Cohn & Swartzon

Catastrophic Injury and Assumption of the Risk. Why Mountain Biking in Orange County May be More Dangerous that You Appreciate

2010-04-23T20:48:03Z

Orange County, California is known for being a very active and lively section of the Golden State. Many people will enjoy surfing on its coast, hiking on its mountains, or bike racing on its many trails. Unfortunately, with any risky activities there comes the chance for injury. In some instances, negligence can contribute to an injury and, in extreme scenarios it may be possible that the negligence can contribute to a severe injury.

Unfortunately, a catastrophic injury could lead to the inability to remain employed which could put an extreme burden on those that have been harmed as a result of the negligence. Also, such serious injuries could cause a heavy financial burden when dealing with the large medical expenses. For example, a traumatic brain injury could require 24 hour care for the afflicted. The costs of such care can be enormous. Clearly, if someone else caused the injury, that person should pay for such resultant costs associated with their negligence.

Some may be under the assumption that litigating a catastrophic injury case is cut and dry. This is not always the case because all active sporting ventures come with a certain assumption of risk. That means the person taking part in the activity needs to be aware that a risk of injury is always present. However, the assumption must be based on a reasonable amount of risk. Injuries based on negligence may fall outside this initial assumption of risk. The crux of the case will be proving that the negligence was the mitigating factor that caused the injury.

Selecting an attorney that has successfully litigated such cases to overcome an 'assumption of risk' defense is important. By working with an attorney that has solid experience with these cases, you can receive the compensation you deserve. Contact Cohn & Swartzon, P.C. at 888-444-1955 to discuss your case and help you with injuries and medical bills.

Why Making a Wrongful Death Claim May be One of Life's Most Important Decisions

2010-04-21T17:01:36Z

The passing of a friend or loved one is devastating. There is much pain and loss associated with an untimely demise. Such anxiety and pain can be further compounded when the death is the result of negligence of someone else. These unfortunate circumstances are generally called wrongful death claims. Those living in Orange County that have experienced such a scenario should definitely look towards making a claim or filing civil litigation as a means of seeking redress for the wrongful death.

Some may be a bit unnerved at the notion of filing a wrongful death suit or making a claim for the death of a loved one. The reason the concept makes them uncomfortable is the fact that they may have difficulty putting a price on the death of a loved one. Obviously, no amount of money will compensate for the untimely loss of a loved one. So why bother making a claim? Wrongful death claims or lawsuits can help many people in many ways. Such a claim or suit is not based on seeking to place a dollar figure on anyone's life. Rather, there are a variety of reasons behind filing a wrongful death suit and they include:

To punish and deter conduct: In some instances, when someone's action (or inaction) causes the death of another, and such action rises above mere negligence, a claimant would seek punitive punishment for the party responsible for the loved one's death. Filing a wrongful death lawsuit would act as a potential deterrent to others that may be behaving in a manner similar to the responsible party. This could potentially prevent the unfortunate death of others and leave a lasting legacy for your loved one.

Costs: The costs of all medical fees that precipitated the wrongful death could be recouped. In some instances, these costs could be quite enormous. The costs associated with the burial can also be recovered.

Lost Income: The death of a loved one could lead to significant loss of income to a family. A wrongful death suit or claim could provide the compensation the family would require in order to maintain its financial stability.

There are many different factors that need to be considered when determining whether to bring a wrongful death claim. These factors need to be balanced with the requisite delicacy with which these claims must be handled. After the loss of a loved one, it is best to contact an attorney to determine if filing a wrongful death claim is the right thing to do. The lawyers at Cohn & Swartzon, P.C. understand how difficult it is to make this decision but can assist you in deciding what to do after such a tragic loss.

The Basics of California Personal Injury Law

2010-04-19T20:50:16Z

Surely, you have heard the term personal injury or personal injury lawyer. Quite often when I speak to individuals in and around Orange County, I am asked what exactly is meant by “personal injury”. Most people do not understand what a personal injury claim covers. In order to explain the term, it is best to clearly examine and define the process in order to understand what a personal injury claim entails. Considering the sheer volume of people that live in Southern California, and Orange County in particular, it is best to be aware of the different modes in which a personal injury claim can manifest itself.

To answer questions regarding this type of litigation, here are some of the common areas in which personal injury can fall under:

Slip and Fall Accidents - Owners and management of property have a responsibility to make sure obstructions and hazards that can lead to falls are removed or repaired. Those that do not can be held civilly liable.

Premise Liability - Residential and commercial properties need to be sure both the interior and exterior of the property is safe and free of potential problems. Those that fail in this regard may find themselves the recipient of a lawsuit if someone is injured.

Vehicle Accidents - Most people believe that vehicle accidents mainly involve automobiles. While most vehicle accidents do involve automobiles, trucks and motorcycles are also involved in accidents quite often. In fact, because of the type of vehicles involved, the injuries may be more severe than in a car. Additionally, planes, boats, and trains can fall under the umbrella of vehicle personal injury lawsuits.

Dog Bites - Some dogs are dangerous and those owners that do not effectively prevent their dogs from attacking or biting others may be help responsible for civil liability.

Medical Malpractice - A physician must perform his/her duties properly and not fall below the requisite standard of care. If not, the door may open for medical malpractice personal injury suits for damages and injuries sustained from a doctor or hospital’s malpractice.

Defective Products - When a person makes a consumer purchase, they should not have to worry about any harm befalling them. Unfortunately, defective products do place consumers at risk which is why many personal injury suits are built around such products. These lawsuits are important as they are often the impetus for bringing about safer and more reliable products.

Of course, there are other forms of personal injury. All facets of this type of law are connected to one common thread: harm and negligence. Those responsible for both can be held civilly liable.

Tort Reform Only Helping Insurance Companies Boost Their Profits

2010-03-03T21:29:23Z

State tort reforms have led to record profits for insurance companies while physician and patient premiums continue to go through the roof, according to a new report released by the American Association for Justice (AAJ).

AAJ researchers analyzed data from the National Association of Insurance Commissioners (NAIC), as well as insurance company annual statements, and determined that malpractice insurer profits are 24 percent higher in states with caps on medical malpractice awards. The data also show that states with caps took in 3.5 times more in premiums than they paid out in 2008 as compared to just over two times in states without caps.

The report shows that profitability for the medical malpractice insurance industry has increased 47 percent in the last 10 years. This came on the heels of an aggressive push by the insurance industry to enact tort reform because of "reported" losses.

With malpractice caps in over 30 states, insurance companies are realizing exceptionally high profits. For instance, the average profit of the 10 largest medical malpractice insurers was higher than 99 percent of Fortune 500 companies and 35 times higher than the Fortune 500 average.

The report's authors also believe that insurance industry leaders are already preparing to claim another "tort crisis" and lobby for even greater restrictions on patient's rights by 2012.

DROWSY DRIVING CAN BE DEADLY

2010-03-02T23:41:25Z

According to a study by the AAA Foundation for Traffic Safety, driving while sleepy nearly triples your odds of getting into a car crash. The study also determined that drowsy drivers
are actually as great a risk as speeders and even more dangerous than aggressive or inattentive drivers.

Based on data collected by the National Highway Traffic Safety Administration, using video recorders and sensors, researchers determined that drowsiness was a contributing factor in one out of every five crashers or near crashes over the course of about a year.

There are around 100,000 police-reported crashes each year according to government estimates, though the number of crashes that could be attributed to sleepiness may be
well below the actual number because of the difficulty in determining whether sleepiness was a contributing factor.

The most common times for sleep-deprived crashes occur between midnight and 6 a.m. and in mid-afternoon, when the body's natural rhythms tend to make people feel sleepier. Interestingly enough, experts say that rolling down a window and blasting music do not help much if you are really sleepy, and caffeine - which can help - takes a half hour to take effect.

As you might expect, getting enough sleep or taking a nap is the best way to decrease your odds of being in a sleep-deprived crash.

If you have been involved in an orange county accident as a result of a drowsy driver, call the attorneys of Cohn & Swartzon, P.C at 714-547-5100 to help.

Questions Surface Regarding Insurance Company Total Loss Valuations Of Vehicles after Accident

2009-11-06T20:02:58Z

Individuals who are involved in serious automobile accidents are often shocked when they receive a valuation of the value of their total loss vehicle. Not only do these victims have to deal with personal injuries or catastrophic injuries but they have to deal with insurance companies low-balling them on their car value. The reason for these "low-ball" offers is that the insurance companies rely on an inherently biased and flawed system to evaluate the comparative values of other similar vehicles to arrive at a vehicles actual cash value ("ACV"). Insurance companies send out field inventory representatives ("FIRs") to various dealerships to determine the dealer's "take" price. That is, the absolute lowest amount a dealer will take to sell the car. The insurance companies then use this number to inaccurately determine the "take" price of other cars, not taking into account the local supply and demand of the vehicle, the amount of work done on the vehicle or its true condition. There are several lawsuits filed against insurance companies based on this valuation method. Nevertheless, when you have been in an accident there are ways to fight the insurance company on their valuation of your total loss vehicle. Contact the attorneys at Cohn & Swartzon to help you obtain the maximum ACV of your vehicle.

$330 Million Dollar Verdict for the Death of a 13-year old by Drunk Driver

2009-10-14T20:28:31Z

No amount of money can bring back a loved one. However, sometimes a tragic death can send a message and wake up call to potential drunk drivers that the public will not tolerate their reckless and malicious behavior any longer. A jury in Florida recently awarded the mother of a 13-year old girl $330 million in compensatory and punitive damages for her death at the hands of a drunk driver. These types of awards signal to drunk drivers that they will pay dearly for their misdeeds. The van in which the young teen was riding as a passenger was struck after the drunk driver failed to stop at a stop sign. The 13-year old was killed and others suffered catastrophic injuries. The family of the teen filed a wrongful death civil suit against the drunk driver who was serving a 13 year prison sentence for manslaughter. Cohn & Swartzon applaud the brave mother of this 13-year old-a victim of a drunk drivers maliciousness. If you have been involved in an accident with a drunk driver, you have rights both in the criminal and civil courts. You should contact experienced lawyers, like those at Cohn & Swartzon, P.C. 888-444-1955 to help you receive the compensation and justice you deserve.

Health Plan Reimbursement May Net You Zero On Your Lawsuit

2009-10-05T23:17:12Z

Did you know that most company health plans contain a provision that enables the company to recoup medical expenses paid to cover an treatment received as a result of any personal injury accidents if that person collects damages in an injury lawsuit.

In one particularly sad case, Wal-Mart's health plan sued and won when it sued to recoup $470,000 it had paid for the medical treatment of a former employee. The employee was involved in a collision with a tractor-trailer that left her severely brain-damaged. She received a $700,000 settlement from the trucking company involved in the accident, and after legal and other fees and expenses, $417,000 was placed in a trust for her ongoing care.

Instead, all of the money went back to Wal-Mart's health plan, leaving the victim and her family to rely on Medicaid and her Social Security payments to help keep up her around-the-clock care for her injuries. Don't expect the practice to change anytime soon. Recent U.S. Supreme Court decisions have given health care plans and companies even greater leverage and a clearer legal map to suing employees to recover expenses for medical treatment. You need to make sure that you have an attorney that understands these issues and works to resolve them before you settle your lawsuit. The attorneys at Cohn & Swartzon, P.C. have the experience and know how to deal with insurance companies and health care plans to obtain the recovery you deserve.

Contingency Fees: Helpful and Valuable

2009-09-01T16:59:33Z

Contingency fees offer personal injury clients a valuable advantage. They enable anyone who suffers an injury to bring a lawsuit without having the money up-front to pay an attorney. With contingency fees, attorneys agree to accept a portion of the recovery and agree that if the client does not win or does not get a recovery, there will be no fees or costs.

Why does the contingent-fee system serve clients and work so well? Contingency fees . . .

give everyone--regardless of race, creed, color, religion, national origin, gender, marital status, age or other factors--an equal chance to have their day in court to address their injuries, no matter what their financial resources may be. Individuals with limited assets can sue the richest, most powerful corporations, which often have unlimited money for legal defense fees.
promote efficiency and discourage frivolous lawsuits by motivating lawyers to make sure that the cases they accept have legitimacy and merit.
are fair since there is no cost to the client unless he or she wins.
discourage wrong does, like drunk drivers or uninsured motorists, from continuing inappropriate behavior.
allow attorneys to front the costs for experts in all fields appropriate to help prove negligence or malicious conduct by the other side--from slip and falls, elder abuse, car accidents, trucking accidents or disability violations, regardless of whether the injuries were minor or catastrophic.

Cohn & Swartzon, P.C. take cases on a contingency basis to make sure that everyone injured is represented and gets their day in Court. If there is no recovery, there is no fee. With over $45 million in recovery for our clients, we know how to win. Call Cohn & Swartzon at 888-444-1955 for a free consultation.

What Caused this Accident?

2009-08-31T21:41:06Z

Automobile accidents in which drivers or passengers are seriously injured or killed are always terrible. When there is doubt as to the cause of the accident, which may be hidden by vehicle damage an experience personal injury lawyer can research and investigate the real cause of the harm. Here are two actual accident cases:

Safety-check Failure
Three disabled and elderly residents returning to their group home from a picnic outing were killed when ejected from their van, which overturned in a crash. A jury awarded compensatory and punitive damages to the decedents' survivors when the investigation revealed liability on the part of the group home. Research uncovered that the group home was negligent in hiring the driver, who had extensive criminal and traffic-violation records. He also failed to conduct a safety check on the van, which had a flat tire, prior to departure because he was under the influence of alcohol and illegal drugs.

Negligent Hiring
After a driver who was struck from behind by an 18-wheel truck suffered brain damage, examination revealed that the truck driver's employer and a professional driving organization had failed to conduct criminal-background checks, which would have revealed the semi-driver's two previous accidents and felon status. The injured driver and his wife received a negligence settlement from the trucking company following the first day of trial.

If you have been involved in any type of accident, call the experienced lawyers at Cohn & Swartzon, P.C. at 888-444-1955 to help you obtain just compensation for your injuries.

Motorist Injured in Early Morning Vehicle Collision in Irvine

2009-08-21T17:59:40Z

A collision occurred early on the morning of August 21, 2009 at the intersection of Myford Road and Bryan Avenue in Tustin. According to a report by the Orange County Register, a Nissan SUV driven by Jong Chun was turning south onto Bryan Avenue from eastbound Myford Road when he was struck by a Toyota sedan. Mr. Chun's wife, Hae Chun, complained of pain in her chest following the incident. The driver of the Toyota sedan, an unknown woman, was taken to the hospital in an ambulance after being extricated from her vehicle. The unknown woman's condition has not yet been released. Whenever you have been involved in an accident, your best bet is to contact the attorney's at Cohn & Swartzon, P.C. at 888-444-1955 to help you through the process and obtain the recovery you deserve.

Simple Accident Checklist

2009-08-18T19:27:40Z

Unfortunately, accidents (automobile, motorcycle and trucking) are an all to common occurrence--especially when driving in California. More often than not, most most people are often confused and unsure about what to do in the immediate aftermath of an accident. One thing most people who have been involved in an accident will tell you is that the adrenaline pumps through your body and may cloud you from thinking clearly. To help is short auto-accident checklist. After an accident you should:

Stay calm.
Check for injuries (but do not move a seriously injured person unless they are in further danger because of traffic or other circumstances).
Call the police.
Promptly seek medical attention.
Obtain the key information (license plate, insurance, address, phone number, type of car, etc.) from each of the drivers involved as well as witnesses.
DO NOT give a recorded statement or sign any paperwork with the other side's insurance company.
Do not admit fault.
Document all that you can and take photographs, if possible (even with your cell phone camera).
Let the insurance company know about the accident even if it was not your fault.
Call an attorney.

If you are involved in an accident, let the team of attorneys at Cohn & Swartzon, P.C. at 888-444-1955 help you with deal with your injuries and your claims.

After an accident, you must make a claim with your insurance company, even if you were not at fault!

2009-08-07T17:36:00Z

After an accident, whether of not anyone is injured, everyone knows to call their insurance company to begin the claims process if they were at fault. But even if you were not at fault for the accident, you should still call your insurance company to report the claim. The reason is two-fold. First, insurance companies typically impose various conditions on coverage including that the insured give timely notice, give a statement under oath and provide proof of loss. If there is any delay in giving notice, insurance companies can attempt to deny coverage under the insurance policy arguing that it has been substantially prejudiced by the delay. Why is this important if you were not the responsible party? Because you may need to look to your insurance for coverage of the accident. This brings us to the second reason why providing notice to your insurance company is important. After an accident, people generally exchange insurance and other relevant information at the scene. However, simply because someone gives you insurance information does not necessarily mean that they are covered. Coverage could be denied because the driver was an excluded driver on the policy, the policy could have lapsed for lack of payment, the policy could have simply expired and never been renewed. If that is the case, you will need to look to your own policy for uninsured motorist coverage and payment for property and personal injury damages. Moreover, even if the other party has coverage, you may need to look to your underinsured policy if the responsible parties coverage are to low to pay for all of your property and personal injury damages. After an accident, call the team of Cohn & Swartzon, P.C. and we will make sure that your receive the compensation you are entitled to.

Insurance Companies Don't Care About their Customers, they are more concerned about Pizza Parties

2009-07-29T18:19:08Z

You pay hundreds and even thousands of dollars for car insurance every year to protect you and your family in case of an accident. You pay these premiums to ensure that in case something happens to you or your family, you will be protected. Unfortunately, the reality of the situation is that many insurance companies don't care. What they do care about is their bottom line-making big money for fat cat CEOs and their shareholders. These insurance companies are incentivized to not pay claims and deny them. When they don't pay claims, they keep the money for their coffers. In fact, adjusters are often given incentive to deny valid claims, even clear personal injury claims. What is the adjuster's prize for denying a valid claim which may have catastrophic consequences for you and your family? Pizza, yes pizza. Many insurance companies throw pizza parties for adjusters when they meet low payout goals. You need someone on your side to make sure that the insurance companies do not get away with these shenanigans. You need a strong law firm like Cohn & Swartzon, P.C. to help you and your family in their time of need. Whether you are involved in a minor or major car accident, call us. We will deal with the insurance companies directly.

You might think a car that has been totaled is worthless, but its is priceless if you are seeking to recover from the person that caused the damage

2009-07-23T00:17:10Z

Often times, when people hear that their vehicle is totaled, they just want to get rid of it, try to get as much fair market value as possible and move on with their lives. Although looking at a pile of "scrap" that used to be your car may seem like wasted time, it will provide invaluable information for use in determining the cause and severity of the accident and any injuries you may have suffered. Because insurance companies like to deny liability and always try to think of the bottom line, this car may be some of your best evidence of how the impact occurred and what injuries your suffered in the accident. You must take pictures. Not just a few, but a lot. Take pictures of all four sides of your vehicle (the corners too). Try to take pictures from the top of your car down. Try to get pictures of the undercarriage of your car. You will also want to take several interior shots, pictures of any broken parts, including glass. In rear end collisions, take pictures of the top and bottom of the bumper and open the trunk to take pictures inside. If there are blood marks or areas of impact, take pictures of those as well. If you are unsure about what pictures to take or you need any additional legal help, make sure you call a law firm like Cohn & Swartzon, P.C. at 888-444-1955 that will gather this and other evidence and serve all of your legal needs to get you the best results on your case.