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Will Your Los Angeles Car Accident Lawyers Fight for Punitive Damages? 

September 29, 2020

Punitive damages are quite a bit different from economic and non-economic damages on a fundamental level. Economic and non-economic damages are “compensatory,” which means they are meant to cover the losses suffered by the plaintiff due to the negligent or wrongful misconduct of the defendant. By contrast, punitive damages are meant as a modifier to the compensatory damages amount, to discourage the defendant (and others who are similarly situated) from engaging in similar misconduct. Confused? Here’s an example: Suppose that you are injured in a car accident by a defendant-driver who was going through a fit of “road rage.” Your damages total $100,000. Simply put, the defendant was angered that you did not let them merge into your lane, and as such, they rammed the back of your car, causing you to crash and sustain significant injuries as a result. Under such circumstances, the court might find that the defendant’s…

Five Most Common Causes of Catastrophic Injuries in Los Angeles

September 25, 2020

Few people are prepared for the devastating and life-altering consequences of a catastrophic injury. Generally resulting in long-term and even lifelong effects that significantly impact a person’s quality of life, the impact of a catastrophic injury can affect your family and loved ones, as well. Since these injuries typically require extensive and long-term treatment encompassing physical, mental, and emotional rehabilitation, it’s recommended that you contact an experienced Los Angeles catastrophic accident lawyer if you’ve been involved in a serious accident in the city. There is a substantial chance that a severe accident or injury might occur in a city with such close proximity to so many different activities in nature. A catastrophic injury will generally include spinal injuries, limb loss, traumatic brain injury, and any other injury that requires effective long-term treatment or care. Below, we discuss the five most common causes of catastrophic injuries in Los Angeles, along with…

Why is Los Angeles So Dangerous for Pedestrians?

September 22, 2020

Given the number of cars on the road that make the city infamous for its traffic jams, Los Angeles pedestrian injuries and fatalities remain some of the highest in the nation. Every year, hundreds of people are killed, and even many more injured as they aim to navigate the treachery of the city’s roads. Many injured in pedestrian accidents opt to seek counsel from an experienced Los Angeles pedestrian accident attorney so they can recover damages and receive compensation for their physical and emotional injuries. With pedestrian injuries increasing year-over-year since 2006, many often ask themselves what makes Los Angeles so dangerous for pedestrians. Below, we take a look at some of the factors driving the incidence of these gruesome accidents. California Pedestrian Accidents: The Numbers According to the Governor’s Highway Safety Association, California often leads the nation in pedestrian deaths, with 2016 emerging as one of the highest on…

How is Fault Determined After a Bicycle Accident in Los Angeles?

September 1, 2020

Los Angeles is becoming increasingly scary for bicyclists as the advent of smartphones makes drivers more careless on the road. When a car and a bicycle crash, both parties will often try to assign blame to the other: The cyclist might allege the driver wasn’t paying attention or was overly aggressive, while the driver will likely argue that the cyclist was pedaling too close to the road. Fortunately, determining fault in a bicyclist accident often revolves around California’s laws regarding the duty of care, and an experienced Los Angeles bicycle accident attorney can help you argue for your rights. To understand how fault is determined after a bicycling accident in California, we outline the state’s duty of care laws and attempt to resolve any questions you might have regarding your particular case. Drivers in California Have a Duty of Care In California, drivers have a legal duty of care to…

Bike Accidents: Why Are They Such a Problem in Los Angeles?

August 17, 2020

While a substantial portion of Los Angeles commuters choose to get around on bikes, that doesn’t mean the city is safe for cyclists. The hours-long traffic jams, pristine weather, and mostly flat streets make the city ideal for commuting via bike — yet Los Angeles constantly lands itself on ‘worst places to bike’ lists by industry magazines and associations. What accounts for the discrepancy? Based on what our Los Angeles bicycle accident attorney has learned, it’s the city’s inability to curb the incidence of fatal accidents involving cyclists.  Los Angeles has recently tried to address safety concerns by improving roadway conditions, and the city has even increased funding devoted to safety projects. With many measures inspired by Vision Zero, a Swedish concept focused on increasing safe travel for all roadway users (including cars and cyclists) when implementing these programs, the mayor of L.A. proclaimed that they were designed to reduce…

Orthopedic Injuries are Common in Accident Claims

August 11, 2020

Orthopedic Injuries After an Accident in California  Orthopedic injuries are those that involve damage to the musculoskeletal system. These types of injuries are common in serious accidents, and the forces involved in vehicle collisions, falls and other traumatic accidents are more than enough to cause damage that leads to a debilitating injury. While most individuals who suffer orthopedic injuries will be able to recover with proper treatment, some accident victims will experience permanent complications. If you have suffered an orthopedic injury in an accident, you may be entitled to financial compensation, and it is important that you speak with a Los Angeles personal injury lawyer as soon as possible. What are Common Orthopedic Injuries from Traumatic Accidents? Orthopedic injuries can occur in all areas of the body. At the Banafshe Law Firm, P.C., we help victims of serious accidents recover just compensation for orthopedic injuries including: Bone Fractures As an…

California Bike Deaths are Higher Than Ever

August 4, 2020

Though biking has become more prevalent in California, the state is experiencing an unprecedented amount of cycling deaths, undoubtedly caused by an uptick of cars on the road due to the advent of ridesharing apps. California’s spike in bike fatalities mirrors that of the rest of the nation, though it remains disproportionate in terms of the population. According to data from the National Highway Traffic Safety Administration, there are about 3.9 bike accident fatalities per million people – a rate higher than California has seen since the mid-1990s, before many cities – including Los Angeles – built extensive bike networks designed to encourage safety. Compared to the national average of 2.6 deaths per million people, California should certainly be looking for safer biking solutions.  Why Has Biking Become So Dangerous in California? When it comes to examining why bike deaths are on the rise in California, experts agree that several…

Ridesharing in the Age of the Coronavirus

July 24, 2020

The COVID-19 pandemic has disrupted industries that once remained at the forefront of growth, and ridesharing companies like Uber and Lyft are some of the hardest hit in the coronavirus economy. Each company saw its earnings plummet as social distancing and stay-at-home orders were implemented to slow the spread, and both company executives and drivers alike were faced with dwindling profits. Drivers, in particular, bore the brunt of the chaos, as they watched their average sales fall dramatically from a lack of ridesharing passengers, and were put into situations that endangered their health and safety if they wanted to continue earning.  Passengers, likewise, found themselves wondering whether hopping into an Uber remained safe, and what their rights were should they encounter a driver who wasn’t adhering to Uber and Lyft guidelines regarding mask wearing or proper social distancing measures. Needless to say, our Los Angeles personal injury lawyer is well…

What You Need to Know About Sports-Related Brain Injuries

July 17, 2020

Sports-related brain injuries are some of the most widespread and unreported injuries affecting children and adults today. It’s estimated that 214 million children and adults play some type of sport in the U.S., increasing the chances for significant injury on a widespread level among the population. While playing sports certainly does have a strong impact on the social and emotional health and well-being of those who engage, it is certainly worth noting that the risk of injury is also substantial.  In recent years, celebrity football players have drawn awareness to the incidence of traumatic brain injury in athletes, as they have increasingly faced significant trauma due to their injuries. Sports-related traumatic brain injuries are believed to account for up to 20 percent of all brain injuries occurring in the U.S. today. The Centers for Disease Control and Prevention estimate that nearly three million people receive treatment for traumatic brain injuries…

Proving a California Wrongful Death Claim

July 10, 2020

While nothing can replace a loved one, a wrongful death suit is one way to get closure after the tragic and sudden loss of a family member at the hands of someone else’s carelessness. California law allows surviving family members to get compensation for any emotional and economic losses suffered after an accident that led to their loved one’s untimely death. However, recovering under a wrongful death suit can be a highly emotional and contentious process, so it’s recommended that you speak with a Los Angeles wrongful death attorney who can navigate the process for you. It’s important to bear in mind that state law requires strict procedures to be followed to recover for your losses, and that these steps can stir up a lot of emotional strife. To prove that a death was wrongful and caused by someone else’s error, the court will require you to establish proof of…

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