Los Angeles Injury Lawyer Blog

If you live in Ontario, CA, you know that it is home to Ontario Mills Shopping Mall, the largest shopping mall in Southern California. You also know that it has recently experienced a surge in both residential and commercial development. During this development, accidents of every nature can occur – from car collisions to premises liability to construction accidents to workplace injuries. If you or a loved one has been injured in Ontario, it is important to enlist the help of an experienced personal injury lawyer who knows the best way to help you recover. To find a reliable attorney, below are some helpful things to consider:

• Experience: Does the attorney have a proven track record for successfully litigating client claims? What percentage of the law firm’s portfolio involves personal injury cases?


• Referral/ Reputation: Talk to your trusted friends and family to see if they have had experience with this law office. In addition, attorneys often refer their cases to their trusted legal network if they don’t have adequate expertise in the subject matter. Finally, consult your local bar association for attorney referral services


• Goal of litigation: Make sure your goals are aligned with the attorneys. You may want the highest amount of recovery to cover damages incurred (even if it means going to a lengthy, costly trial), or you might just want the fastest resolution to your claim possible. Be sure to find the attorney that is best suited for your needs.

The attorneys at the Law Offices of Greenberg & Rudman LLP have over 50 years of combined experience and have collected over $150 million for their clients. They have extensive trial experience as well as a proven track record of fighting against stubborn insurance companies. Finally, they only focus on California claims which means they know their way around the California legal system. If you or a loved one has been injured, call them at 1-800-ALAWPRO (1-800-252-9776) for a free consultation.


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Posted In: CAR ACCIDENT , PREMISES LIABILITY

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Nail gun injuries are rising and these tools are unsafe and poorly regulated according to a report by The Sacramento Bee. Victims of nail gun injuries have filed and won many lawsuits against both nail gun manufacturers and construction companies for wrongful death, negligence and faulty product production. Approximately 42,000 people are hurt in nailgun accidents each year. In California, about 500 nail gun work-related injuries are reported annually. Professionals and novices are at risk. If you or a loved one has been injured by a nail gun in California, please consult an attorney immediately. Call us now for your free-consultation.

Nail Gun Equipment Information
Nail guns are made by multiple manufacturers and are used at a variety of sites. The nail gun's function is to aid building construction by firing nails propelled by compressed air, also known as pneumatic firing. Nail-gunned nails can travel up to 490 feet per second and fire rapidly, up to 30 nails per minute. Nail guns are extremely powerful. In one incident, a nail killed a worker after traveling 27 feet.

Contact-Tip Mode: A special feature, known as "contact tip", provides an automatic mode by which nails are fired whenever they make contact with any surface, including the human body, once the trigger is pulled. Nail guns in contact tip mode appear to be responsible for the majority of nail gun injury incidents.

Nail Gun Dangers
The newspaper reports that safety regulation and labor agencies are not doing enough to address the dangers of nail guns. Dangers of nail guns include:

• hazardous design, specifically:
  *automatic or "contact tip" mode
  *trigger location


• improper training at work sites


• insufficient safety precautions supplied by employers, including safety goggles or shields


• poor availability of consumer safety information at rental and retailing establishments

Doctors, engineers and safety commissions are all urging the modification of nail gun design, the restriction of nail gun usage, and in some cases, an all out nail gun ban. Most arguments against nail guns are against the "contact tip" or automatic mode. Research indicates that up to 75% of nail gun injuries are the result of automatic firing.

Nail Gun Injuries
Nail guns have become increasingly popular in the past 10 years, and as a result, nail gun injuries have increased three-fold in the past decade. Injuries from nail guns can range from mild to severe. Injuries sustained from nail gun accidents are more common and costly than those from manually and mechanically operated saws and sanders. Commonly, nail gun accidents resulting nails entering hands, eyes, heads and chests. Reports exist of:

• fingers being nailed together


• eyes impalement


• partial and complete paralysis, from nails entering the spinal cord

death, from nail entering the brain, heart or severing arteries

Nail Gun Injury Victims
Victims of nail gun injuries vary in background. Those frequently injured are:

• People doing home improvements


• New construction workers


• Non-union carpenters


• Bystanders and Passersby, including those in neighboring buildings or rooms, or those who are driving or walking by a worksite
  550 people are injured each year in this fashion

If you or someone close to you has been injured with a nail gun in California, please contact an experience attorney to help you learn your rights. The Law Offices of Greenberg & Rudman LLP have over 50 years combined experience in personal injury law. Please call us toll-free at 1-800-ALAWPRO (1-800-252-9776) for a private consultation. Let us help you during this difficult time. Call us now.

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Posted In: PRODUCT LIABILITY , WRONGFUL DEATH

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Developed as a planned city, the City of Irvine in Orange County, CA is home to several educational institutions such as the University of California – Irvine, Concordia University, University of Southern California (Orange County Center), as well as satellite locations for several other major California universities. In 2007, it even won the designation as Safest City in the US. However, accidents can occur even in the safest city of America. These accidents can include but aren’t limited to: traffic collisions, slip, trip and fall on public or private property, work place injuries, and even pedestrian accidents. An unfortunate result of these accidents is often severe personal injury or, in the most unfortunate of circumstances, death.

During this troublesome time, it is important that you seek the help and guidance of an experienced professional. You may be unaware of all of the possible remedies that may be available to you. When looking for a lawyer, it’s important to choose someone who has a long, reputable history of successful legal work. The last thing you need is for your attorney to take advantage of you or fail to fulfill his or her duties to you. The attorneys at the Law Offices of Greenberg & Rudman LLP only work with your best interests in mind. With over 50 years of combined experience and over $150 million collected for their clients, they work hard to make sure you are happy. To minimize your own risk, our attorneys won’t collect any legal fees unless they collect money for you first. In addition, all up-front costs are paid by the firm. If you’ve been injured in Irvine, California, call us now at 1-800-ALAWPRO (1-800-252-9776) for a free consultation on your situation. We’ll even come to you to sign you up.

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Posted In: MOTOR VEHICLE ACCIDENT , PREMISES LIABILITY , SLIP & FALL

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Known affectionately as “Surf City USA,” Huntington Beach, California in Orange County is a destination spot for many tourists, particularly those visiting the pier, beach, or even the city’s colorful shopping district. During holidays, tourist congestion cause often cause problems for negligent drivers who have failed to yield the right of way. If you have been hit or injured by a car while walking as a pedestrian in Huntington Beach, California, you may be entitled to compensation for your injuries and pain & suffering.

According to statistics released by the National Highway Traffic & Safety Administration (NHTSA), a pedestrian is injured in a traffic crash every 9 minutes. In addition, pedestrian accidents can occur where you least expect them to. Pedestrian fatalities occurred most often in urban areas, at non-intersection locations, and in normal weather conditions.

The attorneys at the Law Offices of Greenberg & Rudman LLP are concerned about your safety. To prevent these unfortunate accidents from occurring, below are a few safety tips published by the NHTSA:

• Stay on sideways, crosswalks, and other designated walking areas


• If there are no designated walking areas and you must walk in the road, walk on the side that faces oncoming traffic


• When crossing the street, stop, then look left, right, and then left again. Stopping first sends a message to drivers that you intend to cross the street.

If you have been hurt in a traffic accident in California, you may be able to seek compensation for your injuries. When these accidents occur, it is important not to let greedy insurance companies disclaim liability or compensate you less than you are entitled to. The professionals at Greenberg & Rudman LLP know how to handle these situations, as proven by numerous settlements and verdicts they have won for clients. Call 1-800-ALAWPRO (1-800-252-9766) now for a free consultation regarding your rights.

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Posted In: MOTOR VEHICLE ACCIDENT

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Using cell phones while driving are found to be the most common distraction factor for drivers. A study by Nationwide Mutual Insurance Co. shows that 73% of drivers talk on their phones while driving, with younger drivers occupying a substantial portion of those drivers. A separate study by Carnie Mellon concluded that cell phone usage reduces brain activity associated with driving by 37%. As a result, cell phones are often a leading factor in fatal or severe traffic collisions. These statistics are even more alarming as cell phone ownership has been shown to increase rapidly in recent years. As of February 2008, over 254 million people subscribe to cell phone services, up from 4.3 million in 1990. Because of the increase reliance on these wireless devices, drivers are more commonly using them while on the road.

When cell phones and driving are combined, the results can be tragic. Take, for example, a fatal automobile crash that killed four people last December in North County San Diego, California. One of the survivors of the collision claims that the crash occurred when the driver dropped a cell phone. While bending down to pick it up, the driver of the SUV hit a guardrail, crossed into oncoming traffic, and collided with a Toyota Camry – killing all four occupants inside.

/>Responding to numerous studies highlighting the danger of cell phone usage while driving, the California legislature passed a law that makes it illegal to use a cell phone without a hands-free device for drivers 18 years or older. Drivers under 18 may not, under any circumstance, operate a cell phone while driving. The law will become effective beginning July 1, 2008. Violators of the law will face a fine of $20 for the first offense and $50 for each subsequent offense.

If you or someone close to you has been injured in a traffic collision in the state of California, you may have remedies against the other driver. During this difficult time, it is important that you enlist the help of an experienced professional that has your best interests in mind. The attorneys at the Law Offices of Greenberg & Rudman LLP are here for you. Call 1-800-ALAWPRO (1-800-252-9766) now for a free consultation regarding your rights.

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Posted In: CAR ACCIDENT , MOTOR VEHICLE ACCIDENT

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A major retailer has agreed to drop their reimbursement claims against a former employee who successfully sued a trucking company for a traffic collision that left her with severe brain injuries. At the time of the accident, the 44 year old woman was an employee at Wal-Mart. The accident caused her to suffer severe brain injury, but luckily, the company’s health insurance was able to cover the medical expenses. Unfortunately, buried deep in the health plan contract, was a clause that allowed the company to seek reimbursement for expenses paid if the injured party collected monetary damages in a lawsuit against the liable party.

The accident occurred when a tractor-trailer crashed into her minivan, causing severe injuries that left her in the hospital’s Intensive Care Unit for weeks. Having lost most of her memory and ability to walk or talk, the woman requires ongoing care that will confine her to a nursing home for the rest of her life. Immediately following the accident, Wal-Mart’s employee insurance plan paid approximately $470,000 in medical expenses. In a lawsuit against the trucking company responsible, the woman was able to recovery $1 million in damages. After legal fees and other costs were deducted from the $1 million settlement, the remaining $417,000 was placed in a trust for her continuing medical care. Unfortunately, the severity of the women’s injuries will likely require at least $2 million in care and treatment over her lifetime. Even more unfortunate was Wal-Mart subsequent attempts to drain the remainder of the women’s lawsuit award by enforcing their reimbursement clause.

This reimbursement clause, called subrogation, is becoming more commonplace since a 2006 Supreme Court decision ruled in favor of the practice. The companies claim that allowing them to seek reimbursement from lawsuit proceeds allows them to keep the costs of these health insurance plans low and affordable for its employees. The counter-argument, however, is that employees pay a premium each month specifically to fund these insurance programs. If companies are allowed to be reimbursed every time, then, in effect, health care coverage acts as a loan rather than insurance. In addition, as in the case at hand, lawsuit settlements and injury awards are often insufficient to cover the full amount of medical expenses required. The trust fund in this case currently only has $270,000 left to pay for her medical expenses and nursing home bills for the remainder of her life. Allowing Wal-Mart to collect would leave the woman with nothing, and in fact, owing about $50,000 more.

Luckily, the story has a happy ending for this woman. Amid criticism from the media and other activist groups, Wal-Mart has re-evaluated its policy and dropped its reimbursement claims against the woman. While the policy still remains, Wal-Mart now has the ability to evaluate each case on an individual basis.

If you have been injured in California and are facing insurance subrogation claims against your medical expenses, you need to speak to a qualified professional. While insurance companies are only interested in recouping their expenses, we’re interested in fighting for you. Contact the attorneys at the Law Offices of Greenberg & Rudman LLP for a free consultation to see how we can help. Call 1-800-ALAWPRO (1-800-252-9776) now.

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Posted In: BRAIN & SPINAL CORD INJURY , CAR ACCIDENT , MOTOR VEHICLE ACCIDENT

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A tragic automobile accident occurred recently in Riverside County when the driver of a Land Rover swerved suddenly to avoid hitting a parked car on the shoulder of the highway, which caused the SUV to roll. In the backseat, the wife of the driver sat with her three year old son and one year old daughter. None of the backseat passengers were restrained by any safety belts. The accident caused all three to be thrown from their seats. The mother and the three year old boy died as a result of the accident.

On their way home from dinner, the family stopped at a local grocery store merely six miles from their hours. Only a few exits away, the deceased mother forgot to buckle up her children. According to the husband driver, the mother always made sure her children were buckled up: the 3-year old usually secured by a seatbelt, while the 1-year old was usually secured by a child safety seat. On that fateful evening, the couple was deep in conversation, and the mother, likely distracted, failed to secure her children or herself. 20 minutes after the accident occurred, the mother was pronounced dead. The three year old died the next morning due to severe injuries. The driver and their 5-year old son sitting in the front street emerged from the accident relatively uninjured. Both were wearing seatbelts at the time of the accident.

Vehicles are dangerous, particularly when driven at high speeds on the interstate. All it takes is a little bit of debris or an unexpected obstacle to cause an accident as unfortunate as this. Seat belts can prevent significant amount of injury, particularly when young children are involved. For this reason, states have enacted seat belt and child restraint laws. In California, a child that is 5 years old and younger OR weighing less than 60 pounds must be secured in a child restraint system (such as a car seat) in the backseat. There are certain exceptions which allow for these children to ride in the front seat. They are as follows:

• The car does not have rear seats or the rear seats either face the rear or the side


• Child safety seats cannot be installed property in the rear seats


• All rear seats are being occupied by children under 12


• Some medical necessity that requires that child to ride in the front seat

In addition, the following conditions prohibit children from riding in the front seat when the car is equipped with front-seat airbags:

• Child is under the age of 1


• Child weighs less than 20 pounds


• Child is riding in a rear-facing child seat

As a general matter, everyone else in the vehicle must be secured by a seatbelt, including the driver.

If you or a loved one has been involved in a car collision and have suffered serious injuries, you may be able to seek recovery from the other party at fault. Call the Law Offices of Greenberg & Rudman LLP in California for a free initial assessment of your situation – 1-800-ALAWPRO (1-800-252-9776).

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Posted In: CAR ACCIDENT , MOTOR VEHICLE ACCIDENT

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The National Transportation Secretary announced a proposal for improving school bus safety late last year. The proposal includes higher seat back requirements and improved seat belt standards in an effort to protect children and assure parents of their safety. Implementation of the planned improvements on the country’s 474,000 school buses should be complete by this November. Approximately 7 passengers die per year in school bus accidents. If you or someone close to you has been involved in a school bus accident in California, please contact a lawyer who can help you.

School Bus Improvement Specifics
Even though school bus transportation is one of the safest ways to travel, here are the main proposed improvements:

• Federal Seat Belt Standards
  For full-size buses, federal safety standards for seat belts will be provided for school districts that request new belts. This is the first time such standards have been offered. Monies from the Federal Highway Safety funds will cover the cost.


• Seat Back Height Adjustment
  Current safety requirements include a 20 inch seat back. The new proposal calls for an increase to a 24 inch seat back. This height augmentation should provide better protection for passengers by preventing taller children and adults from being thrown over bus seats during an accident.


• Special Seat Belts for Small Buses
  Per the proposal, “three-point belts” will replace lap belts on new small buses, since these buses are more likely to roll over than full-sized ones. This will occur within three years.

If you or a family member has been involved in an accident with a school bus in California, you should seek the help of an experienced attorney. Please call the Law Offices of Greenberg & Rudman LLP toll-free at 1-800-ALAWPRO (1-800-252-9776). We will consult with you to help determine your rights. Don’t hesitate to protect the safety of your child. Please call us now.

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Posted In: BUS ACCIDENT , MOTOR VEHICLE ACCIDENT , OTHER COMMON INJURIES , WRONGFUL DEATH

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A hit and run car accident is a crime which occurs when someone strikes another person, their personal property (including their car), or a fixed structure, and then flees the scene, neither stopping nor identifying themselves to take responsibility for the damage inflicted. In the U.S. there are approximately 700,000 hit and run accidents yearly. As of 2003, California has had a dramatic increase in the number hit and run crashes reported. It is the state with the most fatal hit and run accidents annually. If you or a loved one has been involved in a hit and run in California, please contact an experienced attorney to help you seek justice during this painful and difficult time. You can get a free consultation in California by calling 1-800-ALAWPRO.

Hit and Run Accident Statistics: California
Hit and run is a disturbing and deadly trend. Around 300 people are killed in hit-and- run’s each year in California. These fatalities represent 8% of all state-wide traffic deaths. California’s record of hit and run deaths is nearly twice as high as that of other states. Two-thirds of people killed in hit and run accidents are pedestrians.

Hit and Run Accidents in California: Why?
Hit and run causes severe pain and emotional trauma to the surviving victims and their friend and families, often leaving them with the unanswered question of “why?,” when the fleeing drivers are not apprehended. Experts, including police officers and safety professionals, have presented possible explanations for California’s exceedingly high hit and run numbers, though even they are shocked the frequency in which hit and run drivers are fleeing the scenes of their crimes. Some proposed reasons include:

• Fear of being caught and facing the consequences, especially for drivers who are under the influence and for those who lack insurance


• Abundance of busy and spacious highways, streets and intersections


• High speed driving, four-lane roads result in faster driving and therefore, greater danger


• California’s “car culture,” including dependence on traveling by car, fast driving, and general love of automobiles


• High number unlicensed drivers in California, estimated at 1million drivers, many of whom are illegal immigrants


• Driver’s with the feeling of having “nothing to lose”

Authorities are hopeful that new roads, laws, and education about pedestrian traffic and the danger of hit and run will eventually reduce California’s staggeringly high rate of hit-and-run fatalities.

Have you or a loved one been the victim of a California hit and run? If so, you should contact a lawyer immediately to learn about your rights and seek the justice and compensation you deserve. Please call the law team of Greenberg & Rudman LLP toll-free at 1-800-ALAWPRO (1-800-252-9776). We will provide a free and confidential consultation and support you through this painful time. Call us now.

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

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A Miami high school has been found guilty of partial negligence for a deadly car crash that occurred after a graduation party in 2001. A jury found the school liable for $14 million in damages to the victims and families. The horrible car accident left one student, a passenger, dead, and another student, the driver, brain-damaged and paralyzed. Both students were underage and above the legal blood limit for alcohol. School officials did not notify authorities about the party, even though they knew it involved illegal teenage drinking. The school intends to appeal the decision.

In the one-car wreck, which occurred around 5pm, two 17 year-old male students were driving in an Acura when they slammed into a tree going about 80 mph, splitting the car in half. The passenger had a blood alcohol level of .22, and the driver, who was thrown from the car, had a level of .096. The legal limit blood alcohol limit is .08.

The party was held at the home of two other students and was widely advertised with a flyer featuring a picture of a whiskey bottle. The school principal was aware of the party but did not notify parents or authorities. Not only did he refer to the party over the school’s PA system, but he also attended the party and witnessed students behaving in drunken and disorderly manner.

The jury found additional parties negligent as well, including the parents of the student-hosts, the 21-year old purchaser of alcohol, the driver of the car, and his parents. Families of the victims intend to seek compensation from the school only.

If you or a loved one has been injured in a car accident which you believe involves alcohol in California, please contact an attorney to learn your rights. Call the Law Offices of Greenberg & Rudman LLP at 1-800-ALAWPRO (1-800-252-9776) for a free and confidential consultation. Let us help you understand your rights and seek compensation for you loss.

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Posted In: BRAIN & SPINAL CORD INJURY , CAR ACCIDENT , MOTOR VEHICLE ACCIDENT , WRONGFUL DEATH

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West Hollywood, CA, home to nearly 40,000 people, is just over 2 miles squared and bordered by Los Angeles and Beverly Hills. Due to its central location and popularity as a destination, car crashes and traffic congestion at intersections pose common and deadly problems to cars and motorcycles, bikers, and pedestrians. Additionally, the running of red lights by drivers has reached frighteningly high proportions. The city of West Hollywood, urged in part by its unsatisfied and victimized residents, has installed red-light cameras at busy intersections in an effort to stop the high rate of accidents at popular intersections. If you have been injured in an accident at an intersection in California, please call us at 1-800-ALAWPRO. We are experienced lawyers who will help you know your rights.

Car and foot traffic at intersections are ever-present on the streets of West Hollywood. According to a report by the City, the dangerous practice of running red lights by drivers, both local and non-local, has resulted in “numerous fatal accidents involving motorists, passengers, bicyclists, and pedestrians.” Unfortunately, violating a red light at a very intersection has a high chance of causing a fatality since the driver is frequently accelerating, traveling at high speed, in order to race through the light.

Since 2000, the following problematic intersections have received red-light cameras in order to improve safety of drivers and pedestrians:

• Beverly Boulevard @ Robertson Boulevard


• Fountain Avenue @ Crescent Heights Boulevard


• Fountain Avenue @ Fairfax Avenue


• Fountain Avenue @ La Brea Avenue


• Melrose Avenue @ La Cienega Boulevard


• Santa Monica Boulevard @ Fairfax Avenue


• Santa Monica Boulevard @ La Brea Avenue


• Sunset Boulevard @ La Cienega Boulevard

A study by the city showed that the rates of accidents went down with the installation of cameras in most instances, suggesting that the intersection cameras discourage the running of red lights. Each intersection had an average of 4 to 10 accidents per year prior to camera installation.

If you or a loved one has been involved in an accident at an intersection, contact an attorney immediately. The Law Offices of Greenberg & Rudman LLP have over 50 years combined experience in Southern California. Please contact us toll-free at 1-800-ALAWPRO (1-800-252-9776) for a confidential consultation regarding your rights, and let us help you seek the justice you deserve.

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Posted In: CAR ACCIDENT , MOTOR VEHICLE ACCIDENT

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Electrocution deaths and electric shock accidents at work sites, including construction projects (indoor and outdoor), restaurants, agricultural sites, industrial plants, and offices, are a serious and ongoing problem for workers in the U.S. and California. It is estimated that 7% percent of all work-related fatalities are due to electrocution in some form, with a