Injury Information Center

NFL Players Union Meets on Brain Injury Issues

2010-01-27T13:12:00.000-08:00

BRAIN INJURY A SERIOUS PROBLEM FOR NFL PLAYERS

It is very encouraging to see that the NFL has formed a “brain injury panel” to focus on the concerns over brain injuries that players suffer. The players’ union has met for the first time in Florida recently.

The major concerns for the NFL players is the frequency of concussions, which have a cumulative negative effect on people. That is, every time a player has another concussion the damage to the brain increases. The long term effects that NFL players suffer who have had too many concussions include problems with memory, head pain, and other head problems

One of the issues that they have been dealing with is the team policies on “returning to play” after suffering a concussion. Another major concern is the safety of the helmets that are used

Brain injuries are a serious matter and can have life changing consequences. People rarely recover from significant traumatic brain injuries, and the quality of their lives can be dramatically changed for the worse

As a lawyer that has represented many victims of traumatic brain injury (TBI), it is good to see that the risks of brain injury are being taken more seriously by the NFL with the goal of increasing safety for the players.

A person who suffers a traumatic brain injury, or serious head injury, as the result of an accident, like a car accident, motorcycle accident, or construction site accident, should contact a law firm with experience in brain injury matters.

Legal cases involving brain injuries have produced some large verdicts, frequently in the millions of dollars. This is because of the lifetime of expenses and lost earning capacity that these people suffer.

MUNI Accidents

2010-01-22T19:38:00.000-08:00

MUNI ACCIDENTS – warning to riders – HOLD ON!

The MUNI accident recently in San Francisco brings to the attention of citizens who ride the MUNI buses and streetcars that there is real risk in riding these mass transit vehicles.

Unlike automobiles that are equipped with padded seats, seatbelts and airbags, all designed to protect a passenger in a serious accident, the public transportation vehicles do not have these protections. So it is Rider Beware! Sudden movements on a bus, cable car or streetcar can produce forces that will cause standing passengers to fall down, or seated passengers to fall from their seats, if they are not holding on securely. It is more likely that a person will suffer a serious injury, such as a traumatic brain injury, knee injury, shoulder injury or back injury, in these accidents.

The message and the reminder to riders on the MUNI system, is HOLD ON for your own safety at all times.

And remember, if you are injured in an accident which is the fault of MUNI, there is only a 180-day period within which to file a governmental claim. How that claim is made is very important in cases of serious injury, and should be completed by an experienced lawyer practicing personal injury law.

Blackman Legal Group has been handling injury cases against the MUNI and the City of San Francisco since 1976, and there is no up front cost for handling a personal injury case against them. All fees are contingent and recovered only from the settlement.

Call 24/7 for a free consultation with a San Francisco personal injury lawyer at Blackman Legal Group, or visit our website at http://www.brain-injury-lawyer.com.

Injury Due To Defective Cars

2010-01-22T10:24:00.000-08:00

Toyota Recall and Product Liability Claims

Toyota has recalled a large number of its cars, including the RAV4, Corolla, Matrix, Avalon, Camry, Highlander, Tundra and Sequoia, for problems that cause the throttle to stick open.

This hazardous defect in the cars can result in the car accelerating when the driver does not want to accelerate, causing serious accidents, and in some cases, serious injuries.

Lawsuits against the auto manufacturer, based on products liability, can be brought for damages (money) for personal injuries sustained because of an accident that was caused by the throttle sticking in the open position (forced acceleration). Products liability lawsuits against Toyota, or any car manufacturer, for injuries caused by the defect, can result in significant verdicts and settlements. Plaintiffs (injured parties) can sue for their medical expenses, loss of earnings, and pain and suffering, including loss of enjoyment of life.

Plaintiff lawyers who sue manufacturers on behalf of injured consumers work on a contingency fee. This means that the consumer does not pay the attorney anything, and the lawyer only gets paid from the settlement funds when they are recovered for the client.

If you or someone that you care about has been seriously injured in a Toyota vehicle as a result of the sticking throttle causing forced acceleration, it is very important to know that the vehicle must be stored and kept available for testing as it is important evidence in the case. Experts for the plaintiff and the defendant need to examine and test the vehicle to be able to prove the case, i.e. prove that the vehicle was defective, that the defect caused the accident, etc.

Time is very important in bringing a product liability case. It is therefore very important to contact an experienced law firm as soon as possible after such an accident.

Blackman Legal Group handles products liability cases in California, with offices in Los Angeles, San Francisco, and throughout the state. They can be reached via its nationwide toll-free number, 1-888-395-3551.

Child Safety Issues

2009-10-02T09:04:00.000-07:00

IMPORTANCE OF CHILD SAFETY

Protecting your child while you are out in a public place is very important because there are many ways in which your child can get hurt if not being watched over closely. Young children are very curious and love to explore new things so it is very easy for a child to put him or herself in harms way without realizing they are doing so. It is the parent/care givers responsibility to ensure that their children are protected from dangerous objects and avoiding situations that increase probability of children getting hurt.

PROTECTING YOUR CHILD IN PUBLIC PLACES

For example, one public place that all parents/care takers experience is taking children to the grocery store. It is very important that caregivers watch their children closely while at this place because there are many opportunities where a child can be injured. For instance, in the store there are numerous isles and if the child is not watched carefully he/she could easily become lost. Additionally, it can be dangerous to let children sit alone in the shopping cart while you are gathering food items because they might fall out or grab things that could possibly fall onto them.

To address these issues in the grocery store here are a few suggestions:
· Always keep your children at your side while in the store by either holding their hand, if the child is too young to walk keep them in the grocery cart (but always keeping an eye on the cart)
· If the child is older, have them help you collect the groceries so that they feel engaged and are not bored, so they do not feel the need to wonder around and get lost in the store.

Another common public place that poses a threat for children is traveling, whether it is by train, bus or plane. All of these locations tend to be very crowded and it can be very easy to lose your child if one does not watch them closely. For instance, at the airport do not leave your child alone to watch the luggage at any time regardless of how short. Of course once children reach an older age (12+) it may be appropriate to allow the child to be left alone for a short amount of time (i.e. going to the restroom). To address this issue it is ideal to travel with 2 adults per child so the child is never left alone. However, this is not always the situation so if an adult is traveling alone with a child, prepare yourself to keep the child with you at all times while in crowds. Force the child to hold your hand while walking no matter how much they protest the arrangement.

WHO IS HELD RESPONSIBLE?

Even under the watch of the most cautious parent/caregiver children get hurt. This raises the issue of who will be held responsible for the child’s injuries. Is it the parent/caregiver? Is it the property owner of the place where the child was injured? Is the child old enough to take any responsibility for the injury? These are very important questions that will be asked if legal action is taken regarding an injured minor. In some situations it is easy to determine the responsible party, while in others it is not as easy to answer these questions for the answer is not clear. For example, if a child is walking down a sidewalk, trips and falls because there is a defect in the cement, who is responsible for paying for the children’s injuries? Is it the parent? Were they being negligent and not watching their child with enough care? Or is the person who owns the house/property where the child fell? Or does responsibility fall to both parties? Another issue that may be raised is whether the injury would have occurred if it were an adult involved instead of a child.

BUY MEDICAL PAYMENTS COVERAGE ON YOUR HOMEOWNER'S OR RENTER'S POLICY

An optional coverage on your homeowner's or renter's insurance policy is Medical Payments insurance. It is a good idea to have $10,000 or more coverage. This will pay for 100% of needed medical or dental care for someone injured on your property, including children. This pays regardless of fault! Inquire about adding or increasing your Medical Payments coverage, and you will have added protection for all visitors to your home. It does not pay for treatment for you or your family that lives in the house, however.

When a serious accident occurs it is a good idea to call an attorney as soon as possible to advise you. Blackman Legal Group is a law firm that handles accidents involving children. The initial call is always free and confidential, and if there is a valid case, there is no need for money, as cases are handled on contingency (fees are paid only from the settlement). They have offices in San Francisco, Los Angeles, San Diego and Sacramento in California. Their toll-free number is
1-800-444-5602.

Improve Your Case Value

2009-07-30T20:28:00.000-07:00

Can I improve the value of my case?

Injured people who have lawyers and are pursuing a settlement for personal injuries can affect the value of their own case. Delaying in getting treatment can cause value to decline. Too much treatment will also have that effect. The right care, without gaps in treatment, will help the value of the claim.

Watch this video by personal injury lawyer Cliff Blackman of San Francisco and Los Angeles.

Watch other videos by Mr. Blackman on personal injury topics at Blackman Legal Group.

2009-07-26T17:09:00.000-07:00

Horrific Car Wreck in Napa July 25th

As we were driving home from Napa late last night we were suddenly stopped on Highway 29 southbound. Emergency vehicles fought to get through from both directions, including Sheriff, Fire Department, Paramedics, and virtually everyone in the county who responds to major accidents. The wreckage strewn across the highway covered the entire road surface, and the vehicle was horribly damaged. As I drove past the remains of the car involved, I snapped this photo of the fire rescue worker responding at the scene.

This was yet one more scary reminder of the risks of drinking and driving. This appeared to be a one-car accident, and may have been due to losing control of the vehicle and rolling over and over. As Californians, we love visiting the Wine Country of Napa, Sonoma, St. Helena, and the other gorgeous towns that encompass the region. We may taste wines at several wineries and wind up the evening with a fine dinner at one of area's many splendid restaurants, especially on a beautiful summer weekend in July. Underestimating the effects of alcohol, drivers brave the roads to get home, tired and under the influence, and horrible and fatal accidents can be the result.

I was glad that I had been driving cautiously, keeping the speed between 50 and 60, at or below the speed limit, and with a large distance between our car and vehicles ahead. Keeping adequate distance while driving on the highway is the safety rule most drivers ignore as they tailgate and try to pass the cars ahead of them. Remember, a distance of 3 to 4 seconds behind the vehicle ahead of you on a highway provides you with the time you need to see a risk ahead, slow down and stop without a problem. This is particularly true on weekend evenings during the summer, wherever you may be, and particularly in the Wine Country of Northern California.

Cliff Blackman, personal injury attorney

http://www.blackmanlaw.com/

2009-06-13T15:08:00.000-07:00

What Do I Tell My Doctor About My Injuries?

So, you were in a car accident and now you are having pain in your neck, back, head and have numbness and tingling down your main right arm. But, as fortune would have it, you had some neck problems for the past six months before the accident for which you had been seeing a chiropractor once a week after you had sprained your neck playing basketball with some friends at the club.

Now you are going to see your primary care physician who you haven't seen since you had that terrible sore throat a year ago. What should you tell him about your accident and the injuries from the accident? What should you tell him about the neck problem and the chiropractic care you have been getting?

You know that you are making a claim against the other driver's insurance company. Should you feed the doctor the information you think is best for your claim? Should you omit the prior neck problem?

Many people believe that since they are going to the doctor just for the accident related injuries that they should not tell the doctor about the pre-existing problems or other treatment they have been getting. Actually, it is the opposite that is true.

Tell the doctor about all your problems, including ongoing treatment for another injury.

It is important that you tell the doctor about the previous neck problem and the treatment you have been getting from the chiropractor for it. Explain how your neck problem has worsened after the car accident, however, and if the pain is different in the neck, explain the difference. It is likely that later on when the attorneys involved in your accident claim question the doctor they will already know about the prior neck problem and chiropractic care. If they can "trap" the doctor into making statements such as "all the neck problems came from the car accident" or that "he had no neck problem before the car accident" then the doctor will lose his credibility. It is much more important for the doctor to have all the known information before he gives his opinions so that they cannot be attacked for being based on limited or incorrect information.

When you go back to your chiropractor be sure to tell him how the neck problems have changed since the car accident. He will be asked later on to "apportion" the problems with your neck and the treatments for them between the pre-existing problem and the accident-related problems.

The best approach is always to provide the doctors and therapists who are treating you with an accurate and complete medical history. Their opinions in your case will be worth a lot less if they are based on inaccurate or incomplete information. If they know everything about you and your medical history their opinions in your case will be much more believable and persuasive.

2009-05-15T19:17:00.000-07:00

How Much UM Coverage Do You Have?

A car accident caused by a hit and run driver caused injuries to the driver of this car, but he did not have adequate UM coverage. What does that mean?

When buying car insurance most people focus on the limits of liability coverage and don't pay much attention to the Uninsured Motorist Coverage. That is because the law requires all cars to carry at a minimum liability insurance to protect others against the risk of loss caused by a car accident. The law does not require Uninsured Motorist coverage, which is intended to protect the driver and occupants of a car against injury by another driver that is uninsured, or has inadequate insurance coverage.

Ask yourself, "How much UM coverage do I have?" Do you know the answer? If not, you better check your policy to be sure that (1) you have the UM coverage, and (2) the limits of coverage are high.

Why would you want a high limit of coverage on the UM portion of the car policy? Well, that is the part that protects you and your family if injuries are caused by an uninsured driver, hit and run driver, or driver with inadequate coverage.

Most insurance companies will not allow you to purchase more UM coverage that liability coverage, so if you buy 30,000/60,000 liability coverage (30,000 per person/60.000 per accident), then you would not be able to purchase more UM coverage than that.

A client was seriously hurt recently when a hit and run driver crashed into him, causing very serious injuries to his head and back. Our early estimation was that the case had a value in excess of $200,000 based on similar cases. Unfortunately for the client, the limit of his UM coverage was only $30,000. Unless his company was guilty of bad faith refusal to settle for that limit, there would be very little chance of ever recovering more than that.

The lesson: (1) Check on your UM coverage today

(2) consider increasing the coverage substantially

If you have any questions about this, talk to your auto insurance agent. While you are at it, check on your Med Pay coverage and consider raising that limit also.

2009-04-25T17:12:00.000-07:00

Get Medical Care On Credit - The "Lien"

After an accident some people find that they need treatment for their injuries, but they do not have medical insurance or money to pay for the treatment. This is a tough situation, especially if the need is for restorative dentistry after an accident has knocked out a person's front teeth.

If the injuries were caused by an accident that was the fault of another person who has insurance, such as car insurance, or homeowner's insurance, the injured person may have a valid claim for damages. These types of claims usually take quite a bit of time to resolve, and could take between one and three years before a final settlement can be reached. The insurance company that settles the case makes one payment to settle the claim, and this is done at the time of settlement. One can see how this does not help the poor injury victim that needs medical or dental treatment immediately after a bad accident.

The process for getting the needed treatment on credit

If the injured person has a lawyer representing him or her, there is a good chance that the medical provider, such as a chiropractor, doctor or dentist will wait to be paid from the settlement if there is adequate security for the debt. What that means is the doctor will wait to get paid for the treatments until the case settles, even if it takes a couple of years. The security for the doctor is the written promise of the patient which is also signed by the patient's attorney, promising to make direct payment to the doctor from the lawyer's office at the time of the settlement.

Not all doctors accept liens, however. Many medical doctors and hospitals require payment and will institute collection proceedings if payment arrangements are not made.

Using an experienced personal injury lawyer makes a difference

An experienced personal injury lawyer usually has the ability to secure a lien for the client from medical providers. The lawyer reassures the medical provider that there will be full payment at the end of the case and that the doctor has relax and be sure of receiving payment directly from the trust account of the lawyer which is where the settlement is deposited before it is distributed to the client.

For the injured victim that needs medical or dental care and who has no insurance or ability to pay for care, having a personal injury attorney with a solid reputation can make a big difference in getting the needed treatment on credit.

Ask the treating doctor or dentist if he or she will accept a lien from a good law firm. The doctor will not extend credit such as this on the bare promise of the patient. It is the additional security of having the law firm behind the bill that makes a difference to the medical provider.

2009-04-20T19:59:00.000-07:00

Will Making A Claim Cause My Premium to Go Up?

Many people fear that if they make a claim against their own insurance that their rates will go up. This is not always the case. There are many times when making a claim does not affect your own rates, and there may actually be advantages to making the claim against your own carrier. This article will address two types of insurance policies, auto insurance and homeowner's insurance.

Making a claim against your own auto insurance policy

Automobile insurance includes many types of coverage. There is liability which insures the person against claims made against him, when the accident is his own fault. In other words, liability insurance is by definition pay for damages caused to others by the insured by causing an accident. This coverage applies when someone else is making a claim against your policy. Liaibility coverage cannot be used by the insured to make a claim. When a victim of the negligence of the insured makes a claim against his liability insurance, that is based on the loss being the fault of the insured. This will cause your insurance premium to go up.

Many drivers purchase medical payments coverage on their auto policy. This is "no fault" coverage and covers medical expenses necessary because of an injury related to a car accident, regardless of who was at fault. This coverage is very useful because it will pay for the expenses for everyone in the insured vehicle and it pays currently to cover needed medical care or dental care. This is different than making a claim against another driver's liability insurance. That company will not make any payment for treatment, and will make one payment to settle the entire case, which in many claims can be a long time.

Use of the medical payments provision when the cause of the accident is the insured will cause the premium to go up. If the medical payments are used to pay for needed care when the accident is the fault of another, then the payments would not cause the premiums to go up. This is because the payments are not the fault of the insured driver. The insurance premiums are based on the driving history of the insured driver(s), and will go up when there is evidence that they are a higher risk to insure.

Another type of coverage on the automobile policy is for injuries caused by an uninsured motorist (or a motorist with too little insurance). This is referred to as UM coverage. UM coverage will only pay if the cause of the accident is the uninsured person's fault. Because these claims are based on the fault of somebody other than the insured driver(s) under the policy, they should not affect the insurance premium. In other words, since the claim is not evidence that the insured is a greater risk to insure in the future (being an innocent victim), there is no basis for the underwriters to increase the premium.

Hit and run cases are claims that are made under the UM coverage, and the same principles apply. The hit and run coverage will apply when the other driver who caused the accident cannot be found, and where there is contact between the vehicles. Swerving to avoid a collision with another car which results in an injury accident, without contact with the negligent driver, will not be covered. In this regard, it is safer to stay in the lane and absorb the impact rather than make a sudden move to avoid the accident which could be dangerous and cause an accident.

When an insured driver is the innocent victim of a car accident, he or she can use the collision coverage on the insurance policy. If the insured uses the collision coverage, this will not cause an increase in the premium where the accident is the fault of another. After paying for the repairs or for the total loss of the insured vehicle, the auto insurance company will get its money back from the wrongdoer's insurance company. This is called subrogation.

There is an advantage to using the collision coverage after an accident that is the fault of another driver. It is best not to speak with anyone from the insurance company of the adverse driver if there is going to be a personal injury claim. By limiting contact to one's own auto insurance company in dealing with the car repair or replacement under the collision coverage, one can avoid the pitfalls involved with talking with the adversary. Watch a video about car insurance.

Claims against your own homeowner's insurance

Homeowner's insurance concerns itself with the number of claims that have been made against the homeowner's policy. This claims history is used to increase the premiums going forward, and when there have been several claims (different companies vary on the number and amount) the insurance company will use that as a basis to either cancel the policy or refuse to renew it.

A new homeowner's insurance company will ask for and get the complete history of claims made under the previous policy, and if there is a significant history of claims made, that will adversely affect the ability to get a new homeowner's policy.

The lesson with homeowner's insurance is to avoid making claims unless you have to do so, and if the amount is large enough. The effect of making that claim may be the evenual loss of the policy.

If you are injured and have a personal injury claim, remember it is always best to contact an experienced personal injury law firm as soon as possible. They will not get paid until they finally settle your case. See the video on the "contingent fee".

2009-04-17T09:15:00.000-07:00

Difference Between Car Insurance Policies

To understand what the difference is between auto insurance policies offered by different companies requires an understanding of a couple of concepts. First, medical payment coverage varies the most. This is coverage which pays for reasonable and necessary medical expenses for injuries caused by any vehicle, anywhere. It covers all occupants in the insured vehicle. It also covers all family members of the insured that live in the household, for injuries caused by any vehicle, anywhere, whether in a vehicle, or even as a pedestrian.

How Medical Payments Provisions Vary

While all other coverages in auto policies work the same way, the medical payments provisions of different policies can vary quite a lot. The first thing is the number of years of coverage. Some companies offer coverage for only one year from the date of the accident. In serious injuries, where surgery could result more than a year after, say due to a deteriorating herniated disc in the back, or where plastic surgery is needed to revise a scar (plastic surgery is usually done more than a year after an accident), this would not help. Other companies offer coverage for 3 years. This is a major benefit. As I said, scars take a year to "mature" and plastic surgeons will not want to do any surgery on scars for more than a year. Also, health insurers will usually decline coverage for plastic surgery to improve one's appearance. So, having the longer period of coverage is important for this reason alone. Then there are other types of injuries, such as major dental injuries that can result from a major collision, or even a minor one if the injured person was a pedestrian and was thrown to the street. Health insurance will never pay for restorative dental work, which can run into tens of thousands of dollars. So, having the medical payments coverage is the only way to get the work that is needed and have it paid for at the time. Suing a defendant who caused the accident might result in a settlement fund down the road, in some cases 2 years or more, but it will not provide the money to get the needed dental work in the months following the accident.

Another way that these medical payments provisions vary is that some are reimbursable while others are not. That means that if a claim is made against an adverse driver that caused the accident, and a settlement is reached which provides money for the injured party, that the medical payments benefits which were used will have to be repaid from the settlement to the car insurance company. Some policies offer medical payments coverage which is not reimbursable. That means that whatever amount is recovered in a settlement can be kept and nothing has to be paid back to the auto insurance company.

The final way in which these policies vary is the available limits of the coverage. Some companies will offer only $5,000, or $10,000 maximum. That is not adequate in the case of necessary dental restoration of many teeth, or major plastic surgery to revise scarring. Other companies will offer as much as $100,000 coverage for medical, which includes dental and even mental health coverage (such as for PTSD or phobic reactions).

The most important benefit of medical payments coverage is that it pays for the needed care when it matters most, i.e. soon after the injury. And, it pays for things that health insurance will not cover. It is best to buy the largest amount of medical payments coverage you can find. Dollar for dollar, it is inexpensive coverage. And rememer, it follows all the family members everywhere they go. If a child is run over while on a trip to Europe, it will pay. When a bus ran out of control and hit a house, injuring my client who was asleep in bed, it paid!

Policy Limits Vary

Another way policies are different is the available limits of coverage. Some companies offer a maximum liability limit of $100,000 per person and $300,000 per accident. Other companies will go as high as $500,000 single limit coverage. This is important to understand, since you want to protect your home and other assets against a catastrophic loss. Your own budget for living expenses is a major concern, but protecting your family assets is a big one. Consider buying the highest limits you can afford.

Protecting yourself and your family from uninsured motorists is another major concern. You should buy as much protection as you can for your family. The way insurance companies work, they will require you to buy the same amount of liability coverage (to protect others) as uninsured motorist coverage.

Additional coverage can be purchased on top of your auto policy, if you buy the highest limit, called an umbrella policy. It can be in multiples of one million dollars. Be sure to ask if it includes coverage over the UM, or uninsured motorist coverage, as most of the time it does not. But carriers will provide that extra protection for an additional premium.

After a car accident, or any accident involving a motor vehicle of any type, it is best to call a lawyer to find out your rights and possibly help you make your claim. It is always free to have a consultation and you can call 24/7. Save our toll-free number for an emergency of this type. You can even remember it: 1-800-97-LAWYER [1-800-975-2993].

2009-04-12T10:35:00.000-07:00

How A Lawyer Changed His Life

Ricky was a 50 year old man who lived with his mother in a suburb in California. He worked driving a taxi, frequently working until 2 in the morning. He would save up for a while and when he had some money saved he would take a motel room for a week and invite his girlfriend to join him for some private time.

A drunk driver seriously injured him

One night around 2 a.m. after driving many drunk customers home from the bars that were closing, Ricky pulled out from a stop sign and his car was struck broadside on his drivers door. The other car which did not have a stop sign was being driven by a 20 year old who was drunk. Ricky was thrown out of his car when his door opened and landed on the street. He suffered fractured ribs and struck his head on the ground causing a small bleed inside his head and a large blood clot (hematoma) on the outside of his head.

He was taken by ambulance to the hospital where he stayed for about a week until he was recovered enough to go home. His medical bill from the hospital was 6 figures. He had no insurnace.

Ricky was referred to a personal injury lawyer. The lawyer took the case and started an investigation. It turned out that the other driver had a minimal insurance policy of only $15,000. The lawyer knew that this meant Ricky would only get $5,000 if the case were settled for that amount. One third would be the lawyer fee, and the balance would be split between the hospital and Ricky under Medicare rules.

His lawyer went to trial against the drunk driver, then pursued a "bad faith" case against the insurance company

The lawyer told Ricky that the only chance or recovering any more money would be a long process and would depend on whether the insurance company acted in "bad faith". Ricky agreed to wait and fight, and the lawyer made a "time limited" demand to the insurance company to pay the $15,000 along with the proof of the limited policy limit by 5 p.m. on a specified date. When the time expired and the company had not responded, the lawyer filed suit against the drunk driver.

The insurance company for the drunk driver hired a defense lawyer who called Ricky's lawyer and immediately offered the policy limit of $15,000. Ricky's lawyer rejected the offer and told him it was too late, that the insurance company had its chance and blew it! After a year of litigation the lawyer took the case to trial by jury. The jury awarded over $600,000. The insurance company said they would appeal. Ricky's lawyer took steps to take the pay check from the defendant immediately. The drunk driver's insurance company then called and settled the case for $500,000.

Life changing results for the client

Ricky received a net settlement of $250,000 tax free. His lawyer had succeeded in turning a possible $5,000 recovery into one 50 times greater. Ricky took his money and moved to Reno, where he bought a 3 unit building, moved into his own apartment, and started collecting rents from the other units. He also bought himself a nice car. His life had been transformed.

The difference? Choosing the right lawyer! Not all personal injury lawyers are the same, and the results they can get for clients can vary tremendously. It is important after a serious injury accident to select a lawyer with the skills and experience to maximize the possible results.

In this case the lawyer was Clifford A. Blackman of the Blackman Legal Group in California.

If you or a loved one was seriously injured in an accident, you can call the Blackman Legal Group toll-free 24 hours a day at 1-866-528-8115

2009-04-10T21:48:00.000-07:00

How To Buy Auto Insurance

The Legal Minimum (liability and property damage only)

The laws of most states require motorists to carry a minimum amount of insurance. In California, for example, the minimum requirements for insurance are $15,000 of liability coverage to cover possible injury to others, and $5,000 of property damage insurance, to cover possible damage to other people's vehicles. The reality is that this minimum is frequently not enough to cover the losses created by a vehicle accident, whether a car accident, motorcycle accident, or other vehicular accident. In a case where a victim is sent to the hospital by ambulance, has Emergency Room treatments including X-rays, CT scans, and other emergency care by the doctors, and then has continuing medical treatments such as physical therapy or chiropratic care for a year or more, the total medical expenses suffered by that victim could easily total $25,000. If the same victim also was somebody who earned $4,000 a month, and missed 4 months of work due to the injuries, that would be another $16,000 of lost earnings. These financial losses total $41,000. In addition to the economic financial losses, the victim is entitled to compensation for pain and suffering, which in a case such as this example could easily be another $25,000 or more. In other words, the claim could have a value of $66,000. If the liability insurance limit of the driver who caused the accident and the injuries is only $15,000, then that person could be held personally responsible for the difference, which in this example would be over $50,000!

Consider the $5,000 property damage limits. If a major collision occurs and the innocent person's Mercedes or BMW is a total loss, the amount of the property damage could easily exceed $50,000 (some Mercedes Benz vehicles are worth $100,000 or more). This would leave the responsible driver who has only $5,000 in property damage coverage personally responsible for the difference, which could be $50,000 or more easily.

When purchasing a new auto insurance policy, motorcycle insurance policy, or one for another type of vehicle, it is a good idea to consider purchasing the maximum policy limits sold by the insurance company, which usually means $100,000 per person, $300,000 per accident, or higher. Some insurance companies sell policies with liability limits as high as $500,000. Budget is an issue of course, but consider the personal risk to your assets when choosing a liability limit for your policy.

Coverage to Protect Yourself and Your Loved Ones (UM and Med Pay)

Frequently car accidents happen that are the fault of another person, but that person has only a minimum policy (limits $15,000) or no insurance at all. Suppose that the damages suffered by the innocent driver are like those described above, with a probable value of the claim being $66,000. It is rare than an uninsured driver has the ability to pay anything at all to settle a claim such as this. Where would the money come from? The answer is from the Uninsured Motorist portion of the innocent person's car insurance policy. The effect of this coverage is essentially to provide the insurance coverage for the uninsured motorist. The claim would be made against the innocent policyholder's own UM coverage and the insurance company would pay. The insurance company then has the right to go after the wrongdoer to seek reimbursement for the amount they paid.

This UM coverage provides protection not only for the driver, but for all passengers in the car, and for all family members of the household of the auto owner, regardless of the vehicle they are in when injured by an uninsured motorist! It will even provide protection for all family members who live in the household for injuries suffered if an uninsured motorist hits and injures them while a pedestrian! Thus, you can see why this coverage is very important to every family.

Medical Payments Coverage is 100% coverage for reasonable and necessary medical and dental treatment needed because of injuries from a car accident. It does not matter whose fault the accident is. It will pay the cost of care for all persons in the insured vehicle up to the amount of this coverage, no matter how many passengers there are. It is a per person coverage. This is very important because passengers may have no medical or dental insurance. No health care policy will pay for replacing or repairing broken teeth from an accident (reconstructive dental work can cost well over $20,000 if several teeth are broken). The injured parties do not have to wait for a settlement either. The medical payments part of the policy pays for the treatment as it is received. When purchasing auto insurance ask what the maximum amount of medical payment coverage is and consider purchasing it. Like UM coverage, it provides coverage for all family members in the household of the auto policy holder, regardless of how or where they are when they are injured by any vehicle. Yes, even if walking down a street, a family member who is injured by a car, even a hit and run vehicle, is entitled to coverage for medical expenses under the Medical Payments Coverage.

The Most Protection You Can Buy - The Umbrella Policy

In addition to the coverage described above, a person can purchase additional insurace coverage, usually in increments of $1 million, which would apply on top of the underlying auto or motorcycle insurance. These separate policies are called Umbrella Policies. Thus, if an insured driver runs over and kills a 50 year old person who earned $100,000 per year, the lost earnings alone could total $1.5 million, assuming a 15 year work life remaining. Where would all that come from? The underlying policy limits for liability of $500,000 plus the $1 million of additional liability insurance under the umbrella insurance policy.

A trickier problem is where an uninsured motorist causes catastrophic injury to a family member who lives in the household of the auto insurance policyholder. If the UM limits are $100,000 and the wrongdoer has no insurance, where would the additional money come from to pay the claim? Some insurance companies will include UM coverage in the umbrella policy. Be aware, however, you must ask for this coverage to get it, and there may be an additional premium.

Handling Claims - Better Get A Personal Injury Lawyer

Following a serious car accident or motorcycle accident which results in injury to you or a family member, or worse, if somebody gets killed. It is extremely important to hire an experienced personal injury lawyer. The attorneys at Blackman Legal Group are ready to help. Call as soon as possible after an accident for advice and legal representation. The fees are always contingent - no recovery no fee, and no money is needed to hire the law firm. The initial consulation is free and confidential. Call toll-free 1-866-528-8115 24 hours a day. The phones are always answered.

2009-04-06T07:22:00.000-07:00

10 Tips for Accident Victims

1. Obtain immediate medical assistance.

2. Hire an experienced personal injury lawyer as soon as possible.

3. Write a detailed summary of all facts surrounding the accident. (Only give this to your lawyer.)

4. Do not give representatives of insurance companies or adjusters written statements or tape-recorded statements when asked to do so on the telephone. Have them contact your lawyer.

5. Obtain a doctor's note for all time taken off of work as a result of your accident, even if you are self-employed.

6. Save all physical evidence, and mark them with some type of identification tag. This may mean the shoes involved in a trip and fall accident, the receipt for products purchased at a store where you fell, or material or foreign objects which may have caused a fall.

7. Obtain and save the names of all witnesses and persons involved in an accident. Be sure to get the telephone number and address of the witnesses.

8. Take photos of all damages. This means damages to any motor vehicle, motorcycle, etc. Also take photos of all visible injuries. Be sure to develop these pictures immediately. If they do not come out well, retake the photographs before the physical injuries have healed.

9. Do not sign anything without the approval of your lawyer. Insurance companies and adjusters frequently request people to sign authorizations to obtain information or releases of all claims. Be sure to show these documents to your attorney before signing them.

10. Avoid gaps of time between medical treatments. Long periods of time between medical appointments may be used by the defense to argue that the later treatment is not related to the accident. Also, be sure to give each doctor you see an accurate history of all of the physical and mental problems experienced as a result of the accident.

Watch helpful videos about accident cases and advice from attorney Clifford Blackman.

It is of primary importance to secure legal representation as promptly as possible. If you have been injured in a motorcycle or car accident, or a friend or loved one has been catastrophically injured or killed in a motorcycle or car accident, contact the personal injury lawyers at Blackman Legal Group. You can call us toll-free nationwide at 1-866-528-8115 24 hours a day.

One of the most difficult parts of a client intake is to have to advise a victim that what may have been a strong case has become difficult, if not impossible to pursue, due to a failure by the victim to document details of the accident or to otherwise take practical steps in case preparation. It is part of the Injury Information Center’s mission to provide information to help victims recover from their accidents. These 10 steps are provided with that goal in mind. One overriding point is that after a car accident or motorcycle accident it is very important to get a lawyer as soon as possible so the case can be properly investigated and so you, as a victim, may receive advice about the best types of medical care to help your physical recovery. These 10 tips can help us build the strongest possible case to help a victim secure maximum medical and financial recovery. If you have been injured in a motorcycle or car accident, or a friend or loved one has been catastrophically injured or killed in a motorcycle or car accident, contact Blackman Legal Group. You can call us toll-free nationwide at 1-866-528-8115 24 hours a day.

2009-04-04T09:03:00.000-07:00

Motorcycle Accidents

Motorcycle accidents frequently have catastrophic or fatal results. Injuries to the head, back, neck and the arms and legs are most common, although helmets have reduced the number of head and brain injuries over the years.

Blackman Legal Group has experience with many types of motorcycle accidents. The cases which we handle are ones where the motorcycle driver is driving properly and some other driver's negligence results in a collision. The most common cause that we see is that other drivers either do not see the motorcycle or do not yield as they should.

Our motorcycle accident lawyers investigate the facts of the accident and the cause of the accident, frequently using accident reconstruction engineers or other experts to determine the cause. Making sure that our clients get the right type of medical care is also important, so our attorneys are involved as soon as possible in counseling clients about the medical treatment they are receiving. Sometimes we arrange for care to be given on credit, with the doctors waiting for payment until the case is settled.

Mr. Blackman, the senior trial attorney at our firm, has special understanding of motorcycle accident cases as he has been a rider for 40 years and has first hand knowledge of the risks involved in motorcycle riding.

Most of the motorcycle collisions and accidents on the road are a result of one of the following:

- Speeding - 40 percent of motorcyclists who died in crashes were speeding.
- Hazards on the road, such as large cracks, holes, and bumps
- Cars and trucks coming out of driveways and from intersecting streets
- Failure to see the motorcyclist, sometimes due to no headlights on the bike
- Inexperienced motorcycle drivers and passengers.

After a motorcycle accident, or any other accident on the highways, it is very important to get legal counsel as soon as possible so the case can be properly investigated, and so advice can be obtained about the best types of medical care to recieve. If you have been injured in a motorcycle or car accident, or a friend or loved one has been catastrophically injured or killed in a motorcycle or car accident, contact Blackman Legal Group. You can call us toll-free nationwide at 1-866-528-8115 24 hours a day.

2009-03-25T15:16:00.000-07:00

Excellent Settlement For Chinese Woman

ALAMEDA COUNTY CALIFORNIA CAR ACCIDENT SETTLEMENT: $500,000 Policy Limits

One challenging aspect of the law is that no two cases are alike.
Each presents unique challenges, but the goal remains the same:
serve the best interests of your client. The venue for this particular personal injury case was Alameda County, California, and it presented its own unique set of facts and issues.

My client was a 50 year old Asian immigrant woman who had been rear-ended while stopped and waiting for a pedestrian to cross the street.

Although there was not significant property damage to her vehicle, she immediately reported shoulder and back pain, and received extensive treatment for her neck and shoulder. After months of treatment, including an MRI and shoulder surgery for a rotator cuff injury, my client was continuing to battle severe depression caused by the accident. She felt that her life in America had been ruined, and needed both psychotherapy and treatment for post traumatic stress disorder, along with physical therapy and counseling with a licensed clinical social worker.

Her marriage suffered great strain as she went through this long period of physical pain and mental depression.

My client spoke very little English, which posed an additional challenge both in ascertaining the true nature of her ailments and in potentially presenting her case before a jury, as juries can be less sympathetic to a plaintiff who uses an interpreter. Also, she had not been working at the time of the accident.

After prolonged settlement negotiations, as well as trial preparation, the case was settled for the policy limits of $500,000 [see Our Results]. This figure represented a value of 20 years worth of earnings, which was significant in that my client was in her mid 50's. After negotiating a repayment of her medical lien, my client received a substantial, tax-free recovery which enabled her to put her life back together, including taking a trip with her husband to China to visit her family.

As noted, every case is different. This case involved effectively communicating with a client who had limited English-speaking skills so as to be able to best understand her injuries and history, and to intelligently gauge how and when to settle her case. An effective settlement strategy always includes being ready to go into court and be a zealous and effective advocate [see Firm Overview].

Providing compassionate and vigorous representation to injured people from all walks of life is what the lawyers at Blackman Legal Group do. If we can help you or a loved one who may have sustained injuries in an auto accident or other incident, please let us know. We are ready to help. The toll-free phone number is 1-866-528-8115.

2008-12-16T20:33:00.000-08:00

$1,000,000 Verdict - Fall in Market - Tried by Attorney Clifford Blackman

Slip and Fall Accidents
Case Example One

Shopper at Supermarket Injured by Delivery Contractor
Tried by Mr. Blackman

The term “slip and fall” generally refers to situations where a person is injured by slipping, or tripping, and falling due to a dangerous condition on a property. Such falls can happen inside or outside a building, and be caused by any of a number of conditions, including wet floors, poor lighting, structural defects, or hidden hazards. Falls are known to cause catastrophic injuries such as a fractured hip, broken back and head injury.

This particular case is an example of a fall being caused by the negligence of a third party conducting business on the premises. It also illustrates how unique legal and medical issues can arise when an injured party is elderly. The Blackman Legal Group client, an independent, 87 year-old woman, was seriously injured while shopping at Safeway. The incident occurred when an employee of a beverage distributor, who was delivering and shelving products in the aisles of the store, pushed his large load of products around a corner, striking our client and knocking her to the ground. As a result of the fall, our client fractured her hip.

Liability was not an issue at trial, but the amount of her future medical expenses and her general damages for pain and suffering were. Because of our client’s age and the issues which were before the jury, we retained a medical expert specializing in geriatric care. In this case against one of San Francisco’s pre-eminent defense firms, the jury awarded a total of one million dollars for our client. Past medical expenses paid by Medicare were added by stipulation.

As mentioned, cases involving injuries to elderly people can involve unique medical issues. In this particular case, medical illustrations were created for the trial to be an accurate demonstration of the fractures suffered by our client and the manner in which the surgery was done to repair the severe fractures, including the hardware and screws that were used. These images were used during the testimony of the surgeon to help the jury fully understand the serious nature of the injury and the required surgery.

These medical illustrations may be viewed here:

The Blackman Legal Group has extensive experience with claims related to serious injuries as the result of a slip and fall accidents. If you or a family member has been seriously injured in a fall or other accident on someone else’s property, you may have a claim. Feel free to contact us for assistance and advice.

2008-12-08T19:38:00.000-08:00

Deck Collapse In Montana - Tried by Attorney Clifford Blackman

Structural Defects: Case Example Two

The following case is illustrative of the law relating to collapsed structures as well as the challenges of securing compensation for injured parties. The Blackman Legal Group was hired by a young woman who was seriously injured in Polson, Montana, when a deck at a restaurant and casino where she was a guest collapsed with 75 people on it. Mr. Blackman associated a law firm in Montana, where this tragic accident occurred, to assist in representing his client in the trial arising out of this structural defect accident.
On July 30, 2004, a wood deck collapsed suddenly under the weight of a party crowd at the Diamond Horseshoe Casino in Polson, Montana, injuring dozens of people and sending four with life-threatening injuries to hospitals by helicopter. The incident was reported on CNN and received extensive local coverage. Investigations ultimately traced the collapse to a failure of the connection point between the deck and the building.
After a three-day trial, a 10-woman, two-man jury found the owner of the property liable for negligence and awarded our client $750,000 as compensation for her injuries, which included a broken pelvis, a lower back injury and a dislocated and broken elbow, and for her future medical expenses. In my closing statement, I explained to the jury that my client’s injuries were life shattering, especially since she had been active in snowmobiling, swimming, hunting and snowboarding, and that these injuries were especially hard on her because she was a single mother.
Liability was hotly contested by the property owner. Pieces of the actual deck were used as exhibits to demonstrate that the owner should have known, and done something to correct, this structural defect. The judge gave the jury over two dozen different instructions. Based on the evidence, testimony and arguments, the jury concluded that the situation was both foreseeable and preventable.
The law is that an owner has a duty to inspect for unsafe concealed conditions, and that property owners have a duty to keep their property safe. Liability in structural defect cases may be vigorously contested as can the extent of injuries suffered from the accident. Success depends on thorough investigation and trial preparation, effective use of expert witnesses, understanding the medical issues involved and communicating to the jury the true impact which the owner’s negligence has had on your client.
No matter how complex the issues involved in your personal injury claim, the lawyers at Blackman Legal Group know what to do, and we understand the legal and emotional aspects of a personal injury. Please contact us if we may be of service to you.

2008-12-08T13:27:00.000-08:00

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Deck Collapse Cases

2008-12-07T16:42:00.000-08:00

Structural Defects - Deck Collapse

This case relates to the law relative to collapsed structures.

The client was a tenant who was renting a house in Discovery Bay. The house had a second story wooden deck. Over the years wood decay developed until one day a board gave way and our client fell through the deck approximately seven feet landing on a hot tub below. The law is that a landlord has a duty to inspect for unsafe concealed conditions. A landlord is to perform an inspection at the inception of the rental and at each renewal of the lease. The client had yearly renewals, the last being approximately three months before the incident. The landlords failed to inspect for unsafe concealed conditions and never inspected when the yearly lease was renewed.

The client had arthroscopic surgery on his right shoulder. Other injuries included his left wrist and low back. He was a cabinet maker whose ability to work was intermittently interrupted by his injuries until finally he was unable to continue. The landlord had an insurance policy of $300,000 and the case settled in mediation for $500,000.

Remember, property owners have a duty to keep their property safe. When a building has a structural defect that causes an accident, the San Francisco personal injury lawyers at Blackman Legal Group can help. Other cases relating to structural defects may include:

Deck Collapse
Ceiling Collapse
Defective Staircases or Steps
Dangerous Conditions
Claims against Contractors and Subcontractors

Law Firm That Handles Deck Collapses and Premises Liability Cases

Blackman Legal Group is a leading California personal injury law firm with a reputation for thorough, creative and aggressive representation and advocacy. Our focus is on claims and lawsuits that involve life-changing and serious injuries, from motor vehicle accident and wrongful death claims to traumatic brain injury and nursing home abuse cases.
People who have sustained injuries often find themselves wondering whether or not they may have a right to make a claim against the persons or entities responsible for causing their injuries. Cases may involve unique legal issues, including finding responsible parties with insurance coverage relating to accidents. View our videos on YouTube.
Hopefully, this Blog can serve as a resource for people who may have been hurt in an accident. It will provide useful information and answer some of the basic questions, such as
When is the best time to hire a lawyer?
How long will my case last?
What kinds of expenses are involved in my case, aside from lawyer fees?
Do I have to put up the money?
How do the lawyers get paid?
My relative is paralyzed after a serious accident, what can I do to get her lawsuit started for her?
How to keep a diary and do immediate investigation.
It will also discuss real-world cases which Blackman Legal Group has handled, and the interesting legal issues encountered in representing thier clients in a wide range of cases.
Claims due to serious personal injury may arise in many ways, including:
Car Accidents
Elder Abuse
Nursing Home Abuse
Sexual Assault/Molestation
Catastrophic Personal Injuries
Airplane Crashes
Aviation Accidents
Motor Vehicle Accidents
Auto Accidents
SUV Accidents
Truck Accidents
Motorcycle Accidents
Pedestrian Accidents
Bicycle Accidents
Premises Liability
Slip and Fall Accidents
Construction Accidents
Swimming Pool Accidents
Amusement Park Accidents
Structural Defects
Elevator Accidents
Defective Products
Product Liablility
Nursing Home Negligence
Discrimination
Racial Discrimination
Employment Discrimination
Age Discrimination
Sexual Harassment
Burn Injuries
Wrongful Death Cases
Mass Disasters
Train Accidents Injured Travelers