Padilla Law Group, LLP
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December 2018 Archives

Recover damages after a child is hurt or killed in a car crash

It seems impossible to go a day without hearing about a big car accident occurring in California. Victims of these events often feel that seeking relief for their losses is impossible. If children suffered injuries or died in a car crash, parents may feel achieving compensation for the resulting losses is particularly difficult. By taking the right steps, parents can seek maximum relief for their children and themselves.

Drugged driving can cause serious auto accidents

It's no secret that drunk driving is extremely dangerous. After all, it can have a dramatic effect on an individual's ability to safely operate a motor vehicle. While law enforcement, public interest, and government organizations in California and nationwide make active efforts to curtail the occurrences of drunk driving, there is another problem that all of us on the road are facing: drugged driving. Depending on the type of drug involved, drugged driving can be just as dangerous if not more so than drunk driving. For example, a hard drug like heroin can cause excessive drowsiness as well as thinking and memory problems. Even softer drugs like marijuana can dramatically affect an individual's ability to drive safely. Marijuana can cause delayed reaction times and disturb an individual's ability to accurately perceive distance, speed and time. Drugged driving seems to be becoming more common. A 2017 survey found that almost 13 million drivers over the age of 16 admitted to driving under the influence of drugs. Nearly 44 percent of motorists killed in fatal car accidents in 2016 were found to be under the influence of illicit substances. As drugs like marijuana tend to become more acceptable in society, and the opioid epidemic continues to grow, drugged driving will likely be a problem for years to come. Those who were injured in an accident caused by individuals under the influence of drugs may want to consider taking legal action in hopes of imposing liability and recovering damages. If successful, these individuals may be able to recover compensation not only for financial losses like medical expenses and lost wages, but also for emotional harm. To learn more about how to prove negligence in a drugged driving case, victims should consider discussing their situation with a qualified legal professional.

Assessing settlement of a personal injury claim after a car crash

For many in California, the thought of taking legal action is terrifying. The possibility that litigation may be involved can be paralyzing. Yet, those who are injured in a car crash face this very real possibility. This means that they need to be prepared as fully as possible for litigation if they hope to impose liability and recover compensation for their damages. However, before a case goes to trial the parties usually have the opportunity to sit down and discuss the possibility of settlement. By settling a case, a victim can acquire compensation for his or her losses while avoiding the stress and costs associated with litigation. Defendants, on the other hand, may want to settle a case to avoid the potential of larger judgments against them if the matter goes to trial. Before agreeing to a settlement, a victim needs to consider many things. For example, the strength of a case may dictate that it is in a victim's best interest to take the matter to trial rather than settle. This means that a careful analysis of the facts at hand needs to be made. Witness testimony needs to be considered and possible defenses that may be raised during trial also need to be taken into account. By identifying a case's strengths and weaknesses, as well as the likelihood of success at trial, a victim can better assess whether or not accepting a settlement is in his or her best interest. Although settlement is a very real possibility in most personal injury cases, trial preparation is often key to spurring resolution. Therefore, car accident victims need to go ahead and build a strong legal foundation so that they are in a better bargaining position at the negotiation table.

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Padilla Law Group, LLP
320 Encinitas Blvd
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Encinitas, CA 92024

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