Articles Posted in Personal Injury

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In addition to being known for its automobiles, San Diego personal injury lawyers know that San Diego is well known as a tourist attraction. In addition to several museums and theme parks that attract possibly millions each year, we also boast of the Temecula Wine Country area. Although technically located in Riverside, the Wine Country is often associated with San Diego in various news reports.

The California Court of Appeals for the San Diego area recently ruled in a rather interesting case from Temecula, involving a rather unfortunate crash landing of a hot air balloon carrying several passengers. The plaintiff in the case was on the balloon ride as a gift from her son for her 78th birthday.hot air balloon

The plaintiff was a non-English speaking German citizen. Thus, after arriving to the location where the passengers were gathering, her son was attempting to translate information that was being told to the passengers prior to take off. However, since the son was not also going to be riding the balloon, the son was told to stand in a different area. Although the plaintiff and her son were later reunited and drove together to the area where the balloon was launched, it was unclear whether there was some important safety information that may have not been translated for the plaintiff as a result.

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construction materialsConstruction sites are some of the most dangerous work environments. Even when all precautions are taken to ensure the safety of construction workers, there is always a chance that you can fall from a scaffold, get hit by a large object falling from above, or become injured by malfunctioning equipment.

It doesn’t take a San Diego construction accident lawyer to point out the massive amounts of construction and development taking place all throughout San Diego and the surrounding counties. Indeed, the entire state is undergoing massive amounts of new construction. Although the liability of property owners and construction companies may be more obvious with regard to injured civilians, sometimes it’s the subcontractors themselves who are the injured parties. In these cases, the injured individuals are probably not covered by workers’ compensation because they are not employees. Thus, if you are an independent contractor or subcontractor, and you become injured due to someone else’s negligence, you are going to want to contact a lawyer about holding any potentially negligent parties accountable.

In one such California construction accident case, one of the subcontractors got injured when he was attempting to climb down a ladder from the second floor. The worker had to climb through a temporary perimeter safety railing before he could reach the ladder. The perimeter had both horizontal and vertical rails. The man’s coworker went down the ladder before he did without incident. When the worker went to descend the ladder, he placed his hand on one of the horizontal rails. The rail then suddenly and unexpectedly detached, causing him to lose his balance and fall. The worker subsequently brought a lawsuit alleging negligence. The court granted summary judgment for two (Portala and Quality) of the four subcontractors, which was the subject of the recent appeal.

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car crashAs a San Diego car accident lawyer, it is not uncommon to come across cases that contain what are sometimes known as “hybrid” legal claims. In the case, the plaintiff was injured in a car accident, which is a straightforward personal injury case as far as the types of claims he likely pursued.

However, the person reportedly responsible for causing the accident was driving in the course of his employment, implicating his employer as the responsible party, subject to the legal principle of respondeat superior (L:atin for “let the master answer,” i.e., be held liable for the actions of its agents). Additionally, the plaintiff who was injured in the car accident had already suffered an injury during the course of his employment, for which he was receiving workers’ compensation benefits.

Therefore, the plaintiff sued the driver who was allegedly responsible for the accident and his employer. After the plaintiff reached a settlement with the defendants, the plaintiff’s workers’ compensation administrator intervened in the case, attempting to recover for its alleged financial damages that occurred as a result of the accident. However, following the settlement, the county defendant moved for summary judgment against the workers’ compensation administrator, hereinafter known as GB (an abbreviation of the company’s name), arguing that it did not establish that it was entitled to reimbursement for payment as a result of the accident. The trial court granted the motion, and GB appealed, arguing there were triable issues of fact with regard to whether the car accident caused any part of the plaintiff’s permanent disability.

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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.

asbestos

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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dumbbell

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: