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Compensation for the Family of a Wrongful Death Victim

Compensation for the Family of a Wrongful Death Victim

California law provides compensation for the family of a wrongful death victim.  What types of compensation are available and who may file a wrongful death lawsuit in Mission Viejo, Irvine or across Southern California? Generally speaking, a wrongful death occurs when someone loses their life due to the negligence of another person or entity.  Our laws provide compensation for the surviving family members including parents, children or the spouse of the individual(s) who lost their life.  The compensation in a wrongful death case can include: All medical expenses borne by the family of the victim after the accident and before passing Fair and just compensation for any conscious suffering or pain your loved one may have endured Claim for lost wages or income, especially in cases where the deceased was a primary source of income Loss of time, love and companionship between a parent or child Loss of “consortium” or

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E-Scooters Have Resulted in Serious Injuries

E-Scooters Have Resulted in Serious Injuries

E-scooters have resulted in serious injuries and liabilities according to a recent class action lawsuit filed recently.  The lawsuit, names “Lime” and “Bird” as well as “Segway,” “Xiaomi” and other e-scooter companies accusing them of gross negligence as well as “aiding and abetting assault.” Three of the plaintiffs in the lawsuit allege they were simply walking down the street when they were run into from behind and seriously injured by someone on an e-scooter.  The lawsuit addresses a disregard for safety, specifically citing the complete lack of safety instructions for riders. The lawsuit alleges the E-scooter companies have created risks to the general public which were “known and/or knowable” and the placement of these scooters has represented a “wanton disregard for the safety of others.”  It further states the practices of e-scooter companies have contributed to multiple injuries by “dumping” scooters on public streets without appropriate precautions. If you are

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Where do Mission Viejo Pedestrian Accidents Happen

Where do Mission Viejo Pedestrian Accidents Happen

The California Highway Patrol have noted a significant increase in the number of pedestrian injuries over the past few years.  Why are these numbers increasing and where do Mission Viejo pedestrian injury accidents happen? Pedestrian accidents can happen in many places, from the sidewalk along a busy street to the parking lot of a grocery store.  Pedestrian accident statistics include those who are injured while riding their bicycles in Mission Viejo, Irvine or anywhere in Southern California. In order to reduce pedestrian accidents both drivers and pedestrians must increase safe practices.  Many pedestrians are looking at their cell phone trying to find directions or texting when they inadvertently step into the path of an oncoming vehicle.  Drivers, also, may be distracted.  The holiday season is filled with distraction and the hustle and bustle of increased shopping and errands. Drivers and pedestrians alike have a lot on their mind.  The simple

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Under-Staffing in Nursing Homes Leads to Injuries and Patient Neglect

under-staffing in nursing homes leads to injuries and patient neglect

The conclusions of a recent study by the Centers for Medicare and Medicaid Services (CMS) are quite concerning: US nursing homes are consistently overstating their staffing.  The fact is under-staffing in nursing homes leads to injuries and patient neglect. CMS originally developed a five star rating system for nursing homes which was designed to help the families of senior citizens to make more informed decisions when selecting a nursing home for their loved ones.  California Nursing homes and facilities across the country are required by law to report specific information to the US government including, but not limited to: Number of Nurses Number of Caretakers Number of Overall Employees These numbers were self-reported and it is simply not possible to verify their accuracy.  Many nursing homes across the US have inflated the size of their staff in an attempt to increase their property’s rating in the five star system.  However,

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Primary Causes of Head On Collisions in Mission Viejo and Orange County

Primary Causes of Head On Collisions in Mission Viejo - Orange County

What are the primary causes of head on collisions in Mission Viejo and Orange County and what steps can you take to reduce the likelihood of becoming involved in a serious head on car accident?  The primary cause of a head on collision is almost always driver negligence.  Here in California and across the nation drivers share a system based upon trust.  We expect oncoming drivers to keep their vehicle on their own side of the road and obey traffic laws and speed limits. Some of the primary causes of head on collisions in Mission Viejo and Orange County include: Drunk Driving – DUI accidents often unfortunately involve head on collisions.  These accidents result in serious injuries and are a leading source of wrongful death across the State of California. Falling Asleep – driving while you are fatigued, drowsy or attempting to stay awake is a dangerous decision.  Drivers who

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California Distracted Truck Drivers Have Caused Hundreds of Accidents

California Distracted Truck Drivers Have Caused Hundreds of Accidents

California distracted truck drivers have caused hundreds of accidents resulting in serious injuries as well as the loss of life.  According to California Highway Patrol accident and injury statistics there have been hundreds of truck accidents in California over the past two years which have been attributed to distracted driving. The experienced Mission Viejo and Irvine truck accident attorneys at the Law Firm of Rivers Morrell have decades of experience representing injured victims and the families of those lost in a fatal truck accident.  Distracted driving has become one of the leading causes of accidents in California.  When a commercial truck driver is distracted while looking at their information center or checking emails, texts or other social media on a cell phone the likelihood of serious injuries or fatal injuries is greatly increased. Distracted driving involves many factors including but not limited to: Eating, Drinking or Reaching for Snacks The

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Road Rash Injuries in an Irvine Motorcycle Accident

Road Rash Injuries in an Irvine Motorcycle Accident

Unlike many areas of the country, motorcycling in Southern California is possible and practical year round.  Unfortunately this means an increase in motorcycle accidents resulting in serious injuries.  While many of these accidents result in broken bones and fractures or more serious injuries most will include “road rash.”  Road rash injuries in an Irvine motorcycle accident occur when an individual suffers extensive abrasions during the course of an accident. The heat and friction between the motorcyclist and the road can remove several layers of skin and sometimes even deeper layers of tissue.  Although most road rash will thankfully usually heal within just a few weeks, other cases will require more extensive medical treatment, including the potential for skin grafting. One of the primary concerns with road rash injuries in a motorcycle accident is infection.  Even those who are treated in a medical setting and take proper care of their injuries

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An Intersection Car Accident Can Result in Serious and Permanent Injuries

California Comparative Fault for Car Accidents

Be very cautious whenever you enter an intersection while you are driving.  According to the California highway patrol an intersection car accident can result in serious and permanent injuries. The CHP accident and injury statistics show intersections are one of the most common locations of a car, truck or motorcycle accident here in Southern California.  Many of the most serious car accidents in Mission Viejo, Irvine and across Orange County occur at intersections.  Drivers often don’t “see” oncoming motorcycles or vehicles and fail to yield on a left hand turn.  They may be distracted by texts or emails on their cell phone and are not therefore paying enough attention as they approach and enter an intersection. The next thing you know you have been broadsided or are involved in a head-on accident even though you were clearly operating your vehicle in a conscientious and safe manner.  Intersection accidents leave serious

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Should a Passenger File a Personal Injury Claim after a Car Accident?

Should a Passenger File a Personal Injury Claim

Should a passenger file a personal injury claim after a Mission Viejo car accident?  Yes, injured passengers always have a claim in California, with very few exceptions.  Generally speaking, a passenger does not have to worry about proving liability.  However, the process of filing a successful personal injury claim can be a bit different for a passenger than it would be for a driver. In most cases, a passenger who is injured in an accident of two or more vehicles will file a claim against every driver associated with the accident.  As an injured passenger, it is prudent to seek and write down the insurance information for all drivers. My name is Rivers Morrell and after more than 40 years of experience as a Mission Viejo personal injury attorney I understand the nature of the relationship you may have with the driver of the vehicle in which you were traveling. 

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Are Mission Viejo and Anaheim Nursing Homes Liable When a Patient is Injured in a Fall?

Anaheim Nursing Homes Liable When a Patient is Injured

Are Mission Viejo and Anaheim nursing homes liable when a patient is injured in a fall?  A recent study by the US Centers for Disease Control (CDC) reports the risks of falling increase as we age, and between 50% and 75% of these falls occur in a nursing home or skilled nursing facility.  Nationally, these facilities average between 2 and 3 falls per bed per year.  Who is responsible and liable for nursing home falls which result in injuries to our beloved family members? Many Anaheim nursing homes and facilities across the Orange County work diligently to prevent patient falls.  Not every patient fall or injury is the fault of the provider.  Unfortunately, in many cases the nursing home or skilled nursing facility is absolutely responsible for the fall and liable for the medical expenses and other compensation based upon those injuries. The nursing home may responsible due to neglect

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