Expert Advocacy

Motorcycle Accident on Interstate 15 Leaves San Diego Biker Injured

A motorcycle accident on Interstate 15 just south of the Scripps Poway Parkway in San Diego left the motorcyclist injured and slowed traffic for several hours, according to a recent news report from CBS 8.

The accident occurred when the motorcycle’s front wheel failed, causing it to swerve and strike the median. The motorcyclist was thrown from the bike during the crash. Rescue workers took him to a local hospital, which has not released a report on his injuries. Investigators are still trying to determine what caused the accident.…

Fatal Hit-And-Run Freeway Crash Kills Tow-Truck Operator

40-year-old Christopher Barton Tatro was killed in a tragic hit-and-run car collision that occurred on December 17, 2011, around 2 a.m. on 91 Freeway in Riverside. According to California Highway Patrol, Tatro was loading a disabled vehicle onto his flatbed truck on the side of the eastbound lanes of the freeway near Monroe Street when he was hit by a tan sedan, possibly a beige late-1990s Saturn.

The car veered from the number five lane into the left side of the tow truck and then struck Tatro. The collision threw Tatro about 60 feet into traffic lanes. He suffered massive injuries to his legs and torso.

Tatro was immediately transported to Riverside Community Hospital where he was later pronounced dead around 4:20 a.m.

From the available information, it appears that negligent and distracted driving of the sedan driver contributed to this serious multiple vehicle collision. If it is found that the sedan driver was driving inattentively, then he may be held liable for this accident. Also, this sedan driver has committed the felony of hit-and-run, which is a direct violation of California traffic law.

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 victim’s family may file a wrongful death claim against the sedan driver to obtain compensation to cover funeral and burial costs, loss of anticipated earnings, loss of love, care and companionship, and other accident-related damages.
Our personal injury law office sends sincere condolences to the victim’s family and friends.…

San Diego Personal Injury Attorney Talks About Types of Collectible Damages

If you have ever been injured in an accident, you know that you incur numerous costs and your bills can quickly run out of control. As a result, you may wonder what types of damages you may be entitled to as a result of the other person’s negligence and carelessness.

San Diego disability attorney answers this question for you and describes the types of damages available for accident victims in this important article.

What damages are you entitled to be compensated if you are injured in a California accident case? Find out here…

If you are involved in an accident and you are injured, you may be able to receive compensatory or punitive damages in your personal injury case.

Compensatory damages are intended to reimburse and compensate the injured victim for costs that have been incurred as a result of the accident or for losses which do not create a cost but are compensable nonetheless. Compensatory damages can be divided into two different kinds of damages: economic and non-economic. Economic compensatory damages are basically compensation for anything that has a measurable cost via a bill or invoice such as medical bills for past and future medical care, past and future loss of earnings and earning capacity, and damages to personal property. Non-economic damages are any compensable damage which does not have a bill or invoice such as physical pain and suffering, mental and emotional anguish, and loss of companionship and support. The goal of compensatory damages is to make the injury accident victim “whole” and to compensate for all losses.

Punitive damages are meant to deter future similar conduct by the defendant and to punish for egregious behavior. Typically these damages only are awarded in a small number of cases and only after there is a breach of contract or after a law is broken. Punitive damages are not awarded often and the State of California taxes punitive damages at a rate of 75%.

The majority of judgments and settlements only include money for compensatory damages.…

Fatal Car Accident Kills Sun City Woman

41-year-old Crystal Stevens, of Sun City, was struck in a tragic pedestrian accident that occurred on December 15, 2011, around 11:30 p.m. on McCall Road near Sherman Road in Menifee. According to the Riverside County Sheriff-Coroner’s department, Stevens was walking on McCall Road when she was struck by a car.

Stevens suffered life-threatening injuries and was immediately transported to Inland Valley Regional Medical Center for treatment, where she was pronounced dead a day later.

From the present information, it appears that the reckless driving and irresponsible actions of the motorist led to this serious car wreck that claimed one life. If the motorist is determined to have been at fault in this case, then he could be held responsible for pedestrian’s wrongful death.

Meanwhile, the victim’s family members should consult with an experienced Riverside County pedestrian accident lawyer who would help them obtain timely compensation to cover funeral and burial costs, loss of future earnings, loss of love, care and companionship, and other accident-related damages.

Our personal injury law office sends sincere condolences to Stevens’ family members and friends.…

Understanding the Symptoms of a Traumatic Brain Injury in San Diego

Our bodies are built to withstand trauma and impact in a variety of accidents; however, there are many times when the human body cannot cope with the injuries suffered in an accident. One of the most serious and long-lasting forms is a traumatic brain injury (TBI).

A head injury accident can occur in a variety of manners ranging from sports accidents to car crashes. While some are readily noticeable, many TBIs can go undetected without an understanding of the signs. To protect yourself and loved ones from TBIs and the dangerous effects of leaving one untreated, be on the lookout for these symptoms as listed by the Mayo Clinic:

Mild TBI

• Temporary loss of consciousness or a state of confusion and disorientation;
• Headache;
• Dizziness, nausea, and/or vomiting;
• Mood swings, depression, or anxiety; and
• Changes in sleep patterns, including difficulty sleeping or excess sleeping.

Moderate to Severe TBI

• Prolonged loss of consciousness or profound confusion;
• Loss of coordination, bladder control, and/or bowel control;
• Dilation of one or both pupils;
• Clear fluid draining from nose or ears;
• Convulsions or seizures;
• Unusual behavior, such as combativeness or agitation;
• Persistent or worsening headache; and slurred speech.

Child TBI

• Change in nursing, eating, and/or sleeping habits;
• Unusually irritable or depressed;
• Persistent crying and unable to be consoled;
• Altered attention span; and
• Loss of interest in favorite activities and/or toys.

Any and all of these symptoms may mean you or someone you know has suffered a TBI and requires immediate medical attention. Any form of traumatic brain injury can result in devastating consequences that can alter a person’s life forever. If you have suffered a TBI from the negligence or oversight of another, a San Diego ssi lawyer can help you win compensation to deal with your injuries from the responsible party. Contact us today for a consultation.…

San Diego Accident Attorney Talks About the Role of the Independent Medical Examiner

Who is the independent medical examiner? What is an independent medical examination (IME)?

The answer is that he is the primary witness against most personal injury victims and the IME is a time for the witness to meet, interrogate, and examine the victim in person–giving him more credibility at trial. San Diego injury lawyer answers this question for you and tells of the role of the independent medical examiner in litigation in this important article.

What is the “Independent Medical Examiner” and what is his role in your California injury accident case? He is the MAIN witness against you!

In most personal injury cases, the primary witness and weapon against the injury accident victim is the independent medical examiner. The word “independent” is misleading. It simply means this person, who is a doctor, is independent of the treating doctors for the victim. However, this person is employed and paid for by the insurance company of the wrongdoer whose negligence and carelessness caused the accident in the first place.

The independent medical examiner often examines the injured person at an independent medical examination (IME). The IME seems like a normal, everyday doctor’s examination but it is really a cross between a deposition and a physical and mental interrogation in which the independent medical examiner documents the record and tries to obtain as many “facts” as possible so that they can conclude that the injury accident victim is either not injured or not as injured as they claim.

Insurance companies hire independent medical examiners over and over again because they know what this witness will say about certain cases and they know that these witnesses will play ball and support the insurance company’s position at trial. It is not because the witness is any better of a doctor than the treating doctor. It is simply that the insurance company is hiring a doctor who will provide a predictable opinion.

Never attend an IME without an attorney or a medical witness such as a registered nurse (RN) who can observe and testify against the independent medical examiner at trial if the examiner attempts to perform an improper medical examination.…

San Diego Injury Accident Lawyer Tells of Questionable Insurance Tactics that Harm People

An honest and efficient insurance industry is essential for people to manage risks and make sure that valid injury claims from serious accidents are paid quickly. Without a quick and legitimate way of receiving compensation, people do not receive the compensation they deserve when they need it.

Unfortunately, the insurance industry regularly uses questionable tactics to keep from paying legitimate claims. San Diego injury accident lawyer tells of the tactics used by the insurance industry in this news report.

Insurance Companies Try to Increase Profits Through Questionable Tactics

Posted on Dec 20, 2009

A new free report from the American Association for Justice (AAJ), “Tricks of the Trade:  How Insurance Companies Deny, Delay, Confuse and Refuse”, tells how the insurance industry is increasingly using questionable tactics to increase their bottom lines at the expense of injured people and claimants.  This only harms the public who relies on an honest and efficient insurance system to compensate them for serious accidents.

The Report identifies the following common insurance company tricks:

1. Denying Claims:  This is the most common tactic and is regularly employed by all insurance companies, including Allstate, State Farm, and USAA.  By denying valid claims, the insurance companies boost their profits because those are monies that will not be paid out.  Insurance companies have even been known to incentivize their employees to deny valid claims.
2. Delaying until Death:  Insurance companies regularly delay claims in the hope that the claimant will die before the claim is paid or hoping that the injured person will give up or settle for less.  Many people do just that rather than stay the course.
3. Confusing People:  You are not alone if you have ever been confused after reading your insurance contract.  They even confuse lawyers.  Insurance companies regularly use confusing agreements and language to discourage consumers.
4. Discriminating by Credit Score:  Insurance companies determine premiums and insurance approvals based upon credit scores.  Lower scores pay higher premiums.
5. Abandoning the Sick:  Insurance policy holders who are the most need of medical care are often targeted by the insurance companies and have their benefits cancelled to lower the amount of money paid out for health care.
6. Cancelling for a Call:  Some people will call their insurance company to get a feel how filing a claim will affect their insurance coverage.  If the effect is too negative, they won’t file a claim.  However, just by making the call, the insured has essentially made a claim as far as the insurance company is concerned.  At renewal, the insurance company can use these phone inquiries to deny claims.

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

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?

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

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.…