May 5, 2008

BELL GARDENS, CA PERSONAL INJURY VICTIMS RECEIVE $4.5 MILLION CIVIL JURY AWARD FROM POLICE BEATING

In Bell Gardens, California, located 10 miles southeast of downtown Los Angeles, two men were severely injured at a Halloween party. The men later filed a lawsuit against the officers and the Bell Gardens Police Department (BGPD), claiming that they were beaten without provocation. In a recent trial, a jury found that the men had suffered a deprivation of their civil rights for the officers’ malicious prosecution and excessive force. Consequently, it ordered the police officers and the BGPD to pay $3.2 million in general damages and an additional $1.3 million in punitive damages.

police_officer.jpgAt trial, the testimony of both sides greatly conflicted. Police claim that, in the course of shutting down the party for a noise disturbance complaint, the two men attacked them first. However, the men claimed that a police officer punched one of them in the chest after only a terse exchange of words. Immediately after, the men alleged that the officers joined together and fired beanbag guns at close proximity, shot partygoers with pepper spray, beat them with batons, and kicked them with their boots. In addition, the men claimed that the police filed false police reports and lied under oath in an attempt to wrongly prosecute the men. After hearing both sides of evidence, the jury believed the men’s story and ordered the awarding of damages.

If you have been the victim of a wrongful injury inflicted by the police or a public official, you may have a right to recovery for your injuries. To speak to a personal injury attorney regarding your rights, call the Law Offices of Greenberg & Rudman LLP at 1-800-ALAWPRO (1-800-252-9776) now.

May 3, 2008

SANTA ANA ACCIDENT AND INJURY LAWYER

Santa Ana, CA has the largest population in Orange County and is home to the county’s seat. With over 350,000 residents, Santa Ana is a busy city with lots of traffic and many on-going road building and reparation projects. In addition one of California’s largest interstates is named for the city it runs through: the Santa Ana Freeway, also known as I-5. If you have been injured in a traffic accident in Santa Ana, please contact a lawyer to know your rights. The lawyers at the Law Offices of Greenberg & Rudman LLP are here to help.

SantaAna_small.pngNot only does the Santa Ana Freeway bisect the city, two other freeways make up its partial borders. The Garden Grove Freeway (#22) and Costa Mesa Freeway (#55), along with I-5, make Santa Ana an easily accessed destination, but their popularity also increases the threat of car accidents. Freeway driving can be particularly hazardous.

If you or a family member has been injured in an accident, you should call a lawyer immediately. Call the Law Offices of Greenberg & Rudman LLP toll-free at 1-800-ALAWPRO (1-800-252-9776) for a consultation. We have 50 years combined experience. Let us help you in your time of need. Call now.

April 25, 2008

WAL-MART DROPS INSURANCE REIMBURSEMENT CLAIM (SUBROGATION) OF EX-WORKER WHO SUFFERED SEVERE BRAIN INJURY TRAFFIC ACCIDENT

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.

Wal-Mart_logo_svg.pngThis 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.

April 21, 2008

SCHOOL FOUND NEGLIGENT IN FATAL CAR ACCIDENT FROM UNDERAGE DRINKING PARTY. ONE STUDENT LEFT DEAD, THE OTHER BRAIN DAMAGED AND PARALYZED.

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.

teen%20driver.jpgThe 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.

April 14, 2008

POMONA, CA PERSONAL INJURY ATTORNEY

If you or a loved one has suffered personal injury in Pomona, California, it is important that you seek the guidance of experienced legal professionals to help you understand your rights and remedies. The lawyers at the Law Offices of Greenberg & Rudman LLP have experience in the following practice areas:
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In addition to over 50 years of combined legal experience, our attorneys have successfully collected over $150 million for our clients. More importantly, we advance all costs so that you don’t have to pay a dime until we first collect money for you. If you think that you have suffered injury at the wrong of others, call now so that we can give you a personal assessment of your situation. We’ll even come to your home or medical room to sign you up. Call 1-800-ALAWPRO (1-800-252-9766) now. We’ll do what it takes to help you through this difficult time.

April 8, 2008

CONSTRUCTION SITE ACCIDENT: FALL THROUGH ROOF, SKYLIGHT OR FLOOR CAN CAUSE DEATH AND SERIOUS INJURY. CONTACT A CALIFORNIA LAWYER.

Construction site workers on rooftops or upper floors are at risk for severe injuries and even death from falling through a roof, skylight or floor. Work-related fatalities resulting from falls is one of the leading causes of death on the job according to the U.S. Dept. of Labor, and “fall-thru” events continue to be a serious problem for construction sites across the country. Poor safety and management are usually to blame for these terrible falling incidents, almost of which could be prevented by proper safety installations. If you or a family member has been the victim or a work-related fall through a roof, skylight or floor, please contact an attorney to learn your rights.

Each year more than 600 construction workers die from falls, many falling from flooring or roofs at lower levels. About 10% of these falling fatalities occurred when employees fell thru a floor, roof, sky light, or other existing opening, such as an elevator portal. The non-fatal injuries reported from these fall-throughs are consistently severe due to the traumatic nature of the accidents and include head injuries, brain injuries and spinal injuries. Not surprisingly, the treatment and recovery required for injuries sustained from fall through a roof are extensive and result in an extremely high number of days of work missed.

Construction_Workers.jpgBy following the safety guidelines set forth by government agencies, nearly all of these construction fall injuries could be prevented or at least minimized. These guidelines include education of workers, the wearing of personal protection equipment and rail and netting apparatus set-up prior to worker engagement on floor and/or rooftops.

If you or a loved one has been the victim of a fall at a construction site, please seek the advice of a lawyer. If you are located in California, please call the Law Offices of Greenberg & Rudman LLP toll-free at 1-800-ALAWPRO (1-800-252-9776). We will provide you with a confidential consultation to help you learn your rights and seek compensation for your losses. Let us help.

April 2, 2008

HIT AND RUN CAR ACCIDENT: PEDESTRIAN KILLED IN WOODLAND HILLS, CA

A hit & run driver struck a man as he was crossing Ventura Boulevard in Woodland Hills, CA in the San Fernando Valley. After the initial strike, the victim was run over by another driver who stayed at the scene. Sadly, the victim was pronounced dead at the scene. There were witnesses to the hit and run crime, which occurred earlier this month.

pedestrian%20chalk%20figure.jpgThe victim was first hit by an eastbound BMW sedan as he was crossing from the north side. The first driver fled the scene. A second driver in an Audi unknowingly ran over the victim, dragging him about 40 feet while under the car. The Audi driver cooperated with police while remaining at the scene. There was no crosswalk at the accident site. Witnesses were able to describe the hit and run car and driver. Hit & run is a felony in California. She faces felony charges of Hit and Run if apprehended.

Have you or a family member been the victim of a hit and run car accident in California? Let us help you during this painful and difficult time. Please call the Law Offices of Greenberg & Rudman LLP at 1-800-ALAWPRO (1-800-252-9776) for a free and confidential consultation. We will come to your hospital room.

April 1, 2008

OXNARD ACCIDENT AND PERSONAL INJURY LAWYER

Have you been the victim of an accident or injury in Oxnard, CA? Oxnard is the largest city in Ventura County, California in terms of population and with nearly 200,000 residents, accidents are bound to happen. If you or a loved one has suffered any type of personal injury including bodily harm, emotional distress, disease or sickness as the result of another person’s negligence, you need to consult with an experienced and respected California injury attorney immediately. We will protect your legal rights and fight for the compensation and damages you deserve.

Oxnard_City_Logo.jpgSometimes when a person is hurt, especially in a car accident or in a public area, they may not be at fault. Learn if you have been a victim of someone else’s neglect. You may be entitled to payment for your suffering. We are trial attorneys with 50 years combined experience and millions of dollars in settlements and verdicts.

Let us help you. If you have been injured in California, please call the Law Offices of Greenberg & Rudman LLP toll-free at 1-800-ALAWPRO (1-800-252-9776) for a free legal consultation regarding your rights. We will come straight to your hospital room to sign you up.

March 31, 2008

SAN FERNANDO VALLEY PERSONAL INJURY LAWYER

If you have been hurt by a motor vehicle accident, slip or fall, faulty product, dog bite or negligence in San Fernando Valley, CA, we can help you. As personal injury attorneys, representing individuals who are victims of accidents is our specialty. Whether a car accident or construction accident, negligent maintenance or product liability, we know your rights and understand your physical or emotional injury. We are experienced and dedicated personal injury lawyers, and our outstanding results include numerous multi-million dollar verdicts and settlements.

ambulance.jpgIf you or a loved one has been injured by the negligence or wrongdoing of another in California, you need assistance from successful and knowledgeable injury lawyers. Please call the Law Offices of Greenberg & Rudman LLP at 1-800-ALAWPRO (1-800-252-9776) today for a free and confidential consultation. We will come to your house or hospital room to sign you up. We’re here to help.

March 27, 2008

THORACIC OUTLET SYNDROME (TOS): SHOULDER AND NECK PAIN CAN BE SIGN OF TOS. CALIFORNIA ATTORNEY CAN HELP.

Thoracic Outlet Syndrome (TOS) is marked by pain and other symptoms in the upper region of the body (from your head to your chest). Motor vehicle accident trauma and repetitive motion sustained in a work setting are frequent causes of TOS. Shoulder and neck pain, as well as hand numbness are common signs.

TOS Definition: Thoracic Outlet Syndrome is a group of disorders which cause often painful symptoms in the head, neck, shoulders, arms, hands and chest. These symptoms are the result of compression of nerves and blood vessels in your thoracic outlet region (the space between your collarbone and your armpit or first rib). Symptoms of TOS usually include pain in the neck and shoulder area and numbness and weakness in arms, hands and/or fingers. There are several classifications of thoracic outlet syndrome, depending on the cause. Neurogenic (neurological) thoracic outlet syndrome is the most common form.

thoracic%20outlet%20syndrom.pngThoracic Outlet Syndrome Causes:
The central cause of TOS is the compression of structures (nerves, blood vessels) in the thoracic outlet (area under your collar bone). Causes of this compression include:

  • Trauma, to the shoulders or neck, such as a car accident. Symptoms of TOS after a trauma may not be present right away.

  • Repetitive Activity: Work which includes heavy lifting, lifting repeatedly over your head, typing for extended periods of time, laboring on an assembly line or sitting at your computer for long periods without proper support. Swimmers, baseball players and instrumental musicians are at high risk due to the repetitive nature of their professions.

  • Joint pressure, as a result of carrying an overweight backpack, and from obesity

  • Bad posture, including holding your head forward or drooping shoulders

  • Pregnancy: As joints loosen during pregnancy, the first signs of thoracic outlet syndrome could appear during this time.

  • Congenital defects: Inherited problems present at birth.

TOS Symptoms:
Thoracic outlet syndrome symptoms will vary, depending on which nerves or blood vessels are compressed. The most frequent symptoms include:

  • Shoulder and Neck Pain

  • Arm or Hand Ache

  • Numbness and/or Tingling of Arms, Hands and/or Fingers

  • Heaviness in the upper extremities

  • Weakening Grip or Clumsiness

  • Dizziness or lightheadedness

  • Headache

Less common symptoms include:

  • Arm pain and swelling

  • Lack of color in hand or fingers

  • Discoloration of hand

  • Small black spots on fingers

  • Ear pain

  • Throbbing bulge near collarbone

If you are consistently experiencing these symptoms, see your doctor.

Diagnosis of Thoracic Outlet Syndrome:
As a result of the many symptoms of TOS, diagnosis can be difficult. As a result, many experience frustration and stress after suffering for years before they are diagnosed. Seeking a second opinion can be helpful in acquiring a diagnosis for persistent symptoms.

At your examination, your doctor will first look for physical signs of TOS including discoloration in your arms or hands, a limited range of motion in your upper body, or a shallow dent in your shoulders. Then your doctor may ask you perform tests designed to replicate your symptoms, called “provocation tests.” Here are some tests that are used:

Roos Stress Test: Holding your elbows at shoulder height and repeatedly opening and closing your hands, while holding back your shoulders. Your doctor will note any resulting symptoms
Adson’s Maneuver: turning the head towards your ailing shoulder with an outstretched arm. While inhaling, your doctor checks your pulse.
Wright Test: Holding up and rotating your arm, while your doctor checks your pulse.
Selmonosky Triad: Elevating of the hands to evaluate tenderness and/or weakness in the 4th and 5th fingers.

Your doctor may order other tests to aid in diagnosis. An X-ray, MRI (magnetic resonance imaging scans), EMG (electromyography), or Nerve Conduction Study may be required.

TOS Treatment:
Untreated Thoracic Outlet Syndrome can cause permanent nerve damage. Treatment is designed to control and minimize pain, while improving quality of life. Surgery is sometimes considered for TOS, but usually as a last resort. Here are more conservative treatment approaches, which can be most effective with early diagnosis:

  • Physical Therapy: To strengthen muscles and improve both posture and range of motion.

  • Stretching: Certain back and shoulder exercise can relieve the nerve compression causing TOS. Follow the instructions of your practitioner.

  • Relaxation: Deep breathing and other relaxation techniques help with tense neck, back and shoulders.

  • Posture correction: Correct breathing, adjusted chairs, braces or even improved shoes can assist in maintaining better posture.

  • Medication: Prescription pain killers, muscles relaxers and anti-inflammatories can help with overall muscle relaxation. Cortisone or Botox are also used in TOS treatment.

When the above treatments are ineffective, your doctor might recommend surgery which normally involves reparation of blood vessels, or possible tissue removal.

If you are in California, and you believe that you or a loved one is suffering from Thoracic Outlet Syndrome due to the negligence of another or an accident, please contact us. Call the Law Offices of Greenberg & Rudman LLP toll-free at 1-800-ALAWPRO (1-800-252-9776). Speak to an experienced personal injury lawyer who knows your rights. All consultations are free and confidential.

March 26, 2008

SIX FLAGS THEME PARK ACCIDENT RESULTS IN BACK INJURY: LAWSUIT FILED FOR NEGLIGENCE AND PRODUCT LIABLILTY

A woman has sued Six Flags Texas and an attraction manufacturer for back pain and neck injuries she received in a park accident in 2006. Her lawsuit charges the theme park with negligence in the operation and maintenance of the ride which includes spinning participants in swing-like chairs. Injuries suffered by nine park-goers included bruising, back strain and neck strain. The lawsuit also claims product defect and “operator error.”

The accident occurred when mechanical bearings responsible for spinning the ride malfunctioned. In response, the operator deployed the emergency safety mechanism causing the ride to stop and abruptly lower the chairs and patrons inside. This movement caused the riders knock into each other, resulting in neck injury, back injury and bruising. One person was taken to a hospital for back pain.

roller%20coaster.jpgThe lawsuit claims the ride is “defective and dangerous.” Lawyers for the claimant said that the park had mistreated their client, stating she “couldn't get any cooperation from them, so she felt this was her last recourse.”

Have you or a loved one been suffered a back or neck injury in an accident in California? Are you the victim of negligence or product liability? Let an experienced attorney help you know your rights. Please call the Law Offices of Greenberg & Rudman LLP at 1-800-ALAWPRO (1-800-252-9776) for a free consultation. We will come to your hospital room.

March 25, 2008

VENTURA COUNTY PERSONAL INJURY ATTORNEY

Ventura County is the home to over 750,000 people. Each year in California, thousands of innocent people are the victims of accidents involving negligence. If you have been injured as the result of a car accident, a negligent product, or dangerous public or work premises, you may be entitled to receive damages for your suffering. Accidents can cause serious emotional and physical pain, and we are here to help you through this difficult time.

car%20accident%20head%20on.jpgThe Law Offices of Greenberg & Rudman LLP are an experienced and respected Southern California law firm dedicated to protecting the rights of people injured through the negligence of others. With an extensive record of trial and settlement success, we know how to represent your needs and fight for your rights.

If you or a family member has been injured by the negligence of another in California, let a personal injury attorney help. Please call the Law Offices of Greenberg & Rudman LLP at 1-800-ALAWPRO (1-800-252-9776) today for a free and confidential consultation. We’re here for you.

March 20, 2008

CALIFORNIA WHIPLASH INJURY ATTORNEY: SUFFERING FROM NECK PAIN FROM A CAR ACCIDENT? (PART II)

Whiplash, a potentially serious injury, is characterized by neck pain and stiffness experienced after a sudden or strenuous injury to your neck. Also known as neck sprain or neck strain, whiplash occurs during motor vehicle accidents, slips or falls, assaults or sporting activities. In yesterday’s blog, we wrote about Part 1 of Whiplash- Causes and Symptoms. Today, our blog discusses the diagnosis of whiplash, along with neck pain treatment and prevention.

Whiplash Diagnosis
If you believe you have sustained whiplash from a car accident or other injury, consult a doctor immediately. After taking a medical history, your doctor will perform a careful head and neck examination. The doctor may order X-rays, an MRI (magnetic resonance imaging) or a CT (computerized tomography) scan to see if any neck bones have been broken and to search for other injuries.

Neck Pain and Whiplash Treatment
Though your pain may subside earlier, your neck can take up to three months to heal completely. If your whiplash is severe, recovery time may take up to a year.

rear%20ended.jpgIn the meantime, there are many things you can do at home to improve whiplash. Here are some treatment suggestions:

  • An ice pack (or cold pack) on your neck for 10 to 15 minutes at a time for 2 or 3 days can ease pain. You may also try switching between hot and cold. If you have swelling, do not use heat.

  • An orthopedic pillow or tightly rolled towel placed under your neck instead of your pillow can provide relief for sleeping.

  • Wear a soft foam collar. They support your neck and are available at drugstores. The collar should be used for temporary treatment, unless you are told otherwise by your doctor.

  • Pain medicine such as aspirin, acetaminophen, or ibuprofen can ease your discomfort. Muscles relaxers or stronger pain medication may be prescribed by your doctor for those suffering from severe or long-lasting pain.

  • Stay away from work or activities that include heavy lifting or sports which require head movement.

  • Physical therapy as prescribed by a doctor helps many whiplash sufferers.

  • After your pain goes away, perform gentle neck and back-stretching exercises, as prescribed by your physician or physical therapist.

Whiplash Prevention

  • Always wear your seatbelt to prevent whiplash while driving. Also make sure that your headrest is adjusted to the appropriate height (the middle should be flush with the tops of your ears).

  • The effectiveness of airbags preventing or minimizing whiplash is still being studied.

Let us help you. If you or a family member have suffered whiplash due to an accident or at work injury, please speak with an attorney. If you are in located in California, call the Law Offices of Greenberg & Rudman LLP for a free and confidential consultation at 1-800-ALAWPRO (1-800-252-9776). We are experienced, and we know your rights.

Photo by PDAgrl