Los Angeles Lawyer

Georgian Luger Nodar Kumaritashvili died on February 12, 2010. He should not have.

Lawsuits remind people to take the care necessary to make sure they do not injure others.

The designer of the luge course and the International Olympic Committee knew in advance how dangerous the course was and still sent relatively inexperienced luge riders down the track. They knew athletes were crashing more often, and at higher speeds than normally occur in the sport.

Such dangerous conditions occur because the speed and danger of the track make the event sell better. It makes the race more exciting. It also saves the money that should have been spend on having an engineer review the course to determine how high that safety wall should have been, and the expense of making the course safer, including a higher wall and padding and barricading the steal beams next to the track.

Huffington Post blogger Marian Salzman wrote: aWith 82 countries participating in the Games this year, shouldn’t the course have been designed to be safe for all of them? Where were the safety wardens?a

Personal injury lawyers are part of the safety wardens in Southern California. Any business knows that when they produce a defective product or a dangerous product, and sell it, personal injury lawyers will hold them accountable. Personal injury attorneys will make them pay for their negligence. So, manufacturers are more careful.

Even when you drive on the freeway, people watch how fast they are going. Why donat people speed more? Because they do not want to get a ticket. The reason people do not want to get tickets is because it will make their insurance rates go up. Tickets make insurance rates go up because speeding causes auto accidents. It places other people in unnecessary danger.

When drivers hurt people, car accident attorneys hold the negligent driver accountable. These lawsuits give people a reason to be more careful when they drive. Drivers are forced to think about the safety of others not only to protect other people (which is the right thing to do), but also to prevent their insurance rates from going up.

People in Los Angeles and throughout Southern California are hurt in auto accidents and through the negligent of others all the time.

Everyone hates lawyers. Juries tell us there are too many lawsuits. Governor Schwarzenegger is taking aim at lawyer with his supposed tort reform proposals.

The loss of Georgian Luger Nodar Kumaritashvili highlights why the work of Los Angeles personal injury lawyers is so important.

The Vancouver luge track, has been described as the fastest ever built prompting safety concerns before the death. Why wasnat it fixed? Nodar was competing in a sport with inherent risks, therefore the luge track owners may assert aassumption of the riska as a defense and escape liability for causing the death of Nodar. Imagine how this story might have ended if the track builder knew they would have to pay for the harm they caused.

The new track had a reputation for causing crashes in all but the most experienced sliders. Most alarming was the fact that race officials knew that lugers were traveling at record speeds and crashing. They knew that this was a dangerous corner, and even erected a slight extension to the wall at the fatal turn. However, they did not take the simple and inexpensive additional precautions of erecting a higher wall and most importantly, protecting riders from the exposed steel beams next to the track. Had their responsibility for their decisions not been shielded from lawsuits, things would have been different.

Part two of this series will discuss how this tragedy relates to Los Angeles Personal Injury Lawyers keeping people safe.

Macrosomia is a condition in which a fetusa birth weight is much greater than is normal during pregnancy. Generally, macrosomia is defined as a birth weight greater than 4000 grams or 8 pounds, 13 ounces. It is a condition that affects one in ten pregnancies.

Some factors that contribute to macrosomia – genetics, ethnicity, and the size of the parents – cannot be controlled. Other factors that may predispose a fetus to unusual growth in utero can be identified and should be addressed by the obstetrician. If the mother has gestational diabetes, excessive weight gain or diabetes mellitus, her fetus is at risk to develop macrosomia, which is associated with birth trauma to the baby and mother. Women whose pregnancies go on longer than they should are also at risk to develop macrosomic babies.

The larger the fetus, the greater likelihood that the baby and/or mother will suffer injuries during delivery. If there is ultrasound evidence that the baby is very large, the doctor needs to take this into consideration when discussing delivery options with the parents.

A woman with a history of having had several large babies without difficulty vaginally may be an appropriate candidate for a vaginal delivery. A petite woman pregnant with a first baby that appears on ultrasound to weigh nearly ten pounds, should be advised of the risks of vaginal delivery and advised to undergo a planned Cesarean section.

Cerebral palsy, or CP, is a term that is used to describe a group of chronic conditions that result from injury to the brain, usually occurring before, during or shortly after birth. It generally affects motor function – how the body moves. Children with cerebral palsy may have mild symptoms affecting coordination or may be completely unable to control motor function, making it impossible to sit or stand independently.

Cerebral palsy can occur when oxygen to the fetus is interrupted during labor or delivery. Monitoring of the baby during labor is done to detect changes in the baby’s heart rate which may signal a problem. If the amount of oxygen the baby is getting is reduced or cut off during labor, the baby’s heart rate will change and its ability to recover from the stress caused by contractions will diminish, signaling a potentially catastrophic injury if appropriate medical intervention is not taken in a timely fashion.

It is the job of the obstetrical nurse to monitor the fetus during labor and communicate any significant changes in the fetal heart rate and tone to the obstetrician in a timely fashion. It is the doctor’s duty to respond promptly if conservative measures (changing the mother’s position, administering oxygen to her, for example) do not improve the fetal heart rate.

If the nurse is unskilled or inattentive, she may not appreciate the fact that the baby is in distress, putting the baby at risk of injury. A doctor who does not respond to a nurse’s concern in a timely fashion also puts the baby at risk. Over time, the lack of oxygen can cause the brain damage that results in cerebral palsy.

Every year, hundreds of babies in Los Angeles County are born into the world seriously handicapped because of medical negligence. Birth injuries are among the most devastating injuries that can occur when a doctor or nurse is careless or inattentive. If a mother’s prenatal course is routine and there is no indication of any problems with the fetus she is carrying, the parents anxiously await their new arrival. They pick out names and dream about the future with their new little boy or girl.

When things go awry during the labor or delivery and the baby is born with brain damage or is otherwise injured, everything the parents hoped for and planned is shattered. The baby may have to remain in the hospital long after the mother is discharged, so there are frequent trips back to the hospital. Preparing the home for the baby’s discharge is no longer about the color of the nursery or the style of the crib. There may be equipment that must be obtained and medical techniques to be learned.

Caring for a special needs child is a full-time job for one of the parents. Sadly, the full impact of the injury to a birth-injured child often will not be evident until the child is several years old. A special needs infant is easy to carry; a four-year old who cannot sit or walk is much more difficult to transport. Even transferring such a child from his bed to a wheelchair can be challenging. It is often at this point that the parents realize what the future will hold for them and their child. It is also at this point when they are likely to ask why it happened. This is also the point at which the parents may consult a lawyer.

What are the most common causes of birth injury and how can they be prevented? We will look at these issues in the next installments of this series.

I recently told the story of a friend that called me because her sister was hit by a car while crossing the street. The sister did not want to file a claim. My friendas sister felt bad and did not want to impose on the person that hit her or the insurance company. Here is how I explained it:

The minute you were hurt because the driver caused the pedestrian accident, you are entitled to money for what you have been through. It is like you are at a table with the insurance company on the other side, and we suddenly put $50,000 of your money in the middle of the table. It is your money. You are entitled to that money because it is fair compensation for the injuries you suffered. (Obviously, the amount of money will vary depending upon the extent of the injuries).

Now that your money is in the middle of the table, the insurance company says: aI think we are going to take your money. We know it is your money, but we are rich and powerful and if we take it, there is not much you can do. If you want to deal with it, you can hire an attorney, but we will make you and your attorney work hard to get your money back. If you hire the right personal injury attorney, you will get it back, but we have a large team of trial lawyers and we do not mind the fight.a

Somehow insurance companies have convinced our juries that people who seek compensation when they are injured are bad. The insurance companies have done such a good job of this, that people that are injured feel like they are doing something immoral by asking for the compensation they deserve. They have no problem paying huge premiums. They are frustrated when the insurance CEOas take millions of dollars. But so often, people do not feel right about fighting to keep their own money.

If you are injured because someone else was negligent, please do not fall for the insurance companies line. People injured in Southern California automobile accidents are entitled to compensation, even if they have to hire an attorney to get it. It does not help you or anyone else to let the insurance company keep your money.

People buy insurance for several reasons. Some buy insurance because the law says they have to. Some people buy insurance to protect themselves. If they are negligent and hurt someone in an a car crash (it can happen to anyone), they want to make sure it does not cost them a lot of money which can take away from their retirement, or their kidas college education fund. Still other people buy insurance because they want to make sure that if they cause an auto accident and hurt someone, the person they injure is taken care of. They want to make sure that they have the means to take care of any injury they cause.

The minute you are hurt in a pedestrian accident, or in any car accident in Southern California, or from any negligence of another, under California law, you are entitled to fair compensation for your injuries. The reality of modern insurance companies, is that you will have to fight to get the compensation that is rightfully yours.

I was recently contacted by a friend asking for help. Her sister was crossing the street in Woodland Hills, in a crosswalk and was hit by a car which was coming from Encino. She suffered a significant injury, yet, she did not want to talk to a lawyer and did not want to seek compensation for her injuries. She felt bad for the person that hit her.

I explained to my friend that her sister has been brainwashed by the insurance companies, and she has no reason to feel sorry for them. The person that hit her had insurance. California law requires that you have insurance if you drive. The person that hit her was negligent. Generally, when there is a car accident, where a car hits a pedestrian in a crosswalk, the driver is at fault. Therefore, the pedestrian is entitled to be compensated for her injuries. She is entitled to receive medical attention for her injuries. If it was my family member that was hurt, I would want them to get medical care. The driver (or her insurance company), is legally obligated to pay for that care.

The pedestrian is also entitled to be compensated for her pain and suffering. That phrase has almost become a bad word in our system of justice. It should not be. She was injured. It is painful. It is inconvenient. It forces huge negative changes on a personas life. For example, I want to play with my son tomorrow morning. If I am injured in a collision such that either I cannot lift him in the air, or tickle him, or if I have to endure pain when I do it, that is not fair. If you came to me and said, aI will pay you $100 not to play with your son tomorrow, I would not take the money.a How much is fair compensation. At what point would I say, aOkay, I will take the money and not play for one day; or maybe two days, or maybe six months.a

It seems only fair that a person should be compensated when they are harmed because someone else is negligent.

The other part of this equation is that in California, you will not be compensated for the cost of hiring an attorney to help you. Unfortunately, insurance companies are less than willing to provide the fair compensation that they are supposed to provide. That means that people that are injured require legal assistance. If they only receive the cost of their medical care, they are not truly compensated. Pain and suffering compensation, or non-economic damages as it is called, defrays the cost of the legal assistance.

There are a lot of lawsuits filed every year in Los Angeles County. Many of those cases stem from auto accidents. Yet when we talk to jurors, they all complain that there are too many frivolous lawsuits. If you ask for more detail, most cannot explain why they feel this way, they have simply been told by the media and the insurance companies that there are too many lawsuits.

Certainly not every automobile accident need result in a lawsuit, nor must every injury result in a lawsuit. Sometimes, people are injured simply because they are careless. Sometimes, people are injured because somebody else is careless. In Southern California and throughout the United States, our laws are designed to protect us from the negligence of others. Thus serves two purposes: (1) it compensates the injured; and (2) it encourages people to be safe and protect others.

Unfortunately, at that point, it is too late to talk about what insurance they should have had.

One of the first steps in helping our clients is looking at their auto insurance coverage. California law requires that all drivers have basic liability coverage of at least $15,000. It is a misdemeanor to drive without insurance. In addition, you are required to notify the DMV if you are in an accident and let them know who your insurance company is. We handle this process for our clients. Without question, this is the easy part, everyone should/must have at least the minimum required insurance coverage of $15,000.

That is not the end of the question. Liability coverage, that is coverage which will be paid out to someone you may injure if you cause an accident and serves two important functions.

Protect Yourself and Your Family: First, insurance protects you and your family. If you cause a collision, if you do not have adequate coverage, the person you hit may be able to take the money you have been saving for retirement, your childas college education, a new home, or whatever is important to you.

Second: It protects the person you hit. That is a good thing. We should all take responsibility for our own actions. If we are careless and we hurt somebody, they should be compensated for what we have done. That is fair. That is also part of the purpose of insurance, to make sure someone we accidentally hurt is cared for, without destroying our own life. To hurt someone is to take something away from them. Not to compensate them for their injury; paying for the damage to their car, paying their medical bills, and paying for the imposition on their life (pain and suffering), is like stealing.

However, when you accidentally hurt someone, that does not mean your life should be destroyed either. That is part of the purpose of insurance. It enables us to properly compensate someone we hit, without taking away from our own life.

That brings us back to the question, aHow much insurance should I have.a The answer to that question is going to depend on your income and your savings. If you have limited assets and limited income, you can likely only afford basic coverage. You can drive legally and provide some protection to someone you injure. If you have a lot of assets, you should probably have an umbrella insurance policy. To qualify for an umbrella policy, you will have to have a certain amount of auto insurance. Those people will probably need to have $250,000 in liability coverage.

Recognizing that the elder population is particularly vulnerable to abuse and neglect, California aelder abusea law provides an effective means for holding nursing homes liable for the injuries they cause. When regulators donat have the resources to enforce laws designed to protect elders, elder abuse lawyers sometimes get involved. Unfortunately, that usually does not happen until a family member is injured or dies.

If you are in a position where you may have to place a loved one in a nursing home for care, there are some things you can do. First, do your homework. There are a number of resources on the internet about nursing homes in Los Angeles County. One is the aLong Term Care County Data Book,a which you will find at http://www.caads.org/ltcdata/ltc_data.html. Visit several nursing homes and interview the staff. Ask for references. Talking to the family members of other residents will let you know how satisfied, or not, they are with the care at the facility. Finally, contact DHHS to find out whether the nursing home is in compliance with State and federal laws and whether they are aware of any serious complaints about the facility.

If you have a family member living in a nursing home, there are a number of things you can do to help protect him or her. Be vigilant. Frequent visits at different times of the day and night will give you the best snapshot of the quality of care the nursing home delivers. Establish a relationship with the nurses and nursesa aides responsible for your loved oneas care. They are more likely to be conscientious if they have a connection to you and your family. Investigate any complaints made by the resident. If the complaints are frequent or unresolved after a reasonable time, submit the complaint to the Department of Health and Human Services (DHHS). You can find a form for this at http://www.dss.cahwnet.gov/cdssweb/entres/forms/English/SOC341.pdf

If that suggestion is not helpful, you may want to consider consultation with a qualified elder abuse attorney in your area.

Last July, a new law came into effect which prohibits talking on a cell phone while holding it. It is worth commenting on this new law because as I drive around the streets I still see people holding their cell phone and talking while driving. I suppose much like when the seatbelt law came into effect, it will take some time before people figure out that this law does have a purpose and it makes sense.

Oddly enough, this law does not prohibit reading and writing text messages while driving. Fortunately, that has been rectified and now it is unlawful to text message while driving.

These new laws have been a boon to the Bluetooth industry which has seen huge sales increases in the past year. There has also been a terrific improvement in the quality of these devices. There are many low-cost good-quality Bluetooth devices available which make it legal to use your cell phone while driving.

Although itas too late for drivers who have already suffered personal injuries in auto accidents, a side benefit to this law is that it has increased awareness in the dangers of driving while holding a cell phone. This alone has helped reduce the number of car crashes in California. Until drivers adopt this new law, there will be still be a high need for Los Angeles Auto Accident Attorneys.

When you lose your job, it is only natural to think that your employer has done something wrong. They have made a mistake and should not have fired you. The next step is considering whether you have legal recourse against your employer for wrongful termination.

The first thing you must understand is that California is an aat-willa state. That is, absent a written contract stating otherwise, you have your job at the will of your employer. Your employer may fire you at any time. They may or may not have a reason for firing you. They do not need to have a reason. If they have a reason, almost any reason is fine.

We often get calls from people who were fired where they feel it was not just. They were doing a better job than other people that were not fired and they think they were fired because one person who is messing up the company just did not like them. It was a bad business decision. The reality is, under California at-will law, a company is allowed to make bad business decisions and can fire you when doing so will hurt the company.

What your employer cannot do, is fire you if you have an employment contract that states they can only fire you for limited specific reasons. Your employer cannot fire you based on your age, race, sex, religion, national origin, or disability. Your employer cannot fire you because you reported some type of wrong-doing in which your employer was engaged.

The economy is impacting everyone. Now is a good time to have a job. Keep in mind that you may be an at-will employee which should have some impact on your behavior and performance in the workplace. If you have a conflict, and you are thinking you cannot be fired because you are such an asset to your company, you would be well served to know if you are an at-will employee.

The most obvious tip is to slow down. Unfortunately, while everyone knows this is the safest suggestions, in our busy lives, it is also the tip we are mostly likely to forget. Leave a little earlier (after all, there is going to be more traffic) and drive a little slower.

This is especially true in the first rain following a dry spell. When it is dry, there is a build up of oil and grease from cars on the road. When the rain hits this, it makes the road very slippery. The first few hours are exceptionally dangerous.

Another good suggestion is to brake earlier than you normally would and use less force. Not only does this give you more time and distance to stop between you and the car in front of you, it lets the person behind you know what you are doing earlier and allows them to make sure they can stop without hitting you.

Some other valuable suggestions to help you from being involved in an auto accident on a rainy day are stay towards the middle of the road, do not use cruise control, avoid driving through large puddles, tap your brakes gently after crossing a puddle to help dry your brakes, turn on your headlights, and never brake suddenly.

One final suggestion that is often overlooked is to make sure your windshield wipers are in good condition. Wiping the windows with a wiper that leaves them smeared and worse than when you started only makes driving more dangerous and accidents more likely.

Be safe out there.

However, we must know why you fell first. Many times people just fall. It may have been the person walking that was not careful. Kids fall all the time as they are learning to walk. As we get older, it happens less frequently, unless you are not watching where you are going, or someone has made it dangerous. So the first question is: aWhy did you fall?a Were you careless, or did someone else create or maintain a dangerous condition?

If you were careless, then you do not have a claim or anyone else to blame. That makes sense and that seems fair.

If you were acting reasonably, but someone made it dangerous, then there may be a case. The first question is whether the condition was unreasonably dangerous. What is the likelihood that someone would be injured by that condition, and how difficult is it to eliminate that harm.

Also, we must show that the property owner either knew or should have known about the dangerous condition or created the dangerous condition.

Finally, where a condition is obviously dangerous and visible, you have a responsibility to avoid the dander and an owner can defend itself by claiming that even if it was dangerous, you should have seen it.

When you are not sure if you have a claim or not, often, the best solution is to talk to a personal injury attorney. Every accident attorney should offer a free consultation.