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San Diego, CA Injury Accident Attorney Supports CAOC

November 12, 2018 Injury Lawyer San Diego 0

George Washington once said:

“Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all.”

Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California (“CAOC”) consolidates the voices of consumer attorneys throughout the state to (1) preserve and protect the constitutional right to trial by jury for all consumers, (2) champion the cause of those who deserve redress for injury to person or property, (3) encourage and promote changes to California law by legislative, initiative or court action, (4) oppose injustice in existing or contemplated legislation, (5) correct harsh, unjust and oppressive legislation or judicial decisions, (6) advance the common law and promote the public good through the civil justice system and concerted efforts to secure safe products, a safe workplace, a clean environment, and quality health care, (7) uphold the honor, integrity and dignity of the legal profession by encouraging mutual support and cooperation among members, (8) promote the highest standards of professional conduct, and (9) inspire excellence in advocacy. This post is a multi-blog effort to inform consumer attorneys about CAOC’s value and encourage participation in CAOC through membership.

CAOC works tirelessly to protect or advance those causes of import to consumers and their attorneys in California. Often those efforts, though valuable, receive little fanfare. For example, CAOC recently sponsored SB 510, which affects the re-sale of what are known as “structured settlements,” in which victims receive financial compensation over a period of time for medical expenses and basic living needs, as determined by a jury. Before SB 510 was signed by the Governor, Courts expressed frustration at their inability to prevent the sale of structured settlements on terms that might ultimately lead to long-term financial hardship for the victim. Now, SB 510 gives judges the information they need to make a reasoned decision about the propriety of a structured settlement sale.

Measures like CAOC-sponsored SB 510 help protect the most vulnerable members of our society and ask for nothing in return. They exemplify the spirit of CAOC. However, CAOC is only as effective in its mission as its membership allows it to be. When consumer attorneys join the ranks of CAOC, its voice gains in power and clarity. But if consumer advocates sit on the sidelines, hoping to benefit from the work of others, CAOC is stretched thin, and we are all at risk as a result.

Now, consumer advocate bloggers from across the state are combining their voices to call upon each and every lawyer and firm that regularly represents plaintiffs to join CAOC, thereby strengthening the consumer’s first line of defense. The blogs participating in this unified call to action are:

  • The Complex Litigator (H. Scott Leviant)
  • The UCL Practitioner (Kimberly Kralowec)
  • Bailey Class Action Daily (Matt Bailey)
  • California Employee Rights Blog (James J. Peters)
  • An Appeal to Reason (Donna Bader)
  • California Personal Injury and Insurance Blog (Jonathan G. Stein)
  • California Debt Blog (Jonathan G. Stein)
  • TrialLawyerTips.com (Mitch Jackson and Lisa Wilson)
  • California Injury Blog (John Bisnar)
  • San Diego Car Accident Lawyer Blog
  • San Diego Injury Accident Lawyer Blog
  • California Nursing Home Abuse Lawyer Blog (Walton Law Firm LLP)
  • San Diego Injury Law Blog (Walton Law Firm LLP)
  • California Personal Injury Law Blog (Norman Gregory Fernandez)
  • Biker Lawyer Blog (Norman Gregory Fernandez)
  • California Credit Law (Mark F. Anderson, Carol Brewer & Andy Ogilvie)
  • Lemon Law Blog (Mark F. Anderson, Carol Brewer & Andy Ogilvie)

Show your support of consumers’ rights by joining and supporting CAOC. Together we can make an impact that we cannot make alone.

Three Students Struck in Santee Car Accident

October 24, 2018 Injury Lawyer San Diego 0

Three girls were struck and injured by a vehicle in a serious pedestrian accident that occurred on October 17, 2011, around 8:30 a.m. near Santana High School in Santee. According to the investigating authorities, the girls were attempting to cross the street near the intersection of Magnolia Avenue and Carefree Drive when a car struck them. All the girls suffered minor bruises and scratches.

From the limited information, it is not clear as to what led to this accident. The investigation is in process. Meanwhile, the parents of the injured girls should immediately seek counsel from an experienced San Diego County pedestrian accident lawyer who would educate them about their legal rights and assure that the at-fault truck driver is brought to justice.

The victims’ parents can also file a personal injury claim against the driver to obtain compensation to cover treatment, medical and hospital costs, and other accident-related damages.

Our personal injury law office sincerely hopes that the injuries suffered by the young girls heal soon.

Hot Coffee the Movie Shows the Ill Effect of Tort Reform

June 26, 2018 Injury Lawyer San Diego 0

Remember the McDonald’s coffee case? A woman orders a cup of hot coffee. She puts the cup in between her legs as she drives. Then, the coffee spills, and she gets third-degree burns on very private areas on her body. Cha-ching!

Though, that is not exactly the whole story. Susan Saladoff, director of the documentary film Hot Coffee, which premieres on HBO tonight at 6 p.m. PST, shows viewers what really happened in the infamous “McDonald’s hot coffee” lawsuit. The movie looks at what actually happened to Stella Liebeck, why the case got so much media attention, who funded the effort, and who really profited from spilling hot coffee.

Hot Coffee is a “call to action.” It asks the question, What happens when access to court is so lopsided that the average person cannot gain access? And who really pays the price, the negligent party or taxpayers?

In the four cases the film documents, Saladoff shows how Americans are surrendering their Constitutional rights in all sorts of ways without even knowing it and how they are being screwed by the system –not taking advantage of it.

If you or someone you love has been injured or killed because of a defective product or negligent person, you are entitled to damages. The California personal injury attorneys will protect your Constitutional rights and get the money you deserve.

California Judges Corrected on Application of Controversial Collateral Source Exception

April 15, 2018 Injury Lawyer San Diego 0

California judges recently received better guidance for how and when to apply a controversial exception to the collateral source rule, a rule that permits California injury victims to recover the full amount of medical bills incurred following an accident even if paid by a source other than the person who caused the accident (a “collateral source”).

The clarification recently came through the editing of citations in the California Judicial Council Judges Benchbook, a reference source for judges hearing California personal injury cases. The edit makes it clear that defendants are not entitled to a post-trial reduction hearing. Rather defendants must meet a specific exception to the collateral source rule for the trial court to consider holding a post-trial reduction hearing.

Lawyers Rated As Worst Drivers

February 22, 2018 Injury Lawyer San Diego 0

According to a recent study conducted by Insurance.com, 44% of lawyers and judges — a higher percentage than any other profession — reported to insurance companies while comparison shopping for auto insurance that they had been involved in a prior driving accident. This is the highest accident rate amongst any profession included in this survey. The findings were published in a list entitled Top 10 Most Dangerous Drivers by Profession.

This is a higher rate of accidents than those reported by interstate truck drivers, financial professionals, waiters, or government workers. According to Insurance.com Vice President Sam Belden, the higher rate of auto accidents months lawyers and judges as well as financial professionals, who came in second, is because these professions demand multitasking, have higher stress, and require professionals to be focused on multiple tasks at the same time. According to Belden, this leads to more accidents.

However, government workers came in third. This profession is not typically known for high-pressure schedules and its workers are typically just as prone to multitasking as lawyers or judges.

The safest drivers, according to the study, were athletes and homemakers. Belden believes that homemakers are very safe drivers because they tend to take your time while driving and use greater caution because they’re typically driving with their children in their vehicles. In addition, homemakers and athletes also tend not to drive during rush hour when most car accidents occur.

California Emergency Room Doctors Sue State For Failing Health Care System

January 28, 2018 Injury Lawyer San Diego 0

California emergency room doctors have filed a class-action lawsuit against the State of California alleging that California’s healthcare system–stretched and burdened by its’ thin budget and high demand for services–is about to collapse on itself. The suit comes at a time when hospitals and emergency rooms are closing at alarming numbers, leading to limited emergency care for injured Californians.

The situation is only becoming worse with the State proposing $1.1 billion in cuts to MediCal, California’s low-income health payment system.

This is the second lawsuit brought by doctors against the State of California within a year. In the first lawsuit, led by the California Medical Association, doctors were able to obtain an injunction against the State’s proposal to cut MediCal reimbursement rates to healthcare providers by 10%. The State instead reduced current reimbursement rates by 1% to 5%.

Emergency room doctors have been particularly hard hit by the healthcare crisis since, unlike other doctors, they cannot choose to turn away low-income patients who rely on MediCal.