California Personal Injury Lawyers Blog

California Medical Malpractice – Unfair Limits on Pain and Suffering

May 23, 2013 | by Robert Walch

In 1975, the Medical Injury Compensation Reform Act (“MICRA”) was set into law in California. This law unfairly limits the amount of money that a victim of medical malpractice can receive for his or her pain and suffering to only $250,000. This amount has not gone up with inflation in 38 years and is the limit regardless of how severe the injury and malpractice. For example, if a doctor were to negligently remove the wrong leg of a patient, the pain and suffering of the crippled patient is limited to the same $250,000.

For the protection of California’s citizens, this law obviously needs to be changed. We urge our readers to vote in the poll on the website for the Los Angeles Business Journal, by clicking here. The poll is on the bottom right of the page, and we urge a “yes” vote, that the limit on California medical malpractice is unfair and far too low. As of the time of publishing this blog post, 92% of the votes in the poll favor raising the unfair limit on pain and suffering damages.

Newbury Park Wildfire Threatens Homes

May 3, 2013 | by Robert Walch

The “Springs Fire,” which has now burned over 10,000 acres, is threatening about 4,000 homes in Newbury Park California. The California brush fire has caused damage to at least 15 homes and other properties so far. As of now, the Newbury Park fire has not been contained and many residents have had to evacuate their homes.

Fortunately, no incidents of injury or death, to residents or firefighters, have been reported. As always, with a fire as massive as this one, the risk of fire and burn injuries is significant. Adding to the danger is the fact that the Santa Ana winds have been blowing particularly strong this week. Further, the lack of rain in the Los Angeles area this year heightens the risk of brush fires and makes it easier for the fire to spread.

According to CNN, the California fire started on Thursday morning in Camarillo, California, and traveled all the way to Pacific Coast Highway. Due to the fire, a 10 mile area of PCH was closed, just north of Malibu.

As of now, the cause of the Newbury Park brush fire remains unknown. Sometimes these fires are caused by arson, in which case the arsonist, if caught, can face serious criminal charges, including murder if any deaths result from the fire. If caught, the arsonist would also face civil liability for the fire damage caused to property.

Police Looking for Suspect in Beverly Hills Bicycle Crash

April 24, 2013 | by Robert Walch

The Beverly Hills Police Department is looking for the suspect in a hit and run Beverly Hills car versus bicycle collision. According to the Los Angeles Times, the Beverly Hills bicycle crash occurred after a confrontation between the bicycle rider and the driver of a white 3 Series BMW. The bicyclist apparently punched the driver in the face prior to the bicycle crash.

The driver of the BMW then allegedly threatened to kill the bicyclist and crashed into him in an alley behind a restaurant. The car crushed the bicyclist against a steel trash bin, causing bicycle collision injuries to the bicyclist. The bicyclist was taken to the hospital for his injuries, but they were not life threatening.

Surveillance footage of the Beverly Hills bicycle collision can be found by clicking here, courtesy of the L.A. Times. The video shows the BMW swerving to the left, apparently to intentionally collide with the bicyclist, before driving off. The Beverly Hills auto v. bicycle collision occurred on April 3rd, 2013, but police still have not located the driver of the BMW.

TWO BOMBS EXPLODE AT BOSTON MARATHON – 3 KILLED, OVER 170 INJURED!!!

April 16, 2013 | by Robert Walch

Yesterday afternoon, Monday, April 15, 2013, two bombs exploded during the Boston Marathon, reportedly killing three and injuring more than 170. Some of those injured are critical, many reportedly losing limbs and suffering shrapnel and other serious injuries.

With over half a million present and twenty thousand runners from over 100 nations, the casualties certainly could have been far greater, but that is no comfort to those tragically affected by this horrific act of terrorism. Those responsible have not been arrested or identified, and presently there is no information whether those responsible are foreign or domestic. Regardless, this act, the first apparent successful act of terrorism against a city in the United States since Sept 11th, is one committed by cowards against innocent, defenseless people participating in what was to be a wonderful day of excitement, exercise and celebration.

Initially a 15 block area was closed off to assist investigators with the crime scene and this morning the Police Commissioner announced it has already been reduced to 12 blocks, with further reductions planned. Although the crime scene area is closed off, city official have stated there is a heavy police presence at public areas, such as Logan Airport, where traffic had been suspended, and city subway stations, and urged the public to come into Boston.

Lakers’ Player’s Bentley Totaled in Los Angeles Car Accident

March 31, 2013 | by Robert Walch

Jordan Hill, a forward on the Los Angeles Lakers, had his Bentley totaled in the early hours of Saturday morning after a Los Angeles car accident. According to BleacherReport.com, the Bentley was driven by Hill’s friend, Michael Lacey, a former college basketball player, when it crashed into an apartment building.

It does not appear that anyone was hit by the car when it crashed into the building, but Lacey and/or his female passenger did appear to sustain injuries, as police are said to have followed a blood trail from the car to the apartment elevator, in the building where Hill has an apartment.

Lacey was arrested on charges of driving under the influence. Neither Lacey, nor his passenger, required hospitalization for their Los Angeles car accident injuries. Hill, who apparently was not involved in the crash, did not sustain any injuries, although he is still recovering from his hip surgery.

Two Seriously Injured in Los Angeles Gas Explosion

March 15, 2013 | by Robert Walch

A Los Angeles gas explosion at a Sports Chalet in La Cañada Filtridge resulted in serious burn injuries to two store employees. According to the Los Angeles Times, the employees were going to shut off a gas valve, after a person reported smelling gas, when the explosion occurred. The two employees suffered serious burn injuries in the gas explosion.

The employees reportedly suffered second and third degree burns in the La Cañada Filtridge gas explosion. Sport Chalet, the owners of the store, and employers of the injured employees, has apparently offered their support to the injury victims and is having a blood drive on March 26th, with the American Red Cross.

The store employees, who were injured on their job, should be able to make a Los Angeles workers’ compensation claim against their employers’ workers’ compensation insurance coverage. This is coverage that will cover the employees regardless of who caused the accident. From a Los Angeles personal injury standpoint, if any customers of the store had been injured, they would have to make a claim against whoever was responsible for causing the gas explosion in La Cañada Filtridge.

Van Nuys Motorcycle Accident Results in Possible Wrongful Death

March 12, 2013 | by Robert Walch

A man was killed on Monday in a Van Nuys motorcycle accident. The motorcycle accident in Van Nuys occurred on the 405 Freeway. The motorcyclist was headed southbound on the 405 freeway, at around eight in the morning, when he collided with at least one other vehicle.

The 405 freeway accident caused the closure of three lanes near Sherman Way. According to the Los Angeles Daily News, the victim of the 405 freeway motorcycle accident was an adult male, but he has not yet been identified. Many drivers who passed by this tragic accident scene reported that the motorcyclist passed away at the scene and was not transported to a hospital.

We have not yet heard if the California Highway Patrol has determined who was at fault for this Van Nuys motorycle crash. It will be necessary to interview witnesses and the drivers of the other vehicle or vehicles involved in the crash, before determining fault. Unfortunately, as we have written about before, and seen in many of our own cases, many witnesses typically blame the motorcycle rider, even when the driver of a car is at fault for causing the crash.

Pedestrian Killed in Downtown Los Angeles Truck Accident

March 11, 2013 | by Robert Walch

A downtown Los Angeles truck accident has resulted in the death of a 52 year old lady. Four other pedestrians were injured in the truck accident in Los Angeles. According to the Los Angeles Times, a Chevrolet Avalanche pickup truck apparently collided with five pedestrians while they were standing on the sidewalk. After striking the pedestrians, the truck crashed into Casa India Restaurant, on Broadway.

It is not clear what exactly caused the downtown Los Angeles pedestrian accident. It is possible the driver of the pickup truck lost control of the vehicle, causing the crash. In other similar circumstances, we have seen drivers suffer heart attacks or strokes before striking pedestrians or other vehicles. Here, according to the Los Angeles Police Department, the restaurant’s structural integrity was not compromised by the impact.

Injury victims of this Los Angeles accident should contact a Los Angeles truck accident lawyer to investigate the cause of the crash and to seek personal injury damages from the insurance company of the truck driver. The family of the woman who was killed should contact a Los Angeles wrongful death lawyer to seek wrongful death damages for the victim’s heirs.

Motorcycle Lane Splitting – Not Illegal – CHP Guidelines

March 8, 2013 | by Robert Walch

Contrary to the beliefs of many people in California, it is not illegal for motorcycles to lane split, meaning to pass between cars in adjoining lanes of a roadway. According to the Los Angeles Times, a survey found that 78% of motorcyclists admit to lane splitting. In order to help prevent California motorcycle accidents, the CHP has issued guidelines for motorcycle riders to follow when lane splitting.

First, the most important thing is that any lane splitting be done safely. Then, when lane splitting, the motorcyclist should not exceed 10 miles per hour over the speed of the traffic he or she is passing. Next, when traffic is flowing at more than 30 miles per hour, the motorcyclist should not split lanes. Finally, the motorcyclist should use the area between lane number 1 and lane number 2 when splitting lanes.

It is important to note that the above guidelines are not the law. Motorcyclists may get a ticket if they are deemed to be driving recklessly, even though they are following the CHP guidelines. Steve Guderian, of ABATE, the American Brotherhood Aimed Toward Education, argues that lane splitting should be called “lane sharing” and when driving in traffic, a lane splitting motorcyclist is actually less likely to get into a California motorcycle accident, by a rate of over two to one, compared to vehicles that are not lane splitting.

WORKERS’ COMPENSATION – MORE ON BENFITS PAID TO ATHLETES

March 7, 2013 | by Robert Walch

As reported here on March 1, 2013, in our blog entitled, “Workers’ Compensation Pays Cash Benefits to Out of State Athletes,” California provides workers’ compensation benefits for injured pro athletes. California is unique in that it does this not only for our own athletes, that is players and former players of our own California NFL teams, like the San Francisco 49ers, Oakland Raiders and San Diego Chargers, but it also does it for players and former players for any out-of-state team who played any games in California.

The reason California pays these work comp benefits is because we are unique in at least two respects:

First, under California law, an injured employee based in another state may claim benefits under California’s workers’ compensation system if the injured worker can show any injury occurred here. And, with all the pro teams located in this state, it is rare for a pro athlete not to play any games in California.

Second, California is one of just nine (9) states that allow workers’ compensation claims for “cumulative trauma injuries”. These are the types of injuries that build up over time. The most common non-sports cumulative trauma injury is carpal tunnel injury which many workers routinely suffer from many years of typing. In the NFL, the most common cumulative trauma injuries have been to knees (like Adrian Peterson’s torn ACL, but returning to win MVP), necks [like Payton Manning returning from four (4) reported neck surgeries to win Comeback Player of the Year] and backs.