Personal Injury Lawyer

Head Injuries From Car Accidents Head trauma and brain injuries unfortunately happen often as a result of auto accidents  on busy roads and highways. Often a result of a reckless driver, these devastating injuries can cause permanent damage that affects victims’ quality of life, their ability to earn a living, and even their ability to function in normal daily activities. Head trauma and brain injuries can be mild, serious, or even fatal depending on the severity of the accident. And, these can include concussions, internal bleeding, swelling, and other serious complications. The long term effects often involve cognitive, physical, and psychological impairment. Car Accident Concussions If you’ve had a concussion, rest is the most appropriate way to allow your brain to recover from a concussion. Your doctor will recommend that you physically and mentally rest to recover from a concussion. This means avoiding general physical exertion, including sports or any vigorous activities, unti

Hospital Negligence Lawsuit With the recent super bug infections at some of the nation’s leading hospitals, the issue of hospital negligence is garnering more attention than ever.  Medical mistakes and adverse events during hospital stays, such as hospital-contracted infections, contribute to the death of more than 180,000 hospital patients in the United States just last year. Hospital negligence can take a wide variety of forms including: Bedsores Birth injuries Hospital-contracted infections, including drug-resistant super bugs such as MRSA and carbapenem-resistant enterobacteriaceae (CRE) Medication errors Misdiagnosis or failure to diagnose Surgical errors How Common Are Cases of Hospital Negligence? In a study published by the Institute of Healthcare Improvement, research showed that medical errors were found in one in three hospital admissions. While every hospital thrives to provide quality care for their patients, there are often circumstances that co

A class action lawsuit has been filed against Honda Motor Co. and Takata Corp., a Japanese auto parts supplier, due to faulty airbags installed in millions of cars in the United States. The claim was filed in a Los Angeles federal court and accused Takata of deceitfully cutting corners to manufacture cheaper air bags, and that Honda knowingly purchased the faulty air bags to cut expenses. This action by both companies directly contradicts the intended purpose of airbags, which is to save people from harm in survivable accidents, not hurt or kill them. The suit affects millions of automobiles sold in the United States between 2000-2008, made by Honda, Toyota, Mazda, Nissan, Mitsubishi, Subaru, Chrysler, Ford and BMW, with Hondas being the most likely to contain the faulty airbags.  Automakers have already issued recalls for suspected car models, and the National Highway Traffic Safety Administration has issued two alerts, using strong language, urging owners of 7.8 million affected vehi

Filing a Wrongful Death Claim A wrongful death claim is a civil court action in which the amount of damages awarded to the surviving members of a family for the wrongful or negligent death of a loved one is determined. If your loved one has died due to someone else’s reckless, negligent, and deliberate behavior, you are entitled to compensation from their wrongful death if their death impacts you and your family’s well being, both emotionally and financially. For a successful wrongful death suit, proof must be established that a loved one’s death was caused by another person’s action or inaction, and that surviving family members are suffering damages because of it. Every state has statutes for wrongful death, which may differ from state to state, but all of them require that a personal representative for the deceased’s estate be the one to file.  A lawsuit can be filed for the following situations: medical malpractice resulting in death, car or plane accident, hazardous

How to Sue an Insurance Company after Car Accident? When you’ve been injured in a car accident that wasn’t your fault, you can bring a claim against the at-fault driver’s insurance policy.  However, it’s highly unlikely that the insurance provider will make you a fair settlement offer on your accident claim. In most cases, the offer will be well below what you are truly entitled to for personal injuries, property damage, lost wages, pain and suffering, and more. If the first offer isn’t one you are willing to take, the next step is to file a lawsuit against the car insurance policy holder.  Almost always, insurance companies will encourage you to settle the claim for the amount they’re offering.  They will also discourage you from seeking legal assistance. This is because they know that if you settle the claim quickly with them, there is very little chance you’ll be able to come back for more at a later date.  The best solution for dealing with insurance companies after a car acciden

Federal prosecutors announced lawsuits against three dietary supplement companies that were accused of containing other ingredients than ones listed, and making health or disease treatment claims that were unsupported by scientific evidence. VivaCeuticals Inc. , under the brand name Regeneca Worldwide, was accused of manufacturing dietary supplements that did not comply with U.S. Food and Drug Administration manufacturing practice regulations.  The lawsuit specifically names one of VivaCeutical’s products, RegeneSlim Appetite Control, as containing 1, 3 dimethylamylamine or DMAA , an unsafe food additive, but neglecting to put it on the label.  This past August, the FDA sent a warning letter to Regeneca Worldwide about their use of the controversial ingredient, which is commonly found in weight loss supplements. In their letter, the FDA stated, “To the best of the FDA’s knowledge, there is no history of use or other evidence of safety establishing that [DMAA] will reasonably be expect

Consumer Protection against Uber Los Angeles District Attorney Jackie Lacey filed a lawsuit against ride sharing company, Uber, due to misleading marketing tactics. The company, which does not require it’s drivers to have a taxi license, offers cheaper and quicker rides that consumers can order from an app on their phone. It has apparently been making false and misleading statements regarding consumer safety, and engaging in practices which violate California business law.  While the company claims that it uses an, “industry leading background check process,” it doesn’t fingerprint its employees, which is required by law to perform an accurate background check. “The company repeats this misleading statement, giving consumers a false sense of security when deciding whether to get into a stranger’s car,” says District Attorney Lacey.  She stated that although the company does perform some sort of a background check, it is rendered “completely worthless,” because it does not take fingerpr

Los Angeles City Attorney, Mike Feuer has filed a product liability lawsuit against the Los Angeles Department of Water and Power for mismanaging customer billing, costing the city millions of dollars in damages, and overcharging customers. The billing flaw was discovered when a local mathematician, Nathan Wells, began closely tracking his power use, and discovered the Department of Water and Power had sent him a bill that was three times higher than what it was supposed to be. After contacting the DWP multiple times, they refused to correct his bill or reveal the formula in which they determined it.  Numerous customers are starting to come forward, claiming that the LADWP is not accurately measuring how much water and power they use, but instead estimating how much they use. “There is no formula. I think they make it up as they go along,” Wells said. Tim Blood, another product liability attorney involved in the case, says the DWP billing estimate is performed by computer software im

Opioid addiction has become a national epidemic, and deaths resulting from opioid overdoses have surged throughout the country in recent years.  While there are many factors that have contributed to the opioid crisis, prescription medications are leading the way in fueling the crisis. Unfortunately, these medications often come from medical professionals who negligently and unethically prescribe narcotics to patients. While there is nothing unethical or negligent about prescribing opioid medications to help patients manage pain, doctors and medical professionals do have a legal duty to ensure that their treatment of a patient and their prescription practices are performed in accordance to the acceptable standard of care.  This means careful evaluations of a patient’s health and how prescribed narcotics may harm or benefit them. In some cases, the failure to weigh the benefits of pain treatment with the risk of addiction can rise to the level of medical malpractice. San Diego Personal I

How Much Are Medical Device Companies Paying Your Doctor? When a doctor prescribes a new drug or medical device, most patients presume that the recommendation is based on their best interests. However, the data collected by the Centers for Medicare and Medicaid Services (CMS) about the financial ties between physicians and the medical industry suggests that this is not always the case. Thanks to technology, consumers can search the Open Payments database to find information about whether and how much their doctors are getting paid by medical device companies. For many patients, what they find can be alarming. In 2016, drug and medical device companies made a total of $8.18 billion in payments to physicians and teaching hospitals. Also concerning, payments from pharmaceutical companies and device makers increased by $90 million from 2015 to 2016. What Is the Open Payments Database? Open Payments is a federal program that collects information about the payments drug and device companies