Recent Blog Posts
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 healthcare 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 »
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 »
What You Should Know About Train Accidents in California
Presently, there are over a million train cars across the nation. The Federal Railroad Administration (FRA) reports that there are approximately 3,000 train-related accidents each year and about 1,000 of these accidents have fatal consequences. Other reports suggest that the amount of accidents and injuries could be much higher. This is true even though… Read More »
Disney Recalls Toy Story Plush
Disney’s movie franchise Toy Story has been a huge success for the famed company. With three very popular films, Disney released a fourth sequel to the franchise, and with it, a line of products for movie fans. While Disney products are generally well received, even Disney products can sometimes be designed or manufactured with… Read More »
UNINSURED AND UNDERINSURED MOTORIST COVERAGE IN CALIFORNIA
The State of California requires that all drivers carry minimal automobile liability insurance with bodily injury limits of $15,000.00 per person, $30,000.00 per event, and $5,000.00 in property damage. The intent behind the California requirement for these minimal liability insurance limits is to protect other drivers/victims from your negligence in the operation of a… Read More »
Court of Appeals rules “Common Carrier” Civil Code Section 2100 does not apply to commonplace hazards in a train Station
Alice Churchman sustained injuries when she fell when she lost balance while attempting to board a railway car run by the Bay Area Rapid Transit (BART). She alleged several factors combined to create a confusing situation on the rail platform: The opening and closing of doors of opposite sides of the cars Partially inaudible… Read More »
