The Most Dangerous Lines of Work in San Diego

March 30, 2018 Injury Lawyer San Diego 0

With years spent representing San Diego residents injured both on and off work, We understand the dangers present in all manner of workplaces and also that some lines of work feature more hazards than others. According to the U.S. Bureau of Labor Statistics (BLS), there was an average of 118 injuries per 10,000 full-time workers in 2010. While injuries range from minor trauma that is quickly recovered from to fatality-causing injuries, every worker is in danger of suffering some form of injury during his or her career. But what jobs have a greater likelihood of injuring employees?

To stay as safe as possible, San Diego workers must understand the dangers of the professions they work in or are considering joining. Some of the most dangerous jobs commonly found in and around the San Diego area include:

  • Fishing Work: High injury and fatality rate due to harsh weather conditions and heavy equipment that can cause serious injuries during an accident.
  • Truck Driving: Long driving hours and grueling schedules put drivers at a higher likelihood of a crash, which is often much more devastating than a normal car accident.
  • Industrial Repair: Working with malfunctioning heavy equipment can cause unexpected accidents affecting repair workers attempting to fix the machine.
  • Construction: Unfinished structures, heavy machinery, dangerous equipment, large motor vehicles, and high work zones can easily cause an accident that is severe in nature.
  • Electrical Installation/Repair: Working with electrical equipment can electrocute a worker during an accident, equipment malfunction, or co-worker mistake.

Work injuries are common, but thankfully workers’ compensation can help an injury victim recover from their trauma and not suffer the financial consequences of being unable to work. Unfortunately, compensation is often denied for valid claims. San Diego workers’ compensation attorney can aid you in your search for proper injury compensation. For a free consultation on your case, contact us.

San Diego Bus Accident Injures Nine People

March 29, 2018 Injury Lawyer San Diego 0

Nine people were injured in a San Diego bus accident that occurred between a Metropolitan Transit System and a Mitsubishi Eclipse in the City Heights area of San Diego on March 24, 2010 around 3:40 p.m.

The car driver was apparently drunk and ran a red light at the University Avenue intersection with 37th Street. He then collided into the bus that was eastbound on the 37th Street. The car rammed into the bus just behind its front wheels which made the Eclipse spin. The drunk driver fled from the scene on foot. The collision caused back and neck pains to nine of the forty passengers.

Our office hopes for the young driver of the Eclipse is caught as soon as possible and prosecuted. He should be charged for such reckless behavior and for felony drunk driving causing injury. Driving while intoxicated is inexcusable, particularly when it causes serious injury.

We sincerely hope and pray that none of the injured victims sustain any-life threatening injuries

One of Tort Reform’s Biggest Lies Disproved….Again

March 28, 2018 Injury Lawyer San Diego 0

We’ve written twice now about Oklahoma’s current tort reform efforts led by Republican Senate President Pro Tem Tom Glenn Coffee (R–Oklahoma City), a former medical malpractice defense lawyer.

One of the big myths leading the Oklahoma tort reform movement and tort reform, in general, is that without tort reform, doctors will flee to other jurisdictions with tort reform. The argument goes that with tort reform, medical malpractice insurance rates go down and attract doctors–while high insurance rates drive doctors away.

The problem is that the data does not support the myth. That is the case again in Oklahoma. According to this Edmond, OK news story, the number of Oklahoma doctors is increasing even while the tort reform movement is claiming they are fleeing. In addition, the doctor-owned medical malpractice insurance carrier, Physicians Liability Insurance Company, is in the best financial shape in its three-decade-long existence. The company is posting record profits and will be the clear winner if the Oklahoma tort reform bill passes limiting injured medical patient’s right to be compensated for injuries caused by their professionally negligent doctors.

Like any political issue, it is always important to look and investigate the real data underlying the tort reform movement. Is there a real reason to substantially limit injury victim’s right to justice? If so, what is the purported benefit? And, last, is that benefit worth the cost? In almost all cases, the answer to these tort reform questions is “No”.

If you or any of your loved ones have been injured or killed due to medical malpractice, contact San Diego medical malpractice lawyer and the San Diego personal injury attorneys.

Oklahoma Tort Reform Measure Revisited

March 28, 2018 Injury Lawyer San Diego 0

Clayton Hasbrook, an Oklahoma City personal injury lawyer with the law firm Hasbrook & Hasbrook, recently cited our blog and our post about the Oklahoma Tort Reform bill.

Given that he represents the very people this bill will affect, Clayton has some strong opinions about the bill.

Oklahoma Tort Reform: An Unfounded and Misguided Attack on Injury Accident Victims

About a month ago, we wrote about the emerging and ongoing efforts by Oklahoma Republican legislators and former medical malpractice defense attorney and Oklahoma Senate President Pro Tem Glenn Coffee (R-Oklahoma City) to initiate a new batch of tort reform measures. In our post, we argued that the Oklahoma tort reform plan does not go far enough because it does not require doctors to take substantive positions regarding their own negligence.

However, the Oklahoma tort reform measure keeps growing additional reform measures–all of which hurt Oklahomans and are being sold to the public as a way to prevent “greedy plaintiffs’ lawyers” from profiting from “frivolous lawsuits”. Never mind the fact that the job of barring frivolous plaintiffs from recovering is the role of the insurance defense lawyer and judge, not the Oklahoma legislature.

The most recent Oklahoma tort reform attacks include special class action rules for lawsuits brought against tobacco companies, a cap on non-economic damages (also known as “pain and suffering”) at $300,000, expert certification before a lawsuit can proceed, and requiring consumers to “opt in” rather than “opt out” of class action litigation.

One of the more egregious tort reform measures interferes with an injury accident victim’s ability to find a lawyer by placing compensation restrictions on that attorney. Contingency fees, meaning fees which are only collected upon a successful completion of litigation, are capped at 33 percent of the first $1 million dollars recovered under the proposed measure. For higher awards, the contingency fee award is limited at 20 percent.

While some may not appreciate the effect the contingency fee cap would have on the civil justice system, I can personally tell you that the proposed cap would make it nearly impossible, if not completely impossible for some people with legitimate injury accident claims to find an attorney. A contingency fee arrangement allows someone who cannot afford to hire an attorney at $300 or $400 per hour (rates normally charged by insurance defense counsel, and paid by insurance companies to defend lawsuits) to hire an attorney. A contingency fee spreads the risk of failure from the client alone to both the client and his attorney. The rate charged reflects the anticipated value of services provided to the client (as well as the risk of failure) relative to the anticipated value of the case. It is not unusual for lawyers in simple, straightforward claims to charge less than 33%. Similarly, it is not unusual for lawyers in far riskier cases to charge as much as 40-50% for their fees. The fluctuation in the rate reflects the additional risk that the attorney might not ultimately be paid for his time.

What happens if the rate is artificially capped? Injury accident victims in riskier cases might not be able to find an attorney on a contingency fee basis because the anticipated risk calls for a fee that is higher than the capped rate set by the legislature. In those cases, lawyers might decline a contingency fee relationship and propose an hourly fee arrangement that most injury accident victims simply cannot afford.

Meanwhile, like all tort reform measures, the Oklahoma tort reform bill does not place any additional restrictions or requirements upon insurance companies or insurance defense counsel regarding their fees. Insurance companies can still pay however much they decide is appropriate to hire the best legal defense team they can. This is simply not fair and Oklahomans bear the sole cost of this unfairness.

If you live in Oklahoma, write to your governor and legislator and inform them that you do not support the Oklahoma tort reform bill.

Understanding the Effects of a San Diego Spinal Cord Injury Accident

March 28, 2018 Injury Lawyer San Diego 0

While modern medical treatment can cause full recovery from a variety of injuries, even the most sophisticated treatment cannot undo the damage caused by many spinal cord injury accidents. Accidents such as falls and car crashes in San Diego have violent impacts which can cause long-term and possibly permanent damage that alters how a person’s body functions.

The spinal cord is commonly injured by being twisted, extended, or compacted in an unnatural way that damages it suddenly. Additionally, swelling or broken vertebrae can put pressure on the cord or pierce it, which can cause temporary or permanent damage depending on the severity of the injury.

The spinal cord is categorized into sections, and injury to each section has different effects. The higher the injury, the more widespread the effects, with all injuries that would result at a lower level also occurring when injured at a higher point in the spine.

Cervical
Starting at the neck, this section is separated into levels C1 –C7 based on the vertebrae, with the highest injuries affecting neck movement and breathing through the lowest, which affect the shoulder, arm, and hand movement.

Thoracic
Beginning at the high back and continuing to the lower back, this section includes T1 – T12. Injuries here affect body control of the abdomen and trunk below the arms when they occur high in the section and partial loss of abdomen and trunk muscle control when they occur lower.

Lumbosacral
The bottom portion of the spinal column and tailbone is made up of sections L1 – L5 and S1 and S2. Injuries here affect various leg muscle control abilities, bowel and bladder control, and sexual function.

While some spinal cord injuries are temporary or only have a limited effect on an accident victim’s body, many others are permanent and have widespread effects. In either case, victims have the right to seek compensation for their losses from at-fault parties and should immediately seek experienced legal help following an accident. The San Diego spinal cord injury lawyers can aid you in your case and apply their years of experience to your lawsuit. Contact us today for a consultation.

Quick Safety Tips to Avoid San Diego Motorcycle Accidents

March 27, 2018 Injury Lawyer San Diego 0

The best way to avoid a San Diego motorcycle accident is simple: Motorcyclists need to make sure that they are visible to car and truck drivers. 

There are several easy ways to do that. They are:

  1. First of all, remember that San Diego drivers tend to have a difficult time spotting motorcyclists and reacting in time. Therefore, making sure that your headlight works and is on day and nights is imperative to staying visible.
  2. In order to be even more visible, increase the reflection of light and use reflective decal strips on your clothing and motorcycle.
  3. Make sure to be aware of blind spots that cars and trucks have and try not to stay in those blind spots for a long period of time.
  4. When braking, flash your brake lights a few times to catch a driver’s attention and make it a point to let them know that you are slowing down.
  5. Last but not least, if a San Diego driver does not see you, don’t be afraid to use your horn.

All of these safety precautions are easy to reach and will keep you much safer on our San Diego roads. For more useful information for motorcyclists, visit the Motorcycle Safety Foundation’s library.

If you or anyone you know has ever been injured on a San Diego motorcycle accident, please contact your San Diego motorcycle lawyer and the other San Diego personal injury attorneys.

Recognizing the Signs of San Diego CO Poisoning

March 27, 2018 Injury Lawyer San Diego 0

Carbon monoxide (CO) is an odorless, colorless, and tasteless gas that is produced by many gas-operated products found in homes throughout San Diego. It is also incredibly deadly when a person has been exposed to enough of it. While most products that create carbon monoxide gas are meant for outside use only, there are many defective household items, such as heaters and stoves, that may cause a major CO leak that endangers the lives and health of anyone exposed.

If exposed, carbon monoxide prevents a person’s red blood cells from taking in oxygen, thus keeping a person’s vital organs from receiving the oxygen they require to function. When exposed to enough, a person may die from poisoning. In order to protect oneself and family, install several CO detectors throughout the home and be on the lookout for symptoms of exposure. If suspicious, get everyone out of the home and outside and call 9-1-1 for help and aid to those who have been exposed.

Be on the lookout for these symptoms of CO poisoning:

  • Dizziness;
  • Drowsiness;
  • Headache;
  • Shortness of Breath;
  • Vomiting;
  • Chest/abdomen pain;
  • Nausea;
  • Weakness;
  • Hallucinations;
  • Seizure; and
  • Loss of consciousness.

Any of these symptoms may be a sign that a carbon monoxide leak is present. To prevent serious illness and permanent damage, get everyone out of the air immediately.

Often, CO poisoning accidents occur through no fault of the victim, but rather through defective products or the negligence of another party. If you or a loved one has suffered from CO poisoning, the San Diego carbon monoxide poisoning attorneys can help you find proper compensation from those responsible. To find out more, contact us today.

Pedestrian Struck by Car, Killed in Chula Vista Accident

March 24, 2018 Injury Lawyer San Diego 0

When cars driven by drunk drivers strike pedestrians in San Diego County, the result is never good. Unfortunately, that was the case again this past Sunday, March 22, when Ester Quinette Monroe, 28, of Spring Valley, was struck by a suspected drunk driver as she walked on Broadway between C and D Streets in Chula Vista.

The 2 a.m. Chula Vista pedestrian accident caused Monroe to be rushed to the hospital where she passed away. The 26-year-old female car driver was arrested of driving under the influence.

Oklahoma Tort Reform: An Unfounded and Misguided Attack on Injury Accident Victims

March 22, 2018 Injury Lawyer San Diego 0

About a month ago, we wrote about the emerging and ongoing efforts by Oklahoma Republican legislators and former medical malpractice defense attorney and Oklahoma Senate President Pro Tem Glenn Coffee (R-Oklahoma City) to initiate a new batch of tort reform measures. In our post, we argued that the Oklahoma tort reform plan does not go far enough because it does not require doctors to take substantive positions regarding their own negligence.

However, the Oklahoma tort reform measure keeps growing additional reform measures–all of which hurt Oklahomans and are being sold to the public as a way to prevent “greedy plaintiffs’ lawyers” from profiting from “frivolous lawsuits”. Never mind the fact that the job of barring frivolous plaintiffs from recovering is the role of the insurance defense lawyer and judge, not the Oklahoma legislature.

The most recent Oklahoma tort reform attacks include special class action rules for lawsuits brought against tobacco companies, a cap on non-economic damages (also known as “pain and suffering”) at $300,000, expert certification before a lawsuit can proceed, and requiring consumers to “opt in” rather than “opt out” of class action litigation.

One of the more egregious tort reform measures interferes with an injury accident victim’s ability to find a lawyer by placing compensation restrictions on that attorney. Contingency fees, meaning fees which are only collected upon a successful completion of litigation, are capped at 33 percent of the first $1 million dollars recovered under the proposed measure. For higher awards, the contingency fee award is limited at 20 percent.