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Orange County Premises Liability Law Blog

Attention-deficit hyperactivity disorder and brain injuries

Has your child's head been injured? Has he or she had a change in personality? There could be a reason for this change if the recent study published in the Journal of Psychiatric Research is believed. According to the study, which followed adults who had suffered brain injuries, many also suffered attention-deficit hyperactivity disorder, or ADHD. The data suggests that there is an association between the two conditions.

In fact, the co-principal investigator claims that adults with traumatic brain injuries are over twice as likely to suffer from ADHD. ADHD causes behaviors such as impulsive acts or difficulty paying and sustaining attention. Usually, children develop the disorder and then it continues into adulthood.

Drowning and premises liability

Swimming pools and spas can be dangerous or even deadly when you go there with friends, family or on your own. These facilities present a risk for drowning, and some don't have lifeguards on duty. Drowning is the second leading cause of death caused by unintentional injury to those 14 and under, making it important that you always keep an eye on your children and family when you're at a pool or spa. If a drowning or near-drowning incident takes place, then you may need to consider taking legal action to seek the compensation you need and penalties the facility should receive.

Children can drown quickly, and there doesn't even have to be much water around for it to happen. Just a few inches of water is all that's needed to drown a child. For instance, a pool that has been drained but has a pool of water only six or seven inches deep is still enough to drown a child who falls onto his stomach and can't get up.

How can you cope and heal after a spinal cord injury?

A spinal cord injury may be difficult to deal with, but with some help, you can cope with your condition. Part of coping with any serious illness is having the funds to support the medical care you need. If you're suffering from your injury because of a person's negligence, then seeking compensation is a good way to help cover the care you need as well as the bills you'll need to pay at home or to replace lost wages.

While scientists are optimistic about the future of spinal cord injuries and recovery, spinal cord injuries, for now, are hard to treat. Sensations and strength in body parts below the point of injury may be limited, and you could have trouble with your organs below that point as well. You could be paralyzed or need to learn to use new medical equipment to walk or wheel yourself around. Don't forget, emotionally, you could be drained by this experience. Part of the process of coping with it could include therapy to allow you to discuss your feelings and to help you through this difficult time in your life.

Should I wear a motorcycle helmet to avoid injuries?

It should be exceedingly clear to most California motorcyclists how important it is to wear a helmet; however, there are many individuals who still take the risk of riding their bikes without helmets. According to the statistics, that is not a risk that anyone in their right mind should ever take.

The fact is that motorcycles are not very stable on the road because they are only supported by two wheels. The slower they are traveling, the easier it is to tip them over. They are also smaller and less visible in comparison to the typical vehicle on the road -- a car or a truck. Furthermore, the fact that they can accelerate and take corners rapidly -- something that makes them fun and exciting to driver -- does not necessarily help them be any safer to ride.

Sheriff's deputy charged after killing 72-year-old woman in crash

Last year, a 72-year-old woman was struck and killed by a Kern County sheriff's deputy who ran a red light. The officer was operating his police cruiser at a speed of 85 mph when the accident occurred. He was recently charged with criminal allegations relating to the incident.

Specifically, the officer is facing a misdemeanor count of vehicular homicide with negligence. The police report faulted the officer for failing to slow down his vehicle before crashing into the 72-year-old woman's vehicle. Had he not been running his lights and sirens at the time of the fatal incident, the officer likely would have been charged with a felony-level violation.

Antibody being used to stave of Alzheimer’s disease

Alzheimer's disease is typically thought of as something that impacts people more and more as they grow older. While this is true, there is also a link between the disease and traumatic brain injuries. Those who suffer a TBI may be more likely to get it as they age.

Now, though, scientists have found a new antibody that they think could be used to prevent this from happening.

Determining damages in a wrongful death action

It is impossible place a dollar amount on a human life. Furthermore, no amount of financial compensation or litigation will ever serve to right the wrong of losing a loved one at the hands of another party's negligence or unlawful behavior. However, California courts have established methodologies for determining compensation in wrongful death cases.

In most wrongful death cases, awarded damages are referred to as pecuniary damages. These include lost prospect of inheritance, loss of support, lost services, medical costs and funeral expenses. A damage award will also include interest on the above amounts calculated from the date of the individual's death.

California wrongful death actions

When a loved one is lost due to an unexpected accident, there is no way we will ever get that person back. The emotional pain and heartache associated with an incident like this is next to unbearable -- no matter how it happened to have occurred. However, what makes the matter even worse is to know that the accident was the result of another party's negligence.

In cases where a family member is lost due to negligence -- be it negligence relating to an auto accident, a dangerous property claim or some other reason -- the individual or business responsible for the death can be held liable in court for financial damages. Those damages might include end of life expenses, emotional pain and suffering, loss of familial relationship, lost family income and lost future inheritance.

Amputation injuries in motorcycle accidents

The accidents and injuries related to a motorcycle accident are often severe, physically and emotionally debilitating and they can even be fatal. One of the most difficult motorcycle accident injuries to deal with, though, is an amputation. Individuals who require an amputation will have a lot they need to contend with -- from relearning how to do basic tasks like walking or writing to dealing with the physical and psychological pain and suffering relating to the injury.

At Gibson & Hughes, we know that motorcyclists are some of the safest drivers on the road -- mainly because they cannot afford to be otherwise. Indeed, motorcycle riders are at an extreme disadvantage when it comes to getting into an accident with an automobile. Indeed, it is not uncommon for a car driver to walk away from a collision without any injuries, but a motorcyclist will likely be thrown from his or her bike, suffering a serious injury in the process.

Couple gets $5 million after their son passes away

A jury in Orange County recently decided to award a total of $5 million to a couple from Lake Forest. That couple had lost their son, who was disabled and who had been living in a care center over in Mission Viejo. He passed away while he was at the center.

The incident happened back in 2012. The young man suffered from seizures and needed to use anti-seizure medication to combat the disorder. During one episode, though, the staff did not administer the anti-seizure medication. Reports show that they also failed to attempt CPR in an effort to revive him.

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