Articles Posted in Settlements

The largest vehicle recall ever continues to grow over a year after it first started. Takata is an airbag manufacturer who produces airbags for most of the major car companies. Numerous deaths all across the United States have been blamed for these airbags deploying incorrectly and causing serious injury. To-date, vehicles from around 20 different automakers have been recalled because of defective airbags on the passenger side, driver side or both.

The airbags have a defective inflator that sometimes explodes with enough force to send sharp pieces of metal from the airbag into the car leading to catastrophic or fatal injuries. The National Health and Traffic Safety Administration (NHTSA) investigated and found that the problem is the result of ammonium nitrate without a drying agent. When this particular chemical deteriorates, especially in hot climates like here in Los Angeles, the airbags would explode with too much force, turning them from life-saving devices into essentially grenades.

The NHTSA has put out a tool that lets you look and see if your vehicle has been affected. It can be found at: https://www.nhtsa.gov/recalls. NHTSA also recommends that you use the VIN Look-up Tool at least twice a year to see if your vehicle is under any safety recall. Please note that vehicles that have not yet been recalled, but are scheduled to be recalled in the future under NHTSA’s Consent Order with Takata, will not be searchable until they are actually recalled – and it recommends checking for recalls twice each year in order to be sure.

These days, driving in California is more dangerous than ever. The number of accidents has grown steadily, and with it the number of back injuries attributed to those car accidents. When you or someone you know is the victim of a car accident some injuries are visible right away, but the majority of injuries from car accidents are internal and difficult to spot.

Even more challenging is the fact that sometimes you feel fine right after the accident, maybe even after the initial shock of the accident wears off, and only days later do you start to realize the true scope of the injuries you’ve received. Back injuries in particular have been shown to often take days (or longer) to develop after a car accident without having any outside signs of the real damage your body has sustained.

A headache could often indicate soft tissue injury to the back or neck, and what you may think is whiplash can very frequently be instead a pinched nerve or herniated disc. Even low speed crashes that don’t seem particularly bad can result in numbness or some tingling in your limbs or fingers/toes and these have been shown to be linked to spinal cord injuries and damage to your lumbar region (your lower back).

Every day, motorcyclists are injured by negligent drivers. This is especially true in busy metropolitan cities such as Los Angeles. If you or someone you know is injured in a motorcycle collision, how do you know how much your case is worth?

In this article, we discuss what you should know if you are the victim of another driver’s negligence, how to make an estimation of what your case might be worth, and why having a personal injury attorney experienced in motorcycle accidents on your side can make all the difference in the outcome of your case. Continue reading ›

In this article, we discuss if and when a business property owner is liable for the criminal acts of a third party on their property, and what you should do if you are injured by the criminal acts of a third party while on the property owned by a business.

The following is an easy to understand example:

You are doing your holiday shopping at one of the many malls in Los Angeles. You are on your way to your car with all of your bags of goodies, when suddenly a mugger runs out of the shadows, knocks you down, and steals all of your bags. In addition to losing all of your gifts, you struck your head on the pavement after being knocked down, and sustained a head injury. Must the shopping mall owners pay for your medical bills and other damages?

In this article, we explain the current law in California, including Los Angeles, regarding injury to a child and premises liability, and discuss what you need to know if your child is injured on someone else’s property.

For many years, the law in California regarding the liability of a landowner for an injury to a child on his or her property was based on the theory of “attractive nuisance.” The attractive nuisance doctrine was part of the larger legal picture regarding injuries to people that occurred on the property owned by another, called “premises liability.”

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Over the years as a personal injury attorney in Los Angeles, clients have often asked me if they can recover the lost resale value (“market value”) of their vehicle after property damage arising from a collision. As is often the case in the law, the answer is “it depends.”

In this article, we discuss the circumstances that lead up to a loss of future resale value of a vehicle, the current law governing such cases, and what you need to know about this when purchasing an automobile insurance policy.

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In our article entitled “What is Underinsured Motorist (UIM) Coverage?” we explained what underinsured motorist (UIM) coverage is, and how it is different than uninsured motorist (UM) coverage. In this article, we discuss exactly how long you have to file an underinsured motorist claim with your insurance company from the time of the collision, and explain the recent  legal cases  that can help you recover from your insurance carrier.

First, it is helpful to understand exactly what UIM coverage is, and how it is different than UM coverage. If you haven’t read our articles on these subjects, here is a quick explanation of UIM coverage.

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If you have been in an automobile collision that was not your fault, and you were driving without car insurance at the time of the accident, there is a law in California that will prevent you from getting what would be the full value of your claim against the at-fault driver’s insurance had you been insured at the time of the collision. In this article, we discuss Prop 213, and how it can affect the  injured victim of an automobile collision.

In 1996, California voters approved Proposition 213, also known as the Limitations on Recovery to Felons, Uninsured Motorists, and Drunk Drivers Initiative. This law prohibits recovery of anything beyond special damages for victims injured by the negligence of another driver if either (1) the victim was uninsured at the time of the accident; or (2) the victim was subsequently convicted of driving under the influence of alcohol or drugs at the time of the accident.

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During the course of 30+ years practicing personal injury law in Los Angeles, I have been asked by many clients whether it is a good idea to submit to an MRI as a part of their personal injury claim.

In this article, I discuss the pros and cons of having an MRI as part of your treatment plan in pursuing a claim for an injury, and whether it can increase the value of your claim.

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In this article, we explain the medical nature of what typically happens after an accident, and discuss why it is important to seek and follow up on your treatment after an injury.

When it comes to a bodily injury, whether it be from an automobile collision, slip-and-fall, dog bite, or any other type of accident, it is very important that you seek immediate medical treatment and follow up on all of your doctor appointments. There are two major reasons for this. First, it is important to your physical health that you get the appropriate medical treatment so your injury heals or at least improves. Second, it is important to your personal injury claim that you seek and maintain treatment in order to legitimize your case against the defendant and/or their insurance company.

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