2012 February Archive

Being injured in an auto accident creates many challenges for the victim, most notably, the challenge of getting the compensation they are entitled to from the insurance company so that they can get the treatment and care they need. It is a well known fact that auto insurance companies regularly deny claims, in full or in part, to avoid paying out on the entire policy amount, leaving accident victims with mounting medical bills and no way to pay them, especially if their injuries prevent them from working. Many injured parties are not aware of such insurance company practices, opening them up to being taken advantage of.

Paul D. Van Der Walde, of the San Jose personal injury law firm Van Der Walde & Associates, is an experienced attorney in personal injury law as well as insurance law and was asked to give a lecture on the very subject of auto insurance claim issues at an event sponsored by the American National Insurance Company.

At the recent lecture, Mr. Van Der Walde covered a variety of topics including insurance limits, personal liability for at-fault parties even with insurance, the difference between negligence and recklessness, and new developments in insurance law that affect the payment of medical bills. Some of the key points covered within these topics included:

• Why only purchasing the minimum required insurance coverage amounts is not a good idea;
• What happens to minors and/or their families when they cause a serious accident; and
• How uninsured/underinsured motorist coverage works.

Understanding how the auto insurance system works is the first step in ensuring that you get the compensation you deserve, but, unfortunately, insurance disputes still occur. If you have been injured in a Northern California car accident, the experienced auto accident lawyers in San Jose at Van Der Walde & Associates have the skills and resources to make sure you receive the compensation you are entitled to, from the insurance company as well as the at-fault party. To speak to one of our attorneys about your case, call us today for a free consultation at (877) 862-6288.

There are many types of injuries that a person may endure and recover from with often very little help; however, burn injuries often pose a much greater challenge and a need for professional medical care. But if the human body is able to withstand and recover from many types of injuries and illnesses, what makes burns so difficult to recover from?

Burns range in severity; the more severe a burn and the larger the burn, the harder it will be to heal and recover from. Severe burns can result in many complications which can affect the health of a victim and may even become fatal injuries. Burn injury complications include: infection, shock, electrolyte imbalance, respiratory distress, and organ dysfunction. Burns not only cause severe pain, but can disrupt a person’s immune system and result in the death of tissue on a person’s body. Due to the effect of burns, immune cells are often unable to reach affected tissue and infection can easily occur, causing further complications for a victim.

Burns range in severity and are classified as the following:

• First Degree Burn – Affects the epidermis and is painful to the touch, but will heal within a week and have no complications.
• Second Degree Burn – Can either extend to the superficial dermis and take two to three weeks to heal with possible local infection, or extend to the deep dermis and take many weeks to heal with possible scarring, contracture, and the need for skin grafting or removal.
• Third Degree Burn – Extends through the entire dermis, killing all sensation of pain and featuring a dry and leathery look. This type of injury requires tissue removal or possible amputation.
• Fourth Degree Burn – Extends into the muscle and bone and can significantly impair function of the affected area. Requires removal or amputation, and may lead to death.

While most burn injuries do not result in the worst of these degrees, any injury can result in serious complications for a victim, heavy medical costs for treatment, and long-term recovery. As such, anyone injured as a result of another party’s negligence has the right to seek compensation for losses. A San Jose burn injury lawyer at Van Der Walde & Associates can aid you in your search for compensation for your losses and justice. For more information, call our offices at (877) 862-6288.

According to a new study by the Governors Highway Safety Association (GHSA), the first half of 2011 saw an increase in the number of deaths for 16- and 17-year-old drivers in the United States. While data has not been released for the second half of 2011, it was found that 211 teen drivers died from fatal auto accidents during the first six months, an increase from the 190 that died in the first half of 2010.

If the increase is found to have continued in the second half of the year, it would mean that for the first time in eight years the United States would see an increase in teen driver fatalities. According to researchers involved in the study, the increase in deaths may be connected to the upturn in the U.S.’s overall economy, giving more teens a chance to get behind the wheel since they and their families can afford it. Additionally, it may be that the positive effects of graduated driver licensing laws in states across the country have leveled off as they have been in effect for several years now. States with the largest increase in teen driver deaths were Florida, Illinois, Missouri, and North Carolina.

Distracted driving may be a major factor in these crashes, as well. Cell phone and smart phone use has continued to increase and be a growing cause of crashes in states across the country. While cell phone-related auto accidents have been seen in all ages of drivers, teen drivers have been largely affected by this form of distraction.

Unfortunately, thousands of people each year are injured or killed in motor vehicle accidents across the country, often due to the negligent or reckless actions of another driver. If you have lost a loved one due to another party’s negligence, the Santa Cruz wrongful death lawyers at Van Der Walde & Associates can help you find compensation for you and your family’s losses. For more information on how we can aid you, call us at (877) 862-6288.

Slip-and-fall accidents are one of life’s frequent occurrences that often seem funny when affecting other people, but can actually result in a catastrophic injury that may be difficult to recover from. However, these accidents can be easily prevented or drastically reduced by taking a few simple precautions.

No matter what season or location in California, any home is at risk for slip-and-fall and trip-and-fall accidents due to a variety of reasons. However, these incidents always have a few things in common; mainly, a loss of footing or a stumble due to slippery or broken floors. To prevent such accidents from affecting your family or any visitors to your home, follow these steps:

• Immediately clean up any spills;
• Clearly mark any wet areas;
• Install non-slippery flooring, especially in areas where liquids are often present;
• Keep walkways free of clutter and obstacles;
• Secure mats, carpets, rugs, etc. to keep them laying flat;
• Keep walkways and trafficked areas well lit; and
• Keep cabinets and various drawers closed when not using them.

Remember, slip-and-fall and trip-and-fall accidents are caused when a person loses his or her footing, so be aware of the highly dangerous combination of a slick floor and liquid, as this will surely cause someone to slip if stepped on, or an obstacle in a poorly lit area, as someone may not notice it until it is too late.

It is important to always be mindful of the safety of others and to keep others out of harm’s way whenever possible; unfortunately, many do not practice such behavior. If you or a loved one has suffered a fall injury due to another’s negligence, Van Der Walde & Associates’ San Jose slip-and-fall injury lawyers can aid you in seeking compensation for your losses from those responsible. For more information, contact us today at (408) 474-0005.

More than 1,700,000 Tassimo Single-Cup Brewers have been recalled in total, with approximately 835,000 in the U.S. alone, due to a burn injury risk. The recall was issued in collaboration with the U.S. Consumer Product Safety Commission (CPSC) after 140 reported incidents of the brewers spewing hot liquid and 37 reports of second-degree burns.

The coffee makers operate by using discs, called T-Discs, filled with coffee grounds or tea leaves and brews them with hot liquid in order to make one cup of coffee or tea per disc. Unfortunately, the disc can burst and spray hot liquid, coffee grounds, and tea leaves onto anyone nearby. The spray can be so hot that injuries may require medical attention. Reported burn injury accidents have included second-degree burns on victims’ hands, necks, and faces.

The recalled brewers have “Bosch” and “Tassimo” or “Tassimo Professional” printed on the front of the brewers. Affected brewers have model numbers beginning with TAS100, TAS200, TAS451, TAS46, TAS651, and TAS6512CUL, and were sold from June 2008 through February 2012 in stores across the U.S. Consumers are advised to immediately stop using the brewers and contact Tassimo in order to receive a free replacement disc holder for the brewer.

Consumers trust that companies will produce safe and reliable products, and when they don’t, accidents that result from defective products often cause devastating injuries. If you or a loved one has been injured by a defective product, the Northern California product liability attorneys at Van Der Walde & Associates can help you win proper compensation for your losses from the companies responsible. Call us today at (877) 862–6288 for a consultation on your case by our experienced law team.

A new study released by medical journal Pediatrics has determined that child abuse has a greater occurrence of causing injuries in the United States than many other incidents, with almost 4,600 children sent to the hospital due to injuries caused by abuse in 2006. Specifically, the study revealed that child abuse causes a higher rate of injuries in infants than Sudden Infant Death Syndrome (SIDS), as reported by MSNBC.com.

According to the study, injuries resulting from child abuse have an especially high rate of occurrence for those under the age of one, with an average of 58 cases per 100,000 babies hospitalized as a result. Babies are much more vulnerable than adults or even older children and can be injured easily, as is often the case with shaken brain syndrome. This occurs when a caretaker violently shakes the child, often to get him or her to stop crying, and it often results in serious or fatal injuries from brain trauma.

For all children younger than 18-years-old, an average of six out of 100,000 were hospitalized due to abuse. These injuries included brain trauma, wounds, burns, and broken bones. On average, injured child-abuse victims spent one week in the hospital and 300 died in 2006.

Any injuries caused for a child, whether intentional or accidental, can be especially traumatizing for both the victim and his or her parents. If you or your child has suffered an injury due to another party’s actions, the San Mateo personal injury lawyers at Van Der Walde & Associates have the skills built from years of experience to successfully find compensation for your losses from those responsible. For a free consultation, call us today at (650) 273-4201.

The Sports Legacy Institute (SLI), a Boston-based sports advocacy group seeking injury prevention and education for athletes of all ages, announced on February 3 that it is calling for a hit count to be put in place for children playing contact sports. According to The Huffington Post, this hit count would keep track of how many times each player comes in hard contact with another and set a limit on how many times they can take a hit before having to stop.

The goal of the SLI’s hit count would specifically focus on preventing head injuries, such as concussions, in order to prevent serious brain trauma which is especially dangerous at a young age when a child’s brain functions are still developing. While football would be the most obvious of sports to be targeted by the hit count, the organization says that soccer, ice hockey, and rugby would also be subjected. Although even one hard hit is enough to cause a traumatic brain injury, athletes often absorb multiple blows per game.

According to research, a high school football player takes an average of 1,000 hits per season, and others are exposed to as many as 2,500. Under the rules of a hit count, players would have currently undetermined limits on hits per day, week, season, and year, with mandatory rest required after any exposure to brain trauma.

Any form of traumatic brain injury can have lasting repercussions far beyond the immediate symptoms felt by a victim, resulting in permanent brain damage and various losses of cognitive function. When such an injury is due to the negligence or reckless actions of another party, those affected can seek financial compensation for their losses. The Northern California traumatic brain injury lawyers at Van Der Walde & Associates can help you find fair and full compensation for yourself or any loved one who has suffered such a devastating injury. For more information on how we can aid you in your case, call our offices today at (877) 862-6288.

Car accidents can leave a victim with devastating injuries and many forms of losses that ensue. Thankfully, most auto accidents feature the at-fault party or parties staying at the scene and helping to resolve the crash, aiding the victim if he or she is in need, and settling the matter through insurance claims. Unfortunately, there are also many drivers who choose to flee the scene of an accident out of fear and a lack of care for their victims. When this occurs, finding compensation for one’s injuries can be incredibly difficult.

When the hit-and-run driver leaves the scene and is never found, victims must find another way to be compensated for their injuries in order to recover and not suffer from large medical bills caused by another’s actions. Thankfully, there are still avenues for victims of Northern California hit-and-run accidents to find compensation and aid. If the victim of such an accident has insurance coverage for uninsured motorist accidents, this can be used for compensation for the injuries and losses one has sustained. As with all accidents, higher insurance coverage results in higher possible compensation payments.

However, a victim must prove that the accident was the result of a hit-and-run driver. Evidence that should be presented includes police reports, witness testimonies, any video footage of the accident that may have been recorded by nearby cameras, and photos of the scene. Additionally, victims must prove that the injuries and losses they are claiming are true, which can be proven by medical records, appraisals of the vehicle’s damage, and any other professional documentation of the toll of the crash.

Gathering such evidence can be done by a victim, but is often quite difficult without some form of legal aid. The San Jose hit-and-run injury attorneys at Van Der Walde & Associates can aid you and any loved ones who have been injured in a crash find full and necessary compensation for the losses suffered. For more information, contact our dedicated legal team at (408) 474-0005.