The Cochran Firm Legal Blog

A wrongful death is a death that has occurred due to the negligence, recklessness or wrongful actions of another individual. A wrongful death may happen as a result of medical malpractice, a work-related injury, a defective product, an accident or be the result of an intentional act of violence. When negligence, recklessness or willful acts cause the death of a loved one, the loss is even harder to accept. In addition to the overwhelming feelings of pain, grief and loss, family members must cope with a future without their loved one.

In the case of a wrongful death, the survivors may be able to recover damages for hospital and medical expenses, funeral and burial expenses, reimbursement for lost future financial support and compensation for the loss of companionship, love and moral support of the deceased.

The compassionate wrongful death attorneys at The Cochran Firm are experienced and dedicated and also understand the scope of the loss of a family member and what it takes to secure the futures of those left behind. While your loss can never be fully compensated, our goal is to hold those responsible for your loss accountable and provide fair and just compensation for the survivors.

If you live in San Jose, California or the surrounding area and a family member has been the victim of a wrongful death, please contact the experienced wrongful death attorneys at The Cochran Firm today.

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A traumatic brain injury (TBI) has a devastating impact on the victim as well as their family for a long time after the injury occurs. There are over five million people dealing with the disabilities associated with a traumatic brain injury in this country today that were caused either by motor vehicle accidents, falls, sports-related injuries or criminal assaults.

The most common symptoms associated with a mild traumatic brain injury may include a brief period of unconsciousness, headache, confusion and dizziness, difficulty concentrating and blurred vision. A moderate to severe TBI is most often associated with a persistent headache, nausea and vomiting, seizures, deep confusion and coma, and often is fatal. Victims of a severe traumatic brain injury usually need months, years and sometimes lifetime physical, emotional and financial support to cope with the challenging effects of their TBI.

When you are confronted with the costs of long term medical care needs it is important to recover the costs associated with future medical treatments, nursing care, medical equipment and medications and lost earning potential. The traumatic brain injury attorneys at The Cochran Firm have the experience and knowledge to work with healthcare professionals to evaluate the extent and nature of your injury. They will use that knowledge in their determination to obtain fair and just financial compensation for the injury you have suffered.

Please contact the San Jose, California office of The Cochran Firm today if you or someone you care about has been the victim of a traumatic brain injury and allow our experienced TBI attorneys to evaluate your case and begin the process of securing your future and the future of those you love.

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Motorcycle riding is a thrilling and popular pastime for many Americans, and dangerous as well. Riding a motorcycle requires training, skill and knowledge of the rules of the road for a rider to remain safe and keep the roads safe for others.

In order for a motorcycle rider to maintain their safety it is important for them to follow some important guidelines for riding, such as attending a motorcycle training course, choosing a motorcycle that fits them physically, never riding without personal protective gear, using headlights and signals both day and night, never driving under the influence of alcohol or drugs, and treating other motorists with courtesy and respect.

Common causes of motorcycle accidents include driver negligence and the failure to yield the right of way, hazardous weather or road conditions and driving under the influence of alcohol or drugs, including prescription medication.

The Cochran Firm has motorcycle accident attorneys that are well versed in handling all aspects of motorcycle accident injury cases and they are available to evaluate your case and discuss what options are open to you.

If you live in the San Jose, California area and have been involved in a motorcycle accident or lost someone you love to injuries sustained in a motorcycle accident, please contact The Cochran Firm today so our motorcycle accident attorneys can begin the process of holding those responsible for your losses legally accountable.

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Typically, automobile accidents at intersections involve left-turning vehicles that are attempting to cross on-coming traffic, the failure to yield the right of way or the failure to obey stop signs or traffic lights. Failure to yield the right of way, driving through a stop sign or ignoring a traffic signal at an intersection is responsible for almost 45% of all fatal automobile accidents.

Obscured stop signs, faded or missing stop signs and malfunctioning traffic lights, along with faulty intersection design are responsible for motor vehicle accidents at intersections also. The experienced California automobile accident attorneys at The Cochran Firm have road design engineers, accident investigators and experts in many fields available to assist in the determination of possible negligence on the part of municipalities for an accident at an intersection.

Automobile accidents at intersections often result in devastating injuries like traumatic brain injuries, spinal cord injuries, severed limbs, broken bones and massive soft tissue trauma. You should be financially compensated for any expenses caused by someone else’s negligence due to your injuries, such as medical and long term care expenses, the loss of income, your pain and suffering, and in the case of a wrongful death, the survivors are entitled to damages for their losses also.

If you or someone you love was injured or killed at a dangerous intersection in the San Jose, California area, please contact The Cochran Firm today to schedule a private consultation at no cost to you to protect your legal rights and to learn how to proceed with your case.

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"Premises liability" is a legal term that refers to the responsibility of certain people or entities for injuries and costs to others stemming from the ownership of property where the injury or damages occurred.

Under California law, there must be negligence on the part of the property owner in order for them to be held legally responsible for injuries or damages sustained on their property. The simple fact of owning a property does not make the owner legally responsible for injuries or damages that occurred on their property.

Some common types of injuries often involved in premises liability lawsuits include slip or trip and fall accidents, dog bites, construction accidents or accidents involving repairmen, swimming pool drownings or diving board accidents, injuries from exposure to hazardous or toxic substances, fires, inadequate security at malls or office buildings, poor lighting in parking garages or parking lots leading to criminal assaults.

Premises liability lawsuits are complex and most likely involve property insurance issues that only an experienced premises liability attorney can decipher and pursue to provide adequate compensation for the injuries you have suffered.

If you or a loved one has suffered an injury on someone else's property, please contact the San Jose, California office of The Cochran Firm today to schedule a confidential consultation, at no cost to you, to learn how to proceed with your case and obtain the financial compensation you deserve.

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Over twenty million adults suffer from chronic kidney disease in the United States. Several hundred thousand people must undergo kidney dialysis treatments every year to sustain life. Kidney dialysis treatments themselves are not without risks. People die or are seriously injured unnecessarily every year due to medical negligence during their kidney dialysis treatments.

Kidney dialysis errors can include errors in the administration or dosage of medications, vascular access injuries, excessive blood loss, failure to properly monitor blood pressure levels, injuries sustained in falls at the kidney dialysis facility, and the failure to clear dialysis machines of cleaning solutions effectively. The incidence of reported kidney dialysis errors numbers in the thousands each year in the United States.

If you or someone you care about has been injured or died due to an error while on kidney dialysis treatment, you should consult an experienced medical malpractice attorney familiar with kidney dialysis treatment errors without delay.

If you are a resident of the San Jose, California area, please contact The Cochran Firm today to schedule a consultation at no cost to you with an experienced medical malpractice attorney and the legal team there ready to provide their knowledge and skill to work together to protect your legal rights and get you the financial compensation you deserve.

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Truck accidents involving vehicles the size of tractor trailers, 18 wheelers, semis and other large freight carriers can cause catastrophic damage. When these giant trucks crash they can spill hazardous cargo that can endanger the surrounding area, roll-over, cause multi-vehicle pileups and annihilate a passenger vehicle.

Truck accidents cause damage to property and injury, disability and death to people. The medical expenses involved in the care and treatment and recovery of injuries sustained in a truck accident can last for months or even years, depending on their severity. Injuries from a truck accident are among the most devastating seen and can include broken bones, loss of limbs, severe burns, traumatic brain injury, spinal cord injury, and paralysis. In a worst case scenario, the family of truck accident victim could be left with funeral and burial costs.

If you have been in a truck accident, you will need the services of an experienced truck accident attorney like those with The Cochran Firm. Whether you are filing a claim for financial compensation for expenses incurred as a result of a truck accident or claiming wrongful death, you should speak to an attorney with knowledge and experience in that field of law.

We encourage you to contact the San Jose, California office of The Cochran Firm today to make certain you have proper legal representation in your fight against the trucking company and obtain the financial compensation to which you are rightfully entitled.

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Researchers at the University of Texas Southwestern Medical Center published their findings in "Neurology" in 2008 of a number of patients who used denture cream adhesive who developed neuropathy and other neurological symptoms consistent with copper depletion and zinc poisoning. These symptoms included numbness or tingling of the extremities, loss of mobility of the legs, feet, arms and hands, unexplained pain in the extremities, and poor balance. The symptoms appeared more severe in people who used large amounts of the denture cream adhesive for poorly fitting dentures.

Denture cream adhesives, such as Fixodent, Poligrip and Super Poligrip contain the mineral zinc. Large amounts of zinc can cause zinc poisoning and copper depletion if used over a long period of time.

Many of the over 35 million American who wear dentures are totally unaware of the link between using denture cream adhesive and the reported neurological symptoms found in many users.

Denture cream adhesive manufacturers should be held accountable for failing to warn consumers of the possible dangers of their product and failing to market a product that is safe.

If you or someone you care about has used denture cream adhesive and are exhibiting the neurological symptoms associated with zinc poisoning and copper depletion, please contact the San Jose, California office of The Cochran Firm today to consult with an experienced attorney at no cost to you, to protect your legal rights and hold the manufacturers responsible for your injuries.

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A spinal cord injury usually results from a sudden blow to the spine that fractures or dislocates vertebrae. Damage occurs when bone fragments or ligaments bruise or tear spinal cord tissue. It is rare that the spinal cord is actually severed. Some injuries to the spinal cord allow for a complete recovery, while other injuries to the spinal cord result in total paralysis.

Emergency treatment and aggressive care and rehabilitation can minimize the damage to the nervous system and restore limited abilities. Spinal cord injuries are classified as either complete or incomplete. An incomplete spinal cord injury means the ability of the spinal cord to function is not completely lost. Those people with an incomplete injury retain some motor or sensory function. A complete spinal cord injury means that there is a total absence of motor or sensory function below the level of the injury.

Automobile accidents are a primary cause of spinal cord injuries, with falls and sports related accidents also cited as contributing factors in this type of injury. Spinal cord injuries invoke feelings of hopelessness and fear in the victim and family members which can be aided to some extent by engaging in discussions with your healthcare team and obtaining as much useful information as possible about the available care and treatment.

If you live in the San Jose, California area and you or a loved one has suffered a spinal cord injury, please contact the experienced spinal cord injury lawyers at the San Jose, California office of The Cochran Firm today to schedule a confidential consultation, at no cost to you to discuss what options you may have to secure financial compensation for your injury.

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Wrongful death is a legal term that is used to describe a death that occurs due to the negligence or willful actions of another, and states that the survivors, heirs and beneficiaries are entitled to monetary compensation as a result of the death.

A wrongful death can result from medical malpractice, an automobile accident, a criminal act, the use of a defective pharmaceutical or product, a fall, or any means by which someone dies due to the negligence or actions of another.

Each state has a statute of limitations for filing a wrongful death claim which usually varies from one to three years. If a family member or the person who was responsible for your financial support has died as a result of the actions or negligence of another, you may be entitled to compensation for your losses.

Compensation in a wrongful death claim may include the cost of medical expenses, hospital bills, funeral and burial costs, compensation for the victim's pain and suffering prior to death, loss of financial support and pain and suffering for the survivor's loss.

Laws regarding a wrongful death claim are very complex. It is important to protect your legal rights by consulting with an experienced wrongful death attorney to ensure those responsible for your loss are held legally liable.

If you live in San Jose, California or the surrounding area, and you have lost a loved due to a wrongful death, please contact an experienced wrongful death attorney at the San Jose, California office of The Cochran Firm today to schedule a confidential consultation at no cost to you to ensure your rights are protected and the responsible party is held accountable.

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Many people are seen in emergency rooms because of myocardial infarctions (heart attacks) and appendicitis, two of the top five diseases or conditions associated with medical malpractice. It is no wonder than that emergency room visits generate a high rate of medical malpractice lawsuits. Nearly half of all medical malpractice incidents begin in an emergency room.

Some reasons why emergency rooms have such a high rate of medical malpractice lawsuits are they are overcrowded and understaffed, it is a high stress environment and the physicians are unfamiliar with their patient's history. Some staffers are inadequately trained, and mistakes are made with record keeping and medication administration.

Overcrowding and understaffing leads to failures to evaluate the patient in a timely manner, misdiagnoses, delayed diagnoses, laboratory errors and inappropriate medication administration.

Emergency room malpractice can lead to permanent impairment and even death. Compensation for your injuries can include damages for medical expenses, loss of wages, loss of future earning potential, long term care costs and funeral and burial expenses.

If you reside in San Jose, California and you or a family member has been the victim of medical malpractice, you should contact the San Jose, California office of The Cochran Firm today to schedule a confidential consultation at no cost to you to learn about your legal rights.

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Someone is killed in an automobile accident every thirteen seconds in the United States. Driver error accounts for ninety-five percent of those accidents. Mechanical error and poor road conditions are implicated in the other five percent of accidents.

Driver error includes speeding, tailgating, driving while under the influence of alcohol and/or drugs, ignoring traffic safety signs and traffic lights, aggressive driving behaviors and cell phone use while operating a vehicle.

There are over six million automobile accidents every year and the cost of these accidents is estimated at over a quarter of a billion dollars, three million people injured and forty-five thousand fatalities.

If you have the misfortune to be involved in an automobile accident it is important that immediately following the accident you remain calm and check for injuries then call 911 and/or the police. If it is safe to do so, you should move your automobile off the road to a safe place, notify your insurance agent, and try to photograph the accident scene or make notes of what happened. Do not leave the scene of the accident before the police arrive.

If you live in San Jose, California or the surrounding area and you have been involved in an automobile accident, please contact the San Jose, California office of The Cochran Firm today to schedule a confidential consultation with an experienced automobile accident attorney at no cost to you to protect your legal rights.

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An off duty police officer attempted to subdue a man in a parking lot with pepper spray after observing him in an argument with his wife. A few moments later, fellow officers arrived and beat the man with batons and repeatedly used Taser stun-guns to subdue him. After the beating and the use of the stun-gun, the man went limp and was pronounced dead.

The wrongful death of this man was reportedly due to heart failure caused by the many jolts with the stun-gun and the struggle with the police. This wrongful death case was settled for $70,000 and is the first case to be settled that has been linked to a police stun-gun death in San Jose.

We expect everyone to act responsibly, especially those committed to upholding the law. If you have lost a loved one due to the personal injuries sustained in an accident, medical malpractice, or a situation such as this beating, you are entitled to compensation. There are several factors that the courts consider when they determine the sum of compensation you will receive. These factors include:

• The salary earned by the deceased
• The mental anguish suffered from the loss of companionship
• The amount of medical and funeral expenses incurred due to the loss
• The level to which the remaining family members were financially dependent on the deceased

Losing a loved one is devastating and knowing what steps to take next is difficult. Please contact the Cochran Firm's Wrongful Death Lawyers at the San Jose, California office to schedule a confidential, no cost consultation.

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Elderly people in nursing homes are some of the most vulnerable members of the community. Formerly independent and self-sufficient men and women must depend on others for their daily needs, safety and emotional well-being. Even though they deserve the best care, many senior citizens find themselves in less than ideal surroundings.

These vulnerable and often frail men and women sometimes suffer physical, mental, emotional and sexual abuse at the hands of the very people entrusted with their care. They suffer bedsores, malnutrition, dehydration and falls.

Residents of nursing homes are guaranteed certain rights under the law. Above all they have the right to be treated with consideration, respect and dignity and to have safe, clean and decent living conditions.

Most families and friends that visit nursing home residents find them reluctant or unable to communicate instances of abuse and neglect, some simply cannot communicate and some fear retribution for speaking the truth.

If you live in St. Louis, Missouri or the surrounding area and you know or suspect your loved one is the victim of nursing home abuse or neglect, please contact an experienced nursing home abuse attorney at The Cochran Firm's San Jose office today to schedule a confidential consultation at no cost to you to learn about your legal rights in this case and whether you are entitled to compensation.

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