Archive for the ‘General’ Category

Wearing a Seat Belt Can Make the Difference Between Life and Death

Friday, September 23rd, 2022

At Nunes Law, our Fresno personal injury attorneys know for most California residents, putting on their seat belts is second nature. For others, whether they are in a hurry, distracted, or simply forget, many people do not wear their seat belts, and can end up paying for the oversight with their lives.

Motor vehicle crashes are the leading cause of death for people aged 5 – 34 in the United States. While no one anticipates being in a crash, seat belts are the best defense against impaired, aggressive, and distracted drivers.

The Centers for Disease Control recommends effective, well-enforced seat belt laws to ensure that every person in every seat buckles up on every trip. Like other states, California has a mandatory seat belt law that requires all vehicle occupants aged 16 and over to always wear their seat belts.

Buckling up is the single most effective thing you can do to protect yourself in a crash.

Seat Belt Use Helps Keep You and Your Family Safer During a Crash

Many Americans understand the lifesaving value of the seat belt, as the national use rate last year was estimated at 90.4%. However, 51% of passenger vehicle occupants killed over the same period were unrestrained, according to the National Highway Traffic Safety Administration.

According to the California Office of Traffic Safety (OTS), over 3,600 people were killed in vehicle collisions throughout the state last year. Although California ranks among the highest states for seat belt use, with a rate of nearly 96%, the state reported 620 unrestrained passenger vehicle occupant fatalities over the same period.

Even with safer vehicles, and five-star crash safety ratings, air bags are not enough to protect you or your family during a crash. The force of an air bag can cause serious injuries or death if occupants are not also restrained by seat belts.

When riding in the front seat of a vehicle, seat belt use can reduce your risk of moderate to critical injuries by 50%, and fatal injuries by 45%.

Being buckled up during a crash helps keep you safe and secure inside your vehicle, as being completely ejected from a vehicle is almost always deadly.

Last year alone, seat belt use saved an estimated 14,955 lives throughout the country. You, too, can help decrease your potential for injuries or fatalities by wearing your seat belt each time you get into your or someone else’s car.

Have You Beed Injured in a Car Accident in California?

Although seat belts and airbags are designed to keep all motorists safer, injuries still occur during some vehicle collisions — especially those involving negligent drivers that catch other motorists by surprise.

If you have been injured by an impaired, speeding, distracted, or otherwise negligent driver, contact our experienced Fresno auto accident attorney at Law Offices of Frank M. Nunes Inc today by calling 559-436-0850 or contact us online to schedule a free consultation to discuss your legal rights and options to hold the liable party accountable for your complete financial recovery.

Beware of Back-to-School Dangers on Our California College Campuses

Friday, August 19th, 2022

At Nunes Law, our Fresno personal injury lawyers know that heading back to school is an exciting time for college students throughout California. Here, with nearly 25,000 students attending Fresno State, the uptick in pedestrian, bicycle, scooter, and vehicle traffic is palpable with each new semester.

Unfortunately, more traffic, walkers, joggers, and people in general on our roadways, streets, and sidewalks often leads to more accidents, injuries, and tragic fatalities when negligence is a factor.

When collisions, slip and fall incidents, or intentional harm befalls college students, it can impact their futures and overall success. They may be forced to withdraw from classes, forego their extracurricular activities, or miss the college experience altogether.

Here are just some of the common and preventable accidents that occur on our California campuses.

Increased Car and Pedestrian Accidents

According to the California Office of Traffic Safety, on average last year, a traffic crash with injury or death was reported every three minutes throughout the state.

When school is back in session, the risk of an accident increases with the additional traffic, but other factors also play a role.

New students or family members who are escorting them to school may not be familiar with the area, leading to a reliance on GPS or other distractions that can cause accidents without notice.

More pedestrians and bicyclists can add to the dangerous conditions as they cross streets and crowd common areas on and around campus.

No matter how you are getting around Fresno, or another California college town, it is important to give your full attention to your surroundings to help mitigate the risks associated with heavy foot and vehicle traffic.

However, our Fresno personal injury attorneys understand that it is impossible to control the actions of negligent drivers or property owners. If you have been injured because of another party’s negligence, we want to help you tell your story. Contact us today to learn more.

Premises Liability Claims, including Slips, Trips, and Fall Injuries

College campuses require a lot of upkeep to ensure the premises are safe for students, faculty, staff, and other third parties who visit or use the facilities throughout the school year.

When spilled drinks or food, broken stairs or elevators, or poorly lit areas lead to slips, trips, and falls, the property owner — whether it is the university, a restaurant, bar, or another facility — must be held liable for our client’s damages.

If you have been injured by an impaired or otherwise negligent driver, contact our experienced personal injury attorneys in Fresno at Nunes Law today by calling 559-436-0850 or contact us online to schedule a free consultation to discuss your legal rights and options to hold the liable party accountable for your complete financial recovery.

 

Understand The Difference Between a Court Trial and a Jury Trial

Tuesday, July 19th, 2022

If you are filing a lawsuit, you may be asked by your attorney whether you want a court or jury trial.  You should know the differences and which is most likely better for your case.

A court trial is presented to and decided by the judge, whereas a jury trial incorporates a jury for the decision of the case.  In a court trial, the judge either already knows the law or should know the law, and this typically translates to less preparation being required going into the trial.  Disputes that are more based on context than emotion, such as a breach of contract, tend to be well suited for a court trial.

In contrast, jury trials often take more preparation and can last longer.  Jurors must be given instructions on the law.  They also must listen to the information being presented and then deliberate to reach a decision.  Jury trials are usually better suited for consumer or individual cases, which often may include an emotional or personal component.  Jury trials can lead to great results when the facts are in your favor in these types of cases.

There are strengths and weaknesses for each type of trial, depending and your type of case and the facts involved, so you should consult with your attorney regarding which choice would be best for you.  Watch the video to learn more.

If you have additional questions about your injury case or the differences between court and jury trials, I want you to call me at (559) 436-0850.  I welcome your call.  Visit our educational website at www.NunesLaw.com for more videos and media content from our law firm.

What is a Request for Production?

Wednesday, July 13th, 2022

In the course of your case one of the parties has made a request for production, and now you are wondering what that means.  It could mean a number of things depending on the case and context, but it generally means one side is asking the other side to bring forth an item or items so they can access and review them.

A request for production usually pertains to documents like medical records, a copy of a driver’s license, or financial reports.  However, it could be something broader than that, such as one’s shoes worn during a trip-and-fall case or the ambulance a person rode in on the way to the hospital.  It is a formal request that creates the obligation for the other party to seek and provide the item or information to their ability.

Sometimes it is not possible to comply with a request for production because the file does not exist or someone else has possession or custody of it.  For example, if a party requests documents pertaining to wage loss and the person in question is retired, then such documents would not exist.

Responding to a request for production can involve an objection with a written response if the request is improper, impermissible, or too unreasonably broad and difficult to collect.  Watch the video to learn more.

If you have additional questions about a request for production or your injury case, I want you to call me at (559) 436-0850.  I welcome your call.  Visit our educational website at www.NunesLaw.com for more videos and media content from our law firm.

What is a Petition to Compromise a Minor’s Claim?

Thursday, July 7th, 2022

You may have heard someone mention “minor’s comp” or “petition to compromise a minor’s claim” in the course of your case.  Now you want to know exactly what that means, and what it means for your case going forward.

Petition to compromise a minor’s claim, or “minor’s comp” for short, is a process in which the court must approve the settlement negotiated by the attorneys or parties when an underage person’s interests are involved.  An underage person cannot make their own decisions, so the parties, their attorneys, and the court must go through this process to determine and confirm the decisions on the underage person’s behalf.

This process involves the presentation of a lengthy form to the court, which they review.  The judge will look at all of the documents, the harms and losses to the minor, the settlement, the available money, any future medical care and other bills, and the attorney’s fees.  This is done to ensure the decision is fair to the child.

While there are many additional points considered in the process, this encapsulates the meaning and general purpose of a minor’s compromise.  Watch the video to learn more.

If you have additional questions about your personal injury claim or one involving a minor, I want you to call me at (559) 436-0850.  I welcome your call.  Visit our educational website at www.NunesLaw.com for more videos and media content from our law firm.

What To Do When the Careless Party’s Attorney Subpoenas All Your Medical Records

Saturday, June 18th, 2022

If you have a personal injury lawsuit against another party, they will want to obtain relevant facts regarding your medical condition(s) as they pertain to the case, and they’ll do that through a subpoena for your medical records.  Unfortunately, this sometimes results in a request for all of your medical records – even those that do not pertain to the case.

A subpoena is a summons by a court to compel testimony or produce evidence.  The other party only needs the records that are relevant to your injuries resulting from the incidents in question.  To seek more than that is a violation of your privacy, and you should seek to avoid having your medical records unnecessarily distributed.

The other party is not entitled to all of your records.  If the other party requested all of your records, then you should speak to an attorney to remedy this.  Attorneys can file a Motion to Quash in response to this situation.  While subpoena language is often very broad, these medical record requests are supposed to be narrowly prescribed to protect privacy rights and not discourage legitimate lawsuits for fear of loss of privacy.

Sometimes the subpoena will be limited to relevant records for the case, but the medical personnel may wrongly provide them all of your information.  This needs to be prevented, as well.  In our office, we handle that by calling the doctor’s office ahead of time to prepare them for the subpoena, and we let them know there will be a problem if extra information is provided to the other party.  Watch the video to learn more.

If you have additional questions about medical records and your accident case, I want you to call me at (559) 436-0850.  I welcome your call.  Visit our educational website at www.NunesLaw.com for more videos and media content from our law firm.

When Can I Sue the Parents of a Careless Child?

Sunday, June 12th, 2022

A child has caused harm to you or your property, and you are seeking to remedy your situation.  You now wonder whether you could sue the parents of the child whose carelessness led to the incident.

Parents are not responsible for the misdoings of their own children.  You generally cannot sue the parents of a child for that child’s negligence.  This fact may come as a surprise to all parties involved.

The exception to this rule is when there were prior instances of bad behavior. This requires that the parents were aware of these instances and that they did nothing to correct their child’s actions.  If those requirements are met, you may have a case against the parents.  Watch the video to learn more.

If you have additional questions, I want you to call me at (559) 436-0850.  I welcome your call.  Visit our educational website at www.NunesLaw.com for more videos and media content from our law firm.

What To Do if the District Attorney Calls After You Were Injured by a Drunk Driver

Tuesday, May 31st, 2022

If you have been injured by a drunk driver, you may be surprised to receive a call not from your own attorney, but from the district attorney or the defense attorney of the person who caused your injury.

It is common for both a civil case and a criminal case for a DUI to progress simultaneously, and the DUI criminal case often goes to trial faster than the DUI civil case.  This will often result in the district attorney contacting you to get testimony or to learn about the harms and losses you have suffered.  Occasionally, the defense attorney for the drunk driver will call, but that is far less common.

If you receive such calls and you already have an attorney, politely let the caller know the name and phone number of your attorney.  They will then call your attorney, who will clear the items to be discussed and arrange to help with the prosecution of the case.

If you do not yet have an attorney, contact us to discuss your case.  Watch the video to learn more.

If you have additional questions, I want you to call me at (559) 436-0850.  I welcome your call.  Visit our educational website at www.NunesLaw.com for more videos and media content from our law firm.

What is attorney client privilege

Sunday, April 3rd, 2022

In television and the movies we often hear actors portraying lawyers say something like, “That’s protected by the attorney–client privilege” in a tense, dramatic exchange.  This is an important privacy protection that affects what information can be shared, but it involves more than only the attorney and the client.

Attorney–client privilege is designed to make sure a client can be honest with their attorney without fearing the attorney will provide information to the other side.  These communications need to be done in a confidential setting, as loud discussions in a public setting cannot ensure privacy of information discussed.

Reasonable care must also be taken to ensure the communication remains private.  You need to know attorney–client privilege extends to the attorney’s assistants, paralegals, secretaries, and others involved when you call an attorney’s office.  The attorney’s staff is to maintain this privacy so the client is able to speak with them through the handling of the case.

The client is in control of privileged communications, as there are very few exceptions allowing the attorney to reveal client confidences.  Unless the client wishes to disclose the information, the attorney generally cannot do so.  Watch the video to learn more.

If you have additional questions about attorney–client privilege, or if you wish to discuss your personal injury case, I want you to call me at (559) 436-0850.  I welcome your call.  Visit our educational website at www.NunesLaw.com for more videos and media content from our law firm.

What To Do If You Are Served With a Subpoena

Sunday, March 13th, 2022

If you have been served with a subpoena, it likely came as a surprise.  The nature of the case may be a shock to you, and they did not consult with you before scheduling the date they want you to appear.  Perhaps you already have important plans that day.  Maybe you are simply unable to attend the deposition.  Now you’re wondering what to do next.

First, make sure you receive your witness fees.  While the amount can be trivial, you should still request them.  As of October 1st, 2020, the witness fees are $35 plus twenty cents per mile, both ways, to and from the point of appearance.

Next, if the date does not fit your availability, you can contact the attorney who has subpoenaed you by referencing their address and phone number.  Be honest with them, saying, “I’m willing to appear.  I’m willing to give testimony, but I can’t do it on the date that you’ve noticed me do it.”

Be sure to remain calm through this situation.  It may be a surprise, and it affects your plans, but you remain in control of your mindset as you navigate this process.  Watch the video to learn more.

If you have additional questions about responding to being served with a subpoena, I want you to call me at 559-234-0971.  I welcome your call.  Visit our educational website at www.NunesLaw.com for more videos and media content from our law firm.

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