California Personal Injury Attorney Blog | San Diego Personal Injury Lawyers Berman & Riedel, LLP

Man killed on I-15

By: Berman Staff - Attorney at Law

VISTA, CALIFORNIA - On March 25, 2009, 53 year-old Raymundo Ambrosio-Vasquez was struck and killed on Interstate 15. He was tragically struck on I-15 near Rancho Penasquitos Boulevard at approximately 5:00 a.m. Mr. Ambrosio-Vasquez was pulled over on the side of the road for an unknown reason and was standing outside his car when he was hit. According to reports the driver of the vehicle that hit him stopped and called 911, but Mr. Ambrosio-Vasquez was killed by the impact according to the Medical Examiner’s office.

While nothing could ever truly compensate this family for the shock and horror of this news, it is possible to bring a civil lawsuit and recover compensation for the wrongful death of a family member. For example, Mr. Ambrosio-Vasquez was married and lived with his family in Vista, and family members in such a situation are entitled to bring a wrongful death lawsuit.

The attorneys at Berman & Riedel, LLP have successfully pursued many wrongful death lawsuits on behalf of the families of victims who were wrongfully killed. The law provides for compensation of the loss of love and companionship as well as economic losses. When families are struggling to cope with such a loss they ought not make it more difficult than it already is by failing to pursue all available compensation. Our attorneys can provide consultation and advice to any families in such a situation.

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By bermanstaff

Burn Injuries - New Federal Legislation

Personal Injury Practice: Burn Injuries

By: U. Kelley Riedel, Attorney at Law

WASHINGTON, D.C. - A new bill was introduced in the United States Senate last month by Senator John Kerry (D, Massachusets) to help burn victims obtain Social Security disability victims quicker than ever before. The bill, titled “Social Security and Medicare Improved Burn Injury Treatment Act of 2009,” seeks to “amend the Social Security Act to eliminate the 5-month waiting period for Social Security disability and the 24-month waiting period for Medicare benefits in the cases of individuals with disabling burn injuries.”

The text of the bill indicates that Congress was prompted to introduce a bill to help burn victims get medical financial assistance more quickly because terrorist events such as the September 11, 2001 attacks on New York City and Washington, D.C. and terrorist attacks throughout the world, as well as major accidental events, chemical plant explosions, airplane crashes and major industrial accidents result in a substantial number of burn-injured patients.

Information obtained from the American Burn Association indicates that there are 128 burn centers in the United States with a capacity of 1,835 beds. In recent years, four burn centers in the United States have closed, thereby diminishing our country’s ability to properly care for mass burn injuries which could result from a major terrorist attack.

According to a 20-year study of over 54,000 burn patients conducted by the American Burn Association, up to 38% of patients being treated for burn injuries are uninsured, leaving the medical institutions financially vulnerable. Burn injuries are among the most costly to treat and require immediate medical attention. Because Congress recognizes that burn injury treatment is showing a “high level of uncompensated cared [which] threatens the survival of burn centers,” this bill is considered essential to preserving our country’s ability to treat individual burn injuries as well as those which are the result of a catastrophic incident.

In additional to this proposed bill, which Congress hopes to finalize, approve and send to President Obama for his signature, burn injury victims have other legal rights and avenues to help them on the long road to recovery. In addition to Social Security disability and medical treatment payments through Medicare, government benefits such as unemployment compensation may be available. If a burn injury occurs at work, the injured worker will be entitled to workers’ compensation, and may also be able to file a claim against a negligent third-party wrongdoers. If the burn injury occurred as a result of an auto accident, there may be automobile insurance available. And when burn injuries are caused by a defective product, a products liability claim may be available against the manufacturer and seller of the product. In circumstances of a serious burn injury, where the costs of medical care can are significant, it is important to protect your legal rights by exploring all avenues of recovery.

U. Kelley Riedel is a Partner with the law firm of Berman & Riedel, LLP, which has extensive experience in handling burn injury matters, as well as cases involving catastrophic personal injury, death caused by acts of another person, and nursing home abuse and neglect.

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By kriedel

Understanding Traumatic Brain Injuries

By: Yvonne L. Sanchez

While most victims who are involved in a serious accident seek medical attention sometime following the accident due to complaints of generalized pain, pain is not an immediate sign of a traumatic brain injury. Indeed, many who have later been diagnosed as having suffered a traumatic brain injury following a serious accident initially reported feeling “OK” following the accident.

A recent example of this medical phenomenon is actress Natasha Richardson, who suffered a what turned out to be a fatal head injury on Monday, March 16, 2009 after falling during a “beginners” ski lesson in Canada. Following the fall incident, she showed no signs of having suffered a closed head injury, and seemingly “skied away” unscathed. It was not until about an hour after the incident that she first experienced a headache, which then progressed to the point where it became severe and she was taken to a hospital. It was hours after the accident when it was discovered that Richardson had indeed suffered a very serious sheering injury in the seemingly minor fall, which caused an internal bleed. On Wednesday, March 18, 2009, Richardson died as a result of the closed head injury; had she received immediate evaluation and care following the incident, her death likely could have been prevented.

Speaking on the issue, James J. McCarthy, M.D., an assistant professor of emergency medicine at University of Texas School, says that when someone experiences a serious trauma to the head they can be at risk even if they feel fine. A headache may be the first symptom which can be the sign of ongoing hemorrhage or bleeding around the brain. McCarthy advises to watch for signs of head trauma such as headaches, weakness, state of confusion, balance problems, nausea and vomiting. People over 65 may take longer to show symptoms. The brain of an elderly person usually has atrophied which takes up less space in the skull which in turn may take longer for pressure to build.

While not every head strike will result in brain injury, it is extremely important to be cautious and obtain proper medical evaluation following a head strike incident. As the circumstances surrounding the tragic death of actress Natasha Richardson demonstrate, even those who feel fine after suffering a seemingly minor head strike incident can be at significant risk for brain injury and even death.

Yvonne L. Sanchez is a legal assistant with the law offices of Berman & Riedel, LLP. She assists the attorneys with the firm in the handling of high-end personal injury cases and has worked on several serious closed head injury/TBI cases since joining the firm in 2007.

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By ndeclusin

Consumer Product Recall

By: U. Kelley Riedel, Attorney at Law

WASHINGTON, D.C. - Earlier today, the United States Consumer Product Safety Commission and Health Canada, along with State Farm of Bloomington, Illinois, announced an immediate recall of “State Farm Good Neigh Bears” due to a potential choking hazard posed to children.

About 800,000 State Farm Good Neigh Bears have been distributed in the United States and about 27,000 were distributed in Canada. The bears were given to consumers at no cost by State Farm agents and at State Farm sponsored events from September 2005 through March 2007. The recalled bears include both the 11 inch (28 cm) size as well as the 18 inch (46 cm) size, and are brown and white with a red State Farm shirt.

State Farm received a report of one child removing the plastic eye from the bear and putting it in her mouth. No injuries have been reported, but because the plastic eyes of this promotional bear can come off, they pose a choking hazard to young children. Therefore consumers should immediately take these bears away from children and discard them.

Thousands of products, including many toys, are recalled each year due to choking hazards posed to young children. It is not recommended that children ages 3 and under be allowed to come into contact with toys which have small plastic parts which can be removed, either intentionally or unintentionally, and potential swallowed. Parents have been advised not to allow their children to play with any items which can easily pass through a paper towel holder, as these items can also fit into a child’s mouth thereby causing a choking hazard.

U. Kelley Riedel is a Partner with the law firm of Berman & Riedel, LLP, and has extensive experience in handling defective product cases, as well as cases involving personal injury, death caused by acts of another person, and nursing home abuse and neglect.

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By ndeclusin

82 Year-old Man in Critical Condition After Hit by Car

By: Berman Staff - Attorney at Law

SAN DIEGO, CALIFORNIA - An elderly man 82 years of age was hit by a car yesterday while he was standing in a crosswalk. The man was crossing a Linda Vista street Tuesday morning when he was hit by a car. The vehicle was driven by a 21-year-old woman. According to reports, the driver indicated that she did not see the man because the sun was in her eyes. The victim suffered extremely critical injuries to his hip, arm, and ribs. The police stated the injuries were possibly life-threatening due to their severity. The pedestrian was hit at approximately 7:30 a.m. when he was crossing Kramer Street at Burton Street.

California law requires that all drivers proceed at speeds that are commensurate with visibility and weather conditions. To continue to drive a car through an intersection without proper viability, and thereby hitting a pedestrian in a crosswalk certainly may constitute grounds for a case of negligence against the driver of the vehicle. The victims of such personal injury may bring a lawsuit to recover not only their medical bills but compensation for pain and suffering as well.

Berman & Riedel, LLP specializes in catastrophic personal injury lawsuits on behalf of injured victims. If you or someone you love has suffered life-threatening injuries as a result of someone’s negligence please contact an attorney at Berman & Riedel, LLP to discuss your legal rights and options.

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By bermanstaff

Boy Dies After Crash in El Cajon

By: Berman Staff - Attorney at Law

Monday night a 7 year-old boy died after the vehicle he was in was struck by another vehicle in El Cajon. The child’s name is Aram Gorgees, and he is from El Cajon. Aram was riding in the rear left passenger seat of a vehicle at around 9:40 p.m. on Jamacha Road north of Washington Avenue. The driver of the car he was in pulled out of a strip mall driveway and was broadsided by a sport utility vehicle. In addition to this death, two others were injured and taken to a hospital as a result of the accident.

When people suffer serious personal injury or even death as a result of a driver’s negligence the victims and their families may pursue monetary compensation through civil litigation. An experienced personal injury attorney and wrongful death attorney can help ensure the maximum amount of recovery following such an incident. While it may seem impossible to fully compensate for loss of life, our civil justice system attempts to provide such compensation.

Berman & Riedel, LLP has many years of experience in litigating wrongful death and personal injury cases. The firm consistently produces exceptional results for its clients. Our attorneys are available to consult individuals regarding their rights following such a tragic loss.

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By bermanstaff

19 Year-Old Driver Sentenced to Prison Following Deadly Crash in Poway

By: Berman Staff

Richard Caldwell, 19, plead guilty to gross vehicular manslaughter while intoxicated, and was sentenced to four years and eight months in prison. This Rancho Bernardo teenager rolled the SUV he was driving down a residential street, killing one of the passengers and injuring other people. The crash happened at 2:30 a.m. on April 10, 2008 along Valle Verde Road in north Poway.

The victim who was killed is Charles Elias Amaro II, 20, of Rancho Bernardo. San Diego Superior Court Judge David Danielsen stated in the criminal matter that, Caldwell “deserved prison” for this act. Similarly, any victims of this horrific act of negligence on the part of Caldwell deserve compensation. Both the victims of personal injury as well as the surviving family of someone wrongfully killed may be entitled to compensation.

Berman & Riedel, LLP has a very strong track record of obtaining the maximum amount of recovery for victims of serious personal injury, as well as families in wrongful death cases. By thoroughly exploring the factual circumstances surrounding the accident, including insurance coverage issues, and conducting expert investigation, Berman & Riedel, LLP can lay the foundation for a successful lawsuit. Our attorneys are experienced in the area of serious personal injury and wrongful death and can advise any victims in such a situation.

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By bermanstaff

Southern California has Deadliest Roads in America

By: Berman Staff - Attorney at Law

Based on the number of fatalities in the last five years, some of the most dangerous highways in America are in San Diego County, Los Angeles County, Riverside County, and San Bernardino County. In particular, the I-15 in San Bernardino County is at the top of the list. Although that road is straight, many drivers fall asleep when driving, resulting in deadly consequences. There are also a significant number of drunk drivers as people travel on that road leaving Las Vegas.

The I-10 in Riverside County is another spot where a disproportionate number of fatal car accidents occur. Again, the road itself does not appear to be flawed, but there is a lot of bad driving that occurs there, such as speeding which often results in fatal car accidents. Similarly, near the top of this list is the I-5 in Los Angeles County, and the I-5 in San Diego County.

In fatal car accident cases where there are not many witnesses, often the facts of the incident are limited. Only after a thorough investigation conducted by accident reconstruction experts and other investigators can the decedent’s perspective be told. Oftentimes, such investigations take a long time to complete and are expensive. The attorneys at Berman & Riedel, LLP, however, understand the critical importance of conducting a prompt and thorough investigation to determine the facts surrounding the cause of a fatal auto accident, and routinely arrange for such investigations for their clients.

Conducting an early and thorough investigation can provide important evidence which can help shape an entire legal case. By retaining an experienced attorney to help direct this investigation the likely outcome of successful litigation is greatly increased. Our attorneys have experience litigating complex fatal car accident cases. We can help build successful wrongful death cases for the families of those killed in an auto accident, and we are always available for a confidential and free consultation to discuss potential cases.

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By bermanstaff

UPDATE: Scaffolding Company Found to have Caused Construction Accident that Killed One and Injured at Least Fifteen Others Last August

By: Natalie B. DeClusin, Attorney at Law

SAN DIEGO, CALIFORNIA — The California Division of Occupational Safety and Health (Cal-OSHA) released a report yesterday stating that it was Paramount Scaffold Inc. that most likely caused the construction site accident that resulted in at least fifteen people being injured and one local man’s death. The report issued explains that Paramount Scaffold Inc. was primarily responsible for creating a hazard when its workers stacked scaffolding planks and metal frames against the pedestrian canopy.

As was reported in a previous Berman & Riedel, LLP article, the accident occurred on August 28, 2008 when a 200-foot-long walkway cover located at Imperial Avenue and 15^th Street collapsed on pedestrians. The most of unfortunate of those victims, 49-year-old Tyrone Allen, died on February 12, 2009 from complications related to injuries he sustained during that accident.

Cal-OSHA began an investigation of the incident just 40 minutes after the accident occurred. Their inquiries revealed that 8 to 10 planks and frames were stacked against the pedestrian walkway at around 8:15 a.m., that a crane operator noticed the walkway bowing around 11:30 a.m., and that the crane operator then told another workman, who relayed the message to the scaffolding crew and his supervisor. However, despite realizing the danger, none of these Paramount Scaffold Inc. employees took any action, and the walkway collapsed at 12:20 p.m.

The state agency found that Paramount Scaffolding Inc. had seriously violated two state safety regulations by overloading scaffolding and creating a hazard with stored material. Now that its investigation is complete, Cal-OSHA has sent Paramount Scaffold Inc. a notice informing the company that it will be fined $10,120.00 based upon its findings. According to legal counsel for Paramount Scaffold Inc., the findings of Cal-OSHA are inacurrate, and Paramount Scaffold Inc. has appealed the citations issued by Cal-OSHA.

Berman & Riedel, LLP is a civil litigation firm that specializes in serious personal injury cases, including those arising out of construction site accidents. If you or a loved one has suffered serious injury as a result of a construction site accident, please contact Natalie B. DeClusin at Berman & Riedel, LLP for advice and assistance in preserving your legal rights.

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By ndeclusin

California Department of Public Health Initiates Action to Revoke Nursing Home’s License

Attorney at Law

PLACER COUNTY, CALIFORNIA – According to the California Department of Public Health, an administrative hearing is underway to revoke the license of Colonial Healthcare, a nursing home located in Auburn, California. The hearing was initiated after Colonial received a “AA” citation and $100,000 fine, the most severe penalty and highest fine under state law. The “AA” citation was the third issued to the facility since 2005. Under California law, two “AA” citations in less than 24 months triggers automatic action to revoke a facility’s license. In addition to the three “AA” citations, Colonial also received an “A” citation and eleven “B” citations in the same time period.

The California Department of Public Health strives to protect the health and safety of our vulnerable elderly population. The citation process is part of the ongoing effort to improve the quality of care in the state’s estimated 1400 skilled nursing facilities.

Berman & Riedel, LLP, has established itself as one of the most successful elder abuse and neglect litigation firms in California. The attorneys and staff are experienced in handling these complex claims and are dedicate themselves to helping victims of abuse and neglect obtain proper compensation and justice for the wrongs they have suffered.

William M. Berman is an attorney with the firm Berman & Riedel, LLP, an elder abuse and personal injury litigation firm. Mr. Berman handles elder abuse and neglect cases throughout the State of California.

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By bermanstaff

California Personal Injury News & Issues / Blog