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In California assisting living cases have exploded as Americans are living longer lives.  Assisted living communities will only continue to grow.  The Centers for disease control and Prevention projects that the number of Americans over the age of 65  to more than double from 40.2 million in 2010 to 88.5 million in 2050.  And nearly two thirds of the people that reach the age of 65 will need long-term care services during their lifetime.  This suggests tha the number of assisted living facilities is likely to grow over the years.  

WHAT IS ASSISTED LIVING

Any assisted living case involves one of two lawsuits.

The assisted lving facility accepted someoene into its community whio requires a higher level of care than the facility could provide.  

The assisted lving facility accepted someone into its community who was appropriate at the time of her or her admission, however, at some later point in time, the person was no longer a good fit for assited living, yet the facility kept him or her in the community.  Some people wrongly believe that assisted living homes are skilled nursing facilities.  This is not correct.

A skilled nursing facility has more of a medical provider part than does an assisted living facility.  

TYPES OF CASES BROUGHT AGAINST ASSISTED LIVING FACILITIES

There are several claims that can arise out of in the assisted living context.  A common injury that occurs is when the there are falls.  Falls are always a bigi concern and when you have someone that has fallen several times there could be negligence on the part of the assisted living faclility.  Any fall gives notice to the facility, and any such fall gives notice to the facility that the person is not appropriate for an assisted living facility.  In other words one and done.  

Unfortunately, Employee-on resident violence is another concern.  Many times the facilities are staffed with poorly trained, poorly paid, people.  The assisted living arrangements are money making operations meant to maximize money not provide the best environment.  

Therefore, there have been incidences around the country including one in Massachusetts, where a patient was horribly abused by an employee and it was videotaped.

 

These incidences are not uncommon. If your loved one has been injured give us a call and we can help 441-1418.

If you or a loved on has been injured in  bike accident you should call our office to get a case evaluation of your legal rights as soon as possible.  

We represent bicyclist from througout the valley fro injuries occuring while they are riding a bike.  Many bike accidents occur because car drivers do not give the bicyclist enough room.

All car drivers must share the road with bikes.  In 2014, California passed the "Three Feet for Safety" law Vehicle Code section 21760 which requires that a motorist passing a bike must provide a safety buffer of three feet between their vehicle and a bicycle wherever feasible.  In some situations, bicyclist are entitled to take the whole lane (where there is a hazard or obstruction that precludes them traveling on the righthand side of the road). For a violation taht does not result in injury, the law sets a base fine of $35 which becomes $233.00 for the court once court and administrative fees are added.  For a violation of that involves a collission that injures a bicyclist, the base fine is $220 whcih becomes $959 fine for the driver.  This penalty is equel to the lowest fine imposed for reckless driving with bodily injury.  

If you have been involved in an accident give us a call. 559 441-1418.

If you have been injured by the negligence of a driver and you have sustained injuries you should call our officer to see what your legal rights are and if you can recover for those damages. 

 

The number one cause of serious bike injuries is the speeding of motor vehicles.  Often those vehicles are not only speeding but talking on there phones, texting, and just being non-attentive.  Even small increases in speed can affect ones ability to properly drive a vehicle and can cause major distractions that can affect the ability of someone to see a bicyclist.  

Frequent causes of bike accidents include. 

drivers speeding or running red lights.

drivers making an illegal u-turn in traffic

drivers providing bicylist with inadequate room

drivers or passengers opening car doors without looking

careless or innatentive drivers (see above)

there could be other factors such as non-driver factors roadway hazards, poorly marked construction sites debris etc or gravel on the roadway.  

There could be city or or other public agencies at fault if these are the cases.  

If a city or  other public agency is at fault please do not delay in contacting an Attorney because there could be statute of limitations issues which could be just six months from the time of your crash. 

If you have any question give us a call 559 441-1418.

As a motorcycle rider you know that riding a motorcycle can be dangerous adventure.  Other drivers especially nowadays are distracted, not paying attention, these can lead to serious accidents or injuries to motorcycle drivers. 

If you were injured in a motorcycle accident in California due to someoene elses negligence you can call us.  if you were injured in a motorcycle accident you could be facing expensive medical bills, and other expenses.

CAUSES OF MOTORCYCLE ACCIDENTS

No matter how safe riders are on there motorcyles, there are several factors that could lead to accidents such as:

INNATENTIVE DRIVERS

The low profiles or motorcycles compared to cars and  trucks makes them more difficult to see and could lead to accidents.   Many motorcycle accidents are cause by drivers

ROAD HAZARDS

State and local governments are responsble for keeping raodways in good conditions and free from hazards, such as potholes which could be hazardous to drivers. 

POOR COMMUNICATION

Riders often travel together in groups but these groups must practice good communication to prevent riders from colliding and or moving into others lanes.

YOU SHOULD CONTACT AN ATTORNEY IF YOU HAVE BEEN INJURED

Insurance companies do not have your best interest at heart.  They are for profit organizations.  focused on protecting there interest not yours.  If you were injured in a motorcyle accident having a lawyer on your side can mean the difference between getting the money you deserve for you injuries and leaving money that you will need on the table.  Usually you will not have any upfront fees until we recover money for you.

If you have any questions dont hesitate to call us.  559-441-1418. 

Many times people call me and ask exactly what type of damages they can recover from personal injury cases. If you have been injured in an accident you may be entitled to a financial sum either by verdict,, after trial, or settlement. 

With our help you can get the compensation you need to put  your life back together.  We do these type of cases to make sure people get through this tough time in there lives. 

Your case evaluation is free.  And you don't pay us anything unless you get compensation. 

You may be able to recover your:

Pain and Suffering

Your medical bills

Loss of earnings

Repair and replace your vehicle. 

It doesnt matter if you have suffered a broken arm or a life-threatening injury or accident, our attorneys can help you. 

Having a personal Injury Attorney can help you recover and can mean the difference for you and your family. 

I and my legal associates have helped clients in many different legal areas including:

car accidents

truck accidents

motorcycle accidents

catostrophic injuries

defective products

premises liability

crime victim lawsuits

wrongful death

Under California law you may have a limited time to file your lawsuit it is best to get legal representation as soon as possible.

Unfortunately everyday around Fresno, there are car accidents and people injured because of the negligence of someone else.  If this has happened to you and you have questions read the blog below and give us a call at 559441-1418, we can evaluate your case and let you know your legal options to help you get the compensation to make you whole again.

In a car accident the other person must be at fault.  Usually after an injury accident there will be police report and in that report it will give some estimate as to who they believe is at fault for the accident.  This is key many times we have people come into the office attempting to get compensation and they were named in the report as at fault.

Sometimes it is unclear who is at fault for the the accident.  In those cases you may be able to get compensation for the car accident if it is provable who is at fault for the accident. 

IF THE OTHER PARTY IS AT FAULT WHAT DAMAGES CAN I RECOVER?

Past and future physical and pain and suffering damages, mental anguish and physical impairment,

Past and future medical, incdidental and hospital expenses

Property damages

Punitive Damages in cases of egregious conduct

We have settled these cases many times geting the money people needed to get there lives back in order.  We have done this through both settlement and trial cases.  The reason why people select us is because we represent people not cases, and the reason why we do this job is to get people throught this rough time in there lives. 

If someone else had caused your injuries give us a call and we will help you through this.

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Gerald Schwab, Jr.

PERSONAL INJURY ATTORNEY SERVING ALL OF CALIFORNIA

Law Office of Gerald Schwab, Jr.
Fresno Personal Injury Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: (559) 295-0391
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