Articles Posted in Personal Injury

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shoulderA recent California Court of Appeals decision illustrates the importance of not threatening to sue someone, especially in writing, unless you understand the potentially far-reaching consequences of your actions.

In a decision filed just last week, the plaintiff gave birth via Cesarean section at the defendant hospital in October 2013. On the day after the procedure, the plaintiff fell while walking along a hospital hallway, resulting in a fractured right shoulder.

In February 2014, the plaintiff sent a detailed letter to the defendant, describing her injury and allegedly outlining the basis for her “medical negligence” claim. The plaintiff apparently additionally requested damages in the amount of $240,000 and purportedly stated that she would “move to the court” if she did not receive a check within 20 days. The defendant subsequently denied the plaintiff’s claim after its insurer reviewed the plaintiff’s records. In October 2014, the plaintiff’s retained counsel sent a letter to the defendants, stating they were providing notice pursuant to California Code of Civil Procedure § 364. The formal lawsuit followed in January 2015.

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Cases involving injuries due to asbestos inhalation have been in the news a lot lately, as individuals exposed to the material over a long period of time have begun to show symptoms. In one such case, the plaintiff alleged that his father was exposed to asbestos from the defendants’ products during the time when he repaired brakes and clutches for his employer. The plaintiff also alleged that he was secondarily exposed to asbestos when he visited the father at work, doing things such as sweeping piles of dust from the repairs, and also when the father would return home with dust on his clothing, which was washed with the family clothing.

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The plaintiff was secondarily (para-occupationally) exposed to the same asbestos when he visited the father at work and when the father inadvertently carried asbestos to the family home or vehicle after work. As a result of this asbestos exposure, the plaintiff suffered from or had an increased risk of contracting serious injuries, including mesothelioma. He brought causes of action for negligence, breach of implied warranty, strict products liability based on design and manufacturing defects, fraud and failure to warn, and conspiracy to defraud and failure to warn. The defendants filed separate motions for summary judgment, each arguing that the plaintiff did not have and could not obtain evidence to prove his claims.

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XrayIn a decision filed just last month, a California Appeals court entered their decision regarding a personal injury case.

The case arose out of a car accident whereby the plaintiff was purportedly rear-ended by the defendant. According to testimony, the accident occurred when the defendant’s foot accidentally slipped off the brake temporarily, while he attempted to reach an item that had fallen to the floor. After pulling over to assess the damage to their vehicles, both drivers ascertained negligible damage to their vehicles, no emergency services or tow vehicles were called, and the plaintiff did not exhibit any signs of injury. After exchanging insurance information, the two individuals drove off in their own vehicles.

The plaintiff filed a personal injury lawsuit against the defendant. The defendant answered, admitting liability for the collision and property damage, which had been paid, but denying that the accident had caused the plaintiff to suffer any damages. The issues of damages and causation went to a jury, and the ultimate verdict was in favor of the defendant. The plaintiff appealed, claiming that the testimony of the defendant’s designated medical expert was improper.

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A California Appeals Court ruled earlier this year in a case that touched upon the various legal claims that can be involved in personal injury cases.

The plaintiff was a member of the fitness chain 24 Hour Fitness. On one occasion while exercising, he used a “hack squat” machine. The health club had two of the machines, one that had a safety catch and one that did not. On the day of the incident, the plaintiff was using the machine, and his legs became tired, so he was unable to return the weight to the required height. Since the machine he was using did not have a catch, the weights descended too low for comfort, causing the plaintiff to suffer an injury.

The plaintiff filed suit against the maker of the machine, the health club, and other affiliated entities, alleging products liability claims based upon negligence, strict liability, and breach of warranty in addition to claims for premises liability and negligence.

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Carlsbad CA personal injury lawyer

We know that in the aftermath of a serious personal injury, the prospect of finding an injury lawyer isn’t easy. There are many attorneys in the Carlsbad area, and if you don’t have any experience in the legal system, it can be tough to choose from among them. How will you make this difficult but important decision?

Fortunately, while choosing an injury lawyer is important, you can do so by keeping a few simple factors in the front of your mind at all times. The Rubinstein Law Group recommends you consider the following factors when choosing an injury lawyer:

  • Experience is the most important consideration. Always choose an injury lawyer with ample experience in the field – there is simply no substitute for this.
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This Vista accident may require a personal injury attorneyThe moments following a car wreck can be frightening and confusing. Through years of working closely with accident victims from Oceanside, San Marcos and Vista, personal injury attorney Zev Rubinstein knows that recalling all the details of a traumatic experience can be challenging.

Taking thorough, detailed notes while still at the scene of your car or truck accident can help you and your case.

Before doing anything else after a wreck, you should first make sure everyone is okay and seek medical attention if necessary. Next, document the details. Use your phone’s camera to start capturing images of the accident. Get pictures of all the involved vehicles from multiple angles.

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personal injury lawyer EscondidoWhile accidents happen every day, it doesn’t lessen or mitigate the pain, suffering, or loss you may be experiencing. If you’ve been in an accident, personal injury damages are awarded to cover the costs of your injuries and, if the court decides, to punish a particularly careless defendant.

Our personal injury lawyer in Escondido, Zev Rubinstein, has dealt with thousands of injury cases throughout his career, and can help you build your best case.

Compensatory damages are those that seek to compensate you for what was lost or what it would take to make you “whole” again, insofar as a monetary award can do so. Some of these are easy to put a dollar amount on, but others are harder to quantify. Common compensatory damages include:

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An Escondido personal injury lawyer answers another questionThe process of finding a personal injury lawyer when you’ve been injured in Escondido can be daunting. If you’re not at fault for your auto accident, you may be eligible for compensation, and need a lawyer who will take on your case. You need to know what questions to ask to make sure you’re making the right choice.

Before you step into your potential lawyer’s office, do your research into their firm and look for reviews from other clients. Take a moment to write down the questions you need to ask to ensure you are prepared for the meeting. Don’t forget to bring all documents pertaining to your car, motorcycle or truck accident case.

Here are some examples of questions you could ask:

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A Carlsbad injury lawyer can help you with your caseSustaining injuries in an accident can be devastating. Depending on the circumstances, you may or may not have grounds for a personal injury lawsuit. If you want to find out if you have a good injury case in Carlsbad, you need to consult with injury lawyer Zev Rubinstein.

In order to fight for monetary compensation after sustaining an injury in a Carlsbad accident, you need to prove the following factors:

  • The person responsible for your injury was careless or negligent.
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Personal injury lawyer Escondido | Carlsbad, Oceanside, CAChoosing the best Escondido personal injury lawyer for your case can be a daunting task. A lot rides on picking an attorney who has the experience and dedication you need to get the justice you deserve.

Here are a few key elements to look for when choosing your own injury attorney:

Expertise: When comparing personal injury lawyers, be sure you are comparing apples to apples. Only consider attorneys who specifically focus on personal injury law. Since 1988, Zev Rubinstein has dedicated his practice to fighting for the rights of those injured by another’s negligence.