Personal Injury

July 4, 2023 by The Weinberger Law Firm

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, eardrum, or the little bones within the middle ear (just on the other side of the eardrum). 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 the 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) 357-6767 today for a free consultation with our Sacramento personal injury lawyer regarding your personal injury case.

July 4, 2023 by The Weinberger Law Firm

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” (a 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 the 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.

July 4, 2023 by The Weinberger Law Firm

There are a lot of cars on the California roads and as the population increases, so do car accidents. In fact, in 2007 alone, 4,000 people died on California roads and highways. The grieving process alone for losing a loved one in an automobile accident is difficult alone but trying to cope with the thought that the accident was caused by someone else’s negligence is even more devastating. If you or someone you know lost a loved one due to the irresponsibility of someone else, you could potentially pursue a wrongful death claim. Immediately seek advice and consultation from an experienced California injury attorney.

While there is no amount of money that can bring a loved one back, California law allows victims to receive compensation for financial burdens and in some cases, the emotional suffering. Although each case is different, some of the compensation that is available to surviving family members are:

income
potential future earnings and inheritances
medical expenses
funeral costs
emotional pain and suffering

Driver Negligence

Every driver on the road has a responsibility to act and drive cautiously to safeguard everyone else on the road. When a driver is negligent or reckless however, he or she does not take the safety of others into account. Some of the most common types of driver negligence are:

driving under the influence of alcohol and/or drugs
speeding
ignoring the rules of the road
using a cellphone to talk or text
fatigued driving
passengers talking or distracting you
anything else that distracts you from your responsibility of careful driving

Any of these reckless behaviors can cause an accident and take a life whether its someone in another vehicle or a pedestrian on the street. Reckless driving can cause some of the most severe types of accidents such as head-on collisions and side-impact crashes which could lead to serious injuries and death. Some of the common types of fatal car accidents due to negligence are:

rear-end accidents
intersection accidents
alcohol-related accidents
hit and run
motorcycle accidents
pedestrian accidents

Establishing Fault

In order to receive compensation, you must establish who is at fault. This is not an easy process to do and usually, an experienced personal injury attorney is best to help you in your specific circumstance. To prove fault, a judge will have to review:

official accident reconstructions
medical records
testimony from witnesses
police reports

In order to have a successful lawsuit in California, the plaintiff must prove that

a death occurred,
the death was caused by another’s negligence or an intent to cause harm and
the surviving family must show how they suffered a loss as a result of the victim’s death.

If you are mourning over the loss of a loved one, you shouldn’t have to deal with frustrating insurance companies, conducting investigations or anything else that is necessary to prove negligence caused a death. Keep in mind that there is a statute of limitations for when you can file a case so don’t wait to speak with a California injury attorney immediately.

July 4, 2023 by The Weinberger Law Firm

The General Motors recall scandal was one of the biggest news stories of 2014. Although the Takata airbag recall has since taken the media spotlight, the fallout from the GM scandal is still being felt nationwide. So far, 109 car accident fatalities have been linked to GM’s defective ignition switches and its decade-long delay in issuing a recall.

There is little debate about the fact that General Motors bears the vast majority of the blame for this tragedy. But many believe that the National Highway Traffic Safety Administration also failed in its duties to the American People. Recently, the Transportation Department released two internal reports echoing that sentiment.

The reports and top NHTSA officials note that more could have been done to further investigate evidence suggesting that the vehicles were dangerous. The NHTSA also needs to change the way that information is sought, collected and analyzed.

For most of its history, the agency has largely relied on automakers to police themselves and provide important information to the NHTSA when needed. But numerous recall scandals have proven that the honor system does not work. Car manufacturers are simply too invested in protecting their own profits.

Mark Rosekind, the new NHTSA administrator, noted that “the GM experience changed the culture here. What that means is challenge the information you’re getting, and challenge the assumptions you are pursuing.”

It’s important to point out that the NHTSA’s funding, resources, and authority have limited its ability to effectively regulate the auto industry. In the wake of the GM scandal, regulators are asking Congress to facilitate improvements in all three areas.

When it comes to ensuring the safety of consumer products, few products are as important to regulate as automobiles. Until or unless substantive changes are made and sustained, we can expect further recall scandals in the future.

July 4, 2023 by The Weinberger Law Firm

For most of the last century, America’s driving laws and road infrastructure have been largely been built around physical ways to control traffic. But in recent years, traffic studies have helped researchers realize that there are many psychological components to safe driving as well. Especially in urban areas like Sacramento, the ways that drivers, bicyclists, and pedestrians interact is often influenced by factors we don’t consciously recognize.

Recently, state senator Carol Liu proposed a universal helmet law for bicyclists in California. Riders under age 18 are already required to wear helmets, but helmets are optional for adults. It’s unclear if the bill will pass, but the proposal alone has generated some interesting public discussion about the physical and psychological components of bicyclist safety.

As a practical safety measure (without regard to politics or laws), wearing a bicycle helmet is one of the best precautions a rider can take. Helmets literally save lives. Senator Liu cited a statistic showing that in 2009, some 91 percent of individuals killed in bicycle accidents were not wearing a helmet.

There should be no debate about whether wearing a helmet is a good idea. Indeed, nearly all riders agree that it is. But should there be a universal helmet law for adult bicyclists, with a fine for non-compliance?

This leads to some interesting arguments about psychological safety factors. On one hand, a helmet law raises public awareness about bicycle safety, and that’s a good thing. On the other hand, some bicyclists have expressed concern that this proposed law seemingly puts the burden of safety entirely on the bicyclists themselves. They also argue that a helmet law could discourage more people from riding bikes, and mass ridership is a good way to improve bicyclist safety because it gives riders a greater presence on Sacramento roads.

Moreover, some Sacramento bicycling advocates have cited studies showing that drivers behave differently around cyclists wearing helmets. They may be less likely to observe a wide buffer zone when passing a bicyclist with a helmet on.

If you or a loved one has been seriously injured in a bicycle accident caused by a negligent driver, it’s important to remember that you have rights and legal options. You may wish to share your story with an experienced personal injury attorney.

Source: The Sacramento Bee, “Bill would require helmets for adults cycling in California,” Tony Bizjak, Feb. 12, 2015

July 4, 2023 by The Weinberger Law Firm

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. (916) 357-6767 today for a free consultation regarding your personal injury case.

July 4, 2023 by The Weinberger Law Firm

SACRAMENTO, CA – The Sacramento baby boy at the center of child custody controversy that has garnered international attention will be moved to a Bay Area hospital for further evaluation.

“It’s like a special day for us. It’s like we’re in a unit with our son again,” said mother Anna Nikolayev. “We’re just not going to let go anymore.”

Five-month-old Sammy, who was removed from his parents’ custody by Sacramento County Child Protective Services last week, will be transported to Stanford Medical Center in Palo Alto, a Sacramento County judge ruled Monday. The baby has been in protective custody at Sutter Memorial Hospital.

Call (916) 357-6767 today for a free consultation regarding your personal injury case.