Articles by Injury Lawyer San Diego

Disability Appeal

San Diego Personal Injury Attorney: What You Can Do if the Insurance Company Becomes Difficult to Work With?

December 21, 2018 Injury Lawyer San Diego 0

If you have ever had to file a claim with your insurance company or the carrier for someone who has injured you, you’ve experienced the tactics that the insurance industry uses to force you to accept lowball settlement offers or to deny claims.

In a new article on our law firm website, San Diego, CA personal injury attorney tells you what you can do if the insurance company becomes difficult to work with.

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

Q: What can I do if the insurance company becomes difficult to work with?

A: Even in cases where liability is straight forward, insurance companies regularly try the same tactics as when liability is contested.  They try to deny your claim, delay your claim, confuse you, or refuse you.  This is not a shock.  All lawyers for injured people know this and so do the state agencies, like the California Department of Insurance, who regulate the insurance industry.  Unfortunately, the DOI which is intended to be the watchdog for the insurance industry in California does not seem to care or have the will to address these tactics.

The American Association for Justice issued a report, “Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse” which gives injured people some guidance and tips how to deal with the insurance companies.  To summarize, the Report provides the following tips:

  • Know What is Covered:  If you are making a claim to your own insurance company, know what types of coverage are contained in the insurance policy and how to go about appealing a denial.
  • Complete All Information Carefully:  A mistake, no matter how honest or trivial, can result in a denial.
  • Avoid Cashing a Premium Refund Check:  When your insurer decides to cancel your insurance coverage, one way it may do so is to send you a refund check for the premiums you have paid.  When you cash this check, it is saying that you agree to your insurance carrier canceling your coverage.
  • Put Everything in Writing:  Save all written correspondence and bills from the insurance company.
  • Contact the California Department of Insurance, if Necessary:  The DOI cannot represent you in a private complaint against your insurance company, but reporting the complaint may initiate a government investigation that leads to results.

If you follow these tips and the insurance company is still being difficult, you may want to consider consulting with an attorney who will be able to represent you against your insurance company.

What Surfaces Lead to the Most Slip-and-Fall Accidents?

December 19, 2018 Injury Lawyer San Diego 0

Slip-and-fall accidents often happen unexpectedly and with no time for a victim to brace him- or herself for the impact that follows. However, such accidents can be predicted when the surrounding surfaces and conditions of where an accident may occur are taken into consideration.

Various surfaces lend themselves to a higher frequency of slips, and when they are combined with other factors, such as spilled liquids and freezing temperatures, the circumstances are ripe for an accident.

Slips occur when the surface a person is walking on suddenly and unexpectedly loses friction, causing him or her to lose footing and slide.

This unexpected sliding usually results in the victim losing balance and falling forward or backward without the ability to prepare for impact.

Some of the most slip-and-fall-prone surfaces include:

  • Marble, terrazzo, and granite – Very slippery when wet.
  • Quarry tiles – Slippery when dirty and wet.
  • Ceramic tiles – Easily slippery when not treated for slip resistance.
  • Vinyl composition tile – Very little slip resistance, especially when waxed and polished or wet.

It is important to understand which types of flooring to use both indoors and outdoors, as surrounding factors like splashing water and rain can easily create dangerous conditions when combined with certain types of flooring. Pedestrians would be well advised to stay mindful of their surroundings and stay aware of what they are walking on. A floor does not need to be icy or even very wet to become dangerous.

Slip-and-fall accidents can easily result in severe injuries such as brain trauma, broken bones, fractures, sprains, and even death if the fall and impact is great enough. The San Diego slip-and-fall lawyers can help you get the compensation you deserve for the injuries suffered in such an accident caused by the negligence of property owners or maintenance crews. For more information on how we can help, contact our offices today.

Teen Suffers Broken Leg in Menifee Truck Accident

December 19, 2018 Injury Lawyer San Diego 0

A 16-year-old Menifee resident suffered a broken leg in a truck accident that occurred on December 13, 2011, around 5:47 p.m. at Encanto Drive and McLaughlin Road, east of I-215 on the border of Perris and Menifee. According to sheriff’s officials, the teenager was walking north on Encanto Drive when a northbound full-size Dodge truck being driven by a Nuevo woman hit him.

The teenager suffered a broken leg and was immediately transported to a nearby hospital for treatment. From the present information, it is unclear what caused this major truck accident that left one person seriously injured.

Since it is a pedestrian accident, the motorist’s negligence or reckless driving could have been responsible for causing the accident. If it is found that the driver was driving inattentively, then she may be held liable for this accident.

Meanwhile, the victim’s family members should immediately seek counsel from an experienced Riverside County truck accident lawyer who would educate them about their legal rights. The injured victims’ family may file a personal injury claim to obtain compensation to cover treatment, medical and hospital costs, and other accident-related damages.

Our personal injury law office hopes that the injuries suffered by the teenager do not prove fatal.

Battery Cases for iPod and iPhone Recalled Due to Burn Hazard

December 16, 2018 Injury Lawyer San Diego 0

The U.S. Consumer Product Safety Commission (CPSC) has recently issued recalls for two separate battery cases for the iPhone and iPod due to burn and fire hazards that each present. The recalls see the Mophie iPod Touch Rechargeable External Battery Case and Rocketfish iPhone 3G/3GS Battery Case both recalled after reports that the cases led to an overheating of the battery which caused burns and even fires in some cases.

The Mophie battery case has an integrated circuit switch which has been found to overheat and has led to deforming of the product and nine incidents of minor burn injuries. The product was sold at Barnes & Noble, Amazon, and other retailers, and has over 6,000 units being recalled. The company plans to issue replacements.

The larger of the two recalls, the Rocketfish Model RF-KL 12 Mobile Battery Case, was sold exclusively at Best Buy stores and has 31,000 units being recalled in the U.S. and 1,000 in Canada. Reports of the battery cases overheating while charging have resulted in minor burns and property damage due to fire. Best Buy will issue a $70 gift card to their stores in the U.S. and $105 in Canada to consumers who have the model.

Dangerous products present serious hazards to unsuspecting consumers who do not realize that they are in danger of major injuries caused by defects. If you or a loved one has been injured by an unsafe product, the San Diego defective product attorneys can help you win the compensation you deserve for your injuries. Contact our offices today for a free consultation on your injury case.

Marine Struck When Helping Disabled Driver, DUI Crash

December 15, 2018 Injury Lawyer San Diego 0

A marine was struck when he stopped to help a disabled motorist on Interstate 805 (I-805) in the Chollas View area on December 13, 2011, around 2 a.m. According to the California Highway Patrol, the Marine and two others stopped on the southbound connector to eastbound SR-94 when he was hit.

The Marine was struck by a minivan driven by a woman, who was subsequently arrested on suspicion of drunken driving. Paramedics took the Good Samaritan to UCSD Medical Center to receive treatment for the injuries suffered.

From the present information, it is quite clear that the reckless driving and irresponsible actions of the motorist led to this serious car wreck that left a Good Samaritan seriously injured. If the motorist is determined to have been at fault in this case, then she could not only face criminal DUI charges but could also be held responsible for the injuries suffered and the damages caused. To drive a vehicle under the influence of alcohol is a direct violation of California traffic laws.

The injured victim’s family members should immediately seek counsel from an experienced San Diego County DUI auto accident lawyer who would help them obtain timely compensation to cover treatment, medical and hospital costs, loss of wages, loss of earning capacity, and other accident-related damages.

Our San Diego personal injury law office hopes that the injuries suffered by the Marine do not prove fatal.

Elderly Pedestrian Struck and Pinned Under Car in Thousand Oaks

December 13, 2018 Injury Lawyer San Diego 0

83-year-old Ella Mae Day of Thousand Oaks was pinned under a car in a tragic pedestrian accident that occurred on December 7, 2011, in the 1000 Block of Calle Almendro in Thousand Oaks. According to Ventura County sheriff’s officials, Day was walking on the sidewalk west of her home when she was struck and pinned down by a vehicle backing out of a driveway driven by 80-year-old Marshall Bowen.

Day suffered blunt force injuries to the chest and was pronounced dead at the accident scene. From the present information, it is unclear what caused this major car accident that claimed one life.

Since the driver was backing, the motorist’s negligence or reckless driving could have been responsible for causing the accident. If it is found that the driver was driving inattentively, then he may be held liable for this accident.

Meanwhile, Day’s family members should immediately seek counsel from an experienced Ventura County pedestrian accident lawyer, who would educate them about their legal rights. This lawyer may also help the deceased’s family obtain compensation to cover funeral and burial cost, loss of anticipated earnings, loss of love, care and compassion, and other accident-related damages.

Our personal injury law office sends sincere condolences to the victim’s family and friends.

Elderly Pedestrian Killed in Fontana Car Accident

December 12, 2018 Injury Lawyer San Diego 0

61-year-old Domingo Nava of Fontana was killed in a tragic pedestrian accident that occurred on December 3, 2011, around 5:54 p.m. near the intersection of Sierra Avenue and Reed Street. According to San Bernardino County coroner report, the pedestrian was hit by a vehicle while he was walking across the street.

Nava suffered major injuries and was immediately transported to Kaiser Hospital for treatment where he was pronounced dead at 7:22 p.m. From the present information, it is unclear what caused this major car accident that killed the elderly pedestrian. Was the driver negligent? Did the car driver fail to notice the pedestrian and stop the vehicle in time to prevent the collision? Was the victim walking in a marked crosswalk?

Nava’s family members should immediately seek counsel from an experienced San Bernardino County pedestrian accident lawyer who would educate them about their legal rights and options. The deceased’s family members may file a wrongful death claim against the motorist to obtain compensation to cover the cost of funeral and burial, loss of love, care and companionship, and other accident-related damages.

Our personal injury law office sends our deepest condolences to the Nava’s family.

Apple Valley Car Accident Injures Pedestrian

December 8, 2018 Injury Lawyer San Diego 0

35-year-old Clifford Richardson was injured in a serious pedestrian accident that occurred on December 1, 2011, around 11:12 p.m. in the traffic lanes of Highway 18 (SR-18) east of Apple Valley Road. According to San Bernardino County sheriff’s officials, Richardson was hit from the back by a motorist while he was walking around the traffic lanes.

Richardson suffered serious injuries and was immediately transported to St. Mary’s Medical Center from where he was airlifted to a trauma unit. 70-year-old Floyd Keeth who struck Richardson told officials that he failed to see the dark-clothed victim.

The injured pedestrian’s family members should immediately seek counsel from an experienced San Bernardino County car crash lawyer who would educate them about their legal rights. The injured victim may also file a personal injury claim against Keeth to obtain compensation to cover treatment, medical and hospital costs, and other accident-related expenses.

Our personal injury law office hopes that the injuries suffered by the pedestrian do not prove fatal.

Young Boy on Bike Hit by Car in Sherman Heights

December 6, 2018 Injury Lawyer San Diego 0

A 6-year-old bicyclist was injured in a serious car wreck that occurred on December 4, 2011, around 2:45 p.m. near 25th Street and L Street in Sherman Heights. According to the police, the car had stopped at traffic light. As the car began to move, the boy went off the sidewalk on his bike and darted in front of the car.

The boy suffered a bruised lung and abrasions and was immediately transported to Rady Children’s Hospital to receive treatment. From the present information, it is unclear what caused this major car accident that injured a young boy. Was the driver negligent? Was the boy at fault? Did the car driver fail to notice the boy and stop the vehicle in time to prevent the collision?

The young boy’s parents should immediately seek counsel from an experienced San Diego County bicycle accident lawyer who would educate them about their legal rights and options. The injured boy’s parents may file a personal injury claim to obtain compensation to cover treatment, medical and hospital costs.

Our San Diego law office sincerely hopes that the injuries suffered by the young boy do not prove life-threatening.

California’s “Strict Liability” Dog Bite Rule

December 6, 2018 Injury Lawyer San Diego 0

California is one of several U.S. states that has “strict liability” for dog bites. This rule can have a significant effect on how you and your skilled San Diego County dog bite injury attorney decide to approach your case after a dog bite occurs.

In “strict liability” dog bite states like California, an owner may be held liable for a dog bite even if the dog has never bitten before or the owner had no reason to believe the dog would act aggressively toward others.

Dog Bites

She just wanted to pet the doggy…
  • Your toddler is severely injured when she approaches a loose dog in a Chula Vista park. The dog bite leaves her with severe facial scarring and lost vision in one eye.
  • Your grandfather is hospitalized with a broken hip and cracked ribs after a dog on a leash lunges and knocks him down on an Escondido, California sidewalk.
  • You are delivering furniture to a house in San Marcos, CA. When the homeowner opens the door, her dog lunges at you, clamps down on your leg, and doesn’t leg go until the ligaments in your knee are severed.

When dogs are not properly trained or restrained, or if they are under stress, even dogs that know you can bite, injure, and possibly kill.

When a dog bites, the shock and trauma of being attacked can be as serious for the victim as the physical injury. When you are overwhelmed by medical procedures and numbed by shock, it can be hard to get things straight. You may need a lawyer to help you recover compensation for your losses, but you will also need a friend who can help you better understand your situation and lend the support you need.

Our attorneys can give your case the personal attention it deserves.

People often assume that Pit Bulls, Rottweilers, German Shepherds, and a few other breeds are the most dangerous dogs, but any dog can become dangerous depending on the situation.

  • Dogs that are not properly socialized…
  • Dogs that are frightened, injured, or ill…
  • Dogs that are overprotective, high-strung, or simply surprised…
  • Dogs whose aggressive behavior has been encouraged by the owner…

Any dog, of any breed, can bite or attack. According to California Civil Code Section 3342, in most dog bite cases the owner of the dog is liable for any damages, regardless of whether the dog has shown vicious behavior in the past.

Dog owners can be negligent or reckless in several ways, including:

  • Training the dog to attack, kill, or otherwise behave aggressively
  • Failing to socialize the dog or correct aggressive behavior
  • Failing to properly enclose or restrain the dog
  • Failing to react appropriately to circumstances that may lead to a dog bite.

For example: A dog owner allows a large dog to run loose in a San Diego park where many small children are playing. Small children are at eye level with a large dog, and may surprise a dog by trying to kiss or hug it. A responsible owner should keep the dog restrained and monitor its interaction with the children. Otherwise, a child may end up with serious facial injuries and permanent scarring.

Dog attack fatalities are extremely rare, but they do happen. Research compiled by the National Canine Research Council shows that an average of one or two fatal dog attacks occur every year in California. The same research strongly suggests that in most cases the owner of the dog has been reckless or negligent in training and/or securing the dog. In some cases dogs have been trained to kill. Since roughly 1970, at least ten California dog owners have been convicted of involuntary or voluntary manslaughter in the wake of a dog bite fatality.

In April 2009, a pack of dogs attacked two horses and killed two pet dogs in a series of attacks in North County. California Civil Code 3341 states that if a dog kills, worries, or wounds a livestock animal, the owner of the dog is liable for damages. If the dog is caught in the act, it is legal for the livestock owner to kill the dog.

Never tease a strange dog or act aggressively toward it. Dogs will bite when provoked, and when a dog has clearly been provoked into biting, the owner is not liable for damages. For more tips on how to avoid dog bites, see the County of San Diego’s pet care and behavior tips.

Dog bite victims aren’t just physically injured. An animal attack can cause lasting sensations of fear and panic, from general anxiety to a specific fear of dogs.

We can help you take control and start down the road to recovery. Our attorneys will fully explain every aspect of your dog bite case and will even help you find a medical doctor or a therapist if necessary. You will feel more confident and in control when you are fully educated about your case and able to make informed decisions.