Archive for personal injury cases

Can You File a Personal Injury Lawsuit for Marijuana-Related Accident?

While the side effects of marijuana usage have always been hotly contested, a nine-month-old baby’s injuries tell a completely different story. On Feb 7, 2020, at approximately 9:30 a.m., a 19-year-old woman was leisurely pushing a stroller through a crosswalk. All of a sudden, 28-year-old Ashley Bowman failed to yield to a pedestrian and plowed her Honda Civic into the stroller, causing it to flip over. Fortunately, the 9-month-old baby only sustained facial injuries.

Following the incident, Bowman briefly spoke to the 19-year-old victim and fled the scene. Ironically, Bowman was driving with her own 6-month-old daughter. She was later apprehended and arrested on three different felony charges:

  • Hit-and-run resulting in injury;
  • Causing bodily injury while driving; and
  • Willful cruelty to a child.

Fleeing the scene of an accident

Based on preliminary reports, Ms. Bowman’s liability is inherently clear because she was operating a motor vehicle under the influence of marijuana and fled the scene. And leaving the scene of an accident is a crime.

However, this scenario isn’t entirely unique. Many motor vehicle crashes and accidents involve a hit-and-run scenario. Typically, suspects choose to flee the scene of the accident because they are concerned about being arrested, are intoxicated, or are driving without a license.

Marijuana Legalization and DUI

In California, the legalization of marijuana has resulted in a spike in accidents, which was the case illustrated by Ashley Bowman’s severely impaired judgment. However, just because marijuana is legal doesn’t mean it’s legal to drive under the influence.

If you’ve been injured due to a driver operating a vehicle under the influence of any type of substance, you may be entitled to receive compensation for your losses. An experienced personal injury attorney can guide you through the process and file a personal injury lawsuit on your behalf. Your attorney will work closely with you to lead an independent investigation of the accident to determine all factors at play.

Should I Take the Settlement Offered by the Insurance Company?

Far too often, insurance companies pressure victims into accepting a quick payout for significantly less than the case is worth. Because of this, it’s always a good idea to speak to an experienced personal injury attorney to ensure you are justly compensated. Your attorney will negotiate with the insurance company on your behalf and advocate for you.

Common Failure to Diagnose Personal Injury Cases

When physicians and other healthcare providers fail to accurately and correctly diagnose a life-threatening medical condition, it can have dangerous consequences. Mistakes and misdiagnoses may leave many patients and their families with no other option but to file a personal injury lawsuit in order to get the financial assistance and compensation they now need. Issues such as a stroke or heart attack can result in permanent disability and death in the event that they are misdiagnosed or not diagnosed in time. There are some conditions that are misdiagnosed more commonly than others.

Pulmonary Embolism: This is a condition caused by a blood clot that obstructs the flow of blood through the lung arteries. This embolism is a serious health issue since the lack of blood flow causes damage to the lung tissue, as well as other organs in the body. Prompt care is essential in order to help with the chances of a successful recovery. The symptoms of a pulmonary embolism are usually confused with other medication conditions, which delays treatment. Patients that do manage to survive a pulmonary embolism after a misdiagnosis usually suffer permanent disability.

Mental Illness and Depression: Mental illness and depression are more common than most people realize and the conditions are hard to correctly diagnose. Those who suffer from mental illness may be more likely to harm others around them or themselves, especially in a situation where an incorrect diagnosis leaves them unable to get proper care and supervision. It’s rare for mental illnesses to pose a direct physical threat to a patient but a psychiatric emergency can still be life-threatening. A healthcare provider that doesn’t have the right experience can miss the signs that a patient can be at risk for violence or self-harm.

Heart Attack or Stroke: Despite their prevalence, heart attacks still go undiagnosed regularly. Confusing symptoms of a stroke or heart attack with another medical condition means that treatment can be delayed until it is too late. Patients may not get the surgical procedure or anti-coagulates that could end up saving their life.

While healthcare providers do everything in their power to accurately diagnose an illness, failing to properly diagnose a condition is one of the leading causes of healthcare providers getting sued for medical malpractice. Those who suffer due to improper care can be entitled to compensation.