Elders Hit While Crossing Street in Palm Springs

February 28, 2018 Injury Lawyer San Diego 0

87-year-old Robert Mathiasen and an 83-year-old woman were struck in a tragic pedestrian crash that occurred on February 24, 2012, around 7:28 p.m. in the 2000 block of North Palm Canyon Drive. According to Riverside County sheriff’s officials, both the victims were trying to cross the street when they were hit by a northbound Ford Taurus.

The pair was immediately transported to Desert Regional Medical Center for treatment, where Mathasen was later pronounced dead around 9:18 p.m. The Taurus driver cooperated with the investigation.

From the present facts, it is unclear as to how this pedestrian accident occurred. Was the motorist distracted? Or was he speeding?

The victim’s family members should immediately seek counsel from an experienced Riverside County pedestrian accident lawyer, who would educate them about their legal rights.

The victim’s family members may file a wrongful death claim against the car driver to obtain compensation to cover funeral and burial costs, loss of love, care and companionship, and other accident-related damages.

Our law office sends sincere condolences to victim’s family members. We also hope and pray that the injuries suffered by the female pedestrian heal soon.

FDA Issues Warning to San Diego About the Psoriasis Drug, Raptiva

February 27, 2018 Injury Lawyer San Diego 0

The Food and Drug Administration has issued a warning to San Diego doctors specializing in dermatology and patients about the psoriasis drug efalizumab, or Raptiva. This warning is linked to three deaths and possibly a fourth.

The three that were confirmed dead were all taking the drug Raptiva and were reported to have had a rare brain infection called progressive multifocal leukoencephalopathy (PML). In October of 2008, the FDA forced the drug maker, Genentech to highlight in a warning regarding the risks of life-threatening infections, including PML, on their product packaging.

The FDA has also directed Genentech to develop a Risk Evaluation and Mitigation Strategy to ensure that patients receive risk information about Raptiva. Also, the FDA wants to make sure that the risks do not outweigh the benefits.

Pit Bull, Rottweiler, and Wolf Hybrid Dog Bites are Still Rampant in San Diego

February 27, 2018 Injury Lawyer San Diego 0

Just take one look at the website DogsBite.org and you will be bombarded with stories about Pit Bull, Rottweiler, and Wolf Hybrid attacks. Just recently, in Texas, two adults got their eyes ripped out by pit bulls in a vicious dog attack.

Many times these dog attacks can be pretty gruesome and one of the scary things is that these attacks happen just as often on both adults and children. The combination of the three breeds amount to

* 77 percent of attacks that cause bodily harm
* 73 percent of dog attacks on children
* 83 percent of attacks on adults
* 70 percent of attacks that result in fatalities
* 77 percent that results in maiming

It is a myth that, in California, a dog owner is only responsible for his dog’s actions if the owner was negligent or irresponsible. In fact, California’s dog bite statute holds owners nearly “strictly liable”–meaning responsible even though they may have acted carefully–for their dog’s actions so long as the victim was legally allowed to be where the dog bite occurred (in other words, not a burglar, etc.).

Now, not all dogs of these breeds are dangerous. But Pit Bulls, Rottweilers, and Wolf Hybrids all have a higher propensity to be dangerous, which, when coupled with lax, weak, timid, or just irresponsible owners lead to the dogs losing control of their aggressive natures. Regardless, when a dog of any breed attacks, it is not man’s best friend and it is very savage in asserting its’ dominance over its’ victim.

If you or a neighbor have been involved in a dog attack or San Diego dog bite, please contact the San Diego dog bite lawyers to hold their owners accountable for their irresponsibility.

Pedestrian Fatally Struck By Car in Riverside County

February 27, 2018 Injury Lawyer San Diego 0

A woman was killed in a tragic pedestrian crash that occurred on February 26, 2012, around 6:21 p.m. at 7th Street and Grand Avenue. According to Riverside County fire officials, the victim was walking at the street when she was hit by a car.

The pedestrian suffered life-threatening injuries and was pronounced dead at the accident scene. From the present facts, it is unclear as to how this pedestrian accident occurred. Was the motorist distracted? Or was he speeding?

The victim’s family members should immediately seek counsel from an experienced Riverside County pedestrian accident lawyer, who would educate them about their legal rights.

The victim’s family members may file a wrongful death claim against the car driver to obtain compensation to cover funeral and burial costs, loss of love, care and companionship, and other accident-related damages.

Our law office sends sincere condolences to victim’s family members.

Department of Transportation Shuts Down Truck Operator for Unsafe Driving

February 26, 2018 Injury Lawyer San Diego 0

The Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation (USDOT), regularly shuts down trucking companies due to repeated or serious safety violations. The agency recently ordered an individual California truck driver off the road, however – an extra step that the agency rarely takes except in serious cases.

According to the out of service order filed by the FMCSA, the driver had violated both state law and federal regulations regarding drug or alcohol use and driving several times over the past year. The agency says that the driver has been cited more than once for driving a commercial vehicle while under the influence of alcohol or drugs. Impaired or drunk driving is dangerous in any vehicle, but when the driver is operating a large truck or bus, the results can be devastating.

The driver has also been cited for other safety violations, including areas such as the FMCSA’s Hours-of-Service rules and logbook requirements. The hours of service and logbook rules are intended to prevent accidents caused by fatigued driving. They limit the number of hours each day and each week a driver may be on duty, and require drivers to get rest during their off time.

Distracted, drowsy, or impaired truck drivers greatly increase the risk of harming others on the road. If you’ve been injured in a California truck accident, the experienced San Diego truck accident victim lawyers can help. Contact us today for a free and confidential case evaluation.

Will Schwarzenegger and GOP Hurt Californians With Tort Reform?

February 24, 2018 Injury Lawyer San Diego 0

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 a 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.

Bar and Concert Assaults: Negligent Security Attorneys in San Diego

February 23, 2018 Injury Lawyer San Diego 0

Property owners sometimes have a duty to ensure their patrons and visitors are safe while on their premises if they know of expected criminal activity which could occur on their property. Legally, this means that property owners with a heightened risk of danger or criminal activity will have to take reasonable safety measures to protect their visitors.

Unfortunately, some property owners do not adhere to their duties and their customers or patrons are injured from a third party’s criminal acts such as assault and battery. If you or a loved one has been injured or killed due to negligent security at a bar, club, or sporting event,  call our office for more information and a free consultation.

Why are San Diego Construction Sites So Dangerous for Workers?

February 23, 2018 Injury Lawyer San Diego 0

No matter where one works, people are always at risk for some form of work-related injury due to the various hazards present in workplaces in San Diego and across the country. However, while many workplaces only feature a few dangers or hazards that do not usually have catastrophic consequences, construction sites feature some of the greatest hazards and the potential for many types of workplace injuries in San Diego and the U.S. as a whole to occur.

Construction sites feature heavy equipment, unstable structures, and dangerous tools that can easily cause injuries, even when workers are being cautious. Some of the dangers present in most construction sites include:

  • Exposed wires;
  • Falling objects;
  • Unstable scaffolding;
  • Moving cranes and swinging objects;
  • Nail guns;
  • Construction vehicles;
  • Falling objects;
  • Trenches and pits; and
  • Unfinished and unstable buildings.

While not all of the dangers will result in accidents at every construction site, they present a high risk to all present, and even extensive safety precautions and responsible workers cannot prevent all accidents. These hazards also have a high likelihood of causing serious and even fatal accidents due to their extreme nature. Those injured, or the families of those that have died in construction accidents, have the right to seek workers’ compensation benefits.

Even though construction sites are known to be hazardous, it doesn’t make the injury claims of construction workers any less valid. If you have been injured while on the job, the San Diego construction accident lawyers have the experience and skills to help you find worker’s compensation. Contact our offices for further information on how we can help you.

San Diego Slip and Fall Law Firm

February 23, 2018 Injury Lawyer San Diego 0

Unfortunately, slip and fall accidents are very common, most often in supermarkets, stores, and restaurants. Employees that sweep and mop floors sometimes do a poor job, or they fail to warn their customers that the floor is slippery after mopping. Many employees also forget to display a “wet floor sign” which could warn their customers of a potential slip hazard Because of this, people can unexpectedly slip and fall and injure themselves.

The slip and fall attorneys have represented numerous clients injured by slip and fall accidents. For more information about how we can help you or your family member injured in a San Diego slip and fall accident, please contact us for a free consultation.

Slip and Fall Injuries are one of the Most Common Accidents and One of the Most Difficult Personal Injury Claims. Be Sure to Hire a Trained and Experienced Lawyer for Your Case.

Slip and fall accidents can happen anywhere, even in stores, restaurants, and shops.  Because these places require constant cleaning, employees have to constantly sweep and mop their floors.  Although this is a good practice for a business to have, sometimes these employees will do the job in a negligent and disorderly fashion.  Employees are supposed to warn their patrons or customers if the floor is slippery or wet.  Or at the very least, they should leave a “wet floor” sign on the wet area.

Common Injuries Stemming from Slip and Fall Accidents

When employees don’t follow proper safety protocols, their customers or patrons could slip and fall in their store.  Here are the common injuries stemming from slip and fall accidents:

  • Concussion
  • Broken back
  • Hip fracture
  • Back Pain
  • Dislocated knee and elbows

Will the Store be Held Liable for my Slip and Fall Accident?

When property is open to the public for business purposes, the customers or patrons are considered to be “invitees.”  These businesses have the obligation to warn these invitees of known obvious and non-obvious dangers, and they will be held liable if someone gets injured while on their property.  A wet floor is considered to be a non-obvious danger because you don’t know a surface is too slippery until it is too late.

Thus, when you slip and fall in a store through no fault or negligence of your own, the store will generally be held liable for your injuries.  This means, that the store will have to pay for your lost wages, medical expenses, and other damages you may have from the accident.

How Can a Slip and Fall Accident Attorney Help?

Unlike most other personal injury cases, the only way to obtain compensation for your injuries is by filing a lawsuit.   Once the lawsuit is filed, slip and fall attorneys know how to negotiate with the business, their insurance companies, and their attorneys.

Fortunately, our lawyers specialize in slip and fall accidents.  We have represented numerous slip and fall clients who have been satisfied with how our law office represented them and the compensation they received.  If you or someone you know has ever been involved in a slip and fall accident, please contact us for a free consultation.

The Arbitrary and Unfair Impact of Tort Reform

February 23, 2018 Injury Lawyer San Diego 0

Earlier today, my friend and New York medical malpractice attorney, Gerry Oginski posted 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 for 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 exceed $10 million and lost wages are $3 million or more.

This inequality in results, based solely on geographic location 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.