Wrongful Death

The Centers for Disease Control (CDC) maintains statistics related to deaths caused by injury and disease in the United States and release annual reports on the subject. One of the reports produced every year is “The 10 Leading Causes of Injury Deaths by Age Group Highlighting Unintentional Injury Deaths.” The most recent report, covering 2008, shows that children under the age of 10 are at risk of a number of unintentional accidents.

Unintentional Suffocation

Unintentional suffocation is the leading cause of death for infants and the fifth highest leading cause of injury death for children ages 1 to 4 and 5 to 9. Plastic bags, pillows, and blankets are just a few of the regular household items that can cause suffocation and should be kept away from children to prevent tragic accidents.

Motor Vehicle Accidents

Motor vehicle accidents are the third leading cause of death for infants, second for children ages 1 to 4, and first for children ages 5 to 9. Restraining your children properly can help protect them from the effects of accidents and obeying all traffic laws can help prevent accidents.

Drowning

Unintentional drowning is responsible for many tragic deaths each year and is the number one cause of unintentional death in the 1 to 4 age group. It is also the sixth leading cause of death for infants and second for kids ages 5 to 9. Always supervise children when they are swimming and make sure someone at the pool is trained in CPR and first aid.

Parents can take all the right precautions, but if a daycare worker or other caregiver does not supervise a child closely, one of these tragic accidents could happen. If your child suffered a serious or fatal injury as the result of someone else’s negligence, contact the Northern California wrongful death attorneys at Van Der Walde & Associates. We have extensive experience representing those whose lives have been harmed by the actions of others. Call us at (877) 862-6288 to schedule a free and confidential review of your case.

It’s every patient’s worst nightmare – receiving the wrong dose of medication and suffering an adverse event. That’s exactly what happened at an Oakland medical facility when nurses staged a lockout and were replaced with nurses from other facilities. A replacement nurse gave a cancer patient a “non-prescribed dosage” of medication, which led to the patient’s death. The locked out union nurses allege that the error could have been prevented if they were allowed to return to work earlier. The union nurses were only on strike for one day, but the facility had to guarantee the contract replacement nurses five days of work.

Dr. Melissa Conrad Stoppler says that 1.3 million people are injured as the result of medication errors each year in the United States. A medication error refers to any preventable event that may cause a patient harm or any inappropriate medication use when the medication is under the control of healthcare professionals or patients.

One of the most common medication errors is administering the incorrect dosage of a drug. Other errors include giving the wrong drug and incorrectly administering a drug. Elderly people are especially vulnerable to these errors because many of them take several prescription medications.

You can help prevent medication errors by asking questions whenever someone gives you a drug during a hospital stay. Ask what the drug is, what the drug is used for and what the correct dosage is for that particular drug. If you do not understand any of this information, ask for clarification. If you expect to have major surgery and know you may not be able to stay alert, ask a friend or family member to ask these questions for you.

Even when patients take control of their care and question the administration of medications, drug errors can still occur. If your loved one has died because of incorrectly administered drugs, contact the Northern California wrongful death attorneys at Van Der Walde & Associates, we have extensive experience handling wrongful death cases successfully. To discuss your case with us at no charge, call (877) 862-6288 to schedule a consultation.

The Associated Press reports that a big rig driver convicted of involuntary manslaughter was sentenced to seven years, four months in California state prison. The driver was convicted based on evidence that he ignored a warning from an off-duty firefighter who told him his route was too dangerous for a big rig. Instead of taking the freeway, he took a winding road through the desert, where his brakes started to smoke during his descent down the steep roadway. Instead of allowing his brakes to cool, he poured water on them and continued to drive.

In addition to the driver’s dangerous actions, the post-crash inspection revealed that the truck was not maintained properly. Five of the brakes were adjusted improperly or not working at all. The other five brakes showed signs of wear on the pads. The resulting California truck accident killed a man and his 12-year-old daughter. The judge made his ruling after listening to victim impact statements given by friends and relatives of the deceased.

When truck drivers ignore warnings and do not maintain their vehicles properly, it puts everyone on the road in danger. If you have lost a loved one due to the negligence of a truck driver, contact the San Jose wrongful death attorneys at Van Der Walde & Associates. We are dedicated to providing the legal and emotional support our clients need during such a difficult time. Call us today at (877) 862-6288 to discuss your case at no cost.

A recent car accident in San Jose on Interstate 880 left one person dead and another injured, according to a recent article in the San Jose Mercury-News. The accident, which occurred shortly before 6 a.m., involved a car that was traveling north on the southbound side of the freeway.

The car, a grey sedan, may not have had its headlights on, which would have made it difficult to see in the early morning light as it traveled the wrong way up the freeway. Before long, it crashed into another car, which was traveling the same direction as the rest of the traffic on that side of I-880. The crash killed the driver of the second car, a 21-year-old woman.

The driver of the car traveling the wrong way suffered major injuries and was taken to Valley Medical Center. California Highway Patrol officers are still investigating the crash, and they are not releasing the injured driver’s name, since they believe he may be charged with drunk driving following the accident. Meanwhile, police are still trying to trace his path back to where he entered the freeway.

If someone you love has lost his or her life in a California car accident, please don’t hesitate to contact the experienced San Jose wrongful death attorneys at Van Der Walde & Associates. We can help you figure out what happened and hold any negligent parties responsible for their actions. To learn more, call Van Der Walde & Associates today at 877-862-6228 for a free and confidential case evaluation.

Last year, a 2-year-old boy was killed in when a 10 ton root-rotted maple tree fell onto the cab of the family’s pickup truck in downtown San Jose. Now, according to MercuryNews.com, the boy’s parents have filed a San Jose wrongful death claim against the city, as well as the owners of the property next to the tree.

On January 22, 2010, the family had pulled up in front of a relative’s home in downtown San Jose to pick up their 13-year-old son when a mature 50-foot maple tree with root rot crashed onto the pickup truck, trapping both parents and their 2-year-old boy inside. It took over one hour to free all three victims. The parents suffered broken bones and a neck injury but the boy could not be revived and died at Santa Clara Valley Medical Center.

The city of San Jose had been in charge of the upkeep and general monitoring of its large trees until its funding issues prompted them to move that responsibility onto San Jose homeowners. This however is being considered as part of the city’s negligence as a typical resident would never be able to identify root rot when it is not visible above ground. The lawsuit claims that the city should have known of the threat and dealt with the decaying tree to protect San Jose residents, and also that the owners of the property adjacent to the tree negligently maintained the trees next to their residence, increasing the risk of the trees falling. If the city and residents are found liable, they may be responsible for various damages, including funeral costs, medical bills, loss of wages, and property damage.

It is the responsibility of a city to ensure the safety of its residents, whether that means performing timely inspections and proper maintenance of trees, or ensuring residents are adequately and reasonably prepared to do so themselves. If someone you care about was killed because of the negligence of a city, a business establishment, or a property owner in San Jose, you may be entitled to legal action. The dedicated San Jose wrongful death lawyers at Van Der Walde & Associates, LLP, will work compassionately and diligently to hold those at-fault responsible for your losses. Call us today at 877-862-6288 to learn more about your legal rights.

An auto accident in Santa Clara that involved multiple vehicles has resulted in a $49 million jury award for a college student who was injured while on his way home from a camping trip. The injury accident took place on State Route 152, better known as the Pacheco Pass. Two trucks collided at or near the center line, and the vehicle that the injured college student was riding in was struck by one of the trucks. After a five week trial, it was determined that the driver of one truck was 60% at fault, the driver of the other truck was 35% at fault, and the state of California was 5% at fault.

The jury awarded the injured college student the multi-million dollar verdict to compensate him for a variety of costs associated with his accident and the resulting brain injury he sustained. That is, $3.4 million was allocated for his past medical expenses, $27.6 million was allocated towards his future medical expenses, $4.5 million was attributed for future lost wages, and another $13.5 million was awarded for general damages. In the end, the rights of the injured were protected, and the student’s future well-being has been at least partially safeguarded.

In all California auto accidents, accountability is attributed to at least one party whose actions are deemed negligent. In the above case, accountability was attributed to multiple parties, with each party being deemed a certain percentage responsible for the accident’s result. In order to ensure that the rights of the injured are not infringed upon in a court of law, all details and circumstances of an accident need to be thoroughly examined to determine exactly where negligent action may have led to injury.

At Van Der Walde & Associates, our experienced Northern California personal injury attorneys understand the many challenges - on a physical, emotional, and financial level - that auto accident victims often have to endure. If you have been injured in a Northern California auto accident, please don’t hesitate to contact our skilled injury attorneys today for a free consultation of your case. We will fight to ensure that you receive the compensation you deserve for your injuries. Call us today at 877-862-6288.

According to The San Francisco Chronicle, a reckless driving act known as a “sideshow” has resulted in the deaths of three young adults and injured three others. Reportedly, a total of five people were in the Nissan Altima that veered into oncoming traffic, struck a parked vehicle, and overturned onto the sidewalk before coming to a stop. Three of the five, a 22-year-old, 19-year-old, and 21-year-old, were killed in the auto accident in Alameda County. The two other vehicle occupants, along with a pedestrian, were injured in the crash and hospitalized with serious injuries. Updates on the conditions of the three injured individuals were not included in the report.

According to residents of the area where the accident took place, the dangerous vehicular activity puts all nearby residents and their property in grave danger. Whether the sideshow consists of “ghost riding the whip “ (a practice in which an individual vacates his or her vehicle while it is placed in neutral and traveling at slow speeds and dances around it or on top of it) or a “hyphy-train” (a practice in which a caravan of cars synchronize their driving patterns in what is similar to a conga line), such vehicular behavior represents an utter abandonment of traffic safety laws and greatly increases the probability that an individual is going to be killed or be subjected to severe physical injury. Victims of such reckless abandon should consult a personal injury lawyer that will hold individuals responsible for putting on sideshows accountable for their actions and responsible for damages that result from such foolish behavior.

If you have been involved in any type of vehicular accident, it is important to remember that you have rights. At Van Der Walde & Associates, our experienced traffic accident attorneys will examine the circumstances surrounding your accident, and will hold responsible for the accident accountable in a court of law. If you have sustained injury or lost a loved one as the result of another person’s reckless driving behavior, please don’t hesitate to contact our Northern California personal injury lawyers at 877-862-6288 for a free evaluation of your case.

Source:http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/10/18/BA751A77S7.DTL&type=newsbayarea

An article in San Jose’s Mercury News talks about the $1.2 million settlement that the family of a killed bicyclist received from Santa Clara County. The male bicyclist was killed in an accident involving a police patrol car that was being driven by a sheriff’s deputy that fell asleep at the wheel while driving. The deputy also hit two other male bicyclists during the Cupertino accident that occurred in March of 2008. Santa Clara County previously settled with another one of the other victims for a total of $2.3 million. The third victim recovered from his injuries, and any sort of settlement received by him was not disclosed in the article.

The parents of 30-year-old and 29-year-old bicyclists that were killed filed suit on behalf of their sons, and were awarded compensatory damages on their behalf. While the sheriff’s deputy certainly did not mean to fall asleep at the wheel, he was found negligent in causing the accident. Because there was no intent to commit harm to the bicyclist, the officer pled guilty to misdemeanor vehicular manslaughter, and was sentenced to four months of house arrest and an undisclosed amount of public service.

Ultimately, the settlements amount can be considered indicative of the sheriff’s department admitting that wrong-doing on the part of one of their officers took place. As with all vehicular accidents, negligent action can typically be attributed to one or more parties, and such action can hold those individuals responsible for the behavior that caused the accident. Regardless of the situation, it is always important to retain the services of a skilled personal injury lawyer that will examine the details surrounding your accident to ensure that your rights are upheld and those responsible for your accident are deemed as such in a court of law.

If you have recently been in a bicycle accident or any other type of personal injury accident, chances are that negligent behavior played a definite role in causing you injury. At Van Der Walde & Associates, our experienced Santa Clara County bike accident attorneys will seek compensatory damages on your behalf, and will hold the negligent accountable for their actions. If you have been injured, please don’t hesitate to contact us today at 877-862-6288 for a free evaluation of your personal injury case.

Source:http://www.mercurynews.com/news/ci_13519726

According to tracypress.com, an auto accident involving a Mercedes-Benz SUV and a small Honda vehicle took the life of a 45-year-old man from Modesto, California. The Modesto man was a passenger in the Honda, which was being driven by his sister. Other passengers in the Honda included the Modesto man’s brother-in-law and nephew. The man’s sister, her husband, and their child were all injured in the crash. They were all taken to a Modesto-area hospital for treatment of injuries that included broken ribs, a punctured lung, and spinal injuries. Reportedly, no one in the SUV was injured.

In order to help cover the costs associated with the accident, the family of the deceased Modesto man has set up a fund to assist those affected by the crash. While such a fund is certainly a good idea, especially given the exorbitant costs associated with medical care and making funeral arrangements, it is not the only recourse to be taken in the event of a traffic accident.

Though investigation into this auto accident in San Joaquin County is still underway, police speculate that the SUV, which was traveling at unsafe speeds, may have been racing another vehicle. Such action is certainly to be deemed reckless and represents a degree of negligence that ultimately led to a loss of life and multiple personal injuries.

According to the report, police hope that evidence gathered at the crash scene combined with a computer simulation of the intersection where the accident occurred will provide them insight into what exactly happened, and will show whether or not the driver of the SUV was at fault for the accident.

In any event, an accident victim will benefit not only from police investigation, but from retaining the services of an experienced auto accident attorney that will help examine the details surrounding the crash to determine where negligent behavior may have contributed towards the crash. If you or a loved one has been injured in an auto accident, don’t hesitate to contact the skilled car accident attorneys at Van Der Walde & Associates. Our knowledgeable lawyers will seek compensatory damages on your behalf that may assist with medical bills, wages lost, and other costs associated with your accident. Please call us today at 877-862-6288 for a free consultation of your auto accident case.

Source:http://www.tracypress.com/pages/full_story/push?article-Police+investigate+fatal+crash-+fund+set+up+for+victims%20&id=3804425-Police+investigate+fatal+crash-+fund+set+up+for+victims&instance=home_news_lead_story

The Mercury News recently ran an article discussing the search for the family of a 67-year-old bicyclist that was struck and killed in Watsonville.  Police believe the male victim to be a transient, and are still attempting to identify him so that next-of-kin can be notified of his accident.  The bicyclist reportedly veered in front of the white Mercedes automobile that struck him, was airlifted to Regional Medical Center in San Jose, and later succumbed to head trauma and other injuries the night of the accident.

In this particular case, although the driver of the vehicle did flee the scene of the crash, it does appear as though the driver was responsible for causing the accident. According to the report, police suspect that the bicyclist may have lost control as he veered into the car’s path. Police have tested the motorist’s blood alcohol concentration, and are awaiting the results before pursuing any sort of charges against the motorist.

When automobiles collide with bicyclists, the result is almost always dismal for the bicyclist. In cases where driver negligence is to blame, victims of bicycle accidents have the right to seek compensatory damages from negligent motorists. This monetary compensation is often awarded to an accident victim to help cover the costs associated with the accident, such as medical bills, physical therapy fees, and even property damage.  In the event that an accident victim perishes during the accident, then the family of an accident victim may seek damages on the victim’s behalf, holding reckless drivers accountable for their actions in a court of law.

In you have recently been injured in a bicycle accident in the Santa Cruz area, don’t hesitate to contact an experienced Santa Cruz bicycle accident attorney to ensure that your rights are protected in a court of law.  At Van Der Walde & Associates, our skilled personal injury lawyers will examine the details of your bicycle or auto accident to determine if negligence played any sort of factor, and will hold all negligent parties accountable for their actions.  Please call us today at 877-862-6288 for a free case evaluation.

Source Article: http://www.mercurynews.com/centralcoast/ci_13269892