Piering Law Firm
Practice Areas and Legal Definitions

Automobile Accidents

Automobile accidents injure millions of Americans each year. Car accidents are also the leading cause of brain and spinal cord injury in the United States, as well as a leading cause of neck and back injuries, orthopaedic injuries and neurologic injuries. Because of the devastating impact an injury has on a person's life, car accidents are often the subject of personal injury claims and lawsuits. In many cases, automobile accidents involve complex insurance claims which normally involve two or more insurance companies. The insurance companies have experienced adjusters and attorneys looking out for them. An injured accident victim should have an experienced attorney look out for him or her as well.

Insurance claims can be overwhelming, time-consuming and confusing. Injury victims may face lost wages, high medical bills, repair bills and other out of pocket expenses. It is important to have a qualified car accident attorney in your corner, making sure the proper investigation is completed, the insurance benefits are coordinated and that you, as the accident victim, are properly compensated.

Generally speaking, those who have suffered personal injury in automobile cases are entitled to recover damages for pain and suffering, disability, disfigurement, wrongful death, emotional distress, scarring, loss of enjoyment of life, interference with marital and/or parental relationships, and other types of what are known as “general damages.” In addition, accident victims may be entitled to recover for "special" or "economic" damages related to items such as past, present and future medical bills, lost wages and future earnings and earning capacity, and other out-of-pocket expenses. Some cases also require that certain "no-fault" benefits be paid following a traffic accident. Additional issues involve payment of health insurance benefits and subrogation or right of repayment claims by health insurers at the time the personal injury recovery is achieved.

Bicycle Accidents

Bicycling is a popular activity and in the course of engaging in this activity, bicyclists are sometimes injured and killed in collisions with cars. Obvious hazards for cyclists are cars and trucks, but faulty equipment, especially helmets, and dangerous roadways also present dangers.

When you have been injured in a bicycle collision with a motor vehicle as a result of another person’s negligence, California law recognizes your right to be compensated in several different areas. At the Piering Law Firm , we can help you get the medical care and rehabilitation you need. Whether you face hospitalization, surgery, long-term physical therapy or even future medical help, you have the right to seek compensation for all medical expenses, past and future, that you incur as a result of your injuries. Despite these rules, the defendants’ insurance companies will delay paying these bills until they resolve your case through settlement or trial.

You also have a right to seek compensation for loss of income and earning capacity, whether you are salaried or self-employed. California law additionally recognizes your right to seek compensation for your ability to perform household functions, and for pain and suffering. Generally speaking, those who have suffered personal injury in bicycle cases are entitled to recover damages for pain and suffering, disability, disfigurement, wrongful death, emotional distress, scarring, loss of enjoyment of life, interference with marital and/or parental relationships, and other types of what are known as “general damages.”

In addition, accident victims may be entitled to recover for "special" or "economic" damages related to items such as past, present and future medical bills, lost wages and future earnings and earning capacity, and other out-of-pocket expenses. Some cases also require that certain "no-fault" benefits be paid following a traffic accident. Additional issues involve payment of health insurance benefits and subrogation or right of repayment claims by health insurers at the time the personal injury recovery is achieved.


Big Rig/Truck Accidents Overview

Over 250,000 dangerous large truck and 18-wheeler accidents occur each year in the U.S., and large truck related accidents kill and injure over 150,000 Americans per year. While large trucks and semi tractor-trailers comprise just 3% of the vehicles on American roads, they account for more than 25% of all passenger vehicle occupant deaths. In fact, nearly 78% of the people killed and 84% of the people seriously injured in 2-vehicle crashes involving a passenger vehicle and a large truck are the occupants of the passenger vehicle.

Serious injuries and fatalities are not the only toll inflicted by large truck accidents. They also inflict a significant financial toll:
The National Transportation Safety Board shows the average cost per
large truck and semi tractor-trailer crashes involving an injury is $217,000.
The average cost per large truck crash involving a fatality is $3.54 million.
The total cost of all semi tractor-trailers and large truck crashes in the U.S.
is over $ 34-billion per year. This constitutes a cost of $3,894,096 per hour.

Trucking accident lawyers see these three (3) most common risk factors in large truck accidents:

1. Reckless Driving

2. Mechanical Failures

3. Driver Fatigue


Boating Accidents Overview

Boating accidents may occur on privately owned recreational vessels, on recreational and commercial fishing boats, and on very large commercial ships.

The US Coast Guard reported that in 2002 more than 12.5 million boats and personal watercraft (PWC) were registered in the United States. In particular, the popularity of personal watercraft, such as Jet-Skis and other brands, has increased enormously over the past 20 years. Each year the Coast Guard logs more than 8,000 boating accidents. These result in over 4,000 serious injuries and 800 deaths annually.

Cabin cruisers, boats with outboard motors and jet skis are the watercraft most frequently involved in recreational boating accidents. Injuries can occur from collisions between boats or between boat and dock or other structures. Propeller accidents are another frequent source of injury. Serious injury and drowning can result from a person falling overboard. Bodies of water are governed by various city, county and state laws and recreational boating accidents are governed by these laws. The body of water on which you were injured will determine what your legal rights are.

Crews on commercial vessels frequently work for extended hours and under hazardous conditions. Sailors injured through the negligence of a vessel operator or another crew member, or the unseaworthy condition of the vessel have rights under the Jones Act, also known as the Merchant Marine Act. The Jones Act provides for injured sailors to seek damages for the negligence of the ship owner, the captain, or fellow members of the crew. They may seek to recover medical expenses and damages for pain and suffering, and recover lost wages, future earnings and other general damages.

If you or a loved have been injured as a result of an boating accident, please call us or fill out the form below for a free initial consultation. There is no fee until we recover for you.

Burn Injuries Overview

The National Institute of General Medical Sciences, part of the National Institute of Health, defines a burn as tissue damage caused by a variety of agents, such as heat, chemicals, electricity, sunlight, or nuclear radiation. Most common are burns caused by scalds from flammable liquids and gases, burns in motor vehicle accidents, building fires, and explosions. According to the American Burn Association, each year in the United States, 1.1 million burn injuries require medical attention. Approximately 45,000 of these require hospitalization, and roughly half of those burn patients are admitted to a specialized burn unit.

About 4500 people die from burns each year in the US. This number is a sharp reduction from the 9000 annual fatalities from burn injuries of 30 years ago. The change reflects increased medical understanding of burns and their treatment. Burn survivors also have improved health, functioning, and quality of life. Because burns damage the skin's protective barrier, they are often followed by serious infection. Another 10,000 people die every year in the United States of burn-related infections. Among hospitalized burn patients pneumonia is the most common infectious complication

Severe burns are among the most devastating types of injuries. If you or a loved one is a burn survivor, you may take some comfort in learning about your legal rights which, if exercised with the skill and knowledge of an experienced attorney, can ease your burden.

Construction Site Injuries

Working at a construction site is one of the most dangerous occupations in the United States. In 2006, the latest year for which statistics are available, the Bureau of Labor Statistics reported 1226 fatal incidents in the construction industry. General unskilled laborers are the group most at risk, accounting for 27% of construction site deaths. Ironworkers and roofers also experienced high rates of injury and death.

Another 415,000 workers were injured or contracted illnesses on construction sites, many of them incurring serious disability and career-ending injuries. Among the skilled construction trades, framers, foundation workers, and those involved in exterior construction suffered the highest rates of injury.

Back injuries are the most frequently occurring injuries on construction sites. Arms, legs, and hands are the next most frequent kinds of injuries. Falls are the greatest cause of deaths on construction sites.
The chief causes of construction site injuries and death are unsafe work practices and unsafe worksite conditions. These most often are caused by employers’ failure to comply with federal and state mandated safety practices, failure to provide adequate safety equipment such as scaffolding, safety harnesses and fall protection devices, failure to provide safe and properly functioning tools and machinery, use of worn and failing cables, and trenches that have not been properly graded and shored. Excessive work schedules without adequate rest breaks and work in inclement weather and poor visibility also increase the risks workers face.

Dog Bites

Pet owners are legally responsible for the behavior of their dogs. In most dog-bite cases, the dog's owner will be required to pay for the scarring and disfigurement, pain and suffering, and all medical bills and lost wages associated with a dog attack. In certain instances, the person or business taking care of a dog, often called the boarder, keeper or harborer, may also responsible.

Unfortunately, a large number of dog bites cause serious injury to small children. Scars can be a serious, life-long result of a dog bite. Children are particularly susceptible to bites around the head and face and often suffer disfiguring scarring. Scars are more than physical injuries, also causing emotional injuries and fear. Scars may require plastic surgery which often must wait until the scar matures, usually about a year. In the case of a child, plastic surgery may need to wait until the child is finished growing after puberty. Scarring has a very real impact on self image and can have significant psychological impact.

If you have been bitten or injured by a dog in California you may be entitled to compensation. The only instances where a dog owner would not be liable is if you are somewhere you may not legally be (trespassing) or if you provoked the dog. Absent those narrow circumstances, the owner of the dog would be liable to you for the injuries you have suffered. This also extends to being entitled to compensation even without actually being bitten. If you are knocked over or fall as a result of the actions of a dog you may be entitled to compensation.

Motorcycle Accidents Overview

Over 4 million motorcycles are registered in the United States, and motorcycles are especially popular for recreation and transportation in Southern California. Motorcycles are fun to drive, they offer excellent fuel efficiency, and can be less expensive to buy than a car. Motorcycles are, however, significantly more dangerous than cars, and motorcyclists may become seriously injured or killed in collisions with cars and trucks. Motorcyclists comprise just two percent of all registered vehicles in the United States, yet approximately five percent of all highway fatalities each year involve motorcyclists and their passengers.

A collision between a vehicle and a motorcycle driver is a gravely unequal contest. In contrast to cars and trucks a motorcycle itself provides virtually no protection in a crash. In a motorcycle accident, the motorcyclist’s injuries are likely to be far more serious than those of the vehicle’s occupants.
Even when motorcyclists and their passengers use safety equipment such as a helmet and protective clothing, they may become injured as a result of faulty highway design, or because of defective safety equipment or a malfunction of the motorcycle.

At the Piering Law Firm , we have handled various motorcycle accident cases, including accidents with negligent automobile operators, negligent motorcycle operators, non-DOT approved (“novelty helmets”)/DOT approved helmets, and defective motorcycle luggage causing accidents.

Product Liability

If you are injured because of a defective product, the law gives you the right to bring a claim against the manufacturer and retailer of the product. This body of the law is known as product liability.

A product can be anything from an automobile, a chemical, a machine, a tool, motorcycle helmet, thermos, food or drink. To recover for a product that is defective, the defect must have caused the injury. Generally, a product can be defective in one of three (3) ways:

1. It can be manufactured improperly. (It breaks and causes an injury)

For example: if a chain broke because it wasn't forged correctly and then caused an injury, you would be able to file a claim against the manufacturer.

2. A product can also be defective because it has an improper design.

For example a product that does not have adequate guarding devices, could be considered defective. It could also be poorly engineered where the design is responsible for injury.

3. A product can be defective if it does not have adequate warnings.

Some products are unable to be equipped with guarding devices and in certain situations the law requires a warning. If the warning or caution is not considered an adequate or appropriate, then a product may be considered defective.

Proof of a defective product is complicated and usually requires a technical expert in the particular field to testify. If you are injured by a defective product, it is very important that the product be kept as evidence. If the product is too large and you cannot take control of it, then pictures must be taken as soon as possible to prove what the product was like at the time of your injury.

If you are injured, it is important to immediately contact a lawyer experienced in this area of law. Generally, most product liability cases must be brought within two years from the date of the injury. To have the best chance of winning your case, it is important to have the accident promptly investigated and the product examined by an expert while the evidence is fresh and witnesses still available.

Defects In Home Products/Appliances

Many people receive injuries as a result of household products that are manufactured with an unsafe design, faulty materials or faulty parts. These products can include exploding pop bottles, hammers or nails that fragment when used, children's toys, improper electrical wiring in a toaster, cigarette lighters, space heaters and a number of other ordinary household products.
If you have been seriously injured as a result of a defective product, you may have a case against the manufacturer -- if it can be proved that the product was unreasonably dangerous. Usually this proof is supplied by a technical expert, in a particular field, who will examine the product in question.

It is important to identify the responsible parties and any witnesses that may have seen the mishap. It is also important to preserve evidence. Most cases involving defective household products must be brought within four years of the date of the accident.

While there are exceptions to this general rule, it is important to have your case fully investigated as soon as possible. Delaying investigation on these types of cases may make it harder to prove there was a defect.

Spine Injuries/ Neck & Back Injuries

In serious accidents the spine can be injured, anywhere from the cervical area (the neck) down through the lumbar area (the lower back). The spinal cord transmits both feeling and control between the brain and all of the body. If the injury damages the spinal cord, the impact to an individual can be catastrophic. Experienced spinal cord injury attorneys understand the gravity of these injuries, and the impact on a person’s life.
When a person sustains a spinal cord injury, teams of doctors work to help the individual achieve the best medical and rehabilitation outcome. Immediately following an injury a neurosurgeon and/or orthopedist will be involved in the acute care. Once a person is stabilized, a physiatrist, a doctor who specializes in rehabilitation for seriously injured individuals, will be brought in. Throughout California there are outstanding rehabilitation facilities such as the Sharp rehabilitation facility in San Diego where the physical rehab doctor (the physiatrist) mobilizes a skilled team of speech therapists, physical therapists, vocational counselors, and other specialist to help an individual achieve their maximum rehabilitation potential.

An injury in the lower spine can result in paraplegia, the loss of use of the legs, imposing severe restrictions in a person’s life. If the paraplegia is permanent, a person must plan their entire life around the restrictions that come with the loss of use of their legs, including permanent use of wheelchairs. Seasoned San Diego spinal cord injury attorneys understand the realities of wheelchair use, and the need to redesign and rebuild a home so that a person can use their kitchen, their bathroom and can navigate other spaces.

Injuries higher up the spinal cord can result in quadriplegia, a loss of use of both arms and legs. An individual with quadriplegia may need mechanical assistance to breathe, and 24- hour around the clock assistive care to survive. An experienced quadriplegia attorney knows what this diagnosis can mean to a person and their family and can help them think through their needs.

At the Piering Law Firm , we can help you in your claim for compensation due to disc injury or spine injury, including:

Contact the Piering Law Firm to schedule your free and confidential initial consultation. All cases are handled on a contingent fee basis, meaning there is no legal fee charged until we recover for you.

Traumatic Brain Injuries

The Piering Law Firm has protected the legal rights of hundreds of personal injury clients, and has recovered millions of dollars in damages on behalf of its clients. The paralegals, administrative staff, and attorneys are well educated and work together to represent you in an efficient and effective manner.

A traumatic brain injury is caused by an unexpected force to the head including, the head hitting an object, or an object piercing the skull and coming into contact with the brain. It can also be caused by the sudden slowing of the head, which causes the brain to strike the skull, without the skull ever striking any object. Two groups of people who are the most at risk for brain injury are young men between 15 and 24 and the elderly.
Suffering a brain injury usually changes the victim's life forever. There are many serious consequences that result from a brain injury, which may include:

Brain injury typically requires surgery to alleviate some of the blood and pressure that has gathered near the brain. There are many different treatments and specialists that a brain injury patient may require, including a speech pathologist, physical therapist, psychologist, psychiatrist, occupational therapy, medication regimens, and a variety of rehabilitation services. The economic and social impact of brain injuries, even mild traumatic brain injuries, can be devastating and life altering.

Contact the Piering Law Firm to schedule your free and confidential initial consultation. All cases are handled on a contingent fee basis, meaning there is no legal fee charged until we recover for you.

Train Accidents

Train injuries and fatalities in the US have increased 15% since 1998, according to rail safety officials. While train injuries in car-train collisions at railroad crossings have clearly increased, derailments causing serious railroad injuries in Amtrak train collisions have soared a shocking 32%.

There are 218,000 miles of track in the US. Despite improvements in track signals, train controls and railroad communication technology, the incidence of fatal train collisions has dramatically increased in recent years. According to Federal Railroad Administration statistics the number of train derailments in 2001 was the highest since 1985. In 14 major categories, including on-board fires, rear-end collisions, collisions caused by faulty equipment, and crashes involving trucks or cars, 2001 was the worst year for train collisions and injuries in over a decade.

There are more than 250,000 highway-rail crossings in the United States, and collisions at crossings account for of 96% on train-caused injuries. Three major factors contribute to these injuries:

1. Crossings whose warning mechanisms do not adequately warn of the danger posed by the intersection;

2. Bells, crossing gates, lights and other signaling devices that fail to operate, and fail to warn drivers and pedestrians of approaching trains, and

3. Visibility compromised by overgrown brush or trees preventing drivers from seeing approaching trains.

Human factors contributing further to train accidents and derailments generally follow one of three conditions:

1. Sudden, unpredictable health problems of a crew member, like a heart attack;

2. Substance abuse, and

3. Errors caused by fatigue

While catastrophic health problems are largely unavoidable, and post-accident drug testing has dramatically reduced the incidence of substance abuse, fatigue remains a key factor in a large number of train collisions.

Many train workers agree that the grueling schedules and consequent sleep deprivation were the most serious safety issue on the nation's freight trains. Because of past concerns about fatigue-related crashes, Federal Railroad Administration law now limits train-operator work shifts to 12 hours. This work rule means that workers are frequently being marooned in a company motel far from home. Workers attest that time off in that situation is not equivalent to restful nights sleep.

Injuries in train collisions generally surpass minor contusions and lacerations, graduating instead to broken bones, catastrophic trauma, and even death. Amputations are also a frequent injury consequence.

Traumatic Brain Injuries

The Piering Law Firm has protected the legal rights of hundreds of personal injury clients, and has recovered millions of dollars in damages on behalf of its clients. The paralegals, administrative staff, and attorneys are well educated and work together to represent you in an efficient and effective manner.

A traumatic brain injury is caused by an unexpected force to the head including, the head hitting an object, or an object piercing the skull and coming into contact with the brain. It can also be caused by the sudden slowing of the head, which causes the brain to strike the skull, without the skull ever striking any object. Two groups of people who are the most at risk for brain injury are young men between 15 and 24 and the elderly.

Suffering a brain injury usually changes the victim's life forever. There are many serious consequences that result from a brain injury, which may include:

Brain injuries frequently require surgery to alleviate some of the blood and pressure that has gathered near the brain. There are many different treatments and specialists that a brain injury patient may require, including a speech pathologist, physical therapist, psychologist, psychiatrist, occupational therapy, medication regimens, and a variety of rehabilitation services. The economic and social impact of brain injuries, even mild traumatic brain injuries, can be devastating and life altering.


Wrongful Death

In wrongful death claims, our objective is to maximize the financial recovery for surviving family members including loss of support and services from the date of decedent's injury, future loss of support and services, recovery for loss of decedent's companionship, and protection, pain and suffering from the date of injury. Whether the accidental death arises at a construction sites, through a defective product, automobile or motorcycle accident, we are aggressive in the pursuit of compensation from those who are responsible for the loss of a loved one.

We work with families to assist them in not only securing answers to the numerous questions presented in wrongful death case, but also in securing the necessary financial support for surviving family members entitled to assert a wrongful death claim.
Surviving family members are entitled to compensation from those responsible for medical bills and funeral bills. Additionally, families who have lost a loved one may be entitled to other monetary compensation, including the value of the loved one’s future wage-earning capacity and the value of services that the loved one provided, such as household chores and other services to the family.

Although not as easily quantifiable, family members are also entitled to compensation for the value of lost companionship, advice and guidance because of the wrongful death of a loved one. We take the time to explore all available avenues of recovery and all categories of damages. While such compensation will never replace the lost family member, it can often alleviate the financial stress resulting from the loss.

Wrongful death subsumes a variety of personal injury matters, including automobile accidents, premises liability, products liability, medical malpractice, construction accidents and any other area of personal injury law. The difference is the severity of the injury and, when a loved one dies because of an act or omission of someone else, it is important to consult with experienced personal injury and wrongful death lawyers.

At the Piering Law Firm , we take immediate steps to preserve evidence, investigate the facts and circumstances and consult with family members on insurance and other pressing issues. We then take the time to posture our client's claims for the maximum possible recovery and understand that if a loved one has suffered an untimely death in a fatal accident at the hands of another, it is an ongoing and unfair tragedy for your entire family.

Contact the Piering Law Firm to schedule your free and confidential initial consultation. We are available to speak with you 24-hours a day, 7 days a week, with home and weekend appointments when necessary. All cases are handled on a contingent fee basis, meaning there is no legal fee charged until we recover for you.

Contact the Piering Law Firm to schedule your free and confidential initial consultation. All cases are handled on a contingent fee basis, meaning there is no legal fee charged until we recover for you. Talk with an ethical and dedicated lawyer committed to your recovery. We will be with you all the way. We are available to speak with you 24-hours a day, 7 days a week, with home and weekend appointments when necessary.