• What Is Proximate Cause in a Personal Injury Case?

    Personal Injury Lawyer A personal injury case can involve complex issues, which is one reason why it’s advisable to choose a highly experienced personal injury lawyer with offices in Tracy or Livermore. Your personal injury lawyer must not only prove the actual cause of your injuries, but also the proximate cause or legal cause. Proximate cause is a key concept in holding a defendant liable for negligence . To better understand proximate cause, it may be easier for your personal injury lawyer to explain what proximate cause does not entail.

    For example, if you drive through an intersection and a car nearly hits you, you may be understandably upset. As you continue driving, your distressed emotional state may prompt you to hit a parked car and sustain injuries. In this instance, the negligent driver may have remotely influenced your accident, but his or her actions do not constitute a proximate cause. To prove that proximate cause does exist, your injury lawyer would have to demonstrate that the defendant could reasonably foresee that acting in a negligent manner could have caused your injuries.

  • What Steps Should You Take if You’re a Dog Bite Victim?

    Medical Help in Dog Bite It’s often thought that only certain breeds of dogs have a tendency to bite. But in fact, any dog may attack in response to a perceived threat. If someone else’s dog has attacked you, a lawyer can help you secure compensation for your injuries. There are a few steps you should take before you visit the office of a personal injury lawyer in Tracy or Manteca. Gathering documentation of your injuries will substantiate a claim that your injury lawyer can file on your behalf.

    Gather Important Information

    It’s essential to determine the dog’s owner or other person who had control of the dog when the attack occurred. If possible, write down this individual’s full name and address. Write down the names and contact information of any witnesses who may have seen the attack. If you have your cellphone with you, take photographs of your injuries.

    Get Medical Help

    Getting a medical evaluation after a dog attack is always advisable. Dog bites can easily spread infections . A medical provider will need to disinfect and bandage the wound. You may need to take antibiotics and pain relievers, and you may need a series of rabies shots. Your medical records will help your lawyer prove your damages.

    File a Report

    Check with your municipal government to determine which agency is responsible for handling dog-related complaints. Then, file a report with the county or city authorities, even if you do not know who owns the dog.

    Contact an Injury Lawyer

    Once you’ve gotten medical help and filed a dog bite report, it’s time to get in touch with a personal injury lawyer. Schedule an initial consultation and compile a list of questions you may have about your case. When you go to the appointment, bring any documents that are relevant to your case, such as copies of your medical records and receipts, photographs of your wounds, and a copy of your filed report.

    Keep Good Records

    If you do file a claim against the owner of the dog, your lawyer will need to prove your damages. If you missed time at work because of your injuries, keep track of your lost wages. Document all of your medical expenses, including pharmacy co-pays. Make notes about any other way your injuries have affected you.

  • Should You File a Personal Injury Claim After a Dog Bite?

    A dog with its mouth open in Tracy CA, highlighting the need for a Dog Bite lawyer in Tracy. After you suffer a personal injury from a dog bite, contact a firm with personal injury lawyers serving Tracy. A personal injury lawyer can evaluate the facts of your case and determine if you may be entitled to compensation.

    If you have sustained a serious injury after a dog bite that has cost you money in medical bills, lost wages, or general pain and suffering, you most likely have a personal injury claim. Dog bite costs exceed over $1 billion in the United States alone. Because of the bacteria living in a dog’s mouth, dog bites can turn fatal if the wound becomes infected. Dog bite laws vary depending on the state, and only an injury lawyer knows the ins and outs of local laws and is familiar with state courtrooms. Contact a lawyer to discuss your personal injury claim if you are hurt, have incurred any bills, or have had your property damaged.

  • What to Do After a Car Accident?

    Countless individuals suffer injuries and property damage each year because of careless, reckless, or drunk drivers. Unfortunately, it isn’t in the insurance companies’ best interests to justly reimburse victims of car crashes, which is one reason why it’s essential to retain the services of a personal injury lawyer near Manteca. Your personal injury lawyer will serve as a powerful ally to help you obtain the compensation you deserve.

    Evaluate the Situation
    Although a car crash is a distressing situation, it’s important to try to remain calm. There are a number of steps you must take to protect your legal rights after a collision. First, however, consider whether oncoming traffic could strike your vehicle. If possible, move your vehicle away from the path of other vehicles. Check yourself, your passengers, and the other driver for serious injuries. Once you’ve determined whether someone might need an ambulance, call 911 and provide the information requested by the emergency dispatcher. Then, if you aren’t sure what to do next, you can call a personal injury lawyer for guidance.

    Exchange Information
    Your accident attorney can inform you of the information you need to exchange with the other driver, such as names, contact information, and insurance information. Additionally, write down the driver’s license number, license plate number, make, and model of the other vehicle. Write down the names and contact information for any passengers and other witnesses, if applicable. When police officers arrive on the scene, write down their names and badge numbers, and obtain a copy of the police report.

    Document the Scene
    Your personal injury lawyer can use the information you collect along with your explanation of what occurred to demand compensation on your behalf. However, it can be helpful to have physical evidence to substantiate your claim. If possible, take pictures of the crash site, the damage done to both vehicles, and any injuries.

    Skilled Car Accident Lawyers in Tracy, CA File a Claim
    Your personal injury lawyer can provide invaluable assistance with your insurance claim. He or she can coach you on what you should and shouldn’t say to the insurance representative, and your lawyer can negotiate with the insurance company on your behalf. In some cases, an accident attorney may file a personal injury lawsuit on behalf of car crash victims.

  • Common Types of Personal Injury Cases

    A personal injury lawyer near Tracy can handle a broad range of cases, including auto accidents and attacks by dogs. If you’ve suffered an injury and you believe it may have been the fault of another party, you can consult a personal injury lawyer to discuss your legal options. For this type of case, your injury lawyer will need to prove that the defendant should be held liable for your injuries. Additionally, he or she will need to provide evidence of the nature and extent of your losses. Quite often, however, attorneys can negotiate a favorable settlement for plaintiffs before the case goes to trial.

    Auto Accidents

    The majority of personal injury cases in the U.S. result from car accidents, truck accidents, and motorcycle collisions. Bicycle accidents and cases in which pedestrians are struck also form the basis for many personal injury lawsuits. Often, a lawyer can assist the victim of a crash by negotiating for a fair settlement from the auto insurance company. At other times; however, a personal injury lawsuit is necessary to justly compensate the victim. A lawyer can also represent the family members of an auto accident victim. In the event that a victim lost his or her life in the crash, the lawyer can file a wrongful death lawsuit on behalf of the surviving family members. Compensation from a jury award or settlement deal can pay funeral expenses and medical expenses.

    Dog Bites

    Open-mouthed dog, symbolizing a Dog Bite Case in Tracy, CA.Even a well-trained, mild-mannered dog can bite. Dogs often attack because they feel threatened, because they’re hurt, or because they’re trying to protect something or someone. Dog bite cases are complex and often hinge upon where the attack took place, such as whether it was on the owner’s property or in a kennel. If you’ve been attacked by a dog, it’s imperative to work with an attorney who has experience handling these types of cases.

    Slip and Fall Accidents

    Slip and fall cases can also be complicated. An individual may slip or trip and fall on a public sidewalk, inside a private building, or inside a retail establishment. A personal injury lawyer can investigate the case thoroughly to determine which parties may be held liable for the accident. This may include property managers or building owners, for example.

  • Attorney Spotlight: Brinton R. McCusker

    Brinton R. McCusker, a lawyer serving Tracy , has been providing legal guidance to California residents since 1997. As a founding partner of Bakerink, McCusker & Belden, this injury lawyer has helped hundreds of clients reach favorable resolutions of their cases. Mr. McCusker has extensive experience with all types of personal injury cases, including auto accidents, motorcycle crashes, truck accidents, dog bites, slip and falls, and defective products. Mr. McCusker also represents property managers and landlords in eviction cases, along with civil litigation involving real property disputes and breach of contract.

    Brinton R. McCusker, Attorney at Bakerink, McCusker & Belden Before Mr. McCusker began serving residents of Tracy and nearby areas as a skilled lawyer, he served his country in the U.S. Army from 1985 to 1989 as a Russian linguist. Later, in law school, he worked as a law clerk for the County of San Joaquin. Upon becoming a lawyer admitted to the State Bar of California, Mr. McCusker also became a member of the Consumer Attorneys of California, an organization dedicated to fighting for justice on behalf of those who have suffered losses due to negligent acts.

  • Important Information About Wrongful Death

    Wrongful Death Claim In a perfect world, no one would be killed as a result of another’s recklessness or negligence. However, thousands of people die every year as a direct result of unsafe conditions and wrongful actions. Though nothing can be done to bring these people back, their dependents can seek financial compensation. If you believe that your deceased loved one’s death was caused by negligence, consider having a Tracy personal injury lawyer at Bakerink, McCusker & Belden to help you file a wrongful death claim.

    There are a number of negligence-related circumstances that might result in a person’s death. For example, an individual might be killed during an accident with a drunk driver, or an irresponsible medical professional may fail to diagnose a well-known fatal disease while it’s still treatable. Whatever the cause of the person’s death, the victim’s family may choose to hold the guilty party accountable by filing a wrongful death claim. The family might demand compensation for the loss of income, funeral expenses, and emotional distress they incurred in the wake of their loved one’s wrongful death.

  • Essential Steps to Take Following a Car Accident

    Each day, personal injury lawyers assist countless people who have been involved in car accidents. If you have been involved in an auto accident, no matter how minor, it’s important to follow a few general guidelines to protect yourself from legal liability. First, you must remain on the scene, even if it’s just a fender bender. Next, call the police and if necessary, call for an ambulance. Your injury lawyer serving Tracy will also advise you to get the name and insurance information of the other driver, in addition to the names of all passengers and witnesses.

    Watch this video to learn what else you should do in the event of a car wreck. After calling for emergency responders, for example, it’s a good idea to call a lawyer. An injury lawyer can help you make sure that you have done everything necessary, such as taking photographs of the scene and documenting the circumstances of the crash.

  • Proving Liability in a Personal Injury Case

    Personal Injury Case in Tracy When you consult a personal injury lawyer , he or she will begin building a strong case to help you obtain compensation for your injuries. One of the cornerstones of a successful personal injury lawsuit is proving liability. That is, your lawyer will need to prove that the other party is at fault for your injuries. Many personal injury lawsuits are filed on the basis of negligence, while others are based on strict liability or, less commonly, intentional wrongs.

    Proving Negligence

    Negligence is a common basis for personal injury lawsuits because many accidents occur when an individual fails to exercise reasonable care. For example, another driver may strike your vehicle if he or she was speeding and could not stop in time to avoid an accident. In this case, your accident attorney will argue that the other driver should be held liable for your injuries and the damage to your car.

    Evaluating Strict Liability

    Not all personal injury cases arise from car accidents. In fact, countless people are injured each year because of defective products or medical devices. If this applies to you, your injury lawyer serving Tracy can file a lawsuit based on the principle of strict liability. This area of tort law states that manufacturers and designers of products have a duty to ensure that their products are reasonably safe when used as intended. For example, if you undergo surgery and receive a transvaginal mesh implant, and that implant later erodes and causes painful complications, your lawyer could argue that the device was defective and led to your injuries.

    Proving Intentional Wrongdoing

    Occasionally, an attorney might file a lawsuit on the basis of intentional wrongdoing. You might be eligible to file this type of lawsuit if criminal charges are also pending against the other party. For example, someone may have assaulted you or a store detective may have wrongfully detained you. Although criminal charges may be filed in these circumstances, your lawyer can also file a lawsuit in civil court. The resolution of the criminal charges will have no bearing on the resolution of the civil case.

  • Actions to Take if You Are Injured on the Job

    You work hard to ensure that your employer succeeds. If you suffer an injury while performing your normal job duties, you deserve to be taken care of while you recover. Many Californians who are injured on the job are entitled to workers’ compensation—if you are denied workers’ compensation, or if you believe that your injuries were caused by negligence, consider hiring a Tracy lawyer .

    Two workers on the ground in Tracy, CA, depicting a work injury in a construction setting.

    Seek Medical Attention

    Depending on the severity of your injury, you may choose to seek medical attention immediately or at your earliest convenience. Regardless, it’s important to visit a doctor soon after the incident, as waiting too long could cause your injury to get much worse. During the examination, be sure to tell your doctor that you suffered your injury at work.

    Notify Your Employer

    Notify your employer of the incident as soon as you are able. If you wait more than 30 days after the date of the incident, you may forfeit your right to receive workers’ compensation. Some injuries occur gradually—if this is the case, inform your employer as soon as you suspect a job-related injury.

    Analyze the Incident

    If all goes well, you should begin receiving your workers’ compensation benefits within a few weeks. However, you might find that this compensation isn’t enough. Consider analyzing the circumstances surrounding your injury—if you detect any evidence of negligence, you might file a personal injury claim against your employer.

    Hire an Attorney

    There are a lot of potential complications surrounding work injuries . For example, your employer’s insurance company may deny you benefits based on something you said. If you are subjected to hard questioning, or if something seems amiss with your compensation benefits, consider hiring an attorney. A skilled lawyer can also help you investigate the circumstances of your injury and help you determine whether to pursue a personal injury claim.