A concussion is a possibility after any accident, so it is always wise to get examined by a doctor, even if you believe that you feel fine. If you do have a concussion, a personal injury lawyer in Tracy and Manteca can help you get the compensation you deserve.

Watch this video to find out how to recognize the symptoms of a concussion. Headaches, fatigue, mood swings, confusion, and personality changes can all indicate the presence of a concussion. Even minor head injures can lead to concussions, so if you’re hurt, get evaluated. Creating a record of your injury will help your attorney if you file a personal injury claim. Personal injury lawyers rely on these medical records to determine what type of damages are appropriate for their clients.

Your children aren’t the only beneficiaries that should be included in your will. You should also make provisions for your pets. Your lawyer in Tracy or Manteca can help you determine the best way to provide for your pet in your will and fit your plans for your estate into your larger estate planning goals.

There are two considerations to keep in mind when you making plans for your pets in your will. First, you need to decide who should take over care of your pets after your passing. You should determine who you would trust with the responsibility and then consider talking to him or her about your wishes before naming that person in your will. The second consideration is financial. Some people earmark part of their estates for their pets to offset the financial demands of their care, which can be helpful to person who takes them over when you pass away. Your lawyer can help you determine the appropriate way to make these provisions in your will.

When you approach a personal injury lawyer in Tracy or Livermore , one of the first things he or she will try to determine is the severity of your injuries. Most personal injury cases require the responsible party to make the other person whole again—in other words, the person who was injured should be not bear any of the financial responsibility for his or her accident. Permanent injuries, including scarring, are handled differently. These injuries are usually considered to be catastrophic injuries and require a much different approach from personal injury lawyers. Here is a closer look at how catastrophic injuries are handled in injury cases.

Basics of Catastrophic Injuries

Although there is no standard definition of catastrophic injuries, they are usually considered to be injuries that cause long-term or lifelong disability, disfigurement, or need for medical care. In most cases, catastrophic injuries prevent a person from returning to the work they did previously or leave them in need of home care aides or other medical assistance. For instance, someone who is paralyzed in an accident or suffered brain damage that prevents from him or her returning to his or her job would typically be considered catastrophic injuries. Disfigurement, such as scarring, may qualify as a catastrophic injury, depending on the severity.

Standard Personal Injury vs. Catastrophic Injury Cases

If your injury is catastrophic, your lawyer will approach your case differently. The awarded damages are typically significantly higher for these types of injuries, to offset loss of future income and the need for future medical care. As such, the evidence requirements are much more stringent, and your attorney will gather information from a variety of medical experts to prove the true nature of your disabilities and the kinds of care you need in the future. In some cases, personal injury lawyers rely on witnesses who are experts in projecting future income potential to show how the injury has affected earning power. This proof is necessary to ensure that victims with personal injuries receive the compensation they need to offset the costs of long-term care.

After someone passes away in Tracy or Livermore, the probate process can begin. Probate is the process of filing a petition with the court to admit the will into probate or, in the absence of a will, appointing an estate administrator. When wills enter probate, they are publicly accessible. The decedent’s assets are inventoried and then the assets are transferred from the decedent to the heirs.

When you watch this video, you’ll hear a little more about probate and why some people might wish to avoid it. Since wills that enter into probate are publicly accessible, some people wish to avoid probate due to privacy concerns. It is also possible that the will may be contested. If you have any concerns about probate, a lawyer who handles estate planning cases can help you.

If you were injured as a result of the negligent or reckless actions of another person, you may have the grounds for a personal injury lawsuit. Consider talking to a personal injury lawyer near Tracy or Manteca about your legal rights and options. Depending on the circumstances of your case, your personal injury lawyer might pursue compensation on your behalf for your actual losses and your pain and suffering, which may be referred to as your emotional injuries.

Examples of Emotional Injury Cases

Emotional distress can arise from many different types of personal injury cases. It may be an element in auto accident cases in which the victim has suffered mental anxiety along with physical injuries. Emotional damages can be associated with intentional torts, in which the defendant intentionally assaulted the victim. Emotional injuries may also arise from dog bite cases or slip and fall accidents.

Elements of Emotional Injuries

When determining whether to pursue compensation for emotional injuries, your personal injury lawyer will consider whether certain elements are present in your case. Under California case law, the defendant must be shown to have acted in an extreme manner that is outside of the scope of exercising reasonable care. The defendant must have acted in a way that showed reckless disregard for the victim’s safety or the defendant must have intentionally acted in this way. Additionally, the plaintiff must be shown to have suffered from severe emotional distress. The defendant’s actions must be a substantial factor in causing this extreme emotional distress.

Proof of Emotional Injuries

Emotional injuries are often difficult to prove, but there are ways that your injury lawyer can demonstrate your emotional distress. After an incident occurs, it’s important to keep careful track of all problems that stem from the incident. Perhaps your emotional distress was severe enough to cause you to miss work or even to get fired. Perhaps you had to work with a psychologist or other mental health counselor. Document the specific symptoms and other challenges you experience from day to day and describe the way in which these problems interfered with your daily life. Your account of your emotional distress should be supported by documents or testimony from your doctor or mental health professional.

If you have your lawyer establish a trust , then the trustee is responsible for administering the trust in accordance with your wishes after your death. In Tracy and Livermore, trust administration is a significant responsibility and often requires in-depth knowledge of estate planning matters. The trustee you choose can receive assistance from a law firm, but it’s still important to select a trustee who is capable of handling this responsibility.

Selecting a Family Member

It’s common to select a family member as a trustee or two select two family members to serve as co-trustees. If this is an option for you, then be sure to choose a family member who has solid business sense and good judgment. Your trustee should be expected to outlive you. Before settling on a relative, carefully consider whether family dynamics or family conflicts might interfere with the trustee’s ability to administer the trust in an appropriate manner. Even when a family trustee has the best of intentions at heart, he or she might be influenced to make an emotional decision. If you do decide to use a family trustee, make sure that person is willing to carry out these duties after your death.

Choosing a Professional Trustee

Many people choose a professional or corporate trustee. This option may be right for you if you do not have a family member whom you trust to faithfully administer the trust or if none of your relatives are willing to assume this role. Bear in mind that a corporate trustee will charge a fee, which might be a problem for trusts that are modestly funded. However, the advantage of choosing a corporate trustee is that he or she won’t be swayed by family dynamics or conflicts.

Authorizing a Relative and an Independent Advisor

It is possible to find a middle ground between choosing a family trustee versus a corporate trustee. You might decide to select a trustworthy family member to serve as a trustee, but then to also hire an independent investment advisor. This advisor could provide guidance to the trustee without charging the same high fee that would be typical of a corporate co-trustee.

Parents of children who have been injured as a possible result of someone else’s negligent or reckless actions should consult a personal injury lawyer in Tracy or Manteca. A personal injury lawyer will review the case to decide if it is appropriate to pursue damages. Since the rules of statutes of limitations are different when applied to children, it is possible for the child to wait until the 18 ^th birthday before filing a lawsuit on his or her own behalf. However, a guardian ad litem can also file a lawsuit on behalf of a minor child prior to the 18 ^th birthday. Usually, the appointed guardian ad litem is the natural parent of the child.

Many lawsuits resolve with settlement arrangements. If the personal injury lawyer negotiates a settlement on behalf of the minor child, then the court must approve this settlement before it can be finalized. The injury lawyer will file the minor’s compromise petition with the court to seek a court order approving the settlement.

Restaurants are prone to spills and chaotic conditions, which means they are also prone to hazards that cause people to slip and fall. When you’re hurt in a fall in a restaurant, how do you know if the restaurant is to blame? Personal injury lawyers in Tracy can evaluate your case and let you know where you stand. This information will also help.

To prove that a restaurant is responsible for your slip and fall injury, your personal injury lawyer must demonstrate that the fall occurred because the restaurant was negligent in some way and that you did not do anything to contribute to the fall. For instance, your lawyer must show that there was a spill on the floor that the restaurant was negligent in not cleaning up and that you did not ignore any wet floor signs before slipping in the spill. When your injury lawyer successfully makes this case, then the restaurant may have to pay for your medical costs and compensate you for any pain and suffering that occurred because of your injury.

For legal purposes, negligence refers to a person’s actions or failure to act in accordance with a duty owed to another person. If you intend on having a personal injury lawyer file a claim on your behalf, it is not sufficient to simply state that the defendant acted negligently in some way. There are four elements of negligence for every personal injury claim. A personal injury lawyer building a case in Tracy or Livermore must demonstrate that each element is present.

Duty of Care

This first element is often the easiest to prove. The personal injury lawyer must demonstrate that the defendant owed a duty of care to the plaintiff. In auto accident cases, for example, this means that the defendant owed a duty of care to drive in a reasonably safe manner, such as by obeying traffic signals. In some cases; however, proving that a duty of care existed can become more complicated. For instance, in dog bite cases, a dog’s owner may not owe a duty of care to a trespasser on private property who is bitten by the dog.

Breach of Duty

The second element of a personal injury case involves proving that the defendant somehow breached the duty of care. In an auto accident case, this may be accomplished by using the police report to prove that the defendant ran a red light.

Causation of Injury

Thirdly, the injury lawyer must prove that the breach of duty of care directly led to the plaintiff’s injuries. For instance, if the defendant ran a red light and immediately struck the plaintiff’s car, then it’s usually clear that the plaintiff’s injuries were caused by the defendant’s actions. However, if the defendant ran a red light and did not strike the plaintiff’s car until he or she had traveled several miles, these two actions may not necessarily have a causal relationship.

Causation of Damages

Finally, personal injury lawyers must prove that the plaintiff has incurred losses as a result of the injuries. This is typically accomplished with medical bills. Future damages may also be calculated, such as the loss of future wages if the plaintiff’s injuries prevent him or her from working.