As you no doubt already know, the Supreme Court recently granted marriage equality to all couples across the United States, regardless of sex. Many have brought up the implications for certain churches (the Episcopal Church, for example, has decided to allow gay marriage rites) and government bodies (certain officials in Louisiana and Mississippi are attempting to hold out against the decision).

Others have brought up the benefits that same-sex married couples may now reap across the country, including health insurance benefits, hospital visitations, and tax benefits. Few people, however, have discussed the implications and benefits for these couples in personal injury law cases.

Wrongful Death Tort Cases

To fully understand how this decision can help same-sex couples, we must first discuss tort law and wrongful death cases. Basically, tort laws are in place to protect people and help them gain compensation when they (or their loved ones) are the victim of unreasonable actions on the part of someone else. For example, if you’re injured on the job through no fault of your own and you can prove negligence on the part of your employer, you can bring a tort case against them to sue for damages.

Likewise, if someone you love is the victim in a wrongful death tort case, then you may be able to bring a case against the responsible party or parties. However, there are some limitations on who may sue in a tort case. And this is where the Supreme Court’s decision comes into play.

Before this decision, if one person in a same-sex couple were to be wrongfully killed, their partner would not be allowed to sue for damages because they were unmarried. Thus, no matter how long the couple had been together or how committed they were to each other, in the case of wrongful death, the surviving partner would not be entitled to any damages for pain and suffering, loss of support and services, and/or loss of companionship and protection.

Even in cases in which the couple had been married in a state where gay marriage was legal, if an accident or wrongdoing occurred in a state where their marriage was not recognized, they would be left with no compensation and no recourse.

For example, let’s say that a couple was married in California but lived in Florida, and one of them was killed on the job in their home state. In Florida, only the decedent’s “survivor” may sue for damages, and “survivor” is very clearly defined in this case as being the legal spouse. Because – until just recently – gay marriage was not recognized in Florida, the surviving member of the couple would not have been able to sue because their marriage would not have been recognized by the courts in Florida.

Supreme Court Decision Give Couples Hope for Compensation

Now that same-sex couples are legally allowed to get married in all 50 states – and now that all 50 states must recognize those marriages – these couples no longer have to fear what might happen in the case of a serious accident or wrongful death case. While no one wants to think of their husband or wife being killed on the job or in an accident elsewhere, it is at least comforting to know that you will have some recourse if the worst does happen.

Whether you are affected by the Supreme Court’s decision to guarantee marriage equality or not, you should know your rights if your partner, spouse, or another loved one is injured or killed through no fault of their own. Call a qualified personal injury attorney in Los Angeles today to discuss your options.

Concussion can occur in a wide range of situations, many of which are seemingly minor, but this traumatic brain injury can be very dangerous. A concussion could stem from a sports injury, an auto accident, a fall or it could be from a violent act, such as domestic abuse or child abuse. However, understanding the signs and symptoms of concussion will help you protect yourself and your loved ones.

Common Causes
Concussions are caused by a wide range of things, from car accidents to shaken baby syndrome. Violent blows to the head and neck can cause the brain to slide back and forth within your skull, and sudden acceleration or deceleration (car accident, violent shaking, etc.) can cause injuries to your brain. These can lead to bleeding within the brain, which can be life threatening if left untreated.
Symptoms of Concussion
Depending on the severity of the concussion, there is a wide range of symptoms that might present. You’ll need to watch for the following:

• A feeling of pressure within the skull
• Temporary loss of consciousness
• Tiredness
• Daze
• Vomiting
• Slurred speech
• Sleepiness/drowsiness
• Ringing in the ears

In addition to these immediate symptoms, there are others that may be delayed by several hours, or even days after the initial injury. These include:

• Strange/abnormal tastes and smells
• Sleep disturbance
• Memory loss
• Irritability
• Depression

If you or someone you love may have a concussion, it’s important to seek medical help immediately. While most are minor injuries, there is always the potential for serious damage to occur, as with any other type of traumatic brain injury. Doctors can employ a wide range of tests to determine whether or not a patient has sustained a concussion, including neuropsychological tests, CT scans, MRIs and more.
Treatment for a concussion will depend on the severity of the injury. Many patients are sent home with pain medication to rest, but others may have to spend time in the hospital. Only a doctor can determine which treatment option is best for a specific patient.

If you believe that you or a family member has suffered a brain injury in the Los Angeles area due to the negligence or or misconduct of another person, you should call our injury lawyers in Los Angeles who can help identify your options and recommend a course of action.

When you have been injured in an accident and are bringing a civil claim against a person or company there are generally two types of damages you may be entitled to receive: "Compensatory" and "Punitive".

Compensatory Damages are designed to compensate the plaintiff, (injured party), of a lawsuit for what was lost due to the injury or accident. A compensatory amount is designed to make the plaintiff "whole" again based on the consequences of the accident. Sometimes these damages are easy to calculate: property damage, medical bills, loss of income, emotional distress, Etc. However, the more difficult to prove can be loss due to pain & suffering, or lack of ability to participate in hobbies caused by the injuries of the accident (loss of enjoyment). These are the types of damages that have potential to deliver a higher settlement or verdict because the damage to the "enjoyment of life" has the potential to be higher.

For example, if a person is injured in an auto accident and loses a leg as a result, they would be eligible for "loss of enjoyment" damages. That award may be much higher if the individual raced cars, was an avid cyclist or enjoyed an activity that inherently required the use of his or her legs.

Punitive Damages are awarded when the defendant is being "punished" for their actions, or lack thereof. Punitive damages can be awarded in addition to compensatory damages in order to make an example of, or punish the defendant for careless, negligent or intentional damages which were caused by the injury. Punitive damages help to deter actions from companies and make an example of egregious behavior by hurting the defendant's check book. 

For example, in 2013 a Los Angeles jury awarded an individual plaintiff $28 BILLION dollars in punitive damages against tobacco maker Philip Morris, which was over 30,000 times the amount of her $850,000 compensatory award. (case summary here).

If you or a family member has been injured and you're looking for a Los Angeles accident attorney, please contact us today or have Strassburg, Gilmore & Wei help you determine the value of your personal injury case.