Expert Advocacy

Will Schwarzenegger and GOP Hurt Californians With Tort Reform?

We’ve written about the misguided instrument known as tort reform that is intended to help protect society from runaway litigation costs, but really only helps irresponsible companies and people from having to pay for the full extent of the damage they cause for others.

California is no stranger to tort reform measures, such as MICRA, which has been a boon to insurance companies in reducing their risks while still permitting them to charge exorbitant rates to doctors to protect them from medical malpractice claims. Now, in an effort to solve the California budget shortfall, Governor Schwarzenegger and the Republicans in the legislature are trying to force tort reform measures into law.

The most destructive of these measures is the implementation of a damages cap on pain and suffering. Damage caps are arbitrary and, in my opinion, illegally remove authority from jurors to determine appropriate damages in a civil case. The arbitrariness of damage caps is made even worse when the cap is set at a ridiculously low level–$250,000 as proposed by the Governor.

The Governor’s attempt to balance the budget on the backs of the injured is misplaced and unfair.…

Bar and Concert Assaults: Negligent Security Attorneys in San Diego

Property owners sometimes have a duty to ensure their patrons and visitors are safe while on their premises if they know of expected criminal activity which could occur on their property. Legally, this means that property owners with a heightened risk of danger or criminal activity will have to take reasonable safety measures to protect their visitors.

Unfortunately, some property owners do not adhere to their duties and their customers or patrons are injured from a third party’s criminal acts such as assault and battery. If you or a loved one has been injured or killed due to negligent security at a bar, club, or sporting event,  call our office for more information and a free consultation.…

Why are San Diego Construction Sites So Dangerous for Workers?

No matter where one works, people are always at risk for some form of work-related injury due to the various hazards present in workplaces in San Diego and across the country. However, while many workplaces only feature a few dangers or hazards that do not usually have catastrophic consequences, construction sites feature some of the greatest hazards and the potential for many types of workplace injuries in San Diego and the U.S. as a whole to occur.

Construction sites feature heavy equipment, unstable structures, and dangerous tools that can easily cause injuries, even when workers are being cautious. Some of the dangers present in most construction sites include:

• Exposed wires;
• Falling objects;
• Unstable scaffolding;
• Moving cranes and swinging objects;
• Nail guns;
• Construction vehicles;
• Falling objects;
• Trenches and pits; and
• Unfinished and unstable buildings.

While not all of the dangers will result in accidents at every construction site, they present a high risk to all present, and even extensive safety precautions and responsible workers cannot prevent all accidents. These hazards also have a high likelihood of causing serious and even fatal accidents due to their extreme nature. Those injured, or the families of those that have died in construction accidents, have the right to seek workers’ compensation benefits.

Even though construction sites are known to be hazardous, it doesn’t make the injury claims of construction workers any less valid. If you have been injured while on the job, the San Diego construction accident lawyers have the experience and skills to help you find worker’s compensation. Contact our offices for further information on how we can help you.…

San Diego Slip and Fall Law Firm

Unfortunately, slip and fall accidents are very common, most often in supermarkets, stores, and restaurants. Employees that sweep and mop floors sometimes do a poor job, or they fail to warn their customers that the floor is slippery after mopping. Many employees also forget to display a “wet floor sign” which could warn their customers of a potential slip hazard Because of this, people can unexpectedly slip and fall and injure themselves.

The slip and fall attorneys have represented numerous clients injured by slip and fall accidents. For more information about how we can help you or your family member injured in a San Diego slip and fall accident, please contact us for a free consultation.

Slip and Fall Injuries are one of the Most Common Accidents and One of the Most Difficult Personal Injury Claims. Be Sure to Hire a Trained and Experienced Lawyer for Your Case.

Slip and fall accidents can happen anywhere, even in stores, restaurants, and shops.  Because these places require constant cleaning, employees have to constantly sweep and mop their floors.  Although this is a good practice for a business to have, sometimes these employees will do the job in a negligent and disorderly fashion.  Employees are supposed to warn their patrons or customers if the floor is slippery or wet.  Or at the very least, they should leave a “wet floor” sign on the wet area.

Common Injuries Stemming from Slip and Fall Accidents

When employees don’t follow proper safety protocols, their customers or patrons could slip and fall in their store.  Here are the common injuries stemming from slip and fall accidents:

• Concussion
• Broken back
• Hip fracture
• Back Pain
• Dislocated knee and elbows

Will the Store be Held Liable for my Slip and Fall Accident?

When property is open to the public for business purposes, the customers or patrons are considered to be “invitees.”  These businesses have the obligation to warn these invitees of known obvious and non-obvious dangers, and they will be held liable if someone gets injured while on their property.  A wet floor is considered to be a non-obvious danger because you don’t know a surface is too slippery until it is too late.

Thus, when you slip and fall in a store through no fault or negligence of your own, the store will generally be held liable for your injuries.  This means, that the store will have to pay for your lost wages, medical expenses, and other damages you may have from the accident.

How Can a Slip and Fall Accident Attorney Help?

Unlike most other personal injury cases, the only way to obtain compensation for your injuries is by filing a lawsuit.   Once the lawsuit is filed, slip and fall attorneys know how to negotiate with the business, their insurance companies, and their attorneys.

Fortunately, our lawyers specialize in slip and fall accidents.  We have represented numerous slip and fall clients who have been satisfied with how our law office represented them and the compensation they received.  If you or someone you know has ever been involved in a slip and fall accident, please contact us for a free consultation.…

The Arbitrary and Unfair Impact of Tort Reform

Earlier today, my friend and New York medical malpractice attorney, Gerry Oginski posted on Facebook to a New York medical malpractice verdict against a podiatrist. The verdict was noteworthy in that the jury awarded $3,000,000 for the victim’s pain and suffering ($1.5 million for past pain and suffering and $1.5 million for future pain and suffering).

This sparked a discussion amongst several lawyers from throughout the country about how inequitable tort reform laws are to the victim solely because of where they choose to live or receive medical treatment.

In New York, there is no tort reform cap on pain and suffering damages. Therefore, the $3,000,000 verdict, so long as it is supported by evidence, will not be reduced. However, here in California, we have MICRA–California’s tort reform measure which places certain limits and requirements on medical malpractice lawyers and their injured clients. Specifically, the California legislature has placed a cap on pain and suffering at $250,000. It does not matter how badly injured you are, whether you need constant medication to live with moderate pain for the rest of your life, had 2 wrong limbs amputated, etc. California has decided that under NO circumstances is anyone’s pain and suffering worth more than $250,000 when injured by a doctor.

So, let’s assume that we have 2 people who have suffered the same injury and have the same prognosis. The only difference is that one was injured by a New York doctor and the other by a California doctor. The former victim will get compensated $3,000,000 for his pain and suffering while the other will only recover $250,000.

That is just not fair or right.

The tort reform mess gets even worse in other states, such as in Indiana. In the Hoosier State, total damages are capped at $1.25 million for all damages. This is true even if current and future medical treatment exceed $10 million and lost wages are $3 million or more.

This inequality in results, based solely on geographic location where the injury occurred, cannot stand. Tort reform has created this and many other unfair results for injured people, all in the name of saving society from runaway litigation costs–which have been proven time and time again not to exist.

One of these days, the public will hopefully wake up and rescind these unfair tort reform laws. Until then, these unequal results will continue.…

Burn Injury Law Firm in San Diego

Burn injuries are not to be taken lightly. Burn injuries differ in severity and required medical treatment so it will be best to educate yourself on the different types of burns you can get. We frequently represent people that have suffered from burn injuries in San Diego accidents.

For more information, call our San Diego personal injury law office for a free consultation.…

Escondido Dog Bite Attack Leaves Man Seriously Injured

A 56-year old man was badly bitten in a San Diego County dog bite attack on February 16, 2010, by a pair of aggressive dogs, one of which has a history of biting. This dog bite accident took place in a West Escondido gated community.

The victim, Tom Atkinson, said he was finishing a jog on Rock View Glen in the Emerald Heights development when he noticed two loose pit-bull mix dogs growling at a neighbor and his leashed dog. He joined the neighbor and fought off the dogs. However, as Atkinson continued up the street, the dogs turned around and charged. He was bitten several times by the pair of animals, leaving him with one bad bite to the forearm that required stitches to close the wound and another deep bite to the thigh.

One of the dogs was impounded by a San Diego County Animal Control Officer but was later released to the owner, who promised to keep it on a 10-day quarantine. The other dog also was allowed to stay with the owner but was not quarantined. There may be an administrative hearing to determine whether the dogs are potentially dangerous under the law.

Our office wishes for a speedy recovery for Tom Atkinson. We are indeed glad more serious harm was not done! Some of you may know from prior posts that I am not a fan of breed specific dog laws, particularly those that target Rottweilers or Pit Bulls. While these breeds are most commonly involved in dog bite attacks, it is my own belief that these attacks are the fault of poor owners who are attracted to owning these breeds due to their menacing appearance and strong physiques. Certainly, if you own either of these breeds, you must be a strong and dominant owner—more so than if you own another, less physically imposing breed. Dogs are pack animals and will submit to a pack leader that it respects. Respect, for dogs, comes from an owner who has strong mental discipline and will discipline their pet when it gets out of line.

In this case, how could the owners of these dogs allow them to run free in this neighborhood? This is particularly true of the owner of the dog with the prior bite history. This is completely inexcusable. It is bad enough that Mr. Atkinson was attacked and severely wounded. However, what would have happened—as we normally see in these cases—if these dogs would have attacked a child? Typically, the result is massive traumatic injury and perhaps even death for the child who cannot defend itself against such strong animals. Dog owners must always be responsible, but even more so when they own potentially lethal breeds.…

The Oklahoma Expert Certification Tort Reform Bill: A Good Idea or Does It Not Go Far Enough?

The Oklahoma legislature is currently considering a tort reform bill that would require people wishing to file a civil lawsuit for professional negligence (medical malpractice, accounting malpractice, legal malpractice, etc.) to obtain and attach an affidavit that the person has consulted with a qualified expert who has reviewed the facts of the case. The bill addresses all professional negligence but there can be no doubt that its’ main goal is to reduce the number of medical malpractice lawsuits by prohibiting lawsuits without expert support.

The affidavit must include a statement that the expert has provided a written opinion to support the allegation of professional negligence. If the affidavit is not filed, the lawsuit may be dismissed.

The bill, House Bill 1570, is similar to a bill vetoed by Oklahoma’s governor last year. Six states, including Georgia, Minnesota, Missouri, Nevada, New York, and Pennsylvania, already require expert certification before filing a professional negligence lawsuit. The cost of having an expert review medical records and provide a written opinion can cost anywhere from $1,000 to $5,000 in most cases. The news story cites an example where an expert charged a medical malpractice victim $12,000 for his pre-litigation expert opinion.

The NewsOK.com news story prompted me to post a provocative tweet on Twitter, which then received several comments from Walter Olson of the legal reform website Overlawyered.com and Chris Davis of the Seattle personal injury law firm, the Davis Law Group.

My original opinion was that the Oklahoma expert certification bill is actually a good tort reform idea because it only requires an injured person to obtain a supporting expert opinion prior to filing suit–something any good and responsible medical malpractice attorney do. To prevail in a claim of medical malpractice, the person alleging the injury must prove that the doctor breached the professional standard of care for their field and that this breach actually caused the injury. To do this, an expert witness in the same field as the defendant doctor must be hired to review the medical records of the injured patient. While the bill places a burden on the injured patient’s right to access to the courts, it merely requires what careful and prudent medical malpractice lawyers already do.

On the other hand, is the Oklahoma legislature ignoring a second equally obvious method of expert certification which would further reduce the waste caused by “frivolous” lawsuits.

In response to my original Twitter post, Chris Davis suggests that the Oklahoma legislature also require defendant doctors obtain expert certification that they did not breach the professional standard of care. In other words, what is good for the goose is good for the gander. Mr. Davis points out, rightly so, that a great deal of time, money, and resources are wasted in litigation fighting “frivolous defenses” created by the defendant to muddy the waters at trial. Remember, the injured patient bears the burden of proof at trial. It is a tried and true defense tactic to “throw mud” at trial–to raise irrelevant but upsetting facts–in the hopes the jury will be so confused that they will find for the defendant doctor. Much of the discovery process is spent trying to eliminate as many of these frivolous defenses as possible.

By eliminating the frivolous defense of claiming that the defendant doctor did not commit malpractice–perhaps along with an attorneys’ fees and cost penalty against the doctor if a jury found that the doctor had indeed committed malpractice–the scope of disputed issues would be greatly eliminated, saving litigation costs and judicial resources.

Perhaps the Oklahoma legislature should be encouraged to go one step further in its’ tort reform efforts.…

Lawyers Rated As Worst Drivers

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.…

San Diego Brain Injury Attorneys

The brain is a very important organ in our body. It is also very fragile and subject to injury when we strike our head in an accident or we suffer a skull fracture, so people need to do everything in their power to ensure that no damage comes to their brain. The personal injury attorneys take on brain injury claims every year. We have been representing brain injury clients for several years and we can help you and your friends and family if they ever suffer a brain injury following an injury accident.

For more information about how our office can help you with your brain injury case, please contact us for a free consultation.…