Practice Areas
Negligence and Carelessness
Personal Injury is the legal specialty which obtains compensation for injured persons and their families for the negligent, careless or intentional conduct of others. It deals with any factual situation where a person or persons causes injury or damage to another person.
An injury may occur in a number of ways, including an auto, truck or motorcycle crash, an aircraft or ship incident, a slip and fall, a defective drug or pharmaceutical, a defective product, medical or legal malpractice, nursing home malpractice or abuse, a work-place or construction-site incident, consumer fraud or a wrongful denial of insurance benefits.
The injury caused by the negligent or intentional conduct can be physical, such as broken bones and fractured bones, or it can be emotional, such as severe emotional distress or post-traumatic stress disorder, or it can be financial, such as fraud and deceit.
Most persons are familiar with the concept of negligence. Someone is negligent when their conduct is unreasonable. In other words, conduct which is below community standards of care and expectations. For example, it is reasonable to stop your vehicle for a stop sign. But it is unreasonable to not stop and drive past the stop sign. It is reasonable to keep your property in a safe condition. And it is unreasonable to leave a banana peel where someone might step on it and slip. It is reasonable for your vehicle to be designed and built to protect you and your family in an accident. It is unreasonable for the vehicle to permit you and your family to be injured because of deficient design.
The concepts of negligence and reasonableness can be applied to many facts which cause injury and damage.
Intentional conduct is less common than negligence. But it can be equally devastating. Conduct is considered intentional when someone does something to cause harm or increase the possibility of harm with knowledge that harm will occur. In other words, when a person intends to hurt another, and does in fact hurt that person, then that conduct will be deemed intentional.
The significant differences between negligent and intentional conduct are the degree of proof required in court and the calculation of damages.
The analysis of whether conduct is negligent or intentional requires a review of all the facts by an experienced personal injury lawyer.
If you have been hurt, or a family member has been hurt or killed, because of someone’s negligence or carelessness, please contact the Charles L. Carson Law Offices to discuss how we may be of assistance.
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Auto, Truck and Motorcycle Crashes
Motor vehicles have revolutionized our business and social life over the past 100 years. When using these vehicles we have a right to require that our travel be safe and free from risk and injury.
Motor vehicle crashes are the most common causes of serious personal injury in the United States. Because they are common we frequently do not fully comprehend the extent of loss of life and limb related to these crashes.
A motor vehicle incident may be caused by another negligent or inattentive driver, by the negligence or inattention of the person driving your car, by bad roadway design or signage, or by the automaker’s defective or deficient design of your vehicle.
The U.S. Department of Transportation’s 2001 statistics show that there were over 6 million motor vehicle crashes, with over 3 million persons injured and over 42,000 killed that year only.
Those statistics also show over 73,000 motorcycle crashes, with over 60,000 persons injured and over 3,000 killed.
Over 860,000 persons were injured in light truck crashes, and over 29,000 persons were hurt in large truck crashes. Over 15,000 persons were hurt in bus crashes.
Motor vehicle incidents and injuries are easy to avoid if the driver is safe and careful. But, as we see in the newspapers and on TV, too many people are negligent or careless when they operate an auto, a truck or a motorcycle.
If you have been hurt, or a family member has been hurt or killed, because of someone’s negligence or carelessness, please contact the Charles L. Carson Law Offices to discuss how we may be of assistance.
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Aircraft and Ship Incidents
Airplanes and ships and boats are important for business use and recreational use. We have a right to expect that use of these vehicles will be safe for us and our families.
Aircraft and ship incidents are not as common as motor vehicle crashes. However, the potential for injury in an aircraft or ship incident is frequently greater due to the mechanics of the crash. And, if an aircraft or ship incident takes place in a foreign country, or in international waters or airspace, additional federal and foreign laws may be involved.
An aviation or ship incident may be caused by a negligent or inattentive pilot or captain, by the negligence or inattention of the person flying your aircraft or operating your ship or boat, by bad equipment design or signage, or by the manufacturer’s defective or deficient design of your aircraft, ship or boat.
The U.S. Department of Transportation’s 2001 statistics show that during the previous twenty years there were slightly less than 500 airline crashes with over 2000 passengers killed.
Those statistics also show that during the previous ten years there were over 45,000 people injured in recreational boating incidents.
If you have been hurt, or a family member has been hurt or killed, because of someone’s negligence or carelessness, please contact the Charles L. Carson Law Offices to discuss how we may be of assistance.
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Slip and Fall Incidents
When we go into a supermarket, a department store, a hair salon, or any business, or even to a neighbor’s home for a social event, we have a right to expect that we will be safe. Unfortunately, that business or home may not be as safe as it should.
Slip and fall incidents are also one of the most common causes of serious personal injury in the United States.
This area of the law has undergone a substantial change in the last 45 years. Originally, a property owner or lessee’s obligation to protect others from slips and falls was determined by artificial and complex rules. However, that has changed and the owner or lessee of property or a building now has to avoid being negligent or careless in the care and maintenance of that property.
A slip and fall can be caused by the negligent failure of a person who owns or leases property or a building to keep the premises in a safe condition. One of the oldest examples of unsafe conditions is a banana peel on the floor, upon which someone steps and slips and falls down. However, most other examples of unsafe conditions are not so obvious.
For example, if a shopper in a supermarket is looking at grapes, picks some up to inspect, and accidentally drops one on the floor. And then, 15 or 20 minutes later, another shopper walks by the grape display and steps on that same grape and slips and falls. Under this example, the legal question is whether or not the supermarket management had sufficient time to inspect the floor and clean up any dropped grapes. But this example could be extended to a broken bottle of mayonnaise on the floor or a spill of cooking oil. Again, the legal question is whether or not the management had sufficient time to inspect the floor and clean up the spills.
As you can see, one of the central questions is whether the management had sufficient time to inspect the floor and make it safe for shoppers. Frequently expert analysis and testimony by a human factors expert or a safety engineer is needed to determine if management had sufficient time to inspect or was negligent regarding the property.
If you have been hurt, or a family member has been hurt or killed, because of someone’s negligence or carelessness, please contact the Charles L. Carson Law Offices to discuss how we may be of assistance.
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Defective Drugs and Medicines
Among the most significant advances in medicine in the last 75 years has been the development and availability of drugs and medicines to treat formerly chronic or fatal diseases. The quality of life for our friends and families has been greatly improved by these scientific developments.
But newspapers and TV are full of stories about the unexpected effects of Vioxx, Bextra, Celebrex and Viagra, and many more. Some of these drugs may cause more injury than relief.
Any concerns for health related to suspect drugs or medicines should be discussed in depth.
If you have been hurt, or a family member has been hurt or killed, because of someone’s negligence or carelessness, please contact the Charles L. Carson Law Offices to discuss how we may be of assistance.
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Defective and Dangerous Products
One of the benefits of our society is the availability of products that make our life easier. We rightfully expect that these products will make our life more pleasant, reduce work, and not cause harm.
Defective products can cause some of the most devastating and catastrophic personal injuries. Product liability law is one of the more complex areas of personal injury law and has undergone many changes in the last 45 years. Where once the law required a contractual relationship between the manufacturer and the injured person, now under the rules of Strict Product Liability and the shifting of the burden of proof, this area of the law effectively protects those injured by a defective product.
Almost any product manufactured and placed on the market for sale may have a defect in its design or manufacture, or may be unreasonably dangerous. For this reason, manufacturers are required to use reasonable care to eliminate any potential defect in the design and manufacture of products placed on the market for sale to the public. Under certain circumstances, if the product cannot be made safe, or is in the category of unreasonably dangerous products, then the manufacturer may be required to give an adequate warning of the defect to the consumer.
For example, in the famous Ford Pinto case, the auto was defective since the gas cap was not properly designed and made the Pinto more prone to explosions. Also, numerous cases have dealt with the manufacturer’s failure to make products ranging from power tools to baby car seats safe for the user.
If you have been hurt, or a family member has been hurt or killed, because of someone’s negligence or carelessness, please contact the Charles L. Carson Law Offices to discuss how we may be of assistance.
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Medical and Legal Malpractice
In daily life we must depend on the professional judgment and ethics of those with special education and training. We usually call these people professionals. We rightfully expect that we will not be harmed by their professional advice or services.
The term “malpractice” refers to negligence or carelessness committed by a person in one of the professions, such as medicine, law and accounting. This complex area of the law is subject to a number of statutory limitations, such as a notice of the claim to the doctor, limits on jury awards for pain and suffering and legal fees, among others.
Whether or not a professional is negligent is determined by comparing his or her conduct with other such professionals.
For example, if a surgeon performs an operation and accidentally severs an artery, that doctor’s legal responsibility would depend upon whether other surgeons view that as an error in the operation or as a risk of the operation. In other words, most medical malpractice cases require that a doctor testify as an expert witness that the defendant doctor’s actions were negligent or below the standard of care.
The same rules apply to alternative medicine practitioners, chiropractors, physical therapists, and nursing services.
In medical malpract ice cases, it is not uncommon for hospitals and medical equipment suppliers to also be responsible for the injuries.
In legal malpractice cases, a successful recovery requires sufficient proof that the attorney was negligent in the original civil case and that the original case would have been won if the attorney had not been negligent. In a criminal case where the defendant is convicted in court, the attorney must be shown to have been negligent and that the defendant was actually innocent. In legal malpractice cases, it is usually necessary for another attorney to provide expert witness testimony for a successful result.
Legal malpractice cases are frequently more difficult to win than medical malpractice cases.
If you have been hurt, or a family member has been hurt or killed, because of someone’s negligence or carelessness, please contact the Charles L. Carson Law Offices to discuss how we may be of assistance.
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Nursing Home Malpractice and Elder Abuse
Medical research has discovered new drugs and treatments which permit many people to live longer than in the past. As a result, it is frequently necessary for patients to need institutional care but not be sick enough for hospitalization. Nursing homes provide this vital service to the community.
A patient is placed in a nursing home usually because they cannot or will not take care of themselves. The patient and his or her family has a right to expect that nursing home staff will take proper care and provide a safe environment. So, when nursing home staff do not meet this standard of care, the staff member and the nursing home may be found liable for malpractice and abuse.
Malpractice occurs when the conduct of a nursing home staff member is negligent or falls below the standard of care resulting in injury to the patient. Malpractice by nursing home staff has unfortunately become more common since nursing homes have become a necessary part of life.
Abuse occurs when a person takes physical, emotional or financial advantage of a person who may be physically, mentally or legally disabled from properly caring for himself or herself. The abuse can take many forms, but among the most common is financial, physical, emotional and sexual abuse.
Nursing home malpractice and elder abuse may be separate claims or they may both relate to the same nursing home care and facts. This type of malpractice and elder abuse is repugnant to our civilized society and those responsible should be reported to law enforcement for criminal prosecution, and should be pursued by a civil claim or lawsuit.
If you have been hurt, or a family member has been hurt or killed, because of someone’s negligence or carelessness, please contact the Charles L. Carson Law Offices to discuss how we may be of assistance.
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Work Place and Construction Site Incidents
Most of us work for a living. We have a right to a safe place to work. We should not be injured while providing for our family.
Unions and civic organizations have worked hard for years to require that employers provide employees with a safe place to work. Numerous laws have been enacted to protect workers, and federal and state agencies have been established to administer those laws. However, injuries at work and construction sites still occur much too often.
This area of the law is complicated by the presence of worker’s compensation insurance which can defeat an injured employee’s claim against the employer for negligence under certain conditions. Also, a series of California cases have eroded historic protections provided to injured employees. Although Cal OSHA and federal OSHA work to keep workplaces safe, the task is enormous and serious and catastrophic injuries still happen.
Workers deserve a safe place to work, and their safety should not be compromised so that an employer can make more money. The facts surrounding a work place or construction site injury should be fully explored to determine the injured person’s right to seek compensation.
If you have been hurt, or a family member has been hurt or killed, because of someone’s negligence or carelessness, please contact the Charles L. Carson Law Offices to discuss how we may be of assistance.
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Consumer Fraud
We all engage in transactions with other persons and businesses on a daily basis. We have a right to expect that our dealing with others and with businesses will be honest and above board. We have a right to expect that we will not be cheated. But newspapers and TV are full of stories about cheating and fraud on a personal level, on a business level, and on a government or national level.
Many state and federal laws deal with various types of fraud and misrepresentation. Many statutes have established consumer remedies for defective products. A detailed explanation is not possible without a review of the facts. Each instance of fraud or misrepresentation must be fully evaluated on its facts in order to determine what legal remedies are appropriate.
Fraud against the government is also a significant social problem. However, the government has provided for a reward to vigilant citizens who report persons who are convicted of cheating in obtaining government benefits. Whistleblower Statutes permit the person who reports such fraud to share in the government’s recovery from the perpetrator. One of the most common types of government fraud involve false MediCare and MediCal claims.
If you have been hurt, or a family member has been hurt or killed, because of someone’s negligence or carelessness, please contact the Charles L. Carson Law Offices to discuss how we may be of assistance.
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Wrongful Denial of Insurance Benefits
Insurance is a necessity for modern life. Automobile insurance protects us from responsibility if our car is negligently operated and can provide limited medical treatment benefits. Homeowners insurance protects us if someone slips and falls in our home. Health insurance protects us from the astronomical expense of an injury or illness. Business insurance protects our business from numerous types of claims.
When we make an insurance claim, the person we first deal with is usually an insurance adjuster. Most adjusters are good and sincere people who want to honestly evaluate and resolve each claim. However, an insurance adjuster must handle claims according to the insurance company’s claims procedures. Sometimes insurance companies have claims procedures which are intended to benefit the insurance company rather than the injured person making the claim. Insurance law cases are replete with instances where insurance companies use deceit and misrepresentation to avoid paying a meritorious claim, and require the injured person to obtain legal assistance to get the claim paid.
Insurance law is also a complex area and requires a full review of the policy and the facts to determine one’s legal rights and remedies.
If you have been hurt, or a family member has been hurt or killed, because of someone’s negligence or carelessness, please contact the Charles L. Carson Law Offices to discuss how we may be of assistance.
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