Month: November 2018

Slip and Fall Injury Accidents

November 27, 2018 Injury Lawyer San Diego 0

If you fall due to a “dangerous condition” (e.g., ice, trip hazard, standing water, etc.) on someone else’s property and are left with an injury that is long-lasting or interferes with your daily routine, the premise owner may be liable for the injuries you suffered.

But how do you know whether you have a personal injury case in the first place? How should it be handled? Do you need a personal injury lawyer to help you?

Here are some facts about slip and fall liability.

First, you are not alone. Thousands of people are injured in slip and fall accidents every year, some of which are very serious. The causes of these injury accidents range from dangerous flooring, tricky stairs, an unexpected change in elevation that leads you to trip, or an uneven area of ground. These are known as dangerous conditions.

Keep in mind that although you may be injured due to these dangerous conditions, property owners may not be held liable unless they had “notice” of the dangerous condition and (1) either had an opportunity to fix it, or (2) had an opportunity to warn you and others of the dangerous condition. To be legally responsible for the injuries you suffered from slipping and falling on someone else’s property, at least one of the following must be true:

  • The owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot.
  • The owner of the premises or an employee must have known of the dangerous surface but done nothing about it.
  • The owner of the premises or an employee should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.

Some tricky wording (you may have noticed “should have” quite often) often leaves room for debate between attorneys for property owners and injury victims. Liability relies heavily on whether the property owner followed its’ own rules and guidelines and whether the property owner or its’ employees used common sense to recognize and fix a dangerous condition. A debate also hinges on what was “reasonable” considering the circumstances. It is often important to determine whether the owner makes regular and thorough efforts to keep the property safe and clean and whether such “inspections” occurred just prior to your injury accident.

Some things to consider when you are considering whether you should pursue your slip and fall injury claim and whether you need the help of a trained personal injury attorney with experience litigating premises liability cases:

  • If you tripped over or slipped on an object that should not have been on the property (the “dangerous condition”), had the dangerous condition been there long enough that the owner should have known about it?
  • Does the property owner have a regular procedure for examining and cleaning or repairing the premises? If so, what proof does the owner have of this regular maintenance?
  • If you tripped over or slipped on an object on the ground, was there a legitimate reason for the object to be there?
  • If there once had been a good reason for the object to be there but that reason no longer exists, could the object have been removed or covered or otherwise made safe?
  • Was there a safer place the object could have been located, or could it have been placed in a safer manner, without much greater inconvenience or expense to the property owner or operator?
  • Could a simple barrier have been created or a warning been given to prevent people from slipping or tripping?
  • Did poor or broken lighting contribute to the accident?

Bear in mind that the notice requirement is a double-edged sword. The primary way the property owner will learn of a dangerous condition is through a visual inspection–in other words, they saw it on their property. Seeing the dangerous condition is enough to put the property owner on notice. However, if the dangerous condition was visible to the property owner, the property owner will argue that you should have seen it too and avoided it. In other words, the property owner will argue that you bear some or all of the responsibility for causing your injuries. This is called “contributory negligence”. It does not prevent you from recovering money for your injuries, but if a jury agrees with the property owner it will reduce the verdict in your favor.

For example, if you slip on water on a supermarket floor, a jury will be asked to determine whether the property owner was responsible for your injuries and whether you were contributorily negligent. Let’s say that a jury determines that your injury is worth $100,000 and that the property owner is 75% responsible and you are 25% contributorily negligent. The result of this verdict is that you will receive a verdict of $100,000 minus 25% ($25,000), for a net jury verdict of $75,000.

Because determining whether a property owner is legally responsible for a slip and fall injury is never absolutely determined until trial–both the property owner and injury victim will have arguments in their favor–many personal injury attorneys do not like representing slip and fall accident victims. These personal injury lawyers prefer cases where legal responsibility is determined, like rear-end car collisions, and the only issue they have to fight over is the value of the injured person’s injury. If they do take the rare slip and fall case, they are often lost or unmotivated to do the hard work needed to successfully prosecute these claims.

That is why you need an experienced slip and fall accident lawyer to help you. We have built a reputation in San Diego, Southern California, and the entire state of California as successful slip and fall accident lawyers who know how to build, document, and strengthen serious slip and fall accident cases. That reputation is known amongst other personal injury attorneys, many of whom regularly refer their slip and fall accident clients to our office due to our expertise. In addition, it is known by the insurance companies and lawyers for property owners who know that we will take these cases to trial and will be successful.

If you or a loved one have been injured in a slip and fall accident and you would like more information, contact us for a free consultation. We will make sure that none of your questions are unanswered and that you are informed about the legal process for slip and fall accident cases.

Negligent Security Information

November 27, 2018 Injury Lawyer San Diego 0

Many people do not realize that a business can be held legally responsible for injury or death due to the business’s negligent security. Issues of dim lights, video cameras that do not work, broken locks, and lack of security patrols could be the difference between life and death if they create unsafe situations. Criminals wait for an opportunity to strike, and if security provided the opportunity to harm innocent victims then property owners may be legally responsible for those injuries.

Convention centers, shopping malls, apartment buildings, office buildings, hotels, motels, and other property owners are responsible for maintaining a safe environment for their visitors, workers, and residents. Consider some of the issues if you believe that you have been harmed due to negligent security:

  • Was your loved one attacked where a business should have known about a criminal threat and responded to them? If an area has a history of crime, or if the police have been called on many occasions, the business should provide a reasonably secure environment. This includes, and is not limited to, proper lighting, security guards, and surveillance cameras.
  • Parking lots should have sufficient lighting to guide people to their cars and discourage criminals from mugging innocent people. Even adjacent business owners may hold a degree of liability in these cases.
  • Business owners that are aware they are in a high crime area that does not maintain their security systems on windows and doors or have failing buzzer systems, may be held liable for attacks that caused injury or wrongful death.
  • If a school ignored a threat of violence, they could be liable as well. Did the school have a plan for dealing with violence? Negligent security may be a factor if your child was harmed while at school.

If any of this sounds familiar to you or your loved one’s injury or wrongful death, you may have a claim against a business for negligent security. These cases are very fact specific and reviewing your case with an experienced premises liability trial attorney is a must. We have built a reputation for successfully prosecuting negligent security cases. Many lawyers, due to the difficulty and expense, do not handle these cases. We do. In fact, other personal injury lawyers routinely refer their premises liability clients to our office because of our successful reputation. You can contact our office for a free consultation at any time to learn about your legal rights.

Helpful Personal Injury Case Information

November 27, 2018 Injury Lawyer San Diego 0

Personal Injury Case Articles

  • This Opinion Maybe the Most Important Decision for California Personal Injury Attorneys and Their Injured Clients!
    The Howell v. Hamilton Meats & Provisions, Inc. decision may be the most important decision for California personal injury attorneys and their injured clients. The California Court of Appeals reinstated the collateral source rule’s guarantee that plaintiffs are entitled to the full billed value of their medical bills and not the discounted payment from their private health insurance carrier. ssdi payment calculator – In this case, a San Diego, CA woman won her appeal to have $130,000 of her jury verdict reinstated after the Court discounted the verdict by the reductions obtained by her health insurance.
  • The Third Appellate District Becomes the Latest Appellate Court to Uphold the Collateral Source Rule That Negligent Defenders Should Not Benefit from Injured People Who Have the Foresight to Purchase Health Insurance.
    The California Court of Appeals for the Third Appellate District recently ruled in King v. Willmett that the collateral source rule bars the reduction of jury verdicts based upon reduced amounts paid by the injured person’s health insurance company. The rule prevents the courts from rewarding negligent defendants from benefiting from the foresight of injured people who purchased and then used health insurance to pay for their medical care arising from an accident. This is a very important decision benefiting California injury victims. It overrules the argument made by insurance defense attorneys in the Nishihama and Haniff cases. Schedule a free consultation with an experienced disability attorney or representative in the Phoenix area, and all of Arizona. Call (888)939-4692 or via the web https://disabilityhelpgroup.org. We would be honored to answer your questions or represent your case.
  • Get Out of Red Light Camera Tickets with This California Appellate Court Case–People v. Khaled
    In People v. Khaled, the California Court of Appeals ruled that the hearsay rule applies to photographs and videotapes used by police agencies to enforce red lights at intersections monitored by cameras. In order to substantiate the photographs, prosecutors must call witnesses who can lay a foundation for when, where, and how the photograph is taken in order for it to be introduced into evidence. Further, laying such a foundation is necessary to establish that the photograph was not altered by Photoshop or some other method.

Answers to Personal Injury, Wrongful Death, and Car Accident Questions

November 27, 2018 Injury Lawyer San Diego 0

Q: What can threaten my California slip and fall claim?

A: If you have suffered injuries after falling on slippery tiles, you should speak to a San Diego injury law firmto discuss filing a California slip and fall claim. Denial, low settlement offers, and unfair adjusters could ruin the outcome of your California slip and fall claim.

Since this kind of claim can be very difficult to pursue, it’s best that you don’t try to tackle it on your own. Therefore, you should know about the various ways in which your claim could be minimized or denied when you’ve fallen on slippery tiles so that you can help your law firm build your case.

Threats to a California Slip and Fall Claim

Keep in mind that insurance adjusters will try all sorts of tactics to settle your claim as quickly and cheaply as possible. It doesn’t matter if you have suffered a traumatic brain injury while losing your balance on slippery tiles.

One threat to your claim is that it could be outright denied. Insurance companies will search for any loopholes that put you at fault or cast doubt on your version of how your accident occurred.

Another threat is that you may be offered an unfair settlement. A San Diego injury law firm can help determine whether a settlement is truly fair and will address any future medical or vocational needs. If you accept a low settlement before you realize the full extent of your injuries after you slip and fall on slippery tiles, you will not be able to ask for more damages.

Your claim could also be threatened if you think your insurance adjusters are fair. Be advised that their goal is to save the company money, not to look out for your best interest.

Act Now For Help With Your California Slip and Fall Claim

If you or a loved one have been injured in a slip and fall accident in California, we are here to help. When you’re ready to get started on your case, simply contact our law offices online or by phone. The consultation is free!

California Bans Texting While Driving

November 27, 2018 Injury Lawyer San Diego 0

On July 1st, 2008, California passed a law that made it illegal to talk on your cell phone while driving, unless the driver had a hands-free device, such as a Blue Tooth enabled headset. The purpose of this legal adjustment was to rid drivers of distractions and allow them to concentrate more fully on the road.

When this law was enacted, instead of removing distractions, a new demon came about: texting. Engaging in texting, which requires users to both read, type, and send, suddenly appeared to make talking on the phone much less harmful. In response to this, California made it illegal to text while driving on January 1st, 2009, anywhere within the State, including San Diego County.

While the exact statistics of accidents caused while texting are difficult to ascertain, illegally texting while driving could potentially lead to some of the following scenarios:

  • Hitting a pedestrian in a crosswalk in Oceanside, CA
  • Fatally injuring a biker along the road in Coronado, CA
  • Rear-ending a semi-truck on the freeway in San Diego, CA
  • Running a red light at an intersection in Santee, CA
  • Failing to navigate a curve and plummeting in a ditch on State Route 67 in Ramona, CA

According to a 2006 study conducted by the National Highway Traffic Safety Administration and the Virginia Tech Transportation Institute, the leading factor in most car crashes and truck wrecks were deemed to be driver inattention.

Not all states have laws against talking on the phone or texting while operating motor vehicles. A lot of states are still wrestling with this issue as they have seen a ride in fatal car accidents due to texting and cell phone usage. But all who take the road in California are subject to California laws, and all drivers are responsible for their automobiles and remaining free of distractions.

If you or a loved one are the victim of a car accident caused by a driver’s inattention, and especially while on the phone or driving, you deserve to be compensated for your sufferings, and you may need a lawyer to help you win your case. We have the experience and quality in serving the San Diego County personal injury victims.

With convenient offices near the trolley line in Downtown San Diego and in Carlsbad, CA for our clients in North San Diego County, we are dedicated to helping the victims of car accidents in the San Diego County and to providing a high level of responsiveness, communication, and personal attention.

Postponing a conference call will not kill you; looking down to answer your phone and missing a red light could.

Texting While Driving Injuries

November 27, 2018 Injury Lawyer San Diego 0

Any Distraction can Endanger a Driver’s Safety. However, Texting is the Most Alarming Because It Involves All Three Types of Distraction –Visual, Manual, and Cognitive.

5 Unknown Facts About Texting and Driving

Motor vehicle crashes remain the leading cause of death for American teenagers.

According to a survey conducted by the American Automobile Association and Seventeen magazine, almost nine in 10 teenage drivers (86%) have driven while distracted, even though 84% say they know they shouldn’t.

Because texting involves both physically taking the phone out, mentally thinking about, and reading the text, it is especially dangerous for young teens who are inexperienced and more risk-taking behind the wheel.

Source: National Highway Traffic Safety Administration (NHTSA)

The No. 1 source of driver inattention is the use of a wireless device.

Distracted driving is a growing problem on America’s roads, and the number of injuries and deaths will keep climbing every year unless drivers start educating themselves about safety regulations.

Text messaging has grown an almost 10,000-fold increase in 10 years and many drivers still continue to text even though they are aware of the dangers (Virginia Tech/NHTSA). Most of us have texted while driving; and though you may not have gotten into an accident, you probably drifted into another lane or had to make a sudden stop because you were distracted by the text message. Yet, we still make no efforts to stop.

Drivers who use handheld devices are four times as likely to get into crashes serious enough to injure themselves.

(Insurance Institute for Highway Safety)

In addition, drivers who are texting can be more than 20 times more likely to crash than non-distracted drivers. The National Safety Council estimates 25 percent of all crashes in 2008 involved talking on cell phones – accounting for 1.4 million crashes and 645,000 injuries that year.

As a response to these astounding numbers, California law passed the Wireless Communication Device Law (effective January 1, 2009) banning drivers from writing, sending, or reading text messages on a wireless telephone while driving, (California Vehicle Code 23123).

Driving while using a cell phone reduces the amount of brain activity associated with driving by 37%.

(Carnegie Mellon University)

Because texting involves both physically taking the phone out, mentally thinking about, and reading the text, it is especially dangerous for young teens who are inexperienced and more risk-taking behind the wheel.

Texting while driving involves three types of distraction: visual, manual, and cognitive. The process of reaching for a phone and reading a text message requires you to take your eyes off the road, taking hands off the wheel, and take your mind off what you are doing.

Using a cell phone while driving, whether it’s handheld or hands-free, delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of 0.08%.

Car and Driver Magazine was the first to put this to the text. Rigging a car with a red light to alert drivers when to brake, the magazine tested how long it takes to hit the brake when sober, when legally drunk at .08, when reading and e-mail, and when sending a text.

The results were frightening. The driver was slower reaching and braking while e-mailing and texting than he was while under the influence of alcohol. This proves that in some ways, texting while driving is more dangerous than drunk driving.

Source: University of Utah

Contact a California TWD Attorney

If you or a loved one are the victims of a car accident caused by a driver’s inattention, and especially while on the phone or driving, you deserve to be compensated for your sufferings, and you may need a lawyer to help you win your case. We have the experience and quality in serving San Diego County personal injury victims. Contact our personal injury office to set up a free consultation.

San Diego Wrongful Death Law Firm

November 27, 2018 Injury Lawyer San Diego 0

Money Can Never Replace the Hole Left Behind by the Loss of a Loved One, It Can Ease the Financial Pain that the Family Members Must Endure. We Can Help the Dependents Obtain the Monetary Help They Need.

Money can never replace the hole left behind by the loss of a loved one. However, justice and California law requires a negligent party to pay for all the damage they cause, including the death of another person. Making sure your family obtains full justice means receiving money that can ease the financial pain that the family members are burdened with after someone close has died.

In the event of a fatal accident in San Diego caused by the negligence of another, the surviving relatives of the deceased victim have the right to make what is called a wrongful death claim. In a wrongful death claim, the surviving family is asking for monetary damages for the loss of their loved one.

In the state of California, a wrongful death claim generally consists of four elements:

  1. The death was caused, in whole or part, by the conduct of the defendant;
  2. The defendant was negligent or strictly liable for the victim’s death;
  3. There is a surviving spouse, children, beneficiaries or dependents; and
  4. Monetary damages have resulted from the victim’s death.

Who Can Sue?

First in line are the surviving spouse, children, and surviving issue of deceased children of the decedent.

If these claimants do not exist, then the next in line in order are the person’s parents, siblings, children of deceased siblings, grandparents, and then their linear descendants.

If none of these claimants exist, it can become a bit more complicated. The second group of claimants includes a putative spouse (someone who can prove that they were married to the decedent but not married by law), children of the putative spouse, stepchildren, and parents of the decedent.

When Must I File a Wrongful Death Claim?

Every state has a limit on the amount of time a person has to file a wrongful death lawsuit in court. In the state of California, the time limit, also called the statute of limitation, is about two years, with a few exceptions.

If you do not file your wrongful death action on time, you will be barred from filing it all together.

How Much and What Can I Sue For?

California law governs the amount of damages that can be recovered by beneficiaries.

Family members can sue for compensatory damages, which cover medical costs, funeral expenses, lost wages, grief, and loss of companionship.

Punitive damages may also be awarded in a wrongful death case if the defendant’s actions were particularly reckless and heinous. These damages are distributed among the survivors.

Contact a Wrongful Death Claim Lawyer

Because of the potentially high amount of monetary damages that can be recovered from a wrongful death claim, insurance will go to great lengths to defend themselves from these actions. It is best to have a dedicated wrongful death claim attorney by your side to make sure you get the best representation possible.

Our wrongful death claim lawyers will make sure you get the reparations you need and deserve. Contact our personal injury law office to set up a free consultation.

Avoiding Bicycle Accidents

November 27, 2018 Injury Lawyer San Diego 0

Safety Tips for San Diego Bicycle Riders to Avoid Common Accidents

In a city like San Diego, bicycle riders are abundant. Unfortunately, that also means that bike accidents are more frequent than in other cities. What can you, as a biker, do to help maintain safety and avoid getting hit by a car or truck? Of course, bike riders should take normal precautions such as wearing protective gear and reflectors to help other cars and vehicles see you on the road. If bicyclists routinely did this, the number of bike accidents would be greatly reduced.

There are other routine safety tips that bike riders should follow. If you’re riding at night, get a light. If you have a horn or other noisemaker, be sure to sound it to alert drivers of your presence. And you should be in the habit to slow down when nearing intersections in case you do not have enough time to take safe measures.

However, there are some bicycle crashes which can not be prevented simply by using the proper protective gear and safety equipment. Of these frequent bike accidents, there are several typical kinds which replay themselves over and over. Here are a few ways to avoid these common bicycle accidents.

The Right Cross

This bicycle accident happens when a bicyclist comes up to an intersection with a car approaching perpendicular to the bike on the right. Rather than wait for the bicyclist to cross the intersection, the car pulls out into the intersection and pulls out in front of the bike or “t-bones” the bicyclist when the car enters the nearest lane of traffic.

Many times, bicyclists ride as far to the right of their road as they can. However, when it comes to intersections, if you can come out a little further so that you are riding a car’s width away from the curb, it is much safer. That is because more car drivers are likely to look for cross traffic coming from the lane of traffic, compared to looking for bikes or cars near the sidewalk.

Door Collisions

If you’re riding on a street where cars frequent parallel park near the curbline, do not ride close to the parked cars. A lot of drivers will keep a car door open while they collect things or will unexpectedly open their door, which could lead to you crashing into the car door.

If you can safely move further to the left away from the parked cars without interfering with traffic, be sure to do so. Otherwise, slow down and drive your bike patiently. It may be inconvenient, but it’s better than getting in an accident.

The Right Hook

Often, when a bicyclist is going straight through an intersection, drivers try to overtake the bike rider and then make a right hand turn in front of them. This can oftentimes lead to the car driver miscalculating how far ahead he is from the bicyclist and making it more likely that the bike rider will collide with the vehicle making a right hand turn.

When approaching an intersection, it is helpful to ride in the street to avoid being put in this position. Riding in the sidewalk is not preferable. First, sidewalks are for pedestrians. But, more importantly, sidewalks make you much more invisible to the traffic than you would be if you were riding alongside a car. Be sure to ride to the left, a comfortable distance between the curb and right hand turn lane. If you take up a little more space, it makes it harder for vehicles to overtake you or cut you off. Glance in your mirror before crossing the intersection.

If you don’t have handlebar or helmet mirrors, they would be a wise investment.

While these are just a few of dozens of the typical bike accident scenarios, working to maintain your safety in these give you skills to deal with other typical accidents. Bike riders tend to be at a disadvantage when they are involved in San Diego car accidents and often times risk death. Err on the side of safety and keep San Diego a safe, bike-able city.

What are the Dangers of Long-Term Cortizone Injections?

November 26, 2018 Injury Lawyer San Diego 0

You or someone you know may have used cortisone injections to treat their joint pain following an injury accident. Over the years, cortizone injections have been proven to reduce pain and inflammation on people’s shoulder, knee, neck, and back injuries following an accident. However, the long-term use of cortizone injections also has harmful side effects that many people do not know about.

Our San Diego personal injury attorneys recently wrote an article about the benefits and potential dangers of prolonged cortisone injections on our injury accident website. Before you use this type of treatment, make sure you are informed of what the drug could do to you and what the risks and benefits. For more information, please read the full article.

Elderly Man Crashes Car Into La Mesa Store

November 26, 2018 Injury Lawyer San Diego 0

An unidentified elderly man crashed his car into the wall of Cost Plus World Market in La Mesa on November 17, 2010. The elderly car driver said that his foot hit the accelerator and the car went in reverse. It appears that the man did not realize that his car was in reverse and was attempting to drive forward. According to witnesses, the elderly car driver crashed into three mailboxes and parts of a concrete wall before his car came to rest against the wall.

The auto accident raises several concerns that are often mentioned about elderly drivers. Even assuming that the elderly driver did not realize his car was in reverse, why didn’t he remove his foot from the accelerator and apply the brake as soon as his car went backward? Why did it take a concrete wall to stop the vehicle? Presumably, if the car did not collide with the wall it would have kept on traveling and could have struck and killed or injured pedestrians or other motorists. Should elderly drivers be tested more frequently? Should elderly drivers be allowed on the road past a certain age? After their motor skills deteriorate to the point when they don’t realize which direction they are going? Or after they cannot apply the brakes quickly? These are legitimate questions but have to be tempered with the desire of elderly drivers to remain independent and be able to commute on their own as needed.

We are very thankful that no other motorist or pedestrian was injured in this La Mesa car accident.