Recent Blog Posts
What You Should Know About Turo Auto Rental Accidents
Car rentals in California have been available for many years. In fact, the market is affluent in the state because of the amount of tourism; and even if you are a resident in the state, you may find yourself in need of a car rental. Rideshare companies such as Uber and Lyft have really… Read More »
SETTLEMENTS WITH MEDICARE SET ASIDE ARE THEY THE WAY TO GO – PART 3
I’ve talked (blogged) briefly about the benefit to a Medicare Set Aside and it’s impact on the amount of a settlement in Part 1 & 2 of this blog. Now let me give you a small example of how this worked. I had a woman contact me about settling her future medical care a… Read More »
Infant Injuries Following Shoulder Dystocia
When a medical care provider is negligent in the delivery of a newborn baby, accidents or incidents such as that of shoulder dystocia can occur. Dystocia or other serious complications in the delivery of the newborn may occur. Injury to the mother may also occur such as severe internal injuries and bleeding or other… Read More »
MICRA LIMITS RISING?
A ballot measure was recently proposed to seek changes in the Medical Injury Compensation Reform Act (known as “MICRA,”) which presently caps non-economic medical negligence damages to the sum of $250,000.00. FIPA, the Fairness for Injured Patients’ Act, is proposed for the 2020 ballot. It would immediately raise the MICRA limitation cap, to approximately… Read More »
SETTLEMENTS WITH MEDICARE SET ASIDE ARE THEY THE WAY TO GO – PART 2
I think the very best thing about settlements that include an MSA (i.e Medicare Set Aside) versus a settlement that does not include an MSA, is the perspective used by the parties to arrive at an ultimate settlement. The majority on non-MSA settlements are what I call “Supply & Demand” settlements. Many, if not… Read More »
Investigations Conclude: California Hospitals Make Hundreds of Thousands of Medical Mistakes
According to NBC News, state records indicate that California hospitals account for an astonishing amount of medical mistakes, or as labeled adverse mistakes. According to the findings, these adverse mistakes are the leading cause of fatality in the nation after cancer and heart attacks. A study published by the Journal for Patient Safety found… Read More »
IDENTIFYING DEFENDANTS – LOOKING UNDER EVERY ROCK
One of the many important parts of litigation involves the identification of potential defendants. Leaving out an important party can have far-reaching negative consequences: by failing to include a necessary defendant, an injured person may be time-barred from bringing a lawsuit against that person/entity in the future, and may leave the injured person to… Read More »
Design Immunity: Court of Appeal tells Plaintiff “Look Where You are Going”
“The rule deciding this case is ‘look where you are going’.” the Court of Appeal for the Second Appellate District cavalierly stated on October 16, 2019. The case, Dobbs v. City of Los Angeles (2019) 2019 Cal. App LEXIS 1027, involved injuries sustained by Ms. Dobbs when she struck a concrete pillar, or bollard,… Read More »
The Future of the “No Driver” Trucking Industry and How It Can Affect You
Autonomous vehicles are the future of the auto industry. The fascination that consumers and companies alike have with Automated Driving Systems (ADS) has opened a new era of transportation forcing changes to the traditional means of transportation. This past February alone, companies made over $1.6 billion dollars in investments to the industry, thus marking… Read More »
Workers’ Comp Claims and Benefits in the State of California
If you were injured or have otherwise suffered an illness because of a work-related activity, you will need to notify your employer immediately – as soon as you believe you have a work-related injury or illness. You will then need to file a workers’ compensation claim with your employer by completing the appropriate portion… Read More »
