should stay smartphone-free. One in particular: driving.

According to Distraction.gov, there were 3,154 auto accident fatalities attributed to distracted driving in 2013, and that same year distracted driving resulted in about 424,000 injuries. While texting and driving is one of the most dangerous kinds of distracted driving, a survey from earlier this year shows that texting isn’t the only smartphone activity that is putting motorist’s lives at risk.

In a poll commissioned by AT&T as part of the company’s “It Can Wait” campaign, more than 2,000 drivers admitted to some very dangerous behavior behind the wheel. All of the respondents said they were smartphone users, and disturbingly, 61 percent admitted to texting while driving.

In addition to texting, 33 percent of survey participants said they emailed while driving. Twenty-eight percent said they drove and searched the Internet at the same time, while 27 percent said they used Facebook while operating a vehicle.

Some drivers (17 percent) drove distractedly by taking selfies, and others used Twitter (14 percent), Instagram (also 14 percent), video (12 percent), Snapchat (11 percent) and video chat (10 percent).

The reality is that distracted driving is comparable to drunken driving in terms of how the two behaviors raise the risk of injury and death. California already bans texting while driving, as well as use of handheld devices for all drivers. Still, far too many people continue to put their lives and the lives of others at risk by prioritizing gadgetry over safety.

get help today

Fill out this form to request a FREE CONSULTATIONAll fields are required

Whenever a pedestrian and a motorized vehicle collide, there is no question as to which one will win. Because of this, pedestrians have a vested interest in paying attention to their surroundings and always looking out for cars and trucks. The incentive for this vigilance is obvious: Saving your own life.

Unfortunately, drivers are not the only travelers who are distracted these days. A growing number of pedestrians are being struck and killed in traffic accidents, at least in part, because their eyes are staring at cellphones and their ears are listening to music coming from a pair of headphones. Here in Sacramento and across California generally, pedestrian accidents have become an especially vexing problem along light-rail train routes.

Last year alone, about 154 people in California were struck by trains. Nearly two-thirds of those victims died. The rate of train accidents last year went up nearly 50 percent from just the previous year.

Earlier this month, Sacramento Regional Transit began a safety and awareness campaign aimed at pedestrians but also focusing on bicyclists and drivers. The title of the campaign is: “See Tracks? Think Train!” It aims to call attention to the many grade-level crossings in Sacramento where light-rail train tracks intersect with streets and sidewalks.

If your daily commute puts you in contact with a rail line (and most commutes do), please be sure to follow some basic safety rules. They include looking both ways before crossing a track, obeying crossing arm gates and signals and finishing a cross quickly with no stopping in the middle. A little common sense and focused attention could very well save your life.

Source: The Sacramento Bee, “Sacramento agency: Too many distracted pedestrians hit by trains,” Tony Bizjak, March 18, 2015

get help today

Fill out this form to request a FREE CONSULTATIONAll fields are required
Get the help you need today from a law firm you can trust!