Personal Injury Lawyer Blog

The Real Deal on California Insurance Adjusters

May 14, 2015 | by Moseley Collins

Insurance adjusters in California are merely employees of an insurance company. They are charged with the task of examining insurance claims for payment. They are considered the frontline in the war against the never-ending onslaught of accident claims. It is their job to pay out as little as acceptable. Many are capable, trustworthy citizens but there are some who will go the extra mile to save the company some money, even if it means bilking you out of your reasonable claim for reimbursement.

The most startling fact about insurance adjusters, the fact people must be continually reminded of, is their job is not to make it possible for accident victims to recoup their damages but to keep that from happening whenever possible. They are paid and often given bonuses to save the company from paying as many claims as possible. They meticulously search for any chance to deny each claim that crosses their desk. The reason this fact is so hard to remember is because they are so good at distracting victims from it. They strive to appear kind, caring, well-meaning and concerned for the victim. This is a falsehood.

Tools of the Trade

Verdict for Defense in St. John’s Health Center Medical Malpractice Trial

May 13, 2015 | by Moseley Collins

The highly publicized medical malpractice case of St. Johns Health Center has finally come to a conclusion. The case involves the elder abuse and general neglect of Ida Waksberg, an 89 year old female patient during a stay in 2009. A 12 man jury, sworn in on August 18, unanimously found no fault in the hospitals care. Many years of languishing in trial finally saw this case to West District Superior Court located in Santa Monica, where it proceeded to conclusion in a two week trial.

In the initial complaint, the patient’s son filed a case citing inadequate healthcare for his ailing mother when she was admitted in 2009 for hypertension and chest pains and seeking $1.5 million in damages. The plaintiff, the patient’s son, explained that his mother was admitted on a fairly routine visit complaining of pain and discomfort due to chest pains and hypertension. She was admitted for one day for observation. She suffered a fall the day before her discharge and was required to stay for additional medical attention. During the stay she developed a urinary tract infection. A short time later she developed a fatal staph infection. The staph infection developed into endocarditis, eventually travelling to her spine and developing into osteomyelitis.

The plaintiff declared the patients injuries to be a result of the attending nurses negligent care. The hospital claimed all care provided the patient was of the utmost in medical care. With help from nursing and infectious disease experts, the hospital was able to prove they were not negligent. Once deliberation commenced, the jury took only a few hours to reach a verdict.

Patients Injured by Chiropractic Adjustments

May 12, 2015 | by Moseley Collins

Neck and back problems can be hard to diagnose. Often, patients visit their doctors repeatedly for years and are never able to pinpoint the exact reason for neck and back pain. Chiropractic care has been used for centuries and generally thought to be safe. This isn’t to say it is without naysayers. There are many respectable detractors who claim this form of therapy is nothing more than voodoo. Others claim chiropractic maneuvers have been scientifically linked to blood clots, stroke and other neurovascular complications.

While the threat of injury is real, so is back pain and it is often unbearable. So much so, many patients take the health risks and seek the help of a chiropractor. Legal professionals agree all patients should be aware of the exact risks and their rights should injury occur at the hands of the chiropractor before making a decision to proceed with care.

Chiropractic manipulations that result in blood clots, stroke or other neurovascular complication or injury may have been caused by the chiropractor’s negligence. The techniques could have been provided incorrectly or without proper safety procedures to prevent injury. Chiropractic doctors are required to adhere to the same strict level of competence as other medical doctors. They are also required to carry medical malpractice insurance.

California’s Worst Celebrity Car Crashes

May 11, 2015 | by Moseley Collins

California is famous for many things but one thing may be more accurately termed as infamous; celebrity car accidents. There is a high concentration of celebrities in this state, so it stands to reason there would be more celebrity auto accidents here but the fact is still dismaying. Often times it is the excesses of success that lead to the accident. Plentiful, drugs, alcohol and little responsibility can be a dangerous combination. Other times it is road construction, negligent drivers or just dumb luck. Regardless of how it happens, our California roads have taken many famous lives.

Paul Walker

Paul Walker is the most recent celebrity to die on California roadways. He was a passenger traveling with friend, Roger Rodas, who was a Pro-Am racer and also Walkers financial advisor. They had left a charity event in Rodas’s Porsche. While no drugs or alcohol played a part in this terrible accident that left Paul Walker dead and burning in a car on a Hercules Street in Santa Clarita, California, careless, childish drag racing may have. Police have made no connection between the accident and drag racing, although the section of the road the accident occurred on is popular for drifting cars, they did, however, say that speed was definitely a factor. The area was a 45 mph zone. Reports show the car going in speeds excess of 100 mph.

Drunk Driving DUI Accidents

May 8, 2015 | by Moseley Collins

It isn’t new news that car accidents caused by DUI are usually cataclysmic and the effects can last an entire lifetime, and yet people repeated drive drunk year after year. Often it is intentionally, sometimes it is accidentally but it is always devastating. The physical and emotional struggle that follows is felt not only by the survivor but the family as well. Add to that the financial struggle and the medical and legal problems associated with a DUI and the misery is compounded with no end in sight. DUI drivers who cause death or injury face serious legal penalties and enormous civil liabilities. DUI drivers found negligent and culpable are required to pay for all damages they cause, medical, physical and financial.

Out of every five fatal car accidents in California, one is DUI related. Over 20,000 people are injured in California DUI accidents each year and more than 1000 are killed, according to the CHP or California Highway Patrol. Alcohol is not the only way to have a DUI accident. DUI or Driving Under the Influence can mean the influence of anything impairing, including prescription pills, marijuana and other drugs. Studies have shown that approximately 10% of the American public has driven under the influence of some kind of chemical within any given year. It is unclear exactly how many accident this causes per year but experts say it has a definite effect on the total yearly fatalities.

Consequences for driving under the influence vary according to how often it has happened as well as how affected the driver is. The latter is deducted by blood alcohol level. California has a very low blood/alcohol level. If a drivers BAC level (Blood/Alcohol level) is .o8% or higher, they are considered under the influence. Drivers who consistently drive drunk and cause accidents can expect harsher penalties. First time offenders can count on a night in jail, hefty fines and a loss of driving privileges. If a death occurs, the driver will go to prison regardless if it’s his or her first offense. A felony DUI is one that causes death or serious injury. Harsh penalties and catastrophic effects aside, DUIs still occur with alarming regularity across California.

What Should I do if A Police Officer Hits Me in Sacramento?

May 7, 2015 | by Moseley Collins

Everyone has accidents. Even police and firefighters. Lawsuits against police and firefighters are governed by different laws than civilian lawsuits. A person who has been in an accident with a government vehicle may be entitled to file a lawsuit but it will proceed slightly differently than a private lawsuit. These types of lawsuits must be approached with extreme caution to avoid violating any of the specific regulations pertaining to these cases.

These cases can be tricky because the laws and responsibilities that apply to negligent civilian parties do not pertain to government entities or employees. While the law provides us with the California Code of Civil Procedure, Section 335, which summaries the rules for filing a personal injury lawsuit, it does not fully cover the proper procedure for lawsuits against public entities.

In Sacramento, Statutes of limitation, restrictions, immunities and requirements for claim presentation allow government entities to be exempt from civilian lawsuits in most cases. The Tort Claims Act, or California Government Code Section 810 explains most of these restrictions. In order to file a lawsuit you must determine if the case is covered under the government immunity.

The Most Dangerous Roads in the State of California

May 5, 2015 | by Moseley Collins

California Highway 138

It is no surprise that California is home to some of the most dangerous roads in the country. Partly due to road construction, partly our area geography, our roads are infamous for devastating and taking lives. The areas of Orange County and neighbors such as San Bernardino, San Diego, and Los Angeles are the most dangerous. While knowing this fact is uncomfortable for drivers, being aware of the danger is a big step in avoiding it.

Highway 138

Highway 138 gained its notoriety when the television show Dateline investigated its deadly reputation for its story on America’s most deadly roadways. The section east of Palmdale and west of Interstate 15 was determined to be the worst area of road in the country. The problem is said to be the wide variety of dangers faced on the road as it typifies the issues California drivers face on the states profusion of two lane highways. In its early days, Highway 138 served as a rural, farm to market travel way. The traffic was slim to none, except on market days. Its original travelers were in considerably smaller cars, going at much slower speeds. Today, the vehicles are much greater in number, size and speed, overloading the original intent of the highway. To add insult to injury, modern day travelers have designated the highway the short and scenic route to Las Vegas, hence it is often inundated with drunk drivers.

Is There a Greater Chance of Dog Bites in Summer?

May 4, 2015 | by Moseley Collins

We have all heard the old saying about the dog days of summer. This colorful phrase refers to the hottest, most sultry days of summer. While the origins of this phrase have more to do with Roman constellation names than actual canines, the sentiment is the same, but does it really mean dogs are more irritable in the hotter months?

Studies have shown us that hot weather does indeed have an effect on the number of dog bites each summer but not directly. Summer and hot weather effect dog bite factors in secondary ways but they are just as detrimental. The majority of the misconception comes from variances in a dog’s behavior in warm temperatures which are mistaken as aggression.

Rabies

Catastrophic Auto Accident On Highway 50 Kills Four And Injures Others- April 22, 2015

April 22, 2015 | by Moseley Collins

This morning around 2:25 a.m. a women was driving her Toyota Prius the wrong-way on Highway 50 westbound near Stockton, CA for approximately 7 miles before colliding with a Ford pickup.

The woman driving the Toyota Prius collided head-on with the Ford pickup truck and caused the Ford pickup to slam into a Hyundai Sonata before bursting into flames.

Marijuana and DUI – What Does California Law Say?

April 14, 2015 | by Moseley Collins

Marijuana laws in the United States are changing rapidly. It seems every few months another state has another bill to introduce, either in favor or against in some way. It is a controversial subject with remnants of prohibition days thrown about. Someone traveling across the country be alternately criminal and noncriminal as they sped down the Interstate. Regardless of the laws for possession, all states have outlawed the use of marijuana while driving. Marijuana is widely used, not only throughout the United States, but the world. It is said to be the most widely used of all illicit drugs. No matter how common it is or how innocent the public believes it to be, use of marijuana causes delayed reactions due to physical and mental impairment that can impair driving.

Far more research has been done on driving under the influence of alcohol than marijuana. Research into marijuana highs tells us it has physical and mental effects that will impair the ability to drive. THC is the element in marijuana which causes the adverse effects. While some states do test impaired drivers for specific target levels of THC, California does not define specific levels to qualify as under the influence. Statistics have shown roughly 6 to 11 percent of fatal accident victims test positive for THC. Although significantly lower than alcohol fatal statistics, it is still a public safety issue that must be adequately addressed.

Penalties for driving under the influence of marijuana are the same as driving under the influence of alcohol as per California Vehicle Code 23152(e) VC. The fact that California does not detect specific measures of THC in it’s DUI marijuana arrests, it can make those cases hard to prove. The prosecution must be able to prove a person was driving a vehicle, was under the influence of marijuana and that said marijuana impaired the person’s driving ability in order to convict them of DUI.