Los Angeles Injury Lawyer Blog

Our Los Angeles based personal injury law firm obtained a significant settlement for a ten year old pedestrian who was lucky to avoid wrongful death when a car hit him in a crosswalk in a very serious Los Angeles, California car accident, and he suffered significant damages. A settlement was also obtained for his father who suffered emotional distress from witnessing the accident and the terrible injuries to his son.

The boy suffered multiple personal injuries including fractures to his face, arms and legs when the car crashed into his body and sent him flying through the air, causing him to land forcibly on the asphalt street.

The father suffered severe emotional distress from watching the accident take place and the pain and suffering of his child.

The boy had accompanied his father and uncle when they were shopping for a new car at local car dealership. As they left the dealership they headed towards a crosswalk, to walk back to their car which was parked across the street. The crosswalk light was green when the boy and his uncle began to cross. The father who was behind them, was stopped before he entered the crosswalk by a man on the street asking for directions. The son who was halfway across the intersection while holding his uncle's hand had turned around and noticed his father was still on the sidewalk. He began to run back to his father, when a man test driving a vehicle from the dealership, intending to make a right turn on a red light, entered the crosswalk, and struck the boy right before his father's eyes.

The boy was lucky to escape death, but still suffered multiple fractures, and massive injuries to the bones surrounding his eye, which required reconstructive surgery.

We sued the driver of the car and the dealership (as the registered owner of the vehicle) for negligence. The boy had a claim for his personal injuries, and the father had a claim for negligent infliction of emotional distress. In California, a person may have a claim for negligent infliction of emotional distress if he is present and aware of an event causing injury to a close family member.

The driver and dealership claimed that the boy was negligent for running in the crosswalk, and that the father and uncle were negligent in failing to properly supervise the boy.

We took the depositions of the witnesses and all the parties involved to get all the facts of the accident. We then hired an accident reconstruction expert who inspected the accident scene, reviewed the depositions and concluded that the vehicle was speeding and failed to even slow down for the pedestrian.

Through our hard work and dedication we were able to convince the insurance companies for the driver and dealership that we were likely to obtain a big jury verdict if the case went to trial, and ultimately reached a very significant settlement for the boy and his father.

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Posted In: CAR ACCIDENT , MOTOR VEHICLE ACCIDENT

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PARAPLEGIA OVERVIEW
Both paraplegia and quadriplegia are conditions which result from injury or trauma to the spinal cord. Paraplegia is a condition where someone is paralyzed and cannot move their legs. Quadriplegia occurs when a person suffers paralysis in all four limbs: legs and arms. The spinal cord runs through the center of the vertebrae which are there to protect it. People can become paralyzed after an accident (such as a car accident or fall) where they break their back or neck. As the spinal cord is housed in the bones of the neck and back, a break to one of the vertebrae may result in spinal cord injury. Once the spinal cord is damaged, the brain has trouble communicating with various parts of the body.

CAUSES OF PARAPLEGIA
There are many causes of spinal cord injuries- the leading causes being accidents and illness. Types of accidents that can cause spinal cord injuries include: car accidents, motorcycle accidents, falls, and sporting accidents to name a few. The majority of people who have a spinal cord injury are young males, as they are the demographic who have a greater tendency to indulge in risky behavior. But people of all ages, and both sexes can be the victim of spinal cord damage. Once paralyzed, people generally need the aid of a wheelchair to be able to move around.

LOSS OF FUNCTION IN PARAPLEGIA
Spinal cord injuries are described by where on the spinal cord they have happened. Caregivers use letters and numbers to describe where your spinal cord is injured. There are eight cervical, twelve thoracic, five lumbar, and four sacral bones. So for example, if you have a “T5” spinal cord injury, that means that the damage to the spinal cord occurred at the fifth bone in the thoracic spinal cord section. Generally the level of function lost corresponds to the level in the spinal cord where damage took place. That means that people who suffer an injury to the upper part of the spinal cord have greater injuries and are most likely quadriplegics (or tetraplegics). People who incur injuries to the lower spinal cord are often paraplegic. Spinal cord injuries are also described as complete or incomplete. This refers to how much function (defined as movement and feeling) is left after a person has healed from the injury. A complete SCI means that a person has totally lost the movement and feeling below the injured level. An incomplete SCI does not cause total loss of movement or feeling.

WHAT TO DO IF YOU’VE BEEN INJURED IN AN ACCIDENT
If you or a loved one has been injured in an accident in California and are now suffering from paraplegia, you should contact a lawyer to learn about your rights. These types of accidents are life changing events, and you should have an attorney on your side, fighting for your rights. The Law Offices of Greenberg & Rudman LLP are experienced attorneys who can help guide you through this traumatic time. Please call us now for a free consultation at 1-800-ALAWPRO (1-800-252-9776).

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Posted In: BRAIN & SPINAL CORD INJURY , BUS ACCIDENT , CAR ACCIDENT , MOTOR VEHICLE ACCIDENT , MOTORCYCLE ACCIDENT , SLIP & FALL , TRUCKING ACCIDENT

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According to the U.S. Department of Labor, the most common causes of occupational injuries include sprains and strains followed by bruises and contusions, cuts and lacerations, fractures, heat burns, carpal tunnel syndrome, tendonitis, chemical burns, amputations, and other traumatic injuries. Sprains and strains were by far the leading cause of workplace injury accounting for a full 43% of days missed of work by employees. Work place injuries can be very serious and can cause workers to miss days of work or to even not be able to work in the future. If you have been injured on the job, you should consult with an attorney who can tell you your rights. If you are located in the state of California, please call us for a free consultation at 1-800-ALAWPRO (1-800-252-9776).

The jobs with the greatest number of injuries were laborers and material movers; heavy and tractor-trailer truck drivers; and nursing aides, orderlies, and attendants. Different types of workers generally suffered different types of injuries. Sprains and strains to the lower extremities or trunk due to overexertion or contact with equipment are injuries often seen by laborers and material movers, as well as heavy and tractor-trailer truck drivers. Nursing aides, orderlies, and attendants primarily suffer sprains and strains to their trunk or back due to overexertion related to lifting or moving patients. The leading cause of injury in every industry was sprains and strains, with 33 percent of these cases occurring in the trade, transportation, and utilities sectors, with an additional 19 percent in the education and health services major industry sector. Below are the leading causes of injury on the job:

Work injuries in 2003 (Percent)

Sprains, strains ( 42.9)
Bruises, contusions (9.0)
Cuts, lacerations (7.3)
Fractures (7.2)
Heat burns (1.5)
Carpal tunnel syndrome (1.7)
Tendonitis (0.6)
Chemical burns (0.6)
Amputations (0.6)
Multiple traumatic injuries (3.6)
Other (25.0)

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Posted In: BRAIN & SPINAL CORD INJURY , BURN INJURY , PREMISES LIABILITY

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When an employee gets a disability insurance policy paid by their employer, they cannot sue for bad faith in California as it is considered an ERISA benefit and the federal government preempts state law. However, if an individual pays for their own disability policy, and the insurance company refuses in bad faith to pay for the covered disability benefits, the insured can sue for the unpaid benefits and for what is called bad faith insurance. This is what happened to one of our clients. In our client's case, he had been paying for a disability policy for many years. He then had business trouble, and subsequently suffered a mental breakdown. He went to see a psychiatrist a few times who prescribed medicine. Our client stopped going to his doctor as he moved out of state, but he kept renewing the prescription, and would call his doctor on the phone occasionally when the need arose. The insured (our client) applied for the disability benefits, and the insurance company continually refused to pay the benefits. This added to the stress of the client who eventually couldn't take the stress any longer and committed suicide. The disability insurance company claimed that the insured did not conform to the terms of the policy by continuing to see his medical provider. We showed that a person is indeed continuing to see his doctor when he is in telephone contact with his doctor and continues to seek medical advice by phone. Eventually we were able to settle the case for his wife and child and get them compensation for their loss. While it did not make up for the personal loss they suffered, it did help them to pay expense and be able to keep up their standard of living for the children. If you or a loved one have been the victim of bad faith insurance you should consult with a lawyer to learn your rights. If you are located in the state of California, please call us at 1-800-ALAWPRO (1-800-252-9776).

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Posted In: INSURANCE BAD FAITH

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Broken bones (or fractures) occur when the physical force exerted on the bone is stronger than the bone itself. Common causes of broken bones are falls from large heights and motor vehicle accidents. A large number of car accidents result in broken bones and serious fractures because the forces acting on the body in a car accident are usually so severe. Common injuries include broken legs, broken arms, broken wrists, broken ankles, broken pelvis and broken jaw bones. Serious breaks of the bone sustained in a car crash are also more likely to require surgery as the type of break may be more severe than a simple fracture. The repair of a fracture is a gradual process and generally requires the bone to be immobilized for several weeks. Once stabilized into position, it is important to build up strength in the healing bone through movement, exercise and physiotherapy. Unfortunately fractures can take a substantial amount of time to fully heal. The severity of a fracture depends upon its location and the damage done to the bone and tissue near it. Serious fractures can have dangerous complications if not treated promptly; possible complications include damage to blood vessels or nerves and infection of the bone (osteomyelitis) or surrounding tissue. Recuperation time varies depending on the age and health of the patient and the type of fracture. A minor fracture in a child may heal within a few weeks; a serious fracture in an older person may take months to heal. If your fracture injuries were due to an accident or incident where you were not at fault, you can make a personal injury claim and can seek compensation against the person responsible. If you have been injured in any type of accident, you should contact a lawyer to know your rights. You may be entitled to additional medical care and monetary compensation. If you are located in the state of California, please call us now at 1-800-ALAWPRO (1-800-252-9776).

TYPES OF FRACTURES
There are many types of fractures, but the main categories are simple and compound (whether or not the bone breaks through the skin) and complete and incomplete (the way the bone breaks). In a simple fracture, also called a closed fracture, the bone breaks but there is no open wound in the skin. A compound fracture, also referred to as an open fracture, is when the bone breaks through the skin; it may then recede back into the wound and not be visible through the skin. Complete and incomplete fractures refer to the manner in which the bone breaks. In a complete fracture, the bone breaks into two or more parts. In the case of an incomplete fracture, the bone cracks but does not break all the way through. Simple fractures include:

Buckle Fracture: Part of the bone buckles and ruptures, but doe snot break into pieces.

Greenstick fracture: an incomplete fracture with small cracks in the bone.

Avulsion Fracture: An avulsion fracture is when a tendon that attaches a muscle to a bone pulls a piece of the bone apart.

Transverse fracture: a fracture at a right angle to the bone's axis.

Hairline Fractures: Small fault lines in the bone, but the bones remain connected.

Oblique fracture: a fracture in which the break slopes.

Comminuted fracture: a fracture in which the bone breaks into several pieces. These breaks may require metal plates to repair.

An impacted fracture is one whose ends are driven into each other (also known as a buckle fracture). Other types of fracture are pathologic fracture, caused by a disease that weakens the bones, and stress fracture, a hairline crack.

Other types of fracture are pathologic fracture, caused by a disease that weakens the bones, and a stress fracture.

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Posted In: BUS ACCIDENT , CAR ACCIDENT , MOTOR VEHICLE ACCIDENT , MOTORCYCLE ACCIDENT , OTHER COMMON INJURIES , TRUCKING ACCIDENT

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Assault and battery charges can arise under a wide variety of circumstances, ranging from bar fights to assaults involving a deadly weapon or a car and can leave its victims with serious and even deadly injuries. Resulting injuries from an attack can include brain trauma, head injuries, spinal cord injuries and broken bones. If you or a loved one has been the victim of an assault and battery attack, you should seek legal counsel to know your rights as you may be entitled to monetary compensation (known as damages). Assault & battery are technically two separate crimes but they often occur at the same time and, as a result, are typically prosecuted together. Assault involves the act of threatening to hurt or injure someone, whereas battery refers to the actual act of violence itself. In most states, an assault & battery is committed when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm. Both assault and battery are taken very seriously in a court of law and carry harsh penalties including jail time and more. Many states declare that a more serious or "aggravated" assault/battery occurs when one 1) tries to or does cause severe injury to another, or 2) causes injury through use of a deadly weapon. There is no defense for provocation in the case of assault and battery. Words alone, no matter how insulting or provocative, do not justify an assault or battery against the person who utters the words and cannot be used in a legal defense. If you or a loved one has been the victim of an assault and battery attack in California, please call our law offices for a free consultation at 1-800-ALAWPRO (1-800-252-9776).

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Posted In: BRAIN & SPINAL CORD INJURY , PREMISES LIABILITY , WRONGFUL DEATH

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Los Angeles, California. Work place accidents cause hundreds of thousands of injuries ever year, some of them serious. If you have been in a serious accident at work, you should contact a lawyer to learn about your rights. Our client was working in Los Angeles, California on a machine that came down on his hand and amputated three of his fingers. Employers in California usually cannot be sued for negligence by their employees under Workers Compensation for injuries that occur at work. One exception is called the "punch press" exception where the employer negligently removes a guard from the punch press, and this causes a work place injury to an employee.

Our client was working on a machine which did not have a guard. Sometimes there is a dispute as to whether or not a machine in the work place is actually considered a punch press. We hired an expert at our expense to determine if the machine that caused the work place injury was actually a punch press as defined by the California statute. After the expert determined that this was in fact a punch press, we were able to sue both the employer and the manufacturer for product liability and negligence. Even if the punch press originally came with the guard attached, there may be a product defect in the manufacturer's warning label on removing the guard and reinstalling it.

A guard on a punch press is a protection for the worker so that when the machine comes down to press on the metal that the punch press will form, if the worker's hands or fingers are in the way, the guard will hit the hand or finger and the press will stop. Without the guard, the punch press came down on our clients hand and cut off three of his fingers on his dominant hand. These work place accidents can be caused because the employer may have removed the guard negligently in order to have the punch press operate faster.

Although an injured worker can claim worker compensation benefits, that does not cover damages for pain, suffering, emotional distress and loss of enjoyment. If you have been injured in a work place accident please call our law offices at 1-800-ALAWPRO (1-800-252-9776).

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Posted In: PREMISES LIABILITY , PRODUCT LIABILITY

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Our client suffered personal injury in a Los Angeles car accident, when two other negligent drivers collided in an intersection, and one of their cars came crashing into our client's stopped vehicle. She came to our personal injury law firm because the other drivers' insurance companies were acting in bad faith, and wouldn't accept responsibility for the accident. She needed a car accident lawyer who would fight for her to get her compensation for her medical bills, property damage and pain and suffering.

Eventhough our client was not at fault for the accident, the other two drivers' insurance companies didn't want to pay for our client's damages because they were pointing the finger at each other. So we sued both of them.

The car accident happened when our client was stopped for a red light on a street outside Cal State Los Angeles. As she was waiting for the light to turn green, she saw a car from her left speeding straight through the intersection. At the same time an SUV coming from her right was trying to make a left turn onto the street she was on. The car coming from the left broadsided the SUV as it was completing its turn. The SUV was redirected towards our client's stopped car and crashed into it head on, pushing our client's car back almost a full car length.

Although our client only suffered soft tissue muscle sprains and strains, her injuries had a big impact on her life. The pain in her shoulder was so bad that it would sometimes cause her to "lock up" and not be able to turn her head to the left or right.

Each of the negligent drivers had a minimal insurance policy with a $15,000 limit. We did an asset search and found that neither of the drivers had significant assets and that we would not be able to collect any more than their insurance policies. We therefore demanded that each insurance company pay their $15,000 within 30 days.

The insurance company for the driver that was speeding straight through the intersection buckled and paid their $15,000 before the 30 days had passed.

The insurance company for the left turning SUV ignored us and so we prepared for trial. As the trial date approached, the SUV's insurance company eventually offered the $15,000, but we said it was too late. It would have to pay more now. (An insurance company has a duty to its insured to act reasonably and settle a case within the policy limits when it has the chance. If it doesn't and at trial a jury gives a verdict for more than the policy limits, the insurance company faces the choice of either paying the full verdict, or risking being sued by its insured for acting in bad faith, and exposing the insured to liability in excess of the policy limits).

The insurance company for the SUV refused to pay more than the $15,000 policy limits and so we went to trial. The defense argued that the driver who we already settled with was solely at fault for the accident and that our client wasn't injured in the accident. We hired an accident reconstruction expert to testify how the accident occurred, a biomechanical expert to testify how the accident caused our client's injuries, and an orthopaedic doctor to testify about our client's injuries and the medical treatment she received.

The jury sided with us and found the SUV driver to be primarily at fault for the accident and our client's injuries.

At the end of the day the SUV's insurance company was forced to pay $67,500 (instead of the $15,000 we originally demanded). Combined with the $15,000 settlement with the first driver, we were able to collect $82,500 on a case that it originally seemed $30,000 was the best we could hope for.

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Posted In: CAR ACCIDENT , INSURANCE BAD FAITH , MOTOR VEHICLE ACCIDENT

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When a pedestrian is struck by a car or truck, there is a high potential for catastrophic injury or even death. A severed leg or limb is not an uncommon injury, due to the force of the vehicle striking the human body. Our law firm has handled numerous pedestrian v. auto accidents and our lawyers have fought to get fair compensation for our clients. One of cases involved a little boy whose leg was amputated in a pedestrian accident. He was in Santa Barbara, California for the weekend. He was standing at an unmarked cross walk waiting for traffic to clear before crossing the street. He saw a car coming from the left, and thought that the driver saw him leave the curb. He had advanced into the street about ten feet before he realized that the car was not slowing up, and would hit him, so he turned around to run back to the curb. But the driver never slowed up and the right front bumper hit our client’s hip, as he was just a little boy whose hip came up to the car bumper. The bumper actually amputated the boy's leg from the hip which is referred to as a hemipelvectomy. The driver later claimed that she was unable to see the boy as the sun light was reflecting from her windshield, and her attorney claimed the boy ran into the street and it would have been an unavoidable accident in any event. The defense attorney kept referring to the little boy as that “very nice African-American boy from Compton” in an attempt to sway the jury. The jury awarded our client $1,450,000 in compensation and later told us they knew what the defense attorney was trying to do and were offended by it.

If you or a loved one has been injured in a pedestrian accident, you need a lawyer who can fight for you. If you are located in California, please call us for a free consultation at 1-800-ALAWPRO (1-800-252-9776).

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Posted In: CAR ACCIDENT , MOTOR VEHICLE ACCIDENT

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Carbon monoxide poisoning is a serious risk and hundreds of people a year die from carbon monoxide (CO) poisoning. It is an odorless, colorless gas that you cannot see, smell or taste, but it can cause brain damage and death. Our clients were victims of carbon monoxide poisoning, and it tragically killed the husband and seriously injured the wife. Sadly theirs is not an uncommon story. Carbon monoxide is the leading cause of accidental poisoning deaths in the US. The Centers for Disease Control estimate that carbon monoxide poisoning kills almost 500 people a year and causes over 15,000 visits to the emergency room every year. If you or a loved one has been injured or died as a result of carbon monoxide poisoning, you need a personal injury lawyer to inform you of your rights. If you live in California, please call us for a free consultation at the Law Offices of Greenberg & Rudman LLP (1-800-252-9776).

Our clients had recently purchased a cabin in Big Bear in San Bernardino County, California. It had a big, stone fireplace and a wall heater. They had an inspection company check out the cabin before they purchased it. One night it was very cold so they turned on the wall heater and lit the fireplace with a roaring fire and went to bed with their two dogs at the end of the bed. Because it was an old cabin, when they purchased it, they had all the windows and doors resealed to make them air tight. Although the wall heater was inspected, the inspector didn't take off the cover and inspect the insides of the heater. Over the years, soot had built up on the draft out flow of the heater so that the carbon monoxide from the burning of the fire place did not draw out the flu as much as it was designed to do. With the fireplace going full blast, this also created carbon monoxide and used up a lot of the oxygen in the cabin. Both dogs and the husband died of carbon monoxide poisoning that night, and the wife was critically injured but recovered.

The previous owners either didn't use the fireplace at night, or the windows and door being old and unsealed probably created enough of a draft to allow fresh air to be drawn in from outside to replenish the oxygen than was being consumed from the fireplace and the heater. We sued the inspector, the prior home owner, the heater manufacturer, the gas company and settled the case after hiring experts to reconstruct how the accident happened. Please call us now if you or a loved one is the victim of carbon monoxide poisoning (1-800-ALAWPRO).

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Posted In: BRAIN & SPINAL CORD INJURY , PREMISES LIABILITY , PRODUCT LIABILITY , WRONGFUL DEATH

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Have you been injured in an California auto accident or Los Angeles car crash? Have you suffered the death of a family member? Don't talk to anyone until you’ve spoken to a car accident lawyer who can tell you how to protect your rights! Call us at 1-800-ALAWPRO now.

If you have been injured in an Los Angeles automobile accident or Los Angeles car crash or other accident, this is a tough time for you. Let us put our experience and training to work for you to get you all the injury settlement you deserve.
The personal injury attorneys of the Law Offices of Greenberg & Rudman LLP have successfully represented hundreds of injured people over the years. Selecting a great lawyer to represent you is an important decision. When injured in an accident, it helps to choose a firm that concentrates its practice on personal injury law. The Law Offices of Greenberg & Rudman LLP is a winning team of personal injury attorneys and staff that will work hard for you.
We're committed to winning the maximum settlement or award for accidents of all kinds. We will investigate your case thoroughly and look at every option, then fight to get you all the money you deserve under the law.
Have you been seriously injured? You may be entitled to recover money. We work on a contingency basis, which means that you don't pay a cent until you receive compensation, at which point you are charged a percentage of the settlement. There is no fee for our services unless a recovery is won.

The following are the largest cities in Los Angeles County. If you live one of these cities or anywhere in California, call us now for a free consultation.

1. Los Angeles: 3,849,378 residents
2. Long Beach: 463,956 residents
3. Glendale: 207,157 residents
4. Santa Clarita: 177,158 residents
5. Pomona: 162,140 residents
6. Torrance: 148,558 residents
7. Pasadena: 147,262 residents
8. Palmdale: 145,468 residents
9. Lancaster: 143,818 residents
10. El Monte: 126,282 residents
11. Inglewood: 119,212 residents
12. Downey: 113,587 residents
13. West Covina: 112,953 residents
14. Norwalk: 110,040 residents
15. Burbank: 107,921 residents

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Posted In: CAR ACCIDENT , MOTOR VEHICLE ACCIDENT , WRONGFUL DEATH

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Our client was an 18 year old working in Los Angeles, California unloading tractor-trailer trucks at a warehouse. In a work place forklift accident, our client was hit by falling drums that caused him to suffer spinal cord injuries and left him a paraplegic. In California, workers compensation law prevented us from suing his employer for his resulting paraplegia. But we were able to get our client $6,500,000 from a settlement with the tractor company, the trailer company, the owner of the load that fell on him and the company that shrunk wrap the load that fell on him. As an 18 year old paraplegic, this money was critical for him to receive the care he needed for the rest of his life. He had little education, and would be functionally unemployable for the rest of his life. The settlement was for his future loss of earnings, past and future medical care and treatment, and he past and future pain, suffering and loss of enjoyment of life.

Our client was hired two months before the accident to unload tractor-trailer trucks at a warehouse. A truck at the warehouse dropped off a trailer full of coiled, wrapped paper drums that were stacked on pallets. His supervisor told our client to go into the trailer and guide the fork lift that the supervisor was driving so the folks would go into the pallets. But the fork lift driver negligently hit the pallets with the fork lift causing the load to shift inside the trailer and pinned our client between the load of coils and the inside of the trailer. These are extremely heavy loads, and the impact from the falling load caused severe spinal cord injuries in our client, which eventually resulted in him becoming a paraplegic.

We could not sue the employer as this is only a workers compensation claim in California. We sued the tractor company, the trailer company, the owner of the load and the company that shrunk wrapped the coils. Our theory of liability was that the load was negligently wrapped, negligently loaded, and negligently stacked, and that it was foreseeable that this accident could happen. Although we could not give our client back the full use of his body, we were able to help him financially cope with his devastating injuries and be set for life to get the care he will certainly need. If you or a loved one has been injured in a work accident and need an injury attorney in California or Los Angeles, please call us at 1-800-ALAWPRO for a free consultation.

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Posted In: BRAIN & SPINAL CORD INJURY , PREMISES LIABILITY , TRUCKING ACCIDENT

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The following is part four in a four-part series on wrongful death. If you believe a loved one was the victim of a wrongful death and you are in need of a California wrongful death lawyer, please call us at 1-800-ALAWPRO.

DEATH OF A MINOR CHILD

Economic damages consist of:
1. The value of the financial support, if any, that the child would have contributed to the family during either the life expectancy that the child had before [his/her] death or the life expectancy of the Plaintiff, whichever is shorter;

2. The loss of gifts or benefits that the Plaintiff could have expected to receive from the child;

3. Funeral and burial expenses; and

4. The amount paid, and reas