Personal Injury Lawyer Blog

Catastrophic Amtrak Crash

July 24, 2015 | by Moseley Collins

The Amtrak passenger train crash of September 2008 was devastating for crash victims and their families. Emergency vehicles that were the first on the scene described at as both despairing and devastating, and victims of that crash are still recovering and fighting lawsuits to this day.

Their next challenge will be up against damage caps. According to Congress, there will be a limit on the total amount of damages that can be paid to passengers. The limit is $200 million, which may seem like a lot, but victims of that horrific crash don’t agree. So far, that number has not come close to compensating the number of people who were injured in that wreck.

The crash itself was one of the worst in the state of California. On September 12, 2008, an Amtrak train was heading north of the downtown area of Los Angeles when the driver, who was texting at the time, ran a red light. By running the light, the passenger train ran directly into a Union Pacific freight train. The collision resulted in 25 death and another 100 injured passengers. To this day, this wreck was one of the worst in U.S. history.

Root Canal Gone Wrong

July 21, 2015 | by Moseley Collins

For many people, going to the dentist is something to be dreaded. Maybe it’s the worry over a dentist’s drilling or the general dislike of having someone poke around in your mouth, but most people wouldn’t mind putting off a dentist appointment as long as possible. However, dental care is essential to overall health, and you shouldn’t be skipping out on dentist appointments.

Like other doctors, dentists are also subjected to medical malpractice from time to time, and patients should expect the same standard of care from dentists as they would any other doctor or physician. Unfortunately, some dentists do slip up from time to time, as was the case with a root canal operation that went painfully wrong.

Back in March 2011, Supriya Sarin went to see her dentist, Darryl Simms, at the Farmington Family Dentistry for a root canal procedure. This procedure is used on teeth that are decaying or are infected, and with a good dentist, they can be saved. During the root canal procedure, a dentist will go into the tooth were the nerve and any pulp may be hiding. After cleaning this out, he or she will thoroughly clean the tooth and then reseal it to try and prevent the infection from happening again. Most people assume this procedure is very painful, but others report it as no more painful than the average tooth filling.

Medical Care Improves in California Prisons

July 18, 2015 | by Moseley Collins

After years of trying to fix the healthcare system with the Californian prisons, it seems that things may finally be looking up, at least for state prisons. According to reports from “PolitiCal,” a section of the Los Angeles Times, contract prisons, which are known for taking on the overflow of inmates, have not seen the same improvements in the healthcare system just yet. J. Clark Kelso, the federal receiver who was appointed by the courts, has filed his most recent report, and though they show some optimism, it’s clear that there’s a long way to go.

The problems of the prison healthcare system first came to light back in 2006. U.S. District Judge Thelton Henderson insisted that prison healthcare reform was greatly needed after it was officially determined that one inmate per week was dying because of medical malpractice. Henderson put together a comprehensive plan that would work towards ending these oversights, pointing out improvements that had occurred over nine years.

Kelso also concluded that improvements had been made. For example, the state had doubled the annual budget for prison health, and the population of prisons has decreased by about 40,000 inmates. His report also showed that the prisons had a solid medical staff on hand, and the processes that led to patients being diagnosed and treated were running smoothly. The prisons had also instated a process that would catch oversights in the prison healthcare system especially when inmates received poor care,

California ER Release Forms

July 15, 2015 | by Moseley Collins

When a patient checks into the ER, most of the time they are sick or in a lot of pain. Their minds might not be as sharp as usual, and they might have other things to worry about than signing release forms. These forms, however, may become the center of a lawsuit that could come to trial in the near future.

A California hospital’s liability is at the center of this release form lawsuit. In August 2008, Dean Whitlow awoke to hear his mother screaming uncontrollably. She claimed to be having the worst headache of her life. She was in such agony and Whitlow decided there was nothing to do but take her to the emergency room. On the way, she vomited in the car, and when they got to the waiting room at Rideout Memorial Hospital, she vomited again.

According to court documents, her pain ranked at a 6 out of 10, but would periodically spike to 10 out of 10. When the hospital staff asked her to sign a “Conditions Admissions” form, but her son insisted that she was so overwhelmed with the pain and nausea and she was crying uncontrollably. There was no way for her to be able to consent to these forms or even read them. Whitlow also stated that no one on the hospital staff ever read the statements to her in order to help her out.

Back Surgery Fraud

July 9, 2015 | by Moseley Collins

Since the widespread use of the internet, it’s become easier and easier for patients to research their own doctors and surgeons. This better prepares them for any major surgeries and encourages trust between doctors and patients. Because medical records and medical malpractice information is a matter of public record, patients now have the power to pick the best surgeons for their health needs/

But what happens when a doctor is moving around the country and uses different aliases? This was the case of Birmingham doctor Aria Sabit, who been accused of performing bad spinal surgeries and sending in fraudulent bills to several healthcare programs. Sabit’s work has crossed state borders many times and stretched from California to Michigan to Alabama. Now the case is in the hands of federal prosecutors, and they’re expecting a guilty verdict to come down.

The case surrounding Sabit stems from the lumbar spinal fusions he performed. During these procedures, he was known to not use the correct medical devices to perform the surgery safely on the spinal columns of his patients. After the surgery was complete, Sabit would allegedly bill the healthcare providers of his patients for many different services – most of which he did not actually perform. His patients believed he had performed the surgery correctly, but the truth eventually came out.

Statute of Limitations on Auto Accidents in California

July 6, 2015 | by Moseley Collins

When you’re in an auto accident, you might feel as if you’re being pulled in so many different directions. You’re worried about your own injuries and how they will affect your personal life and your ability to hold down a job. You might also be worried about any loved ones of yours who were also injured in the accident. Finally, your car has probably taken some serious damage, and it might be awhile before you have the money to either fix it or get a new one.

sacramento auto accident attorney What you do need to be keenly aware of, out of all these issues, is the matter of statutes of limitations. After you’re in your accident, you have a set amount of time during which you need to get your claim filed. These limitations can change how you and your insurance claims are handled. If you file a claim past the deadline, you will not be able to file a case or a claim with your insurance.

If you have a personal injury claim resulting from an accident, then you have two years to file a lawsuit with regards to auto insurance. If you have property damage to your vehicle or personal property, then you have three years for which to file a lawsuit.

State Rules and Car Insurance

July 3, 2015 | by Moseley Collins

When you get a quote for your auto insurance, you see one lump sum, but what exactly makes up that lump sum. You might be surprised to learn that the state laws of California actually have a lot to do with how much you pay for auto insurance. Certain laws can give you discounts for certain things while raising your rates for others.

If you’re planning on moving out of California or to California, then you need to be aware that your auto insurance might go up or down, depending on where you’re moving to and which laws apply to your situation. Here are a few laws and protections you should be aware of if you’re planning to move in the near future.

Personal Injury Protection

Serious Auto Accident in Sonoma County, CA

June 30, 2015 | by Moseley Collins

Almost every person who works a 9-5 job or similar craves the thrill of a Saturday night. Whether you’re going out with friends to a restaurant or night club or hanging out at home with your pet and spouse, Saturday night is usually one of enjoyment, rest, and relaxation. For most people at least.

On Saturday June 8, 2015, one group of motorists did not get to enjoy their Saturday nights as much as they would have liked to. A major car crash on Arnold Drive, located just southwest of Sonoma, California, resulted in two people going to the hospital and one going to jail at the Sonoma County Jail. The California Highway Patrol responded to the incident and reported on what happened.

Just before 8:30 p.m. on that Saturday night, Eladio R. Castro Naal, a 22-year-old resident of Petaluma, drove a 2000 Dodge Neon along Arnold Drive heading north. The vehicle was said to be weaving erratically back and forth, and witnesses suspected that the driver was drunk. As the Dodge came close to the intersection at Orange, close to where Brocco’s Old Barn is located, it continued to swerve.

Causes of Serious Auto Accidents

June 27, 2015 | by Moseley Collins

Have you ever driven past an accident on the side of a highway and thought, “What in the world happened?” Sometimes it’s not easy to actually tell what happened at the scene of an accident, especially when you only have a few seconds to assess the scene before you drive right by.

Now you may not have to wonder about these accidents any longer. The Auto Insurance Center, an information and news site dedicated to keeping up with the latest in car insurance news, began researching the answer to that very question. The center combed through records in the United States from the National Highway Traffic Safety Administration’s Fatal Accident Reporting System, which has been keeping records on every serious and fatal car crash in the United States from 2009 to 2013.

The data itself showcased the number of pedestrian, driver, and passenger deaths that resulted from those accidents. When the center finished compiling their information, that made a color-coded map to show which fatal accident was the most common in each state. The map included nine colors:

Motorcycle Safety Awareness in California

June 24, 2015 | by Moseley Collins

This past May, we celebrated Motorcycle Safety Awareness Month in California, but this is really a topic that is applicable all year round. In 2013, about 14 percent of all vehicle fatalities were motorcyclists, which made them 16 times more likely to die while out on the road. Although motorcyclists only account for about three percent of drivers, it’s important to respect motorcyclists and share the road with them.

Motorcycle riders Of course, motorcyclists also have an obligation to drive safely and wear protective gear. After all, there are quite a lot of them in California. According to the latest numbers, there are about 830,000 motorcyclists registered in California, the most of any state in the country. In 2013, number showed that there were 485 motorcyclists killed in accidents on Californian roads and 13,143 were injured. To keep motorcyclists safe while on the road, there needs to be a joint effort between vehicle drivers and motorcyclists that promotes safe driving for everyone.

It is important that drivers remember to always share the road with motorcyclists. These cyclists have the exact say rights to the road as any other car and truck. As motorcycles are smaller and less noticeable than cars at times, it is very easy for them to move into another car’s blind spot. If a driver doesn’t see the cyclist, there’s a good chance the driver will hit the cyclist if the driver tries to make a turn or change lanes.