man massaging neck due to whiplash from Ventura car accident

What To Do If You Have Suffered A Neck Injury

By | Neck Injury | No Comments

Because of the amount of soft tissue present, the neck is one of the most commonly injured parts of the body, especially after severe trauma like an auto accident. This can significantly impact mobility and even cause neurological damage if the issue is severe enough. You may, however, be entitled to compensation, especially if your accident was caused by someone else’s negligence or indifference. You may be able to work with your insurance, or the other person’s, to receive appropriate redress for your ordeal, and finding an injury accident law firm in Ventura is a good first step toward that goal.

Medical Steps To Take

Your health must, of course, come first. After an automobile accident, by far the most common injury that occurs is whiplash, which is an injury to the soft tissue caused by the unrestrained “whipping” back and forth of the neck tissue during a crash. Symptoms include headaches (usually at the top of the neck or base of the skull), numbness in one or both arms, pain that ‘travels’ or worsens with neck movement, and blurred vision, among many others possible.

Other common injuries can occur in the neck, such as disc injuries, many of which may not immediately appear in the hours and days following the accident. Seeking medical help should be priority one, and your doctor’s orders should be followed, both for your own health and to show that you took steps to assess your health as soon as possible.

Legal Steps To Take

The important thing to remember with whiplash injuries is that since the condition affects soft tissue, they are very difficult to show with medical test like MRIs or X-rays. You may want to explore alternative statements that may hold up better in court, such as affidavits or expert testimony. This can also be critical when dealing with the insurance company; it is also sadly common for insurance companies to disbelieve your account of your injury, even with corroborating evidence. The more quick settlements, the lower an insurance company’s court costs, so it is in their interest to be aggressive in settlement negotiations. Having an experienced attorney on your side can help to avoid that.

Find A Neck Injury Attorney

If you have a neck injury because of someone else’s negligence, you may be entitled to restitution. Are you asking yourself, “where can I find a neck injury attorney near me“? Personal injury attorney Trevor Quirk at the Quirk Law Firm has years of experience in these cases, and is happy to put his knowledge to work for you. Contact us today to schedule an initial appointment.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

nurse examining spine injury

Top 3 Ways People Injure Their Back

By | Back Injury | No Comments

Back injuries are some of the most common each year in the United States. A study in the New England Journal of Medicine states that up to 31 million Americans suffer back pain at any given time. However, while most of us imagine that this pain is caused by traumatic injury, in reality many of these conditions are caused by mechanical or organic things we do every day. This does not mean that no one is ever culpable; an organic condition may occur as a result of an employer’s poor policy or stem from initial trauma. Either way, it is always a good idea to be on the lookout for potential issues that could one day wind up causing significant problems in your life. If you sustain a back injury due to someone else’s negligence, consulting a back injury lawyer near you can help you decide what path to pursue.

Occupational Back Pain

On the job injuries and conditions are by far the most common culprits in causing back pain. While injuries are common in jobs requiring active movement and lifting, something many do not realize is that highly sedentary jobs can also cause back pain, in the form of repetitive stress injuries and disc problems. Discs have poor blood supply, and do not replenish it without movement. When someone sits at a computer without a break for hours on end, they can cause serious harm to their spine. The risk of herniating or rupturing a disc rises significantly if someone has a job which requires extensive sedentary activity. Employers have a duty to minimize their employees’ risk of repetitive injury, though of course, they cannot all be prevented.

Absentmindedness

There is evidence to suggest that simply not thinking can cause injuries to the back, even in performing movements most people find innocuous. When your mind is on autopilot, your body can move in ways you do not anticipate – for example, you may bend your back in a way you normally know to be suboptimal. For example, the Occupational Health & Safety Administration (OSHA) has published guidelines for ‘safe lifting.’ Normally, a worker may follow these to the letter. But at the end of a shift, their mind may drift. Their attention may wander, and as a result, an ‘unsafe lift’ may happen.

Improper Manipulation

Whether innocent or negligent, sometimes asking for assistance in ‘cracking’ or manipulating a sore back can make matters worse. Whether it is a friend offering to walk on your back, or a chiropractor who negligently fails to perform their job functions, it can be very painful to have someone mishandle your back. It can sometimes be difficult to prove negligence in such occasions, but it can be done.

Seek An Injury Attorney

Injuring one’s back can be very serious, and if it is due to someone else’s negligence, it can be very important to find an injury law firm in Ventura as quickly as possible. Are you asking, “where can I find a back injury attorney near me?” Attorney Trevor Quirk and the Quirk Law Firm can help you through what can be a difficult and confusing process. Contact us today to schedule an initial consultation.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

crumpled motorcycle on Ventura road

The Importance of Riding your Motorcycle with a Helmet On

By | Motorcycle Accidents | No Comments

Motorcycles can be dangerous. Without the protective chassis and greater stability afforded by the four wheels of a car, motorcycle riders need to take extra precautions to protect themselves from being injured in accidents.

Wearing a helmet when you ride your motorcycle is one of the most important ways you can protect yourself from a serious injury. Although there are ways you can reduce your chance of getting into an accident, such as obeying all posted traffic warnings and riding over certain terrain and obstacles with extra care, there is always a chance that you can be involved in an accident with another motorist. A helmet could be the difference between suffering a minor or major injury in this scenario. If you are injured in a motorcycle accident, seek medical attention as soon as possible. Then, contact a law firm that provides personal injury help for injured victims.

Wearing a Helmet is Not Only Smart, It is the Law

In California, all motorcycle riders are required to wear helmets. This law exists to protect riders. Studies have shown that motorcyclists who wear helmets have a 73 percent lower fatality rate in collisions than those who do not. Helmets are also a very effective way for a motorcyclist to reduce his or her chance of suffering a brain injury, such as a concussion. In fact, riders who do not wear helmets are three times more likely than those who do to suffer from brain injuries.

When a motorcycle is in motion, all riders should be wearing a helmet, not just the driver. Other pieces of safety gear that all riders should wear include boots or shoes that completely cover the feet and ankles, long pants and sleeves, and gloves.

Seek Motorcycle Accident Help in Ventura

For legal guidance regarding your rights and options as a personal injury victim, contact attorney Trevor Quirk of Quirk Law Firm, LLP to set up your initial consultation. During this consultation, Mr. Quirk can answer your questions and help you determine the best way to proceed with your claim. Do not wait to make the call – if you are suffering from an injury, seek motorcycle accident help in Ventura with our firm.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

Rear-end car accident

$1,300,000 Verdict For Injured Woman Involved In Car Crash

By | Car Accidents, Trial Attorney | No Comments

Victoria Sandoval, a 57-year-old woman, has recently been awarded $1.3 million in damages to compensate her for lost wages, medical bills, past pain and suffering, and future pain and suffering. Here is her story:

The Accident & Injuries

Ms. Sandoval was injured when she was acting as a passenger in a vehicle that was pulled over and stopped to the side of the road. The vehicle she was in was rear-ended by a drunk driver. Initially thinking that her injuries were not serious, Sandoval returned to her home that night. A few days later, after she had developed pain from the accident, she sought hospital care. There, she was x-rayed, given pain medications, and discharged.

However, the pain did not subside, and so she followed up with a chiropractor for a few months. When pain continued to persist, she sought further medical care and eventually underwent an intensive neck surgery. Since that time, she has made a slow – but positive – recovery.

Liability for Injuries

Victoria Sandoval only speaks Spanish, limiting her abilities to negotiate with an insurance adjuster on her own and potentially limiting her understanding of the insurance claim system. It is no surprise, then, that the drunk driver’s liability insurance policy – which was held in an amount of $25,0000 – refused to pay Sandoval’s claim, asserting that she was not really injured.

The Quirk Law Firm, LLP Builds a Winning Case

Ms. Sandoval sought the services of our team at the Quirk Law Firm, LLP, where our Ventura abogados – or attorneys – helped her to build a winning case. Because the insurance company initially denied her claim, they are now on the hook for the entire amount. Today, Sandoval has been awarded: $200,000 for past medical bills; $50,000 for lost wages; $100,000 for past pain and suffering; and $750,000 for future pain and suffering.

If you need help with injury accidents, our talented attorney, Trevor Quirk, can help you. We are committed to providing injury victims with the legal services they need, and will never charge you upfront or request hourly pay. Your initial consultation with us is always free, so contact us today at (805) 650-7778 to get started! Se habla Espanol.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

Car accident air bag deployed

Choosing The Right Lawyer For Your Camarillo Personal Injury Case

By | CA, Personal Injury | No Comments

When you are injured in a Camarillo accident, you need to take the following steps:

  • Obtain all the information you will need to support your claim;
  • Receive appropriate medical attention; and
  • Work with an experienced injury attorney to file and pursue a personal injury claim.

The first two steps are fairly straightforward: take photos of the accident scene and collect contact information from the other parties involved and any witnesses, then go to your doctor to have your injury diagnosed. But what about the third step? If you have never suffered a personal injury before, you might not know how to choose the right lawyer to handle your claim.

As you interview prospective lawyers, keep the following in mind:

Work with a Lawyer who has Experience with your Case Type

A brilliant car accident lawyer might be terrible at handling a dog bite case. Although there are similarities between various types of personal injury claim, there are nuances involved in each that can be missed by a lawyer who is not well-versed in them. Choose a lawyer who has experience handling your specific type of case, whether you are facing a car accident, a premises liability claim, a defective product claim, a dog bite, or any other type of personal injury claim.

Work with a Lawyer who is Willing to Discuss His or Her Success Record

You want to work with a lawyer who has a record of success. Ask your prospective attorney about his or her previous record. Your lawyer should not only be willing to discuss his or her successes, but his or her losses. This shows that he or she is not trying to hide anything from you, but wants to improve on his or her strategy to avoid making the same mistakes.

Work with a Responsive Lawyer

This is perhaps the most important characteristic to keep in mind when choosing a personal injury lawyer. “Responsive” means a few different things. It means that the lawyer or a representative of his or her office should respond to all of your phone calls or emails in a timely manner. It also means that your lawyer should not shy away from discussing his or her billing method with you and giving you a fair quote for your case.

If you are Promised a Specific Result, Walk Away

Remember, an attorney cannot guarantee your case’s result. All he or she can do is discuss the strategy he or she will use and how that strategy has worked in the past. If you are guaranteed a specific dollar amount or any other result, be wary. A competent lawyer knows not to make any guarantees.

Work with an Experienced Camarillo Personal Injury Law Firm

If you are seeking personal injury help in Camarillo, CA, work with experienced personal injury lawyer Trevor Quirk of Quirk Law Firm, LLP. Our firm proudly serves clients with a variety of case types and can help you seek the money you deserve for your damages. Contact our team of personal injury attorneys today to schedule your free legal consultation with a member of our team.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

Construction worker with injured knee

What to Do If You’re Involved In A Personal Injury Accident In Thousand Oaks, CA

By | Personal Injury, Thousand Oaks | No Comments

Accidents happen because of negligence. Sometimes, they occur because of the victim’s negligence and other times, a victim suffers because of another party’s negligence. If you are injured because of another party’s negligence, such as a car accident caused by a speeding or distracted driver or in a fall that occurred because of a property owner’s failure to repair the broken steps into their home, you could potentially recover compensation for your damages through a personal injury claim. Make this easier for yourself by working with an experienced injury lawyer from a personal injury law firm.

But a lot needs to happen between your accident and your consultation with a lawyer to receive personal injury help in Thousand Oaks, CA. You cannot simply file a personal injury claim and expect to receive a compensation check – you need to build a claim using evidence to prove that you have not only suffered an injury, but that your injury was directly caused by another party’s negligence and because of the injury, you suffered measurable financial damages.

Get All the Necessary Information

Immediately following your accident, call 911 if you or anybody else are in need of immediate medical attention. Once you have made the call or there is no need for an ambulance, call the police to have an officer sent to the scene. The police officer will complete the official police report for your accident. Do not leave the scene without a copy of this report – it will be an important piece of evidence for your personal injury claim later.

Other information you need to obtain includes all other parties’ insurance information, the police officer’s badge number, contact information to any witnesses to the accident, and photographs of the accident scene and your injury. These, too, can serve as important evidence.

Seek Medical Help

After leaving the scene of the accident, seek medical attention in a timely manner. The sooner you do this, the better. This is not only because being proactive about your medical care will result in a better prognosis for your injury, but because showing that you were proactive in your claim can help you prove the severity of your need for compensation.

Work with a Personal Injury Lawyer

Once you have received medical care and begun treatment for your injury, start working with a personal injury lawyer to draft your personal injury claim. Your attorney can help you obtain more evidence to prove your claim’s validity, such as a digital reconstruction of your accident. Give your claim the best chance it can have at a successful resolution by working with an experienced personal injury lawyer.

Seek Personal Injury Help in Thousand Oaks, CA

If you have been injured in any type of accident in Thousand Oaks, California, work with personal injury attorney Trevor Quirk or Alethia S. Gooden of Quirk Law Firm, LLP. Contact our firm today to schedule your free legal consultation with one of the members of our personal injury team.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

man slipping on a wet floor in a Ventura County workplace

What Are The Most Frequent Type Of Work Injuries People Suffer In Ventura?

By | Premises Liability, Work Injuries | No Comments

Sometimes, despite our best efforts, workplace injuries in Ventura do happen. While statistics point to specific trends in injuries, they do tend to occur without warning, in nearly every injury. If you are harmed by an unsafe condition, or by someone else’s negligence, you may be entitled to compensation for your workplace injury.

Injury Statistics

If one looks at the most recent data available from the Bureau of Labor Statistics, a number of conclusions can be drawn. The total number of recordable cases of illness or injury, where a worker either missed days of work or was transferred (to light duty or another job that would not be affected by an injury), decreased in 2014 to approximately 3.2 cases per 100 full-time workers (often written as 3.2/100). The rate has been steadily dropping overall for the last decade, hitting this low point from an all-time high of 4.8/100 in 2004. However, if one looks closer, we can see specific injury trends, both in terms of those affected, and the most common types of injuries sustained.

The Occupational Safety & Health Administration (OSHA) shows that certain standards are violated by employers (or employees) far more often than others, and repeated violation of certain OSHA standards leads to similar types of injury. By far the most common violated OSHA standards, according to recent data, were in the construction injury – lack of fall protection and improperly constructed scaffolds led to significant injury. However, in other industries, there were also notable patterns – namely, failures to warn of potential hazards on the job and lack of emergency preparation.

Patterns and Premises Liability

If one wants to examine specific types of injuries in further detail, the information necessarily becomes somewhat more anecdotal, simply because each person’s injury occurs in a slightly different manner. However, it is possible to notice patterns in injury reports and adjust accordingly, especially if you are a landlord or business owner.

Recent surveys identify musculoskeletal injuries as the type of harm most likely sustained in a workplace accident. More specifically, slip and fall injuries are the type most often seen in a non-vehicle setting, as they can occur in nearly any type of workplace, from a white-collar office to a blue-collar factory floor. While prevalence of such injuries is not probative – that is, it is not an immediate guarantee that compensation will be paid to you – it can help to illustrate a picture of a workplace where safety may not be the first priority. If many people are having accidents at your job, it is not out of the realm of possibility that part of the reason may be a culture of laxity.

While most of the time, employees who are injured on the job are entitled to workers’ compensation, they may also have a case in what is referred to as premises liability, especially if the alleged negligence on the employer’s part is egregious. Repeated incidents where employees sustain the same injury may help point out a breach in the standard of care.

Seek Ventura Law Help From The Quirk Law Firm

If you or a loved one has been in a slip and fall accident, the facts of the case will govern what type of compensation you may be entitled to. However, engaging an experienced premises liability lawyer in Ventura can help tip the balance in your favor. Trevor Quirk of the Quirk Law Firm has been handling these types of cases for many years, and can provide knowledgeable personal injury help for you and your family if you have been injured at your job. Contact our offices today to seek Ventura law help from the Quirk Law Firm.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

Chipotle menu in Ventura

Another Chipotle Mexican Grill Lawsuit Over Norovirus.

By | Food Poisioning | No Comments

Chipotle Mexican Grill in Simi Valley is facing yet another lawsuit in the US District Court for the Central District of California over another case from Burbank resident Keith Zimmerman.

His legal team Trevor M. Quirk Esq. of Quirk Law Firm and Bill Marler, a nationally recognized food safety attorney are representing him. Zimmerman Complaint Filed Copy 02.08.2016

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

injured woman after bike crash in Ventura California

Ventura Homeless Man Injured While On Bike Leaving Work; $85K Verdict Recovered

By | Bicycle Accident, Ventura, CA | No Comments

For a cyclist, riding on the road where cars are parked to the side can be extremely dangerous, and puts the cyclist at risk of becoming a victim of a ‘dooring’ accident. That is exactly what happened to a 62-year-old Santa Barbara homeless man, one Mr. Lopez, on a late Saturday afternoon. Mr. Lopez suffered physical injuries as a result of the accident, and filed suit against the party who opened the door. Recently, a Santa Barbara County jury issued a verdict of $85,000 to Mr. Lopez, who pursued civil action with the help of his Ventura personal injury lawyer.

A Dooring Accident Leading To Injuries

Mr. Lopez was riding his bike along State Street at approximately 5:00 p.m. after finishing his shift at Chick-fil-A. Without warning, the passenger of a parked vehicle—Lisa Wicklman—opened her car door without looking. Mr. Lopez hit the car door while traveling at a speed of approximately 15 to 20 miles per hour, and was immediately taken to the hospital by paramedics.

Mr. Lopez suffered an obvious clavicle fracture at the scene of the accident. Later, he also claimed knee injuries, although these were not originally recorded in his initial hospital visit. Five months after the incident, Lopez underwent arthroscopic knee surgery for a meniscus tear related to the accident; he has since healed fully.

The Plaintiff v. The Defendant

The plaintiff (Lopez) in the case of Lopez v. Wicklman alleged that the defendant in the case (Wicklman) was liable for the plaintiff’s injuries based on the fact that the defendant opened her door without looking, as a result of impatience, and that her actions as such were the direct cause of the plaintiff’s injuries. The defendant, on the other hand, claimed that had the plaintiff been riding at a more reasonable speed, he could have avoided the door. Further, the defendant also claimed that the knee injury suffered by the plaintiff was not related to the door accident.

The plaintiff requested $125,000 in damages; the defendant offered $44,400. While only $44K was offered, $85K was awarded during the verdict.

Attorney Trevor Quirk Can Help You, Too

The attorney for Mr. Lopez was Trevor Quirk of the Quirk Law Firm, LLP. Ventura personal injury lawyer Trevor Quirk is passionate about helping accident victims, regardless of their past history – for example, Mr. Lopez was not only homeless, but also had been charged with three past felony charges. Regardless of who you are, if you have been injured, you deserve justice. And at the Quirk Law Firm, LLP, our attorneys have more than 20 years of continuing legal experience representing victims like you. To learn more about our services, call our skilled Ventura personal injury lawyers today at 805-650-7778.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

deployed airbag in Oxnard car crash

Establishing Liability In Oxnard Personal Injury Cases

By | Oxnard, CA, Personal Injury | No Comments

The realm of personal injury law is vast because so many different types of injuries qualify as personal injuries. When someone acts negligently, and their negligence causes you to suffer an injury, you may have a personal injury claim against those who are responsible.

Types of Personal Injuries In Oxnard

Some of the most common types of personal injury cases include:

  • Motor vehicle accidents of all types;
  • Bicycle accidents;
  • Pedestrian accidents;
  • Premise liability;
  • Slip and fall accidents;
  • Animal bites;
  • Brain injuries;
  • Back, neck, and spinal injuries;
  • Defective products, drugs, and medical devices; and
  • Wrongful death cases.

Who Can Be Held Liable For My Injuries?

Who can be held liable for your injuries is highly specific to the facts of your particular accident that caused your injuries. An experienced personal injury lawyer can help you identify all of the relevant parties who may be liable for your injuries. By way of a few examples:

  • If someone hit you with their vehicle, you would have a personal injury claim against the party that hit you and most likely his or her auto insurance provider.
  • Tacking on to the previous example, if the driver that hit you has no insurance, and you hold an uninsured motorist coverage policy on your own auto insurance, you can file an uninsured motorist accident claim for your damages with your own auto insurance provider.
  • If you were hit by someone driving a commercial (i.e., work) vehicle, while they were on the clock, the driver and his or her employer may be liable for your injuries through vicarious liability.
  • If you slip and fall while on the business premise of a store or shop, the person who owns, possesses, or controls the premises may be liable to you. This could be, for example, a franchise owner (possesses the establishment) or the franchise (owns the premises).
  • If you are bitten by a dog that belongs to someone else, but is being walked by a dog walker, you may have a personal injury cause of action against both the dog walker (via negligence) and the dog’s owner (via strict liability under CA Civil Code 3342).

When multiple parties can be held liable for the injuries of a victim, it is important that a personal injury lawyer review the facts of the case and make a liability determination based on the principles of comparative negligence. A victim cannot obtain the total amount of recovery sought from each of the defendants. If this were possible, the victim could end up with twice, thrice, or more times the amount of compensation the victim needs, and all of the defendants would unfairly have to pay damages for more than their fair share of the accident.

Rather, liability is divvied up between the multiple parties that can be held liable for the injuries of a victim. A portion of the fault can even be placed on the shoulders of the victim, and the victim is still able to seek compensation from the liable parties, minus for the victim’s share of the liability.

Contact A Personal Injury Attorney In Oxnard

If you have suffered a personal injury due to the fault of another, the Oxnard personal injury attorneys of the Quirk Law Firm, LLP can help. Contact Attorney Trevor Quirk for assistance with your personal injury case. Call us today at (805) 650-7778.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778