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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.

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.

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.

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.

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.

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.

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.  

Everyone knows that driving safely requires a keen sense of your surroundings and constantly assessing what other drivers re doing.  Being safe however also means using your
common sense.  Below are ten very common
mistakes that driver's make that could spell disaster. 

 

Swerving

The No. 1 fatal mistake made by drivers is perhaps the most simple: not staying in their own lane -- i.e., running off the road or drifting
into the adjacent lane. According to the National Highway Traffic Safety
Administration, in 2007, 15,574 people died in crashes where the driver simply
couldn't stay in the lane.

 

Driving While Drowsy

This is the equivalent to driving while under the influence, and in some cases just as deadly.  This
generally occurs from 3 a.m. to 6 a.m., times when most people are used to
sleeping.

 

Drinking and Driving

Every 40 minutes someone dies in a drunk-driving accident. (In all 50 states, a blood-alcohol level of 0.08 percent or more is considered
illegal, but a little-known fact is that you can be charged with driving while
impaired even if you're under the legal limit.) 
Not surprisingly, the decision to get behind the wheel while intoxicated
is made most often at night and on the weekends.

 

Overcorrecting

When people panic because of conditions, they over correct or over steer.  More than 4 percent of
automobile fatalities a year occur because of drivers over correcting.  Driving carefully can reduce the probability
of over steering or over correcting.

 

Speeding

Whether you are going faster than the posted speed limit or too fast for conditions danger awaits. 
Once you hit 55 mph, you're in the danger zone: 30 percent of fatalities
occur at 55 or above. Though it seems like common sense, speed can be deadly.

 

Failure to Yield Right of Way

For drivers age 70 and above, failing to yield while merging into traffic is the top cause of crashes. In a recent study by the Insurance
Institute for Highway Safety, drivers 80 and older simply fail to see the other
vehicle they should be yielding to. 
Failing to yield the right of was the fifth leading cause of death in
2007.

 

Erratic or Reckless Driving

At its mildest, we're talking about weaving and tailgating; at its most severe, this kind of driving involves steering down the wrong side
of the road, exceeding the speed limit by 20 mph or doing more than 80 mph, and
worse. Reckless driving can bring fines, jail time -- and death. More than 1,850
fatalities in 2007 were the result of erratic or reckless drivers.

 

Running Red Lights

A whopping 75 percent of automobile crashes occur in cities.  NHTSA statistics show that of the 41,059 automobile fatalities in 2007, 54 percent occurred in cars that sustained
frontal damage.  When you cut it too
close while running a light, your front end or another car's front end is impacted.
Either way, it's a recipe for a deadly accident.

 

Not Wearing a Seat Belt

Despite the fact that seat belt use is far more prevalent than even a decade ago -- not to mention being legally required -- 33 percent of
people who die in vehicle fatalities failed to buckle up. Without a seat belt,
car drivers and passengers put themselves at risk of being ejected from a
vehicle, and 76 percent of the time the ejection ends in death.

 

Inattentive Driving

Eating, talking on a cell phone, typing text messages and fumbling with the car stereo all fall under the umbrella of inattentive
driving, which was responsible for 4,704 deaths in 2007.  Putting on makeup, eating fast food and
reading is a recipe for disaster.

Safe driving not only depends on what you are doing while driving, but the habits of others driving around you.  Many accidents are caused by the mistakes listed above. If you or a loved one has been injured in an accident, make sure that you have aggressive and knowledgeable lawyers who will fight for you.   The team at Cohn & Swartzon, P.C. have over 21 years of combined legal experience in dealing with these types of cases.

 

 

Insurance regulators and safety activists describe with alarm a developing climate in which many drivers are scaling back or even dropping their auto insurance coverage completely in order to save money during the economic downturn.

In California, auto insurance is required if a person intends to operate a motor vehicle upon the roads and highways.  This requirement essentially ensures that most California Drivers maintain at least a minimum policy in the event of a collision.  

However, despite the generally recession-proof nature of the insurance industry, some insurance agencies are reporting that up to 20% of their clients either dropped their automobile policies or missed payments in recent months.  Others warn that we may be looking at record numbers of uninsured motorists across the nation.

Industry figures seem to back up that concern. An auto insurance industry study now warns that an increasing number of drivers may not be insured by the end of 2009.  By 2010, 1 of every 6 drivers on U.S. roadways is likely to be uninsured, according to the Insurance Research Council.

The failure to obtain coverage, retain coverage or ensure sufficient coverage is directly attributable to the sour economy.  Oftentimes people cannot afford even the minimum liability coverage required under state law. Food , rent and children are more immediate concerns.  However, regardless of how tight finances get, terminating or reducing auto insurance coverage is potentially the worst option to save money, say law enforcement officials and insurance industry representatives.

Uninsured motorists may face legal fees, fines, and penalties, including a suspended license.  In addition, the costs involved when an accident occurs can total in the tens of thousands for property damage and in the hundreds of thousands for medical treatment.  In California, which does not have "no-fault" insurance laws, an uninsured or underinsured motorist could also be liable for the bills of other drivers or passengers, who could sue and, if successful, seize your assets and bank accounts and garnish your wages.

The National Association of Insurance Commissioners, which represents insurance regulators in all 50 states, said most Americans were woefully uninformed about what was covered by their auto policies.  A quarter of Americans rarely or never review their policies, the association reported in a survey, while three-fifths review their coverage only when they file a claim or renew their policies. As a result, tens of millions of Americans are driving around with policies that don't reflect major changes in their incomes and family situations, it said.

Driving without any coverage is both against the law and very dangerous.  Getting in an accident with someone without insurance or minimal coverage can be devastating.  If this has happened to you, please call Cohn & Swartzon, P.C. and speak with an attorney regarding your rights.

Some information derived from the following article by Alex Johnson:
URL: http://www.msnbc.msn.com/id/30093235/