
FAQ
Frequently Asked Questions of the California Personal Injury Trial Attorneys of Mary Alexander & Associates
The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances that must be taken into consideration by competent legal counsel. By contacting the San Francisco, California personal injury lawyers of Mary Alexander & Associates, you can receive a personal consultation regarding your specific legal claim.
- What is Personal Injury?
- What financial compensation can I recover in a personal injury claim?
- Under what circumstances can a wrongful death occur?
- Who can file a wrongful death lawsuit?
- What is strict or absolute liability with regard to a defective product?
- What are Aviation Accidents?
- What is medical malpractice?
- How do I begin a medical malpractice lawsuit?
- What is Nursing Home Neglect?
- What should I do if I've been injured in a slip & fall accident?
- What can I do right now to protect my rights?
- What are Maritime Accidents?
- What are Pharmaceutical Injuries?
- What is Primary Pulmonary Hypertension (PPH)?
Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases that involve a defendant and the State of California. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
- Auto Accidents (including multiple vehicle car wrecks)
- Other Vehicle Accidents (Aviation, Bicycle, Boat, Vessel, Cruise Ship, Motorcycle,
Railroad, Truck) - Burn Accidents
- Construction/On the Job Accidents
- Dangerous or Defective Products
- Dog/Animal Bites
- Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
- Nursing Home Abuse and Neglect
- Slip and Fall Accidents/Premises Liability
- Spinal Cord Injury
- Toxic Exposure
- Traumatic Brain Injury
If you have been injured in a car accident or other vehicle accident as a result of another person's negligent or deliberate actions, contact the San Francisco, California personal injury lawyers of Mary Alexander & Associates, today, to protect your legal rights and discuss the litigation options available to you.
What financial compensation can I recover in a personal injury claim?
Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
- Medical bills
- Lost income, including overtime wages
- Pain & suffering
- Physical disability
- Disfigurement
- Emotional trauma
- Mental disability
- Property damage
- Maintenance and Cure for seamen
Call the San Francisco, California serious injury lawyers of Mary Alexander & Associates to get advice about how much your injury claim is worth and protect yourself from having the insurance company pay too little.
Under what circumstances can a wrongful death occur?
Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:
- Medical malpractice resulting in a patient's death
- Neglect or abuse on the part of a nursing home that results in a patient's death
- Automobile, bus, train, airplane or other common carrier fatality accident
- Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.) resulting in death
- Death during a supervised activity (sports tournament, field trip, etc.)
The San Francisco, California wrongful death lawyers of Mary Alexander & Associates understand what it is like to lose a loved one and can help you through the legal matters that arise following a wrongful death.
Who can file a wrongful death lawsuit?
A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.
Pecuniary (financial) injury is the main way damages in wrongful death cases are computed. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, and/or deter others from behaving similarly. If you are considering whether you should file a lawsuit after a wrongful death has occurred, call the San Francisco, California wrongful death lawyers of Mary Alexander & Associates today for consultation and advice.
What is strict or absolute liability with regard to a defective product?
Strict or absolute liability means that the defendant is responsible for injuring another person regardless of negligence or intent. It means that the manufacturer of a product is liable for selling any defective product that is considered "unreasonably dangerous" and results in injury either to the buyer or someone else who uses it. In strict product liability, it is unnecessary to prove that the manufacturer was negligent; all you have to do is show that the product was defective, that it was allowed to be sold, and that the injuries were caused by the defect in the product.
Some instances in which the law might apply strict liability are with regard to product liability, abnormally dangerous or ultra-hazardous activities, and animal owner's liability. For example, a plaintiff may be entitled to compensation after a defective product injures him or her regardless of whether the manufacturer was actually negligent. If you or someone you know has been seriously injured by a defective product call the San Francisco, California serious injury lawyers of Mary Alexander & Associates, today for consultation and advice in dealing with your claim. Click here to learn information about Primary Pulmonary Hypertension (PPH).
Aviation accidents occur in a variety of different situations. While the most common aviation accidents are those involving commercial airlines, many accidents occur with private airplanes, as well as commercial and private helicopters. The leading causes of commercial airline accidents include engine failures, controlled flight into terrain, approach and landing, loss of control, runway incursions and weather (including turbulence). Private or "general" aviation accidents can include controlled flight into terrain, weather, loss of control and runway incursions.
Depending on the circumstances surrounding the accident, the investigation is conducted by one or more of the following agencies: National Transportation Safety Board (NTSB), Federal Aviation Administration (FAA), Transportation Security Administration (TSA) and Federal Bureau of Investigations (FBI). But, accident investigations may also involve foreign or local authorities, or the Departments of Justice, State and/or Defense. Agencies such as the American Red Cross, Department of Health and Human Services, and the Federal Emergency Management Agency may also be involved in providing services to victims and their families. The San Francisco, California aviation accident lawyers of Mary Alexander & Associates have the experience and reputation you need to stand up for your rights when you have been seriously injured or a death has occurred as the result of an aviation accident.
Medical malpractice is negligence committed by a professional health care provider-a doctor, nurse, dentist, technician, hospital, or hospital worker-whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence-that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient's condition. The San Francisco, California medical malpractice lawyers of Mary Alexander & Associates will stand up for your rights when you have been seriously injured or a death has occurred as the result of medical malpractice.
How do I begin a medical malpractice lawsuit?
If you think that you have a valid medical malpractice lawsuit, it is wise to seek out an attorney who specializes in medical malpractice. Medical malpractice is an extremely complicated area of law that raises many complex and intellectually difficult legal and medical issues. The San Francisco, California medical malpractice lawyers of Mary Alexander & Associates are skilled and dedicated to fighting medical malpractice and provide a free initial consultation to determine whether your case is worthy of further investigation. The California medical malpractice attorneys of Mary Alexander & Associates have a number of experienced experts who can determine not only whether the case is viable, but also how difficult the case will be to try before a jury should a lawsuit become necessary.
The State of California has special laws enacted for the specific purpose of protecting the elderly population (over 65) and dependent adults. These laws were designed to encourage victims and their attorneys to pursue legal cases against all persons or entities that abuse or neglect this vulnerable segment of society. Elder, disabled and dependent adults depend on nursing homes to provide most if not all of their daily care, which includes food, water, medicine, toileting, grooming, social and physical stimulation, as well as regularly being turned in their beds. However, because nursing homes are not sufficiently staffed, and the staff there is generally underpaid, millions of elder and dependent adults are repeatedly being neglected and abused. Signs of nursing home abuse and neglect include:
- Bed sores (pressure sores, decubitus ulcers)
- Burns
- Rapid weight loss
- Unexplained bruises
- Emotional withdrawal
- Malnutrition or dehydration
- Heavy sedation
- Inability of caretakers to explain patient's condition
Whether it is a single incident that causes injury or repeated neglect or abuse, the victim or his/her next of kin has a right to bring claims against the nursing home under the nursing home neglect laws. If the nursing home is found to be negligent or abusive, the victim and/or next of kin will generally be awarded monetary compensation and the nursing home could potentially lose its certification for failing to supply the expected care (leading to a loss of federal funding).
The best prevention of neglect and abuse is attentive family members, who, on an ongoing basis, are aware of the general health of their vulnerable relatives. If you suspect that you or a loved one is or was subject to an abuse or neglect, it is important to report that abuse or neglect right away. The San Francisco, California nursing home abuse lawyers of Mary Alexander & Associates have prosecuted many cases involving the abuse or neglect of the elderly and dependent and provide a free consultation to any individual who believes that abuse or neglect may have been committed.
What should I do if I've been injured in a slip & fall accident?
Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. The owner or possessor of a residence, land, or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises; i.e. individuals visiting for business or pleasure. In such cases, the owner, company, or person must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon said premises. Those injured by a negligent owner or possessor of a premises may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc. The San Francisco, California slip and fall attorneys of Mary Alexander & Associates stand ready to provide you with strong representation in your slip and fall case, and take the worries of dealing with insurance companies off your shoulders.
What can I do right now to protect my rights?
If you or someone you know in the San Francisco, California Bay Area, or anywhere within California need the representation or legal advice of an experienced personal injury lawyer, contact the attorneys of Mary Alexander & Associates, today at (888) 433-4448, or complete the contact form provided on this site to begin your free initial consultation with a skilled California serious injury attorney.
Admiralty or maritime accidents occur in a variety of different settings and concern injuries to merchant mariners, seamen or longshoremen aboard cargo ships, commercial fishing vessels to passengers on board ferries or cruise ships, and others. Federal law generally governs the injured party's claim, such as the Jones Act, the Death on the High Seas Act and/or the General Maritime Law, which includes negligence and a seaman's right to maintenance and cure (daily sustenance and medical care). Mary Alexander & Associates have the experience and reputation you need to protect your rights under admiralty and maritime law. Contact our San Francisco, California maritime personal injury lawyers.
What are Pharmaceutical Injuries?
Medications are meant to bring relief and healing, but some drugs have serious side effects that threaten patients' health and lives. Our firm has experience with product liability cases and can handle the complex process of negotiating and litigating claims against drug manufacturers. These pharmaceutical companies have a responsibility to ensure that their drugs are not unreasonably dangerous. If a problem with a drug becomes evident, the company must work with the Food and Drug Administration (FDA) to strengthen warnings or withdraw the drug from the market. This, unfortunately, does not always happen. Drugs like Fen-Phen, Baycol®, Rezulin®, Meridia®, and Propulsid have caused serious harm to many patients and killed others because of their manufacturers' hesitancy to recall their products. If you have been injured by a pharmaceutical drug, or have a potential product liability claim, contact our San Francisco, California product liability lawyers, who are not afraid of taking on the major pharmaceutical manufacturers of these types of drugs. Click here to learn information about Primary Pulmonary Hypertension (PPH).
What is Primary Pulmonary Hypertension (PPH)?
Primary pulmonary hypertension (PPH) - Medical professionals have linked primary pulmonary hypertension to patients who have taken the diet drug "Phen-fen." Our firm is experienced in handling cases involving this type of heart condition.
Primary pulmonary hypertension is a condition where the blood flow that leaves the right side of the heart faces a higher pressure than normal. People suffering from primary pulmonary hypertension have an increased amount of muscle in the walls of their lungs, causing a higher resistance to blood flow. The right ventricle must work harder to pump blood out to the lungs. Eventually, the right side of heart will thicken and enlarge. With time, the extra work results in heart failure.
At birth, most people have high pressure in the lungs which quickly return to normal once their body adjusts to living outside the womb. Beyond birth, 8 out of 100,000 people suffer from primary pulmonary hypertension. Women between the ages of 20 and 40 are most at risk, especially if they have a family history of primary pulmonary hypertension or sudden death.
Primary pulmonary hypertension occurs at any age, including teenagers. People who have a family history of this condition should seek medical attention. Recently, there has been an increase in patients with primary pulmonary hypertension who have taken "Phen-fen," a combination diet drug. Therapy available merely controls the PPH side effect of high blood pressure. It does not save the patient from eventual heart valve damage. A single or bilateral lung transplant remains the most viable treatment option. Signs of primary pulmonary hypertension include:
- Shortness of breath during activity
- Breathing harder and faster
- Fatigue and weakness
- Fainting spells
- Lightheadedness or dizziness
- Coughing up blood
- Blue tinge to lips hands and feet
If you have experienced any or all of these symptoms, visit your health practitioner immediately. Here you will find a dedicated website resource on Primary Pulmonary Hypertension. Click here to read more about how our PPH Lawyers can help you.
If you have taken the drug "Phen-fen" or any other over-the-counter prescription drugs and are experiencing serious side-effects, contact us today for important information regarding pharmaceutical litigation.
Please click here to read about your Primary Pulmonary Hypertension Legal Rights.
- Admiralty and Maritime Accidents
- Aviation Accidents
- Bicycle Accidents
- Bus Accidents
- Business Torts/Litigation
- California Workers' Compensation
- Car Accidents
- Class Action Cases/Derivative Class Actions
- Construction Accidents
- Defective Products/Products Liability
- Medical Malpractice
- Mesothelioma
- Motorcycle Accidents
- Nursing Home Abuse and Neglect
- Pedestrian Accidents
- Pharmaceutical Injuries and Death
- Slip and Fall / Premises Liability
- Spinal Cord Injuries
- Tainted Food Products
- Traumatic Brain Injury
- Truck Accidents
- Wrongful Death
San Francisco workplace injury lawyer Mary Alexander reports Cal/OSHA is expected to probe an accident that left a Sonoma-Marin Fair employee seriously injured.
San Francisco wrongful death attorney Mary Alexander reports Enterprise Rent-A-Car was faulted in a motor vehicle collision that resulted in two fatalities.




