San Francisco Injury Lawyer Blog

Even though the criminal civil court systems are completely separate, there may still be some overlap in certain cases. For example, a person facing a criminal case for murder could also be sued by the victim’s family for wrongful death. The evidence that is used in the criminal case may be used in the civil case, and vice versa. However, just because someone is found not guilty in criminal court does not mean that they will be free from liability in a civil court. The two courts differ because of the degree of proof that they require—criminal court requires that the jury or judge finds the defendant guilty beyond a reasonable doubt, and the civil court only depends on whether the court finds that there is liability with a preponderance of evidence (over 50%).

On February 2, 2010, Joshua West was killed as he rode his bicycle through the intersection of Lark Avenue and Garden Hill Drive in Los Gatos. The SUV driver was Kevin Derr, who allegedly sped through the intersection and lost control. Witnesses have told police that they watched as Derr sped into the right turn lane, went up onto the sidewalk and hit West, then continued through the intersection where he hit the base of a traffic light. After investigating the accident, police determined that Derr’s driving was grossly negligent because of the weather conditions and the fact that he did not intend to make a right hand turn.

Derr was injured and taken to a hospital; West was the single father to a 7 year old girl. Derr now faces charges of vehicular manslaughter, and may also face a civil lawsuit by West’s daughter and other family members. Even though West’s daughter is still a minor, she can still file the lawsuit, likely through a legal guardian or a family member. If you have been in a similar situation in which you were injured in a car accident, or you had a family member killed by a motor vehicle, then you should call the lawyers of Greenberg & Rudman LLP for a free consultation of your case. We work on a contingency fee basis, which means that you do not pay costs or fees unless we win the case for you. You can reach us now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation. Go to www.alawpro.com to read more.

Want to learn more about civil and criminal courts? Then go to Part 1: OVERVIEW OF COURT SYSTEM AND PROCESS—CONSULT WITH SAN FRANCISCO CIVIL PERSONAL INJURY LAWYER (Part 1 of 2)

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , MOTOR VEHICLE ACCIDENT , WRONGFUL DEATH

Bookmark:

There are many different court systems in the United States. One of the main differences is whether the court is located in the federal or the state system. A large percentage of lawsuits and criminal cases are located in the state system, but the federal system deals with a large number of cases as well. The case may end up in federal court if the parties are located in different states, if the injury occurred across state lines, or if federal laws were broken. These are only a few of the possibilities in reaching a conclusion on which court system a case should be in.

Within the state system, there are several different types of courts—civil, criminal, family, probate and juvenile. There may also be municipal or administrative courts that deal with citations or smaller issues. Probate court handles legal issues after people have passed away, for example, wills and trusts. Juvenile courts deal with minors and their criminal or abuse issues. Criminal courts address criminal matters, both misdemeanor and felony types. Civil court is one of the largest divisions, and handles cases ranging from personal injury to contractual disputes to constitutional violations. These cases may be decided by a jury or just a judge. The parties in civil cases are usually two private parties and sometimes involve a government entity (like in constitutional violation cases).

Filing a lawsuit in a civil court can be incredibly daunting because of the different rules and paperwork that is involved. Hiring an attorney to be on your side may be your best chance at success. Experienced attorneys will know deadlines to filing documents, the court process and how to gather evidence. The lawyers of Greenberg & Rudman LLP have over 50 years of combined experience and may be able to help you in your personal injury case. We handle different types of personal injury claims, including car accidents, wrongful death and elder abuse. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation of your case. Check out our website, www.alawpro.com, where you can read profiles on our attorneys and information about the different types of lawsuits that we handle.

Do you want to learn more about civil and criminal courts? Then go to Part 2: LOS GATOS DRIVER ARRESTED FOR DEATH OF BICYCLIST, AND COULD BE RESPONSIBLE TO FAMILY OF VICTIM IN CIVIL CASE (Part 2 of 2)

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , ELDER ABUSE , WRONGFUL DEATH

Bookmark:

Thousands of workers died each year in employment related injuries. These injuries and deaths can occur in a variety of workplaces, including construction, agriculture, and roadway repair. The National Institute for Occupational Safety and Health has issued statistics on job safety and work related injuries and illness, which has found that:

• More than 5,400 workers died from an occupational injury in 2007 and over four million suffered injuries;
• Over 9,000 workers are treated in emergency rooms each year;
• In 2006, approximately 23,100 children and adolescents were injured on farms, and about 20% was from working on the farms;
• Between 1992 and 2007, about 8,088 farmers and farm workers died from work related injuries, with the leading cause of death to be tractor overturns;
• In 2007 in the construction industry, there were 1,178 fatal work injuries, which is the most of any sector;
• Construction workers suffered from over 135,000 injuries, and 35% of those incidents occurred from contact with objects and equipment;
• Between 1995 and 2002, there were 844 highway workers killed on road construction sites, which is the most frequent type of fatal workplace event.

Have you been injured on the job, or have a family member who has been killed during his/her employment? You may be entitled to compensation, but you need to call an experienced attorney first. The lawyers of Greenberg & Rudman LLP have over 50 years of combined experience, and may be able to help you in your case. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for your free consultation. We work on a contingency fee basis, which means that you do not pay fees or costs unless we win the case for you. Go to www.alawpro.com to read more about these types of accidents and the injuries that may result, like brain and spinal cord injuries.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: BRAIN & SPINAL CORD INJURY , PREMISES LIABILITY , SLIP & FALL , WRONGFUL DEATH

Bookmark:

Most young children spend their time running around, expending their energy, while their parents may be worried about playground injuries or about whether they are playing too close to a busy street. But who would have thought that children’s clothes could be causing injuries, and even death? Unfortunately, the way to find out that certain clothes are unsafe for children is actually after a child has been harmed or killed. Do you believe that your child was injured or killed because of the negligence of someone else? Then call the attorneys of Greenberg & Rudman LLP for a free consultation of your case at 1-800-252-9776 (1-800-ALAWPRO).

In December, 2009, Sunsations, Inc. and the Consumer Product Safety Commission issued a recall of children’s drawstring hoodies because of the threat of serious injury that the sweatshirts posed. The sweatshirts that are being recalled are those with hoods and drawstrings. Those drawstrings pose a strangulation hazard if they are caught in playground equipment or other objects. In the late 1990s, the CPSC actually issued guideline instructions for the removal of these drawstrings from children’s clothing, both from the hood and from the waist. The guidelines urge parents to use alternatives to drawstrings, such as buttons, or Velcro.

The recall is for over 12,000 children’s hooded sweatshirts—they can be returned to the manufacturer, Sunsations, Inc. for a full refund, or parents can remove the drawstrings from the sweatshirts. Your case is important to us. The law firm of Greenberg & Rudman LLP is committed to obtaining compensation for victims injured by the negligence of others. We do not have the power to undo an injury or bring back a loved one, but we can help you seek compensation. Please pick up the phone and call us at 1-800-252-9776 (1-800-ALAWPRO) to learn about your rights. You can also go to www.alawpro.com to read more about our law firm and the different types of personal injury cases that we handle.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: PRODUCT LIABILITY , WRONGFUL DEATH

Bookmark:

Pinole is part of Contra Costa County and is home to about 20,000 residents. It is considered to be a bedroom community of the surrounding large cities, like San Francisco, Oakland and San Jose. The city was incorporated in 1903 and quickly expanded when the Southern Pacific Railroad was built. Some notable residents from Pinole are Billie Joe Armstrong and Mike Dirnt from the band Green Day and Gino Torretta, a Heisman Trophy winner. Pinole offers its residents enjoyment of East Bay Improv and the Pinole Community Players, two performance groups in the area.

Have you been involved in a car accident in Pinole, are now injured and can’t return to work? The lawyers of Greenberg & Rudman LLP might be able to help you in your case. We can’t undo an injury or bring back a loved one, but we may be able to help obtain compensation for your injuries or for property damage. Call one of our experienced attorneys now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation, or visit our website www.alawpro.com for more information.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , WRONGFUL DEATH

Bookmark:

There are many hazardous and dangerous professions, including construction and other jobs involving large vehicles and equipment. Although there might be safety precautions put in place, accidents still may occur because of equipment malfunction or human error. Employees who are injured during work may be entitled to worker’s compensation for their injuries, but if they file for worker’s compensation, they may not be able to file third party personal injury lawsuits against their employers. If you are unsure about whether you have a legal cause of action, then you should contact the lawyers of Greenberg & Rudman LLP for a free consultation of your case at 1-800-252-9776 (1-800-ALAWPRO).

In Cotati on December 21, 2009, Vicente Zaragoza was killed by a front loaded at the Sonoma County dump. He was employed by Sonoma Compost and had worked there 10 years this month. Zaragoza was wearing a safety vest and hat and was sorting through plastics and metal from a pile when he was run over by a front loader while it was backing up. The front loader generally emits a beeping sound when it backs up—Cal/OSHA will be investigating the incident and the equipment for the next couple of months. The driver stated that he simply did not see Zaragoza because he was in a blind spot. In an unrelated accident on December 22, Jose Villaneuva was struck and killed by a dump truck in Redwood City. The accident happened around Marine Parkway and Twin Dolphin Drive when Villaneuva was helping the truck driver back up.

The incident is still under investigation and the cause of the accident is still unknown. Villaneuva was taken to a local hospital and pronounced dead. These accidents are very unfortunate and not only affect the victims’ families but also the other employees. If the investigations show that there was equipment malfunction or if there was negligence, then the victims’ families may be able to pursue a lawsuit to be compensated for their injuries. Greenberg & Rudman LLP represents people who have been seriously injured as well as the families of those who have been killed under wrongful death circumstances. We have won over $150 million for our clients in verdicts and settlements. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation. Go to www.alawpro.com to read more on construction accidents and personal injury lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: PREMISES LIABILITY , TRUCKING ACCIDENT , WRONGFUL DEATH

Bookmark:

Did you know that driving under the influence of alcohol could be considered to be negligent behavior, and if someone causes injuries to you in a car accident, they could be responsible for your injuries? With New Year’s Eve around the corner, police will have DUI checkpoints placed all around the Bay Area, but that doesn’t mean that all DUI drivers will be caught, and it certainly doesn’t mean that they couldn’t cause damage on the roadway before being caught. The lawyers of Greenberg & Rudman LLP may be able to help you in your situation, so call us now at 1-800-252-9776 (1-800-ALAWPRO).

According to the California Highway Patrol, 12 people have already died in accidents over the Christmas holiday weekend. Approximately half of those victims were not wearing seatbelts. The CHP also reports that drunk driving arrests are up to 549 this year, as compared to 409 in 2008. Drinking and driving can be considered to be negligent behavior in a court of law because a reasonable person in that drunk driver’s position would likely understand that it is not safe to get behind the wheel of a car while under the influence of alcohol. If the drunk driver is found liable, then he could face significant damages to the victim or the victim’s family.

The damages that the drunk driver could face include property damages to the victim’s car, or other belongings, medical bills, and even wrongful death damages. The lawyers of Greenberg & Rudman LLP have had over 50 years of combined experience and may be able to help you in your case. We work on a contingency fee basis, which means that you do not pay us a penny unless we win the case for you. You can reach us now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation with one of our experienced attorneys, or visit our website www.alawpro.com for more information on personal injury lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , WRONGFUL DEATH

Bookmark:

Located in the San Francisco Peninsula and part of Santa Clara County, Los Altos is populated with 27,693 people. The city was originally an agricultural town, but has now become one of the most affluent communities in the United States. The busiest roads in Los Altos are Foothill Expressway and El Camino Real, which cater to the city’s business and commercial needs. Interestingly, business and commercial zones are limited only to that area—the rest of the city is residential zone only.

Los Altos has grown significantly in the last few decades and continues to flourish as one of the Bay Area’s prime areas to live. Do you need a personal injury attorney in Los Altos because of an injury that you suffered? Then you should give the attorneys of Greenberg & Rudman LLP a call for a free consultation of your case. Our firm covers various forms of personal injury law, including, but not limited to, car accidents, wrongful death claims, elder abuse and slip and fall accidents. So pick up the phone and call us now at 1-800-252-9776 (1-800-ALAWPRO) to speak to a knowledgeable attorney about your case. Or, you can check out our website, www.alawpro.com to read more about our firm.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , ELDER ABUSE , SLIP & FALL , WRONGFUL DEATH

Bookmark:

It is a common misconception that just because someone injures you, you will be able to win a lawsuit against them. There are many legal standards that you would have to meet before you are able to succeed in a lawsuit, and it may be very hard if you don’t have an experienced attorney on your side. Personal injury lawsuits can be divided into two major sections: intentional and negligent. Intentional torts are lawsuits in which the wrongdoer intended to do what he did, and it caused injury. Prime examples of these types of lawsuits are assault and battery (which differs from the criminal version) and intentional infliction of emotional distress.

Negligent torts are more common because they include incidents that are not intentional, and may include a greater variety of incidents. In order to win a negligence lawsuit, the plaintiff (the person bringing the lawsuit) must meet six elements: duty, standard of care, breach of duty, cause in fact, proximate cause and damages. Under duty, the defendant must have an obligation to the plaintiff to conform to a certain standard of conduct. For example, there is no general duty to act, and particularly if the state (like California) does not have a Good Samaritan Law. So, people are not legally bound to stop by the side of the road to help someone who has been injured. Similarly, the person injured will not be able to win a lawsuit against people who have passed them on the road, but who did not cause the injury.

Under the element of duty, there are specific individuals who have a duty to you. For instance, your doctor would have a duty to treat your injuries, or at the very least keep you informed of your condition. There are additional professionals who also owe a duty to their clients. The law firm of Greenberg & Rudman LLP has won over $150 million in verdicts and settlements for their clients. We may be able to help you in your case, so don’t go into a lawsuit alone. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free and confidential consultation of your case. Go to www.alawpro.com to read more about the different settlements and verdicts that we have won for our clients.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , MEDICAL MALPRACTICE , WRONGFUL DEATH

Bookmark:

As part of Santa Clara County, Los Gatos has a population of 28,592 people. It is located near the foothills of the Santa Cruz Mountains and is considered to be a very upscale bedroom community. Most of the homes there are upwards of one million dollars and the Los Gatos downtown area has many upscale boutiques and restaurants. Los Gatos is a popular place to live for many Silicon Valley or San Francisco employees because it provides a quieter suburban area from the larger cities.

Personal injury lawsuits can vary—they can include wrongful death claims that occur from different incidents, brain and spinal cord injuries and even burn injuries. Have you been injured and want to be compensated for your injuries? The law firm Greenberg & Rudman LLP may be able to help you find out your rights in your situation. You can contact us now at 1-800-252-9776 (1-800-ALAWPRO) to talk to one of our knowledgeable attorneys. Please go to www.alawpro.com to read more about the different types of personal injury lawsuits that our office handles.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: BRAIN & SPINAL CORD INJURY , BURN INJURY , WRONGFUL DEATH

Bookmark:

Burn injuries are not only caused by fire, but can be caused by electricity, chemicals, light, radiation or friction. These burns can affect the muscle, bone and nerves, and the injuries may scar the person physically and emotionally. Burns can be classified by different degrees, with first degree burns being the least serious and fourth degree burns being the most serious, and potentially threatening the life of the victim. If you have been injured in a burn accident, then you need to call the attorneys of Greenberg & Rudman LLP now for a free consultation at 1-800-252-9776 (1-800-ALAWPRO).

First degree burns generally only affect the epidermis, and includes redness and slight pain to the area. Second degree burns affect the dermis and may cause blistering of the skin or nerve damage. Third degree burns damage the epidermis and subcutaneous tissue. Third degree burn victims may require skin grafting and may suffer loss of hair shafts. Fourth degree burns include damaged muscles, tendons and ligament tissue and may result in permanent damage to the hypodermis tissue. Many of these injuries are caused by cooking or scalding hot water, but some may be caused by house fires. When there is a fire involved, then doctors would likely treat the victim for smoke inhalation and possibly burn injury to the lungs.

Personal injury lawsuits require some element of negligence or recklessness by the wrongdoer. This kind of negligence can include improper maintenance by a landlord of your fireplace or electrical system. To learn about your rights and whether you have a personal injury case, you should call the experienced attorneys of Greenberg & Rudman LLP for a free consultation. You can reach us at 1-800-252-9776 (1-800-ALAWPRO) to speak to a knowledgeable lawyer. Visit www.alawpro.com for more information on burn injuries.

Want to know more about burn injuries? Then go to Part 1: FIRE DEATHS MOST LIKELY IN HOMES—CONTACT SANTA ROSA PERSONAL INJURY ATTORNEYS FOR YOUR FIRE RELATED INJURIES (Part 1 of 2)

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: BURN INJURY , WRONGFUL DEATH

Bookmark:

As the cold winter and the holiday season rolls around, more and more families are lighting their fireplaces and enjoying the fire. However, fire, whether intentional or unintentional, pose significant dangers to children and adults alike. According to a report by the Centers for Disease Control and Prevention:

• Deaths from fire and burns are the fifth most common cause of death in the United States;
• In 2008, someone died in a fire every 158 minutes, on average and someone was injured by fire every 31 minutes;
• Four out of five fire deaths happened in homes;
• In 2008, there were 403,000 house fires, 2,755 deaths and 13,560 injuries;
• Many victims of fires do not die from burns, but rather from smoke inhalation or toxic gases;
• The groups that are most at risk are children four and under, senior citizens, people living in rural areas and people living in manufactured homes or substandard housing;
• Almost half of the home fires happen in homes without fire alarms;
• Most house fires happen in the winter months;
• About 40% of residential fire deaths happen as a result of alcohol use;
• Smoking is the leading cause of fire-related deaths.

Have you or a member of your family been injured or killed as a result of a fire and because of someone else’s negligence? If so, then you and your family may be entitled to compensatory damages for your injuries. Call the attorneys of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for your free consultation with one of our knowledgeable attorneys. We work on a contingency fee basis, which means that you do not pay costs or fees unless we win the case for you. Check us out at www.alawpro.com for more information on personal injury law and related injuries.

Would you like to know more about burn injuries? Then go to Part 2: BURNS CAN BE CREATED BY SEVERAL DIFFERENT FORMS—DO YOU HAVE BURN INJURIES AND WANT TO BE COMPENSATED? CALL SAN JOSE FIRM GREENBERG & RUDMAN LLP FOR FREE CONSULT (Part 2 of 2)

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: BURN INJURY , WRONGFUL DEATH

Bookmark:

Although places like the playground and swimming pools are great for entertaining children and adults alike, they still have tremendous risk and danger involved. Children can easily drown in swimming pools if they are not properly supervised, or if they are not taught about safety precautions around the pool. It may seem as though playgrounds only pose a limited amount of danger, like falling from the monkey bars or the swings, there are a lot of hidden dangers that parents don’t think about. For example, children can fall down a slide and sustain brain injuries.

A Vallejo boy was pulled from the water in Contra Loma Regional Park near Antioch on September 27, 2009. The boy, Brian Vargas, had arrived at the park with his family and immediately went into the water. Seconds later, the lifeguards found him floating in the water. They made attempts to revive him but he later died at the hospital. According to the Centers for Disease Control and Prevention, there are approximately 3,582 fatal unintentional drowning each year. More than one in four of these fatalities are children under the age of 14. Males are also four times more likely to drown than females.

In order to be successful in a personal injury lawsuit involving swimming pools, the person who sustained the damage (or his family if he passed away as a result of the accident) will have to show that the person who owns the pool was negligent in some way. For example, the owner failed to put warning signs around the pool, or improperly maintained life guards on the premises. In order to find out if you can recover for your situation, call Greenberg & Rudman LLP now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation. Visit www.alawpro.com to find out more about other personal injury lawsuits.

Would you like to know more about swimming pool and playground accidents? Then go to Part 2: GIRL AND FAMILY SETTLE FOR $2.2 MILLION IN PLAYGROUND CHOKING ACCIDENT—CALL SAN FRANCISCO PREMISES LIABILITY AND PRODUCT LIABILITY ATTORNEYS NOW (Part 2 of 2)

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: PREMISES LIABILITY , WRONGFUL DEATH

Bookmark:

Even if a person is convicted or acquitted (found not guilty) in criminal court of committing a certain crime, it does not mean that he is completely free from liability in a civil court. He may be sued by the victim, or the family of that victim for damages that the victim suffered. For example, in a murder case, even if the convicted defendant was found not guilty of all the charges, the victim’s family can still sue him for wrongful death in civil court without having to worry about double jeopardy.

In Fayette County, Kentucky on September 30, 2009, a jury awarded $55.9 million to the family of Christina Wittich for her murder in 2005. The award was broken down to $53 million in punitive damages, $1 million for pain and suffering and $1.9 million for lost wages. The verdict was against Michael J. Flick, an optometrist in the area. The incident arose because Flick was involved in a business disagreement with Wittich’s boyfriend, Randall Lambirth, who suffered a shot in the arm. Flick was convicted of intentional murder, first degree burglary and assault under extreme emotional disturbance and received a life sentence.

Even though we may not be able to bring back your family member or undo your injury, we can help you seek compensation for your injuries. The attorneys of Greenberg & Rudman LLP have won over $150 million in verdicts and settlements for our clients. We represent people who have been seriously injured as well as the families of those who have been killed under wrongful death circumstances. Give us a call at 1-800-252-9776 (1-800-ALAWPRO) for a free and confidential consultation of your case. Please visit us at www.alawpro.com for details on the verdicts and settlements we have won.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WRONGFUL DEATH

Bookmark:

There are certain occupations that are exposed to a greater risk of injury and death than others. For example, those in construction, people working with hazardous materials and other such occupations may be more likely to be injured on their work site than those working in an office, or in a low hazard zone. Depending on the cause of the injury and who was at fault in the incident, workers who are injured on their jobsite may be entitled to compensation for their injuries. They may be able to seek out worker’s compensation through the government, or directly sue their employers in a civil lawsuit.

The family of Francisco Moreno Garcia won a judgment of $6.75 million against Archer Daniels Midland Co. on September 16, 2009 in Illinois. The incident happened in March of 2007 when Garcia was insulating pipes at one of ADM’s facilities. Garcia was facwhen a machine malfunctioned and hit him with steam and hot liquid. Garcia was pulled to the safety tower; he was so badly burned that his skin was coming off in strips. He later died at the hospital—it is reported that over 90 percent of his body was burned.

Premises liability and wrongful death lawsuits are very complex and require the knowledge of an experienced attorney. The attorneys of Greenberg & Rudman LLP have had over 50 years of combined experience. We have won over $150 million in verdicts and settlements for our clients over the years. Call us now, toll free, at 1-800-252-9776 (1-800-ALAWPRO) for your free consultation of your case. Please visit our website, www.alawpro.com to find out more about premises liability and wrongful death lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: PREMISES LIABILITY , WRONGFUL DEATH

Bookmark:

Caltrain, Amtrak and Bay Area Rapid Transit (BART) all provide Bay Area residents with efficient public transportation. However, as many people know, just getting into a motor vehicle means that you are exposing yourself to a certain level of danger. Although the number of people who are injured or killed by the trains is still relatively low compared to the number of people who take the trains, it is still heartbreaking to hear reports of fatalities on the train tracks. Have you or a loved one been injured by a train in the Bay Area? Then you should call Greenberg & Rudman LLP now at 1-800-252-9776 (1-800-ALAWPRO) for your free consultation, or visit our website www.alawpro.com for more information.

In Redwood City on September 15, 2009, a man in his Honda was pronounced dead at the scene after he was struck by Caltrain. The incident happened around 5 p.m. when a San Carlos fire truck was traveling on El Camino Real to a structure fire. The traffic on the road had stopped to make way for the fire truck. Unfortunately, the driver of the Honda pulled onto the railroad tracks and was trapped by other cars when the guard rails lowered. The Caltrain was traveling at 75 miles an hour when it struck the car; the vehicle was destroyed and the victim was pronounced dead at the scene.

Caltrain officials have warned drivers to use extreme caution when stopping for emergency vehicles and to make sure that drivers never stop on railroad tracks. Personal injury lawsuits focus on the wrongdoing of a certain party. Each case depends on its special set of circumstances, so call the attorneys of Greenberg & Rudman LLP now for a free consultation of your case. You can reach us at 1-800-252-9776 (1-800-ALAWPRO). We work on a contingency fee basis, which means that you will not pay any costs or fees unless we win the case for you. Go to www.alawpro.com to read more about train accidents and wrongful death lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: TRAIN ACCIDENTS , WRONGFUL DEATH

Bookmark:

Located east of the San Francisco Bay, Walnut Creek is in Contra Costa County and has a population of 65,384 people. Walnut Creek has many arts and culture centers, like the California Symphony, Center Repertory Company, Clay Arts Guild and Civic Arts Program. Walnut Creek is serviced by its own BART station and is within driving distance to San Francisco, Oakland and Berkeley.

Have you or a family member been injured in Walnut Creek? If so, you should contact the law firm of Greenberg & Rudman LLP for a free consultation on your case. We handle personal injury cases ranging from motorcycle accidents to wrongful death cases to elder abuse. Please call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation of your case. We have won over $150 million in verdicts and settlements and are here to help our clients. Our website, www.alawpro.com, can provide you with more information on the different areas of law that we practice.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: ELDER ABUSE , MOTOR VEHICLE ACCIDENT , WRONGFUL DEATH

Bookmark:

Located in Contra Costa County, Richmond is in the eastern part of the San Francisco Bay Area. The city has a population of 102,186 people and is the 56th largest city in the state. Richmond was originally inhabited by the Ohlone Native American tribe and was named by Edmund Randolph, who was originally from Richmond, Virginia. Richmond is not only home to many commuters to the San Francisco Bay Area, but a variety of wildlife, including Harbor Seals, Canada Geese and mountain lions in the Wildcat Canyon and Point Pinole Regional Shoreline.

For people commuting to and from the rest of the San Francisco Bay Area, the roads may pose a danger, particularly in peak traffic times. Car accidents may result in minor injuries, but may also result in fatalities or serious injuries. Being injured and not be able to provide for your family financially is a devastating thing. We may be able to help improve your situation. Give the attorneys of Greenberg & Rudman LLP a call now at 1-800-252-9776 (1-800-ALAWPRO) for your free and confidential consultation. Check us out on www.alawpro.com for more information on car accidents.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , WRONGFUL DEATH

Bookmark:

Within driving distance to Burlingame, Foster City, Belmont and San Francisco, San Mateo is a suburb in San Mateo County. It has a population of 92,256 people. There are many large corporations that are run out of San Mateo, including Keynote Systems, Net Suite and Franklin Templeton Investments. San Mateo is serviced by SamTrans, AC Transit and Caltrain. There are many well known areas in San Mateo, some of which are the Coyote Point Park, Coyote Point Museum and the San Mateo Performing Arts Center, which is one of the largest theaters on the peninsula aside from San Francisco.

Personal injury lawsuits span a wide variety of incidents, including car accidents, brain and spinal cord injuries and wrongful death. If you would like to find out your rights in a particular situation, call the attorneys at Greenberg & Rudman LLP right away for a free consultation. We can be reached at 1-800-252-9776 (1-800-ALAWPRO). Our attorneys have over 50 years of combined experience and have won over $150 million in verdicts and settlements for our clients. Visit our website, www.alawpro.com to read more about personal injury lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: BRAIN & SPINAL CORD INJURY , CAR ACCIDENT , WRONGFUL DEATH

Bookmark:

Located just north of the Golden Gate Bridge and part of Marin County, Belvedere is one of the highest income cities in the United States. It only has a population of 2,125 people, but its per-capita income was $113,595 in 2000. It is located near Tiburon and Sausalito and is within driving distance to Richmond, Berkeley and Santa Rosa. Housing costs in Belvedere are extremely high and there are several restrictions enforced by the city regarding house design and property use. There are also no restaurants or stores allowed in the city.

Wrongful death lawsuits may be brought about by the family of a victim who died because of someone else’s negligence. These types of cases do not involve cases where the wrongdoer purposely hurt the victim—those cases would be reserved for the criminal courts. Civil wrongful death lawsuits allow the family members to obtain compensation for their loss, whether it is in the form of wages that the victim would have earned, property damages or even pain and suffering. If you would like to know more information on wrongful death lawsuits, go to www.alawpro.com. And if you have a case you would like to discuss with an experienced attorney, contact Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WRONGFUL DEATH

Bookmark:

Electrocution can cause severe burns, neurological effects and even death. Electrocution may occur through live wires and may enter through a person’s skin or other parts of the body, or it may enter directly to the heart tissue. In 1995, there were approximately 560 deaths as a result of electric shock, and the number of electrocutions related to consumer products was approximately 230 deaths. Small appliances were the leading cause of electrocutions, accounting for 17%. Negligence for electrocution deaths may be attributable to power companies or to manufacturers of appliances if there is a defect in the product. In order to determine if you have a lawsuit on your hands, contact the attorneys at Greenberg & Rudman LLP now for a free consultation at 1-800-252-9776 (1-800-ALAWPRO).

On June 12, 2009, a Darlington County jury in South Carolina awarded the family of Allen Toney $9 million in a verdict against Progress Energy. The family filed a wrongful death lawsuit against Progress Energy for an incident that occurred on May 2, 2003. There was a storm in the area, which affected and knocked down some power lines near Toney’s home. One of the power lines came down into Toney’s driveway, where he tried to move it when he returned home. Toney passed away due to cardiac arrhythmia from his burn and electric injuries. The jury found that Progress Energy was responsible for the death because they were negligent in responding to the multiple inspection notifications of the downed power lines.

Losing a family member is an incredibly hard process, and the attorneys at Greenberg & Rudman LLP can help you obtain compensation for your injuries. The amount that you may claim varies from state to state and in different areas, so it would be best for you to speak to an experienced attorney right away. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free and confidential consultation. We work on a contingency fee basis, which means that we will take your case and you do not have to front the costs. You do not pay unless we win the case for you. Visit our website, www.alawpro.com to read more about electrocution and wrongful death lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: BURN INJURY , WRONGFUL DEATH

Bookmark:

Train accidents can be deadly, and sometimes cannot be prevented. Often times, the conductor may fail to see the vehicle or person on the tracks, or sees them too late to hit the brakes. Other times, trespassers or pedestrians may cross the tracks in an attempt to get to the other side before the train reaches them, but are unsuccessful. There were five fatal accidents occurring in the Bay Area between Wednesday, June 3, 2009 and Saturday, June 6, 2009 involving Caltrain and Amtrack trains. If you have been injured by a train, you need to contact Greenberg & Rudman LLP immediately for a free consultation at 1-800-252-9776 (1-800-ALAWPRO).

On Wednesday, a seventeen year old girl, Sonya Raymakers from Gunn High School in Palo Alto was fatally struck at the East Meadow Drive crossing. Then, on Thursday morning, a man was killed by an Amtrak train in Berkeley. Investigators are reporting that it was an apparent suicide. Later on Thursday, Vida Silver was killed when her 100 pound pit bull pulled her by his leash across the tracks in Hayward. She and the dog were hit and killed by the Amtrak Capitol Corridor train. On Friday afternoon near San Jose’s Diridon station, a bicyclist was fatally struck on the tracks. The unidentified bicyclist went under the lowered crossing gates after the northbound Caltrain had passed, but was struck by the southbound train. Then on Saturday, Richard Steven Collins of Richmond was hit and killed by the Capital Corridor Caltrain at 10:45 a.m. Investigators have reported that he likely thought the train was a slow moving freight train and failed to move out of the way even though the conductor blew the horn. The accident happened at the Gilman Street crossing in Berkeley.

Although many of these accidents may have been preventable, if there is negligence or recklessness found on the part of the parties, the victims’ families may be able to sue for wrongful death. The details of each case are very important to the success of the case. The attorneys at Greenberg & Rudman LLP handle cases on a contingency fee basis, which means that you will pay no costs unless we win the case for you. Don’t be fooled by other firms who sign up your case but are not prepared to fight for you and take your case to trial. Call us now at 1-800-252-9776 (1-800-ALAWPRO) to speak to an attorney—we have over 50 years of combined experience. Click on this link to go to our website, www.alawpro.com to read more about our attorneys and train accidents.

Want to know more about train accidents? Then go to Part 1: CALTRAIN AND OTHER TRAIN ACCIDENTS MAY RESULT IN DEATH, OR SERIOUS INJURY—CALL SAN FRANCISCO PERSONAL INJURY LAWYERS NOW (Part 1 of 2)

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: TRAIN ACCIDENTS , WRONGFUL DEATH

Bookmark:

Although many of today’s television shows and movies may explain the details of the court process, there are still some issues that are fuzzy to the general public. Take for example the concept of double jeopardy. In criminal cases, this means that if a defendant is convicted or acquitted (found not guilty) of a certain crime, then it means that the original prosecutorial agency in the case will not be able to bring the charge against him again. However, just because a person has faced criminal charges on a certain matter does not mean that he will be free of civil lawsuits. A defendant who is charged with criminal acts may be sued in civil court for damages, rather than time in jail or other forms of punishment. In fact, the plaintiffs bringing the lawsuit in civil court may use the evidence used in criminal court in their case.

On May 27, 2009, Edward John Schaefer hit and killed Melody Osheroff, a fourth grader in San Ramon, and severely injured her father, Aaron Osheroff, in Marin County while the two people were crossing the street. Police found that Schaefer’s blood alcohol level was .16, which is double the legal limit. Melody died the following day, and her father is in serious condition and has had his leg amputated. In an unrelated car accident on Monday, May 25, four people died in an alcohol related accident in Oakland. The driver of the vehicle, Tiffany Reynolds, suffered a broken neck and has been charged with four counts of vehicular manslaughter. The four people who died in the crash included her domestic partner, her brother and the couple’s three year old twins. The twins were not in car seats, and one boy was ejected from his seat while the other was found pinned under the steering column. Both Schaefer and Reynolds could face time in jail, as well as civil lawsuits from the family members of the people that they injured while they drove under the influence.

The attorneys at Greenberg & Rudman LLP represent people who have been seriously injured as well as the families of those who have been killed under wrongful death circumstances. We handle all cases on a contingency basis. We are paid a percentage of what we recover for you. This means you will pay no legal fees unless we collect money for you. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free and confidential consultation with a knowledgeable attorney. Please also go to our website, www.alawpro.com to read more about our attorneys and wrongful death lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , MOTORCYCLE ACCIDENT , WRONGFUL DEATH

Bookmark:

Known as one of the greatest escapes in the Bay Area, Half Moon Bay is in San Mateo County and has a population of 11,842 residents. There is the Pillar Point Harbor, which allows for boating and fishing, and beaches for tourists and residents to enjoy. The downtown area for Half Moon Bay is also popular for its small stores and for its annual Art and Pumpkin Festival. There is also a 36 hole public golf course, the Half Moon bay Golf Links. The area attracts tourists because it is close the large urban areas of San Francisco and San Jose, but still maintains a very tranquil environment.

Personal injury lawsuits may range from train accidents to medical malpractice cases to wrongful death. If you or a family member has suffered an injury and are unsure on how to proceed, you need to contact Greenberg & Rudman LLP right away. Give us a call now at 1-800-252-9776 (1-800-ALAWPRO) to speak to a knowledgeable attorney about your case. We cannot guarantee the results of your case, but may be able to help you in your situation. We handle cases on a contingency fee basis, which means that you do not pay any costs unless we win your case for you. Visit our website www.alawpro.com for more information on personal injury lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: MEDICAL MALPRACTICE , TRAIN ACCIDENTS , WRONGFUL DEATH

Bookmark:

Known as a “bedroom community,” Pinole is situated in Contra Costa County along the I-80 corridor. It is located within driving distance to San Francisco, Oakland, Richmond, San Pablo and Hercules. The city is named after the Native American word for a type of flour made from maize, and other grasses and herbs. Pinole’s population was approximately 19,039 in the 2000 census. Pinole is also well known for its big-box shopping center, which is an extension of the Richmond Hilltop area. Historically, Pinole was an industrialized area, but over the years the industry has been displaced, and the area has become primarily residential, thus earning the “bedroom community” label.

Have you or a loved one been injured in Pinole, or suffered a wrongful death? If so, call Greenberg & Rudman LLP immediately for a free consultation from one of our experienced attorneys at 1-800-252-9776 (1-800-ALAWPRO). Our attorneys can inform you of your rights and guide you through your lawsuit process efficiently. Being without an attorney in the court system can be detrimental to a case, and may delay the process even longer. Our cases are all on a contingency fee basis, which means that you do not pay any fees or costs unless we win the case for you. Go to our website, www.alawpro.com to read more about personal injury cases and wrongful death claims.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: OTHER COMMON INJURIES , WRONGFUL DEATH

Bookmark:

Many may not be aware that leaving the scene of an accident without leaving proper information or waiting for the authorities to come is not only the wrong thing to do, but it is also illegal. People who leave accident sites without giving their insurance information to the victim could face charges of hit-and-run all the way up to vehicular manslaughter. In addition to the criminal charges, the family of the victim, or the victim himself could file a lawsuit against the wrongdoer. If the victim is alive, then he can sue the wrongdoer for injuring him but if the victim dies as a result of the accident, then his family may be able to sue the wrongdoer for wrongful death damages. Wrongful death lawsuits require that the wrongdoer acted negligently or differently than a reasonable person in the same situation would have acted. For example, in a car accident in which the driver hits a pedestrian, a reasonable person would likely pull over and call for help.

A negligent person may leave the scene of the accident, or may do something else that other reasonable people would not do. Whether the actions were reasonable is decided by the judge or the jury in a trial. A hit and run accident happened in Santa Clara in the early morning hours of May 16, 2009 in which a pedestrian was struck and killed on El Camino Real near McCormick Drive. A police officer found the pedestrian lying in the roadway. He was still alive when the officer approached, but later died at the scene. There are no witnesses or suspects in this case. Officials have reported that it is likely that the suspect’s car will have front end damage and possibly a broken windshield.

The person who hit the pedestrian could face vehicular manslaughter charges by the district attorney, and the victim’s family could sue him for wrongful death. There is a chance that had the driver stopped after he hit the victim, the victim could have been saved. If you have been injured in a hit and run accident, or if one of your family members was fatally injured in an accident, you should consult with an attorney at Greenberg & Rudman LLP immediately. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation from one of our knowledgeable attorneys. Go to our website, www.alawpro.com to read more about wrongful death lawsuits and profiles on our attorneys.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WRONGFUL DEATH

Bookmark:

Benicia is located in the Bay Area, near Vallejo and Martinez. The city actually served as California’s capital between 1853 and 1854. There are 26,865 residents in the city of Benicia. The city is divided into four sections: the East Side, West Side, Southampton and the industrial park. The Benicia Arsenal is also located in the city, and was a former United States arsenal but is now used for a variety of other purposes. There are also landmark buildings in Benicia, such as The Clock Tower, the Camel Barn and the Jefferson Street Mansion. Many tourists may be attracted to the shopping in Benicia because of its high quality antique stores and small boutique shops.

Tourists might be able to reach Benicia through Interstate 680, 780, and by Amtrak. With a variety of people visiting the area, and its local residents, there might be different incidents that may occur which would result in injury. The attorneys at Greenberg & Rudman LLP represent people who have been wrongfully injured in car accidents, work place injuries, premises liability injuries and wrongful death actions, among others. To find out whether you have a case, please call us at 1-800-252-9776 (1-800-ALAWPRO) for a free confidential consultation. Please also visit our website www.alawpro.com for more information.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , PREMISES LIABILITY , WRONGFUL DEATH

Bookmark:

As summer quickly approaches, parents and care givers need to be reminded of the dangers of swimming pools, lakes and areas with sedentary water. According to the Centers for Disease Control and Prevention, there were 3,582 fatal unintentional drowning in the U.S. in 2005, which averages out to be about ten deaths per day. More than 25% of drowning deaths are in children under the age of fourteen. For each of the children who die in drowning accidents, another four are treated medically for nonfatal submersion injuries. Males are four times more likely than females to die from unintentional drowning, and 30% of all children between the ages of one and four who died in 2005 died from drowning. Some of the major causes of drowning are lack of preventative measures, such as barriers, or proper supervision. If you child died in a drowning accident because of improper care, you should contact Greenberg & Rudman LLP immediately for a free consultation to learn about your rights. Call us now at 1-800-252-9776 (1-800-ALAWPRO).

A jury in Santa Barbara, California, on April 27, 2009, awarded $14 million in compensatory damages to the parents of a four year old boy who drowned in a Cathedral Oaks Athletic Club swimming pool in 2005. The boy, Yoni Gottesman, was attending a summer camp at the Club, which was unlicensed to run the summer camp. During the trial, there was a surveillance video showing the boy playing in the water with camp counselors, and then floating in the pool shortly thereafter. The surveillance also showed the counselors sitting around the pool, and the lifeguard getting out of his chair to buy a soda. The jury found that there was clear and convincing evidence that the employees there acted with malice, oppression and fraud, which allows punitive damages to be discussed in a second part to the trial. The compensatory damages included an amount for negligence, funeral and burial expenses and medical expenses.

Losing a child in a preventable accident is a devastating situation. The attorneys at Greenberg & Rudman LLP may not be able to bring your child back, but we may be able to obtain compensation for your child’s injuries. Call us now for a free and confidential consultation at 1-800-252-9776 (1-800-ALAWPRO). Visit our website at www.alawpro.com to read more on premises liability and wrongful death lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: PREMISES LIABILITY , WRONGFUL DEATH

Bookmark:

Depending on different state laws, wrongful death lawsuits can be brought by only certain people that usually include the victim’s parents, spouse or children. So, if the person bringing the suit is the victim’s distant cousin, the law will likely prohibit them from filing the lawsuit. Often times the laws in different jurisdictions only provide certain damages that the family may recover from the lawsuit. For example, the damages in a lawsuit may recover money for the victim’s medical care or funeral expenses but would not cover for the family’s pain and suffering. All of these details are different in different states, so the best option would be to call and get a free consultation from Greenberg & Rudman LLP so that you know your rights. We can be reached at 1-800-252-9776 (1-800-ALAWPRO).

A jury in Cook County, Illinois, found in favor of a car salesman’s family in a wrongful death lawsuit on Monday, April 20, 2009. The victim, Roger Czapski, was killed in 2004 when he was taking a customer, Christopher Maher, out for a test drive in a BMW. Maher, driving the BMW, clipped a Saturn and the car swerved and hit a light pole. The driver and the two other passengers were ejected from the car, but Czapski died at a hospital approximately ninety minutes later. The evidence during trial showed that Maher was driving the car at about ninety-five miles per hour when the crash occurred. Maher pled guilty to aggravated speeding in 2005 in relation to the crash, and was sentenced to one year of probation and 30 days of community service.

At Greenberg & Rudman LLP, you speak directly to an experienced California personal injury lawyer. All consultations are free and confidential—call us now at 1-800-252-9776 (1-800-ALAWPRO). We handle all cases on a contingency basis. We are paid a percentage of what we recover for you. This means that you will pay no legal fees unless we collect money for you. If we do not recover money for you, you will not owe us a fee. Visit our website, www.alawpro.com to read more about wrongful death lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , WRONGFUL DEATH

Bookmark:

After laws are made by the legislature, and passes through the governor or the President, they are enacted and then need to be enforced by the executive government. There are different branches that enforce the law, such as the Securities Exchange Commission (SEC), Equal Employment Opportunity Commission (EEOC), and Immigration and Customs Enforcement (ICE). The different branches or departments might make further changes to the statutes in order to fit their particular area. Do you have a lawsuit that you wish to pursue? To learn more about the lawsuit and your rights, you should speak to a lawyer at Greenberg & Rudman LLP. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free and confidential consultation with an experienced attorney.

The judicial system is divided between state and federal government. At the state level, there are superior courts, appellate courts and the state supreme court. At the federal level, there are district courts, courts of appeal and then the United States Supreme Court. Superior courts in states are divided by county and handle everything from criminal matters to probate matters. The federal court system is first divided by districts, such as the Northern California District. If either of the parties in the lawsuit is unhappy with the result from the lowest court, then they may appeal the decision to the next level. For the federal government, the court of appeals system is divided into circuits. There are eleven circuits in all, and California is part of the Ninth Circuit, which also includes Nevada, Arizona, Idaho, Oregon, Washington, Montana, Alaska and Hawaii. If the parties are still unhappy with the result in the court of appeals, then they may appeal to the United States Supreme Court. However, the Supreme Court reviews the cases that are appealing to it, and decide which ones they will hear. Thus, if the case is denied, then the parties will not be able to appeal any further.

The court system is extremely complicated and may include different rules for different courts. For example, local courts may only require two copies to accompany any documents that are filed in the court, but federal courts may require eight or more copies per document filed. If you do not file the documents correctly, that could potentially end your case. So, it would be best if you had an experienced attorney by your side. Greenberg & Rudman LLP only represents injured clients and the families of wrongful death victims whose injury or loss occurred in the State of California. If you are in need of a California car accident attorney or California personal injury lawyer, please call us now at 1-800-252-9776 (1-800-ALAWPRO). Check out our website, www.alawpro.com to read more about our areas of practice.

Would you like to know more about how laws are made? Go to Part 1: CURIOUS ABOUT HOW LAWS ARE MADE? CALL SAN FRANCISCO PERSONAL INJURY LAWYERS (Part 1 of 2)

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: OTHER COMMON INJURIES , WRONGFUL DEATH

Bookmark:

As educated as many Americans are, there are a lot of common misperceptions on how laws are made in the United States. Laws are not made by lawyers or judges, but rather by the legislative branch of the government. The other two branches of the government are the executive and judicial. The executive branch is led by the President of the United States, and includes his cabinet, governors and other organizations, such as Occupational Safety and Health Administration (OSHA). The judicial branch is made up of the court system. Lawyers are here to help citizens make sure that those laws are fair and constitutional. If you have a lawsuit and need the help of an attorney, you should contact Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation.

For laws or statutes in states, they are created by the state senate and state representatives, and for federal laws, they are written and pass through Congress. There are certain laws and statutes that need to pass through voters. For example, recently California had a vote on Proposition 8, the amendment to make marriage between same sex couples legal. Since it was to amend the California Constitution, the law dictates that it has to be voted on by the voters. However, many other statutes and laws are voted on by representatives and senators. That is why it is so important to vote for representatives and senators who represent your interests and desires.

Some laws are created to make sure that citizens are able to recover damages for any injuries they have suffered or to make sure that they have a way to address their grievances. For example, there are tort laws which allow for people to bring wrongful death or personal injury lawsuits because of someone else’s negligence. The laws define what negligence is, and the type and extent of damages that a person may recover. These laws are usually different between different states. To find out what the laws in California are in your specific circumstance, you should talk to a knowledgeable and experienced attorney. Call Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO). We have won over $150 million in verdicts and settlements. Please also check out our website, www.alawpro.com to read more about lawsuits and the different types of laws in California.

Want to know more about the U.S. government and how laws are made? Go to Part 2: LAWS ARE CREATED BY LEGISLATURE, ENFORCED BY EXECUTIVE AND MONITORED BY JUDICIAL BRANCH. (Part 2 of 2)

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: OTHER COMMON INJURIES , WRONGFUL DEATH

Bookmark:

Oakley is part of Contra Costa County and is located near Antioch, Pittsburg, Brentwood and Concord. The population of the city is 33,250 as of the 2006 Demographics Report. Oakley also provides access to the Delta de Anza Regional Trail and is part of the East Contra Costa Bicycle Plan. Oakley also offers a variety of recreational programs for its residents, and has approximately thirty programs in five different areas of programming.

Have you or a loved one been injured in Oakley? If so, you should contact the attorneys at Greenberg & Rudman LLP immediately for a free and confidential consultation. We provide legal services in many areas of law, including wrongful death, car and motorcycle accidents, and medical malpractice suits. To find out whether you can recover damages for your particular injuries, call us now at 1-800-252-9776 (1-800-ALAWPRO). We have over 50 years of experience, and have won over $150 million in settlements and verdicts. Visit our website www.alawpro.com for more information on the various lawsuits and to read profiles on our attorneys.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , MEDICAL MALPRACTICE , MOTORCYCLE ACCIDENT , WRONGFUL DEATH

Bookmark:

Drivers are required to take tests to obtain their driver’s license, and may be required to do additional testing in future years in order to keep their license up to date. Many times, when accidents happen, they are just that—accidents, and there might not necessarily be a single person to blame for the incident. But when someone has already been careless, such as failing to renew his license, or driving on a suspended license, the blame for the accident may be attributed to him.

Recently, the Anaheim Angels pitcher, Nick Adenhart, and two others were killed in a collision when a car driven by Andrew Thomas Gallo broadsided them in Anaheim, California. Adenhart died while in surgery from injuries sustained in the crash. The driver of the other car, Gallo, was driving on a suspended license because of a previous drunk driving conviction, and had run a red light before hitting them. On April 10, 2009, the Orange County district attorney’s office charged Gallo with three counts of murder, driving under the influence, driving with a blood alcohol level over .08 and an enhancement that he inflicted great bodily injury. Even though the district attorney’s office has filed criminal charges against Gallo, Adenhart’s family may also choose to pursue a lawsuit in the civil arena.

We represent people who have been seriously injured as well as the families of those who have been killed under wrongful death circumstances. At Greenberg & Rudman LLP, you speak directly to an experienced California personal injury lawyer. All consultations are free and confidential, so call us now at 1-800-252-9776 (1-800-ALAWPRO). We handle all cases on a contingency basis. We are paid a percentage of what we recover for you. This means you will pay no legal fees unless we collect money for you. If we do not recover money for you, you will not owe us a fee. Please also go to our website, www.alawpro.com to read more about wrongful death lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: MOTOR VEHICLE ACCIDENT , WRONGFUL DEATH

Bookmark:

Suisun City is named after the adjacent Bay of the same name, which takes its name from a Native American tribe in the area. It is in Solano County and has a population of 26,118 people. Suisun City is located near Fairfield, Vallejo, Vacaville and even Sacramento. It is serviced by Highways 12 and 80 and has an Amtrak station. If you or a family member have been injured in Suisun City and want to recover damages for your injuries, you should contact the experienced attorneys at Greenberg &Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO).

At Greenberg & Rudman LLP, you speak directly to an experienced California personal injury lawyer. We handle all cases on a contingency fee basis. We are paid a percentage of what we recover for you. This means you will pay no legal fees unless we collect money for you. If we do not recover money for you, you will not owe us a fee. Call us now at 1-800-252-9776 (1-800-ALAWPRO), for a free and confidential consultation. Our office covers personal injury claims ranging from car accidents, to wrongful death to work place injuries. Visit our website www.alawpro.com for more information.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , OTHER COMMON INJURIES , PREMISES LIABILITY , WRONGFUL DEATH

Bookmark:

After the complaint has been filed and the lawsuit is well on its way, the parties will then encounter different obstacles and deadlines in which they have to meet. The complaint that the plaintiff filed may need to be edited by adding in new defendants, or new information, and it all depends on how the case develops and what the parties find out along the way. The defendant may make different motions to try to get rid of the case, such as a motion to dismiss, or a motion for summary judgment in the hopes that the case will end there instead of going any further. Knowledgeable attorneys know how to deal with these kinds of issues effectively, and have the resources to file the documents and do the research. The attorneys at Greenberg & Rudman LLP have won over $150 million in settlements and verdicts. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation.

After the lawsuit has been started, there is the discovery process in which both parties answer each other’s questions (called interrogatories) about the incident that led to the lawsuit, and give each other important documents. The discovery process was created as a way to reduce animosity in the lawsuit process and to make it a less adversarial process. In this way, the parties on each side will not be surprised during the trial with new information and can fully prepare their own cases. After the discovery process comes a point in which the parties may discuss settlement options or go to trial. If the parties cannot settle the case and go to trial, it may be before a judge, or a jury. The parties are encouraged to settle during the entire process as this is a more efficient way to provide the parties with what they each want. However, if the issue is given to the jury to decide, the decision is binding, although depending on the case, either party may appeal the judgment.

When you are faced with an injury or legal issue in which you have been damaged in some way, filing a lawsuit may be the best way to recover for your injuries. However, filing a lawsuit is not an easy matter, and should be handled with a great deal of care. To make sure that you know your rights and that your case is handled properly, you should call an experienced attorney at Greenberg & Rudman LLP for a free and confidential consultation. Call us now at 1-800-252-9776 (1-800-ALAWPRO) to speak to a knowledgeable attorney. We are experienced trial attorneys who have taken on big insurance companies and won. Check out our website, www.alawpro.com to read more about wrongful death injuries or car accident injuries.

Want to know more about filing a lawsuit? Then go to Part 1: ARE YOU HAVING TROUBLE FILING YOUR OWN PERSONAL INJURY LAWSUIT? YOU SHOULD CALL AN EXPERIENCED BAY AREA ATTORNEY WHO KNOWS THE INS AND OUTS OF THE COURT SYSTEM (Part 1 of 2)

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , OTHER COMMON INJURIES , WRONGFUL DEATH

Bookmark:

Drivers have an incredible responsibility on the road—not only do they have to be sure that they are following the laws but they also have to make sure that they defend themselves and others when obstacles are before them. If an accident occurs and there are people injured in the accident, it may depend on the circumstances of the incident to determine who is responsible for the accident. This is especially important in situations when certain parties don’t have car or health insurance, and want to obtain compensation from the party at fault.

On Friday, March 20, 2009, Richard Trenam was in his wheelchair, crossing the intersection of Range Avenue and Guerneville Road in Santa Rosa when he was hit and struck by a 2003 Mitsubishi Eclipse. The driver of the Eclipse was 24 year old Antonio Salano Villa, who left the scene of the accident after he hit Trenam. A passing truck driver saw Trenam in the roadway. Police found one of the license plates belonging to the Eclipse at the scene of the accident, but Villa actually returned to the scene with his father. He voluntarily gave a blood sample to police at headquarters.

A week later, on Friday, March 27, 2009, in an unrelated accident, Abella Lastimosa died in a crash at the intersection of Geneva Avenue and Stoneridge Lane in San Francisco. Lastimosa was a San Francisco resident, and was in a wheelchair. The driver of the car was headed west on Geneva Lane and struck Lastimosa, who was headed south on Stoneridge lane. The driver of the car stopped at the scene of the accident, but the cause is still being investigated.

Fleeing the scene of an accident, regardless of how much property and physical damage has been done, can be cause for criminal charges, and may result in a hefty civil lawsuit. If you or someone you know has been injured in an accident, call us now. We represent people who have been seriously injured as well as the families of those who have been killed under wrongful death circumstances. We are committed to obtaining compensation for victims injured by the negligence of others. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free and confidential consultation from one of our experienced attorneys at Greenberg & Rudman LLP. Go to our website, www.alawpro.com to read more about wrongful death lawsuits, and the other areas of law that our office covers.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , WRONGFUL DEATH

Bookmark:

Generally, there are very few incidents in which individuals can sue police officials for wrongdoing in the line of duty. In order to do their job effectively, police officers may not be civilly liable for causing damage to property or people because if they were, then they may not be able to act speedily in emergency situations. For example, if there is a burning house, police officers and firemen may destroy property in order to reach someone inside, but they would not be civilly liable in a lawsuit if the property owner decided to sue them for damaging the house. However, there are different standards that must be met in different situations, even for emergency officials. If, for instance, a police officer was pursuing a suspect, and shot into a crowd of people, this would likely be outside of his standard of duty and would probably be considered negligent if he shot and killed an innocent bystander.

The Indiana Supreme Court held that law enforcement immunity did not protect police officers from negligent lawsuits arising from car chases gone wrong. This unanimous ruling in 2006 led to the lawsuit settlement for Richard Garman on March 23, 2009. There was a high speed car chase in 1999 in which police officers were wrongly informed that a car had a stolen license plate. When they pursued the car, the driver, Jessie L. Smith, fled and crashed into Garmen’s car, severely injuring Garmen and killing his fiancée. The lawsuit settled for $75,000 for Garmen’s injuries, his emotional distress and the depression that resulted from his fiancée’s death. The lawsuit was not aimed at Smith, who was sentenced to three years in prison, but rather at police officials in Indiana who, Garmen claims, have too much leeway in their car chases. The city of Indianapolis likely settled the lawsuit in hopes of avoiding a costly trial without having to admit liability.

Being involved in a lawsuit against a city or city officials may be a tough battle to fight. That’s why you need someone with over 50 years of experience on your side. The attorneys at Greenberg & Rudman LLP are experienced trial attorneys who have taken on big insurance companies and won. Call us now at 1-800-252-9776 (1-800-ALAWPRO)—you will speak directly to an experienced California personal injury lawyer. All consultations are free and confidential. Please also go to our website, www.alawpro.com to learn more about car accidents and wrongful death lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , WRONGFUL DEATH

Bookmark:

Families of victims who died in accidents or other incidents may sue the wrongdoer for negligence or recklessness. The plaintiffs in these cases, usually very close family members, are able to sue on a lower standard than is required in criminal cases. The suit is not for murder, or manslaughter, but for the damages that resulted after the victim was killed. For example, if the victim was killed in a car accident and was the sole supporter of his family, and the wrongdoer was negligent or reckless, then the family may be able to recover for the income that he would have made in his lifetime, or for the value of the property that was destroyed in the accident. However, this is dependent on the judge or the jury assigned to the case.

On January 1, 2009, Oscar Grant was shot and killed at an Oakland BART station by BART officer Johannes Mehserles. BART police responded to a report of a fight on the train and detained Grant and several others. There are cell phone videos of what occurred on the platform, and it is alleged that Mehserles shot Grant even though Grant was restrained and lying on his stomach. Mehserles was arrested for murder and is currently out on bail. Mehserles pled not guilty to the murder and claims that he meant to fire his Taser gun instead of his actual gun. Grant’s family initially sued BART for $25 million in January, but recently revised the lawsuit to $50 million after learning new details about the incident.
If you have been injured by an incident, you should speak to an experienced attorney to find out your rights and options. Dealing with large corporations or government entities may be very difficult to do, so having a knowledgeable attorney on your side can help speed the process along and bring more effective results. The attorneys at Greenberg & Rudman LLP will help you fight your case, and you don’t pay any costs unless we win the case for you. Call 1-800-252-9776 (1-800-ALAWPRO) for a free consultation with one of our attorneys and find out your rights. Visit our website, www.alawpro.com to read more about our firm and about wrongful death lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WRONGFUL DEATH

Bookmark:

Hitting a pedestrian might be a result of an accident, or even because of the pedestrian’s negligence. However, it is illegal and reckless to fail to stop after you have hit a pedestrian. On Monday, March 2, 2009 a body was found near Highway 680 in San Jose at the McKee Road off-ramp. Police believe that the person was actually struck approximately a quarter mile away near the intersection of McKee Road and Capitol Avenue. Several other cars had run over the body before police found it. Police have not determined whether the victim is a man or a woman.

It is a crime to not stop at the scene of an accident, even if you hit an inanimate object, such as a car, and could bring liability in a civil lawsuit. It is an even more serious crime and considered even more reckless to fail to stop after you have hit a person. It is unlikely that a person would not know that they have hit and dragged a person for a quarter of a mile. Once caught, the driver could face criminal charges and wrongful death lawsuits from the victim’s family. If the incident was truly an accident, for example if the pedestrian were walking in the middle of the street and the car failed to see him/her in the dark morning hours, and the driver had stopped, then there might be no liability, or limited liability. Additionally, there is also a chance that the victim would not have died and only suffered minor injuries had he/she not been dragged the distance.

Suffering through such an accident, or having a family member in such a situation can take a toll on your life. We may not be able to ease the pain of losing a loved one, but we can help you file a wrongful death lawsuit efficiently and take care of the legal aspect of the case for you. The attorneys at Greenberg & Rudman LLP have had extensive experience in personal injury lawsuits. We have won over $150 million in settlements and verdicts. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation with an experienced attorney about your case. Check out our website, www.alawpro.com to read about all of our settlements and verdicts.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , WRONGFUL DEATH

Bookmark:

Depending on the nature of the employment, a person may be injured on the job site or by equipment used in the course of employment. In these cases, the employee would likely be able to seek out compensation through worker’s compensation benefits, or a lawsuit against their employer for negligence. However, those injured by the employee during the course of employment or by the employer’s property may also obtain damages from the employer.

On January 27, 2009, a five year old boy was hit and killed by a work truck at the intersection of Derby and Waring in Berkeley, California. The boy was walking or riding his bike with his classmates from a nearby school when he was struck. A bystander tried to perform CPR but was unsuccessful. The driver of the work truck stopped the truck immediately following the accident and police determined that there were no indications that drugs or alcohol were involved in the accident.

Depending on exactly where the incident occurred, the boy’s family may be able to sue the owner of the work truck for damages in a wrongful death lawsuit. For example, if the work truck was in the area because the employee was doing work in the usual course of employment (i.e. delivering goods, or working on a construction project), then the family may be able to hold the employers liable. However, if the work truck was on private property and the boy trespassed, then there is a different standard that would be applied in a negligence lawsuit against the employer. The success of the lawsuit would depend on the circumstances in each case, and would be up to the judge or jury in each matter.

Times like these are incredibly trying and difficult, but having a knowledgeable attorney by your side may make the ordeal more bearable. The attorneys at Greenberg & Rudman LLP have had years of experience in wrongful death, and premises liability lawsuits, among others. We have won over $150 million in settlements and verdicts against insurance companies and large corporations. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free and confidential consultation with one of our attorneys. Please also visit our website, www.alawpro.com and find out more about our law firm.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: PREMISES LIABILITY , WRONGFUL DEATH

Bookmark:

It is a great responsibility for drivers to get behind the wheel of a car because of the amount of damage that a vehicle can cause. However, too often we see drivers not taking the responsibility seriously, and abuseing it by acting negligently or recklessly. There are increasingly strict rules in the United States, particularly California, on driving. For instance, Californians are no longer allowed to use their cell phone to call anyone unless they are using a hands-free device, and can no longer text message in the car. These laws help to protect the safety of others on the road. Not only are negligent drivers criminally liable for their actions, they can often be civilly liable to the victims.

On Saturday, February 21, 2009, a man walking on Interstate 280 near San Jose was hit and killed by Janet Nguyen of San Francisco. Ms. Nguyen was driving at about 1:30 a.m. on northbound I-280 and hit the pedestrian as she changed lanes. The pedestrian, a 24 year old man, was thrown through the car’s windshield, and hit Ms. Nguyen and the pedestrian, but both remained uninjured. Police were unable to determine why the man was walking in the right lane of the highway and were unable to locate any disabled vehicles along the freeway. It was determined that Ms. Nguyen was likely not at fault in the collision. When Ms. Nguyen and the passenger were taken to the hospital, police determined that she was under the influence of alcohol and was arrested for misdemeanor DUI.

Although the alcohol may not have been the cause of this particular collision, many others are a result of the driver’s reckless acts of drinking and driving. To find out your rights in a negligence lawsuit, you should call an attorney as soon as possible. Call Greenberg & Rudman LLP now to make sure that you file your lawsuit in time and to make sure that you have the best possible representation. Call us now at 1-800-252-9776 (1-800-ALAWPRO) to get a free and confidential consultation. Our website, www.alawpro.com also provides more information on wrongful death lawsuits and negligence cases.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , WRONGFUL DEATH

Bookmark:

Strict liability is the responsibility that a manufacturer takes for a certain product when it is unreasonably dangerous when it is used. The manufacturer is responsible for the defect in the product, even if it was not an error in the manufacturing process. Exceptions to this rule are medications or vaccines. This means that even though the side effects of the medications or vaccines are unreasonably dangerous when they are used, they still may not be the reason for a lawsuit. However, these manufacturers of medicines and vaccines must abide by state and federal law, and may be liable in other ways. Lawsuit standards for medicine and vaccines vary from state to state and each circumstance so you should speak to an experienced attorney about your case. Call Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO).

On Tuesday, February 17, 2009, a Nebraska resident, Ralph Sell, filed a lawsuit against AM2 PAT Inc. for the death of his wife in 2008. The company produced Heparin prefilled flush syringes for use in treating cancer patients. The syringes were recalled for the first time in December 2007 and then again in January 2008. The second recall occurred because there was evidence that the prefilled syringes contained bacteria, which can cause serious injury or death. Mr. Sell claims that his wife’s death was caused by the syringe, which allegedly caused high blood pressure, disorientation and sepsis, even though her immediate cause of death was acute respiratory failure. Mr. Sell is seeking unspecified damages, but the damages include $56,000 in medical costs.

If you or a family member has been injured by these prefilled syringes or has sustained other medical injuries as a result of product liability or medical malpractice, you should call Greenberg & Rudman LLP as soon as possible for a free consultation. Call us now at 1-800-252-9776 (1-800-ALAWPRO) to speak to an experienced attorney. Please also go to our website, www.alawpro.com to read more about product liability, and manufacturer’s liability on defective products.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: MEDICAL MALPRACTICE , PRODUCT LIABILITY , WRONGFUL DEATH

Bookmark:

Wrongful death lawsuits are for family members of a victim who was killed under negligent circumstances. On Christmas Day 2007, a tiger attack at the San Francisco Zoo resulted in the death of 17 year old Carlos Sousa Jr. and the injury of the Dhaliwal brothers, who were friends of Carlos. Carlos’ family has settled with the San Francisco Zoo, and although the amount of the settlement was undisclosed, it was reported that the money will come from the Zoo’s insurance carrier, rather than tax payer money. Carlos’ attorney also disclosed that there will be a bench erected in the Zoo which will have Carlos’ name, and the dates of his birth and death. The Dhaliwal brothers have also filed suit in federal court, claiming that the Zoo has engaged in a smear campaign against them.

To find out more about wrongful death lawsuits and whether you have a lawsuit for the wrongful death of a close family member, contact Greenberg & Rudman LLP immediately for a free consultation. You can reach us at 1-800-252-9776 (1-800-ALAWPRO). We handle all cases on a contingency fee basis. We are paid a percentage of what we recover for you. This means you will pay no legal fees unless we collect money for you. If we don’t recover money for you, you will not owe us a fee. Go to our website, www.alawpro.com for more information on wrongful death claims.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WRONGFUL DEATH

Bookmark:

Manufacturers and distributors are subject to liability of their products, especially if that product is defective or does not meet the ordinary expectations of the consumer. It may be difficult to evaluate what determines if a product meets the ordinary expectations of the consumer, but it is usually determined by what kind of defect the product has and the danger that it poses. For example, if a toy car is usually manufactured as a red car, but the one that you purchased was blue then it is unlikely that you will recover any damages. However, if the car’s wheel was not properly assembled and your child swallows it and is injured, then it is more likely that you will recover damages for this kind of defect.

Recently, there has been an investigation into the outbreak of salmonella in many peanut products. On January 30, 2009, officials opened a criminal investigation into Peanut Corp. of America to probe the causes of the salmonella outbreak. In this outbreak, there have been 529 people who have become ill as a result of salmonella exposure, eight have died, and more than 430 products have been recalled. The recall has reached products dating back to 2007. Beyond these criminal investigation and liability that this company may encounter, there will likely also be civil claims from families of the people who have been injured by these contaminated products.

If you are unsure whether you have a case against a peanut butter manufacturer, or any other product manufacturer for an injury that you or a family member have sustained, you should call Greenberg & Rudman LLP immediately to learn about your rights. We are here to help you through the tough time and guide you through the lawsuit. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation with a knowledgeable attorney. Visit our website, www.alawpro.com to find out more about other recalled products and wrongful death lawsuits in California.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: PRODUCT LIABILITY , WRONGFUL DEATH

Bookmark:

A wrongful death lawsuit can be brought by close victims of the deceased against the alleged wrongdoer. A statute dictates who can sue for wrongful death and who cannot, and it varies between different jurisdictions. The majority of jurisdictions give pecuniary damages, which is money or support that the deceased would have given to his family members, minus what he would have kept for himself. In California, a wrongful death claimant can recover for pecuniary damages but is unable to recover for pain and suffering. The law may be different in different states.

In Maryland on February 2, 2009, the family of George Smith settled with Wal-Mart in a wrongful death claim. The claim was that Mr. Smith received the incorrect prescription from a Wal-Mart pharmacist and died as a result of that. Two grown children of Mr. Smith brought the claim for $3 million. Mr. Smith took the medication in March 2007, which was meant for someone else, and became ill eight days later and then died at the hospital. The terms of the settlement were not revealed and are under seal.

Greenberg & Rudman LLP are experienced attorneys who have handled many wrongful death lawsuits. If you think a loved one was killed in a wrongful death accident, please call us now at 1-800-252-9776 (1-800-ALAWPRO) to get a free consultation from one of our experienced attorneys. We have won over $150 million in trials and settlements, many of which against large corporations or insurance companies. Go to our website, www.alawpro.com to find out more about wrongful death claims in California.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WRONGFUL DEATH

Bookmark:

A defective product lawsuit is one in which the manufacturer produces a line of products and one or several of them are different from the others, and that difference causes injury to someone. For example, a bicycle would be a product, and a defective bicycle could be if your particular bike has the misshapen screws in it. However, unless you sustain an injury from those manufacturer defects, you are unlikely to recover damages for it. If you go tumbling off your bike because the screws came undone and a wheel fell off, and you sustained a broken arm as a result of that, then you may recover damages for that broken arm.

Duragesic pain patches are manufactured by Alza Corporation and Janssen Pharmaceutica, both Johnson & Johnson subsidiaries. These pain patches contain a medication called fentanyl, which is contained in a small reservoir and released in a steady dose over a three day period. Between 2004 and now, there have been recalls of the product because of its unsafe use. It was found that in many cases, there was a break in the seal of the patch and the fentanyl was released into the patient’s body in very high doses, often resulting in death. Another defect of these patches may also occur when the controlling membrane which releases the medicine malfunctions.

There have been several lawsuits between 2007 and 2008, the most recent of which was for a family of a woman in Cicero, Illinois. She died while wearing a defective fentanyl pain patch. The jury came back with their verdict in December, 2008 in which they found that the two Johnson & Johnson subsidiaries were liable for her death and awarded the family over $16 million.

If you or a family member has been injured by a fentanyl transdermal pain patch, you need to contact an attorney as soon as possible. The statute of limitations (the time within which you must file a lawsuit to recover damages) may already be running. Call Greenberg and Rudman LLP now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation with an experienced attorney and learn about your rights. Visit our website, www.alawpro.com to find out more about defective products and the fentanyl patch.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: PRODUCT LIABILITY , WRONGFUL DEATH

Bookmark:

Drunk drivers are all too common and frequent in our day and age. They have become so frequent that police have set up road check points on specific holidays and have caught a great many of them. California’s legal limit for a driver’s blood alcohol is .08% and drivers who are pulled over for drunk driving take breathalyzer or blood/urine tests to test that level. Under civil law, driving drunk can be considered reckless or negligent behavior and the drunk driver could potentially be responsible for damages caused on the victim.

On Tuesday night, February 3, 2009, a drunk driver ran a red light in San Jose, hit a van and killed a six year old boy who was sitting in the backseat of the van. The accident happened around 10:45 p.m. near the intersection of Ruby Avenue and Quimby Road. The young boy was Isaac Young. A woman and man in the van with him were taken to the hospital; the woman is in critical condition but the man only suffered minor injuries. The drunk driver was San Jose resident Gary Westover, and was taken to the hospital with minor injuries. He was later arrested and charged with vehicular manslaughter and driving under the influence.

When you are involved in such a traumatic drunk driving accident, it may be hard to find someone that you trust to help you. The attorneys at Greenberg & Rudman LLP have had years of experience and are here to fight for your rights. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation with one of our experienced attorneys. Our website, www.alawpro.com can also provide you with more information on negligence and wrongful death lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , WRONGFUL DEATH

Bookmark:

A report from the California Highway Patrol, Statewide Integrated Traffic Records System (SWITRS) has indicated that driving or bicycling under the influence of drugs or alcohol is one of the most common fatal accident occurrences in 2006 and in previous years. Other statistics for 2006 include the following:

• There were 588 fatal accidents and 55,135 accidents resulting in injury as a result of unsafe speed.
• An astonishing 319 deaths and 8,830 occurred as a result of being on the wrong side of the road.
• Three hundred ninety three fatal accidents occurred because of a pedestrian violation, and 95 occurred because of pedestrian right-of-way.
• The total cost of accidents that resulted in death was a whopping $14 billion.
• For hit and run accidents, there were 145 fatal accidents involving pedestrians or another automobile, the highest category in collision types.
• The months in which most fatal accidents occurred with pedestrians were in December and March.
• The highest number of pedestrians killed fell was in the 45-54 age range, which totaled 132 killed.
• The next highest number of pedestrians killed was those in the 15-24 age range.

Car accidents dealing with death or injuries of any kind are hard to handle, both emotionally and financially. To make sure that your case is handled properly, call Greenberg & Rudman LLP for a free consultation at 1-800-252-9776 (1-800-ALAWPRO). Our attorneys have won settlements and verdicts against large insurance companies. We will forward the costs of your lawsuit and will not collect any legal fees from you unless we win your case. Visit our website, www.alawpro.com and find out more about injuries as a result of car accidents.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , OTHER COMMON INJURIES , WRONGFUL DEATH

Bookmark:

Often, police officers and other emergency workers are not responsible for any injuries that they may have caused in the normal course of business. For example, if firefighters and EMTs are saving a person from a car accident, and in the interim accidentally break his arm but ultimately saved his life, they are likely not responsible for that broken arm. The general philosophy behind not holding emergency workers responsible is to ensure that the system works effectively and efficiently. However, there are also many cases in which emergency workers do not have that immunity from liability and can be held responsible for their actions.

In New York this week, Gabriel Framowitz settled his lawsuit against the New York Police Department for $4.6 million. Mr. Framowitz was struck by police officer Bryon Chow in November, 2002 as he and his wife were walking to their car. Mr. Framowitz suffered a broken leg and shoulder, head wounds and brain damage. Initially in the investigation, Mr. Chow lied in a deposition and blamed Mr. Framowitz for the accident by claiming that he ran out from between two parked cars. However, later on in the investigation, Mr. Chow admitted that he was driving faster than he should have been and did not see the victim until after he had struck him. A jury last year awarded Mr. Framowitz $12 million, but after talks with the city, the couple settled for $4.6 million for Mr. Framowitz’s inability to work, and his short term memory loss and mood swings.

To find out if you are able to recover from car accidents or other injuries involving city officials or emergency workers, please contact Greenberg & Rudman LLP immediately. We represent people who have been seriously injured as well as the families of those who have been killed under wrongful death circumstances. You will pay no legal fees unless we collect money for you. Call us now at 1-800-252-9776 (1-800-ALAWPRO) to get a free consultation. Our website, www.alawpro.com can also provide you with more information on the areas of law that we cover.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: CAR ACCIDENT , OTHER COMMON INJURIES , WRONGFUL DEATH

Bookmark:

The new year has brought about an influx of drunk driving accidents, many of them resulting in serious injury or death. In DUI accidents in which the drunk driver was acting recklessly, the victim, or their family, could potentially recover from the drunk driver for damages that the accident caused. In such cases, the court may look at whether the driver acted recklessly or negligently by drinking an illegal amount and getting behind the wheel of a car. Drunk drivers are also subject to fines and imprisonment from local law enforcement.

On Thursday, January 22, 2009, Francisco Molina Quevedo crashed into another car on Highway 101. Mr. Quevedo was arrested for DUI and for driving without a license. Witnesses have reported that Mr. Quevedo was trying to pass another car by driving onto the right shoulder at about 90 to 100 miles per hour. After he lost control of the car, he ran into a Jaguar driver Ramone Martinez and passenger Maria Bernal. Ms. Bernal was taken to the hospital with head and hip injuries, but Mr. Martinez and Mr. Quevedo were not injured.

It may be difficult to deal with the aftermath of a loved one’s serious injury or death, but the attorneys at Greenberg & Rudman LLP are here to help you. We are experienced trial attorneys who can guide you through the entire process. Call us now at 1-800-252-9776 (1-800-ALAWPRO) to speak to one of our experienced attorneys about your case. Our website, www.alawpro.com can also provide you with more information about negligence and wrongful death.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: MOTOR VEHICLE ACCIDENT , WRONGFUL DEATH

Bookmark:

The Centers for Disease Control and Prevention have noted that the major risk factors of death by drowning include: lack of barriers and supervision, age and recreation in natural settings, alcohol use and seizure disorders. Although many children drown in swimming pools or lakes and rivers, a significant amount of children also drown in buckets, toilets and bathtubs. There may be a lack of awareness that children are able to drown in such areas, but a simple child lock on toilet seats can be an effective preventative measure.

In December 2007, there was a federal law called the Virginia Graeme Baker Pool and Spa Safety Act which requires that public swimming pools update the drains in their pools to prevent swimmers from being trapped, injured or disemboweled in the drains. The new law requires these drains to be dome shaped, rather than flat, to decrease the amount of surface area that a swimmer can get sucked into. Although the law was put into effect in 2007, the government allowed a grace period of one year for public pools to comply. The deadline is approaching for these new drains to be installed. Approximately eighty percent of the public pools in the country still have not complied with the regulation.

Have you or a member of your family been injured by a public pool drain? Greenberg & Rudman LLP has had years of experience in lawsuits against major insurance companies. We have won millions in verdicts and settlements and can help you in your lawsuit. Call us now at 1-800-252-9776 (1-800-ALAWPRO) to get a free consultation and to find out more about your rights. Our website, www.alawpro.com can also provide more information on the different areas of law that our law firm handles.

Want to learn more about death by drowning? See Part I: CHILDREN MOST AT RISK FOR DROWNING DEATHS—CALL SAN JOSE PERSONAL INJURY ATTORNEY NOW (Part 1 of 2)

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: OTHER COMMON INJURIES , PREMISES LIABILITY , WRONGFUL DEATH

Bookmark:

According to the Centers for Disease Control and Prevention, there were 3,582 fatal unintentional drowning in the United States in 2005. Approximately 710 more people died in boating related accidents, from drowning and other causes. About 25% of the drowning were children fourteen years and younger. People who are involved in nonfatal drowning may suffer memory problems, learning disabilities or loss of basic functions. The CDC found that males were four times more likely than women to be killed in unintentional drowning.

For children between the ages of one and four years old, approximately 30% of those children died as a result of drowning in 2005. It was also found that the drowning deaths of African American children occurred almost 3.2 times more often than those of Caucasian children. The drowning deaths of American Indians and Alaskan Natives were approximately 1.8 times than that of Caucasians. This discrepancy may be explained by cultural differences, such as participation in water activities, access to swimming pools, or higher emphasis to learning how to swim.

Losing a child in drowning accidents is extremely painful, but if there was negligence involved in the incident, then you may be able to recover damages in a negligence lawsuit. To find out your rights and whether you have a lawsuit, contact Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) and speak to a lawyer. Don’t be fooled by other firms who sign up your case but are not prepared to fight for you and take your case to trial. Visit our website, www.alawpro.com and read more about our practice areas.

Want to know more about negligence and drowning? Read Part II: DROWNING DEATHS MAY BE PREVENTED—CALL SAN FRANCISCO WRONGFUL DEATH ATTORNEY NOW (Part 2 of 2)

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WRONGFUL DEATH

Bookmark:

Wrongful death lawsuits can be brought by families of the deceased for medical mistakes, car accidents, criminal attacks, work related exposure to dangerous conditions or substances or death during a supervised activity. In wrongful death suits families may be able to recover damages that include what the deceased may have contributed in terms of financial support, loss of love, or companionship, loss of prospective inheritance and in some jurisdictions, possibly even pain and suffering.

On January 19, 2009, nineteen year old Richard Delgado drove into and killed a 46 year old woman in San Jose. It was reported that Mr. Delgado drove his car into the fence of a house in his neighborhood. He got out of his car and began arguing with the neighbors. He then went back to his house, got into another car and drove into the woman. Mr. Delgado is known in the neighborhood for driving recklessly. He has been arrested on suspicion of murder.

In an unrelated incident on Monday, January 19, 2009, an eighty year old woman, Quy Tran, was struck in a hit and run accident. Ms. Tran was crossing Senter Road at Independence Drive when she was hit. The driver got out of the car, dragged Ms. Tran out of the roadway and then drove away. Ms. Tran is listed as in critical condition.

The families of the woman killed in San Jose, and Ms. Tran could potentially bring wrongful death lawsuits against the two drivers. However, these lawsuits require experienced attorneys to help the families through the process. The attorneys at Greenberg & Rudman LLP are committed to obtaining compensation for victims injured by the negligence of others. We advance all costs and expenses related to your case and we do not recoup these costs unless we collect money for you. Call us now at 1-800-252-9776 (1-800-ALAWPRO) to get a free consultation. Go to our website, www.alawpro.com to get more information on wrongful death lawsuits.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WRONGFUL DEATH

Bookmark:

Owners and operators of amusement parks owe a special duty, or responsibility, to those people who buy tickets to visit the park. The owners/operators are responsible to maintain the park to a certain standard, such as general repair on the rides, or testing for safety. The owners/operators may not be responsible for unforeseeable things such as a spontaneous break in one of the cables that passed inspection the previous day. However, the circumstances vary from case to case and from court to court. One court may decide that an incident was foreseeable and thus the owner was responsible while another court may look at a very similar situation and rule that the owner was not responsible in that case.

On January 23, 2009, the family of Elizabeth Mohl, who died on July 14, 2007, settled their lawsuit with Life Promotions and Air Glory Inc. in their wrongful death lawsuit. Life Promotions and Air Glory, Inc. were the operators of the rides at the Sunnyview Expo Center in Oshkosh, Wisconsin. Elizabeth’s family settled the suit for $1 million. After an investigation of the incident, officials found that the fastener attaching to Elizabeth’s harness was not properly locked and that a safety rope was not properly attached to the harness. Air Glory has been suspended from operating any rides in Wisconsin for one year.

If you or a loved one has been injured at an amusement park, please contact an experienced attorney to make sure that your lawsuit is filed correctly and timely. It is important to know your rights. Greenberg & Rudman LLP has won over $150 million in verdicts and judgments. Call us now at 1-800-252-9776 (1-800-ALAWPRO) and get a free consultation from one of our experienced attorneys. We can inform you of your rights. Please go to our website, www.alawpro.com to read more about our attorneys.