San Diego Injury Lawyer Blog

We've written about the misguided instrument known as tort reform that is intended to help protect society from runaway litigation costs, but really only helps irresponsible companies and people from having to pay for the full extent of the damage they cause for others.

California is no stranger to tort reform measures, such as MICRA, which has been a boon to insurance companies in reducing their risks while still permitting them to charge exorbitant rates to doctors to protect them from medical malpractice claims. Now, in an effort to solve the California budget shortfall, Governor Schwarzenegger and the Republicans in the legislature are trying to force tort reform measures into law.

The most destructive of these measures is the implementation of a damages cap on pain and suffering. Damage caps are arbitrary and, in my opinion, illegally remove authority from jurors to determine appropriate damages in civil case. The arbitrariness of damage caps is made even worse when the cap is set at a ridiculously low level--$250,000 as proposed by the Governor.

The Governor's attempt to balance the budget on the backs of the injured is misplaced and unfair.

Continue reading "Will Schwarzenneger and GOP Hurt Californians With Tort Reform?" »

Earlier today, my friend and New York medical malpractice attorney Gerry Oginski posted this link on Facebook to a New York medical malpractice verdict against a podiatrist. The verdict was noteworthy in that the jury awarded $3,000,000 for the victim's pain and suffering ($1.5 million for past pain and suffering and $1.5 million for future pain and suffering).

This sparked a discussion amongst several lawyers from throughout the country about how inequitable tort reform laws are to the victim solely because of where they choose to live or receive medical treatment.

In New York, there is no tort reform cap on pain and suffering damages. Therefore, the $3,000,000 verdict, so long as it is supported by evidence, will not be reduced. However, here in California, we have MICRA--California's tort reform measure which places certain limits and requirements on medical malpractice lawyers and their injured clients. Specifically, the California legislature has placed a cap on pain and suffering at $250,000. It does not matter how badly injured you are, whether you need constant medication to live with moderate pain the rest of your life, had 2 wrong limbs amputated, etc. California has decided that under NO circumstances is anyone's pain and suffering worth more than $250,000 when injured by a doctor.

So, let's assume that we have 2 people who have suffered the same injury and have the same prognosis. The only difference is that one was injured by a New York doctor and the other by a California doctor. The former victim will get compensated $3,000,000 for his pain and suffering while the other will only recover $250,000.

That is just not fair or right.

The tort reform mess gets even worse in other states, such as in Indiana. In the Hoosier State, total damages are capped at $1.25 million for all damages. This is true even if current and future medical treatment exceeds $10 million and lost wages are $3 million or more.

This inequality in results, based solely on geographic location of where the injury occurred, cannot stand. Tort reform has created this and many other unfair results for injured people, all in the name of saving society from runaway litigation costs--which have been proven time and time again not to exist.

One of these days, the public will hopefully wake up and rescind these unfair tort reform laws. Until then, these unequal results will continue.

Continue reading "The Arbitrary and Unfair Impact of Tort Reform" »

An 18-year old boy was arrested for crashing his car into a house in Claremont on February 22, 2010. This San Diego car crash incident took place at around 2:30 a.m. at a house in the 4800 block of Dubois Street.

Though the house was occupied, nobody was injured because of the auto accident. The teenage driver, whose name was not immediately released, was arrested on suspicion of driving under influence(DUI) said San Diego Police Officer Jane Jacobsen.

Driving during the early hours of the morning, particularly under the influence of alcohol, is very dangerous. This accident was further compounded by an inexperienced teenage driver who is most likely not as capable as a more experienced driver even under the best of circumstances. In this case, the driver is lucky that no one was hurt. But just think what would have happened if as a result of the teen driver’s recklessness someone would have died or been severely injured? We urge all parents to make sure that their children understand the gravity of the issue and stress that driving under the influence of alcohol is a recipe that can lead to serious injury or death.

Continue reading "San Diego DUI Auto Accident Ends With Car Crashing Into Clairemont House" »

A 56-year old man was badly bitten in a San Diego County dog bite attack on February 16, 2010, by a pair of aggressive dogs, one of which has a history of biting. This dog bite accident took place in a West Escondido gated community.

The victim, Tom Atkinson, said he was finishing a jog on Rock View Glen in the Emerald Heights development when he noticed two loose pit-bull mix dogs growling at a neighbor and his leashed dog. He joined the neighbor and fought off the dogs. However, as Atkinson continued up the street, the dogs turned around and charged. He was bitten several times by the pair of animals, leaving him with one bad bite to the forearm that required stitches to close the wound and another deep bite to the thigh.

One of the dogs was impounded by a San Diego County Animal Control Officer but was later released to the owner, who promised to keep it on a 10-day quarantine. The other dog also was allowed to stay with the owner but was not quarantined. There may be an administrative hearing to determine whether the dogs are potentially dangerous under the law.

Our office wishes for a speedy recovery for Tom Atkinson. We are indeed glad more serious harm was not done! Some of you may know from prior posts that I am not a fan of breed specific dog laws, particularly those that target Rottweilers or Pit Bulls. While these breeds are most commonly involved in dog bite attacks, it is my own belief that these attacks are the fault of poor owners who are attracted to owning these breeds due to their menacing appearance and strong physiques. Certainly if you own either of these breeds, you must be a strong and dominant owner—more so than if you own another, less physically imposing breed. Dogs are pack animals and will submit to a pack leader that it respects. Respect, for dogs, comes from an owner who has strong mental discipline and will discipline their pet when it gets out of line.

In this case, how could the owners of these dogs allow them to run free in this neighborhood? This is particularly true of the owner of the dog with the prior bite history. This is completely inexcusable. It is bad enough that Mr. Atkinson was attacked and severely wounded. However, what would have happened—as we normally see in these cases—if these dogs would have attacked a child? Typically, the result is massive traumatic injury and perhaps even death for the child who cannot defend itself against such strong animals. Dog owners must always be responsible, but even more so when they own potentially lethal breeds.

Ross Jurewitz is a San Diego personal injury lawyer and the managing attorney of the Jurewitz Law Group, a California law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or someone you love has suffered a dog bite or dog attack in San Diego County, please contact our office and order a copy of The Ten Biggest Mistakes That Can Destroy Your California Accident Case. It is free to all California residents and is full of helpful information to assist you and your family with your injury claim.

According to a recent study conducted by Insurance.com, 44% of lawyers and judges -- a higher percentage than any other profession -- reported to insurance companies while comparison shopping for auto insurance that they had been involved in a prior driving accident. This is the highest accident rate amongst any profession included in this survey. The findings were published in a list entitled Top 10 Most Dangerous Drivers by Profession.

This is a higher rate of accidents than those reported by interstate truck drivers, financial professionals, waiters, or government workers. According to Insurance.com Vice President Sam Belden, the higher rate of auto accidents months lawyers and judges as well as financial professionals, who came in second, is because these professions demand multitasking, have higher stress, and require professionals to be focused on multiple tasks at the same time. According to Belden, this leads to more accidents.

However, government workers came in third. This profession is not typically known for high-pressure schedules and its workers are typically just as prone to multitasking as lawyers or judges.

The safest drivers, according to the study, were athletes and homemakers. Belden believes that homemakers are very safe drivers because they tend to take your time while driving and use greater caution because they're typically driving with their children in their vehicles. In addition, homemakers and athletes also tend not to drive during rush hour when most car accidents occur.

You can find the complete Insurance.com study here.

Ross Jurewitz is an San Diego personal injury lawyer and the managing attorney of the Jurewitz Law Group, a San Diego law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a San Diego injury accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

A 35-year old jogger was killed on February 16, 2010, in a San Diego pedestrian accident when she darted into the path of an oncoming car while running with her husband and their two dogs in the East County neighborhood of Lakeside, according to authorities. The woman apparently failed to see the northbound late-model Ford Mustang when she crossed the 9400 block of Los Coches Road in the Winter Gardens area shortly before 9 a.m.

The motorist, an El Cajon woman in her early 50s, told investigators she did not see the jogger until she ran directly in front of her car.

Our office wishes to convey our sincere prayers and condolences to the family and friends of the deceased. We urge the joggers in San Diego County to be more careful. It is better advised to jog in parks rather than on roads when possible. But if you are jogging on roadways, please look out for motorists who may not expect to see you run across intersections. And please, motorists, keep an eye out for the unexpected—including pedestrians, joggers, and bicyclists.

Ross Jurewitz is an San Diego pedestrian accident lawyer and the managing attorney of the Jurewitz Law Group, a San Diego law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a San Diego auto accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following an San Diego car accident, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

A 36-year old woman was severely injured in an Orange County truck accident as a commercial truck tractor went off a residential street in Garden Grove and hit several trees, a fence, concrete planters and a block wall before coming to a stop. This truck accident took place on February 12, 2010 around 11 a.m. The injured woman, Olga Quiroz, was standing in her yard when she was struck and dragged under the truck. Quiroz was taken to a local hospital with lacerations, fractures, and other injuries to her legs.

The truck driver, William Davis, 44, of Orange, was uninjured, and evaluated to have been driving under the influence of alcohol and was later arrested on suspicion of felony DUI. Davis has also been linked to a non-injury hit and run traffic collision that happened about 45 minutes before at Euclid Avenue and Trask Street.

Our office wishes for a speedy recovery for Olga Quiroz. It has to be said that drivers need to be extremely careful while driving in residential areas. Also, driving under influence can lead to fatal consequences.

Ross Jurewitz is an Orange County truck accident lawyer and the managing attorney of the Jurewitz Law Group, a California law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt in a Orange County personal injury accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following an Orange County truck crash, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

A man and woman were seriously injured in a San Diego County motorcycle accident on February 14, 2009, as the motorcycle they were riding was struck by a car at a Carlsbad Village intersection in North San Diego County.

The victims were traveling on Carlsbad Boulevard around 11:20 a.m. when a car driven by a teenage girl, a resident of Upland, CA, pulled out from the intersection of Christiansen Way and collided with their motorcycle. The woman, who was riding pillion, was flown to a hospital, and the male driver was transported by ground ambulance. The teenage car driver was not arrested.

Our office wishes a speedy recovery to the people who were injured in this serious motorcycle crash. We urge all drivers to drive a little more carefully and responsibly so as to ensure that no one faces any harm while travelling on the road.

Ross Jurewitz is a San Diego motorcycle accident lawyer and the managing attorney of the Jurewitz Law Group, a law firm with offices in San Diego and Carlsbad dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a Carlsbad motorcycle accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following a motorcycle wreck, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

The Police Chief of Riverside is being investigated after a single-vehicle hit-and-run crash in his city-issued car occurred about 3 a.m. on February 9, 2010. The Police Chief, Russ Leach, has been put on medical leave.

Leach's black Chrysler 300 jumped the curb at Central and Hillside Avenues in Riverside and struck a fire hydrant and light pole according to officials. He continued on for roughly three miles despite a hanging fender and two blown tires. Chief Leach was stopped at Arlington Avenue and Rutland Road after police received reports that his car had been throwing up sparks.

In his defense, Russ Leach said that he was disoriented on prescription drugs when he crashed. "I don't have full memory of this," Leach said of his drive. "But I take absolute full responsibility for what happened."

In light of this incident it has to be said that people need to be more careful when they drive. Those taking prescription drugs should try to abstain from driving. If you are not too careful you might end up hurting yourself and others!

Ross Jurewitz is a Riverside car accident lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a Riverside County auto accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following a California car crash, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

A 13-year old Lake Elsinore girl was killed in a Riverside County pedestrian accident on February 5, 2010, as she and another teen were struck by a Toyota pickup while crossing Mission Trail Road near the intersection at Malaga Road in Lake Elsinore. This tragic car vs. pedestrian accident took place around 7:55 p.m.

The victim, Mandy Reyes, died within a few minutes of the auto accident, where as the other teenager sustained minor injuries to both legs. The preliminary investigation revealed that the driver of the pick-up was traveling south on Mission trail in a light rain when he collided with two juveniles, reported Riverside County Sheriff Sgt. Marc Cloutier.

Our office wishes to convey our sincere prayers and condolences to the family and friends of Mandy Reyes. It is just so tragic to lose someone so young! We hope pedestrians be more careful while they attempt to cross the roads.

Ross Jurewitz is a Riverside pedestrian accident lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a Lake Elsinore auto accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following a pedestrian accident, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

A 38-year old bicycle rider lost his life in a San Diego auto accident when a city dump truck slammed into the cyclist on February 8, 2010 around 12:50 p.m. This tragic bike accident took place in the Oak Park area of San Diego at the intersection of 54th Avenue and Krenning Street.

The man, whose name was withheld pending notification from family, died right on the spot of the traffic accident and could not even be taken to the hospital. Though nobody else was injured, the cause of the bicycle accident is still unknown as reported by San Diego police Detective Gary Hassen.

Our office wishes to convey our sincere prayers and condolences to the family and friends of the deceased cyclist. It has to be said that the intersection at which the car accident took place is a very busy place. The downhill run from the College Grove Drive, that meets 54th street, is a rather dangerous one. Care has to be taken by all the residents of San Diego and especially the bicyclists that they are in total control of their vehicles in this area.

Ross Jurewitz is a San Diego bicycle crash lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a San Diego bike accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following an injury accident, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

Two light rail passengers were injured in a San Diego trolley accident as their trolley slammed into a postal vehicle at Park Boulevard and G Street in East Village in San Diego. This auto vs. train accident took place around 11:30 a.m. on February 3, 2010.

Though no one lost their life, two passengers, a 40-year old man who uses wheelchairs and a woman in her 40s, were taken to Scripps Mercy Hospital and Kaiser Hospital, respectively. The man was treated for major trauma and the woman sustained minor injuries. Police are still investigating the cause of the crash.

Trolley accidents in Downtown San Diego are not unknown. Light rail drivers are known to enter intersections on the tail end of the yellow light, thereby causing traffic snarls and blocking intersections.

Ross Jurewitz is a San Diego personal injury lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a San Diego trolley accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following an injury accident, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

An argument over a taxicab resulted in the death of a 22-year old man named LaDonte Collins, on February 2, 2010, in the 7000 block of El Cajon Boulevard in San Diego. This unfortunate San Diego assault and battery took place in the early morning hours around 4:30 a.m. in the parking lot of the Ace Budget Motel.

The fatal assault appears to have been resulted from a quarrel between the victim and another man who both wanted to hire a taxi that had just arrived to pick up a fare outside the College Area motel. The quarrel heated up and ended with the other man, whose name was not immediately available, stabbing Collins and severely wounding him. Collins was taken to Sharp Memorial Hospital, where he was declared dead an hour later. The suspect was later turned over to the homicide detectives.

Incidents like these tend to leave us shocked and angry. How unjust and inhuman is it to take away a life in a fit of rage?! Our office wishes to convey our sincere prayers and condolences to the family and friends of LaDonte Collins in such difficult times.

Ross Jurewitz is a San Diego personal injury lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a San Diego assault and battery, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following an injury accident, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

Providing fresh insight into the teen skateboarder killed by in a Vista hit and run car accident, a 92-year old man has turned himself in to authorities saying that he might be the careless driver. A vigil was held in memory of 15-year old Lucas Giaconelli, who lost his life in when a car struck and killed him as he was skateboarding along Thobodo Road in Vista in North San Diego County.

It was during the vigil itself that the 92-year old suspect came forward asking why the vigil was taking place. The deputy with the San Diego Sheriff's Department explained about the Vista pedestrian accident. When the deputy was finished, the man said he had been driving on the street around the time of the accident and thought he had hit a small animal. The man’s car was then examined and the damage was found to be consistent with the fatal auto accident.

It has to be said that, though we are all concerned with the way young people drive, thought also has to be given to the danger posed by senior citizens driving when they perhaps should not. Clearly, due to their age, they can sometimes cause serious threats to fellow drivers and pedestrians. In some cases, such as in this accident, their carelessness and inability to react quickly can even cause death.

Ross Jurewitz is a Vista car accident lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a Vista auto accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following a hit and run auto accident or a car vs. skateboarder accident, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

A 15-year old Vista boy was killed by a hit and run driver in a tragic Vista car accident while he was skateboarding on Thibodo Road east of Edna Way. The teenager, identified as Lucas Giaconelli, was a freshman at Rancho Buena Vista High School.

This tragic accident happened on Friday, January 29,2010, around 7 p.m., when Lucas was struck from behind by a high-speed 1990 Toyota Camry while he was skateboarding with his friends. Lucas was knocked down to the street and was taken to an Escondido hospital where he succumbed to his injuries within an hour of arrival. The suspected driver was said to be driving a white model of Camry with tinted windows. It is believed to have a broken headlight and front-end damage, reported Sheriff’s Deputies.

Serious pedestrian accidents like these tend to shake our trust and faith in humanity. How cruel is it to leave anyone, most of all a child, gravely injured and bleeding on the road? The entire Vista community is shocked and grieving! Our office wishes to convey our sincere prayers and condolences to the family and friends of Lucas Giaconelli in such heartbreaking times. We hope for the accused to be caught soon.

Ross Jurewitz is a Vista personal injury lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a Vista pedestrian accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following a hit and run car accident or skateboarding accident, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

A 15-year old Vista boy was killed by a hit and run driver in a tragic Vista car accident while he was skateboarding on Thibodo Road east of Edna Way. The teenager, identified as Lucas Giaconelli, was a freshman at Rancho Buena Vista High School.

This tragic accident happened on Friday, January 29, 2010, around 7 p.m., when Lucas was struck from behind by a high-speed 1990 Toyota Camry while he was skateboarding with his friends. Lucas was knocked down to the street and was taken to an Escondido hospital where he succumbed to his injuries within an hour of arrival. The suspected driver was said to be driving a white model of Camry with tinted windows. It is believed to have a broken headlight and front-end damage, reported Sheriff’s Deputies.

Serious pedestrian accidents like these tend to shake our trust and faith in humanity. How cruel is it to leave anyone, most of all a child, gravely injured and bleeding on the road? The entire Vista community is shocked and grieving! Our office wishes to convey our sincere prayers and condolences to the family and friends of Lucas Giaconelli in such heartbreaking times. We hope for the accused to be caught soon.

Ross Jurewitz is a Vista personal injury lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a Vista pedestrian accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following a hit and run car accident or skateboarding accident, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.