Attorney Blog

Pit Bull Dogs Are Inherently Dangerous Animals | Public Beware!

Wed, 25 Jan 2012 08:00:00 EST

As I have indicated on my Pit Bull main webpage on this website, the Pit bulls are a particularly dangerous breed namely because they have extremely powerful jaws for dogs their size. You add to the fact that they have extreme neck muscles and they almost nearly a resemble a walking jaw with short stocky legs. In fact, I have said, if you buy a Pit Bull as a family pet, it is almost like putting a shark in your family swimming pool!

Now, these jaws can easily crush hard tissue like human bone and inflict severe and significant long-term tissue damage – however, these powerful dogs can also tear and rip flesh and soft tissue beyond hope of repair or healing – just research some of the pictures you can find on the internet for a few examples of this ripping type biting pit bulls are famous for when they attack. The harm these animals can cause is not limited to physical trauma or injuries; very often Pit Bull victims of Pit Bull attacks carry psychological scars that last a lifetime. Again, it is due to the “way” the Pit Bull attacks – they twist and turn their heads while biting down with extreme force. I liken it to a crocodile attack!

Mark C. Blane is a San Dog Bite Injury Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Firm dedicated to representing families of people injured by a California dog bite. If you or a loved one has been killed or injured in a dog bite injury or attack accident in California, please order your free copy of Mr. Blane's book, The ULTIMATE California Dog Bite & Animal Attack Legal Survival Book. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California dog bite injury accident.

Mark Blane in Wall Street Journal on Injury Law with other Leading Experts

Fri, 16 Dec 2011 08:00:00 EST

Best-selling legal author and San Diego accident lawyer Mark Blane was featured in New York's world-famous newspaper, the Wall Street Journal on September 26, 2011. He was selected by America's Premier Experts to give his two cents on what he found important in his injury law practice. He was joined by other leading experts in various professional fields when they were asked for their best piece of advice for helping folks achieve health, wealth or success.

Here is the tear sheet from the September 26, 2011 Wall Street Journal:

For Mr. Blane, it was simple - he helps ordinary injured people every day in his busy injury practice - and he advised that if you get into an accident, do not wait or hesitate to get checked out by your doctor to make sure you are okay. The reason being is insurance companies will usually jump on any delay in medical care to try and assert you were not that injured from an accident, or your delay in care can be traced to other medical conditions you had prior to the accident. Furthermore, any delay in medical care does not adequately protect your interests: both medically and legally speaking. Do yourself, and your family, a favor: get checked out by a qualified physician if you feel any discomfort or pain following an accident - the time period following any injury-producing accident is not the time to be "stoic," and you should always follow the medical advice of your doctors.

San Diego Personal Injury Attorney:

Mark C. Blane is a San Diego Personal Injury Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Firm dedicated to representing families of people injured in personal injury accidents including car accidents, slip and falls, dog bites, product defects, and the like. If you or a loved one has been killed or injured in an accident in San Diego, or Southern California, due to the negligence of another, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in an California accident.

Attorney Mark Blane receives Golden Quill Award from National Academy

Sat, 05 Nov 2011 08:00:00 EST

National Academy of Best Selling Authors Honors Mark Blane for his Best Seller in Hollywood, California

In 2010 attorney Mark Blane was selected to join forces with some of America's top lawyers to co-author a book entitled "A Wolf in Sheep's Clothing: What Your Insurance Company Does Not Want You to Know About Until It is Too Late!" Upon its release in early 2011, it hit the Best-Sellers list in not one but two different categories. It reached the #1 spot in the category of Insurance, and cracked the Top 50 (#42) spot in the category of Personal Finance.

In recognition of his co-authorship of this powerful book for injured consumers, the National Academy of Best Selling Authors recently awarded Mr. Blane their Golden Quill Award at their annual awards gala in Hollywood, California at the famous Roosevelt Hotel on Hollywood Boulevard - the same room where the very first Academy Awards for Motion Pictures were held.

Here are some photos of the event from the Red Carpet:

The event was a great success and Mr. Blane was interviewed on the red carpet after receiving the Golden Quill Award. He thanked the National Academy of Best Selling Authors, his family and dedicated legal team who are the front lines with him along with his injured clients against the jaws of the insurance companies who fight a daily battle for justice.

Charity Donation of All Sales Proceeds

Mr. Blane and the other lawyers that co-authored the book decided any future proceeds from the book will be dontated to charity called "marketers for good" at marketersforgood.org. However, if you are injured in California, you can get this best selling book for FREE through this website - click on the book link in the top of this blog posting or on the right side margin of the webpage!

California Trial Lawyer & Best-Selling Legal Author Mark C. Blane

Fri, 09 Sep 2011 08:00:00 EST

CALIFORNIA TRIAL

LAWYER AND BEST SELLING LEGAL

AUTHOR MARK C. BLANE SPEARHEADS TOP

ISSUES FOR PERSONAL INJURY VICTIMS

GIVING THEM A FOOTHOLD AGAINST CORPORATE GIANTS

By Vanessa Van Petten

When personal injury victims are left struggling for their rights in the complicated legal process, Mark C. Blane offers a safe haven of guidance and expert support. In his San Diego based practice, Blane has made an art of protecting and defending victims of personal injury and winning cases that have been highlighted in major national publications and legal journals including the ABA Journal, San Diego Business Journal, National Jurist Magazine, and the Shreveport Times- Louisiana. Blane has also become a leading authority on demystifying the law for the public as an author of nine legal titles, including the best seller, A Wolf in Sheep's Clothing, the renowned book that has uncovered the well-kept secrets of the health insurance industry.

Blane received his law degree from Thomas Jefferson School of Law in San Diego after studying Psychology and Criminal Justice at Louisiana State University. His groundbreaking approach to representing victims of negligence has helped him recover millions of dollars for his clients. He works tirelessly to gain fair compensation for clients to cover their medical expenses from catastrophic losses due to defective products, accidents, automobile and motorcycle collisions and even slips and falls. However, his successes are hard earned; Blane is often pitted against major insurance companies and some of the largest defense law firms.

What sets Blane apart from other personal injury attorneys is his personal dedication to all aspects of his client’s cases—both medical and legal. Blane’s specialty of both understanding and working closely with Doctors is exactly what wins him most of his cases. “Documenting the medical effects and asking Doctors the right questions is my secret weapon. I know how to tie in the medical care with the law and then, if needed, prove this to a jury.”

Only further proving the success of Blane’s approach is the fact that he only works on a contingency basis. “I believe everyone is deserving of good legal counsel. Injury lawyers are like public watchdogs, making sure companies and corporations take responsibility for the injuries they cause and bringing justice to those who have been wronged.”

Dangers in a California Commercial Truck Accident

Sun, 31 Jul 2011 08:00:00 EST

Commercial truck accidents can be extremely dangerous. If you or someone you care about has been injured in an accident that involved a commercial truck, speak with a truck accident lawyer in San Diego who is able to answer any questions you may have about the California commercial truck accident claims process for your injuries and damages you've sustained.

A typical passenger vehicle usually weighs around 3,000 pounds; by comparison, a commercial truck with a full load of cargo can weigh over 80,000 pounds. When a commercial truck is involved in an accident with a standard automobile, the resultant injuries and damages are usually very serious, if not fatal. Because of this, truck drivers have a higher level of responsibility on the roads.

If you have been injured, it's crucial that you fortify your California commercial truck accident claim by speaking with a truck accident lawyer in San Diego.

There is a wide scope of damage that could fall under a California commercial truck accident claim, depending on the nature of issues such as the truck's type of cargo. If the cargo, that the truck is loaded with, is inflammable, then it is possible that passengers injured may also be vulnerable to secondary injuries such as burns or respiratory harm.

Take Control of California Commercial Truck Accident Claim by Contacting a Truck Accident Lawyer in San Diego

Truck accident lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Negligence Factoring into Bike Accident Claim in San Diego

Sun, 31 Jul 2011 08:00:00 EST

A California bicycle accident that involves a motor vehicle will likely end in terrible injury, and bicyclist negligence can play a huge factor in the resultant bike accident claim in San Diego. If you have been injured, speak with one or several California bicycle accident attorneys about determining the liability in your accident.

Negligence in a Bicycle Accident in California

Negligence can consist of:

riding the wrong way down a one-way street;
running a stop sign; and
turning abruptly in traffic without properly signaling.

It's important to keep in mind that in California, negligence can be "apportioned" between 2 parties. This is because California uses a system of "comparative fault" in its negligence laws. This means that a cyclist may be found partially at fault in an accident that caused his or her injuries and can still recover damages from a motorist who also contributed to the accident.

Bicycles don't provide a lot of protection to cyclists, and as a result, accidents that involve both cars and bikes typically involve severe injuries, accompanied by high medical expenses, hospital fees, and rehabilitative costs. For this reason, determining the apportionment of liability can be hotly contested by both parties. If you have been injured and are pursuing a bike accident claim in San Diego, contact a team of California bicycle accident attorneys.

Take Control of Your Bike Accident Claim in San Diego by Contacting California Bicycle Accident Attorneys

Personal injury attorney of San Diego, Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Personal Injury Attorney in San Diego Explains Senior Driver Safety

Sun, 31 Jul 2011 08:00:00 EST

The likelihood of being a driver involved in a San Diego car accident increases as a driver ages. Between 1997 and 2007, the number of seniors licensed to drive rose by 19%. If you've been injured in a collision involving a senior driver, speak with a personal injury attorney in San Diego about the possibility of a San Diego car accident claim.

Stereotyping often leads motorist to conclude that senior drivers are unnecessarily over-cautious, but statistics have revealed the following:

seniors are only 14% more likely to wear seat belts;
senior drivers have a greater tendency to avoid night time driving and driving during inclement weather; and
only 5% of senior drivers involved in fatal accidents had a .08 or greater blood alcohol content, compared to 25% of drivers aged 21 to 64.

The facts seem to indicate that seniors take more precautions than younger drivers; however, age-related complications with vision and reasoning can impair adults over time. Older drivers may also take many medications that develop side effects, such as drowsiness.

If you are injured in an accident that is not your fault, consider discussing a San Diego car accident claim with a personal injury attorney in San Diego.

Take Control of Your San Diego Car Accident Claim by Contacting a Personal Injury Attorney in San Diego

Personal injury attorney of San Diego, Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Liability When Potholes Cause Bike Accidents in San Diego

Sun, 31 Jul 2011 08:00:00 EST

Street potholes can cause serious bike accidents in San Diego, and under some conditions, the public or government entity responsible for maintaining city roads can be held liable for injuries and damages. If you've been injured in a bike accident caused by a pothole, meet with a San Diego, California, bicycle accident firm who can help you pursue an injury claim.

How Potholes Cause Your Bike Accident in San Diego

Long-term use causes wear and tear, leading to surface cracks which can expand if not repaired; and
Low quality temporary road fixes can sink or break in a short amount of time if not permanently repaired.

If temporary work caused the pothole, the public entity responsible for performing roadwork on the road or area, in which you were injured, may be responsible if it didn't provide an obvious warning about the dangerous potholes.

If the pothole has developed from wear and tear, the liability of the damages comes down to how long the pothole has been present. If it was relatively new, the entity responsible for road work may not be held liable. If the pothole had existed for some time - weeks or months - then the government is much more likely to be held responsible, particularly if other accidents have occurred at the site.

If you've been injured in one of the many bike accidents in San Diego that occur each year, contact our San Diego, California bicycle accident firm to determine if you are eligible for compensation.

Take Control of Your California Injury Claim by Contacting a San Diego Accident Lawyer

San Diego accident lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of California injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

California Motorist Negligence in a Bike Accident in San Diego, California

Sat, 30 Jul 2011 08:00:00 EST

When a motorist behaves carelessly or negligently on the road, the ramifications can be disastrous, especially when it leads to a collision with a bicyclist. If you've been injured in a bike accident in San Diego, California, it's probably in your best interest to contact a San Diego bicycle accident lawyer.

Burden of Proof in a Bike Accident in San Diego, California

Bicycles afford significantly less protection to their riders than do automobiles, and it's for this reason that a bike accident's consequences are often so severe.

In many cases, the liability of a California auto vs. bicycle accident is extremely contentious, and it's often the burden of the plaintiff to prove negligence on the part of the motorist in order to recoup damages.

However, in some cases certain actions that constitute traffic infractions are considered "negligence per se" and will suffice to fulfill the burden of proving negligence. In cases such as those, the burden of proof then falls to the defendant to prove that, although he or she was negligent, that negligence did not contribute to the plaintiff's injuries.

If you've been injured in a bike accident in San Diego, California, you should speak with a San Diego bicycle accident lawyer who can collect evidence, build your case, and fight for your rights.

Take Control of Your Bike Accident in San Diego, California by Contacting a San Diego Bicycle Accident Lawyer

Mark C. Blane and his San Diego bicycle accident lawyer team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

How Expert Witnesses Can Enhance Your Bike Accident Claim in San Diego

Sat, 30 Jul 2011 08:00:00 EST

If you've been injured in a bicycle accident involving a vehicle and are considering a bike accident claim in San Diego, you may have spoken to one of the many San Diego bicycle accident lawyers who have explained to you the complexity and difficulty of arguing a bicycle accident case.

It's because of these complications that expert witnesses are a valuable resource in trying bike accident cases, should it become necessary that your bike accident claim needs to go to court.

Factors Expert Witnesses Examine to Help Your Bike Accident Claim

Expert witnesses can provide input on:

the conditions of the road and the impact of conditions such as poor weather or disrepair;
traffic control signals, visibility obstructions, speeds of the bicycle and involved vehicle at the time of the accident, and other contributing factors;
failures of a bicycle's mechanical parts due to lack of repair or proper maintenance; and
the events that led up to the accident.

Expert witnesses can analyze and explain injuries as well, making a judge or jury more aware of the impact of injuries and demonstrating the details of catastrophic injuries and the means necessary to rehabilitate and support injured cyclists. If you've been injured in an accident, ask the team of San Diego bicycle accident lawyers representing you how expert witnesses might be useful in your bike accident claim in San Diego.

Take Control of Your Bike Accident Claim in San Diego by Contacting a Team of San Diego Bicycle Accident Lawyers

Mark C. Blane and his legal team of San Diego bicycle accident lawyers aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

California Bike Accident Claim for Trolley Track or Railway Injury

Sat, 30 Jul 2011 08:00:00 EST

Bicycle accidents can involve serious bodily injuries, so it is all the more unfortunate that bike accidents can be caused by so many various road hazards, such as railway or trolley tracks. In the event a California bike accident claim alleges that a municipal government somehow failed to fulfill its obligation to maintain safe travel access for bicyclists, retaining the services of a San Diego bicycle accident firm is extremely advisable.

Liability Factors for Bicycle Accident Caused by Railway or Trolley Tracks

Some liability factors include:

The position of the tracks or rails - tracks that run parallel to traffic pose a much greater threat than those that are perpendicular to the flow of traffic.
Attempts by the local government or entity to reduce the hazard of bicycle riders - for example, if rails are no longer used, they could be removed or at the very least covered to prevent accidents. Warning signs could also be used to advise cyclists of the danger.

If you have been injured in an accident because of hidden or obscured trolley tracks or railways, you may qualify for compensation by filing a California bike accident claim. Contact a San Diego bicycle accident firm that is experienced in handling cases like yours.

Take Control of Your California Bike Accident Claim by Contacting a San Diego Bicycle Accident Firm

Mark C. Blane and his San Diego bicycle accident firm aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Symptoms of a Herniated Disc after a San Diego Accident

Sat, 30 Jul 2011 08:00:00 EST

A San Diego accident can have serious physical and health repercussions for those who are involved, among them a herniated disc. Existing California injury law stipulates that if someone else was responsible for the accident that caused your injuries, they may be held financially liable for the cost of your medical treatment, lost wages, and pain and suffering.

Signs of a Herniated Disc After a San Diego Accident

Indicators that you are suffering from a herniated disc can vary depending on the size and position of the disc.

aches and pains in the lower back;
numbness or weakness in the area of the body to which the compressed nerve travels;
sciatica;
inability to stand for long periods of time; and
pain when attempting to twist or bend in the back or neck.

It is important to reinforce the point that symptoms vary greatly based on the location and severity of the injury, so if you even slightly suspect that you are suffering from a herniated disc, seek medical attention.

If the accident that caused your injuries was the result of another's negligence, contact a California injury lawyer who can help you pursue an accident claim.

Take Control of Your California Injury Claim by Contacting a San Diego Accident Lawyer

San Diego accident lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of California injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Fiery San Diego Car Crash Kills Motorist

Fri, 29 Jul 2011 08:00:00 EST

July 28, 2011 - San Diego, Calif. - A motorist was killed Sunday, July 24, in a fiery San Diego car crash, on the off-ramp of a freeway, reported 10 News.

The man, who has not yet been identified, was driving west on state Route 94 when, at around 11:35 p.m., he exited at Euclid Avenue where he struggled to negotiate a turn.

The driver lost control of his car, a 2003 Kia Rio, ran off of the ramp and slammed into a tree.

Shortly after the San Diego car crash, the car burst into flames, according to the California Highway Patrol. Once firefighters had put out the fire, they discovered the driver's body in the wreckage. No other details have been released.

As a service to the residents of California, our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of motor vehicle accidents occurring in California that may result in serious injury or traffic fatalities.

Common accidents include, but are not limited to:

single-car accidents;
accidents caused by hazardous road conditions; and
accidents caused by distracted drivers or aggressive driving.

If you have been named in this blog posting or you are the victim's family member or friend and would like it removed from our website, please feel free to contact us and we will promptly accommodate your request.

Cost and Treatment of TBI after an Accident in San Diego

Thu, 28 Jul 2011 08:00:00 EST

The cost, prognosis, and treatment of a traumatic brain injury (TBI) from an accident in San Diego is largely dependent on the severity of the injury, but even a mild TBI can have long-lasting impacts that interfere with daily obligations and enjoyments. The high stakes of a TBI necessitate the experience of a San Diego trial lawyer who can manage your case and fight for the compensation you may be entitled to.

The average cost of the medical expenses, surgery fees, and rehabilitative costs associated with TBI can accumulate to tens of thousands of dollars or several million dollars.

The cost of a minor or mild TBI, such as a concussion, averages approximately $85,000. Although the difference between a "mild" and "moderate" injury may seem insignificant in other areas, a moderate TBI averages $941,000 in fees and expenses.

A serious TBI, when all costs, tests, and rehabilitative therapies such as physical, occupational, behavioral, speech, and psychological therapy, are taken into account, averages a price of $3 million. Additionally, the long-term costs associated with caring for someone who has suffered a TBI can range from an extra $600,000 to $1.8 million.

The high stakes associated with TBI mean that you need to take advantage of all avenues of compensation for your brain injury after your accident in San Diego. A San Diego trial lawyer can help you explore and exhaust all of your options for financial security.

Take Control of Your Accident in San Diego by Contacting a San Diego Trial Lawyer

Mark C. Blane and his San Diego trial lawyer team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Liable Parties in a San Diego Commercial Trucking Accident Case

Wed, 27 Jul 2011 08:00:00 EST

If you have been injured in a commercial trucking accident, it's important that the San Diego law firm that you select to represent your injury claim explore all possible avenues for compensation. In order to do so, a personal injury attorney in San Diego should be familiar with the different parties that can be responsible or liable for the cause of a commercial trucking accident.

Entities that may be held liable in a commercial trucking accident are:

commercial trucking companies;
independent contractors;
trucking equipment manufacturers;
truck driver employers; and
truck drivers.

It is a complicated matter to establish liability of a third party for a commercial trucking accident and even more complex when a truck driver is an independent contractor in a large trucking firm. These firms are well acquainted with trucking investigations and are famous for aggressively defending against injury claims.

If you have been injured and are considering filing a claim, it is vital that you retain the services of a personal injury attorney from a San Diego law firm who will fight for your rights and pursue the compensation you deserve for your injury. You may be entitled to compensation for medical expenses, altered quality of life, lost earnings and pain and suffering.

Take Control of Your California Injury Claim by Contacting a Personal Injury Attorney in San Diego

San Diego accident lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Types of Nerve Injury after a San Diego Traffic Accident

Wed, 27 Jul 2011 08:00:00 EST

A nerve injury after a San Diego traffic accident can have severe, permanent consequences. While promising treatments for nerve damage exist, they are both expensive and lengthy, and largely incapable of reversing the effects of a serious nerve injury. If you've been hurt in an accident that was caused by another motorist's negligence, speak with a San Diego injuries lawyer who has experience with cases like yours.

Types of Nerve Injuries after a San Diego Traffic Accident

Nerve injuries are separated into three categories depending on the severity and type of nerve that has been injured.

autonomic nerves - responsible for your involuntary mechanisms such as blood pressure and digestion;
motor nerves - control your bodily functions; and
sensory nerves - enable you to perceive temperature, pressure, and other such similar sensory input.

After any San Diego traffic accident, you should have yourself checked out by a medical professional. Nerve injuries and other sources of pain are often conflated with one another, and determining the difference between nerve injury and another type of injury can be difficult if you're not familiar with what to look for. After you‘ve received medical attention, contact a San Diego injuries lawyer who can help you build your liability claim and recoup the damages you may be entitled to.

Take Control of Your San Diego Traffic Accident by Contacting a San Diego Injuries Lawyer

San Diego injuries lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but also the basics of San Diego accident claim laws and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Treating a Severe Burn Injury after a San Diego Accident

Tue, 26 Jul 2011 08:00:00 EST

A San Diego accident claim for a burn injury after an accident is vital to dealing with the financial complications incumbent on victims who have suffered severe burns. If you've been injured, you should speak with a San Diego law firm. The high cost of medical services and procedures required to treat a serious burn injury can quickly complicate an already stressful situation for an accident victim.

It is estimated that the cost of treating burns is more than $7 billion per year. On an individual scale, burns are a catastrophically painful and financially debilitating injury to treat, with bills for procedures such as skin grafts and extended hospital stays easily mounting more quickly than they can be paid off.

Treatment for burn injuries ranges depending on the severity of the burn, which is determined by the categorization of first-, second-, and third-degree burns. Superficial, or first degree burns, can sometimes be treated with antibacterial cream and aloe vera to soothe the pain and minimize the risk of infection, but more serious burns, such as full-thickness burns, may require skin grafts or synthetic grafts, which can cost thousands of dollars.

If you have been burnt in an accident that was someone else's fault, you don't have to shoulder these burdens by yourself. Contact a San Diego law firm who can help you with your San Diego accident claim.

Take Control of Your Accident in San Diego, California, by Contacting a San Diego Law Firm

Mark C. Blane and his San Diego law firm aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but also the basics of San Diego accident claim laws and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Most Common Dangerous San Diego Car Accidents

Mon, 25 Jul 2011 08:00:00 EST

San Diego car accidents occur every day and can come in all manner of forms. You can help your San Diego car accidents claim if you can determine the type of car collision you had. If you've been injured, write down the type of crash you've been in and contact a San Diego injury lawyer who can answer your questions.

The most common types of car accidents occur in the following proportions:

Rear impact crashes comprise 29.6% of total collisions in the United States (in rear impact accidents, the driver in the rear is typically found at fault).
Side impact accidents total 28.9% of all accidents.
Runoff accidents constitute 16.1% of all crashes.
Rollovers, most common among SUVs, comprise 2.3% of total crashes.
Head-on collisions, among the most serious types of accidents, occur in 2% of all auto crashes.

If you have been injured by a negligent driver, reach out to a San Diego injury lawyer who will answer your questions about how you can pursue financial compensation for your injuries. San Diego car accidents are tragic occurrences, and you deserve compensation if you have become a victim because of someone else's negligence on the road.

Take Control of Your California Injury Claim by Contacting a San Diego Accident Lawyer Today!

San Diego accident lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español

3 Mistakes to Avoid After a Car Crash in San Diego

Mon, 25 Jul 2011 08:00:00 EST

If you've been injured in a car crash in San Diego that wasn't your fault, chances are you're thinking about filing a personal injury claim. A San Diego accident attorney can guide you through this complex and sometimes intimidating process. However, there are still things you can do to help your case as well as things to avoid that hurt your claim.

3 Common Mistakes at the Scene of Car Crash in San Diego

Fleeing an accident scene. California law requires that drivers involved in accidents stop to exchange proper information. If you don't stop, not only will you hurt your chances of a claim, but you may be penalized with a license suspension or criminal charges.
Not collecting car crash information. Be sure that you stop and exchange your insurance details with the other driver, and that you collect other information that may be relevant to the claims process, such as witness information and details about the extent of damage.
Admitting fault. Even if you think you're to blame for the car crash, don't admit fault. Remember, "fault" is a technical, legal term, and in many instances, fault is relative. Don't apologize for the accident, even if the other driver appears injured, as a simple apology can cast suspicion on your responsibility for the crash which can damage your pursuit of filing a claim.

Take Control of Your Claim after a Car Crash in San Diego by Speaking with a San Diego Accident Attorney

San Diego accident attorney, Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Determining Liability in a Pedestrian Accident in San Diego

Sun, 24 Jul 2011 08:00:00 EST

It can be difficult to determine liability in a pedestrian accident in San Diego without the assistance, knowledge, and experience of a California pedestrian rights attorney. Many pedestrians, and even more motorists, are unaware of the rules and regulations that apply to interactions between pedestrians and drivers.

When a police report is recorded after a pedestrian accident in San Diego, the officer will typically conduct an investigation to pre-determine fault for the accident. In many cases, liability is shared by the pedestrian and the driver, so the services of a California pedestrian rights attorney well-acquainted with accidents like yours will be vital to proving your case.

A pedestrian is responsible for adhering to the rules of the road. For instance, if a pedestrian crosses a street illegally (thereby jaywalking) and is struck by a car, then he or she is, in some way, at least partially liable for the accident. If the car that hit the pedestrian was speeding, then the motorist is also liable, and the tricky business of determining the apportionment of liability must commence before a settlement can be reached.

If you have been injured in a pedestrian accident in San Diego, contact a California pedestrian rights attorney who can help you determine liability of your accident, even if you suspect you may be partially to blame.

Take Control of Your Pedestrian Accident in San Diego by Contacting a California Pedestrian Rights Attorney

Accident attorney Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose car accident claims we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

4 Uninsured/Underinsured Facts for Car Accident Claims in San Diego

Sat, 23 Jul 2011 08:00:00 EST

If you're injured in an accident by an uninsured or underinsured driver, it's natural to feel particularly anxious about the future of your case and how it'll be handled in the San Diego, California car accident claims process. A San Diego injury law firm will assist you in the process of pursuing your claim against an uninsured or underinsured motorist.

4 Facts of UM/UIM Coverage Helpful to San Diego, California Car Accident Claims

In California, insurance providers are required to include uninsured and underinsured motorist coverage in your policy. They may only exclude this coverage if you specifically decline it in writing.
California insurance providers are only required to provide UM/UIM coverage in the amount of your policy liability coverage. If you have more than $30,000/$60,000 coverage, insurers aren't required to exceed that amount.
Your UM/UIM coverage will cover more than just yourself. It will cover you and all of the members of your house, including children of yours who don't live with you, and college kids that are away. It also covers any passengers riding in your car at the time of the accident or licensed drivers who are driving your car with your permission.
UM/UIM coverage applies even when you're not in a car. It applies whether you're driving, walking, bicycling, or simply standing when you're injured by an uninsured motorist.

If you're injured by an uninsured or underinsured driver, contact a San Diego injury law firm about your rights and entitlements as a result of your accident.

Take Control of Your California Claim by Contacting a San Diego Injury Law Firm

Accident attorney Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose San Diego, California car accident claims we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Motel Maid Pinned, Killed by Car in El Cajon Accident

Fri, 22 Jul 2011 08:00:00 EST

July 22, 2011 - El Cajon, Calif. - Police in El Cajon are still investigating a fatal collision that claimed the life of a motel maid at Villa Embasadora Inn on Thursday, July 14, at about 12:45 p.m., according to reports from 10News.

While pulling into a parking space, the 75-year-old motorist accidentally pressed the gas, instead of the brake, and struck the 60-year-old maid, pinning her against the motel wall.

The maid died at the scene of the accident. Her name is being withheld until her family is notified.

The elderly female driver was not injured in the accident, according to a report from El Cajon city spokeswoman Monica Zech. After she learned of the maid's death, however, she became emotionally distraught and had to be taken to a local hospital. Her current condition is unknown.

As a service to the residents of California, our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of California motor vehicle accidents that may result in serious injury or traffic fatalities.

Common accidents include, but are not limited to:

single-car accidents;
accidents caused by hazardous road conditions; and
accidents caused by distracted drivers or aggressive driving.

Drunk Driver Killed in San Diego Car Accident, 4 Others Injured

Fri, 22 Jul 2011 08:00:00 EST

July 22, 2011, San Diego, Calif -- A San Diego car accident took place when a man lost control of his vehicle and hit an oncoming car Saturday morning, July 16, reported the San Diego Union-Tribune.

San Diego police said the driver, who was identified by the county Medical Examiner's Office as Bryan Larman, 28, was southbound in a Mitsubishi on Ulric Street near the intersection of Ulric and Fashion Hills Boulevard.

He tried to pass another vehicle but lost control of his car and passed over the center divider. Thereafter, he struck an oncoming Nissan Frontier.

Larman was taken to the hospital and treated for a traumatic head injury sustained in the accident, but he succumbed to his injuries and died shortly before 10 a.m.

Police say Larman had been driving under the influence of alcohol when the accident occurred. In regards to the Nissan Frontier that was hit, 4 were injured - 2 adults and 2 children ages 6 and 10. They were hospitalized and treated for moderate and major injuries.

As a service to the residents of California, our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of California motor vehicle accidents that may result in serious injury or traffic fatalities.

Common accidents include, but are not limited to:

single-car accidents;
accidents caused by hazardous road conditions; and
accidents caused by distracted drivers or aggressive driving.

5-Vehicle Car Accident in San Carlos Injures 7

Fri, 22 Jul 2011 08:00:00 EST

July 22, 2011, San Carlos, Calif. -- Several people have been seriously injured in a series of chain-reaction collisions in a San Diego accident that took place in the late afternoon on Monday, July 18, according to the San Diego Union-Tribune.

The accident was reported just after 4 p.m. and took place on the 8700 block of Lake Murray Boulevard.

Witnesses say that the chain of crashes included as many as 5 vehicles. San Diego Police Department's Lieutenant Andra Brown said that of the motorists and car occupants involved in the accident, 7 were injured. At least 3 children had to be air-lifted to a nearby trauma center at Children's Hospital.

Police are still investigating the accident and it's not readily apparent what caused the series of collisions, but witnesses have said that one of the drivers involved had been speeding and driving recklessly just before the accidents took place.

As a service to the residents of California, our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of California motor vehicle accidents that may result in serious injury or traffic fatalities.

Common accidents include, but are not limited to:

single-car accidents;
accidents caused by hazardous road conditions; and
accidents caused by distracted drivers or aggressive driving.

Oceanside, California, Squad Car Crashes into Gas Station

Fri, 22 Jul 2011 08:00:00 EST

July 22, 2011, San Diego, Calif -- According to 10 News, an Oceanside squad car crashed into the Mohsen gas station in the 3200 block on Mission Avenue.

The accident took place at about 7 a.m. on Saturday, July 16.

The gas station's owner, Susana Arabshahi, told reporters that another vehicle had switched into the squad car's lane, which caused the police cruiser to swerve in order to avoid hitting the car. When the driver did, he lost control of the cruiser and struck a car at a gas pump, hitting the entrance of the gas station, where it finally came to a stop.

There were no injuries reported and Oceanside police would not confirm any details about the accident.

If you have been injured in accident caused by another person's negligence you should discuss your legal options with a San Diego accident lawyer. You may be entitled to compensation through a personal injury claim.

As a service to the residents of California, our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of California motor vehicle accidents that may result in serious injury or traffic fatalities.

Common accidents include, but are not limited to:

single-car accidents;
accidents caused by hazardous road conditions; and
accidents caused by distracted drivers or aggressive driving.

Sewer Grates Represent San Diego Injury Hazard to Cyclists

Thu, 21 Jul 2011 08:00:00 EST

Bicycling in a populated, urban city is dangerous enough without the added hazard of precarious sewer bars and grates. San Diego injury reports are on the rise as a result of these dangerously-placed bars and if you've been injured by one of them, you should contact a San Diego accident lawyer with experience in cyclist injury.

When sewer grates or bars face the same direction as traffic - meaning the bars are parallel to your wheels when you pass by or over them - they're posing a serious risk to cyclists who could ride on them and become caught in the grate.

Cyclists have a right to use safe roads, and many direction-of-travel grates have been fixed by being replaced with crosshatch grates or simply changing their direction. These are inexpensive remedies for what's otherwise a serious problem. If a city or county has failed to implement any solutions to the hazard to eliminate the danger, then that municipality's governing body may be held liable for any accidents or injuries incurred as a result.

Outspoken cyclists have prompted many city and county governments to rectify the problem by changing the shape or direction of these problematic sewer grates, but hazards still remain in many cities. If you've been injured, contact a San Diego accident lawyer who can answer your questions about a cycling San Diego injury.

Contact a San Diego Accident Lawyer

San Diego accident lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269.

How Spinal Cord Injuries are Treated after a San Diego Accident

Tue, 19 Jul 2011 08:00:00 EST

When a serious San Diego accident results in grave damage, such as a spinal cord injury, the cost of medical services, rehabilitation, and sustained care can be tremendous. If you or someone you love suffered a spinal cord injury in an accident that was a result of someone else's negligence, contact a San Diego spinal cord injury lawyer to learn more about your options for collecting compensation.

Long-term Treatment of a Spinal Cord Injury

A steroid called methylprednisolone is usually administered in the first 8 hours after a spinal cord injury and can reduce the shock and damage to nerve cells and decrease the inflammation of the injury. While it's by no means a cure, it can induce mild improvement in limited functions.

Immobilization is also commonly prescribed for patients with spinal cord injuries, sometimes with metal braces, rigid collars, or special beds.

In other cases, surgery is required to remove bone fragment or disc material that may be compressing the spine, or to stabilize the spine to avoid further injury, pain, or complications.

Through a personal injury claim for your spinal cord injuries, a San Diego spinal cord injury lawyer may be able to help you obtain compensation for current and future medical expenses as well as other incidental expenses.

Contact a Spinal Cord Injury Lawyer Today

San Diego spinal cord injury lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269.

Drivers Have an Increased Burden to Exercise Caution Around Children

Fri, 15 Jul 2011 08:00:00 EST

A San Diego traffic accident involving a bicycle is disproportionately more likely to involve children than other accident types. Drivers are held to a higher standard of care - an "increased duty" - when driving around children or in areas that are populated or frequented by children.

If your child has been injured in an accident that was caused by a driver who did not rise to meet the increased duty of care, a San Diego accident lawyer may be able to help prove the driver's liability and pursue financial damages.

In the same way that adults driving around children are held to a higher standard of caution, children are held to a lower standard. Experience with vehicles, as well as hand-eye coordination, is typically lower among children.

Children can become easily distracted from the dangers of the road, and can dart into the street chasing after toys or without looking both ways. In cases where a driver was not operating at the increased duty of care expected of adults who are around children, the driver may be found negligent in the accident and liable for damages.

Contact a San Diego accident lawyer who can answer your questions about what to do when a child in your life is injured by a careless driver.

Take Control of Your California Injury Claim by Contacting a San Diego Accident Lawyer

San Diego accident lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 1-888-845-6269 or 1-619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

When a Commercial Vehicle is Involved in a San Diego Accident

Thu, 14 Jul 2011 08:00:00 EST

If you have been involved in a San Diego accident with a commercial vehicle in San Diego you may be unsure of what action to take. Consult with Chula Vista lawyers as soon as possible to discuss your options and your case. They will help you sort out who is liable for the injuries and damages you sustained and as well as your next steps.

An Accident with A Commercial Vehicle in San Diego

Commercial accidents are in their own category. This is because when you want to take legal action after a commercial accident it is no longer simply a matter of personal injury but instead of filing a lawsuit against a company for liability.

Commercial accidents happen unexpectedly and the injuries suffered are generally severe.

Commercial accident injuries may include:

broken bones;
back injury;
neck injury;
brain injury; and
wrongful death.

When you want to file for payment for your bodily injury and property damage as a victim you will be filing against a commercial company rather than an individual citizen. This type of claim necessitates the use of Chula Vista lawyers who can stand up to the large company for your rights.

Over-worked truck drivers usually cause commercial accidents. They work hard for their companies so that they can make more money in less time. This can result in neglected regulations like mandatory rest breaks.

Commercial vehicle accidents in San Diego are more common than you would think. If you have been involved in an accident contact Chula Vista lawyers right away.

Take Control of Your California Injury Claim by Contacting Chula Vista Lawyers Today!

Commercial truck drivers have a duty to other drivers on the road to observe standards of safety higher than the average citizen and this is what a Chula Vista lawyer can prove for you. Chula Vista accident lawyer Mark C. Blane and his legal team aren't like some of the other Chula Vista lawyers you may have met with or seen ads for around town.

Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer.

Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

What to Do After Serious Accidents in San Diego, California

Thu, 14 Jul 2011 08:00:00 EST

After an accident, it's easy to lose sight of collecting facts pertaining to liability. Adrenaline puts your body on high alert, and you may be disoriented, confused or attending to an injury. However, there are a number of important items to take care of while you're still at the scene of any serious accidents in San Diego. You should speak with a San Diego accident lawyer who can help you determine liability and will explain your options for compensation after your injuries have been treated.

A Checklist for Serious Accidents in San Diego

Stay at the scene of the accident until an authority has indicated that you may leave. Leaving the scene may result in criminal penalties.
Check all drivers and passengers for injuries. If there are any, call an ambulance and try to avoid moving the injured person.
Call the police to report the accident, especially if anyone has been injured or significant property damage is involved.

These guidelines seem simple, and they are, but they are vital if you've been in an accident. People forget these simple pointers every day and end up with even greater consequences on their hands. If you or someone you love has been injured in a crash caused by another driver, contact an attorney who has experience with serious accidents in San Diego.

Take Control of Your California Injury Claim by Contacting a San Diego Accident Lawyer

San Diego accident lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

6 Examples of Truck Negligence that Could Lead to a Crash in San Diego

Wed, 13 Jul 2011 08:00:00 EST

As a driver it is a good idea to become familiar with the types of truck accidents that can occur on the road, whether or not you have been involved in a crash in San Diego. If you are involved in a truck accident, work with a San Diego truck accident lawyer who can help you build a personal injury claim.

Below are 6 examples of truck driver negligence that can lead to an accident:

An aggressive driver will be distracted and more likely to speed, make frequent lane changes or cut off other drivers on the road.
Driver error may include failing to use a turn signal or neglecting a blind spot.
Particularly with trucks, negligence may occur regarding a driver's cargo. He or she may fail to properly load and secure the cargo in the vehicle. This may result in the truck being overweight, unbalanced or unsecured.
A driver may cause an accident if he or she is negligent of the road conditions. This includes continuing to drive in poor conditions at unsafe speeds.
All truck drivers must adhere to federal law, and if he or she neglects mandatory rest periods, unsafe driving may result.
A driver under the influence is at high risk for causing an accident if he or she is inebriated with alcohol, prescription or illegal drugs.

If you are involved in a crash in San Diego involving a truck, speak to a San Diego truck accident lawyer to discuss your options. For more information about a crash in San Diego, visit our article library.

Take Control of Your California Injury Claim by Contacting a San Diego Truck Accident Lawyer Today!

San Diego truck accident lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 1-888-845-6269 or 1-619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Complications of a Broken Bone after a San Diego Traffic Accident

Wed, 13 Jul 2011 08:00:00 EST

The force of impact produced by a San Diego traffic accident can cause massive damage to the human body, and broken bones are a frequent byproduct of car crashes in California. If you or someone you love has been injured in an accident caused by a careless or reckless driver, a dedicated team of San Diego accident lawyers may be able to help you prove the at-fault driver's liability and seek financial damages.

Complicating Factors in a Broken Bone Injury

In many cases, a broken bone can be treated with medication, a cast and rest, but in certain cases, complications can arise that compromise healing, such as:

lack of proper blood flow;
infection;
failure to stabilize the fractured limb or bone properly; and
separation of fractured ends of the bone.

The above circumstances can result in a delayed union, or prolonged healing for the bone, or a nonunion, in which a broken bone may fail to heal itself.

If you suffer any complications as the result of a San Diego traffic accident caused by a reckless or negligent driver, contact an office of dedicated San Diego accident lawyers who can answer questions about liability and compensation and will treat you with the compassion you need when you're injured.

Take Control of Your California Injury Claim by Contacting San Diego Accident Lawyers

Attorney Mark C. Blane and his team of San Diego accident lawyers aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 1-888-845-6269 or 1-619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

5 Types of Disfiguring Injuries in a San Diego Car Crash

Tue, 12 Jul 2011 08:00:00 EST

After a San Diego car crash it is important to take action quickly and begin building a strong case for a personal injury claim. Working with a San Diego law firm to speak with an attorney will help. This may seem like a daunting task, but it is well worth the time and effort when the payoff could make a world of difference.

As a victim, there are many types of serious, permanent injuries you could suffer from an accident such as:

Loss of a limb;
Facial scarring;
Nerve damage;
Loss of basic motor functions; and
Burns (that can vary in degree and severity).

It is important to realize that all of these possible injuries come with a huge price tag. The costs will include hospitalization fees, treatment, surgery (in some cases), medication and therapy, lost wages, and well as property damage from the accident. If the other driver is at fault for the accident you may be able to recover damages and payment for these costs from his or her insurance.

An attorney will be able to answer any questions you may have about the San Diego law process in the event that an accident results in disfigurement.

Take Control of Your California Injury Claim by Contacting a San Diego Accident Lawyer Today!

San Diego accident lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 1-888-845-6269 or 1-619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

How to Handle Aggressive Drivers on the Road

Tue, 12 Jul 2011 08:00:00 EST

Road rage, a form of extremely aggressive driving characterized by a disregard for other motor vehicles, cyclists or pedestrians, causes thousands of San Diego, California car accidents every year. A San Diego car crash lawyer may be able to help if you have been injured in an accident caused by another driver's aggressive or negligent behavior behind the wheel.

Signs of road rage in San Diego include the following:

tailgating;
frequent lane changes;
speeding;
running red lights or ignoring other posted traffic signs; and
rude gestures or intimidating road tactics.

When Confronted by an Aggressive Driver

While you can't control another's frame of mind, intentions or actions, you can be prepared to deal with a driver exhibiting signs of road rage.

Concentrate on the road and get out of the driver's way.

Do not challenge an aggressive driver by attempting to speed up to prevent being cut off. Slow down and let him or her pass so that you can put more distance between your cars.

Avoid eye contact. An aggressive driver might take this as a dare, or it may enrage him or her further.

Ignore rude or inappropriate gestures and do not reciprocate.

Report road rage to the police when you have a chance to pull over to a safe location, or have a passenger call.

Take Control of Your California Injury Claim by Contacting a San Diego Car Crash Lawyer

San Diego car crash lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 1-888-845-6269 or 1-619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Hit and Run Accident in Vista, California, Leaves a Passenger Dead

Mon, 11 Jul 2011 08:00:00 EST

July 11, 2011 - Vista, Calif. -- One Escondido man is dead after his car erupted into flames when he was hit by another car, and another man is accused of a felony hit-and-run that caused the fiery accident, CBS8.com reported.

Miguel Angel Rojas, 18, of Escondido, Calif., perished after Juan Carlos Carrillo, 20, slammed his 1995 Lexus ES300 into Rojas' Dodge Caravan at the corner of Elmwood Drive and Washington Avenue.

Police say Carrillo was heading east when he collided into the Caravan and that he and two other passengers fled the scene. The accident took place at approximately 2:15 a.m. on Sunday, July 3.

The collision caused a fire, and shortly after igniting, the minivan was engulfed by the blaze. The San Diego County Medical Examiner's office reported that Rojas was not killed by the impact, but from smoke inhalation and burns.

After a search for the suspect was conducted and police identified the wrecked Lexus that had been left behind at the accident, Carrillo was arrested at 5:30 p.m. the same day and was held at the Vista Detention Center under suspicion of driving without a license and a felony hit-and-run resulting in death or injury. His bail was set at $50,000.

As a service to the residents of California our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of motor vehicle accidents that occur that may result in serious injury or traffic fatalities.

Common accidents include, but are not limited to:

single-car accidents;
accidents caused by hazardous road conditions; and
accidents caused by aggressive driving or distracted drivers.

If you have been named in this blog or you are the victim's family member or friend and would like the blog posting removed from our website, please feel free to contact us and we will promptly accommodate your request.

Man, 74, Struck and Killed by Car in Spring Valley, California

Mon, 11 Jul 2011 08:00:00 EST

July 11, 2011, Spring Valley, Calif. -- A 74-year-old La Mesa, Calif., resident was killed after he was struck by a vehicle while he was walking alongside State Route 125 in Spring Valley, Fox5SanDiego.com has reported.

The accident, which happened at Spring Street on Route 125, took place at approximately 2 a.m. on Friday, July 1.

As the man walked along the highway, he was struck by a 2010 Hyundai Accent. His legs were severed, and he was thrown into the windshield of the car.

The driver of the Hyundai, Harold Mittleman, 46, of Lemon Grove, was so panicked by the accident that he continued driving home, even though the man's dismembered body was still lodged in the vehicle.

Mittleman made an emergency call to report the accident and submitted to a sobriety test.

According to California Highway Police, Mittleman did not appear to be under the influence of drugs or alcohol.

It remains unclear as to why the man was walking along the highway. His name is being withheld until next of kin is notified. Mittleman told authorities that he didn't have time to take evasive action because he came upon the man so quickly.

Lanes were closed until about 4:30 a.m., at which time they re-opened for traffic. The cause of the crash is still under investigation.

As a service to the residents of California our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of motor vehicle accidents that occur that may result in serious injury or traffic fatalities.

Common accidents include, but are not limited to:

single-car accidents;
accidents caused by hazardous road conditions; and
accidents caused by aggressive driving or distracted drivers.

If you have been named in this blog or if you are the victim's family member or friend and would like the blog posting removed from our website, please feel free to contact us and we will promptly accommodate your request.

Recent California Traffic Accident Statistics: Teenage Drivers

Sat, 09 Jul 2011 08:00:00 EST

Though recent California traffic accident statistics show that many types of accidents have been decreasing in frequency, California is still one of the leading states in teenage accident fatality. If you or a loved one has been involved in a car accident, speak with your San Diego accident lawyers right away to begin working on a personal injury claim.

Teenage CA Traffic Accident Statistics

In recent California traffic accident statistics it was found that there were nearly 600 fatalities involving teenagers in 2008.

Many teenage accidents are caused by risks that include:

Poor hazard detection - lack of detecting environment hazards that often comes with experience in driving,
Low risk perception - young drivers have a tendency to underestimate dangers and threats on the road.
Risk taking - teenage drivers are more commonly found driving with overconfidence in their abilities. They are more likely to speed, tailgate, run red lights, violate signals, and make illegal turns.
Seat belt neglect - many teenagers fail to wear seat belts properly.
Lack of skill - handling skills and driving knowledge that comes with time and experience.
Alcohol and drugs - driving under the influence often causes serious and fatal accidents.
Distracting passengers - fellow teenage passengers are often loud or disruptive.
Night driving - sleep deprivation and visibility factors (occasionally combined with alcohol or drug use) creates dangerous situations.

Read more about recent California traffic accident statistics and contact a San Diego accident lawyer after you've been involved in a California accident.

Take Control of Your California Injury Claim by Contacting San Diego Accident Lawyers Today!

Don't let your child become another CA traffic accident statistic, contact San Diego accident lawyers to argue your case. San Diego accident lawyer Mark C. Blane and his legal team aren't like some of the other San Diego accident lawyers you may have met with or seen ads for around town.

Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer.

Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Man Dies in San Diego Bike Accident on Hollister Boulevard

Thu, 07 Jul 2011 08:00:00 EST

July 6, 2011 - San Diego - A fatal accident involving a local San Diego cyclist and a pick-up truck occurred on the night of Sunday, June 19. San Diego police reported to the scene as the 1200 block of Hollister Boulevard. The cyclist was a 47-year-old man who was riding his bike in the San Diego streets.

Officials report that the victim was traveling northbound in the southbound lanes of Hollister Boulevard when he collided with a parked vehicle on the side of the road. The victim then fell off of his bike into the road where he was struck by a Toyota Tundra pick-up truck.

The San Diego bike accident victim died on the scene of the crash. He was not wearing a bike helmet at the time of the fatal accident. The investigation of the crash is ongoing.

San Diego does have a helmet law that requires cyclists aged 18 and younger to wear helmets while riding bikes at all times. If you are a cyclist aged 18 or younger you must adhere to San Diego helmet law. The helmet must meet regulations for safety and must be worn any time you ride a bicycle.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.

Borrego Springs Accident Claims Life of Murrieta Motorcyclist

Thu, 07 Jul 2011 08:00:00 EST

July 6, 2011, Borrego Springs, Calif. - A motorcyclist died in a collision Monday, June 27, on state Route 78, according to the San Diego Union Tribune.

The accident occurred at about 7:40 a.m. while Harold Larry Marker, 64-year-old from Murietta, was headed eastbound, about 4 miles east of San Felipe Road in Borrego Springs, according to the California Highway Patrol.

Marker's 2004 Harley-Davidson Road King crashed into a 1983 BMW when it crossed into westbound traffic while turning. According to the California Highway Patrol, the BMW, driven by a 79-year-old Borrego Springs man, was unable to avoid the accident. CHP Officer Brian Pennings, who investigated the accident, said that the motorcycle was traveling too quickly to handle the curve.

Marker sustained major traumatic head injuries in the accident. Emergency medical technicians who responded to the accident were unable to save him due to the severity of his injuries, and he was pronounced dead at the scene.

The driver of the BMW complained of back pain after the accident, but didn't go to the hospital for his injuries.

As a service to the residents of San Diego and surrounding areas, our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of motor vehicle accidents that occur in California that may result in serious injury or traffic fatalities.

Common accidents include, but are not limited to:

single-vehicle accidents;
accidents caused by hazardous road conditions; and
accidents caused by aggressive driving or distracted drivers.

Types of Injuries Sustained After Bicycle Accidents

Fri, 24 Jun 2011 08:00:00 EST

After suffering serious injuries or losing a loved one in a bicycle accident, you should consult with bicycle accident attorneys in San Diego. Even when a bicyclist wears a helmet, the injuries that can arise from a collision with a motor vehicle are still substantial.

Common Injuries Suffered in Bicycle Accidents

According to 2009 statistics from the National Highway Traffic Safety Administration, there were 99 fatalities involving cyclists in California. Because bicyclists are out in the open and don't have the protection of airbags, they're at risk for the following injuries when involved in an accident:

head trauma;
broken bones;
spinal cord injuries and paralysis;
soft tissue injuries such as a torn ligament or cartilage;
damaged limbs requiring amputation;
road rash, which can lead to serious infections; and
death.

To recover damages after injuries from a bicycle accident, you should speak with bicycle accident attorneys in San Diego who are well-versed in California auto accident law. Your attorneys will gather evidence, review police reports and interview witnesses.

Your attorneys may apply California auto law to your case to determine negligence and ensure that you don't take on any more fault than you should for your bicycle accident.

Take Control of Your California Injury Claim by Contacting Bicycle Accident Attorneys in San Diego Today!

San Diego lawyer Mark C. Blane and his legal team aren't like some of the other San Diego attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Struggling With Financial Hardships after a San Diego Car Accident

Thu, 23 Jun 2011 08:00:00 EST

A San Diego car accident can be devastating physically and financially. After being involved in any kind of San Diego car accident, you and your family may face:

transportation problems;
diminished income; and
costly medical bills.

To discuss your legal options after a car accident San Diego, you should consult with San Diego accident lawyers who have experience handling San Diego car accidents. Your lawyer will help you prepare a solid injury claim if someone else's negligence caused the car accident.

Protect Your Injury Claim after a San Diego Car Accident

While your injury claim is prepared, you can help protect your case by consulting with your San Diego accident lawyers before you speak with insurance adjusters. Always keep in mind that insurance adjusters work for insurance companies and will do everything to protect the bottom line. When speaking with an insurance adjuster:

Don't admit fault.
Don't allow your conversation to be recorded.
State only facts, such the time, date and place of your San Diego car accident.

Your San Diego accident lawyers can provide more tips on protecting your claim while seeking much-needed compensation after a car accident San Diego. Learn more about financial hardships after a car accident in San Diego.

Take Control of Your California Injury Claim by Contacting San Diego Accident Lawyers Today!

San Diego lawyer Mark C. Blane and his legal team aren't like some of the other San Diego lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Dangers of a Collapsed Roof in a San Diego Car Crash

Thu, 23 Jun 2011 08:00:00 EST

A collapsed roof can lead to serious injuries in a San Diego car crash. This vehicle defect, which is attributed to problems with the vehicle's safety cage, has led to thousands of injuries annually.

If you or someone you know has been injured in a rollover accident, you should consult with a San Diego accident lawyer. Your lawyer will explore your legal options and help determine which party or parties you may be able to hold accountable for your San Diego car crash.

SUVs and pickup trucks are more likely to be involved in rollover accidents because of their high center of gravity. In fact, these kinds of vehicles are twice as likely to be the subject of rollover accidents compared to cars. Although federal regulations have safety standards in place regarding the roof strength of vehicles that weigh less than 6,000 pounds, there are no such regulations for heavier vehicles, including many SUVs and pickup trucks.

As a result, many trucks and SUVs, which are perceived to be safer than cars, can lead to serious or fatal injuries in a San Diego car crash. If the roof collapses, safety features such as seatbelts and airbags won't work properly. Learn more about accidents involving a collapsed roof.

Take Control of Your California Injury Claim by Contacting a San Diego Accident Lawyer Today!

San Diego lawyer Mark C. Blane and his legal team aren't like some of the other San Diego lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Parties that May be Liable for San Diego Bicycle Accident Injuries

Wed, 22 Jun 2011 08:00:00 EST

If you have suffered serious San Diego injuries in a bicycle accident in which you were partially at fault, you still may be entitled to compensation in a personal injury claim. Your best bet is to have a San Diego trial lawyer review your case.

Potential Parties at Fault in a San Diego Bicycle Accident

Your lawyer will investigate your bicycle accident to determine which parties were negligent, collect evidence and interview witnesses on your behalf. Parties that could share blame for your bicycle accident and San Diego injuries include:

negligent motorists;
government agencies; and
manufacturers, if your bicycle had a design defect.

If any of these parties have contributed to your San Diego injuries, your San Diego trial lawyer will work hard to hold them accountable. You should contact a lawyer quickly, especially if a government agency is at fault for your accident because there will be tight deadlines to follow.

To protect your legal rights, hire an experienced San Diego trial lawyer who has an extensive case history to help identify all potential defendants. If you choose an inexperienced lawyer, you may miss out on much-needed compensation to which you are entitled. Learn more about seeking compensation after a bicycle accident.

Take Control of Your California Injury Claim by Contacting a San Diego Trial Lawyer Today!

San Diego lawyer Mark C. Blane and his legal team aren't like some of the other San Diego trial lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

When a San Diego Accident Involves a Commercial Truck

Wed, 22 Jun 2011 08:00:00 EST

The sheer size and weight of a commercial truck is no match for a passenger vehicle in a San Diego accident. Therefore, a truck accident in San Diego can easily lead to serious or fatal injuries.

Causes of a San Diego Truck Accident

Some of the common causes of a San Diego accident involving a truck include:

lack of inspections (cargo should be inspected before, during and after a route);
aggressive driving (tailgating, changing lanes, speeding);
cargo problems (cargo should not be imbalanced, overweight or improperly secured);
fatigue (truckers must obey laws that limit their time on the road); and
driving in bad conditions (truckers are obligated to get off the road if conditions are slippery or if visibility is reduced).

If you or a loved one has suffered a San Diego injury in a truck accident, you should speak with a San Diego accident lawyer before you speak with any insurance adjusters. Your lawyer will help determine which parties can be held accountable for your San Diego injury, including the truck driver, truck manufacturer and trucking company.

You may be entitled to compensation for current and future medical expenses, lost wages, lost earning potential, and pain and suffering. Learn more about California truck accidents.

Take Control of Your California Injury Claim by Contacting a San Diego Accident Lawyer Today!

San Diego lawyer Mark C. Blane and his legal team aren't like some of the other San Diego lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Seeking Compensation after a Bicycle Accident in San Diego

Tue, 21 Jun 2011 08:00:00 EST

A bicycle accident can lead to serious San Diego injuries, such as spinal cord trauma, broken bones and broken teeth. To preserve your legal rights, you should seek immediate medical treatment, and when you are stable, consult with a San Diego trial lawyer.

Automobile Insurance and Homeowner's Insurance

A San Diego trial lawyer is well aware of all the areas in which you can seek damages after suffering San Diego injuries in a bicycle accident. Two potential avenues of recovery are homeowner's insurance and automobile insurance.

Homeowners' insurance generally covers San Diego injuries and losses. If you began your bicycle ride from home, you may be covered under your homeowner's insurance policy.

As for automobile insurance, because a bicyclist in California has the same rights as a motorist, you are entitled to compensation from a negligent motorist's automobile insurance company.

Because bicycle laws in California can be difficult to interpret, you should allow a San Diego trial lawyer to review your case and take steps toward recovery. You may be entitled to more compensation than you are aware of after suffering serious San Diego injuries in a bicycle accident. To learn more about seeking compensation after a bicycle accident, visit our article library.

Take Control of Your California Injury Claim by Contacting a San Diego Trial Lawyer Today!

San Diego lawyer Mark C. Blane and his legal team aren't like some of the other San Diego trial lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Handling Insurance Companies after San Diego Car Accidents

Tue, 21 Jun 2011 08:00:00 EST

When you file a personal injury claim after a San Diego car accident, your San Diego accident lawyers will fight for your rights and ensure that you receive fair representation.

You may face financial hardships after a San Diego car accident, especially if you lack health insurance or are forced to take substantial time off from work. Despite your finances, an insurance adjuster may attempt to minimize or deny your claim.

A San Diego Accident Lawyer Can Help after a San Diego Car Accident

A San Diego accident lawyer, who's experienced in dealing with San Diego traffic accidents and insurance adjusters, will assist you by:

ensuring that you receive proper medical care if you have no insurance and negotiating with doctors or hospitals to delay your bills until your case is settled.
handling insurance negotiations for medical claims to ensure that you receive a settlement that'll adequately address your current and future medical needs and your pain and suffering.
handling insurance negotiations for damaged property to ensure that your vehicle is repaired or that you receive a fair replacement cost.

As you recover, you shouldn't have to worry about your finances. Learn more about financial hardships after San Diego Traffic Accidents.

Take Control of Your California Injury Claim by Contacting San Diego Accident Lawyers Today!

San Diego lawyer Mark C. Blane and his legal team aren't like some of the other San Diego lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Symptoms of Spinal Cord Injuries After San Diego Bicycle Accident

Mon, 20 Jun 2011 08:00:00 EST

Bicycle accident attorneys in San Diego can help you prepare a strong claim if you've been involved in a serious accident with a motor vehicle and suffer severe injuries, such as a spinal cord injury.

Symptoms of a Spinal Cord Injury after a Bicycle Accident in San Diego

This kind of injury, depending on its severity, could lead to the following symptoms:

loss of mobility;
loss of sensation;
loss of bladder and bowel control;
exaggerated spasms or reflexes;
changes in sexual functioning;
pain stemming from damaged nerve fibers; and
difficulty breathing.

A spinal cord injury could lead to lost earnings and medical expenses or the need for devices such as a specialized wheelchair or computer adaptations. Bicycle accident attorneys in San Diego will review your case and California auto accident law to help determine negligence.

If it is determined someone else was at fault for your accident, you may be entitled to compensation for medical expenses and lost wages. If your injuries have caused your married life to suffer, your spouse may be entitled to loss of consortium benefits.

Your priority after a bicycle accident should be to seek medical care, then contact bicycle accident attorneys in San Diego.

Take Control of Your California Injury Claim by Contacting Bicycle Accident Attorneys in San Diego Today!

San Diego lawyer Mark C. Blane and his legal team aren't like some of the other San Diego attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Injuries Sustained from San Diego Rollover Accidents

Mon, 20 Jun 2011 08:00:00 EST

One type of serious car crash in San Diego is a rollover accident. This dangerous California automobile accident causes a car to flip over on the side or roof. It could be the result of making a sharp turn while driving at a moderate speed, especially if you're driving an SUV or pickup truck

If you have been injured or lost a loved one in a car crash in San Diego, you should have a San Diego accident lawyer review your case. Through a personal injury claim, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and wrongful death.

Dangers of San Diego Rollover Accidents

It's typically the poor design and construction of a vehicle's roof that makes a rollover accident so dangerous. If the roof can't withstand the force of the California automobile accident, it will crush and lead to serious or fatal injuries.

Common injuries include:

broken bones;
traumatic brain injury;
organ damage; and
paralysis.

You should hire a lawyer who has extensive knowledge of rollover accidents and the injuries they can cause. Your lawyer will stand up to insurance companies and fight to preserve your legal rights. To learn more about accidents involving a collapsed roof, visit our article library.

Take Control of Your California Injury Claim by Contacting a San Diego Accident Lawyer Today!

San Diego lawyer Mark C. Blane and his legal team aren't like some of the other San Diego lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

2 Bicyclists Suffer Head Injuries in San Diego Accidents

Fri, 17 Jun 2011 08:00:00 EST

June 9, 2011 - San Diego, Calif. - Two bicyclists suffered serious injuries in two San Diego accidents that occurred on Friday, May 20, in Scripps Ranch and San Carlos, 10news.com has reported.

The bicycle accidents, which occurred within 30 minutes, involved a 49-year-old man and a 16-year-old boy. The 49-year-old was riding on Mission Gorge Road shortly before 7 a.m. when he crashed into a cement truck, said Frank Cali, an officer with the San Diego police.

According to Officer Cali, the truck had exited Superior Ready Mix and turned right, seconds before the collision. The cyclist had been traveling rather quickly and probably could not stop in time to avoid hitting the truck.

He sustained a head injury, fractured rib and broken ankle, but his injuries did not appear to be life-threatening.

In the other bicycle accident, the 16-year-old was riding downhill when he lost control of his bike and crashed into a light pole and then a wall on Scripps Ranch Boulevard shortly after 7 a.m. He suffered a severe head injury.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.

Reasons to Call a Bicycle Accident Law Firm in San Diego

Fri, 17 Jun 2011 08:00:00 EST

A San Diego bike accident can lead to serious injuries, prompting you to consult with a bicycle accident law firm in San Diego. Although bicyclists have the right-of-way in California, they can become victims of careless drivers.

Despite a bicyclist's right-of-way, the law of apportionment could shift liability between the injured bicyclist and the negligent driver. For example, if a bicyclist veers outside a bicycle path, a motorist still owes the cyclist a duty of care. The motorist should be prepared to take action, no matter what.

At the same time, the bicyclist should know a collision with a motorist could occur if the bike veers outside the path. Consequently, a bicyclist and a motorist could be forced to share liability in a San Diego bike accident.

Evidence will determine how much liability each party should be accountable for. You should keep your medical records, damaged bike, torn clothing and other damaged property, such as your helmet, eyeglasses and/or cell phone. Call a bicycle accident law firm in San Diego as soon as possible so additional evidence can be collected.

Your bicycle accident law firm in San Diego will help preserve your legal rights while helping you obtain all compensation you may be entitled from your bicycle accident.

Take Control of Your California Injury Claim by Contacting San Diego Accident Lawyers Today!

San Diego lawyer Mark C. Blane and his legal team aren't like some of the other San Diego lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Police Question if Alcohol Factored in Crash in San Diego That Injured 6

Thu, 16 Jun 2011 08:00:00 EST

June 9, 2011 - San Diego, Calif. - An accident in San Diego, Wednesday, May 18, injured 6 people as reported by 10News.com.

The serious accident occurred in the Tierrasanta area on Wednesday, May 18, at about 8 p.m. on Rueda Road. San Diego police reported that an 18-year-old senior at Serra High School, was behind the wheel of a Volkswagen Jetta that collided with an SUV. Three people in the SUV were transported to a hospital: the 35-year-old driver, the driver's 33-year-old wife; and a 4-year-old.

The Jetta rolled over multiple times, leaving the 18-year-old driver and her two passengers injured. They were all transported to hospitals. The 18-year-old female Jetta passenger was diagnosed with a skull fracture. The other Jetta passenger,19, hadn't been identified.

According to eyewitnesses, the vehicles crashed head-on and the Volkswagen rolled over 4 times. A utility box was damaged during the accident, which happened not far from the young driver's residence in Tierrasanta.

Although police are not calling the accident a DUI case, investigators found beer cans near the Volkswagen.10News has reported that the driver hasn't been placed under arrest. Police are awaiting toxicology results.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.

Family of toddler who fell to his death at LA Lakers game sues Staples Center

Thu, 16 Jun 2011 08:00:00 EST

Child California Wrongful Death Lawsuit (legal action): According to the Southern California newspaper, the Los Angeles Times, a child injury lawsuit alleging unsafe conditions at the Los Angeles Staples Center was filed Tuesday, May 24, 2011 on behalf of the family of 2-year-old Lucas Tang, who fell to his death from a skybox during a Lakers game in November 2010.

The injury lawsuit, which was filed in Los Angeles Superior Court, alleges wrongful death and negligence (a violation of the standard of due care owed to the toddler), saying Anschutz Entertainment Group and L.A. Arena Co. did not properly warn LA Lakers’ fans about the "dangerous" design of the luxury boxes located inside Staples Center. It seeks an unspecified (dollar amount – according to proof) damages, as well as an injunction that would require the installation of taller barriers in front of the boxes.  An injunction is a court order telling another party or entity to “do something.” Here, to make the boxes “more safe.” Here is a quote from the LA Times taken from the plaintiff lawyer for the dead toddler:

“Beyond providing some measure of compensation to the grieving family, the purpose of this lawsuit is to compel Staples Center to prevent similar accidents from happening again, even if installing basic safety features reduces the maximum price it can charge for tickets,” plaintiffs attorney Scott Wellman said.

Toddler Tang fell from a third-level luxury box, dropping 30 to 50 feet, minutes after the conclusion of the Lakers' game against Golden State on Nov. 20, 2011, and as a direct result, he suffered massive head injuries and, sadly, died at a local hospital.

Although an autopsy determined the death was a complete accident, the lawsuit contends that “in order to obtain the highest price possible for use of the luxury boxes, the Staples Center designed and maintains the luxury boxes in a dangerous condition.” This is what is alleged in the child death lawsuit filed by the plaintiff law firm. Thus, this lawsuit is considered a negligent action seeking pain and suffering damages – also known as a child wrongful death lawsuit. Damages in these types of cases, as opposed to adult wrongful death actions, can be difficult to prove at times.

Wellman said of the defendants: "They are trading dollars for safety." But with a safety barrier consisting of 16-inch-high concrete topped with glass starting at 10 inches high, Staples Center is in compliance with codes requiring guardrails to be at least 26 inches high, city officials say.

Michael Roth, vice president of communications for AEG (one of the defendants in the underlying legal action), did not comment because he said he hadn't seen the lawsuit when asked to comment. I wish the family well and would like to express my sincere condolences to them in light of everything that has happened to little Tang.

Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.

The Beeni Baby hats recalled in a Consumer Product Safety Notice

Thu, 16 Jun 2011 08:00:00 EST

Here is the latest on the Minnesota company Kahn Enterprises: They are now recalling 35 Beeni Baby hats with straps that hold a pacifier in a harness, a federal watchdog agency said. The U.S. Consumer Product Safety Commission said the hats pose a risk of asphyxiation, and they are on the forefront of gathering more facts and information for parents of babies and toddlers. Here is a direct quote from the U.S. Consumer Product Safety Commission:

"A baby can spit up during use, posing an asphyxiation hazard," the regulator said in a statement.

The hats were distributed by Kahn Enterprises of Mendota Heights, Minnesota, and sold through the Beeni Baby Web site from January 2009 through May 2011 for about $25 bucks each. So this is a fairly recent safety notice recall for kids and toddlers. Thankfully, no injuries whatsoever have been reported to any federal agency. Also, all of the baby hats were sold in sizes for infants in a variety of colors/styles. They each have two straps meant to hold a pacifier to a baby's mouth. Child product consumers were advised to stop using the hats and contact Kahn Enterprises for a full refund as soon as possible!

Consumers can call 612-310-4053 for information.

Recalls American Girl Crafts Jewelry Kit Due to Violation of Lead Paint Standard by EKSuccess Brands

Thu, 16 Jun 2011 08:00:00 EST

The famous federal watchdog agency known as the U.S. Consumer Product Safety Commission, in cooperation with the law firm named below, recently announced a voluntary recall of the following child consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. This notice should be distributed to each parent of children who could be potential consumers of this specific product.

Name of product/brand: American Girl Crafts™ Pearly Beads & Ribbon Bracelets kit

Units sold in U.S.: About 75,000

Name of the Distributor: EKSuccess Brands, a division of Wilton Brands Inc., of Woodbridge, Ill.

Specific Safety Hazard: The surface coating on some of the beads contains excessive levels of lead, which is prohibited under federal law.

Incidents/Injuries reported by child consumers: None reported.

Description of this specific Recall Notice: This recall involves the Pearly Beads & Ribbon Bracelets kit distributed under the American Girl Crafts name with a SKU number of 30-585331. The SKU number is located on the back of the package in the lower right corner. The kit contains 56 pieces. The beads in the jewelry kit are pink, blue, orange and white. Some pink beads have darker pink butterflies imprinted on them. The ribbons in the kit are orange, red, blue and purple.  Sold at: Michaels Stores and other retailers nationwide from September 2009 through June 2011 for about $8.

Manufactured in: China

Notice of the Remedy: Consumers should immediately take the recalled kits and any finished bracelets made from the kits away from children and contact the company for a full refund.

Consumer Contact: For additional information, contact EKSuccess Brands toll-free at (855) 535-2099 between 8 a.m. and 4:30 p.m. CT Monday through Thursday and between 8 a.m. and 2 p.m. CT on Fridays or visit the firm's website at www.eksuccessbrands.com.

CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting: https://www.cpsc.gov/cgibin/incident.aspx

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772, teletypewriter at (800) 638-8270, or visit www.cpsc.gov/talk.html. Consumers can obtain this press release and recall information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.

CPSC Recall Hotline: (800) 638-2772

CPSC Media Contact: (301) 504-7908

SOURCE U.S. Consumer Product Safety Commission

Target Expands Recall of Child Booster Seats Following Additional Reports of Injury Falls

Thu, 16 Jun 2011 08:00:00 EST

The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of child consumer product: Circo Child Booster Seats

Units: About 375,000 (43,000 additional booster seats were recalled in August 2009)

Importer of the booster seats: Target, of Minneapolis, Minn.

Reported Hazard: The booster seat's restraint buckle can open unexpectedly, allowing a child to fall from the chair and be injured.

Incidents/Injuries: Target has received 10 additional reports of booster seat buckles opening unexpectedly, including three reports of bumps and/or bruises when a child fell forward out of the booster seat, hitting an object or the floor. These are all the reported child injuries to date.

Description of product: The expanded recall involves all Circo Booster Seats, including those sold as early as 2005. The plastic booster seats are blue with green trim and a white plastic restraint buckle. They attach to an adult chair to boost a child to a table. "Circo" and "Booster Seat" can be found on a green label located in the front of the booster seat.

Sold exclusively at: Target stores nationwide from January 2005 through June 2009 for about $13 bucks each.

Manufactured in: Mainland China

Notice of Remedy: Consumers should immediately stop using the recalled booster seats and return them to any Target store for a full refund.

Consumer Contact: For additional information, contact Target at (800) 440-0680 between 7 a.m. and 6 p.m. CT Monday through Friday, or visit the firm's website at www.target.com.

Photo available at http://www.cpsc.gov/cpscpub/prerel/prhtml11/11248.html

Firm's Recall Hotline: (800) 440-0680 CPSC Recall Hotline: (800) 638-2772 CPSC Media Contact: (301) 504-7908

SOURCE U.S. Consumer Product Safety Commission

Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.

Head-On Collision in San Diego Area Injures Driver and Border Patrol Agent

Wed, 15 Jun 2011 08:00:00 EST

June 10, 2011 - San Diego, Calif. - In a head-on collision in the San Diego area that occurred on Wednesday, May 18, a motorist suffered serious injuries, SignOnSanDiego.com has reported.

That accident, which involved a Border Patrol car, happened on a rain-slicked Dulzura highway. Within hours, another crash occurred in the same area, causing injuries to a child, according to California Highway Patrol.

In the accident, the agent of the Border Patrol car swerved into traffic on Route 94 around 6:30 a.m. CHP did not release the agent's name. The patrol car hit a Nissan Altima, which was driven by a 43-year-old man from Tecate, Mexico.

California Fire firefighters were called to the scene to free the victim from the wreckage. He suffered serious injuries in the car accident. The agent, a 27-year-old, sustained minor injuries. Both were transported to a hospital.

Route 94 east was shut down for more than 2 hours at Honey Springs Road while authorities investigated the accident.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.

Car Crash in Clairemont Kills Man, Injures Passenger

Tue, 14 Jun 2011 08:00:00 EST

June 10, 2011 - San Diego, Calif. - A 25-year-old man was thrown from his car and killed when he lost control of the speeding vehicle in a car crash in Clairemont on the night of Friday, May 20, according to San Diego police.

The news website, SignOnSanDiego.com, reported that the man, who had not been identified, was westbound in Balboa Avenue's 4300 block. He lost control at a curve and his vehicle flipped.

Police said he had not been wearing a seat belt, and that alcohol contributed to the accident, which occurred sometime before 11:30 p.m. A passenger in the vehicle suffered minor injuries.

If you have suffered serious injuries in a traffic accident that was caused by someone else's negligence, you should discuss your legal rights with a San Diego accident lawyer. You might be able to file a personal injury claim to seek compensation for your medical expenses, lost wages and pain and suffering.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.

Police Officer Among 3 Injured in Car Crashes in San Diego

Mon, 13 Jun 2011 08:00:00 EST

June 10, 2011 - San Diego, Calif. - A police officer was one of those injured in a series of car crashes in San Diego. The accident occurred in the morning on Thursday, May 19, in University City as the officer was responding to a crash that involved injuries, SignOnSanDiego.com has reported.

In the first car crash, which occurred shortly before 8 a.m., a 67-year-old woman, was driving on Governor Drive when she lost control of her sedan. Her car veered to the right, went on the sidewalk and hit an electric utility box at about 40 mph, spinning her car across the road. The impact left the woman unconscious.

The police officer who was responding to the accident had her siren blaring and lights flashing. Eyewitnesses said the officer slowed to 5 or 10 mph when driving through an intersection.; however, a Ford Focus struck her patrol car on the right.

Witnesses told police that the Ford may have been traveling at 30 mph at the time of the accident. The police officer and the driver of the Ford were transported to a hospital by ambulance.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.

Work Place Slip & Falls by San Diego Premise Liability Lawyer Mark Blane

Mon, 13 Jun 2011 08:00:00 EST

Except for residence falls, the workplace is the most common location for slip and fall accidents. However, workplace slip and fall accidents are rarely litigated because of California workers’ compensation protection laws under the California labor code. However, workplace accidents are sometimes caused by third parties not connected with the employer, so your lawyer should not overlook the possibility of a lawsuit against this third party simply because you have a workers’s compensation claim open.

So, if you sustained a slip and fall in your San Diego California work place you should seek an immediate consult with an experienced lawyer to see if your claim is only limited to California workers compensation under the California exclusive remedy rule. If not, you could possibly have a third party case to pursue as well; that is, against someone or some entity not connected entirely with your employer. Remember, your work comp claim and the third party claim will be tied together by your medical bills – that is, when you settle your personal injury case you will have to pay back work comp what they paid out in your medical care.

Mark C. Blane is a San Diego Slip and Fall Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Premise Liability Law Firm devoted to representing families of injured persons of slip and fall or premise liability accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The ULTIMATE California Slip & Fall Injury Legal Survival Guide, and don't forget about his eight (8) other publications that might fit your need. The books are extremely information and they are full of helpful information, insights, and secrets that will help you protect your legal rights. They normally sell for around $16.95; however, it is free to all California residents, or those injured in a California accident! Take advantage of free legal information to help you make an informed decision on your specific slip and fall injury case!

San Diego Slip & Falls at Construction Sites by Attorney Mark C. Blane

Mon, 13 Jun 2011 08:00:00 EST

Slip & falls at construction sites account for more than 68,000.00 injury claims each year and at least 100 of them are fatalities. These accidents may involve workmen on the job site or may involve non-employees at or near the construction site. The ultimate control of the job site usually goes to the responsibility of the general or prime contractor. The general or prime contractor has a non-delegable (not transferable) duty to maintain a safe working site. If you or a loved is injured while on a job or construction site, you should contact an experienced slip and fall lawyer immediately. Remember, California work comp may play a role in these injuries if you were injured at the time you were doing something within the course and scope of your employment. Thus, you potentially would have two types of claims to pursue – California work comp and the third party that caused your slip or trip and fall injuries!

My Legal Disclaimer on my California Drunk Driving Book for Accident Victims!

Mon, 13 Jun 2011 08:00:00 EST

I wrote my FREE book for California drunk driving accident victims. The following represents my disclaimer on the information I present: The information presented in this book should not be construed as legal advice on your given drunk driving injury case or your specific legal issue. The suggestions, descriptions of the law and legal process, and the warnings or the like that I provide in this book are not a substitute for consulting with or hiring an attorney. Please also remember that this book does not, in any way, infer an attorney-client relationship between my law office and you, the reader, and I cannot give you legal advice unless and until you hire me, and I have agreed in writing to accept your specific case (as required under California State Attorney ethics rules).

Many cases involving the different types of injuries persons sustain are complex and may involve an entire assortment of legal issues where the outcomes are strongly influenced by the unique facts of the individual case. For those readers who would like to consult with Attorney Mark C. Blane, Esq. directly, his contact information is provided at the end of this book.

The San Diego California Drunk Driving & Accident Law Firm headed by trial lawyer Mark C. Blane that offers FREE Legal Help Books to anyone BEFORE they speak to a Lawyer, Claims Adjuster, or have to sign any Legal Forms; if you were a victim involved in a drunk driving accident you need to know your legal rights and how to be compensated! You need to know about the California Victim's Compensation Fund and see if you qualify or if your legal case needs to look at it all - the bottom line is you have questions and we have a FREE Legal Help book for California Drunk Driving Victims full of information for you! Drunk driving accidents are a preventable thing but you have additional rights available to you as a drunk driving victim including punitive damages, and the legal right to be notified and at all criminal court hearings, if you choose to be present, of the drunk driver so you can be sure they get punished on the criminal side - our law firm will handle the civil side for you. Let me show you how I track the criminal courts to use that as evidence on your personal injury case known as the "civil side" of your case!

Attorneys Fees on a Successful ERISA Motion on Health Plan | San Diego, CA

Sat, 11 Jun 2011 08:00:00 EST

ATTORNEYS FEE ISSUES WITH AN ATTORNEY NEGOTIATING DOWN A PERSONAL INJURY CLIENTS' HEALTH PLAN WHICH IS PROTECTED BY ERISA

You should also be aware that the federal law of ERISA provides for the potential award of attorneys fees to a prevailing party. In Carpenters Health v. Vonderharr, 384 F.3d 667 (9th Cir. 2004, cert. denied 126 S. Ct. 729 (2005), the Ninth Circuit ruled that an ERISA beneficiary prevailing in an action for reimbursement brought by the plan was entitled to the “special circumstances” presumption in favor of an award of fees. In fact, the Vonderharr court reversed the district court’s decision denying attorneys fees to the Vonderharrs. The Ninth Circuit then awarded fees to the Vonderharrs’ counsel on the appeal. If you read the 9th Circuit’s unpublished opinion in Great West v. Knudson (affirmed by Supreme Court at 534 U.S. 204 (2002), you will note that the court affirmed an award of $80,000 to the prevailing plan member just for fees in the trial court. In Providence Health Plan v. Bush, supra, the district court awarded attorneys fees of $48,000 for bringing the 12(b)(6) motion to dismiss which was granted on the basis of the make whole rule. Notably, an ERISA plan is entitled to no presumption in favor of fees even where it prevails and since the ability to pay is one element of the five Hummell v. Rykoff factors, they are rarely awarded to a plan. Aa a result, you could argue to the ERISA protected health plan, "were litigation to result in the instant case, it is likely that the Xs would be the prevailing parties on either the Vonderharr issue requiring wrongful conduct or the Sereboff title argument, drastically reducing the plan’s claim. In either event, the Xs would be entitled to their full attorneys fees under the special circumstances presumption."

Request for Humanitarian Waiver On Top of ERISA Attorneys' Fees Arguments

In addition to attorneys fees, you could argue the following request for your injured clients as follows: "Given the likelihood of a complete defense under the Ninth Circuit’s Vonderharr rule, and the minimal size of the plan’s claim after applying the Sereboff title requirement, we respectfully request that the plan waive its claim because of the severe degree of under-compensation of Ms. X. It would be pointless for the plan to engage in litigation in the hopes of recovering $X amount. We would appreciate your written response within 20 days of this letter."

Mark C. Blane is a San Diego Personal Injury Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Firm dedicated to representing families of people injured in personal injury accidents including car accidents, slip and falls, dog bites, product defects, and the like. If you or a loved one has been killed or injured in an accident in San Diego, or Southern California, due to the negligence of another, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in an California accident.

How San Diego Law Applies to Dangerous Pedestrian Accidents

Fri, 10 Jun 2011 08:00:00 EST

According to San Diego law, you have the right of way as a pedestrian. This means motorists owe you a duty of care when sharing the roads. It doesn't matter if you are walking outside of a crosswalk.

If you or a loved one has been struck by a motorist in San Diego, you should speak with a San Diego pedestrian accident attorney. Through a personal injury claim, you may be able to seek compensation for your medical expenses.

The average motorist should be aware that jaywalking is not a rare occurrence, and the average pedestrian should know motorists are not always looking out for jaywalkers. Therefore, San Diego law will allow a pedestrian and motorist to share liability in a pedestrian accident.

To protect your claim, you should have documentation of your injuries, which is why you should seek medical treatment immediately after the pedestrian accident. A San Diego pedestrian accident attorney will help obtain your medical records and additional evidence to prove the severity of your injuries.

Other evidence that may help your claim includes:

photographs of visible injuries;
photographs of the accident scene;
witness statements;
damaged clothing; and
police reports.

In an effort to maximize the value of your claim, your pedestrian accident attorney will advocate you do not take on more liability than you should. To learn more about pedestrian accidents, please visit our article library.

Take Control of Your California Injury Claim by Contacting California Pedestrian Accident Attorneys Today!

San Diego attorney Mark C. Blane and his legal team aren't like some of the other San Diego pedestrian accident attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 1-888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Preserving Evidence after Brake Failure Causes a California Automobile Accident

Thu, 09 Jun 2011 08:00:00 EST

As long you stay up to date with your vehicle's maintenance, you probably haven't even thought about how brake failure could cause a California automobile accident, but you should. Brakes can fail for many reasons, such as hardened shoes and hot spots that resist friction.

Preserving Evidence of Brake Failure

If you or a loved one has suffered serious injuries in a car crash in San Diego that you think was the result of brake failure, you should speak with a San Diego accident lawyer as soon as possible. To preserve evidence, you should:

gather records of your vehicle's maintenance;
do not allow your old brakes or vehicle to be shipped off to a junk yard;
take photographs of property damage; and
take photographs of any skid marks.

Your brakes are supposed to provide peace of mind and safety. When they fail through no fault of your own and cause a car crash in San Diego, you should explore your legal options. Your accident lawyer will help you determine negligence and fight for compensation.

You might be able to recover damages for current and future medical expenses, physical and emotional pain and suffering, lost wages and an altered quality of life. If brake failure caused the death of a loved one in a California automobile accident, you may be entitled to wrongful death benefits. To learn more about brake failure, please visit our article library.

Take Control of Your California Injury Claim by Contacting San Diego Accident Lawyers Today!

San Diego lawyer Mark C. Blane and his legal team aren't like some of the other San Diego lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Placing a Value on Your San Diego Accident Claim

Wed, 08 Jun 2011 08:00:00 EST

After suffering serious injuries in a car accident in San Diego, you should consult with a San Diego accident attorney to get an estimate of the value of your claim. However, you should not expect an estimate during your initial meeting with an attorney.

Criteria for Placing a Value on a San Diego Accident Claim

Your attorney will need to review the circumstances of your car accident in San Diego before placing a value on your claim. Determining the value of your claim can be a very detailed and complex process. Insurance companies, for instance, will use the following criteria when placing a value on a claim:

documentation of your injuries;
your treatment;
the intensity and duration of medical care;
medical professionals you have seen;
your age, weight and height;
lost wages;
out-of-pocket incidental expenses;
whether your quality of life has been altered;
damage to your vehicle; and
whether you have suffered any permanent impairments.

In addition to the above criteria, your accident attorney will consider whether you have suffered emotional distress and whether your earning potential has been diminished.
To preserve your case, you should seek medical treatment immediately after the automobile accident and speak with an attorney as quickly as possible. Your attorney will work hard to help you seek all compensation to which you may be entitled. To more learn more about San Diego accident claims, please visit out article library.

Take Control of Your California Injury Claim by Contacting an Accident Attorney Today!

San Diego attorney Mark C. Blane and his legal team aren't like some of the other San Diego attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

How Brakes Can Fail and Cause a California Automobile Accident

Tue, 07 Jun 2011 08:00:00 EST

If faulty brakes are to blame for a California automobile accident, you might be eligible to file a San Diego accident claim. Even when brakes are properly maintained, they can still fail and cause serious injuries and property damage.

Since it can be very difficult to prove that brake failure may have contributed to your car crash in San Diego, you would benefit by having San Diego accident lawyers and their experts collect and analyze evidence to prove your case.

When Brake Failure Causes a California Automobile Accident

Brakes can fail for a number of reasons, including:

brake shoes or pads harden and become less effective at stopping the brake drum;
oil or grease saturates the brakes;
power brake booster loses power; and/or
hot spots develop, causing a loss of friction, which is necessary for brakes to properly work.

You rely on your brakes to protect yourself and your family, so when they fail through no fault of your own and cause a car crash in San Diego, you may be entitled to compensation in an accident claim. To help your case, you should make sure that your vehicle and brakes are preserved so they can be presented as evidence. To learn more about brake failure, please visit our article library.

Take Control of Your California Injury Claim by Contacting an Accident Lawyer Today!

San Diego lawyer Mark C. Blane and his legal team aren't like some of the other injury lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Medical Care and Your San Diego Accident Claim

Mon, 06 Jun 2011 08:00:00 EST

Your medical treatment after a car accident in San Diego will play a huge factor in the value of your San Diego accident claim. Therefore, you should always seek medical treatment after a serious accident, even if you think your injuries are minor. Some injuries will take days or even a week to flare up, and if you delay treatment, you may cast doubt on your injuries.

After you seek medical treatment, you should meet with a San Diego accident lawyer. A lawyer will help you level the playing field with insurance companies in an effort to obtain all compensation you need and deserve. You should also do the following to preserve your accident claim:

follow all of your doctor's orders;
keep all of your medical appointments;
keep a daily journal of how your condition is progressing or declining; and
hold onto all receipts for medical expenses.

You may be entitled to compensation for medical expenses, lost earnings and an altered quality of life after your car accident in San Diego. Your lawyer will review the facts of your case, explain your legal options, and fight for your rights while you focus on your recovery. To more learn more about San Diego accident claims, please visit our article library.

Take Control of Your California Injury Claim by Contacting an Accident Lawyer Today!

San Diego lawyer Mark C. Blane and his legal team aren't like some of the other San Diego lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

After a Bicycle Accident: Gathering Evidence for your San Diego Attorney

Fri, 27 May 2011 08:00:00 EST

After you or a loved one has been involved in a bicycle accident in San Diego, you should first get immediate medical help and then consult with a San Diego attorney. A car or other motor vehicle is no match for a bicycle. You can benefit by having San Diego bicycle accident lawyers review your case.

If it can be determined that a motorist's negligence caused the accident, you may be entitled to compensation for medical expenses. Even if the motor vehicle that caused the bicycle accident was traveling at a slow speed, serious injuries can result.

Immediately After a Bicycle Accident

Although you may feel as if your injuries are minor, your main priority should be emergency treatment. Then, you should enlist the help of a friend or bystander to gather as much evidence as possible. Your San Diego attorney will need:

pictures of any visible injuries;
pictures of the accident scene;
a medical report containing the details of your accident;
the responding police officer's jurisdiction so you can get a copy of the police report;
your own report of what happened, while your memory is still fresh;
your damaged bicycle and clothing; and
contact information and statements from witnesses.

Your bike accident attorneys will go over the evidence to determine who was negligent and, if appropriate, help you take the necessary steps to recover damages. To learn more about bicycle accidents in San Diego, visit our article library.

Take Control of Your California Injury Claim by Contacting San Diego Bicycle Accident Lawyers Today!

San Diego attorney Mark C. Blane and his legal team aren't like some of the other San Diego attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Seek Immediate Medical Care to Help Your San Diego Injury Lawyer Build a Solid Case

Thu, 26 May 2011 08:00:00 EST

After you have suffered serious injuries in a car crash in San Diego, you should seek immediate medical care and then contact a San Diego injury lawyer. If you don't seek immediate medical care, you may give the impression that you are not really injured or concerned about your health.

Even if you think your injuries are minor, you should still get checked out by a doctor after a car crash. A seemingly minor injury could flare up in hours or days, and without treatment, your condition could worsen. Additionally, your injury lawyer will need documentation of injuries in order to file a successful personal injury claim on your behalf.

Protect Your Personal Injury Claim

Insurance companies will look for gaps in your medical treatment or missed appointments to deny or minimize your claim. Insurers will also use sophisticated software to analyze your claim. You can do the following to help protect your case:

report all symptoms and any changes in your condition to your doctor;
keep all doctor, physical therapy, and psychological appointments;
do not discuss your injuries with insurance adjusters; and
follow all of your doctor's orders.

Your personal injury lawyer will handle negotiations with insurance companies and help you seek the most out of your personal injury claim. To learn more about car crashes in San Diego, please visit our article library.

Take Control of Your California Injury Claim by Contacting a San Diego Injury Lawyer Today!

California injury lawyer Mark C. Blane and his legal team aren't like some of the other injury lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Steps to Take After a Terrible Pedestrian Accident in Southern California

Wed, 25 May 2011 08:00:00 EST

When you witness a serious pedestrian accident in Southern California, you should call 911. If you are the victim and you are conscious, you should wait for police to arrive and seek medical treatment immediately. You should also explain the details of the accident to your doctor to ensure your medical report reflects the pedestrian accident.

If you have a cell phone with you, take pictures of the accident scene from different angles, damaged vehicles, and your injuries if you are capable. If you are not capable, ask a witness to take photographs. Photographs will serve as powerful evidence of your pedestrian accident in Southern California.

After you seek medical care, you should speak with a CA personal injury lawyer to discuss filing an injury claim.

It also helps to gather the following evidence for your case:

police report;
your written report of what happened;
damaged clothing and other belongings; and
contact information for drivers and witnesses.

Your CA personal injury lawyer will study the evidence to determine who was at fault and should be held accountable for your injuries. You may be entitled to compensation for medical expenses, the accident's effect on your daily life, and lost income. To learn more about pedestrian accidents, please visit our article library.

Take Control of Your California Injury Claim by Contacting a San Diego Accident Lawyer Today!

San Diego accident lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 1-888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

How Chula Vista Lawyers will Place a Value on Your Automobile Accident Claim

Tue, 24 May 2011 08:00:00 EST

When Chula Vista lawyers review evidence and documents related to your Southern California automobile accident, they will have an idea of how much compensation insurance companies may be willing to pay out to settle your claim.

How Insurance Companies Value a Claim

Injury lawyers will consider the same factors that insurance companies will pay close attention to:

medical descriptions of your injuries;
specific medical treatment tailored to your injuries;
the intensity, duration and frequency of your medical care;
the credentials of your medical team and whether any specialists administered treatment;
your age and body mass index and their impact on your recovery;
special damages, which include lost wages, incidental expenses that you paid out of pocket, credit damages, and transportation to and from your doctor's appointments;
how the Southern California automobile accident has affected your quality of life;
damage to your vehicle; and
any physical impairments to any particular body parts.

All of the above factors and others will be reviewed until a settlement can be hammered out. To maximize the value of your claim, you should acquire the assistance of injury lawyers. Your lawyers will help gather pertinent evidence to prove the extent of your injuries and help you pursue all compensation to which you are entitled. To learn more about evaluating a personal injury claim, please visit our article library.

Take Control of Your California Injury Claim by Contacting Chula Vista Injury Lawyers Today!

California injury lawyer Mark C. Blane and his legal team aren't like some of the other personal injury lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of Chula Vista injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

A San Diego Injury Lawyer Can Help if you were Partially at Fault for a Car Crash

Mon, 23 May 2011 08:00:00 EST

Since California follows a comparative negligence system, you can be partially at fault for a car crash in San Diego and still be entitled to compensation for your injuries. However, your degree of fault will reduce the compensation you're awarded.

For example, if you're awarded $10,000 and found to be 25% at fault for the accident, your award will be reduced by 25% to $7,500. Your best bet is to consult with a San Diego injury lawyer after a car crash in San Diego. Your attorney will advocate that you don't take on more blame than necessary for the accident and help you maximize the amount of compensation you can obtain.

Basic Elements of Negligence

When your San Diego injury lawyer reviews your case, he/she will scope out the basic elements of negligence:

duty - the negligent driver owed you a duty of care.
breach of duty - the negligent driver breached their duty.
causation - the negligent driver's actions or inactions led to your injuries.
damages - you've suffered injuries as a direct result of the accident.

In a car crash, for example, if a driver hit you because he/she ran a red light while you were making a left turn your lawyer may argue that the speeding driver was more negligent and more at fault for the accident than you were.

If you think you were partially at fault in a car crash, you should consult with an injury lawyer. To learn more about car crashes in San Diego, please visit our article library.

Take Control of Your California Injury Claim by Contacting a San Diego Injury Lawyer Today!

California injury lawyer Mark C. Blane and his legal team aren't like some of the other injury lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Helping Your Chula Vista Lawyers Build a Solid Personal Injury Claim

Fri, 20 May 2011 08:00:00 EST

If you want to get the most out of your personal injury claim you should consult with Chula Vista lawyers after suffering serious injuries in a Southern California automobile crash. Your lawyers can help you build a solid case, as long as someone else's negligence caused the accident.

To help your Chula Vista lawyers, you will need to be completely honest with them and your doctors. By all means, do not exaggerate your injuries or blame the Southern California automobile crash for a pre-existing condition. If the lawyers for the insurance companies determine that you are not being honest about your injuries, your case will be damaged.

Explain all facts, good and bad, to your team of lawyers, and keep in mind that you will be protected by lawyer-client privilege. Your experienced lawyers will be able to present all facts in the best light possible.

You will also need to follow your doctor's advice and don't miss any appointments, otherwise you may be accused of not taking your injuries seriously. All of your injuries and treatment will need to be documented and presented as evidence.

Your lawyers will keep your best interests in mind while fighting to protect your legal rights and help you pursue the compensation you deserve after a Southern California automobile crash. To learn more about evaluating a personal injury claim, please visit our article library.

Take Control of Your California Injury Claim by Contacting Chula Vista Lawyers Today!

California lawyer Mark C. Blane and his legal team aren't like some of the other injury lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of Chula Vista injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Uninsured Motorist Coverage After a California Car Accident

Thu, 19 May 2011 08:00:00 EST

If you carry the minimal amount of uninsured motorist coverage, you should consider increasing your coverage. If a negligent driver causes a California car accident that results in you suffering bodily injury in excess of the minimal $15,000 uninsured motorist coverage limit, you will have a few unappealing options.

You would have to either settle on the $15,000 limit or file a lawsuit against the negligent uninsured driver. However, since the negligent driver lacks insurance, you would stand a slim chance of recovering anything in a lawsuit.

Additionally, if you had passengers in your car during the California car accident, your minimal uninsured motorist coverage would pay only $30,000 for everyone. You would face a major problem, considering the cost of healthcare these days.

The solution is to increase your uninsured motorist coverage before you are involved in an accident. If you have already been in a California car accident, you probably understand this dilemma from first-hand experience. The cost of uninsured coverage is relatively minimal, considering the benefits. If you bundle your policies with the same insurer, you may even be eligible for a discount.

You owe it to yourself and your loved ones to have adequate protection in the event you clash with one of the many uninsured drivers on California roads. To learn more about uninsured motorist coverage, please visit our article library.

Take Control of Your California Car Accident Claim by Contacting a San Diego Accident Lawyer Today!

San Diego accident lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 1-888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Chula Vista Attorney Warns Against Personal Injury Defenses After Your Accident

Wed, 18 May 2011 08:00:00 EST

If you are not completely honest with your Chula Vista attorney, the insurance companies will use your dishonesty as a personal injury defense. You should always keep in mind that insurance companies are in the business of making money and will do everything in their power to hold onto it.

If you haven't told your Chula Vista attorney about any past medical conditions, for example, the insurance company will find out and make the assumption your injuries may be several years old. To counter this personal injury defense, you should keep medical records explaining the details of past medical issues as well as your current medical issues.

In the event that your past medical condition was aggravated by the accident, you should have proof from your doctor. An experienced Chula Vista attorney can help you gather this evidence.

It's important you speak with your lawyer before you speak with any insurance company representatives. Your lawyer might ask some very personal, invasive questions and you need to be truthful. Any contradictory statements could be the basis for an insurer's personal injury defense.

Your personal injury lawyer will help you prepare a solid case to pursue the compensation you deserve after a California accident. Please visit our article library to learn more about how insurance companies will attempt to harm your claim.

Take Control of Your California Injury Claim by Contacting a Chula Vista Attorney Today!

Accident lawyer, Mark C. Blane, and his legal team aren't like some of the other injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients, even those whose cases we don't take, so that you not only understand the legal process ahead of you but the basics of California injury law and your legal rights.

You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer.

Contact us today to schedule your appointment - 1-888-845-6269 or 619-813-7955. We are proud to serve Chula Vista's Spanish speaking population and even offer our FREE California personal injury book en Español.

Personal Injury Defenses Used by Insurance Companies After Your California Crash

Wed, 11 May 2011 08:00:00 EST

There are many personal injury defenses that insurance companies will use in attempts to minimize the value of your injury claim. One of them involves your medical care. After any serious accident you should seek medical treatment, even if you feel your injuries are minor.

Injuries that appear to be minor can flare up in hours or days. For example, a bump on the head could lead to bleeding within the brain, which could have serious or even deadly consequences. A sore knee could be a symptom of a torn ligament or damaged cartilage.

If you wait too long to seek medical care, or if you fail to maintain any medical appointments, the insurance company will use this as a personal injury defense. Since your injuries will make up the bulk of your personal injury claim, if you do anything that will allow the insurance company to cast doubt on your injuries, you could lose credibility.

If you don't keep all of your medical appointments, a jury might get the impression you weren't really injured, you don't take your health seriously, or your injuries were the result of a pre-existing condition rather than the current California accident.

Your best bet is to follow all of your doctor's orders and consult with a San Diego personal injury lawyer in for more advice on dealing with personal injury defenses used by insurance companies.

Your San Diego personal injury lawyer can also help with negotiations to help you fight for a fair settlement. To learn more about insurance companies, please visit our article library.

Take Control of Your California Injury Claim by Contacting a San Diego Personal Injury Lawyer Today!

San Diego personal injury lawyer, Mark C. Blane, and his legal team aren't like some of the other accident attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

You can get started by ordering one of our FREE California injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer.

Contact us today to schedule your appointment - 1-888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

Minimal Limit on Uninsured Motorist Coverage After a California Auto Accident

Tue, 10 May 2011 08:00:00 EST

Uninsured motorist coverage will come in handy if you are ever involved in a California auto accident caused by a negligent driver who lacks insurance. The minimal limit on uninsured motorist coverage after a California auto accident is $15,000 for you or one other individual and $30,000 aggregate, which is for two or more injured individuals.

Although drivers are required to have insurance, you face the risk of being involved in a California auto accident with an uninsured driver every time you get behind the wheel of your car in California. Having adequate uninsured motorist coverage can provide peace of mind.

If you opt for the minimal amount of uninsured motorist coverage, you could be faced with hefty out-of-pocket expenses after a California auto accident. Suppose an uninsured driver causes $40,000 worth of bodily injury, yet you have only the minimal $15,000 coverage. You would be responsible for the additional $25,000 in medical expenses.

It would be a good idea to review your insurance policy to ensure you have adequate coverage before you are the victim of an uninsured motorist in a California auto accident. And when the time comes that you need to use your uninsured motorist coverage, you can get the assistance of a San Diego accident lawyer to ensure your legal rights are protected. To learn more about uninsured motorist coverage, please visit our article library.

Take Control of Your California Auto Accident Claim by Contacting a San Diego Accident Lawyer Today!

San Diego accident lawyer Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 1-888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

3 Injured After Car Runs Red Light Prior to Crash in Valley Center

Sat, 07 May 2011 08:00:00 EST

May 2, 2011 - Valley Center, Calif. - In an accident that occurred on Sunday, April 25, a vehicle broadsided a Jeep and sent two young children and an adult to the hospital, according to a report at SignOnSanDiego.com. All three victims suffered serious injuries.

The website stated the car accident occurred around 2:45 p.m. on Easter Sunday. The report indicated that a woman who was driving a BMW failed to stop at a Valley Canter Road red light. She collided with the Jeep, which was northbound on Cole Grade Road.

The woman in the BMW was driving without a license, a spokesman from the California Highway Patrol said.

The young victims, boys ages 3 and 4, had been riding in the back of the Jeep. Both suffered head trauma and were transported to Rady Children's Hospital. Although the boys were restrained in child seats, they may not have been properly restrained, the CHP spokesman said. Otherwise, their injuries may not have been so severe, he said.

The third victim, a passenger in the Jeep, lost consciousness in the crash. The 60-year-old was transported to Sharp Memorial Hospital.

The drivers of each vehicle had complaints of pain, but neither was transported to a hospital after the crash in Valley Center.

The BMW driver was ticketed for a red light violation and for driving without a license.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.

Distracted Driving in San Diego County Reaching a Statistical High

Fri, 06 May 2011 08:00:00 EST

May 3, 2011 - San Diego, Calif. - Distracted drivers are plentiful in San Diego County, according to a state survey that was conducted in March.

The results of the survey indicate 9.9% of San Diego County drivers use cell phones behind the wheel, SignOnSanDiego.com has reported. At the state and national level, the average rate for cell phone use while driving is 9%.

In the wake of the survey, traffic officials campaigning against cell phone use while driving spoke out on April 20, in San Diego. The high percentage of distracted driving in San Diego is not something to be proud of, said Robert Kanaski, police assistant chief in San Diego.

To spread the message that distracted driving can lead to serious injuries or fatal accidents, April was labeled Distracted Driving Awareness Month in California. As a result, the Office of Traffic Safety and law enforcement agencies have been persuading drivers to put down their phones while driving.

Officers have been writing more tickets and giving fewer warnings to violators of California's hands-free cell phone laws. From April 1 to April 18, San Diego police issued 1,056 tickets for illegal cell phone use. Statewide, the California Highway Patrol has issued about 10,000 tickets a month for distracted driving.

Driving while distracted was listed as the cause of roughly 26,000 crashes and 116 deaths in 2009 in California, said Max Santiago, deputy commissioner of the CHP.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.

Bicyclist Suffers Serious Injuries in North Park Bike Accident

Fri, 06 May 2011 08:00:00 EST

May 2, 2011 - San Diego, Calif. - A bicyclist who was struck by a car door suffered a head injury that was life-threatening in North Park on Monday, April 24, 10news.com has reported.

The bicyclist, a 46-year-old, was knocked down around 5 p.m. while biking east on University Avenue in the 2500 block, said Dino Delimitros, a police officer in San Diego.

A 22-year-old woman had been preparing to get out of her car when the North Park bike accident occurred. She had been parked along the street, Delimitros said.

According to statistics from the National Highway Transportation Safety Administration, there were 99 bicycle and other cyclist fatalities in California in 2009. That's a decrease from 109 in both 2008 and 2007, 141 in 2006, and 115 in 2005.

Since bicyclists lack the protection of air bags, they are susceptible to serious injuries and death when involved in a car accident. If you have been the victim of a negligent driver, you should consult with a San Diego accident lawyer. You might be eligible to file a personal injury claim to seek compensation for your injuries.

You may be entitled to current and future medical expenses, lost wages, physical and emotional pain and suffering, and any incidental expenses related to your bicycle accident.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.

Fatal San Diego Accident a Mystery for Sheriff's Detectives

Fri, 06 May 2011 08:00:00 EST

May 2, 2011 - San Diego, Calif. - San Diego County Sheriff's homicide detectives have been working on a case involving a fatal accident on Coronado for more than a month.

On April 21, investigators said they are still at a loss, as explained in a report at FOX5SanDiego.com. Roy Frank, a police sergeant, even said charges may not be filed.

The fatal San Diego accident occurred on March 3 when a Ford pickup truck that was reported stolen crashed south of Hotel Del Coronado on Silver Strand after causing other fender benders that left three people injured.

Two people were inside the truck, which was being chased by police. Before the chase, a phone caller told police dispatchers the truck had been carjacked.

The driver refused to yield to police. She sideswiped a patrol car, weaved wildly through traffic and crashed into another car. The truck then flipped over and caught fire.

The suspected carjacker and driver, Jamie Guillen, was killed in the accident, and so was her passenger, Roosevelt Lewis, who was thought to have been a victim. However, Sgt. Frank is not convinced. The caller who reported the truck stolen was a friend of Lewis.

Frank said there is insufficient evidence indicating that a carjacking or kidnapping occurred. Investigations will continue into this accident.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like us to remove the posting, please contact us and we will accommodate your request.

Shooting Suspect Rams into Police Officer in Chula Vista Collision

Thu, 05 May 2011 08:00:00 EST

May 2, 2011 - Chula Vista, Calif. - A shooting outside a saloon led to a police chase, car collision and several injuries, according to a report at SignOnSanDiego.com.

The newspaper's website reported the shooting occurred in Chula Vista outside the Wild Woody's Saloon on Saturday, April 23. It was around 1:10 a.m. when gunshots were fired at the bar on Broadway and Davidson, said Jim Horst, a Chula Vista agent.

One man had been shot several times and was in critical condition. When police officers responded to reports of gunfire, the gunshot victim pointed out a white sedan, in which at least three people were fleeing.

As officers chased the sedan, the driver drove to a dead-end area. Officers attempted to block the sedan, but the suspects hit the gas and rammed into a patrol car, injuring a police officer, Horst said.

The injured officer was pinned between the driver's door, which was open, and the car frame. The officer fired at the sedan, but the suspects fled. It is unknown whether any of them were hit during or prior to the Chula Vista collision.

The getaway car was later found abandoned in a parking lot, damaged by bullet holes, according to police.

The shooting victim remained critical, and the injured officer was treated at a hospital and released. Their names were not disclosed to the public.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.

Multi-Vehicle Crash on I-805 Leaves 1 Person Injured in San Diego

Thu, 05 May 2011 08:00:00 EST

May 2, 2011 - San Diego, Calif. - Six vehicles were involved in an accident on Interstate 805 in the southeast area of San Diego, and at least one individual suffered injuries, 10News.com has reported.

The accident occurred around noon on April 23 and led to the closure of one lane of the busy freeway. The crash scene was on I-805 north before Imperial Avenue. According to officers from the California Highway Patrol, an individual driving a red sedan lost control of the vehicle, causing it to roll over.

The crash on I-805 caused five other motor vehicles to crash. In the mayhem, several cars were turned around and left facing the wrong way. A Scion that was forced onto an embankment lost a tire, one officer said.

The injured individual's condition had not been reported. One officer said traffic was severely backed up.

If you have suffered serious injuries in an accident caused by someone else's negligence, you should consult with a San Diego accident lawyer. You might be able to hold the negligent driver accountable in a California personal injury claim.

You could be entitled to compensation for your medical expenses, pain and suffering, lost wages and any incidental expenses related to your accident. Before you speak with an insurance adjuster, talk to a San Diego accident lawyer.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.

Woman Ejected from Car and Run Over in Fatal La Mesa Accident

Thu, 05 May 2011 08:00:00 EST

May 2, 2011 - La Mesa, Calif. - A single-vehicle car accident at an intersection in La Mesa on Monday, April 25, claimed the life of 92-year-old Berniece Elizabeth Mosley, 10News.com has reported.

The woman, who had resided in San Diego, was in the passenger seat of a 1998 Honda Accord driven by her husband, also 92. The car veered over into someone's yard at Broadmoor Place and Broadmoor Drive in La Mesa, police said. The accident occurred around 11:30 a.m.

Matt Nicholass, a lieutenant with La Mesa police, told Channel 10 news that the driver apparently lost control of the vehicle as it came down a hill and then ran over a lawn and whipped around.

The car then accelerated in reverse as Mosley's husband tried to back away, said Dan Willis, a police lieutenant. Next, the Honda lurched forward, veered around, and careened backward. The impact tossed Mosley from the vehicle, which ran over her.

Mosley was pronounced dead at the scene. Her husband did not suffer any injuries.

Investigators are trying to determine whether there was a mechanical problem or medical crisis that led to the fatal La Mesa accident.

Jane Goodrich, the couple's friend, told the news station that the couple had just celebrated their 70^th wedding anniversary. She was outgoing, and he was more subdued, she said.

"I can't believe it," Goodrich said of the fatal accident.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.

Alcohol May Have Played Role in Fatal Highway 78 Collision

Wed, 04 May 2011 08:00:00 EST

May 2, 2011 - Vista, Calif. - A man was killed after his car flipped over on a highway in Vista on Friday, April 22, but it wasn't the car accident that caused his death, according to a report from NBCSanDiego.com.

The man crashed into a red truck that was braking around 12:30 a.m. while headed east on Highway 78 near Civic Center Drive.

The man, along with his passengers, was traveling in the No. 2 lane at about 65 mph when his Toyota Scion clipped the truck while trying to swerve out of the way. The Scion then hit a third vehicle and flipped.

The male driver and at least one passenger exited the vehicle. The man then tried to run across the west lanes of the highway, said Chris Parent, an officer with the California Highway Patrol.

Before the man could make it across the highway, he was fatally struck by a Chevy pickup truck in the No. 3 lane. No other injuries were reported, and speed is not believed to have been a factor in any of the crashes, Parent said. Police have indicated that the deceased driver may have been under the influence of alcohol at the time of the Highway 78 collision.

After the fatal accident, all lanes of the highway had to be shut down for approximately two hours.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and would like us to remove the posting, please contact us and we will accommodate your request.

Family Cites Highway Flaw in Teen's Death in I-15 Accident

Wed, 04 May 2011 08:00:00 EST

May 2, 2011 - San Diego, Calif. - Loved ones gathered on Tuesday, April 19, to say goodbye to Junethea Centeno, 18, a Palomar college student who was killed when she ran into a concrete barrier on Interstate 15.

The North County woman's death is shedding light on what is considered to be a dangerous problem on the busy freeway, according to a report at 10news.com.

Authorities said Junethea was traveling north on I-15 in her Honda Civic on April 12 around 3 a.m. when she lost control of the vehicle.

Jon Mata, the teenager's boyfriend, went to the accident scene shortly after the crash and told 10News there were no drums, cones or reflectors to warn motorists of the concrete barrier.

Junethea's father, June Centeno, a Navy corpsman, was en route to California from Japan for a visit, unaware that his daughter had been killed. He was told about the fatal I-15 accident at the airport.

He said he believes his daughter would be alive today if the construction site had been set up differently.

The California Department of Transportation has not commented on the fatal accident. An investigation by the California Highway Patrol is ongoing.

Authorities do not believe alcohol was a factor in the crash. Junethea was estimated to be traveling at up to 75 mph.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.

Man Accused in Fatal Hit and Run in Chula Vista Ordered to Stand Trail

Wed, 04 May 2011 08:00:00 EST

May 2, 2011 - Chula Vista, Calif. - A man accused of killing a pedestrian on December 25 in a hit and run in Chula Vista has been ordered to stand trial, according to a report at 10news.com.

The victim, a 54-year-old homeless woman known as Robin O'Quinn and Robin O'Quinn Fortson, was attempting to cross a street in Chula Vista on Christmas Day when 23-year-old Angel Rodrigo Gutierrez struck her. The accident occurred around 8:30 p.m. in the 1200 block of Third Avenue, Chula Vista police said.

After a hearing on April 18, Francis Devaney, a South Bay judge, ruled that Gutierrez will be tried for gross vehicular manslaughter while intoxicated and leaving the scene. If convicted, he will face nearly 10 years in prison.

Gutierrez also faces charges of driving under the influence causing great bodily injury, said Cally Bright, deputy district attorney.

At the April 18 hearing, testimony revealed that Gutierrez had drunk approximately 10 beers before the accident, according to Bright. Officers arrested him on December 26 shortly after 2:30 a.m. His blood alcohol level was .29, which is far above the legal limit of .08, Bright said.

It is unknown what Gutierrez did between the time of the serious accident and his arrest. Police found a Pontiac after a witness gave them a partial license plate number, and Gutierrez was then taken into custody. His next court date is May 3, when he will be arraigned.

Negligent actions such as driving under the influence can lead to death and serious injuries. If you or a loved one has been the victim of another driver's negligence, you should consult with a San Diego accident lawyer.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 3,081 traffic fatalities in California in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in San Diego and elsewhere in our region.

Some of the most common types of motor vehicle accidents include:

single-vehicle crashes;
crashes involving speeding;
crashes involving large trucks; and
rollover accidents.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.

Medical Bills | What To Know in a California Child Injury Settlement

Sun, 17 Apr 2011 08:00:00 EST

Medical Bills (Government and Private) on a California Minor Child Injury Case

As we have seen in prior postings on this website, the power of the court to approve a minor child’s settlement is mandatory and final to legally enforce the settlement of a minor child injury case, but the power of the court to reduce medical bills is quite limited. The court may determine what should be paid out of the minor child’s settlement, but if it is a private medical bill, and a dispute arises between the medical provider and the child’s parents, or guardian ad litem, then those disputes should be resolved under a separate lawsuit; this also includes attorney fee disputes, which should be resolved by a fee arbitration.

However, with government medical bills, there are special California statutory protections in place. For example, a California county may have a medical lien for the reasonable value of medical care furnished to an injured person or an injured child. At the same time, a California state department or county agency that furnished or supplied medical treatment services under the California Services Program has a subrogation right (legal interest) against any settlement relating to the medical condition for which the medical services were (or will be) supplied. Most of the relevant California statutes researched all specify that the county or other state agency are legally entitled to full reimbursement on their medical liens. Thus, the California Probate Code Section 3601 which gives court power or authority to determine the reasonable medical expenses to paid out of a reduce said medical liens.

An interesting note on medical liens with child injury settlements, including adult injury settlements: if any of the medical bills were paid by County Medical Services in San Diego County (also known as CMS), then those bills covered by CMS are not reimbursable back to CMS at time of settlement, unless the settlement is derived by jury trial in the form of a California Superior Court verdict. If not, and it is derived in any other manner, including settlement, mediation, or pre-settlement litigation, then CMS cannot, by California law, hold a medical lien reimbursement interest.

Legal Research for this Blog Posting: See 129 Cal. Gov. Code Section 23004.1. 130 Cal. Health & Safety Code Section 123982.

Child Injury/Accident Attorney:

Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.

Best Legal Defenses to Ca Child Injury Case | San Diego Kid Injury Lawyer

Sun, 20 Mar 2011 08:00:00 EST

Best Legal Defenses to a Child’s Damages for Injuries in the State of California

The following is not an exhaustive list of defense tactics; the list below represents some of the more common defenses I see in my child injury law practice:

Defense attack on pain and suffering damages: It should be expected that a defense lawyer will search out evidence that an injured child is exaggerating his or her injuries. Facebook and other online social media networks have been reviewed by defense attorneys and defense insurance companies looking for photographs showing various activities of the injured child, and at times, attempts are used to take the photos out of context to show the injuries were minimal to the child.

Failure to mitigate damages: At times, the defense may argue that any alleged pain and suffering could have been avoided through reasonable medical care; for example, any gap in medical care can be detrimental to your child’s injury claim just as it would be for an adult’s. Thus, it is extremely important to not delay in getting your injured child to a doctor right away after an injury. Doing so protects your injured child both medically and legally.

Conflicting expert opinion: The defense is entitled to one independent medical exam (IME) of your injured child, so long as there is a lawsuit filed, and the trial has not yet started. You can see my video on IMEs on my website, in the Video Center section. The IME defense doctor may come to a different medical conclusion than the child’s injury doctors; usually this conclusion is used to defend the case on pain and suffering, and what was reasonable and necessary for medical care.

Biomechanical force defense: This is a popular defense used regarding the amount of property damage to both vehicles in a car accident, or the biomechanics involved in a slip and fall or trip and fall accident. Property damage experts can be retained to give expert opinion on whether or not the forces of a particular impact could have produced enough force to cause harm to the child’s body. Other experts, like engineers on a slip/trip and fall case or a human factors expert, can be used to comment on this type of defense, too.

Research: Mark C. Blane, Esq., The Ten Secrets You Need To Know About Your Injury Case, Before You Call a Lawyer, Word Association Publishers, 2010. 86 International Classification of Diseases, Ninth Revision (ICD-9) 87 Gunnar BJ Andersson, Linda Cocchiarella Guides to the Evaluation of Permanent Impairment, Fifth Edition, American Medical Association.

Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.

Protective Orders | Speedy Trial Request | Injured Child in San Diego, CA

Wed, 16 Mar 2011 08:00:00 EST

Protective Orders

As mentioned, your child’s injury lawyer can obtain protective orders to protect your child during discovery, depositions, and trial. Briefly, here are some other examples of protective orders that can protect a child:

Temporary restraining orders (to prevent harassment such as threats of violence)

Against any workplace violence59 Domestic violence protective orders

Speedy Trial Setting for Injured Minor Children

California law has special priorities for minor children. Any minor child under the age of fourteen is entitled to preferential scheduling in the setting of a trial date. This procedure will allow the legal case to go to trial before a jury more quickly than other cases. In California counties with busy court calendars, the case of a minor under the age of fourteen must be given an available courtroom before all other cases on the court docket. This is granted on motion by the child’s attorney unless the court finds the party “does not have a substantial interest in the case as a whole.”

★INTERESTING POINT: An issue once arose in connection with speedy trial settings for injured minor children in California, questioning whether it was constitutional. The constitutionality of this right has been upheld against challenges based on the doctrines of “equal protection” and “separation of powers.” Still, one issue remains to be decided: whether the priority setting might violate a defendant’s due process rights by depriving him or her of adequate time to prepare for trial. It is argued that the entitlement of a child under age fourteen to priority trial setting might allow him or her to secure experts and prepare for a trial, then surprise the defense by springing a priority trial setting motion to force a trial date within 120 or, at most, 135 days. This would put pressure on the defense that could, it is argued, be adverse to the defense.

★INTERESTING POINT: Another group of individuals in California who get trial date priority are individuals over the age of seventy. In fact, they take precedent over priority cases involving children under age fourteen.62 Thus, the elderly have even greater preference in getting a trial date than minor children under age fourteen.

For Research Bugs - See: California Code of Civil Procedure Section 527.6. 59 California Code of Civil Procedure Section 527.8. 60 California Family Code Sections 6200 et seq.; 7710 and 7720; California Code of Civil Procedure Section 372(b)(1). 61 California Code of Civil Procedure Section 36(b); see Peters v. Super. Ct. (County of Los Angeles) (1989) 212 CA3d 218, 260 CR 426.

Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.

Calculating Damages in a Child's Wrongful Death Case in CA | San Diego

Tue, 15 Mar 2011 08:00:00 EST

When an adult dies as the result of negligence in California, the pecuniary (financial) loss to the family is easier to determine. For example, when a parent dies as the result of a wrongful death, a child may seek damages for the loss of the parent’s love, support, care, guidance, and income. When a child dies as the result of a wrongful death, the parents’ recovery is limited to loss of love and affection and other expenses, and to the child’s financial gain, which is usually quite small. This same issue presents itself in wrongful death actions with the elderly. As with the wrongful deaths of children, the wrongful death of an elderly person can have a somewhat limited recovery potential.

Certainly, much of this inquiry involves speculation, and the younger a child is at the time of death, the harder it becomes to specifically determine pecuniary loss or harm to the parents. A jury may consider what the child would have (or may have) contributed to both parents' support, but this cannot be pure guesswork or rough estimations. Juries often use life expectancy charts as a starting point for such complex calculations to help get an answer. Court rules against jury speculation do not necessarily limit parents to small recoveries in this regard, but California courts have generally affirmed smaller awards for the deaths of children. Remember, damages in a wrongful death claim are intended to compensate for the losses resulting from the death of a family member—for the purposes of this chapter, this means a child.

The following is what a California parent can claim as legal damages for the loss of his or her child:

␣Direct expenses: including hospital and medical bills and funeral cost;

␣ Loss of future earnings potential: the amount the decedent child would have earned during his or her lifetime;

␣ Loss of companionship (consortium): the loss of community, society (love and affection), and, if applicable, the financial support provided by the decedent child and the loss of benefits the decedent child would have been entitled to in any trust or pension/retirement (if he or she was gainfully employed at the time of death).

Some damages, such as the amount of direct expenses related to medical bills and funeral costs, are easy to estimate. Other damages, such as the appropriate amount for loss of companionship (love and affection), are more elusive and difficult to quantify. Calculating damages is a complex process (it requires legal analysis) that involves multiple factors.

Some of the factors to consider include:

␣ The nature of the parent’s relationship to the decedent child. As a parent bringing the action of the wrongful death, this is often easy to document. However, some states have added an additional requirement to show a parent has regularly contributed to the support of the child. This has been done to prevent a parent (more often a father) who rarely or never supported the child during the child’s lifetime from thereafter profiting monetarily from the child’s death. So far, California has not adopted this additional requirement. Thus, the closer the relationship between child and parent, the more damages are presumed to be; this can be shown through joint vacations, holidays, birthdays, photos, home movies, Mother’s Day and Father’s Day cards, etc.

␣ How dependent the parent was on the decedent child. This would be applicable if the child had supported the parent in some way. Financial experts can be used to help determine this factor. However, it should be noted that the courts and juries scrutinize this based on the health, age, and circumstances of those (parents and other family members) claiming pecuniary losses;

␣ The anticipated lifespan of the decedent child—human life experts are sometimes used to quantify this;

␣The anticipated earnings and employment benefits of the decedent child; often very hard to quantify because a child has usually not begun his or her career choice; and,

␣ The amount of comparative fault (if any) on the part of the decedent child; California law recognizes the apportionment of fault theory, which allows deductions in case value based on the percentage of any fault the decedent child may have contributed to the accident- causing death.

California Wrongful Death of a Child | Limits & Defenses | San Diego Lawyer

Tue, 15 Mar 2011 08:00:00 EST

California Law’s Limit to Recovery for a Child Death

California law does limit damages a parent can claim for the death of his or her child. Under the California Code of Civil Procedure Section 377.34, monetary recovery is limited for any loss or damage that the decedent child sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent child would have been entitled to recover had the decedent child lived, but this does not include damages for pain and suffering or disfigurement.

This means California law wants to give parents the right to sue for any punitive damages, also known as exemplary damages (i.e., damages that go beyond mere negligence, in order to financially punish the party, parties, or institution that caused the child’s death to help deter the action from ever happening again). The only claims a parent cannot sue for are the child’s actual pain and suffering he or she would have experienced had he or she lived, or for any disfigurement injuries. The pain and suffering a child experienced prior to death are compensable under California law.

Legal Defenses in a Child’s Wrongful Death Claim in California

The available legal defenses to a child’s wrongful death claim in California are the same as those legal defenses to a claim for a typical personal injury claim. A claim may be barred for failure to bring a claim within the statute of limitations (see infra). Other available legal defenses include causation (how the injury occurred) and comparative negligence (was another party partly at fault for the injuries of the injured child, or was the injured child actually partly at fault?).

In order to hold a defendant (negligent or at-fault party) responsible for the wrongful death of a child, a parent must prove that the defendant’s conduct was the cause of the child’s death. To satisfy this requirement, the parent must show a connection (nexus) between the defendant’s conduct and the injury; the parent must show that, were it not for the defendant’s actions or omissions, the injury would not have occurred. The parent does not have to show that the defendant was the only responsible party. For example, if the defendant’s vehicle crashes into the child’s vehicle, pushing it into the path of an oncoming truck, the defendant will still be liable, as he or she set in motion the chain of events leading to the child’s death.

It is also important to show, in some cases where death does not immediately occur, a continuous causal connection from the fault to the injury in a child wrongful death claim. This continuous causal connection is analogous to a straight line starting from the fault to the injury. This causal connection must exist in order for the defendant to be held legally accountable. For example, the defendant’s vehicle crashes into the child’s vehicle; the child suffers from severe headaches, but he or she does not seek medical attention for several weeks for whatever reason, and the hospital has difficulty correctly diagnosing the source of the child’s pain. The child eventually dies in the hospital. While, in this example, the hospital may be found negligent for the delay in diagnosis, the cause of death may be determined to be the child’s failure to seek prompt medical attention, if earlier treatment would have prevented his or her death. In this example, the causal connection has been broken by the child’s failure to receive immediate and consistent medical attention.

Comparative negligence, as mentioned above in the calculating damages section, is conduct by the child that contributed to the child’s own injuries or death. If the decedent child is found to be comparatively negligent, the amount of damages awarded will be reduced by the percentage of fault assigned to the decedent child. For example, let’s say a child is playing with other children near a busy intersection and accidentally trips or runs through a busy street. The defendant does not see the child and strikes the child, killing him or her. The child, in this example, may be found comparatively negligent for not paying attention.

Another defense to a child’s wrongful death action in California is the statute of limitations defense. However, if a minor child in California does not die from an injury, it is tolled until his or her eighteenth birthday in most cases. (See the following section for more details on the California statute of limitations and children.)

CA Statute of Limitations for Wrongful Death of a Child | San Diego Kid Injury Lawyer

Tue, 15 Mar 2011 08:00:00 EST

California Statute of Limitations on a Wrongful Death of a Child

California law, under the Code of Civil Procedure Section 335.1,45 also mandates a strict time period (statute of limitations) that parents have in order to initiate a cause of legal action for the child’s wrongful death. Generally, it is two years from the wrongful death date of their child. This means a parent has two years from the date of death to either have his or her child’s wrongful death case settled or have the case filed with the appropriate California Superior Court.

However there are exceptions to this California law. Most injury and death claims statutes arise (the time you have to settle your claim or file a law suit) on the date of injury, but for some injury or death claims, they only arise during discovery. For example, if the wrongful death was the result of a medical malpractice claim,46 then the California statute of limitations is a different time period. For a minor child who died as a result of medical malpractice, the minor’s wrongful death claim must commence within three years of the alleged wrongful act (which could be sooner than the actual date of death).47 If you are seeking medical malpractice for the wrongful death of a child against a California county, then the action against the county accrues only when the child’s parent or guardian knew or reasonably should have known that a wrongful act (e.g., negligent medical care) caused his or her child’s death.48 Finally, if you are seeking damages from a government agency, then the statute of limitations is even shorter (generally six months from the date of death). This basically means that if you wait too long, you will lose your legal rights as parents to seek legal compensation for the wrongful death of your child.

Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.

Selecting an Experienced San Diego California Child Wrongful Death Lawyer

Tue, 15 Mar 2011 08:00:00 EST

Selecting an Experienced Child Wrongful Death Attorney:

The laws surrounding wrongful deaths are complex and constantly evolving. In order to ensure that your case is handled properly and in a timely manner, it is imperative that you consult with an experienced and knowledgeable law firm as soon as possible.

However, the selection of an attorney in a child wrongful death case is very important because the case is a huge responsibility and can be, at the time, challenging. One challenging aspect of such a case involving the wrongful death of a child is proving the amount of damages that the parents and the estate may be entitled to receive. As I mentioned earlier, the calculation of damages may be problematic because the child’s early death occurs at a young age and it therefore may prove to be difficult to calculate any future lost earnings, and the intangible loss of love and affections sustained by both parents.

In my California child injury law practice, I am able to meet with and use focus groups to review and evaluate child wrongful death cases to:

␣ Quantify the emotional trauma;

␣ Obtain a realistic value range of the case;

␣ Demonstrate at trial or in mediation or during arbitration the loss caused by destruction of the parent-child relationship.

Proper compensation in these cases involves paying parents for the loss of a child's love, companionship, comfort, care, assistance and moral support. The death of a child is a traumatic event, and the thought of initiating a legal proceeding to preserve your legal rights as a parent can be overwhelming. However, it is important to act promptly to preserve evidence, investigate the cause of the accident, and to file a lawsuit prior to the deadline imposed by the California statute of limitations.

Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.

California Parental Liability | Teen-Age Kid Driving | San Diego Child Injuries

Tue, 15 Mar 2011 08:00:00 EST

California Civil Parental Liability: Minor Child Driving a Motor Vehicle

Obtaining a driver’s license is a major rite of passage for teenagers in California and across the United States. Sadly, parents often forget to explore the potential liability issues involved in allowing their child to drive their automobile, or any automobile at all. The most common example is a teenager being at fault for a fender bender accident and causing the family’s insurance rates to go up, but what about the more extreme examples of teenage driving accidents? What if your minor child drives your automobile under the influence of alcohol? The short answer is you, as the parents of the intoxicated teenager, will be legally liable for any damages caused by this conduct.

All California parents need to explore parental liability for teenage driving prior to signing for a license for their teenager or allowing their teenager to use the family car. Parents need to be aware of three situations in which parental liability with a minor driving a motor vehicle can occur:

1. Parents who sign for a child’s license to drive will be liable for motor vehicle injuries caused by that child until the child is either eighteen or the parent(s) withdraw support for the driver’s license. In California, parents signing for a driver’s license attaches “strict liability,” which means negligence does not need to be proven on the parents end—just the fact that the parents allowed and supported the teenager to drive a motor vehicle;

2. Parental liability can apply under a theory of law called negligent entrustment. When the parents of a child are aware of (or should be aware of) a history of problems with drugs or alcohol, prior DUIs or other significant factors, and sill allow their minor child to borrow or use their vehicle—or even another person’s vehicle—liability may apply;

3. Parental liability can also be imposed under a theory of law called negligent parenting. This type of liability can potentially be imposed on any personal injury action including assault, rape, or bullying. Parents usually encounter this claim as the result of their minor child’s DUI or reckless driving accidents. As with negligent entrustment, an injured person who files a claim must show the parent knew (or should have known) the minor child needed to be supervised during the activity.

Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.

California Civil Liability to Parents | Minor Kids & Child Injuries & Accidents

Tue, 15 Mar 2011 08:00:00 EST

California Parental Liability for Restitution, Fines, and Penalties

Beginning on January 1, 1996, the California Welfare and Institutions Code allowed judges to order parents or guardians to pay up to $25,000 to cover losses suffered by the victims of crimes committed by their minor children, and other fines and penalties that may be assessed against the minor. Furthermore, the future earning power of the parent, guardian, and minor can be considered in setting these liabilities.

California Parental Liability: Contributing to the Delinquency of a Minor

Parents or legal guardians who fail in their legal duty to exercise reasonable care, supervision, protection, and control over their minor children can be charged with contributing to the delinquency of a minor, a misdemeanor punishable by one year in jail and/or a $2,500 fine per count. In some California cities, a new parenting project has started to help correct this situation. It gives parents of first-time juvenile offenders a choice: participate in a parenting education program or face criminal prosecution.

Civil Liability Imposed to Third Parties not Related to the Minor Child

In 2010, the California Supreme Court ruled that an adult homeowner accused of negligently failing to supervise her son (also an adult)—thus enabling him to repeatedly molest a minor child at the mother’s home—is liable enough to trigger the homeowner’s insurance coverage, even though the intentional acts exclusion provision of the insurance policy clearly precluded insurance coverage for the claim against the son. The point is, the California courts are expanding their search to protect injured minor children in civil cases, which is a good thing.

Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.

California Child Crimes | Juvenile Court, Sealing Records | Kid Injury Law Firm

Tue, 15 Mar 2011 08:00:00 EST

California Juvenile Court System

If your minor child is charged with a crime in California then he or she would be arraigned (administered) in the California juvenile court system. Any criminal charge that is pled guilty to by your minor child may, in some circumstances, be used to bolster any civil claim an injured party may have against your minor child; this means, if you are named in any civil lawsuit as the parent, this additional charge may be used to prove the damages caused by your minor child. The California juvenile court system is administered in private and only interested parties may attend; this means the California juvenile court is not open to the public.

Sealed Juvenile Records in California

If your minor child is charged with a crime (juvenile offense), and your minor child pleads to or is found guilty of the crime, the California juvenile court does not automatically seal the records. You have to petition the court to seal the records and, once they are sealed, it is as though the charge never existed. Remember, not all juvenile records can be sealed. Nothing will appear on any future background check of your minor child once the records have been sealed because, legally, it is treated as if it never happened, and your child can answer as if it never occurred. In fact, it can never be reopened after being sealed, unless your minor child is involved in any future lawsuit involving defamation, or if it is needed for impeachment purposes on a subsequent case or any matter related to the Three Strikes Law. The records, after a few years, are actually physically destroyed.

California law treats the sealed records as if they (the juvenile offenses) never happened. However, this does not apply to federal agencies. If, for example, the military wants to know, then it becomes a matter of federal law, not just California state law. For the record, all branches of the military want to know about any past juvenile offenses. Thus, you do run the risk of a dishonorable discharge if the military finds out about past juvenile offenses not previously disclosed. It is always advisable to disclose that you had a past juvenile conviction, and explain that a judge deemed it in the interest of justice and society that an “expunge” (or “seal order”) ensue to keep the conviction from public view.

Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.

Lawyer Costs in a California Child Accident Case | San Diego Injury Law Firm

Tue, 15 Mar 2011 08:00:00 EST

The Attorney Costs in a California Child Injury are usually Apart and Separate from the Attorney Contingency Fee

The attorneys costs associated with an injured child claim are a different matter. The term “costs” refers to those expenses that are incurred while investigating the injury claim and prosecuting it in court, if necessary. Examples of typical costs include expert fees, court costs (filing lawsuit and service fees), deposition fees, medical record retrieval expenses, and the like. In California, an attorney is permitted to advance all costs, and then deduct them from the client’s gross recovery at the conclusion of the case. This is crucial because it allows the client to hire an attorney without ever having to pay out-of-pocket fees—fees are paid only at the time of settlement, or when the verdict from a jury or arbitrator is delivered. Most experienced and reputable child accident attorneys will agree to advance costs in a case. There are some exceptions, of course, depending on the type of child injury case and the facts involved. Remember, as with the attorney contingency fee, in California the attorney costs are closely reviewed and approved by a California Superior Court judge. See California Family Code Section 6602; California Probate Code Sections 2644, 3601.55 See L.A. Super. Ct. Rule 10.79(c)(3). All courts in California consider the time expended and complexity of the case; but, generally, they will only approve a lower than normal percentage—hence, twenty-five percent is usually approved.

Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.

Ca Child Injury Lawyer Mark C. Blane's Legal Representation Process

Tue, 15 Mar 2011 08:00:00 EST

California Child Injury Attorney Mark C. Blane’s Legal Representation Process

All injured child clients receive a free and private consultation with me directly by and through their parent(s) or legal guardian. Each side “interviews” the other to ensure a good fit for representation; questions are asked, answers are provided, and the process is fully explained to the client. If I decide to accept a case, it is done under a written contingency fee, which means I only get paid a fee for my legal services if there is a successful outcome.

After the signed retainer agreement is completed, the following process transpires:

␣The client’s injury case is undertaken, and a team of paralegals is assigned to the specific case. The team (legal team) and I will be the client’s main contacts from that point forward. I personally supervise all legal work and keep the client informed of anything of legal significance on their case. The client will have my personal cell phone number, office number, fax number, and e-mail address. The client is allowed to contact any day and time;

␣ The legal team is assembled to investigate and build evidence to support the allegations in your child’s injury case. Evidence includes survey reports from state licensing agencies if it is a daycare center abuse case. In all injury cases we order the child’s medical records and other official documentation, and we interview any and all witnesses;

␣ A settlement demand is typically drafted and presented to the at-fault party’s insurance offering to resolve the claim without the necessity of litigation. This is usually done after any and all medical care is completed. Clients should always be part of every settlement discussion.

␣ If a settlement is not reached, a lawsuit is filed against the responsible parties only after my clients are informed of all options (and they agree with my stance);

␣Additional evidence is gathered in a process known as discovery as my law office prepares for trial;

␣Mediation is likely to occur between the client and the insurance carrier of the at-fault party in hopes of resolution without the need for trial. Each side will be represented with attorneys. Sometimes a case may proceed to an agreed arbitration, which is just like a trial, except there is no jury. If this happens or becomes an option on the case, I will discuss it with my client;

␣If mediation or arbitration fails, the case progresses to a possible settlement conference just prior to trial—and, if that fails, the case moves on to a jury trial in the California Superior Court.

Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.

Washington Jury Awards $600,000.00 to Former Foster Child

Mon, 14 Mar 2011 08:00:00 EST

Olympia, Washington – A Thurston County jury has awarded $600,000 to a former foster child at the center of an investigation into allegations of ritual sex abuse in Wenatchee in the mid-1990's.

The jury on Monday found that the state Department of Social and Health Services and a former DSHS counselor, Connie Saracino, were negligent in failing to act more quickly to remove the then-11-year-old girl from the home of a former Wenatchee police detective after allegations of neglect came to light.Melinda Everett, now 28, a plaintiff in the sex-abuse case, lived for a brief time in the home of detective, Robert Perez, while he investigated the case.Many of the adults arrested as a result of Perez’s investigation were later cleared of wrongdoing.

Tyler Firkins, Everett’s attorney in the civil trial, which lasted six weeks in Thurston County Superior Court, reminded the jury during closing arguments that flawed interviewing methods by Perez and others resulted in false allegations by Everett and the other children who were involved in the case.In his closing argument, Firkins cited the trial testimony of experts that “when allegations of sexual abuse become more ritualistic and bizarre, the more likely that they were the result of improper questioning.”However, the allegations of negligence in Everett’s civil suit did not ask the jury to settle questions about the veracity of the mid-’90s allegations. Rather, the jury was asked to decide whether DSHS was negligent in allowing Everett to be placed in the Perez home while he was investigating the sex-abuse case against her parents.The jury was also asked to find DSHS negligent in forcing her to be separated from her brother and in allowing her to be institutionalized for a period that lasted until she aged out of DSHS’ jurisdiction.Firkins suggested that Everett was entitled to about $4.5 million in damages from DSHS, about $1 million for each year she spent in its care.However, after four full days of deliberation, the jury failed to find that Everett was entitled to damages except for about a three-month period in late 1995, when she lived in the Perez home.The jury did not find that DSHS was negligent for placing Everett in the Perez home and did not find that placing her there violated her constitutional right to be free from an unreasonable risk of harm. The jury did rule that DSHS was negligent in not acting on a Sept. 20, 1995, report in which Everett alleged neglect in the Perez home. The jury also found that after DSHS received the September 1995 report from Everett’s mental health counselor, the agency was negligent in allowing Everett to remain there.Saracino violated Everett’s “constitutional right to be free from unreasonable risk of harm,” the jury decided.The alleged neglect was that Everett was ordered off the property while wearing pajamas. This information was passed from Everett’s mental health counselor to Saracino on Sept. 20, 1995.The jury also found that DSHS negligently replaced Everett’s mental health counselor. Firkins had argued during closing arguments that DSHS changed the mental health counselor at Perez’s request because the counselor “dared question his dual role” as foster parent and criminal investigator.

However, the jury found that Everett was not damaged by the change of counselors.“The jury didn’t award huge damages against the state because the work of the social workers was on balance very good,” said Assistant Attorney General Paul James after Monday’s verdict came in shortly after 5 p.m.James said no decision has been made on whether the Attorney General’s Office will appeal the jury’s verdict.Everett’s co-counsel, Michael Kelly, did not immediately comment after the verdict.DSHS is responsible for paying $595,000 of the award, and Saracino is responsible for $5,000.

Child Choking Hazard | Product Recall | Two Popular Halloween Costumes

Mon, 14 Mar 2011 08:00:00 EST

WASHINGTON STATE, March 9, 2011 /PRNewswire-USNewswire/ -- The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Choking hazards with children can be serious - and usually, costumes can present hazards beyond choking. I have presented issues with Halloween in my book, Justice for the Injured Child. In the book, I briefly analyze Halloween night in general and make my case that Halloween night is the most dangerous night of the year for children! In regards to Halloween costumes, I always recommend kids stay away from masks as they block their view when crossing the street at night for cars and headlights...I recommend instead that kids paint their faces in lieu of wearing a mask. In regards to choking hazards, the following two Halloween costumes have been recalled for the risk of choking:

Name of product: Little Pet Vet costumes and Dr. Littles costumes

Units: About 1,800

Importer: Fun World, Inc. a Division of Easter Unlimited, Inc. of Carle Place, N.Y.

Hazard: The costumes are sold with a toy stethoscope accessory. The plastic ear pieces at the end of the stethoscope can be pulled off, posing a choking hazard to young children.

Incidents/Injuries: None Reported

Description: This recall is limited to the stethoscope accessory from Fun World's toddler-sized Pet Vet and Dr. Littles costumes. The costumes include a white lab coat, a cap, scrub pants, a scrub shirt and a stethoscope. The cap and scrubs are pink, turquoise or blue. A tracking label bearing the code 10060GFI01 and a production date of either Jan-Mar 2010 or Apr-Jun 2010 is sewn into the neck of the scrub shirt or the lab coat.

Sold at: Novelty stores, costume and party supply stores nationwide from August 2010 through October 2010 for about $15.

Manufactured in: China

Remedy: Consumers should immediately take the stethoscope away from children and contact Fun World for instructions on returning the stethoscope for a full refund.

Consumer Contact: For additional information, contact Fun World at (800) 247-5314 between 9 a.m. and 5 p.m. ET Monday through Friday or by email to support@fun-world.net.

Firm's Recall Hotline: (800) 247-5314

CPSC Recall Hotline: (800) 638-2772

CPSC Media Contact: (301) 504-7908

Special Statute of Limitations for Child Abuse in California | San Diego

Sun, 13 Mar 2011 08:00:00 EST

Special statute of limitations with California Child Sexual Abuse

Generally speaking, any legal action for an injury to a minor child in California, either physical or mental, is tolled until the child’s eighteenth birthday, meaning a lawsuit or settlement needs to happen within two years from the date the minor child turns eighteen. However, allegations of sexual abuse while a person was a minor child, contain special time frames for legal actions in California. In a legal action for a person over the age of eighteen, recovering for sexual abuse that happened while he or she was a minor child must be as follows: the time for the commencement of the legal action must be within eight years of the date the person attains the age of majority (eighteen years old) or within three years of the date the person discovers (or reasonably should have discovered) that psychological injury or illness occurring after the age of eighteen was caused by the sexual abuse, whichever period expires later, for any of the following actions:

1. An action against a person for committing an act of childhood sexual abuse;

2. An action for liability against any person or entity who owed a duty of care to the plaintiff, where a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual abuse that resulted in the injury to the plaintiff;

3. An action for liability against any person or entity where an intentional act by that person or entity was a legal cause of the childhood sexual abuse that resulted in the injury to the plaintiff.30

There are numerous exceptions to the above rules. An experienced child injury attorney will need to be consulted in order to see if you have a case for childhood sexual abuse.

Child Abuse Agencies

Unfortunately, child abuse is a reality in today’s world, but there are some steps you can take in order to be proactive. If you suspect child abuse by a sexual offender, or if child pornography was involved, you can contact the following agencies for immediate help:

1. Federal Bureau of Investigation (FBI)
2. California Child Protective Services (CPS)
3. National Center for Missing and Exploited Children
4. U.S. Department of Justice—Child Exploitation and Obscenity Section. See this link, to the Child Exploitation and Obscenity Section with the Department of Justice Web site, for an explanation of how to report child pornography to the U.S. legal authorities: www.justice.gov/criminal/ceos/childporn.html
5. Your local police department special victims unit
6. Your local U.S. Postal Service;

Death of a Fetus & Preconception Injuries in California | San Diego Child Injuries

Sun, 13 Mar 2011 08:00:00 EST

Death of a Fetus (or Embryo) in California

Many people have inquired about wrongful death actions for unborn fetuses in California. Each state in the United States varies on whether a person may bring a wrongful death action when an unborn fetus dies as the result of someone’s negligent acts or omissions. Many states, including California (see infra), require that a child be born alive for its wrongful death to constitute the first element of a wrongful death legal action. Other states require the unborn fetus to be “viable.” Viability usually means the fetus was healthy and was expected to be born had the death of the fetus not occurred.

In California, the death of a fetus is frequently not actionable in a civil context, nor is the parents' emotional injury from losing the fetus, because in order to have a claim, the fetus must have been born alive. Under a California law analysis, a fetus or embryo not born alive never attains the status of a “person,” and only a “person” can maintain a legal action or be the subject of a wrongful death claim.41 California allows a right to sue given the facts of a particular case on whether the fetus or embryo was indeed born alive. An experienced child injury attorney can advise you as to whether you can sue for the wrongful death of an unborn fetus.

★INTERESTING POINT: Interestingly, California criminal law does charge people with the murder of an unborn fetus as though the unborn fetus were an actual person.

Preconception Injury in California

Another related issue is whether there is a legal recovery under California law for an injury known as a “preconception injury.” The quick answer is no because these claims are generally denied. The reason is that an injury to a child not yet in existence is usually unforeseeable; that is, it is not anticipated or realized. Thus, generally speaking there is no duty owed to a person not conceived at the time of the wrongful act (whatever that wrongful act might be). Under California law, legal exceptions are recognized only in product liability—that is, unsafe products (mother taking drugs while in process of pregnancy) and what is known as a “wrongful life” case (see infra). See the following California cases for more information: Wilson v. Kaiser Found. Hosps. (1983) 141 CA3d 891, 897, 190 CR 649, 653; also see Burgess v. Super. Ct. (Gupta) (1992) 2 C4th 1064, 1082, 9 CR2d 615, 625, Fn. 9. “The mother’s medical malpractice claim is the only claim that can be brought against a doctor whose negligence has caused a stillbirth”(dictum). See Hegyes v. Unjian Enterprises, Inc. (1991) 234 CA3d 1103, 1113, 286 CR 85, 89. [A negligent motorist was found not legally liable to a child conceived after collision occurred].

San Diego Stingaree Nightclub Taxi Cab Crash | Recovery for the Victims?

Wed, 23 Feb 2011 08:00:00 EST

As most people in San Diego have heard by now, on February 13, 2011, at approximately 2:00 a.m., an Emerald taxi cab driver named Sam Hassan Daly (52 years old) ran his cab into a crowd of people standing outside the San Diego nightclub known as the "Stingaree." Approximately 36 people were injured, and approximately six were critically injured including a Ms. Dominique Gambale. Ms. Gambale's leg was crushed in the terrible accident (however, recent news reports have confirmed she just had her third surgery and her doctor, Dr. Paul Girard, M.D. says she is resting and in good spirits).

In terms of the legal consequences, there may or may not be a monetary recovery for those who were injured. For example, if Mr. Daly, the at-fault taxi cab driver was an "independent contractor" at the time of the accident, then his employer may not be liable for his negligent actions in the ensuing accident he caused. The injured parties would have to look at Mr. Daly personally for any potential legal recovery, and the question remains if he had enough insurance coverage to cover the medical bills for all who were injured in this unfortunate San Diego taxi cab accident.

As an injured pedestrian in this accident, it becomes extremely important if any of them had uninsured or underinsured motorist coverage on their own personal insurance polices. The reason is important because if Mr. Daly is under-insured (remember, California law only requires a California motorist to carry a minimum of $30,000.00 in liability insurance!), then the injured pedestrians will want to look at their own auto policy for under-insured motorist benefits to see what they have - to see if they may have to file a claim once all the damages are known. I talk about this scenario in my video on California uninsured motorist coverage and why it is important to have in California. Thankfully no one was killed in this accident.

San Diego County Motorcycle Fatality Accident | Safety Tips & Prevention

Tue, 22 Feb 2011 08:00:00 EST

Sadly, another motorcycle fatality has come to the county of San Diego, California. This one occurred yesterday on "Presidents Day." Mark Paul Thompson, 27 years old, was riding with friends when he lost control of his westbound 2008 Honda in the 16000 block of Highland Valley Road in Ramona, California shortly before 1 p.m. Police authorities released the name today of a U.S. Marine from Temecula, California who was killed in the motorcycle crash/accident. News releases on this unfortunate death is rather limited. Mr. Thompson was motorcycle riding with his friends when he lost control of his westbound 2008 Honda in the 16000 block of Highland Valley Road in Ramona shortly before 1 p.m. Monday. Mr. Thompson, who was wearing a helmet, crashed into a tree and died at the scene, according to the San Diego County Medical Examiner’s Office. I am very sorry that this happened since wearing a helmet can usually (significantly) reduce the risk of death in a motorcycle accident.

In previous blogs, articles and frequently asked questions sections, I have spoken about how losing control of a motorcycle can occur. Especially, if there was no other vehicle around! This is known as a single vehicle motorcycle accident. One of the things a legal expert has to look at is the terrain of where the motorcycle accident occurred. In my injury practice, I have seen first hand ill repaired roads or roadwork that did not have adequate warning signs. Beyond the physical terrain, one has to examine, possibly, the motorcycle itself - for any possible defects. If the terrain or road surface conditions were normal, and the motorcycle too, then rider error is usually examined next. It is true that motorcycle rider error is usually to blame on a single vehicle motorcycle accident. If you are a motorcycle enthusiast in California, the following link can better explain some motorcycle safety tips. I am very sorry to report this news article and my condolences go out to Mr. Thompson's family and friends. If you ride motorcycles on California roads, please be careful out there!

Preparing the Plaintiff for the IME | San Diego Car Accident Law Firm

Sun, 20 Feb 2011 08:00:00 EST

Preparation for the IME is important in any injury case. Before the plaintiff (injured party) goes to the medical examination (the independent medical exam called by the defense), he or she should review the medical records as the defense medical doctor will take a detailed medial history, often from date of birth forward. If the plaintiff has been deposed in a deposition (which is usually the case), it is wise to the review the deposition transcript as it can also be helpful for insight. Although a court reporter will not usually be present, the medical examination (IME) is intended to elicit statements that may be used against the plaintiff during a trial if the case goes that far. Most clients are not medical professionals so they will not be expected to express technical medical terminology or diagnosis, but, a lay understanding will be explored in the key areas of pre-existing conditions or injuries; such as course of medical care, present medical condition, and a time line of symptoms and the like.

All plaintiffs should be instructed that the medical examination is not a second medical opinion as the exam is sometimes commonly viewed in the medical community. Instead, it should be well advised to the plaintiff that it is an adversarial medical proceeding where the insurance company has hired the medical doctor who regularly performs such exams to try and minimize the plaintiff injuries with a skeptical view point. Some of the time, the defense medical doctor is retired or maintains a limited private medical practice and whose livelihood is sometimes to a significant part dependent upon the hiring insurance company for such medical jobs. When the plaintiff attends the IME, the plaintiff should be warned to have insight on the following questions by the defense medical doctor:

1. Any pre-existing injuries - the plaintiff should be as accurate as possible; however, when in doubt, refer the defense doctor to the medical records which have been provided by the defense insurance company to the defense medical doctor. An example answer could be: "I may have strained my left should years ago, but I cannot remember the details; I am sure the medical records you have will be very thorough." The plaintiff will want to avoid using the word never as much as possible, and replace it with "I do not recall at this time."

2. How forceful with the impact (that caused the injury?). Unless actual knowledge exists, matters of speed, time and distance should not be estimated.

3. Bio-mechanics of injury? During the defense exam, utilization of headrest, shoulder harness, seatbelt, and any striking of the head or body parts will be the focus and scrutinized. If any flexion or extension (range of motion) is not questioned, it should be volunteered by the plaintiff.

4. Time line of symptoms; the plaintiff should be able to give a layperson interpretation on this line of questioning.

5. Course of care in medical treatment; because the defense doctor has the records, reference to those records should be done whenever the plaintiff is in doubt with this subject.

6. Present medical condition; the plaintiff should be able to communicate this without a problem.

Attending the IME Exam | What to Expect for your San Diego Car Accident

Sun, 20 Feb 2011 08:00:00 EST

One of the earlier California cases allowing an attorney-at-law to be present at an Independent Medical Exam (IME) called by the defense was Shariff v. Superior Court of City & County of San Francisco (1955). What is interesting from this case was the courts logic or rationale for why a representative would be needed in the exam:

The doctor should, or course, be free to ask such questions as may be necessary to enable him to formulate an intelligent opinion regarding the nature and extent of the plaintiff's injuries, but he should not be allowed to make inquiries into matters not reasonably related to the legitimate scope of the examination. Whenever a doctor selected by the defendant conducts a physical examination of the plaintiff, there is a possibility that improper questions may be asked, and a lay person should not be expected to evaluate the propriety of every question at his peril.

Why Having a Personal Representative at the IME is a Good Idea:
A personal representative could be the attorney (but I do not recommend this as the attorney cannot call himself as a witness if the case goes to trial regarding what did and did not take place during the IME), or a nurse. The nurse is much better since she or he can be called as a witness. In the expectation of attending a California IME for an auto accident case, how worrisome is it to realize the defense medical doctor may be more interested in whether the light was red, whether the bushes interrupted a particular view, or what the at-fault party may or may not have said at the accident scene. Only quick focus will be paid to the medical records that have been documented since the accident, but detailed and focused attention will be paid to the targeted past medical history of the plaintiff! Now, according to California case law, the representative's purpose at an IME is to prevent the defense medical doctor from asking improper questions, for example, those not reasonably related to the legitimate scope of the medical examination.

As briefly mentioned above, a split in common legal practice exists as to whether an attorney or nurse witness should attend the California IME. As I mentioned, I recommend the nurse; but, if the attorney attends, it can help the plaintiff in moral support. Also, the added bonus for the attorney attending, is the attorney gets the opportunity to evaluate the defense medical doctor for free. Also, the attorney does not have to pay the nurse to attend. Obviously, there are advantages to both (either the nurse or the attorney).

Allstate Insurance & MIST Cases | San Diego Car Accident & Injury Claims

Sun, 20 Feb 2011 08:00:00 EST

Allstate insurance came up with the MIST case designation which stands for "Minor Impact Soft Tissue" or "MIST" for short. The advent of MIST programs corresponded with the industry growth of bio-mechanical expert witnesses. At Allstate insurance, supervisors are trained how to "motivate the need for MIST specialists. If a personal injury lawyer is retained in a MIST designated case, Allstate then directs the claims management personal to send a clear message that "scorched earth" tactics will be employed to review the bodily injury claim. This includes vigorous investigation will be pursued in these selected cases by, among other items, hiring bio-mechanics and considering accident reconstruction experts. Allstate uses bio-mechanics to analyze and correlate vehicle impact force with physical injury, helping the claim representative present a comprehensive damage defense to the MIST selected claim.

The bio-mechanical investigation is divided into two categories:

1. Using expert written analysis or internal resource material; or
2. Hiring a bio-mechanic expert.

Expert Written Analysis:
Expert written analysis or internal resource material is to be used whenever necessary to counter plaintiff's provider opinion on causation of injury; whenever injuries and treatment are significant but inconsistent with the type of impact; whenever the claim is to be denied on damages to the vehicle; whenever attorney profile indicates strategy of mandatory arbitration; whenever Allstate decided to use voluntary arbitration or medication; and whenever a favorable defense medical exam findings report needed to be strengthened.

Bio-mechanic Analysis:
A bio-mechanic expert is to be considered whenever Allstate targets a case for trial; whenever the attorney profile indicates she or he will litigate and try the case; whenever damage photos and/or expert reports are insufficient to support the defense case at trial; whenever injuries and treatment are significant but inconsistent with type of impact; whenever favorable defense medical examination findings needed to be strengthened. and when a nominal offer or denial is declined.

Defense Insurance Medical Exams for a San Diego Car Accident Injury

Sat, 19 Feb 2011 08:00:00 EST

In California, defense insurance medical exams, also known as "Independent Medical Exams" (IMEs) may be:

1. Demanded by the first party insurance (your insurance company) through what is known as California "medical pay protection;"

2. Agreed by the parties in litigation; the injured party and the at-fault party;

3. Compelled through a court order;

Though the purpose of such exams is ostensibly different in the first party (your insurance) versus the third party (the at-fault party), the reality is the exams are conducted by the same types of entities with the same bias against soft tissue (musculoligamentous) neck and back injuries.

When the insurance company, in the first party stance, demands an exam, the plaintiff (injured party) should generally cooperate and attend in the accordance with the contract of insurance. However, safeguards should be insisted upon to the full extent as reasonably possible. If the insurance policy allows for an "independent" medical exam, but the insurer is insisting upon a medical doctor who is biased, then letters show go out insisting on a different medical doctor. Also, sometimes, a legal motion known as a declaratory judgment action could be brought on the limited issue of the exam. Due to the fact that litigation can be expensive, the plaintiff (injured party) in this example may ultimately be left with the choice between attending the exam, or declining the exam and having benefits terminated. If the IME is to proceed, a letter should go out detailing to the insurance company the insisted parameters in regards to the exam.

When the case is in litigation (in court) and the defense requests the medical exam (IME), due consideration should be given. California law allows the defense to examine the plaintiff one time prior to trial.

Auto Insurance Companies Known to Use Colossus for Accident Claims

Fri, 18 Feb 2011 08:00:00 EST

Colossus is a computer program that is the auto industry's leading computer system for assisting claims adjusters in the evaluation of bodily injury claims from accidents. It assists claims adjusters in interpreting value to medical reports and to look up definitions of injuries, treatments, complications and permanent impairments using AMA 4th Edition guidelines data.

As I have posted in other blogs and articles, the problem with Colossus is found in its potential for abuse. If a claims adjuster forgets, or worse, ignores a piece of medical evidence in a person's or attorney's settlement demand package, then it can skew to the injured party's detriment what the claim value of the particular injury or injuries should settle for if the case or claim went to a jury trial.

The following list shows which auto insurance companies, in the United States and beyond, known to use or license Colossus (with approximate begin dates) and it is not exhaustive:

1. Aetna
2. Allstate (by 1997)
3. American Family Group of Madison, Wis (since November 1996)
4. Arrow Claims Management, an affiliate of Arrowhead General Insurance Agency (August 1997)
5. Arrow Claims Management, an affiliate of Arrowhead General Insurance Agency (August 1997)
6. Bishopsgate Insurance (April 2000)
7. California State Automobile Association (October 2000)
8. Explorer Insurance Company, Burbank, California (December 1997)
9. Farmers Insurance (May 2000)
10. Federated Mutual Insurance Company, Owatonna, Minnesota (April 1998)
11. General Casualty Insurance Companies (Winterthur Swiss Insurance Group) (July 1998)
12. Grange Mutual Casualty Insurance Companies, Columbus, Ohio (December 1998)
13. Great American Insurance Company (American Financial Group, Inc., Cincinnati, Ohio) (April 2, 1998)
14. Hartford Financial Services (May 2000)
15. Keystone Insurance Companies of Philadelphia
16. Metropolitan Group, R.I.
17. Norwich Union (UK)
18. Motorists Mutual-American Hardware Insurance Group, Columbus, Ohio (December 1998)
19. Ohio Casualty Group of Insurance Companies (January 1998)
20. State Auto Insurance Companies of Columbus, Ohio (September 1996)
21. 20th Century Industries (February 1997)
22. Travelers/Aetna Property Casualty, (September 1996)
23. USAA (United Services Automobile Association) (February 1997)
24. Westfield Companies (August 2000)
25. Zurich Personal Insurance (June 1998)

Sketchers Shape-Ups Lawsuit: Woman Sues Saying It Causes Hip Fractures

Thu, 17 Feb 2011 08:00:00 EST

This news article comes from Consumer News of Good Morning Amercia: An Ohio woman is suing the company that makes the Sketcher Shape-Ups tennis shoes after developing stress fractures in both hips which she blames on the shoes. As most peopel know, the Skecher's Shape-ups have a distinctive round sole. They are marketed as toning shoes (for fitness), the fastest-growing segment of the athletic shoe market. Toning shoes are meant to help you get in shape as you walk or work. However, at least one person says rather than helping them, the shoes hurt them.

Plaintiff, Holly Ward, 38, says her routine involves physical therapy and she now has pins in her hips because of injuries she says were caused by wearing Skecher's Shape-ups. "The extended use of these shoes has injured me catastrophically," Ward told "Good Morning America." Shape-ups are advertised as helping you get in shape and helping reduce pain. Kim Kardashian and former NFL quarterback Joe Montana have appeared in commercials for Sketchers Shape-ups.

Ward says she wore the shoes during her work as a waitress and while on walks and developed severe pain after five months. According to her lawsuit, she had fractures in both hips near where they meet the thigh bones even though she has the healthy bone density of a young woman. "The femoral bone is the strongest bone in the human body and I fractured not one but two of them without being in a car crash or any traumatic incident," she said. Skechers and its critics do agree on one thing: Shape-ups shoes change the way you walk. A Skechers training video advises wearers to "step forward with the middle section of your heel hitting the ground first. Roll forward onto the ball of your foot and push off with your toes." The Sketchers company calls its shoes revolutionary. Ward's lawyer calls them dangerous.

"We do not know of any testing or safety studies that Skechers did to determine safety," said Ronald Johnson, Ward's attorney. "If they're going to invent a whole new way for a human being to walk, the very first thing they should do is studies to make sure that's not going to harm their customers."

Ward says the potential gain is not worth the potential risk. ABC spoke to half a dozen orthopedists and most were skeptical that shoes alone could cause stress fractures. Skechers told ABC that "since this lawsuit is brand new, we have not had an opportunity to review Ms. Ward's allegations … millions of people wear Shape-ups without experiencing what Ms. Ward alleges." Ward's lawyer says he has heard from more people with bone fractures, and published reports quoting doctors who say they've seen other injuries like strained Achilles tendons and falls because people lost their balance. Skechers tells people to start wearing the shoes gradually to get used to them and avoid injuries.

Business Owner's Failure to Inspect for Hazards | Slip & Fall in San Diego

Thu, 17 Feb 2011 08:00:00 EST

Cluttered aisles in a California retail store can be a major problem for the owner. I have been to some retail stores and noticed that merchandise tend to get picked up by customers and placed on the floor. One such store is the Ross Dress for Less stores. You go in there on a weekend and most of the merchandise has been moved around and put on the floor (the picture and poster department) by the customers. This blog post explores the business owner's failure to inspect for potential hazards. Lets take the following case example:

The plaintiff caught her foot on a white plastic clothes hanger while shopping at a local discount store; this caused her to fall onto a light colored floor. The store owner testified that there were no regular sweeping logs or inspection schedules to look for debris on the floor at that time. The company policy trained each employee with the sole responsibility of always inspecting the premises and sales area and to promptly pick up anything that might present a dangerous condition to customers. The plaintiff, or injury party, won the slip and fall trial, and the losing party (the discount store) appealed the decision to the Louisiana Court of Appeal that agreed with the first court that the discount store had a "twofold duty to inspect and correct dangerous conditions that might present hazards to patrons." The courts found that the store's failure to conduct regular inspections of the sales floor did not meet this crucial level of care. This appellate decision was handed down in 1986.

So the duty of the business owner is real clear; and it is the basis or foundation of a good risk-management procedure and policy. Where most retail store owners have instituted safety programs and the like, the emphasis as always been for customer safety which is based on maintenance, repair, and inspection of the premises. The inspection aspect of this never-ending duty is by far the most important and goes to the heart of notice of the danger that caused the slip and fall.

The above case example was inspired, in part, from earlier court cases that helped to formulate the so-called "Louisiana Rule" which helps to shift the burden of proof to the business owner requiring him or her to prove that his or her activities of inspection or maintenance of the premises are both adequate and reasonable. These arguments help me in my San Diego slip and fall law practice. In my demand packages for settlement I always focus on what the store or business owner could have done to make the danger known or abated (eliminated).

Sweep Logs | Establishing Notice of a Store Owner on a CA Slip & Fall Case

Thu, 17 Feb 2011 08:00:00 EST

The law in California has clearly established the business owner's duty to inspect, maintain and make safe the business premises; especially if any hazard or defect is found on the premises. This is to protect the public, patrons, or customers from any potential slip and fall accidents. For this to be effective, the inspections must be done frequent enough to recognize in a reasonable way any hazards so the can be identified, and proper clean up action completed. Usually a store owner will do hourly sweeping and intermediate inspections of the general sales area; they will store this information in what is called a sweep log. When this follow up system of keeping and maintaining a good sweep log breaks down, then slip and fall accidents unfortunately happen! The sweeping records, sheets or logs are the only practical means in California, and in every state in the United States, of determining that safety inspections have occurred according to the company or retail store's internal safety policy. These sweeping logs have become extremely effective in establishing the elusive constructive notice of a business owner towards a floor hazard.

Let's take a look at the following SLIP & FALL CASE:
A well-known supermarket chain implemented a new safety program that substantially reduces the chances of patron related injury slip and fall claims. Part of the safety program consisted of hourly sweep logs of the entire floor of the store, half-hourly sweeping of the front lobby and vegetable department, twice hourly inspection by primary management personnel who are well trained on hazard control, and the use of customer safety mats in high traffic areas of the produce department and near the entrance way of doors. Every sweep is mandatory to be logged in the sweep log or sweep sheets using an electronic time clock. The sweeping sheets were to be periodically reviewed by the store manager and risk management personnel; and this intense, and detailed safety program proved to be very effective in reducing the number of customer slip and fall accidents and gave the store an excellent defense to the few claims that were litigated in a courtroom.

In this particular slip and fall case, the plaintiff was walking by an instant beverage display when she actually slipped on some powdery film from a drink mix that leaked from one of the instant beverage packages; the actual powder was visible on close inspection but somewhat difficult to see on a casual glance, and it made the floor very slippery. Upon a close exam of this stores diligent sweep logs or sweep sheets it showed a gap of approximately one hour and 44 minutes between sweepings...and store managers all testified that all the normal inspections and safety walk throughs were timely completed; thus, the defense lawyers defended this case on "lack of notice of any danger." However, the defendant store could not come up with a reasonable explanation of the missing sweep note for the gap prior to the slip and fall accident, except that an employee who would have been responsible for notating may have simply forgotten to put the notation in the sweep log. After testimony of the mangers, and employees, the jury eventually found that the defendant store would have known about the beverage powder being on the floor had it followed its own diligent sweep logging methods for inspection and sweeping.

Thus, the "death knell" of the above case example was that gap in time in the sweep log and the jury found the store breached its duty of due care to the injured party. The plaintiff could then establish constructive notice of the danger and win the case. Keep in mind, in other similar cases where the store had no gaps of time in the sweep log, the plaintiffs could not establish the same constructive notice arguments. The business store owner's duty to the customer doe not require super extraordinary care or effort in slip and fall injury and accident prevention; it only requires a reasonable standard of care!

Three Ingredients to a San Diego Slip and Fall Injury: Shoes, Floor & Person

Wed, 16 Feb 2011 08:00:00 EST

Whenever you are dealing with a California slip and fall injury accident, you always have the same three ingredients: the victim's shoes, the floor, and the person (slip and fall victim). The injured person needs to be able to narrow down the causes or issues of the accident in concise terms. Usually, the injured person needs or retain expert testimony to eliminate one or more of these elements as a substantial contributing factor as to why they slipped and fell; to this end, lets examine each ingredient in more detail:

The Victim's Shoes:
Whenever possible on a slip and fall injury case that moves to trial, you should allow a retained expert to examine the shoes worn by the injured slip and fall victim so they can be eliminated as a potential cause of the slip and fall accident; or, in the alternative, to create enough evidence that can serve as the basis for a potential product defect liability action. Perhaps the expert could generate enough evidence to have a legal action against the manufacturer of the shoe or the shoe retailer. For example, I have heard of the new "shape up" shoes causing some walking and gait issues for elderly people. Keep in mind, some sole and heel materials are also inherently slippery, and to this end, defective, regardless of the condition of the floor surface. Remember that every slip and fall case should be evaluated as a potential products defect case; however, most everyday shoes are not defective so the physical characteristics of the shoes should be carefully evaluated so they can be ruled out as a contributing factor to the cause of the slip and fall accident. I still have my eye out on these new "shape up" shoes that seem to be the fad at the moment.

The Floor Surface:
Keep an eye out for lack of adequate traction as this appears to be the most common cause of slip and falls in most retail stores. A wet or contaminated surface can also substantially reduce the amount of available potential traction and thereby creating a slippery condition. Just like an accident waiting to happen. Testing and measurements of the floor should be done on slip and fall cases that will have this as their main theme. The slip and victim has to show that the floor surface was dangerous under the conditions existing at the time of the slip and fall accident.

The Slip and Fall Victim/Person:
In the majority of slip and fall injury cases, the injured person falls victim if you will to the slippery substance or hazardous condition while doing things or shopping inside a retail store; those things are usually reasonable and more importantly, foreseeable. Sometimes, however, most or some of the blame lies with the slip and fall victim. Yes, that is correct; not all slip and fall cases are innocent victims. A reasonable and sometimes effective defense point is that the customer acted or reacted in an imprudent or not reasonable manner, such as climbing over displays, running inside the retail store, climbing over merchandise or simply failing to heed or acknowledge warning devices or signs. Similar to the legal burden placed on the storeowner to prove that he or she acted or did things in a reasonable manner for safety and maintenance of the retail store, so too the slip and fall victim should be able to show that his or her activity level was not only reasonable but r easonably foreseeable under the circumstances.

Supermarket or Retail Store Duty in a San Diego Slip and Fall Case

Wed, 16 Feb 2011 08:00:00 EST

The supermarket or retail store has a duty to maintain its premises in a such a manner that it does not create an unreasonable risk of harm to the patrons or customers. It must, under California law, exercise ordinary due care under the circumstances of the slip and fall to minimize the commonly occurring slipping hazards (which caused the fall in the first place!). Industry standards create the bar by which the activities of the at fault party are measured. The supermarket or retail store industry has adopted inspection and maintenance procedures which are designed to minimize these hazards.

Under some recent cases, that help shape slip and fall injury law, if the at fault party (supermarket or retail store owner) does not conduct regular and frequent inspections of his or her business premises, the courts will permit the assumption the assumption that the hazard or slippery substance leading to the fall injury was in place a sufficient length of time for the defendant to have reasonably corrected or abated the hazard. This definitely benefits the slip and fall victim.

As I have continually blogged and posted articles on, the slip and fall victim must show that the hazard or slippery substance that the victim slipped on was the result of the activities of the at-fault party (supermarket or retail store owner) or the failure to act was the result of the at fault party's breach of his or her duty to reasonably maintain the business premises in a reasonably safe manner. This proof or evidence usually requires an expert to establish the custom and practice of the industry, to document the existence of the hazard and to establish reasonable and necessary safety procedures for inspection and maintenance of the supermarket or retail store premises. Under some instances, the burden of proof shifts to the at-fault party. For example, most modern interpretations require the at-fault business store owner to prove that he or she exercised reasonable care in the maintenance of his or her business premises. The at-fault business owner now has to present evidence that inspections and cleaning were done on a frequent and adequate basis, that the defective condition of the floor did not result from any negligent act of the at-fault business owner or his employees, and, more importantly he or she did not have any actual or constructive notice of the hazard.

The Notice Element in a San Diego Slip and Fall Injury Case | What to Know

Wed, 16 Feb 2011 08:00:00 EST

The Notice evidentiary element is by far the most critical element in a San Diego slip and fall injury case that needs to be established as soon as possible in a case. Without the crucial notice evidence, there is very little hope of success for a slip and fall victim. The existence of the hazard or slippery substance is next in importance. For example, an expert may be needed and retained to establish that under normal use conditions the floor surface is slippery and that special precautions would be necessary to render the floor reasonably safe.

The At-fault Retail Store or Supermarket Owner Has a Duty to Inspect
Here is one example: A female customer was shopping at a general discount store when she slipped in a puddle of spilled white yogurt next to a refrigeration unit and suffered very bad injuries to her knees, including ligament tearing. About six months later, the customer filed a lawsuit against the discount store for bodily injuries. During trial, the customer testified that she did not notice whether the puddle of yogurt was fresh or had a smell to it, odorous, or whether it was warm or cold. She could not present evidence showing just how long the yogurt had been on the floor surface. Nonetheless, customer claimed at trial that because evidence showed the owner had not inspected the floor in a reasonable period of time prior to the fall injury, a jury could infer or assume the puddle was on the floor long enough for the store employees to have discovered it and cleaned it up.

The customer's retained maintenance expert concluded that he found no direct evidence of indicating just how long the puddle of yogurt had been on the floor before the customer fell; however, he did make the opinion that this discount store and similar ones should implement three basic management tools relevant to flooring maintenance:

1. Accountability (the name of the person who performs the inspections should be identified by the store owner);

2. Frequency (management should know how often the floor is inspected); and,

3. Verification (a written record or some other form of verification, like a sweep log, should be presented to management).

A former store manager testified at trial that although the store keeps no written inspections records (sweep logs), all store employees are well trained to look out for and clean up any spills or other hazards on the floor. He also stated that several employees work in the pantry aisles next to the yogurt section refrigeration unit, and that an employee usually walked the aisle where the customer fell every 15-30 minutes. When he was asked whether the yogurt could have been on the floor for 10 minutes or three hours, the manager testified that it would be difficult or nearly impossible for anything to be on the discount store's floors for more than 15 or 30 minutes. He did admit that the yogurt could have been on the floor for as long as two or three hours. On the day of the fall injury, the manager testified that management would not have any idea if the aisle where the fall happened was inspected at any time during that day. The discount store claimed that the injured party failed to carry her burden of showing the yogurt puddle existed for a sufficient time to establish constructive notice to the discount store.

Here is the result: the jury found for the injured party and the verdict was appealed to the California Supreme Court; there, the Supreme Court found that the injured party could be relieved of her burden of showing how long the yogurt was on the floor if she demonstrated the site or aisle had not been inspected within a reasonable period of time! This was the holding of the 2001 Ortega v. Kmart Corp legal case. Another victory for California slip and fall victims!

Absence of a Hazard in a California Slip & Fall Injury Case | San Diego Firm

Wed, 16 Feb 2011 08:00:00 EST

On occasion, a California slip and fall accident and injury can occur when there is no obvious hazard; the floor is dry and clean, free of any dangerous debris. Usually, slip and fall victims of this type of injury fall allege the floor was so dangerous due to it being over polished and shiny. Modern commercial cleaning waxes can have high coefficients of friction when it is properly applied to a floor surface leaving small chance of a customer or someone slipping and falling down. However, take the real world case as an example of the hidden hazard:

The injured person and a friend were shopping in a large supermarket chain when the injured person was injured by slipping and falling while walking toward a store display sign; just prior to the fall and subsequent injury, the injured party did not see any hazardous material on the floor and had no idea to think the floor was even slippery at all. Yet, after the fall, he did notice in passing that the floor surface was extremely shiny and looked like it had just been highly polished by a machine. No witnesses to the injury could confirm anything related to the floor's appearance or condition nor any presence of hazardous substances. This supermarket did maintain sweep logs and so competent witness testimony indicated the floor had been recently swept and inspected within the hour prior to the fall injury.

The injure party filed a lawsuit in California court based on a theory of negligent maintenance of the floor, and to establish the existence of the hazard, the injured party relied on her observation that the floor looked shiny and appeared to be at a very high polish level. After the defense lawyer officially answered the injured party's California slip and fall lawsuit, some discovery was issued and the, surprise, surprise, the defense lawyer filed a summary judgment motion. This means the defense is asking the judge to dismiss the case based on certain things. The judge in this case agreed, and so did the California appeals court! However, here is why: the injured party, on these facts, failed to establish a hazard. You see, there was no offer of evidence that the floor was actually in fact slippery; in prior depositions, the eyewitnesses including the employees of the supermarket all testified that they did not see the floor look slippery or seem slippery and they had no difficulty in walking or negotiating the floor surface themselves. The California court reasoned that the mere fact the injured party thought the floor appeared shiny and slippery, or just recently polished to a high shine polish was insufficient proof that the floor was in fact unreasonably slippery. If the slippery condition could not be seen by others, and then recognized, or even measured, then the supermarket could not be held at fault because it could not have any reasonable opportunity to take any remedial measures to abate or eliminate the hazardous condition.

Control of the Premises in a Slip and Fall Injury Case | San Diego Injury Firm

Tue, 15 Feb 2011 08:00:00 EST

Since duty in a slip and fall negligence case attaches to the management of the property where the slip and fall occurred, an issue will arise as to the control of the premises. A landlord may have control over the common areas of an apartment complex, but not over the interior of individual dwelling units. In the same context, the tenant of an apartment building will not have control over the common areas of the apartment building. Thus, in the analysis of a San Diego slip and fall case, it is necessary to decide whether the at fault party had or should have had control over that portion of the premises where the slip and fall accident happened. That is the question of the entire injury case.

Naming Potential Parties to the Slip and Fall Lawsuit | Control of the Premises

The manager of the apartment building, or the owner or agent of the premises is probably a proper party to the eventual lawsuit, should one ever be necessary. You should also consider naming the tenant if there is likely to be a question of control of the premises; also, the builder of the property may also be a proper party if the defect is an integral part of the apartment building, since the builder likely had control of the premises when the defect occurred. California carries a 10 year statute of limitations for injuries due to "latent defects" (or defects not easily seen upon reasonable inspection). This is different from a "patent defect" which is an open and obvious danger. However, when the possession of the building passes from the builder to the property owner, and the building is accepted by the property owner, then the builder's liability is limited to only latent defects that cannot be readily determined or identified by the property owner.

Latent Defect v. Patent Defect

Under common law, the builder's legal liability is extinguished to third parties when the owner has accepted the building. This exemption does not apply to those hazards that are latent in nature. The context of patent defect "refers to the patency of danger and not merely the exterior visibility." While the condition may be patent, the danger may not be known or appreciated by the reasonable person, therefore it is considered latent. Some model codes, such as the Uniform Building Code at Section 3402 or the International Building Code at Section 3401.2, require that the owner of the property or his or her designated agent be responsible for the care and maintenance of a building or structure. This obligation may apply even though the property owner does not have possession and control.

What is interesting in regards to control of the premises is in May 1996, the Second District California Court of Appeal extended the duty to inspect and correct building or structure defects even further. In Lopez v. Superior Court, 45 Cal. App. 4th 705 (Cal. App. 1996), a non-possessory landowner moved for summary judgment based on a lack of notice and lack of possession of the demised property/structure. The court held that the landlord was not entitled to summary judgment since he had reserved the right to enter the premises at any time. A landlord owes a duty of care to a tenant to provide and maintain safe conditions on the leased premises.This duty also extends to the general public. The court went on to find the hazard was due to a common condition (produce on the floor of a market) and the reserved right of the landlord to inspect also fixed a duty to abate or stop reasonably foreseeable hazards or dangers on the floor.

You see? Control of the premises is a very important question in a California slip and fall case. The question will always come down to who had the better position to inspect for reasonable dangers that are easily seen or not so easily seen. It is the owner of the property number one, and then who had control of the premises? The above is the journey a California court would take in a slip and fall case.

Duty of Ordinary Care in a Slip and Fall Injury Case | San Diego Injury Law Firm

Tue, 15 Feb 2011 08:00:00 EST

To establish the level of duty owed, the California courts require two items:

1. Reasonable management of the property where the slip and fall injury occurred;

2. The foreseeability of the injury;

Most jurisdictions require that the landowner use the level of care of an ordinarily prudent adult to prevent an unreasonable risk of harm. Under this legal rule, the custom and practice of industry is often used to establish ordinary care. As an example, abrasive admixtures added to exterior paint on walkway surfaces is ordinarily used in apartment complexes to reduce the risk of injury on wet walkway surfaces. Strict interpretation of the above rule would require the finding of negligence (at legal fault) unless abrasive substances or materials were used by the owner on the exterior walkway surfaces exposed to rainfall or other potential sources of moisture. A survey of similar buildings or structures in the area of the slip and fall injury will show if other property owners have taken similar precautions to reduce or eliminate the hazards found in the subject injury case. This is important especially on slippery surface cases due to rain.

Another interesting point is the totality of circumstances to argue or determine ordinary care. Imagine two different locations: the first location is a rural store with wood plank porches and rustic railings, and the second location is a convalescent home that caters to the rehabilitation and care of the disabled and elderly. The demographics and conditions of use, and the amount of traffic would all have to be considered. Many, if not most, of the people using the walkways of the convalescent home have a greater difficulty in maintaining their balance or walk gait in the event of an accidental slip. However, patrons or customers of the rural country store would consist of a more balanced cross section of the general population. To this end, the owners of the convalescent home would likely be required to take reasonable precautions to do their best to eliminate all potential or possible slip and fall hazards, and not just those that create an unreasonable risk of harm. That would be the difference, and that would be how a court would look at the difference.

What about existing harms or dangers? Most safety engineers will state that any existing risk of harm that could have been reasonably prevented is an unreasonable risk of harm in a slip and fall injury case. There are however, practical limits to this general rule of thumb. Many defects may present a low level of risk, but the cost and practicability of removal is unwarranted from an economic and a risk-benefit analysis. A majority of states follow the "trivial defect doctrine" which provides a defense argument to public (government) entities for slight or minor defects in slip and fall or general injury (liability) cases.

Hazards & Debris on Floors & Sweep Logs | San Diego Slip & Fall Accidents

Tue, 15 Feb 2011 08:00:00 EST

The basis of California slip and fall law stems from proving a property owner breached a duty owed to the injured slip and fall victim. Injured parties used to be faced with frightful burden of proving both breach of duty and notice. Over time, the courts have eased the injured parties' burden in regards to this burden (rightfully so too in my opinion). A 1954 California case called Hale v. Safeway Stores held that frequent inspection of the sales areas in markets was necessary and that 12-15 minutes between inspections would not be unreasonable.

The Rise of Sweep Logs:
However, other jurisdictions have adopted a similar rule holding that the foreseeability of the circumstances would create a condition that could pose a danger to the patrons. As a result of the number of lawsuits filed over the years and as a means of providing a reasonably safe shopping environment, supermarket and grocery chains developed safety procedures through which hazards could more quickly be identified and abated (if possible). Thus, this effort led to the rise of sweep logs which many retail stores use today. A sweep log identifies the time and routine an aisle or portion of a retail store's floor is inspected for hazardous debris. The sweep log can also be admitted as evidence into a slip and fall trial, if need be, to prove no notice or notice of hazardous condition and the retail store's failure to remedy the hazardous condition.

Critical Elements of a San Diego California Slip and Fall Accident Case:
As you should know, there must be some type of hazard if a negligence action is to succeed. Wet or contaminated floors are the most common cause of supermarket slip and fall accidents. Merchandise or debris on the floor is often alleged to be the accident cause; structural failures and defects in the walkway surface come in at a distant third too. Most often, the hazards are self-documenting and do not require expert testimony at trial to establish the existence of a hazardous condition. For example, spilled cooking oil or grease on a smooth floor or surface creates an undeniably super slick or slippery surface condition. Common sense will tell a jury member that without hesitation! Liquids, vegetables, fruits, and other debris fall into the same general category, and while testing the floor surface is helpful in a slip and fall case, its importance is secondary to establishing notice.

Notice is simply the main theme or issue in nearly every California retail store slip and fall injury case; it is just the way it is here in California. Since actual notice is rarely supported by the facts of an injury case, constructive notice must be established by the injured slip and fall victim. This is most often done through expert testimony at trial. If an injured party cannot prove actual notice, constructive or implied notice, or cannot show that the retail store owner did not safely maintain his or her premises through regular, frequent and competent inspections or cleanings, there there is little hope for success on a California slip and fall injury case!

Chula Vista Parents sue Disney in Orlando Florida for Nacho Cheese Burns

Mon, 14 Feb 2011 08:00:00 EST

This news article comes from a reporter at USA TODAY. Remember the 1994 "hot coffee lawsuit" in which a jury awarded an elderly New Mexico woman nearly $3 million (later appealed and settled for an undisclosed sum) because she was injured by a cup of java at a local McDonald's? Enter the "hot nacho cheese lawsuit."

A Chula Vista. Calif. couple filed suit against Walt Disney Parks and Resorts this week, claiming their 4-year-old son received severe burns during dinner at Orlando's Magic Kingdom last March. According to the family's San Diego-based attorney, Sean Cahill, Isaiah Harris was injured at Cosmic Ray's Starlite Cafe when a paper cup of scalding nacho cheese splashed on his face after he'd grabbed a food tray to keep from falling out of an unsteady chair. The suit claims the child suffered "permanent scarring, pain and suffering" as a result of the burns, and his parents, Michael and Maria Harris, suffered "serious emotional distress." "The cheese should not have been that hot," said Cahill. "Nobody has a reasonable expectation that it be served at a temperature causing immediate and severe burns on contact."

When asked for comment Friday, Disney issued the following statement: "It's unfortunate when any child gets injured. We just received notice of the lawsuit and we are currently reviewing it."

I did see photos of the burn and they look bad - they are located around the mouth (upper part). I will try to track this lawsuit and see how it proceeds in the courts. I do not know when the accident happened - normally an attorney would want to send out a demand for settlement after all medicals are obtained to see if a lawsuit would even be necessary. I am not sure how this claim has navigated through the claims process prior to lawsuit being filed.

ERISA Subrogation Rights on a California Personal Injury Settlement

Mon, 14 Feb 2011 08:00:00 EST

On May 15, 2006, the United States Supreme Court decided the Sereboff v. Mid Atlantic Services, Inc., 126 S. Ct. 1869, 164 L. Ed.2d 612, authorizing ERISA plans to enforce reimbursement provisions against plan members for health care expenses recovered in personal injury cases. The court there held that actions for reimbursement proceeding under a constructive trust or equitable lien theory constituted "appropriate equitable relief" available under 29 U.S.C. Section 1132(a)(3). The court rejected the Sereboffs' claim that the make whole rule should apply to the plan's claim, which was essentially for equitable subrogation, as follows:

...but Mid Atlantic's claim is not considered equitable because it is a subrogation claim. As explained, Mid Atlantic's action to enforce the "Acts of Third Parties" provision qualifies as an equitable remedy because it is indistinguishable from an action to enforce an equitable lien established by agreement, or the sort epitomized by our decision in Barnes. See 4 Palmer, Law of Restitution Section 23.18(d), 470 (A subrogation line is not an express lien based on agreement, but instead is an equitable lien impressed on moneys on the ground that they ought to go to the insurer. Mid Atlantic need not characterize its claim on a freestanding action for equitable suborgation. Accordingly, the parcel of equitable defense the Sereboffs claim accompany any such action are beside the point. Id. at 623-624.

The above holding is an enigma because it invites speculation on the court's intent. The court could have decided the case on much clearer and more narrow grounds simply by noting that make whole was not a defense because there was a proper waiver of the doctrine in the plan's reimbursement provision. This holding appears to suggest that make whole could not be a defense to an equitable lien theory. However, in footnote 2, the Supreme Court expressly refused to decide the issue of whether a plan seeking reimbursement without regard to the make whole rule was "appropriate equitable relief" under ERISA because the Sereboffs had attempted to raise that issue for the first time in the Supreme Court.

The reason that the Supreme court's refusal to decide the precise issue of whether seeking reimbursement without regard to the make whole rule constitutes "appropriate equitable relief" under ERISA is significant is that it preserves the Ninth Circuit's application of make whole in ERISA cases. The Ninth Circuit has adopted the make whole rule as fully applicable to ERISA cases. In Barnes v. Independent Auto Assn. of CA H&B Plan, 64 F.3d 1389 (9th Cir. 1995), the court noted that the make-whole rule was consistent with "ERISA's purpose of protecting participants...in plans" and "compatible with the remedial principles of ERISA" (Id at 1394-1395) and held as follows:

We adopt as federal common law this generally accepted rule that, in the absence of a clear contract provision to the provision to the contrary, an insured most be mad whole before an insurer can enforce its right to subrogation. 64 F.3d at 1395 (emphasis supplied)

The fact that the make whole defense survives the Sereboff decision is illustrated by the recent published decision of a district court in Washington state, Providence Health System v. Bush, 428 F. Supp.2d 1226 (2006). There, the court followed the above referenced 9th Circuit decision in Barnes, requiring the ERISA participant to be made whole before the plan was entitled to recover the first dollar in reimbursement. This case was decided six months after Sereboff and rejected the plan's reimbursement claim despite the fact that the plan provision purported to allow the plan to recover 100% of the amounts expended for medical care. Consequently, until there is further clarification from the Supreme Court, it appears that the make whole doctrine remains a complete defense to subrogation or reimbursement actions under ERISA where there is no waiver of make whole in the health plan.

ERISA Subrogation | California Cases & Private Insurance | San Diego Injury Cases

Mon, 14 Feb 2011 08:00:00 EST

California law (make whole doctrine, and common fund doctrine) applies to private insurance as well as to insured ERISA plans. Despite ERISA's broad preemption provision in 29 U.S.C. 1144, the "saving clause" in the same section preserves to the states the power to regulate insurance. Notably, the California approach to the make whole rule appears identical to the federal rule. California courts are holding that the insured most be fully compensated before an insurer can recover under its subrogation provision. Any citation to state authority should include Chong, because it is a federal diversity case applying California law.

In recent California cases, the court is engaging in lengthy discussions of the make whole rule. The courts are noting that subrogation has its source in equity and arises by operation of law and that the geenral subrogation provisions of most insurance contracts "add nothing to the rights of subrogation that arise as a matter of law." Courts also notate the fact that "the insurance company may not assert its subrogation claim directly against the third party tortfeasoer on its own behalf."

It is questionable whether trial courts would countenance health insurance insurance carriers intervening in personal injury cases where the make whole rule appeared to defeat the carriers' claims entirely. Only time will tell.

The California Slip and Fall Victim | San Diego Trip and Fall Law Firm

Mon, 14 Feb 2011 08:00:00 EST

The plaintiff's attorney for a California slip and fall victim must effectively present the victim of the slip and fall accident, who is quite frequently the only witness to the incident. (Interestingly, with the advent of technology, more and more of my clients are able to use their cell phone camera modes to video tape what happens after a slip and fall including witnesses). Remember, only the victim can best describe the conditions of the walkway surface and those events occurring immediately before the slip and fall accident. To succeed at a slip and fall trial, the credibility of the victim is extremely important. To ensure that credibility will not be a problem, every detail of the slip and fall accident must be explored with the client.

Yes, there is a reason for every fall that causes injury. The reason may not be obvious either, but nonetheless it still exists. The more the slip and fall client knows of the conditions and facts that led to the slip and fall accident, the easier the task of determining its cause. A good slip and fall lawyer should ask his or her client to explain every action just before the accident and what happened during the fall. This can at times prove to be difficult for the client to recollect, but it is still very important. In the beginning of an attorney interview with a potential slip and fall client, the attorneys should have the slip and fall victim explain the facts in a narrative form, such as the following:

Okay, I was shopping at the XYZ market, and I had been shopping for about 20 minutes; I noticed my shopping cart was about half full, and I was walking from the vegetable department toward the meat department when I turned down the main aisle in the medicine department. I was then pushing my shopping cart and all of a sudden my right foot slipped forward. I was not able to hold on the the shopping cart and I fell, landing square on my buttocks. I saw and felt some sort of white cream substance under my legs and on my right shoe.

A good slip and fall lawyer will then develop a general picture of what happened, and then he or she can generate some questions (more specific questions). Remember, it is important that the victim goes over each fact of the slip and fall accident as soon as possible. Memory is more fresh in the head soon after something occurs, not to mention witness testimony and contacts are easier to obtain. The victim should restate facts as they are remembered rather than during some later reconstruction.

The Hazard that Causes a Slip and Fall | Causal Link | San Diego Injury Firm

Mon, 14 Feb 2011 08:00:00 EST

In most California slip and fall cases, some physical feature or condition is a major contributing factor in the injure party's fall. The hazard may be as simple as water on the floor of a supermarket or as complex as a subtle variation in the riser height of a step in a stairway. In each case, something caused the injured person to fall down. Of the slip and fall cases I have interviewed and investigated, I have found that usually some physical feature of the premises (the flooring or environment) was a substantial contributing factor in over 60% of the slip or trip and fall cases. Please keep in mind that this percentage does not rule out more than other factor (proximate cause) of the slip and fall accident.

There should be careful consideration of the bio-mechanics of the injured party's fall; usually, with this careful consideration, the identity of the hazard will reveal itself. On some occasions, there is no apparent explanation for the manner or bio-mechanics of how the fall occurred. In these types of cases, it is necessary to look at the causative factors not associated with the premises. Among some of these factors to look out for includes the state or repair and style of the injured party's shoes. In my slip and fall injury practice, I always ask my client to save their shoes (preserve them) for evidence until the claim has resolved. Another fact to look at is the injured party's age, and mental state at the time of the slip and fall accident. Different standards can apply to children falls and falls of the elderly. Also, consider the injured party's gait and manner of walking, including any physical disabilities or impairments suffered by the injured party, and even outside intervening conditions or events that could have caused the injured party to generate unusual moving forces or walking. You have to think outside the box on slip and fall cases, and this means you need to consult with experienced legal counsel so you can make an informed decision on your specific injury case.

Permanent Disability under San Diego Workers Compensation Laws | Injuries

Sun, 13 Feb 2011 08:00:00 EST

The term Permanent Disability simply means an injured California worker has any lasting disability to a particular body part or parts that results in a reduced earning capacity or ability to work in the specific field that was part of the job in which the injured worker was injured. If your work related injury or illness results in permanent disability, then you are entitled to what the California Labor Code calls permanent disability (PD) benefits or PD benefits for short, even if you are able to go back to work after you recover from your work related injury. PD benefits are also based on your Allowable Weekly Wage (AWW) and are subject to maximum and minimum limits in California. Simply said, the AWW is the amount of income the employee or injured California worker earned per week at the time of the work comp injury or work related illness.

The Permanent Disability Process for a California Work Comp Case:

As you go through your work comp medical care, there will be a time at some point that your Primary Treating Physician (PTP), or depending on your work comp case, your Qualified Medical Examiner (QME), or your Agreed Medical Examiner (AME) will declare on the medical record that you have reached a Permanent and Stationary” (P&S) or “Maximum Medical Improvement” (MMI) status. At this point, the doctor will determine your percentage of Whole Person Impairment” (WPI), and he or she put this down in a comprehensive P&S medical report.

The Permanent Disability Formula for a California Work Comp Case:

This WPI percentage must be processed through a formula, set by California state law, resulting in a calculation or “rating” of your permanent disability, expressed as another percentage. The formula used by California is the American Medical Association 5th Guidelines. This PD rating percentage will then correspond with a certain number of weeks of PD benefit payments, assigned by California state law. Ultimately, your PD value will be the foundation for settling your worker’s compensation claim or for an award for settlement from a Worker’s Compensation Judge (WCJ) if you should take your case through a San Diego work comp trial.

Other Considerations:

In some California work comp cases, if the WPI results in a PD rating that does not accurately reflect the actual extent of your disability, you may seek an adjustment to your PD rating that takes in to consideration a diminished future earning capacity in addition to disability. This process will require good legal counsel so you can make an informed decision about your legal options at that point. In other California work comp cases of severe permanent disability, you may be eligible to receive a life pension payment in addition to your regular PD benefit. A life pension work comp case carries an entirely different claim value than one without it. If you are unable to return to your usual and customary work after your work comp injury, your employer will have the opportunity to offer you a modified or alternative job with physical requirements that are within any permanent restrictions you may have from your injuries (these limitations are duly documented by your work comp doctor(s)). If your employer is not able to offer you any such work, then you may be entitled to a voucher which you can use to pay for training in a new and different line of work.

Multiple Levels of Permanent Disability in a California Work Comp Case:

Sometimes it is not uncommon or unheard of for your case to result in more than one determination of PD. Different body parts can be affected differently from a work comp injury. You may have one level of PD determined by your PTP, another by a QME, and yet another by an AME. This type of work comp injury case can quickly become confusing ad it will then be up to you to decide how to proceed as far as settling your claim or taking your case to a San Diego work comp trial. Generally, settling a claim where there is more than one determination of PD may require a compromise by both you and the insurance company as far as which PD rating to rely on for settlement value and settlement purposes. To this end, deciding to take your case to a San Diego work comp trial will require a careful assessment of the likelihood of which determination of PD the work comp judge (WCJ) will rely on in rendering your trial award or value. Unlike a conventional settlement, a WCJ cannot choose a compromise among different assessments of PD. In place of this, a WCJ must choose the findings of one and only one doctor upon which to base your entire San Diego work comp award.

Medical Care and Your San Diego Workers' Compensation Case

Sun, 13 Feb 2011 08:00:00 EST

In the California workers’ compensation system, as an injured worker, you have the right to receive medical treatment that is reasonably required to cure or relieve the effects of your work related injury or illness, at the expense of your employer (your employer pays the insurance premiums to have work comp insurance which is required by California law). This medical care or treatment includes all necessary medical examination, diagnostic, surgical, chiropractic, acupuncture, and other hospital treatment along with any necessary nursing care, medication, crutches, orthotic and prosthetic devices, and other medical services that is directly related to the work related illness or injury. The work comp claims adjuster will review your injury claim and if your work comp claim is then denied, you will need to file for a hearing at the San Diego Workers’ Compensation Appeals Board in order to ask or motion the court for further medical treatment for your work related injuries.

If your San Diego work comp claim is accepted by the insurance adjuster, then you have the right to select a doctor to be your Primary Treating Physician (PTP). In San Diego, the insurance company will have a network of doctors called a Medical Provider Network (MPN), and if so, you must choose your PTP from this network which is located in the San Diego Work Comp Appeals board building (second floor). If the work comp insurance claims examiner happens to dislike the doctor that you selected, you may be referred to a Qualified Medical Examiner (QME) for a second medical opinion on behalf of the work comp insurance company, or you may be offered an Agreed Medical Examiner (AME). You really should have legal counsel at this point to go over your options for your specific work injury case.

The AME is a medical doctor selected jointly by you (with your work comp lawyer) and the insurance company. This type of selection requires participation by the injured worker, and California law only allows this option if the injured worker is represented by an attorney in order to protect injured workers from getting tricked into selecting an unfavorable AME by unscrupulous insurance adjusters. This is one of the many protections California law allows an injured worker to take advantage of in their specific work comp case. You should know that selecting your PTP is one of the most important choices you will have to make in your worker’s compensation claim anywhere in California. This is important because you obviously want to receive the best medical treatment for your injury, but also because the majority of your other worker’s compensation benefits will be based on the opinions and reports from your PTP. Your PTP will also determine if and when you can go back to your employment and in what capacity which means to what degree any job restrictions may be placed on you given your particular work injuries. Thus, you really want to make sure to pick the best treating physician for all of your medical needs because it affects you both medically, number one, and legally number two. Your work comp attorney can go over the many details involved with this important choice on your work comp injury case.

But Wait, It Does Not Stop Here:

However, the San Diego workers' compensation legal and medical battle does not stop there, selecting the correct PTP is only half of the battle in terms of getting the necessary medical care. More specifically, once you have selected your medical doctor for your injury case, and the medical doctor recommends an appropriate course and scope of medical treatment for you, the work comp insurance company then has the right to submit these recommendations for an outside review before they agree to pay for the treatment. Remember, it is about review, delay and deny with insurance companies, and if they can find a way to legally delay and deny the will most of the time do it because they usually place profits ahead of what is best for you medically speaking. This work comp insurance review process is called an “Utilization Review” (UR), and is conducted either by the work comp insurance company itself or by an outside company that is paid by the insurance company. Thus, it is common for a UR review of the treatment recommended by your own medical doctor to end up with the result of a quick denial of that treatment by the insurance company. Delay, deny, delay, deny becomes the mantra at this point. However, do not despair - you need a good work comp attorney to navigate this legal and medical process. Also remember, included with your legal rights to medical treatment is the right to be reimbursed by the insurance company for the distance you travel to get to and from your doctor’s appointments. Also, if you are called for a deposition at at later date, you get mileage reimbursement for that too - but this is for a different blog posting. Just know that sometimes when you go through California work comp medical care, there can be both "hills and valleys," and you need a good work comp lawyer on your side to help navigate those "hills and valleys."

Origin of the Make Whole Doctrine | For San Diego Personal Injury Cases

Sun, 13 Feb 2011 08:00:00 EST

The make whole rule developed as an equitable defense to health insurance subrogation claims. Therefore, it is important for you to understand in your San Diego personal injury case. Under the rule, an insurance carrier seeking subrogation was denied any recovery until and unless the insured was made whole. This raised the issue of how one determines when an insured is made whole in order to apply the rule!

In 1996, Professor Roger Baron, in a law review article, suggested that the modern approach by courts was to take into account an insured's attorneys fees in determining whether an insured was "made whole" from a personal injury case settlement. However, this law review article only a single Montana case for the proposition. This approach was employed by the federal district court in a 2006 San Diego case called Chong v. State Farm Mutual Auto. Ins. Co., 428 F. Supp.2d 1136 (S.D. CA 2006) ; in that case, Judge Thomas Whalen held that an insured's attorneys fees and litigation costs in his personal injury case must be considered in assessing whether an insured is made whole. Judge Whalen stated,

for all of these reasons, the court concludes that the California Supreme Court would hold that, absent a contractual provision to the contrary, the make whole doctrine requires that a policyholder fully recover for her loss and litigation expenses, including attorney fees and costs, before a nonparticipating carrier can seek reimbursement from her tort recovery. Accordingly, plaintiff has sufficiently alleged that she was not made whole and that there was no surplus from which defendant could properly seek reimbursement. Id. at 1146.

Thus, under the Chong holding, before consideration of other bases fro an insured not being made whole, whenever the insured's attorneys fees and litigation coast are greater than the claim for reimbursement, reimbursement would be entirely defeated. As a trial court decision, Chong is not binding on any other court. However, since it is a published decision, it is properly citable and should be persuasive with any court applying California law.

Last But Not Least Regarding the "Make Whole Rule:"

In addition to the issue of attorneys fees and litigation costs, other common reasons for an insured not being made whole are: policy limit contraints, comparative negligence or liability problems in the personal injury case.

Avvo.com Legal Answers by Mark Blane to Real Injury Questions

Sat, 12 Feb 2011 08:00:00 EST