Category Archives: General

Can I Sue Someone for Exposing Me to COVID-19?

According to the Centers for Disease Control and Prevention, hundreds of thousands of people in the United States have now lost their lives a result of the COVID-19. There are certain circumstances under which a person may have the legal right to file a claim against another person or entity for exposure to COVID-19. Learn more about your legal rights below.

Basis of Personal Injury Claims

A claim regarding exposure to COVID-19 would fall under personal injury law. In order to have a strong personal injury claim, you would need to prove the following elements:

  • The person or entity had a legal duty and responsibility to you to protect you from COVID-19 exposure.
  • The person breached their legal duty regarding protecting you from COVID-19 exposure
  • You suffered actual exposure to COVID-19.
  • The exposure to COVID-19 resulted in either actually contracting the COVID-19 virus. and/or suffering any other types of economic or non-economic damages.

Legal Duty

In most cases, one human being does not have a legal duty to another human being regarding exposure to viruses. However, there have been cases regarding HIV, where someone knowingly and purposefully infected another person, resulting in a lawsuit. Given the fact that the laws in several areas now require people to wear masks and remain socially distant, an argument can be made that the failure to do so breaches a person’s legal duty and the requirement to ensure the safety of others with respect to COVID-19. Additionally, if an employer failed to provide proper safety equipment, you may have a legal right to bring a claim against your employer for your exposure and development of COVID-19.

Causation

While an argument can be made that a person has a legal duty to wear a mask and social distance themselves from others (or quarantine if they have been exposed to the COVID-19 virus), the victim must prove that they received the exposure from this exact person. The evidence to do that may prove legally complex, as it is challenging to directly determine which person gave another person the COVID-19 virus conclusively. You may have the ability to prove causation if an employer failed to send home people who are sick, failed to provide protective equipment, or large gatherings were not appropriately canceled.

Damages

Exposure to COVID-19 is simply not enough to file a claim in a court of law. A victim must have suffered actual physical, psychological, or financial harm because of COVID-19 exposure.

Contact an Experienced Personal Injury Attorney Today

To date, nearly 800 cases involving COVID-19 exposure have occurred and many of these claims are directly related to exposure issues and negligence of different parties. If you contracted COVID-19 as the result of someone else’s negligence, consider visiting with an experienced personal injury attorney today at The Law Office of Daniel H. Rose at 415-946-8900 or online who can work with you to help you understand your legal rights.

When Is a Personal Injury Considered Catastrophic?

In the best circumstances, a car accident victim will only have minor injuries that resolve quickly and require minimal medical intervention. If you are a victim of a minor fender-bender, you likely will not need weeks, months, or even years of medical treatment. However, in many car accidents, trauma victims suffer severe injuries requiring emergency medical care, hospitalization, surgeries, extended hospital stays, continued medical treatments and therapies, and ongoing medical prescriptions. In some cases, victims suffer permanent or life-altering injuries. Victims receive compensation comparable to their severity level. Learn when a personal injury is considered catastrophic and how you can receive compensation for your injuries and losses.

Catastrophic Injuries

In most cases, catastrophic injuries are considered those that require extensive medical attention and treatment following a car accident. A victim has the legal right to pursue compensation for any injuries that they receive as a result of someone else’s negligence, however the more severe the accident, the greater the chance the injuries will also be severe. Victims are allowed to receive additional compensation for their injuries, damages, and losses if their injuries are considered catastrophic. Some examples of catastrophic injuries resulting from an accident include the following:

  • Permanent or long-term disabilities
  • Any permanent or long-term bodily impairment or loss of functionality
  • Any major body system suffering permanent damage
  • Incapacitation in any way
  • Severe pain and suffering
  • Diagnosis of a terminal medical condition or death of the victim
  • Severe traumatic brain injuries, or serious injuries to the head, neck or spinal cord
  • The victim remains unable to return to any kind of employment
  • Amputations
  • Paralysis
  • Vision loss or hearing loss
  • Multiple fractures or broken bones
  • Severe damage to the central nervous system or severe nerve damage
  • Neurological conditions or disorders
  • Severe burns that result in pain and suffering, disfigurement or scarring

Catastrophic Injuries and Insurance Companies

If you were a victim of a serious accident and suffered catastrophic injuries, you may have astronomical bills associated with your injury that may include ambulance bills, doctors’ visits, surgeries, hospitalizations, prescription medications, continued physical therapy treatments, diagnostic testing, and a need for mental therapy as well. Many victims of severe accidents suffer from post-traumatic stress disorder, as they endured a traumatic event that resulted in catastrophic injuries. A victim has a legal right to receive compensation for their lost wages as a result of remaining unable to return to work due to their injuries. Additionally, victims of serious accidents that result in catastrophic injuries typically suffer severe pain and suffering which can increase the total amount of compensation received in settlement packages from insurance companies. Visiting with an experienced attorney can help ensure that the calculations for pain and suffering are fair and just for a victim with catastrophic injuries.

Contact an Experienced Personal Injury Attorney Today

You have the legal right to receive compensation for injuries, lost wages, property damage, and pain and suffering resulting from a serious accident resulting from someone else’s negligence. If you suffered catastrophic personal injuries as a result of an accident, learn how an experienced personal injury attorney can help you develop a strong case. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help you understand your legal rights. Call for a free consultation today at 415-946-8900 or visit us online.

Medical Errors That Cause Cerebral Palsy

Cerebral palsy is a condition that occurs to the damage of an infant’s brain either before, during or immediately following birth. Studies show that birth asphyxia and hypoxic-ischemic encephalopathy (HIE) are the most prevalent risk factors for cerebral palsy, with over 63% of infants being diagnosed with one of these conditions that ultimately resulted in cerebral palsy.

The brain damage that results in cerebral palsy is typically permanent, causing a child to have challenges throughout their life with muscle control, posture, muscle tone, reflexes, coordination, posture, and balance.

Those with cerebral palsy also have challenges with fine and gross motor skills and oftentimes will need assistance throughout their lives. The severity of cerebral palsy is different for every child, however, in many cases, cerebral palsy is a direct result of medical negligence on the part of the doctor, nurse, or another medical professional during the birthing process.

Medical Errors Related to Cerebral Palsy

In many cases, the infant does not have enough oxygen to the brain, which results in permanent neurological damage. Unfortunately, there are thousands of cases of cerebral palsy that occur every year in the United States. There are ways that medical professionals can prevent this type of neurological damage that oftentimes results in cerebral palsy by taking appropriate steps that are established by protocols within the medical community. Negligence of a doctor or another medical professional can include the following:

  • Failing to discover, diagnose correctly, or appropriately treat an infection in the mother or infant
  • Failing to attach a fetal heart rate monitor to the mother, or failing to carefully observe the monitor for significant changes which would indicate a medical emergency
  • Failing to perform a cesarean section when it would be considered medically necessary
  • Failing to discover, diagnose correctly, or appropriately handle a prolapsed umbilical cord
  • Failing to use medical tools in the birthing process appropriately, such as vacuum extractors or forceps

Foundation for a Medical Malpractice Case

If you gave birth to a child that was later diagnosed with cerebral palsy, you may want to seriously consider whether or not medical negligence was involved in the development of your child’s condition. In many cases, medical errors either before, during, or immediately after the birth of a child can lead to brain injury resulting in cerebral palsy.

If your baby was born prematurely, the medical staff had an additional responsibility to ensure that appropriate measures were taken to ensure their health and to prevent brain damage. You may be able to file a claim against the attending physician, nurse, anesthesiologist, or other medical professionals. Additionally, if you had your baby in a hospital, you may have the legal right to hold the hospital directly responsible for the brain injuries suffered by your child.

Contact an Experienced Medical Malpractice Attorney

Conducting an independent investigation can be a complex legal undertaking and visiting with an experienced medical malpractice attorney can help you understand how you may have the legal right to pursue justice on behalf of your child.

If your child was diagnosed with cerebral palsy, contact the experienced attorneys at The Law Office of Daniel H. Rose at (415) 946-8900 or online today.

Medical Errors are the Third Leading Cause of Death in the U.S.

Medical errors are now considered the third leading cause of death in the U.S. When a medical error occurs, typically it is the result of some form of medical malpractice by a doctor, nurse, or another health professional acting in a negligent way that led to the death of the patient. The following are some of the most common types of medical errors by medical professionals that result in death.

Misdiagnosis

The misdiagnosis of patients is one of the most common reasons for death due to medical error. When a patient receives a misdiagnosis, this inherently leads to incorrect medications being prescribed, incorrect therapies or surgeries, or the absence of the correct medical treatments. Delays in providing the correct diagnoses for patients directly result in the loss of valuable time to treat what may be a life-threatening condition. In order to prove that misdiagnosis caused a patient’s death, the victim’s family in a wrongful death suit must prove that another doctor or medical professional acting in a reasonable manner according to established medical standards, would have been able to correctly diagnose the patient, thus preventing their death.

Birth Injuries and Deaths

Unfortunately, many mothers and newborns die every year due to medical errors in the birth and delivery process. Even if death does not occur, birth injuries to children can be devastating and include brain damage, broken bones, nerve damage, Erb’s Palsy, Cerebral Palsy, Klumpke’s Palsy and seizure disorders. While babies are born every day, if a doctor or medical professional fails to act in a prudent manner under established medical standards during a delivery, death to the mother or child may result.

Prescription Medication Errors

Medication-related errors affect more than one million people in the U.S. each year. These errors can be the result of the doctor incorrectly prescribing a medication, or simply prescribing the wrong medication altogether. They can also occur when the hospital staff incorrectly administers the medication prescribed by a doctor or attending physician. As previously mentioned, in cases of misdiagnosis, prescription medication errors are common, as doctors prescribe medication for a condition that the patient does not have. If an incorrect medication is prescribed, or an incorrect dosage is given of a correct medication, a patient can suffer irreparable harm, including severe injuries or death.

Surgical Errors

Surgery is an inherently risky procedure, which is why medical professionals should take additional care and caution during surgery to ensure that medical errors do not occur. Unfortunately, medical errors in surgeries are common in the U.S., and they account for one-third of all medical malpractice claims. In these cases, the doctors, nurses, hospital staff, and hospitals themselves can all be held responsible and liable for a patient’s death.

Contact an Experienced Medical Malpractice Attorney

If your loved one died due to a medical error, you may have a case for wrongful death. While you may not want to consider filing a lawsuit, you are likely facing astronomical medical bills, funeral costs, and other unexpected expenses. Contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that you understand your legal rights. Contact our experienced attorneys at 415-946-8900 or online today.

Posted in General
February 22nd, 2020 by Daniel Rose

Myths About Driving Near Trucks

Many people feel unsafe driving around trucks due to common myths surrounding large trucks and truck drivers. However, dispelling some myths regarding driving near trucks may help you prevent being involved in a truck accident.

Myth #1 – Trucks Are Less Likely to Cause an Accident

Just because truck drivers must undergo additional testing for licenses does not necessarily mean they are safer drivers. The training to receive a commercial driver’s license is not as complicated as some would think. Additionally, truck drivers have similar challenges as other drivers such as distracted driving, driving while fatigued, failing to obey traffic laws or signs, and unfortunately driving under the influence of alcohol or drugs. In fact, due to the fatigue that most truck drivers face, truck drivers are oftentimes more likely to cause accidents on the roadways.

Myth #2 – Truck Drivers Are Used to Driving Without Sleep

Statistics show that any person, truck drivers included, who stay awake for more than 18 hours have delayed reflexes and judgment equivalent to driving under the influence of drugs or alcohol. Truck drivers are required to follow very specific schedules that allow for rest breaks and sleep; however, many truck drivers fail to follow these regulations. Due to the pressure to make deliveries, and the fact that they are paid by the number of miles that they drive, many truck drivers do not follow these requirements and drive drowsy –  putting their lives and the lives of others in danger on the roadways.

Myth #3 – Large Truck Mirrors Make Accidents Less Likely

Oftentimes, people believe that the large truck mirrors increase a truck driver’s visibility which leads to fewer accidents. However, due to the size of a large truck, these mirrors still encompass huge blind spots where a truck driver can simply not see other cars on the roadways. The best rule to follow is if you cannot see the truck driver in one of his or her mirrors, the truck driver cannot see you either.

Myth #4 – Trucking Companies Cannot Be Held Liable

Some people believe that trucking companies cannot be held responsible or liable for accidents that are caused by their truck drivers. There are several ways that trucking companies can be liable for accidents involving their drivers, including negligence in hiring, inadequate truck maintenance, or failure to comply with trucking regulations.

Contact a Trucking Accident Attorney

If you or a loved one were in a car accident with a large truck, you may have the right to receive compensation for your medical bills, lost wages, and pain and suffering. Determining fault in a truck accident case is often fact-intensive and may require the opinion of an accident reconstruction expert. Even simple cases often involve extensive physical and financial damages. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help you build your personal injury case. Call for a free consultation today at 415-946-8900 or visit us online.

Posted in General
December 10th, 2019 by Daniel Rose

How Your Fitbit Could Be Used in Your Personal Injury Case

In our age of digital technology, almost all of our movements (both online and offline) can be tracked through some sort of computerized device. Technology has become so advanced that we can now wear a fitness computer on our wrists. This wearable device, Fitbit, tracks physical activity, caloric intake, daily steps, heart rate, sleep, and even weight. Documentation of physical location, activity, and health can become important evidence in your personal injury case, to show how your quality of life has been affected since the time of your personal injury due to the negligence of another.

Fitbit

A Fitbit is a wearable device that can attach to your wrist or belt. Other companies have similar products, such as the Apple iWatch, Garmin watches, and Nike trackers, along with many others. While most Fitbit owners utilize them to track their fitness levels and overall health, they can become a “black box” for the activity and even the physical location of the wearer.

Evidence in a Personal Injury Claim

A Fitbit stores a warehouse of information regarding the user. Several years ago, the first case was made to introduce fitness tracker data into evidence. Since that time, fitness tracker data has been introduced into evidence to either support or negate the stories told in the courtroom. For example, a fitness tracker device was used to prove the following:

  • That a victim was not physically at the location of the assault she claimed took place
  • The activity levels of a victim did not decrease as he suggested they did due to a personal injury claim

When an injury is not visible, it is possible to show how you have been impacted physically by the negligence of another through the data located on your Fitbit or other fitness tracker device. Oftentimes, a medical expert will be called to testify in your personal injury case. However, a fitness tracker can show how your personal injury has affected you on a daily basis and impacted the quality of your life.

It is important to note that the data discovered can also be potentially discovered by the other side to determine that your injuries are not as severe as you claim or that you were not in the physical location you testified about in a court of law. Contacting a personal injury lawyer will help you understand your rights, and how a physical tracking device could be used for or against you in your personal injury case.

Contact a Personal Injury Lawyer Today

Your Fitbit or other fitness tracker data technology could prove useful in your personal injury case.  If you have suffered a physical injury due to someone else’s negligence, find out if your Fitbit or fitness tracker can help or possibly hurt your claim. In California, call on the Law Office of Daniel H. Rose for compassionate advocacy and knowledgeable guidance. Request your complimentary consultation today by contacting our firm at 415-946-8900.

Posted in General
September 6th, 2019 by Daniel Rose

Cyclist Michael Hatch Mourned as Latest Bicycle v Shuttle Bus Collision Victim

It is clear from my representation of bicyclists who are victims of collisions with commuter related shuttle buses that shuttle bus drivers are grossly inadequately trained with respect to bicyclists on the road. This latest fatality in Santa Clara involving a 49-year-old cyclist in a bike lane with a green light is an example of driver gross negligence and simply should not have happened.

We are Presenting Sponsor of Bike East Bay’s Biketopia 2018 Member Party and Fundraiser

As we do every year, we are proud to once again be the Presenting Sponsor of Bike East Bay’s Biketopia 2018, taking place on Thursday, November 8, 2018 6:30 – 10:00 p.m. The event, which is always a lot of fun, is at a new location right next to the Ashby BART Station at Ed Roberts Campus, 3075 Adeline Street, Berkeley. Hope to see you there.

Left-turning vehicles major source of death and injury to motorcyclists as in recent fatal San Jose motorcyclist death at McKee Road

Left-turning vehicles are a major cause of motorcycle accidents, as was the case on a fatal July 14, 2018 daytime collision between a motorcyclist and a Honda CRV at McKee Road and Challenger Avenue in East San Jose.  In my experience as a motorcycle accident lawyer, automobiles way too often negligently fail to notice or yield to oncoming motorcyclists.