The Burchett Law Firm, PC The Burchett Law Firm, PC 2026-07-10T11:36:44Z https://www.theburchettlawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1404850/2020/10/cropped-Burchett-siteicon-1-32x32.png On Behalf of The Burchett Law Firm, PC <![CDATA[Brain injuries from slip-and-fall accidents: what to know]]> https://www.theburchettlawfirm.com/?p=49266 2026-07-10T11:36:44Z 2026-07-10T11:36:44Z How brain injuries happen without direct impact Your brain floats in cerebrospinal fluid inside your skull. When you slip and fall violently, the sudden acceleration and deceleration forces your brain to shift rapidly. This movement can cause your brain to strike the inside of your skull, tear nerve fibers or damage blood vessels. While the violent motion of a fall alone can cause serious traumatic brain injuries such as concussions or diffuse axonal injuries, medical professionals typically reserve the term 'coup-contrecoup' for injuries resulting from a direct physical impact to the head. The sheer force of your body hitting the ground can send shockwaves through your spine and neck, transmitting that energy directly to your head. This is why seemingly minor falls can sometimes result in significant neurological damage.

Symptoms that should concern you

Brain injury symptoms do not always appear immediately. It might help to monitor yourself carefully in the days and weeks following any fall. Watch for persistent headaches, dizziness or balance problems. Confusion, memory difficulties and trouble concentrating are also red flags. Other warning signs include nausea, sensitivity to light or sound, mood changes and sleep disturbances. If you experience any of these symptoms, you should seek medical attention promptly. Early documentation of your injuries strengthens both your medical treatment plan and any potential premises liability claim.

Property owner responsibilities matter

Commercial property owners have a legal duty to maintain safe conditions for visitors. When they fail to address hazards like wet floors, uneven surfaces, poor lighting or damaged walkways, they may be held liable for resulting injuries. Negligent maintenance, inadequate warnings about known dangers and failure to inspect the property regularly can all contribute to preventable accidents. These failures matter when determining fault in slip and fall cases.

Protecting your rights after a fall

Your health comes first. After seeking medical care, consider documenting everything about your accident and symptoms. Property conditions change quickly, so photographs and witness statements gathered soon after an incident can prove invaluable. Understanding that brain injuries can occur without direct head impact could help you recognize when you need medical and legal help. Your recovery and your rights both deserve attention after a serious fall on commercial property. It is essential to know your options when navigating the aftermath of such an accident to help determine the best path forward for your situation.]]> On Behalf of The Burchett Law Firm, PC <![CDATA[Pushing back against drivers who blame lane splitting for crashes]]> https://www.theburchettlawfirm.com/?p=49264 2026-06-24T20:33:39Z 2026-06-24T20:33:39Z Lane splitting is legal Some motorcycle riders do not understand the law and may assume that referencing lane splitting is a valid defense to personal injury liability. However, California state statutes clearly permit lane splitting. Motorcycle riders can help ease traffic congestion and keep themselves safe by appropriately sharing lanes with other vehicles when traffic slows or stops. Drivers have an obligation to monitor their surroundings for any likely safety concerns, including motorcycles lane-splitting during times of traffic congestion. While the driver who hit the motorcycle rider, their insurance company or their lawyer may try to place 100% of the blame on the motorcycle rider, the rider may still have the right to pursue compensation. Under California's pure comparative negligence rules, even those who bear significant responsibility for a crash can still hold the other party accountable for their portion of fault. So long as a driver is at least 1% at fault for a motorcycle crash, the injured rider can seek compensation from them. Riders may need help overcoming social bias about motorcycle riders in court and providing that the driver caused the crash by failing to look for them as they safely and legally split lanes with other vehicles. Motorcycle riders seeking compensation from drivers who do not want to admit their responsibility may need help evaluating insurance coverage, documenting what happened during a crash and pursuing appropriate compensation for property damage and injury-related expenses. Working with an attorney who handles motorcycle collision cases can make it easier for injured riders to pursue the compensation they deserve.  ]]> On Behalf of The Burchett Law Firm, PC <![CDATA[Early warning signs that a baby may have a birth injury]]> https://www.theburchettlawfirm.com/?p=49262 2026-06-22T11:59:15Z 2026-06-22T11:58:43Z What are the symptoms you need to look out for? While the physical process of labor and delivery itself can cause injuries, certain situations increase the risk. Difficult deliveries, particularly those involving larger babies, unusual positioning or the need for forceps or vacuum assistance, are more likely to result in birth injuries. If you or your partner had a difficult delivery, it’s crucial to observe your baby for any unusual or concerning physical symptoms. This can include:
  • Unusual muscle tone: Arms or legs that seem extremely floppy or unusually stiff
  • Feeding difficulties: Problems nursing or taking a bottle, weak sucking or trouble swallowing
  • Extreme behavior: Excessive, inconsolable crying or unusual lethargy and sleepiness
  • Neurological symptoms: Seizures, tremor-like movements or arching of the back
  • Arm weakness: One arm that does not move normally or hangs limp, which can indicate possible nerve damage
  • Breathing problems: Labored breathing, grunting or periods of stopped breathing
  • Head shape or appearance: Significant swelling, unusual bruising or abnormal shape beyond typical molding
These signs do not always mean an injury occurred. However, it is better to err on the side of caution and have your baby checked by a doctor. Seizures or extreme lethargy may signal Hypoxic Ischemic Encephalopathy (HIE), a brain injury from lack of oxygen during delivery. Unusual muscle tone can be an early sign of cerebral palsy, which can also result from oxygen deprivation.

When to question what happened during delivery

If your baby shows any of the issues above, it is natural to wonder why. While some birth injuries happen despite proper care, others result from preventable mistakes. Medical negligence can include:
  • Failure to act on abnormal fetal heart rate patterns or other distress signals
  • Delaying a needed C-section when labor is not progressing
  • Using forceps or vacuum extractors improperly
If your delivery involved any of these situations and your baby now shows concerning symptoms, the care provided may have fallen below acceptable standards.

Trust your instincts

Catching these warning signs early can help your baby get the right treatment. If questions linger about whether mistakes were made during delivery, you deserve answers. Consider seeking advice from an attorney experienced in birth injury cases. They can help you understand your options for seeking the resources your child may need.]]> On Behalf of The Burchett Law Firm, PC <![CDATA[Understanding why surgical errors occur]]> https://www.theburchettlawfirm.com/?p=49259 2026-06-19T13:07:53Z 2026-06-19T13:07:53Z The underlying causes of surgical errors It is easy to assume a surgical mistake means a single doctor made a careless choice, but the reality is usually much more complicated. Most medical professionals care deeply about their patients, but they often work within a deeply flawed system. Several systemic issues regularly contribute to devastating operating room mistakes, such as:
  • Hospital understaffing: Overworked, exhausted doctors and nurses are far more likely to make critical errors during long shifts.
  • Communication breakdowns: Poor handoffs between medical shifts or mislabeled charts can lead to devastating wrong-site surgeries.
  • Rushed safety protocols: Skipping essential pre-surgery checklists can cause medical teams to leave retained surgical instruments inside a patient.
When a hospital has poor staff management or when communication breaks down, serious mistakes are bound to happen. In that kind of stressful environment, even the most skilled surgeon can make a mistake.

Hold hospitals accountable after a surgical error

If a surgery leaves you in worse shape than before you went under, you have every right to know what went wrong. To start getting answers, it is wise to ask the hospital for a full copy of your medical records and write down how you are feeling each day. Requesting for an official review may also force the facility to look closely at their processes and find potential gaps. Taking these steps is crucial to getting the support you need to heal and making sure the hospital takes responsibility for your care.]]> On Behalf of The Burchett Law Firm, PC <![CDATA[What to do right after a truck crash in San Diego]]> https://www.theburchettlawfirm.com/?p=49256 2026-06-22T21:12:38Z 2026-06-16T17:41:05Z A crash with a commercial truck can feel overwhelming within seconds. You may face injuries, vehicle damage and early contact from insurance companies. However, knowing what steps to take may help protect your safety and your long-term interests.

1. Move to safety and call for help

Your first priority should be safety. If you can move, try to get to a safe area away from traffic. Then call 911 so police officers and medical responders can arrive and document the scene. You may want to keep these steps in mind:
  • Check for injuries and request medical care right away.
  • Turn on your hazard lights and remain visible to other drivers.
  • Wait for law enforcement and cooperate with the accident investigation.
California law may require you to report accidents that involve injury or death. Drivers must report certain crashes to law enforcement, which may help create an official record of what happened.

2. Document the scene and collect details

Once you address immediate safety concerns, gathering information may help you better understand the crash. Truck accidents often involve multiple parties, which can make details especially important. You could consider collecting:
  • Photos of vehicle damage, road conditions and injuries.
  • Contact information for the truck driver and any witnesses.
  • The trucking company's name and the truck's identifying numbers.
The information you gather early may help clarify how the collision occurred and who may share responsibility.

3. Seek medical care and monitor symptoms

Some injuries may not appear immediately. You might feel fine after the crash, yet symptoms could develop hours or days later. As a result, a timely medical evaluation may help connect your injuries to the collision. It may also help to keep records of doctor visits, treatments and changes in your condition. Over time, these records may provide a clearer picture of your recovery and the effects of your injuries.

4. Limit early insurance discussions

Insurance companies may contact you soon after the crash. While these conversations may seem routine, settlement offers sometimes arrive before you fully understand the extent of your injuries. You may want to keep several factors in mind.  Medical expenses may increase as treatment continues, and symptoms may worsen or require ongoing care. Early settlement offers may not reflect all potential losses. Taking time to review your situation may help you avoid agreeing to terms that do not align with your circumstances.

Stay steady and informed

The moments after a truck accident can feel uncertain. However, thoughtful actions may help you maintain a sense of control. When you focus on safety, gather information and approach insurance discussions with care, you may place yourself in a stronger position as you move forward.]]> On Behalf of The Burchett Law Firm, PC <![CDATA[What rights do San Diego pedestrians have after a crash?]]> https://www.theburchettlawfirm.com/?p=49252 2026-06-06T12:53:56Z 2026-06-06T12:53:56Z What is comparative negligence? California is a pure comparative negligence state. The law allows those hurt by the misconduct of others to file a lawsuit seeking damages even when they are partially at fault. If the defendant named in the lawsuit blames the pedestrian for the crash, they must provide evidence to support their claim. The courts can then allocate a percentage of fault to the driver and the pedestrian. Even if the pedestrian is 99% at fault for the crash, they can potentially hold the driver accountable for 1% of their total damages. If a pedestrian crossed in the middle of the road instead of at a crosswalk or failed to follow traffic lights, they may be partially responsible for a crash. Thankfully, they can still take legal action against the driver who hit them.

How can pedestrians assert their rights?

There are several steps that make it easier for pedestrians to assert their legal rights after a crash. First and foremost, documenting the scene of the crash, gathering contact information from witnesses and securing license and insurance information from the driver at fault are important steps to take. Pedestrians also generally need to undergo a professional medical evaluation to diagnose their injuries. From there, they may want to consult with a personal injury attorney. A lawyer can evaluate the evidence they have obtained, including witness statements and photographs of the traffic signals where they crossed. A lawyer can handle an insurance claim or can manage the paperwork necessary to file a personal injury lawsuit against the driver. They can also help respond to claims of comparative negligence to minimize the allocation of fault for the pedestrian injured by the crash. Learning more about the rules that govern motor vehicle crash compensation claims can help those injured in traffic assert themselves. People who know what steps to take after a San Diego pedestrian crash can use that information to protect themselves legally and financially.]]> On Behalf of The Burchett Law Firm, PC <![CDATA[Is it neglect or a medical complication? What families in California need to know]]> https://www.theburchettlawfirm.com/?p=49250 2026-06-02T12:21:25Z 2026-06-02T12:21:25Z Watching a loved one's health decline in a nursing home can be one of the most painful experiences a family goes through. It can be difficult to tell whether that decline stems from a genuine medical condition or from the facility failing to do its job. The line between a standard medical complication and outright neglect may not always seem obvious. But certain warning signs can help you determine when something more serious may be going on.

Signs that may point to neglect rather than a medical complication

Not every health setback in a nursing home signals neglect, but some patterns deserve a closer look. Keep an eye out for:
  • Unexplained bedsores: Pressure ulcers that appear or worsen without explanation often suggest that staff are failing to reposition and monitor your loved one regularly.
  • Sudden weight loss: Rapid weight loss without a clear medical cause may indicate that caregivers are missing meals or failing to address your loved one's nutritional needs.
  • Changes in medication adherence: Missed doses or incorrect medications may signal a breakdown in how the facility manages your loved one's care.
  • Poor hygiene: Unwashed hair, soiled clothing or a general lack of grooming suggest that basic personal care is falling through the cracks.
  • Emotional or behavioral changes: Increased anxiety, depression or withdrawal from social activity may reflect a deeper problem with how staff are treating your loved one.
Spotting these signs is important, but understanding when a facility's failures rise to the level of legal negligence is the next critical step.

When understaffing crosses the line into legal negligence in California

California law sets clear expectations for how nursing homes must staff their facilities and care for residents. These elements can help you understand your situation better:
  • California requires nursing homes to provide each resident with at least 3.2 hours of direct nursing care per day
  • When a facility chronically falls below that threshold, it may be violating its legal duty to residents
  • Families may have grounds to pursue a medical malpractice or elder abuse claim when understaffing causes demonstrable harm
  • California generally allows three years from the date of injury or one year from its discovery to file a medical malpractice claim
  • Evidence such as staffing records, incident reports and medical documentation can strengthen a family's case
Recognizing the difference between a medical complication and neglect could be the key to keeping the people you love safe. When a facility's failures cause real harm, families in California may have more legal options available to them than they realize. A nursing home negligence lawyer can help you move forward with confidence.]]> On Behalf of The Burchett Law Firm, PC <![CDATA[The lifelong financial reality of birth injuries in California]]> https://www.theburchettlawfirm.com/?p=49246 2026-05-29T23:03:35Z 2026-05-29T23:03:35Z The strategic role of a life care plan Because conditions like cerebral palsy affect a child permanently, you cannot rely on guesswork to estimate future expenses. To build an ironclad damages case, legal teams collaborate with certified life care planners and forensic economists to construct a Life Care Plan (LCP). This dynamic, evidence-based roadmap projects every medical, therapeutic, and daily living cost your child will require from infancy through adulthood, translating clinical needs into concrete dollar amounts.

Three core pillars of lifelong financial recovery

A forensically sound LCP leaves no stone unturned, meticulously detailing specialized costs that standard health insurance policies rarely cover:
  • Specialized schooling and development: Calculates the cost of individualized learning environments, assistive communication technologies, and intensive one-on-one tutoring across the child's academic timeline.
  • Lifelong physical and occupational therapy: Outlines ongoing professional fees for decades of physical, occupational, and speech therapies, alongside adaptive medical hardware like custom braces and power wheelchairs.
  • Home and vehicle modifications: Factors in the structural cost of wheelchair ramps, widened doorways, roll-in showers, ceiling track lift systems, and accessible transport vehicles equipped with automatic ramps.
Under state law while non-economic pain and suffering damages face strict statutory caps, economic damages are completely uncapped, allowing you to pursue the full value of the Life Care Plan.

Overcoming insurance adjuster tactics

The greatest mistake a family can make is accepting a premature insurance settlement. Adjusters frequently present initial offers that cover existing neonatal intensive care unit (NICU) bills, but signing a release permanently waives your right to seek additional compensation later. When a child reaches adulthood, their care needs often intensify, requiring 24-hour home health aides and long-term managed facilities. Reviewing the statutory rules for birth injuries in California is a vital first step toward holding negligent hospital systems accountable. Forcing corporate insurance carriers to fund a lifetime of care requires aggressive, evidence-backed advocacy. By utilizing an LCP, you can secure the resources, medical support, and comfortable living environment your child rightfully deserves.  ]]> On Behalf of The Burchett Law Firm, PC <![CDATA[Second opinions can protect patients after a misdiagnosis]]> https://www.theburchettlawfirm.com/?p=49244 2026-06-01T16:14:41Z 2026-05-25T14:47:46Z How a second opinion can potentially help patients When doctors make diagnostic mistakes, their errors can profoundly impact the prognosis of the affected patient. A second opinion obtained from another licensed medical professional can protect a patient in two key ways. First and foremost, an accurate diagnosis gives the patient an opportunity to begin appropriate treatment for the true underlying cause of their symptoms. Additionally, the second opinion of another medical professional can help establish that the diagnostic error was, in fact, medical malpractice. If another licensed physician with the same information could reach an accurate diagnosis, then the diagnostic failure of the initial physician might represent professional negligence. Especially if they declined to order appropriate testing or ignored a patient's self-reported symptoms, their choices while providing patient care may not have met current best practices. The sooner a patient who suspects a misdiagnosis seeks a second opinion, the better their chances of recovering, both physically and financially. An accurate diagnosis can help them get the treatment they need to control their symptoms and address their underlying cause. The record of the accurate diagnosis received as a second opinion can also strengthen their claim if they pursue a medical malpractice lawsuit against the doctor who misdiagnosed them.

Taking Action: Charting and Legal Steps for Misdiagnosis

Especially when a physician seems to discount legitimate concerns because they don't believe a patient's self-reported symptoms, the second opinion is important for their recovery. A patient frustrated by a physician's unwillingness to take them seriously can ask their doctor to include their self-reported symptoms in their chart. They can also ask the doctor to acknowledge in official records that they declined requests for a referral to an outside specialist or for specific testing. The patient can request a copy of their medical records, which can help them as they seek a second opinion and also as they consult with an attorney about the potential malpractice they experienced. A lawyer familiar with the unique challenges of medical malpractice litigation can help frustrated patients validate that malpractice occurred and take appropriate steps to hold a physician accountable. Filing a medical malpractice lawsuit after a misdiagnosis can lead to compensation for increased treatment costs and lost wages.]]> On Behalf of The Burchett Law Firm, PC <![CDATA[What happens after a military hospital injury in San Diego?]]> https://www.theburchettlawfirm.com/?p=49241 2026-05-22T09:00:43Z 2026-05-22T08:39:25Z When you or a family member experiences an injury at a military hospital in San Diego, the next steps can feel uncertain. The process often looks different from what you might expect in a civilian medical setting. As a result, understanding the federal rules that may apply can help you better assess your options.

How do federal claims rules apply to military hospital injuries?

If an injury happens at a military hospital, your situation usually falls under the Federal Tort Claims Act, often called the FTCA. Unlike a typical medical malpractice case in California state court, these claims follow a federal process with specific requirements and timelines. This framework may introduce steps that do not typically apply in local court cases. For example, federal rules often require you to submit your claim directly to the responsible agency before any court filing can move forward.

How does your military status affect your claim options?

Your military status at the time of the injury can play a key role in what options you may have. A legal rule known as the Feres doctrine, based on Feres v. United States (1950), often limits claims tied to active-duty service. If you are an active-duty service member, this doctrine may restrict your ability to bring a claim for injuries connected to your service, which can include treatment at a military facility. On the other hand, if you are a spouse or dependent, you may not face the same restriction and may be able to pursue a claim depending on the facts involved. Outcomes can vary based on status and circumstances, so it often helps to review this factor early in the process.

What steps are involved in the FTCA administrative claim process?

Before you can move forward with a lawsuit under the FTCA, you generally need to complete an administrative claim with the appropriate federal agency. This step gives the agency a chance to review what happened before any court involvement. At this stage, organization often matters. You may consider focusing on:
  • Collecting medical records and discharge paperwork from the military hospital
  • Writing down symptoms, treatment dates and provider names
  • Submitting Standard Form 95 to the correct federal agency
After submission, the agency reviews your claim. Under Federal law, you typically need to wait for a formal denial or for six months to pass without a decision before you can move forward in federal court.

Understanding your path forward

Military hospital injury claims often involve federal rules that differ from state processes in important ways. As you review your situation, keeping track of deadlines and understanding how the FTCA and Feres doctrine may apply can help you stay oriented as you consider your next steps.]]>