Author: MichaelEhline

Dumpster Diving Woman Ends up in Garbage Truck – Can She File a Claim?

Written by MichaelEhline on November 29, 2024. Posted in California Accident Injury News.

We’ve all heard the famous phrase, “one man’s trash is another man’s treasure,” and it’s true. At times one can spot valuable items in a dumpster left by a moving tenant. One recent incident saw a dumpster diver’s expedition become a garbage truck nightmare.

Let’s explore the details of the news with the Los Angeles trash truck lawyers at Ehline Law and our personal injury attorneys.

47-year-old Woman Suffers Injuries after Her Dumpster Diving Expedition

On September 26, 2022, a 47-year-old woman ended up in a garbage truck and suffered injuries during her dumpster diving expedition.

Odessa Police Report Confirms Woman Was Digging Through a Dumpster at 6 AM

According to an Odessa police report, a woman was digging through a garbage dumpster at about 6 AM on the 500 block of West 42nd when a garbage disposal vehicle picked up the dumpster and emptied it in the back.

The Dumpster Diving Woman Reaches out to Police 25 Minutes Later

The woman called the police 25 minutes later to explain her situation.

However, the law enforcement officers took 2 hours to find the woman as it was difficult to track her without much information.

Facebook Content Causes Stir Online about “Dead Body”

Someone saw the woman’s body in the landfill dumpster and reported the incident on Facebook.

The social media content caused a stir online, as many believed the woman to be dead.

Authorities Tracked the Woman 2 Hours after the Incident Happened

Odessa Fire Rescue Chief John Alvarez was the first to arrive at the landfill, where the dumpster eventually ended.

According to Alvarez, the woman suffered minor head and back injuries when thrown into the garbage truck.

Is Dumpster Diving Legal in the United States?

Technically, dumpster diving is legal in all 50 states as long as it is not on private property. However, checking your city ordinances before embarking on a dumpster diving expedition is crucial.

In the 1988 State of California vs. Greenwood case, the Supreme Court ruled that it is legal to search the trash as long as it does not interfere with city ordinances.

Trash on the curb becomes “public domain,” which means the Fourth Amendment does not apply. Anyone can then rummage through it without breaking any violations unless the city ordinance prohibits dumpster diving.

What Are the Injured Woman’s Rights in “Dumpster Diving Woman Ends up in Garbage Truck Incident”?

The main question is, “can the woman recover compensation from the City of Odessa for her injuries?”

Since the incident occurred in Odessa, the woman cannot recover compensation from the government agency for her injuries, as dumpster diving violates the city ordinance and is a misdemeanor punishable by a fine of up to $2,000.

Schedule a Free Consultation with Ehline Law

If you suffered injuries due to a government agency’s negligence, contact us at (833) LETS-SUE for a free consultation, as you may qualify for compensation.

Preventing Fires and Carbon Monoxide Exposure Throughout The Summer

Written by MichaelEhline on November 29, 2024. Posted in Burn Injury Blog.

Carbon monoxide (CO) is often referred to as a slow poison or a slow killer, and winters are notorious for CO poisoning. Many residents use heating appliances, gas stoves, and other heating devices to warm their homes during the harsh winters.

However, it is not just the winters that welcome the slow killer; there have also been many carbon monoxide cases during the summers. So, how many people does carbon monoxide kill in the country? According to the Centers for Disease Control, more than 400 CO poisoning victims lose their lives annually in the country. There are around 50,000 plus patients in emergency rooms and 300 annual patients who end up requiring intensive treatment for CO poisoning due to someone else’s negligence.

If you or someone you know has gotten injured or hurt due to CO poisoning, contact Ehline Law and our Los Angeles carbon monoxide lawyers immediately to evaluate your case.

Carbon Monoxide Poisoning During Summers

Carbon monoxide results from combustion from certain appliances, mainly fuel-burning appliances, which can be at home or outdoors. During summer, appliances like kerosene burners, charcoal-burning barbeque grills, lanterns, fire pits, and more spread a lot of carbon monoxide into the surroundings.

Carbon monoxide is the fourth leading cause of death in the United States because of the country’s traditions and cultures. Many states here take pride in delivering some of the best BBQs in the country, and where there is BBQ, there is a potential threat of carbon monoxide poisoning. However, these are all outdoor items, and using them outdoors with the proper safety equipment can help prevent carbon monoxide poisoning.

Some equipment is located indoors, and leaks can potentially cause CO hazards. Equipment that requires gas, such as natural gas refrigerators, fuel-burning space heaters, stoves, dryers, and more, is a massive concern during summers in case of carbon monoxide leaks.

In addition to these types of equipment and appliances, CO poisoning can happen from boats, cars, and even power generators. There have been cases where people leave their cars idle or turn their generators on during a power outage in their garage. This builds up a lot of CO if proper ventilation is not provided.

Replacing Carbon Monoxide Alarm

Many of us have carbon monoxide alarms fitted in our homes, but we rarely check if the batteries are working. Secondly, just like any other product with expiration dates, carbon monoxide alarms have a lifespan of five years. After five years, homeowners must replace the alarms to prevent carbon monoxide poisoning during equipment gas leaks.

If the CO detector does not have an expiration date and you can’t recall the last time it was changed, it is time to replace it.

Carbon Monoxide Poisoning Symptoms

Carbon monoxide is deadly for two reasons, and these are:

It doesn’t have any smell
It is odorless.

Due to these two properties, it is very difficult to determine if a house has a leak or not, and during this time, there can be a CO buildup.

However, if you suspect carbon monoxide poisoning, you must look for symptoms like nausea, rapid heart rate, headache, drowsiness, fatigue, and flu. These are some of the most common symptoms of CO poisoning. However, there can be others as well. CO affects the tissue and leads to brain damage.

Follow These Carbon Monoxide Safety Tips

Although CO poisoning is a slow death, it is preventable by having a CO alarm and following safety tips. Here are a few safety tips to ensure your and your family’s safety.

Ensure Proper Ventilation

Many people have a lot of fuel-burning equipment inside their homes, but that doesn’t mean you should get rid of them. Proper ventilation ensures leaks or gases leave the house rather than spread inside.

Check your stove or fireplace; there might be a broken chimney connector pipe that needs to be replaced. If your chimney is blocked, call a professional chimney sweep.

Understanding Symptoms

Above, our Los Angeles burn injury attorneys already discussed the different symptoms you might start to have if exposed too long to carbon monoxide. These symptoms begin by disguising it as a sort of flu, eventually developing more as tissue and brain damage occur. It can be too late to realize that you have CO poisoning and brain damage if you’re unaware of your surroundings or how you feel.

Consider the following signs as CO poisoning:

Feeling great away from home
The entire household has flu-like symptoms
Pets are starting to get sick
No swollen nodes or infections that come with the flu.

Install CO Alarms

Install and maintain CO alarms, as this will help prevent CO poisoning from happening in your homes. Alarms or CO detectors have a useful life; crossing that longevity can result in a faulty product that may not detect gas leaks. According to California Law, homeowners must install CO alarms in every room with fossil-fuel appliances. Besides that, installing CO detectors on every level of home bedrooms, inside each sleeping area, and outside each sleeping area can help detect any leak and wake you up at night when you’re asleep.

You can also install CO alarms outside to take preventive measures and protect the vulnerable group outdoors.

Keep the Vulnerable Away from Fossil-fuel Equipment

Even if you’re barbecuing outdoors, you must keep the vulnerable away from such outdoor activities. Grill smoke can severely affect children, the elderly, and those with respiratory conditions if exposed for too long.

Contact our Los Angeles Carbon Monoxide Lawyers Today

You may be eligible for compensation if you’ve gotten hurt or injured from CO poisoning due to someone else’s negligence.

Contact us at (213) 596-9642, and our attorneys will assess your CO poisoning case, determine your claims, and file a lawsuit against the negligent party. While you recover, we will deal with the insurers and get you the compensation you deserve.

Citations

https://www.health.state.mn.us/communities/environment/air/toxins/index.html

https://www.resideo.com/us/en/corporate/newsroom/featured-articles/summer-an-unsuspected-season-of-carbon-monoxide-dangers/

https://www.creia.org/california-carbon-monoxide-law-takes-effect/

Serious Burns Can Lead to Disfigurement and Mental Anguish?

Written by MichaelEhline on November 29, 2024. Posted in Burn Injury Blog.

Radiation, electrical, fire, and chemical burns are some of the different types of burns that can occur to anyone. More burn injury victims are surviving than before due to advanced medicine and better medical burn treatment facilities.

However, with survivability comes psychological challenges such as depression, anxiety, reduced self-esteem, and a more hindering path to recovery.

There are three stages for physiological recovery from burn injuries, and they are critical, acute, and long-term rehabilitation.

Third-degree Burns Deal the Most Serious Burn Injuries

A first-degree burn can cause slight redness or, in extreme cases, swelling to a small surface area, but burn victims can treat first-degree burns at home.

Second-degree burns are more profound, resulting in dead tissue cells and burned skin. These can cause blistering and are extremely painful. Although second-degree burns can bbe classified as a severe burn injury, a third-degree burn is the most dangerous as it reaches the fat and bones in the human body and covers a more significant body surface area.

All these burns can leave temporary and permanent scarring depending on the following:

The intensity of the burn
The duration a victim gets exposed to it
The total body surface area of the burn.

Severe burns lead to disfigurement that requires long-term medical treatments and also psychological treatment as the victim faces social challenges.

Let’s explore the psychological challenges that come with such severe burns.

Psychological Challenges from Severe Burn Injuries

Critical stage: This is a stressful stage when a burn victim ends up in an intensive care environment. They start to think about their life and whether they will make it. Such environments can lead to drowsiness, confusion, and even disorientation. Due to the high dosage of drugs to minimize pain and the spread of infection, patients may start to feel psychotic reactions. Since physical survival is of utmost importance in this phase, doctors and nurses do not tend to focus much on psychological treatment. The only psychological interventions that occur concentrate on sleep and reducing pain.
Acute: Although this stage includes painful treatments, burn patients receive restorative care as they are more aware of their surroundings and situations. Burn patients are off sedatives in this stage, and due to this, they start to exhibit symptoms of depression, anxiety and reduced self-esteem. Although severe burn injuries are painful even after the first month, patients also begin to develop post-traumatic stress disorder and reduced self-esteem. The severity of the depression correlates to the pain and the social support victims receive from family, friends, and the medical staff. Counseling, drugs, and relaxation techniques are some of the treatments to cure or minimize depression at this stage.
Long-term rehabilitation: When patients get discharged, they need to be part of society again, which is when the long-term rehabilitation stage starts. Burn patients might require skin graft surgeries after discharge or dressing changes, and stress levels can be exceptionally high during the first year of discharge. Besides the daily hassles faced by burn injuries, victims require constant social support to combat the slow depression that takes over. There are many hospital-based programs for burn patients to enroll in and be part of the community, once again helping them recover and improve their self-esteem, anxiety, and depression.

Contact Ehline Law for Your Burn Injury

If you’ve gotten burn injuries due to someone else’s negligence, contact our burn injury lawyer at (213) 596-9642 for a free case evaluation, as you may be eligible for compensation. An Ehline Law burn injury attorney can help assess your case, determine your claims, and file a burn injury claim against the negligent party to get you the compensation you deserve.

Citations

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC509350/

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3038408/

Uncovering the Truth: The Essential Stages of Death Investigation

Written by MichaelEhline on November 29, 2024. Posted in Death Law Blog.

Death is an inevitable part of life and a natural process that everyone will eventually experience. However, when a death is sudden, unexpected, or suspicious, it becomes a matter of concern, and a thorough investigation is necessary to determine the cause and manner of death.

A death investigation is a complex process that requires a multidisciplinary approach involving law enforcement agencies, medical professionals, and forensic specialists. Ehline Law and our personal injury wrongful death attorneys will discuss the stages of the death investigation to help you understand what happens behind the scenes after losing a loved one.

The Importance of Death Investigation

A death investigation is crucial in unexpected, unexplained, or suspicious deaths. A death investigation aims to determine the cause and manner of death. The cause of death refers to the underlying medical condition or disease that led to the person’s death, while the manner of death refers to the circumstances surrounding the person’s death. The five manners of death are natural, accidental, suicide, homicide, and undetermined.

A death investigation involves a systematic and thorough approach to collecting, analyzing, and interpreting evidence to determine the cause and manner of death. It requires collaboration among agencies, including law enforcement, medical examiners, and forensic specialists. The ultimate goal of a death investigation is to provide answers to the deceased’s family and bring closure to the case.

Stages of Death Investigation

The death investigation process involves several stages, each of which plays a crucial role in determining the cause and manner of death. The following are the stages of death investigation.

Notification and Initial Response

The first stage of death investigation is notification and initial response. This stage begins when someone reports a death to the appropriate authorities, such as the police or the medical examiner’s office. Authorities then respond to the scene to secure the area and collect evidence. The initial response involves ensuring the scene’s safety, identifying and separating witnesses, and preserving evidence.

The first responder’s role is critical in death investigations. They are responsible for securing the scene and collecting initial evidence. They must take steps to prevent contamination of the scene and ensure that evidence is not destroyed or tampered with.

A medical examiner or any other law enforcement officer may carry out the following:

Interview the witnesses
Record the deceased’s demographic information
Records down their medical history
Take pictures of the decedent and the accident scene
Gather information that could help determine how the death occurred
Collects other relevant evidence or items to help with the investigation.

Forensic investigators at the accident scene have the skills to immediately estimate the time of death by assessing the decomposition process, and they can determine the cause of death and death manner by checking the body for signs of trauma, cuts, or bruises.

They will collect physical evidence, such as fingerprints, DNA samples, and bodily fluids. Investigators will also look for signs of trauma, such as bloodstains, gunshot wounds, or bruises. The investigators will also search for any weapons or objects that may have led to the person’s death.

The scene investigation is crucial in determining the cause and manner of death as it provides valuable information about the person’s activities before their death, potential witnesses, and potential suspects.

Transporting the Body

When the medical examiner properly examines the body at the accident scene, they may require the emergency services to transport it to the local Coroner’s office for further physical examination.

Post-Mortem Examination

The post-mortem examination involves a thorough examination of the body to determine the cause and manner of death. It may include toxicology, histology, and microbiology tests and aims to identify any underlying medical conditions or diseases that could have led to the person’s death.

Organ and Tissue Donation Before Examination

Sometimes, a family may request an organ and tissue donation, which the medical examiner may only entertain after discussing with the Coroner whether it affects the examination’s integrity.

Examination processes may include external examinations and autopsy examinations. The medical examiner or the forensic investigator will determine the type of examination by assessing the deceased’s body based on their medical history, death circumstances, and an initial review of the body.

External Examinations

In the external examination, the medical examiner would systematically review the deceased’s body by assessing the injuries to determine whether the death occurred due to natural causes.

Sometimes, a decedent may not have external injuries, making it challenging for the medical examiner to determine the cause of death. In these situations, they would conduct tests like X-rays, toxicology sampling, and a partial internal cavity review.

Autopsy Examination

An autopsy is a complete examination where the medical examiner assesses the body externally before dissection. The autopsy examination process can take several hours to complete and may involve taking samples of bodily fluids, tissues, or organs for testing.

Family members with reservations over the autopsy must speak to the medical investigator assigned to the case, who will discuss it with the Coroner’s office before considering your request.

Post Examination

Once the medical examiner conducts the necessary examinations and identifies the body, they will reach out to the decedent’s next of kin and transfer the body to their designated funeral home.

In most cases, the death investigator contacts the next of kin to discuss the details of the examination report and how the accident occurred. However, if there is suspicion over the decedent’s death, they may withhold some information to maintain the integrity of the ongoing criminal investigation.

Completing the investigation documents can take some time. Depending on the circumstances, the medical examiner may want to conduct additional laboratory tests or review medical records and other relevant reports further.

Death documents

Depending on the type of examination carried out by the medical examiner, they may issue several documents, including the following:

Medical examiner certificate
The external examination report
Autopsy summary report
A detailed scientific autopsy report
Toxicology report
Other death-related documents.

Summary: Three Phases of Death Investigation

Although there are many different stages of a death investigation, in short, there are three phases to it, which include:

Examination phase: Before starting an external or autopsy examination, the medical examiner will collect all necessary evidence and pictures to begin the investigation process.
Correlation phase: During this stage, the medical examiner will combine all the information, including the evidence collected and the examination report, to create the case.
Interpretation phase: When they compile all the evidence and examination reports, the medical examiner starts the interpretation phase, where they determine the cause of death and whether further investigation is necessary.

What to Do If You’ve Lost a Loved One in a Possible Crime?

Family members often check up on their loved ones, which is why they could be the first ones to discover their loved one’s death if they were a victim of a crime.

If you come across an unattended death of a loved one, it is crucial that you immediately call 911 and move away from the area. Touching the body could disturb the investigation site and have potential health risks. Let the investigators take care of the death investigation process to determine the cause of death and arrest the culprit responsible for losing your loved one.

A law enforcement investigation could help lead to evidence that can help capture the person responsible for the loss of your loved one. When that happens, you must immediately speak to an experienced wrongful death attorney to bring a civil action against the culprit and seek the justice and compensation you deserve.

Schedule a Free Consultation with Ehline Law About the Stages of the Death Investigation

If you’ve lost a loved one due to another’s negligence or intentional acts, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation.

United States Wrongful Death Lawsuits United States Wrongful Death Lawsuits United States Wrongful Death Lawsuits United States Wrongful Death Lawsuits

My Insurer Contested My Life Insurance Claim, What Must I Do?

Written by MichaelEhline on November 29, 2024. Posted in Death Law Blog, Insurance Law Blog.

The Ehline Law Firm Can Assist with Settling Your Life Insurance Claim

Generally, beneficiaries can get the policyholder’s life insurance benefits or claims within a few weeks following the insured’s demise.

However, this is not always the case, as insurance companies use delay tactics, questioning and even delaying your claims. There are many reasons an insurance company can refuse your claims.

They’ll throw around a couple of “life insurance policies” or even pressurize you.

If you’re facing difficulties with your insurance company, we recommend you approach an expert life insurance attorney in Los Angeles County for legal advice. A life insurance lawyer can relieve stress and help expedite claims if the company seems slowing down the claims process. A life insurance lawyer will put the right amount of pressure on insurance companies to pay benefits and get you the death benefit claim you deserve.

An insurance company can deny your claims for many reasons, but here are some common areas where a lawyer can help you contest the denial.

Death During the Contestability Period

According to Californian law, insurance companies have a year’s contestability period when individuals purchase new life insurance coverage. During this period, life insurance companies have the right to scrutinize any documents given to the insurance company upon the policyholder’s death.

The two-year contestability period that starts with the first premium payment is to secure the insurance company against fraudulent document submissions or incorrect information. For example, a policyholder who is a heavy smoker and dies from heart failure following their insurance application does not even mention their smoking habits during the application. In such cases, an insurance company can revisit the documents, check the accuracy of the information, and deny life insurance claims based on insurance fraud.

However, the law also dictates that life insurance beneficiaries can challenge any insurance misstatements depending on the nature or severity of the material misrepresentation. A life insurance attorney can help negotiate with the insurance company and back your claims with solid evidence and information to ensure you get the life insurance death benefit you deserve.

Life Insurance Policy Lapse Before Death

For a life insurance policy to remain active, the policyholder must make regular premium payments without missing any. Any missing or incomplete payments can become grounds for the beneficiary to refuse life insurance benefits.

However, some conditions can still help you get a life insurance claim, even if any missing payments exist. An insured’s death occurring within 30 days of a life insurance policy lapse can constitute higher death benefits.

There may also be a chance that the insurer might be responsible for any missing payments from the insured. By law in many states, insurance companies need to notify their policyholder before and after they cancel their life insurance policies.

If you haven’t gotten any notifications from your insurance company and the insured dies before the policy lapses, contact a life insurance attorney immediately to help you get a death benefit payout.

Death Due to Unusual Circumstances

Most life insurance companies refuse to pay claims if the insured commits suicide or the insured dies in homicide. Deaths occurring in such situations often allow insurance companies to deny claims. An insurance agreement includes all the clauses that might result in refused claims.

Insurance firms can also refuse claims without looking at medical records if they feel that the life insurance beneficiary is a suspect in the insured’s death.

Life insurers deny claims for even the slightest irregularities, so you need an expert attorney to defend a contested claim. This can start a legal process, so ensure you have the right attorney to support the denial claim and get you a hefty cash value compensation.

What to Do If the Insurer Denies Life Insurance Claims?

The insurers are making the rules, and if the policyholder fails to follow the policy terms and conditions, you might struggle to get a claim out of the insurance company. However, it is always best to understand the situation and discover why you’re not getting your claim.

Contact the Life Insurer

Contacting your insurance provider is a great way to get some information on the refusal of your life insurance claims. An insurance agent will let you know the reasons for refusing your claim. You may need to hand in your medical history and other additional documents to support your case against the denial. However, you may feel that the insurance provider is not fairly handling your case; in such cases, contact a life insurance attorney.

Contest the Denial

Beneficiaries of life insurance can contest rejections if they feel they’ve got the evidence against unfair denials. You can examine the disclaimer by contacting your insurance providers. This may be the cheapest option to pursue, but it can be time-consuming, such as going back and forth with a provider trying to deny claims.

You can also contact the California Department of Insurance, which can investigate the lousy faith insurance company’s practices or unfair treatment of the young. Again, this is time-consuming.

Reaching out to a lawyer to file an appeal or go for a lawsuit against the insurance provider is the fastest way you can get money.

Let Ehline Law Deal with the Life Insurance Company

Ehline Law and our California life insurance attorneys will review the insurance policy and your claims form to find more information to file an appeal.

Our lawyers will build your claim, support it with evidence, and fight for your deserved settlement. For more information, call us at (213) 596-9642 or use our website contact form for validation and get a free consultation today!