Long Beach Personal Injury Lawyer - All Topics - Most Commented

Auto Accident Question And Answer

IB Contributor — Sat, 07 Jul 2007 14:55:52 GMT

The following is an email I received regarding an automobile accident claim and my reply:

Question submitted:

While waiting at the red light, a young woman in a Toyota 4 runner hit my car in the rear. (Ford Mustang). Farmers Insurance authorized repairs on the same day. The total cost of repairs was $967.93, which included replacement of the rear absorber and bumper cover. At the time of the accident, I felt fine. Within 48hrs, I felt back pain, I tried to self treat. The pain became unbearable, a Kaiser physician documented my upper back tenderness and back pain upon flexion. I was prescribed pain medication and a muscle relaxer. I also received chiropractic treatment. Total bill $1,800. Today, I received a denial letter from Farmers Insurance which states, due to the low impact of the accident, they will not honor my medical claim. Do I have grounds to file a lawsuit? I really suffered after the accident. Please help.

My response:

What you have experienced is par for the course. This is how Farmers handles what they consider to be "low impact" auto accident personal injury claims.

You do have grounds to file a lawsuit. However, that is not really the question. What you really want to know is, "How do I economically recover what I am entitled to for my medical expenses, out of pocket expenses, other recoverable losses as well as "pain & suffering?"

First, what it takes to fight Farmers, through a trial, to rightfully recover what you are entitled to, will cost much more than you could reasonably recover. Farmers will have their team of "expert witness" testify that you could not possibly be injured from this accident. To counter their experts with experts of your own and pay the other necessary litigation costs to complete a trial, you'd be into the case for at least $10,000 to $15,000. I would expect 75% of the jury verdicts for your case, assuming the jury believes your position rather than Farmers, to be in the $4,000 to $8,000 range. You could easily win the case and lose thousands of dollars. Farmers knows this. That's how they get away with denying a claim like yours.

In days past, if Farmers pulled this tactic on you, you could go to trial, win your $4,000 to $8,000 and then sue Farmers for "insurance bad faith" (failure to fairly adjust a legitimate claim). You could seek punitive damages for their despicable conduct. However, our State Supreme Court, reversing previous rulings, struck down a person's ability to punish insurance companies for such tactics. The insurance lobby, probably the strongest lobby in California, continually keeps our law makers from passing any laws that would give people like you an opportunity to hold insurance companies accountable for their "wrongful denial of claims" tactics.

So, what can you reasonably do? Wait. Wait at least a year to see how your injuries heal. Only then will you know the full extent of your injuries. If your injuries and losses are large enough to make economic since to hire an attorney and go to trial, that's what you do. Keep in mind that many back injuries do not fully manifest themselves for many months to years. You have two years from the time of your accident to file a lawsuit.

If you are lucky and your back heals up fine and you have no further problems, first consider yourself fortunate and second, sue the other driver in small claims court. Small claims court is easy and inexpensive. The insurance company can not come in and defend their insured, the negligent driver. No attorneys are allowed in small claims court. I have never heard of an insurance company having their insured bring expert witnesses into trial. Besides, the negligent driver is not likely to know how to present the expert witness testimony. There are a number of websites devoted to teaching you the simple procedures of small claims court. I would expect a small claims judge to award you between $3,600 and the small claims maximum of $7,500.

If you have further questions, contact an attorney from InjuryBoard.com.
Good luck!

John Bisnar
Bisnar Chase LLP

For more information on this subject, please refer to our section on Car and Mototrcycle Accidents.

Originally posted at InjuryBoard by IB Contributor

Pools at Foreclosed Homes Increase Risk of West Nile

Shannon Weidemann — Wed, 08 Aug 2007 12:13:46 GMT

The state of California is asking banks and lenders to drain the pools at foreclosed homes. Standing water attracts mosquitos and that can contribute to the spread of West Nile virus.

Hundreds of vacant homes with standing water have been reported to authorities in Sacramento and Yolo counties as potential mosquito breeding grounds.
The volume of abandoned homes has grown with the drop in real estate prices and the credit pinch on Wall Street, just as West Nile virus is spreading among mosquitoes. Five people have died from the virus this summer, and the state has had 80 cases.

West Nile Virus has hit the counties of Kern, San Joaquin, and Colusa very hard. Two deaths have been attributed to the virus in Kern county.

Originally posted at InjuryBoard by Shannon Weidemann

No Criminal Charges in Fatal Truck Accident

IB Contributor — Wed, 04 Jul 2007 06:31:09 GMT

Truck accident takes eight lives.

We underestimate the power of distraction. The gadgets that we feel compelled to carry around with us - the mobile phones, iPhones, BlackBerries and Palm Pilots -- can cost lives if we are not conscience of when we use them.

Take for instance this truck driver who tried to recharge his cell phone as he was driving on an Indiana toll road. He rammed right into stopped traffic, killing eight people, according to an news report posted on MSNBC's. But Elkhart County prosecutors have decided not to slap criminal charges on 32-year-old Leonardo Cooksey, although they have no doubts that he was negligent in his actions.

"Inadvertence alone, while an indication of negligent conduct, does not rise to the level of criminal liability, notwithstanding a catastrophic result," Prosecutor Curtis T. Hill Jr. told reporters. Cooksey, an Illinois resident, was traveling 62 mph in a 65 mph zone at the time of the crash. Investigators determined that Cooksey was not under the influence of alcohol or drugs and had been on the road for less than three hours before the accident happened. State investigators also found that he tried to apply the brakes before he rammed into traffic, which was snarled on the toll road because of another crash that had occurred hours earlier near a construction site, the article said.

Two vehicles were crushed beyond recognition after the crash. Five out of six people in a pickup truck that was struck died. Two others in a Jeep Cherokee were also killed as was the driver of another pickup truck that went off the road. Victims' family members are understandably angry at the outcome of the case. Cooksey's truck was registered to New England Motor Freight of Elizabeth, N.J., the news report said.

As I write this a combination of sadness, despair and anger comes over me. This is another one of those situations that no one can fix. It isn't a broken arm that a skilled doctor can repair and the body will heal. It isn't simply a totaled car that can be replaced. It is mothers, fathers, sisters, brothers and children that have been lost. There is no adequate way to fix the problems, replace what has been lost or compensate the victims.

Without our system of laws and judicial system, I could see the families of the victims lynching the driver. No, I am not advocating such barbaric actions. It's just something has to be done to hold this driver, Leonardo Cooksey, and his employer, New England Motor Freight of Elizabeth, N.J., accountable for the harm they have inflicted. How can a professional truck driver allow himself to get distracted when he's driving a humongous vehicle and then strike and kill eight people? Certainly our justice system will hold him accountable? Based upon this news story, it sounds like there will be no criminal charges.....that makes me angry and I don't even know these people.

There are many skilled and caring personal injury attorneys that the families will be able to turn to for guidance, representation and to hold the responsible parties accountable. At least the driver was on the job and driving a commercial vehicle, which means that their should be enough insurance and assets to at least partially compensate the victims financially. If this accident had been caused by a non-commercial vehicle, the families of these accident victims most likely would not have any chance at significant compensation. Generally, non-commercial vehicles do not care enough insurance to adequately compensate victims in a situation like this. We see it every day.

If I had been contacted by the family members of the people killed in this incident, one of the first things I would do would be to check out the company that owned the truck, New England Motor Freight of Elizabeth, N.J. I would at least have some good news for the families of the victims. The company certainly appears to be big enough to have enough assets to fairly compensate all of the victims and pay for all the damages caused by their negligent driver. See their website at http://www.nemf.com.

As personal injury attorneys, we see how injuries devastate families and lives, every day. We know the pain and suffering our clients go through, the shattered lives and the lost dreams. We're honored to be able to do what we can and use our knowledge and expertise to help put our clients' lives back together, while enduring the constant attacks by "tort deformers" and politicians trying to protect wrongdoers from being held accountable by attacking our work, our profession, our laws and our justice system.

The best personal injury lawyers will provide a free, confidential consultation to anyone who has been injured or lost a family member. Do not hesitate to call on us or any personal injury expert law firm across the country for assistance after an accident. Although survivors are dealing with a lot, getting a legal team on board early can make a huge difference in the end.

The New England Motor Freight of Elizabeth, N.J. already has their attorneys and investigators working this accident. They are doing whatever they can to protect themselves. If you were injured in this accident or lost a loved one to it, get a free consultation with an expert personal injury firm immediately. Our prayers and our hearts go out to the victims, all of them.

For more information on this subject, please refer to our section on Tractor-Trailer Accidents.

Originally posted at InjuryBoard by IB Contributor

Salmonella Peanut Butter Contamination

IB Contributor — Thu, 15 Feb 2007 21:06:13 GMT

Hundreds suffer food poisoning from tainted peanut butter.

Consumers are being warned by the Food and Drug Administration (FDA) not to eat certain jars of Great Value or Peter Pan peanut butter due to a risk of contamination. The peanut butter my be contaminated by a bacterium that causes foodborne illness, Salmonella Tennessee.

The suspect jars of Great Value and Peter Pan peanut butter were manufactured in a single facility in Georgia by ConAgra. They have a product code located on the lid of the jar that begins with number "2111".

The FDA is advising consumers to discard any Great Value or Peter Pan brand peanut butter purchased since May 2006 as well as any with a product code beginning with "2111" that they may have in their possession.

Symptoms of Salmonella caused foodborne illness include diarrhea, fever and abdominal cramps. Salmonella can invade the bloodstream and cause life-threatening infections in persons with poor underlying health or weakened immune systems.

The FDA is advising that anyone who has eaten the suspect peanut butter and have experienced any of the mentioned symptoms should contact their doctor or health care provider immediately. They should also notify their state or local health authorities of their condition.

Originally posted at InjuryBoard by IB Contributor

Head Injury may be to Blame for Criminal Behavior

Christina Cole — Tue, 23 Jan 2007 23:29:43 GMT

A man accused of having involvement in a gruesome murder on Fort Ord in 2004 might not have been aware of his actions due to a head injury he sustained the day before, said a neurologist.

Dr. Arthur Kowell testified that there was indeed a high probability that a skull fracture that Allen Dalton had suffered in a pistol-whipping on April 15th had left him with a severe concussion or brain contusion that caused amnesia that Dalt is now claims in regard to the murder of Apineru "Chico" Sua.

On Monday Dalton testified he has no recollection of the events that happened on April 16, 2004, when Sua was stabbed over 40 times and dumped between two abandoned buildings on a former Army base.

Dalton's defense attorney hopes to prove that his responsibility in the murder was diminished due to his head injury, which precipitated Sua's murder.

Kowell, a teaches and practices neurology at the University of California - Los Angeles, said memory loss is amongst the common symptoms of people that suffer from a brain injury.

As with other head-trauma victims, Kowell said, Dalton could have appeared to be conscious but have been essentially unaware of his actions and what he was doing.

"You can have a patient who appears to be stoned, he can be standing up, cardiopulmonary functioning, walking and talking, but he may not be with the program, so to speak," he said, noting that he's seen cases where subjects suffered severe gunshot wounds to the head and still drove cars for some distance.
Such was the case with Dalton, Kowell testified. While he is believed to have driven Sua to Fort Ord, where Sua was stabbed to death by an accomplice, Dalton was not completely cognizant.
"In terms of whether he was functioning cognitively," Kowell said, "I think he was not, but to what degree, I'm not sure."

Originally posted at InjuryBoard by Christina Cole

Purdy Scrapers Recalled By Sherwin-Williams

Chrissie Cole — Thu, 06 Aug 2009 13:05:00 GMT

Sherwin-Williams Co., in cooperation with the CPSC, announced a recall of 77,000 Purdy 2 ½” 4-Edge Scrapers because the body can break from the handle when struck against a hard surface, posing a laceration hazard to users.

To this date, four reports of the scrapers body separating from the handle have been reported to the company. No injuries have been reported.

The recalled scrapers were sold nationwide at several different paint stores from February 9, 2009 through June 2009.

Consumers should stop using the scrapes and return them to any Sherwin-Williams store or place of purchase for a free replacement.

Consumer Information: Contact Sherwin-Williams at (888) 304-3769 between 9 a.m. and 5 p.m. ET Monday through Friday or visit www.sherwin-williams.com

Originally posted at InjuryBoard by Chrissie Cole

Customer Sues Big Lots For Slip and Fall

Chrissie Cole — Tue, 24 Feb 2009 09:44:00 GMT

A woman visiting a Big Lots store in Granite City claims she was injured when she slipped and fell on water that was on the floor near the service desk.

The lawsuit, filed by Donna Young, seeks in excess of $100,000 from the store and its manager claiming the defendants were careless in negligent.

While visiting the store on March 1, 2006, Young slipped and fell causing her to suffer diverse internal and external injuries according to the complaint filed February 18 in Madison County Circuit Court.

The suit claims she has suffered permanent injuries, medical expenses and lost wages amongst other things.

For more information on slip and fall accidents, please visit our Property Owner’s Liability Help Center where you can ready safety and prevention articles as well as what to do if you are involved in a slip and fall accident.

Originally posted at InjuryBoard by Chrissie Cole

Children's Cold Medicine Recalled Over Dosage Cup

Shannon Weidemann — Tue, 30 Oct 2007 14:32:39 GMT

Over the counter cough and cold medicine has been recalled by Wyeth due to a faulty dosage cup that came with the medicine. The recalled drugs include several Robitussin and Dimetapp brands. The recall comes after an advisory board advised the FDA that cold medications had not been tested on children under the age of six and may not be safe.

The products are being removed because they come with a dosing cup that does not mark the half-teaspoon level recommended for children aged 2 through 5 years old, according to Wyeth Consumer Healthcare, a division of the Madison, N.J.-based drugmaker.
"There's nothing wrong with the products," said Wyeth spokesman Doug Petkus.

The company is hoping to have new packaging and dosage cups out in a few months. Consumers are advised they do not need to return the product for a refund.

For more information on this subject, please refer to the section on Drugs, Medical Devices and Implants.

Originally posted at InjuryBoard by Shannon Weidemann

Man Dies in Long Beach Car Accident

Shannon Weidemann — Sun, 28 Oct 2007 13:55:06 GMT

A 24-year-old man from Anaheim was killed in a car accident on the Long Beach Freeway on Saturday. He was a passenger in a Camry that hit a tree. The 18-year-old driver was believed to be driving under the influence when he lost control of the vehicle.

As he approached the overpass at about 70 mph, Arvizu swerved to the right to enter the transition lane and lost control of the Camry.
The car went over a raised concrete divider, down an embankment and hit a tree, the report said.

The other passenger in the car was hurt and taken to a local hospital to be treated for her injuries. The driver was uninjured in the car accident. He has been arrested following the accident.

Originally posted at InjuryBoard by Shannon Weidemann

Stay Safe from Burns on Halloween

Shannon Weidemann — Fri, 26 Oct 2007 13:38:40 GMT

Halloween is on Wednedsay October 31st this year. Emergency rooms often see patients that have been burned on Halloween. Costumes may be made from a flammable material and candles in pumpkins and luminaries are found all over on Halloween. Here are some tips to help keep you and your family safe while Trick or Treating.

When purchasing costumes, masks, beards and wigs, look for flame-resistant fabrics such as nylon or polyester, or look for the label "Flame Resistant." Flame-resistant fabrics will resist burning and should extinguish quickly. To minimize the risk of contact with candles and other fire sources, avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts.
Keep candles and Jack O' Lanterns away from landings and doorsteps where costumes could brush against the flame.

It is always important to never leave an open flame unattended. Remember to have fun and keep these safety tips in mind in order to have an enjoyable holiday.

Originally posted at InjuryBoard by Shannon Weidemann