Los Angeles Personal Injury Attorney Blog

Rental cars avoid regulation, lead to paralysis in California

2012-02-21T16:00:24Z

When someone rents a car, they would expect that the vehicle has passed rigorous safety standards, and it has been maintained in accordance with all manufacturers guidelines. Unsuspecting renters would also assume that all manufacturer recalls and repairs have been made. Unfortunately, some California residents, including one who suffers from paralysis, who rented from various car rental places, have found out that those cars aren't maintained like one would expect. They also lack very standard safety features.

Three women driving a rental car that was under recall for a power-steering fluid problem called their vehicle a ticking time-bomb that they didn't know about. The car's power-steering fluid leaked, causing a fire, which made the driver lose control and crash into a semi-trailer. A California woman settled a lawsuit in 2003 with another car rental company after the company deleted the common traction control option to save a few hundred dollars, contributing to her vehicle rolling, causing her paralysis.

]]> Now, the issue of rental car safety is gaining some traction. One major car rental company has called on Congress to prohibit rental companies from selling or renting cars that have unfixed recall issues. To California senators have also backed proposals and hope to introduce it in Congress when they resume sessions at the end of the month.

One would hope that increased regulation would help prevent further paralysis and severe injuries for people in California and across the country. Although regulation is a step in the right direction, companies still need to be held accountable for neglecting safety standards. Maintaining rental cars is the responsibility of the companies providing the service and they should be held liable for preventable injuries to their customers.

Source: USA Today, "Safety advocates: Rental car recalls should be regulated," Gary Stoller, Feb. 21, 2012

Exploding electric cigarette causes burn injury

2012-02-17T16:07:21Z

Sometime people who are trying to kick a dirty habit like smoking turn to devices to cope with addiction. One man turned to electronic cigarettes as an alternative to smoking in order to eventually quite. This week, the man's e-cigarette exploded in his mouth, causing severe burn injuries. He lost all of his teeth and part of his tongue from the explosion.

The local fire chief said that the cigarette was unrecognizable, but it probably had a lithium battery, which likely caused the explosion. These batteries have had a history of causing serious burns in the past. E-cigarettes are not regulated by the Food and Drug Administration.

]]> This product was meant to help the man stop smoking, but instead it causes catastrophic injury. It is likely the man will need extensive surgeries, and even with those surgeries some of the damage may be irreparable. Although this product is not regulated by the FDA, the manufacturer of this product should still be held accountable for the product defect that likely caused this explosion.

Because of the extensive damage done to the man's face, he will likely face a large hospital bill as well as future medical costs for reconstructive surgeries. The pain and suffering from this burn and explosion is likely high, and the man may be able to seek compensation for his pain and medical costs.

Speaking with a personal injury attorney can help those who suffer from burn injuries from defective products seek the compensation that they deserve.

Source: Yahoo News, "Man Suffers Severe Injuries After E-Cigarette Explodes in His Mouth," Mikaela Conley, Feb. 15, 2012

Suit settled for wrongful death of California Actress

2012-02-13T17:06:52Z

When someone is wrongfully killed, either intentionally or unintentionally, by the actions of another person, their family often goes through significant emotional and financial hardship. The loss of a family member can be hard enough, but if they are depended on for income, the loss may also cause financial problems. Sometimes to deal with this loss, people file wrongful death lawsuits against the person responsible for a family member's death.

Donna Clarkson, the mother of actress Lana Clarkson, has settled a wrongful death lawsuit for her daughter's. The actress was shot and killed in the actor Phil Spector's Alhambra, California home. Spector was convicted of killing the woman in 2009 and is serving a minimum of 19 years in prison.

]]> Although the death of this actress involved a criminal conviction as well as the civil wrongful death lawsuit, this isn't always the case. A person can sometimes still file a wrongful death lawsuit against another person even if there isn't a criminal trial.

These lawsuits can be used to seek compensation for the person's funeral costs and loss of future income. They can also help families seek closure for their loved one's death. Although a wrongful death lawsuit won't bring a family member back, it could help some California families receive compensation to ensure their financial future will be secure without the income of their loved one. Those who have lost a loved one because of another person's negligence or intentional actions might be wise to speak with a personal injury attorney to help them understand their rights.

Source: Washington Post, "Mother of slain actress Lana Clarkson settles wrongful death suit against Phil Spector," Feb. 3, 2012

Burn injuries could result from defective coffee makers

2012-02-09T19:26:57Z

The last thing someone would expect when they wake up is to be burned by their coffee maker. The newest trend in coffee makers is single-cup brewers, including one model which has been causing burn injuries across the country.

The company that makes Tassimo single-cup coffee makers has announced the recall of 835,000 coffee makers in the United States and 900,000 in Canada. The Consumer Product Safety Commission says that 37 out of 140 cases reporting a problem with the machines resulted in second-degree burns.

]]> According to a report by the Associated Press, the single-cup coffee disc that is put into the machine before each use can explode while the coffee is brewing, spraying very hot water, coffee grounds and tea leaves onto unsuspecting victims. Because the tea leaves and coffee grounds stay on the skin longer than water, they may cause a deeper burn. A 10-year-old girl laws burned on her neck and face causing her to have to go to the hospital.

The company has also recalled 4 million of the packages of the discs that go in the maker. This problem is a far-reaching danger. Companies should be held accountable for the products they make. Consumers are forced to put their trust in the manufacturers of products because they are not able to independently test every product that they buy.

People who may have suffered burn injuries from defective products may be able to seek compensation for their injuries. It might be wise to speak with a personal injury attorney if you are ever injured by a poorly manufactured product.

Source: Associated Press, "Tassimo coffee makers recalled over burn risk," Jennifer C. Kerr, Feb. 9, 2012

Amidst long recovery, finances tight for California burn victim

2012-02-06T20:01:27Z

Burn injuries are extremely painful and can be life threatening. They often occur from sudden accidents and can be debilitating, leading to multiple painful surgeries and years of recovery. The effects of a burn injury are felt physically, emotionally and financially.

One burn injury victim in California has made a recovery that defies the prognosis his doctors had for him. Although he made an excellent recovery, his family now struggles to make sure his medical bills are paid for, over a year after the accident, even though his mother had excellent health insurance.

]]> After being burned in tragic car accident that left 85 percent of his body burned, the man is now fully independent, but not without the need for future surgeries and a long painful recovery. The car accident in August 2010, which killed four other people, left the young man in a coma for four months and doctors gave him a 1 percent chance of surviving. He faced nearly 50 surgeries during the year after the accident. When he was released from the burn center in Los Angeles, he spent another month in the hospital before finally coming home.

Without his mother's extensive insurance coverage, the burn injury would have left the California man with millions of dollars in hospital costs. Even though her insurance coverage was so good, the family still faces a mountain of medical expenses for future reconstructive surgeries. So far donations have helped raise around $50,000, but more money will still be needed. This case shows that no matter how good a person's insurance is, medical costs can still cause financial hardship for accident victims.

Source: The San Diego Union-Tribune, "Burn survivor defies odds," J. Harry Jones, Feb. 4, 2012

New technology could increase personal injury, false security

2012-02-01T15:00:00Z

The new technology being integrated into our vehicles is astounding. Our cars can now virtually drive themselves, right? Wrong. While the cool new sensors being installed in new vehicles might help prevent us from going off the road, they aren't 100 percent fail proof, which may give some people a false sense of security. This sense of security might encourage riskier driving behaviors increasing the risk of personal injury from a car accident.

Some of the latest vehicle technology includes lane sensing cameras and drowsiness detecting vehicles. This technology can be highly beneficial, keeping drivers from crossing a lane marker without the use of a turn signal and suggesting that a driver exhibiting a pattern of a drowsing driver pull off the road and get rest. While this technology can be beneficial, experts say it may encourage some drivers to participate in riskier driving behaviors.

]]> People might think their cars will just adjust to their riskier driving habits and prevent crashes in even the most extreme circumstances. Since the technology doesn't always work properly, a dependence on it might provide a false sense of security, increasing the likelihood of personal injury in a car accident.

Even if the technology worked 100 percent of the time, these cars are not as good as people in detecting the context of a critical situation. If a ball rolls out into the road, humans would know that a child might be the next thing moving into the road. If a computer in the vehicle detects a ball on the road, it might think it is a small animal, and react very differently. Drivers must remain attentive and be accountable for their actions no matter how technology develops.

Source: New York Times, "Trying to Nudge Drowsy Drivers," Randall Stross, Jan. 21, 2012

Cell phones while driving cause wrongful deaths in 2011

2012-01-30T14:44:16Z

For every 11 traffic related fatalities last year, one was caused by a driver whose attention to their cell phone just couldn't wait. People across the country are obsessed with the instant communication technology. It is attached to us at the hip. Cell phone usage while driving is causing a large number of wrongful deaths. These deaths are 100 percent avoidable, and last year proved especially deadly because of those constantly texting and talking drivers.

Last year, 3,092 people died because a driver couldn't wait to take that phone call, or text "Hey, how are you?" to their friends. This constant obsession with being connected to the world at every minute of the day, is taking away the lives of people across the country.

]]> Putting your cell phone in the glove compartment may save your life or the life of someone else. Families who have to deal with the loss of a loved one suffer tremendous pain and in a rough economic environment, the income their loved one brought in, might be crucial to maintaining their lifestyle. Now, because of negligent drivers, 3,092 families have to deal with all the costs of a wrongful death.

If someone is injured or killed as a result of a driver who was texting or talking on a cell phone, they or their family may want to speak with a personal injury attorney. Although seeking compensation for the loss of a family member can't bring them back, it may be able to help mitigate the financial hardship incurred by the loss.

Source: USA Today, "Feds: Phoning, texting killed 3,092 in car crashes last year," James R. Healey, Dec. 8, 2011

Development affected by brain injuries in young children

2012-01-25T23:07:50Z

An accident that happens in the blink of an eye can change a life forever. Sometimes through intensive therapy, adults are able to recover from some symptoms of a brain injury, but according two studies published this week, the effects of brain injuries in children can be much more devastating.

The studies concluded that children who suffer from severe traumatic brain injuries have hindered cognitive development and long-term intellectual ability. This finding further exemplifies the dangers that traumatic brain injuries can have on the life not of just one individual, but a whole family.

]]> These studies also highlight the fact that for years many people in the medical community thought that children had a unique ability to rebound from traumatic injuries easier than adults. That is why it is especially important to safeguard children from things that might cause brain injuries.

Sometimes, however, accident is not the fault of the child or their parents. Those who are victims of an accident involving a third party can be impossible to safeguard against. You never know when a car accident will occur or when someone else's negligence could inflict harm on a child, but it is important that parents understand their right if their child is ever injured.

Seeking the advice of a personal injury attorney can help those injured in an accident get the compensation that they deserve. Compensation can be used to help pay medical bills and pay for long-term care that might be needed as a result of a traumatic brain injury.

Source: CNN, "Severe traumatic brain injury affects development in young children," Jan. 23, 2012

Car accidents lead to increase in pedestrians hit

2012-01-23T16:01:07Z

Last week we told you about a person who was critically injured in a car accident in Los Angeles. This comes as new statistics show that pedestrian related car accidents increased in 2010. The National Highway Traffic Safety Administration, which monitors transportation related accidents across the country to determine the cause of accidents and issues recommendations to help prevent accidents, released the new data late last year.

The NHTSA says that the number of pedestrians injured across the country increased a staggering 19 percent, increasing to 70,000 people, up from 59,000 in 2009. The data also show there was a 4.2 percent increase in the number of pedestrian deaths. These numbers are alarming, and experts say they have yet to determine the cause of the increase.

]]> According to the USA Today, there are a few possible causes to this increase. Cities across the country are building wider roads, with more lanes of traffic, and are moving more cars on the roads, without pedestrians in mind. These roads often aren't engineered to support the safety of pedestrian traffic.

New housing trends also might be contributing to the increase in pedestrian accidents. More people are moving places where they can walk to shopping areas, work and grocery stores. This increase in pedestrians in one area often comes without improved safety for those who choose to walk to their destinations.

All of these things might be contributing to an increase in injuries and death, but drivers still need to be paying more attention. With all the technology that distracts drivers, people are paying less attention to driving their vehicles. These distractions will most likely lead to more car accidents. Every day we are learning more about how destructive these distractions are.

Source: USA Today, "As U.S. road deaths drop, more pedestrians getting struck," Larry Copeland, Dec. 8, 2011

Pedestrian critically injured in Los Angeles car accident

2012-01-19T23:12:32Z

People are often distracted in their cars. There is technology everywhere we look, and great temptation to use it while driving. Unfortunately, sometimes these distractions cause car accidents that can have devastating consequences, like one accident that happened today.

A pedestrian was critically injured when they were struck during a four-car collision. The person was transported to the hospital around 9 a.m. Another pedestrian and one of the vehicle passengers also suffered non-life-threatening injuries. The cause of the accident is still under investigation.

]]> Although it isn't known who is at fault for the accident, drivers need to learn to be on the lookout for pedestrians, especially around intersections. Intersections might cause drivers to try to make a quick turn on a red light and not pay attention to people walking in the crosswalk, or sometimes drivers stop in the crosswalk without looking for pedestrians. These accidents often result in severe injuries to the pedestrians. Pedestrians should be cautious when crossing the road, but driver should have an increased responsibility to watch for people who might be crossing.

Because they aren't protected by a vehicle or modern safety devices, pedestrians involved in car accidents often suffer traumatic injuries. This can lead to large hospital bills, future medical needs and extensive rehabilitation. If someone is injured in a car accident, they may need assistance doing things they once considered routine tasks.

Seeking the help of an experienced Los Angeles personal injury attorney can help victims of a car accident seek the compensation they need to cover lost wages and current and future medical expenses.

Source: Contra Costa Times, "Pedestrian critical in 4-car crash," Jan. 19, 2012

Settlement reached for Los Angeles area woman's wrongful death

2012-01-17T15:36:42Z

Losing someone you love can be overwhelming. There are many questions a family asks and a lot of details to deal with when someone dies. Funeral costs, dealing with the emotions of losing your family member and figuring out how to deal with the person's estate are some things that a family usually goes through. If your family member is killed by someone else's negligent or illegal behavior, a wrongful death lawsuit might help cover some expenses incurred by your loss.

A California family has been grieving the loss of their loved one since 2007. The woman was beat to death with a baseball bat on a gymnasium floor in a Los Angeles area armory, leading to her wrongful death. Now, the family has settled a wrongful death lawsuit, just before the defense testimony. The woman's three half-siblings sued the state of California after their sister's death.

]]> An army sergeant beat the woman to death, and the state was held accountable because the man was a state employee and on state property. The story published on Patch doesn't indicate whether there was a motive for the beating and eventual death, but it is possible that there was a disagreement of some sort. If there was a disagreement it would not have justified the woman's wrongful death.

Although the man who committed the crime was not involved in the settlement, it is important that he be held accountable for his actions as well. The story doesn't indicate whether a separate suit was filed in Los Angeles for wrongful death against the man or what criminal legal action might have been taken against him.

Source: Patch, "Settlement Reached in JoAnn Harris Culver City Armory Death," Kelly Hartog and City News Service, Jan. 12, 2012

Man suffers critical burn injury in Los Angeles fire

2012-01-12T20:27:45Z

Waking up in the middle of the night to a panicked situation is undoubtedly frightful and disorienting. That's exactly what happened, when four people in Los Angeles escaped a fire early this morning. One man suffered a severe burn injury. The man is 53 years old, and suffered burns on 60 percent of his body. Fortunately, the other man and two women in the house escaped without injury.

The second degree burns will likely mean the man will have a long recovery. Because the burns cover a large percentage of his body, he will likely have mobility issues, and may need extensive recovery and treatment to help repair the damage to his body. He may also need assistance for an unknown length of time for even routine tasks. The cause of the fire is still under investigation.

]]> Sometimes fires are caused by electrical issues due to old or unmaintained wires. It could also have been caused by a human error such as a candle left burning or a person leaving a hot appliance on before going to bed. The fire happened in the Woodland Hills area of Los Angeles. Reports did not say what hospital the man was transported to for his burn injury.

If it is found that the fire started from a maintenance issue, or the negligence of another person, the man may be entitled to compensatory damages for his injuries. These damages could help the man pay for hospital bills, future medical expenses and lost wages depending on the severity of his burns and length of his recovery.

Source: KABC, "Man critically injured in Woodland Hills house fire," Jan. 12, 2012

Epidural shots could lead to paralysis

2012-01-09T15:06:48Z

A growing pain relief technique could lead to serious injury, and is now being investigated by the U.S. Food and Drug Administration. The agency is looking into an increase in severe complications, including paralysis from steroidal injections into the epidural space near the spine.

These injections are meant to relieve pain for people suffering from chronic neck and back pain. They take just a few minutes to administer, but increasingly are causing a lifetime of complications or paralysis, according to reports. In the past, it was believed these shots caused few side effects and were mostly safe, but more data is suggesting that complications increase with the number of shots. With an aging population and higher reimbursements from Medicare, these injections are being used more often.

]]> One man was paralyzed from the shots, left nearly blind and can only speak again after intense speech therapy. The Vietnam veteran was hoping to relieve pain from his chronic neck pain. He received a steroidal shot, suffered a stroke during the procedure and was left paralyzed as a result.

Drug companies and doctors should be working together to make sure the medications they are administering are safe for their patients. They should report complications that arise from these procedures to make sure any potential widespread complications are avoided for other people.

Unfortunately, for the man who was left paralyzed, he now lives a life restricted by the extreme side effects of this shot. His wife will need to take care of him for the rest of his life and he may need further therapy.

Source: Business Week, "Epidurals Linked to Paralysis Seen With $300 Billion Pain Market," David Armstrong, Jan. 4, 2012

California man awarded millions after hitting head at Starbucks

2012-01-05T20:33:01Z

Picking up your daily cup of coffee might seem pretty harmless. Unfortunately, one Southern California man suffered a brain injury after slipping and hitting his head on the floor at a Starbucks after an employee finished mopping.

At the end of last month, a Vista Superior Court jury awarded the man's family and his chiropractor $7.5 million after the man and the largest coffee retailer in the world failed to reach a settlement. The money will be used to compensate the man for his injuries as well as future needs, such as assistance he might need to do basic tasks.

]]> The company should be held responsible for the safety of its customers. According to witnesses, the store only put out one caution cone after mopping the area of the store where the man slipped, but the store manager said there were three.

According to the court, the man suffered from nausea and a concussion. His doctors later told him that he would have to undergo brain therapy to help with the mild brain trauma they say he suffered. He has not been able to work since the injury in March 2008.

The compensation cannot restore the man's lifestyle that has changed since this accident, but it can help pay for the large amount of medical bills he has likely already incurred, lost wage as well as his pain and suffering and his future needs. He may require assistance for the rest of his life, depending on the severity of his injuries and whether he continues to recuperate from the brain injury.

Source: The Sacramento Bee, "Man awarded $7.5M after slip-and-fall at Starbucks," Dec. 23, 2011

Multiple car accident injures 11 in Los Angeles

2012-01-03T15:48:37Z

We all think we are good drivers. However, sometimes it doesn't matter how good we can drive, especially when other people on the road are not paying attention. With more distractions than ever, people are paying more attention to their cell phones than they are to the road. From cell phones to GPS systems, people's eyes can sometimes be watching anything but the road.

Although the cause is still unknown, it is a good possibility that a multiple car accident in south Los Angeles on New Year's Eve was caused by a distracted driver. The accident left 11 people injured, and probably a lot of damage to vehicles.

]]> A larger concern than their vehicles, the people involved now have to deal with insurance claims, hospital bills and lost wages from missing work. They may face long recoveries and pain and suffering. There are many unknowns when you are injured in a car accident. These unknowns can sometimes cost you thousands of dollars in bills.

Seeking help from an experienced Los Angeles personal injury attorney can help you get the compensation you deserve. This compensation could include lost wages, payment for hospital bills and emotional and physical pain and suffering that resulted from the accident. By conducting a thorough investigation of their own, a personal injury attorney can help recreate the accident.

A car accident caused by another person's negligent behavior can cause you a lot of pain and financial hardship. Understanding your rights can help minimize the traumatic impact an accident can have on your life and help you make a speedy recovery.

Source: KABC, "11 injured in South LA car crash; cause unknown," Dec. 31, 2011