In today’s podcast, Richard L. Duquette discusses the symptoms and tools in Proving Mild Traumatic Brain Injuries Part 1. Tune in to help you decide how to proceed with your case!
Mild Traumatic Brain Injury
In a crash, a bicyclist can get different types of injuries from small wounds to traumatic ones. A serious injury, such as a mild traumatic brain injury (MBTI), can increase the value of the settlement by $100,000 or more.
MBTIs can affect a person permanently. For this, a 3-part series will be available to tackle the (1) symptoms and tools, (2) lifestyle effects, and (3) evidentiary issues.
What are the symptoms of MBTI?
Know the symptoms of MBTI. The injured bicyclist can lose consciousness for less than 30 minutes in its mild stage, more than 30 minutes in its moderate stage, and 6 hours or more in its severe stage.
Although a person suffering MBTI can return to his usual activities, the symptoms would still exist to hamper him. As discussed in today’s episode, examples of such symptoms are: slower cognitive processes, confusion, diminished vocabulary, mood swings, and many more.
How does a bicyclist get an MBTI?
Head injuries are common in bicycling accidents. They are sometimes caused by multiple impacts after being thrown and when hitting the ground.
To help provide the best solution, hence, it is important for the victim to know how he got the injury. Concussions involving temporary loss of consciousness can occur even when wearing a helmet. A broken helmet, bruises, cuts, and other such damages can show how the injury happened.
Diagnostic Tools
Hospital treatments are primarily focused on treating visible injuries. For this, MBTIs often are not detected in an emergency.
Field diagnosis usually depends on what the first responders see. Signs of potential brain traumatic injuries often seem to show up at a later time.
To hear about the symptoms and tools in Proving Mild Traumatic Brain Injuries Part 1, download and listen to the entire episode.
If you are short on time, here are the highlights of Proving Mild Traumatic Brain Injuries Part 1:
What is MTBI? (2:30)
How do MBTIs occur? (4:09)
Diagnostic tools? (5:15)
Glasgow Coma Scale? (6:20)
Imaging tools? (7:56)
Final thoughts on MTBI? (13:35)
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Email Richard
Call Richard: 760-730-0500
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© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette discusses how Good Samaritans are Protected. Tune in to help you decide when and how to help an injured bicyclist!
In Good Hands
Some people may fear having to face a lawsuit when they come upon a downed rider. They fear the liabilities that can possibly come along with the accident. For this, a few could just stand around the victim while the others ride by without providing help.
Suppose a good samaritan comes along. Well, there’s nothing to fear. Laws have been established in California to protect the good-hearted person.
Not Required to Help
Historically, there have been no mandates that require us to help. If you decide to help a downed rider, you can use “due care” or risk liability.
Liability arises only when a person has a special relationship with the victim. None can be punished for not taking action.
Encouraged to Volunteer
Today, CA Health and Safety Code Section 1799.102 encourages us to volunteer help in an emergency. It states, “No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.”
You won’t be facing a lawsuit as long as you assist a downed rider responsibly. For this, you can provide any necessary actions to help.
Tips When Offering Help
Local paramedics provide the following tips when helping a downed bicyclist:
To hear about the protection and tips in helping a downed rider, download and listen to the entire episode of Good Samaritans are Protected.
If you are short on time, here are the highlights of Good Samaritans are Protected:
Historical background? (1:33)
When a bad person makes the mistake? (3:17)
Tips when offering help? (3:36)
Enrolling in an emergency medical training program? (5:25)
Life and death situation? (6:15)
Connect with Richard L. Duquette at the following links:
Email Richard
Call Richard: 760-730-0500
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© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette shares the list of immunities that protect the government from a lawsuit. Tune in to Bicyclists Rights against Public Entities, Immunities Shield to help you decide how to proceed with your case!
A Careful Decision
The government enjoys various immunities to liability. Therefore, it is important to choose the right case before filing a claim.
Filing a lawsuit is risky compared to filing a claim, because of the consequences it entails. For this, make sure you have an experienced lawyer to defend your case.
List of Immunities
To hear about Bicyclists Rights against Public Entities, Immunities Shield, download and listen to the entire episode.
If you are short on time, here are the highlights of Bicyclists Rights against Public Entities, Immunities Shield:
Dealing with immunities? (1:55)
List of immunities? (3:53)
Immunity on unpaved roads? (7:18)
Three categories of trails? (8:40)
Significance of proper insurance? (11:54)
About Hawk Eye Road Hazards? (13:23)
Connect with Richard L. Duquette at the following links:
Email Richard
Call Richard: 760-730-0500
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© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette discusses the different types of claims and how to successfully bring them to court. Tune in to Bicyclists Rights against Public Entities, Potholes to Trails Part 2 to help you decide how to proceed with your case!
Building a Permissible Claim
There are different types of claims, particularly in cases where an injured bicyclist will be allowed to sue a public entity. Whatever the claim, the bicyclist must be able to prove the “dangerous condition” that would warrant the case to go to court.
Three things to prove are: that the property concerned is owned or controlled by the public entity; that the property was in a dangerous condition; and, that the injury was foreseeable or reasonably foreseeable.
The Element of Foreseeability
Foreseeability does not apply to the natural conditions of improved land. One should be able to prove that the “dangerous condition” was created by a government employee or that the public entity concerned had actual or constructive notice of the risk.
Proofs can be in the form of pictures, prior complaints, etc. Once foreseeability is proven, the claimant gets the case.
Presenting the Dangerous Condition
As defined, a dangerous condition must create a substantial risk of injury in a foreseeable manner. Hence, the risk present must be of “substance” and not just some trivial circumstance. One must consider the entire condition as well as its surrounding circumstances.
If the plaintiff goes to trial, there stands the need of hiring a cost-effective expert who can help fight back pre-trial motions or motions for summary judgment. The lawsuit expert should be reasonably priced as well.
Burdened to Prove
It is good to remember that the plaintiff has the burden of proof. For this, he must be able to gather all necessary proofs that would permit his case to go to court. Join Richard as he shares some of the relevant cases he’s handled.
To hear of Bicyclists Rights against Public Entities, Potholes to Trails Part 2, download and listen to the entire episode.
If you are short on time, here are the highlights of Bicyclists Rights against Public Entities, Potholes to Trails Part 2:
What to prove? (2:16)
What is a dangerous condition? (3:40)
Securing necessary proof? (4:44)
Specific claim: potholes? (5:21)
Specific claim: government vehicles? (9:05)
Connect with Richard L. Duquette at the following links:
Email Richard
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette