Attorney Tag Archives

Personal Injury Lawyer Fraud

July 27, 2015 | by Moseley Collins

When clients come to a personal injury lawyer, they expect to be treated fairly and trust in their attorney to handle the case with care and dignity. For most people, it’s usually safe to assume that when someone tells you that he or she is an attorney, you can trust them. That, however, is exactly what led to trouble in California.

accident-lawyer-in-sacramento Oliver Ortega, a Guatemalan immigrant, learned this lesson the hard way five years ago. Ortega sought out a personal injury lawyer to aid him in his legal battle with a former employer who he was planning to sue for a wage claim. That’s when Ortega met Jesus Lozano, and his troubles really began.

On the surface, Lozano seemed to be a qualified, respected personal injury attorney. On his business card, he stated that he offered a wide range of different legal services. According to Ortega, Lozano had two complete sets of the California Penal Code on his bookshelves. So to get his case stated, Ortega paid Lozano $400 and was promised that he would begin working.

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.

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.

California DUI School

June 3, 2015 | by Moseley Collins

All drivers convicted of a DUI in California must enroll in DUI school. Enrollment must be complete within 21 days of the sentencing. The provider of DUI program instruction must be licensed by the state and provide services in person only. There are several classes available online but California does not recognize them. However, there are over 250 in person providers in the state and most are readily available. All require an order from the court or a license suspension from the DMV.

California-DUI-School DUI charges can often be reduced to a wet reckless charge. A wet reckless charge is a reckless driving offense with a calculable amount of alcohol in the blood of the driver. It must be a very small amount and the reckless behavior cannot be of any serious type. If you’re DUI has been reduced to a wet reckless charge you must enroll in a DUI school, wet reckless program for a total of 12 hours.

The next most serious charge that requires DUI school is the first time offender program. A first time DUI offender with a blood alcohol level of under .20 percent will be required to enroll in at least 30 hours of an appropriate DUI program involving both drugs and alcohol issues. Thirty hours is approximately a 3 month course. If the judge decides the sentence should be stricter than average, the program can be extended to 6 or even 9 months. If a first time DUI offender has a blood alcohol percentage of above .20 percent, a 9 month or 60 hour course must be completed to satisfy the court.

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

The Basics of Personal Injury Torts

August 11, 2014 | by Moseley Collins

The people who most often seek out their legal options by contacting an attorney are those who have been injured in a car accident, or by someone else’s negligence. In most of those cases it is the first time A may have seen online or through their own research.

One of the most confusing law terms for the newly legal immersed is tort. It is a commonly used legal term but most people do not know its true connotations. Essentially, a personal injury tort is a civil claim against another person for injuries caused unknowingly. There are several key points to keep in mind.

Injury or Harm

Pecuniary Recovery May Still be Possible in Single Car Calamities

August 5, 2014 | by Moseley Collins

When people imagine horrible car accidents it is most often involving another car. Nightmarish flashes of drunk drivers and irresponsible big rig operators occur when talk of tragic car accidents comes up. Surprisingly, studies have shown that most fatalities occur in single car crashes. AAA Mid-Atlantic produced studies of 8,000 fatal crashes over a period of five years. More than half died in single car crashes.

Survivors of single car accidents, including families of fatal victims, are faced with monetary issues that are often insurmountable. Grief, sadness and mental anguish added to financial difficulties clouds the thought process considerably. Many victims in these cases wrongly assume they cannot seek monetary recompense for damages accrued in the accident. There are some instances when a victim can seek financial compensation even though there were no other drivers involved.

When a third party is responsible for a single car crash they can be held responsible for damages accrued. Negligent drivers taking part in unsafe driving practices do not fit into this category. Unsafe driving practices include drunk driving or driving impaired, speeding, tailgating and distracted driving among others.

Car Accidents Can Cause Hard to Prove Chronic Pain

July 29, 2014 | by Moseley Collins

Slip and fall and construction accidents can cause life altering pain. However, automobile accidents result in more instances of chronic physical pain. Car accident collisions inflict great trauma and blunt force upon the human body resulting in violent jolts. The body bounces brutally inside the vehicle and is slammed into the hard interior façade.

Chronic pain resulting from a car accident can egregiously affect a person’s quality of life. The most basic things most people take for granted can be affected by chronic pain. Victims of chronic pain also frequently experience problems with mental health, depression, anxiety and a wide range of emotional disorder. The chronic pain teamed with the other issues it brings with it change a person’s life immeasurably.

California car accidents often incur whiplash during an accident. When the head is suddenly thrown forward and back violently injury to the muscles, nerves, ligaments and vertebrae occur, known as whiplash, a common cause of chronic pain.