San Diego Disability Injury Lawyer
Recently, an Ontario, Canadian court held that parties to a civil lawsuit must disclose social media posts and information during discovery–even if the user believed the post was made privately to his “network”.
We look at the ruling and whether California judges will require the same disclosure from San Diego injury victims.…
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.
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.…
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.…
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:
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.…
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:
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.…
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.…
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.…
Earlier today, San Diego Superior Court Judge Patricia Cowett ordered Starbucks to pay $100 Million to its’ California baristas in back tips and baristas that had been wrongly directed to shift supervisors. In addition, Starbucks’ shift supervisors were enjoined from sharing in future tips.
Judge Cowett found that the sharing of tips with shift supervisors violated state law. Starbucks called the ruling “unfair” and “beyond all common sense and reason.”
The lawsuit started after a La Jolla barista complained about shift supervisors sharing the employee tips left in the front counter tip jar. After filing suit, a class of nearly 100,000 past and present Starbucks baristas was certified.…
The Daily Point of Orange County reported last Thursday, March 12 that the California State Senate is reviewing a new bill that would allow California and San Diego authorities to treat boating under the influence in our San Diego waters just like they would treat driving under the influence on our San Diego roads. If passed, the bill would allow San Diego and California authorities to suspend boaters’ licenses if caught boating under the influence. You can learn more in this Daily Pilot story.
The California BUI bill was introduced by California State Senator John Benoit that represents Senate District 37, just north of San Diego County. Senator Benoit’s bill will give the DMV the power to treat a BUI just as they would treat a DUI. Previously, the DMV had the power to do just that but last year, a court of appeals verdict deemed that they did not have the power to do so.
San Diego harbor officials and officials in other California counties would like to see the bill passed. They believe that even though boating is a recreational activity, there are still many responsibilities that a boater has. According to the California Department of Boating and Waterways there were 55 boating accident fatalities in 2007, half of which happened in Southern California. Also, about 20 of the 55 victims were intoxicated.
If you or a fellow boater are ever injured or killed in a San Diego boating accident, please call the San Diego boat accident attorneys.…
Drunk driving crashes, unfortunately, happen every day across the country, with many such auto accidents in San Diego happening, as well. However, holidays often see an increase in drunk driving due to festivities and increased access to alcohol.
Of all of these holidays, St. Patrick’s Day is typically seen as the one with the greatest connection to drinking and, in relation, drunk driving. In order to prevent a rash of drunk driving car crashes from breaking out on the holiday this March 17, the National Highway Traffic Safety Administration (NHTSA) is highlighting the dangers everyone needs to know this St. Patrick’s Day.
According to the NHTSA, 103 people died on St. Patrick’s Day in 2009 due to auto accidents, with 37% involving at least one driver who had a blood alcohol content of at least .08%, the legal limit in all states. Because of the high rate of drunk driving, the NHTSA reminds all partygoers to secure a safe ride home that does not involve them driving after indulging in alcohol. All St. Patrick’s Day celebrators should use public transportation or a designated driver to arrive safely home, and should also report all possible drunk drivers to police immediately.
However, St. Patrick’s Day isn’t the only time when drunk driving happens. The NHTSA reports that over 10,000 people died in the United States in 2010 due to some form of impaired driving and that, on average, someone dies every 51 minutes in a drunk driving crash.
The San Diego drunk driving victim lawyers understand that reckless and dangerous drunk drivers can injure even the most responsible and careful driver in a crash. For more information on how we can aid you in finding compensation for your injuries in a drunk driving crash, contact us today.…
