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San Jose personal injury attorneysMany people do not realize that many physical injuries also cause serious mental injuries. A person who is involved in a brutal car accident may experience extreme anxiety and fear for months or even years after the accident. An individual who is hurt in an attack caused by negligent security may experience flashbacks and nightmares of the incident that leave him or her unable to live a normal life. If you have been involved in a serious accident and are now suffering psychological symptoms as a result, you may be able to get compensation for these mental injuries through a personal injury lawsuit.

Post-Traumatic Stress Disorder

One of the most common types of mental injuries that a person involved in an injury-causing incident can develop is post-traumatic stress disorder (PTSD). The symptoms of PTSD include flashbacks, nightmares, emotional numbness, insomnia, problems with concentration, being easily startled, and more. A person suffering from PTSD may go out of his or her way to avoid activities or places that remind him or her of the traumatic experience. Someone involved in a car accident may find it hard to even ride in a vehicle let alone drive after the incident. The symptoms of PTSD can dramatically affect a person’s ability to function normally.

Proving Mental Pain and Suffering

Unlike most physical injuries, a mental injury is not obviously evident. It can be challenging to prove the extent of mental anguish a person suffers because of an accident. Getting a formal diagnosis from a mental professional can significantly strengthen your case. If you have experienced stress, anxiety, depression, or PTSD symptoms after an accident caused by another’s negligence, you may be able to get compensation for these symptoms. A personal injury lawyer experienced in pursuing noneconomic damages such as these is essential in bringing a personal injury claim.

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pain and suffering, San Jose Auto Accident LawyerAfter you have been injured in a car accident caused by someone else’s negligence, you have the right to collect damages. While the amount of damages for your out-of-pocket medical expenses may be easy to calculate, how do you calculate the damages for your pain and suffering? What is pain and suffering under California law?

How the Law Views Pain and Suffering

Pain and suffering, as a principle of law, is also sometimes referred to as general damages or non-economic damages. California law allows for you to be compensated for the physical and emotional discomfort, inconvenience, and negative effects that a physical injury has on your life.

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Early in the morning on April 22, a Toyota Prius that was driving east in the westbound lanes of Highway 50 in Sacramento County collided head-on with a pickup truck in the westbound lane. The collision caused the truck to spin. A third vehicle collided with the truck, causing the truck to catch fire.

California Highway Patrol received a call about 2:30 in the morning that a Prius was driving the wrong way on westbound Highway 50. The Prius reportedly had been driving in the wrong lane for several miles before the head-on collision occurred.

The driver of the Prius and all three occupants of the pickup truck were pronounced dead at the scene. The driver of the third vehicle suffered minor injuries. Police are reportedly investigating whether there is any link between the crash and the use of alcohol or drugs.

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A 44-year-old man was killed and a woman was critically injured in a two-vehicle accident near Santa Cruz on March 28. The crash occurred at approximately 2 p.m., according to the California Highway Patrol.

Authorities said a 1991 Ford F-150 pickup truck was driving northbound on Empire Grade Road north of Llama Ranch Road when it crossed the double yellow lines into southbound traffic and struck an oncoming 2001 Chevrolet van near the north entrance to the University of California at Santa Cruz.

The driver of the pickup truck, who lived in the unincorporated area of Aptos, was pronounced dead at the scene of the crash. The driver of the van, a 20-year-old woman, suffered critical and life-threatening injuries. She was airlifted to a nearby trauma center for treatment. Authorities said the pickup truck was traveling at a high rate of speed at the time of the crash, but the van was traveling within the posted speed limit.

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A head-on collision on Highway 1 near Lompoc left one man dead and another seriously hurt on March 10. The crash happened at approximately 6:30 a.m., according to the California Highway Patrol.

Authorities said a man driving to work in a Toyota Tacoma drifted over the double-yellow line and collided head-on with a Chevrolet Silverado just south of Jalama Road. The Toyota driver, a 32-year-old man from Lynwood, died at the scene. The Chevrolet driver, a 33-year-old man from Lompoc, was trapped in his vehicle following the accident. A representative of the Santa Barbara County Fire Department reported on Twitter that it took 30 minutes to free him. He was transported to Cottage Hospital with major injuries.

CHP closed the southbound lanes of Highway 1 near Jalama Road for several hours as they investigated the scene. The accident remains under investigation.

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The California Highway Patrol and Santa Cruz County Sheriff's Office were on the scene of a deadly accident that occurred in the community of Aptos at about 8 p.m. on March 1. Alcohol bottles were found at the scene of the crash, and DUI is a possible factor in a fatal head-on collision in which the 22-year-old driver of a Mercedes was killed. There were seven people in the vehicle designed to seat five, and none of the occupants were wearing a seat belt according to authorities. A 19-year-old woman and 18-year-old man riding in the front seat along with a 16-year-old girl riding in the back seat were all pronounced dead at the scene.

The accident happened when the westbound driver of the Mercedes was allegedly driving recklessly on Freedom Boulevard. He suddenly crossed into oncoming traffic and collided head-on with a Ford F-150 pickup driven by a 56-year-old man. According to a spokesperson for the CHP, the driver suffered severe injuries and remained hospitalized at Santa Clara Valley Medical Center the following day. There were no passengers in the pickup truck.

Also hospitalized in critical condition were an 18-year-old year-old female and a 21-year-old male passenger from the Mercedes. A third survivor from that vehicle is a 17-year-old female. She suffered the least injuries in the wreck but remained a patient at Santa Clara Valley Medical Center. Authorities involved in the accident investigation had not been able to get any information from the girl regarding the circumstances surrounding the wreck.

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A vehicle drove into a Macy's department store in Newark on Jan. 14, and four people were injured in the accident. The store was evacuated after the crash occurred. At the time of the report, authorities were still investigating the incident.

A representative of the Alameda County Fire Department reported that the accident took place around 4:50 p.m. at the NewPark Mall. A vehicle being driven by a 63-year-old woman allegedly waited outside of the store while a 12-year-old boy exited the vehicle to use a mall restroom. While the reason for the accident was unknown at the time of the report, the vehicle then jolted forward and went about 50 feet inside the Macy's.

The driver and two men shopping inside the store all suffered injuries, though the extent of their injuries was unknown, and a man who was in front of the store on a sidewalk went to a hospital with critical injuries. Another woman and a 10-year-old girl were passengers in the vehicle, but they were unharmed in the collision. At least two witnesses reported panic attacks after the crash.

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A San Diego man was killed in a chain-reaction car accident after he attempted to pass a semi-truck on a two-lane highway on Nov. 14. The crash happened near Temecula on Highway 79 just east of Pauba Road at around 5:30 a.m.

According to the California Highway Patrol, it was rainy and dark when the man, age 67, tried to pass a tractor-trailer with his 2004 Toyota Tundra as he approached a curve in the southbound lane. He crossed the double yellow lines and crashed into a westbound 2007 Chrysler PT Cruiser. The collision caused the PT Cruiser to crash into the semi's trailer and swerve into a 1999 Ford F-350 traveling west on Highway 79. A westbound 1993 Ford F-350 then hit the Tundra and the 1999 Ford.

The Tundra driver was pronounced dead at the scene of the crash. His 84-year-old female passenger was transported to a local hospital with moderate injuries. The driver of the PT Cruiser, a 67-year-old Warner Springs man, suffered broken ribs, arms and ankles. The driver of the 1999 Ford, a 32-year-old Aguanga man, and the male driver of the 1993 Ford, an Anza resident, each suffered minor injuries. The 58-year-old semi driver, from Temecula, was not hurt.

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When an individual is involved in a car accident within the state of California, it is important that they perform several actions to ensure the best possible outcome. Initially, the most important step to take is to assess the situation and find out if anyone is hurt. If there are injuries involved, call 911 immediately. An individual trained in first aid techniques should provide reasonable assistance until first responders arrive on the scene. Also, if the accident occurred on a busy street, take precautions to warn approaching motorists of the potential hazard. This can involve setting flares or warning signs.

Once the injured are cared for and the situation is in hand, the next step is to gather as much information about the accident as possible. Because the DMV limits access to information after the fact, it's vitally important to get names, contact information and insurance details at the scene. Try to get brief testimonials from any witnesses to the car collision. Also, a quick diagram of the accident along with make and model descriptions of the vehicles involved will help an attorney show fault in any future related court proceedings and will ensure proper compensation for any pain and suffering.

All of this information will come in handy when seeking compensation through an insurance claim. If the other driver was negligent or at fault, their insurance will be responsible for repairing any damage to the vehicles and paying for medical expenses. In some difficult cases, a lawyer may be required to ensure proper and full compensation.

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A 45-year-old Arroyo Grande woman was taken into police custody and charged with multiple offenses for her role in a fatal hit-and-run collision with a bicyclist that occurred on Oct. 2 in Nipomo, police said. The accident occurred around 11:15 a.m. on Los Berros Road when the woman allegedly rear-ended the bicyclist with her Honda Accord, causing him to suffer serious head injuries despite wearing a helmet. The 48-year-old bicyclist died from his injuries.

Following the collision, witnesses say the woman attempted to flee the scene. A witness called 911 and followed the woman's vehicle, cornering her with the help of other motorists until police could arrive. The witness told the 911 operator that the woman's vehicle had a large dent in her windshield along with significant front-end damage from striking the bicycle. After being cornered, the woman repeatedly asked to be let go, according to the witnesses.

The woman's charges include gross vehicular manslaughter, DUI and driving with a suspended license. She was booked into the San Luis Obispo County Jail. At arraignment, the court set her bond at $100,000. She still remains in custody pending resolution of her case.

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Posted on in Car Accidents

A fatal car accident reportedly took place at an intersection in Huntington Beach around 6:30 p.m. on Sept. 1. According to police, the collision occurred when a 51-year-old male driver struck a 55-year-old man who was riding a motorized bicycle. The results of a preliminary investigation indicate that both drivers were proceeding southbound when the accident occurred.

Officers arrived to find the cyclist suffering from injuries that were described as critical. Paramedics transported him to UCI Medical Center, where he died from his injuries. The driver was interviewed by police and detained on suspicion of driving under the influence of alcohol.

Under California wrongful death law, the family of the decedent in a fatal car accident may seek compensation for both economic and non-economic damages. Economic damages may include funeral and burial expenses, loss of support, loss of gifts and loss of household services. Non-economic damages may include loss of companionship, assistance, care, comfort, moral support, protection and society. For minor children, other damages may include the loss of guidance and training.

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Authorities report that a two-vehicle accident in La Jolla around 9:30 a.m. on Aug. 21 left two adults and two children injured. Firefighters had to cut one man out of his vehicle before an ambulance could transport him to Scripps La Jolla for medical treatment. The other driver and her two children were also taken to local hospitals, where they were treated for minor injuries.

According to local police, the car accident occurred when the 44-year-old male driver lost control of his vehicle at a curve in the road and struck the female SUV driver. A witness said she observed the man running two red lights just prior to the accident. At the time of the report, police continued to investigate the crash. They believed that the man may have been driving while under the influence.

When a person is injured as a result of a car accident involving a suspected drunk driver, the injured party may face a long recovery and hefty expenses. A personal injury attorney may be able to assist an injured person by bringing a claim against the liable driver. The claim may seek compensation for brain injury, other serious injuries, pain and suffering and medical expenses.

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According to San Jose police, a Mercedes traveling at high speeds caused a fiery crash during the evening hours of August 17. The crash involving eight cars left 10 individuals injured. Police arrested the male driver of the Mercedes on charges of driving drunk at the time of the accident.

The chain reaction collision occurred around 9:28 p.m. near Capitol Expressway on Ocala Avenue when a speeding eastbound Mercedes ran through the intersection's red light, broadsided a car and then smashed into several other cars as it rolled over a number of times, police said. The Mercedes driver then fled the scene after the car came to rest in the roadway's westbound lane, leaving three occupants trapped inside the burning vehicle. Police, along with rescue crews, extinguished the fire and rescued the three individuals from the car.

According to the report, a medical helicopter and seven ambulances responded to the scene and transported six of the injured individuals to local hospitals for treatment of unknown injuries. They also took the three Mercedes passengers to a hospital, where they were treated for major injuries.

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