11/21/21 more law content


Accidents can happen just about anywhere you go. If you are at work, traveling, walking, or using any sort of product you can be injured through no fault of your own. Among the most common types are auto accidents or recreational vehicle accidents, slip and falls, medical mistakes and malpractice, equipment malfunction and products liability, and dog bites and animal attacks—just to name a few.

What do you do after an accident or injury?

Many people are unsure if they are entitled to legal help, and even if they are, they are unsure how to go about it.  Several types of accidents may form a valid personal injury claim. If an accident occurs due to negligence by another party, some compensation could be warranted by means of a personal injury claim. Personal injury claims can be filed against an entity or against an individual who has injured you. Please keep in mind that you must know the individual or agency you wish to pursue a claim against. This is a type of lawsuit in which a plaintiff alleges that the negligence or strict liability of another party directly caused or contributed to their injuries. Personal injury claims are filed on the basis of negligence or liability, which are civil, rather than criminal allegations. Not all claims go to trial.

Serious Injuries

An injury is serious if it keeps the victim from moving, speaking, or behaving as they were able to before the accident. Serious injuries that are common in personal injury claims are broken bones, burns, choking injuries, neck and back injuries, and traumatic brain injury. This type of damage is common in preventable accidents.  Knowing your rights in a personal injury case is critical to the compensation you may receive in your case. Sometimes going through the procedures involved in personal injury claims can add salt to the injury. The process involves a complex legal procedure which can be frustrating. It is a lengthy battle to get compensated or that is why it is recommended to seek legal representation.

Insurance Companies

Insurance companies have begun to rely more frequently on the use of surveillance to help them defeat personal injury claims.  Until recently, this was more common in the Workman’s Compensation area than in the personal injury setting such as injures from a car or truck accidents.  The last few years has seen an increase in the aggressiveness of the insurance companies in a general sense, so it should not be a surprise that they are engaging in these kinds of tactics more frequently.

Time Frame

Time must be allowed to determine the full extent and costs of the injuries which are a part of the claim. Quick resolutions do not maximize the client’s recovery. If a lawsuit is needed, your claim may take longer to resolve. Filing a lawsuit does not mean that your case will go to trial. The majority of injury cases that go into litigation are still resolved well before a trial. Do not expect that your case will be resolved quickly just because you have hired an experienced legal representative. While some personal injury claims are resolved swiftly, others can take several months or even years, depending on the circumstances of the case. In most situations it is not in the client’s best interest to accept a quick settlement.


  • What is medical malpractice?

    Medical malpractice, also known as medical negligence, occurs when doctors, nurses, hospitals or other health care providers cause injury or death to a patient by failing to meet the accepted “standard of care.” “Standard of care” refers to how similarly qualified practitioners would have managed the patient’s care under the same or similar circumstances.

    Medical malpractice can apply to misdiagnosis, surgical mistakes and negligence. The most common scenarios that result in a case of medical malpractice include:

    Mishandling of patient records

    Misread x-ray, CT scan, or other test result

    Failure to properly diagnose a condition in a timely fashion

    Failure to promptly respond to patient symptoms

    Surgical errors

    Medication errors

    Failure to prevent injury

    Unfortunately, medical negligence occurs all too frequently across the US and Illinois, harming families in Lake County, Chicago, Waukegan, and across the state.

    If you or a loved one has suffered from a medical error, a medical malpractice attorney can help review your medical records, explain the legal process, and advise whether your situation has legal merit.

  • How do I know if I have a medical malpractice case?

    Far too often, doctors and other medical providers fail or refuse to answer legitimate questions from a patient or the patient’s family about what went wrong with a procedure, medication or diagnosis. One of the best ways to get the answers you are entitled to is to consult a law firm experienced in medical care and procedures. There are many different indicators of medical malpractice, but one of the most common is a dramatically different or unexpected result of medical treatment. One major warning sign can be the medical provider failing to provide a good explanation when the patient’s condition worsens.

    Medical malpractice claims are very complicated to prove – whether you immediately suspect an error due to an obvious indicator, or you are just trying to determine if anyone is at fault.

    All medical records must be reviewed, healthcare professionals and medical witnesses consulted, and sometimes follow-up medical exams / tests are necessary. Any statutes of limitations, caps/limits set by state and federal laws and the severity of the injury are also considered. Because medical malpractice claims are so complex, you should consult an experienced attorney to determine whether your specific situation merits legal action. You have a right to have your medical questions answered.

  • What should I do if I suspect that malpractice has occurred?

    First, if the treatment is ongoing, consider requesting a transfer to another hospital or physician to secure quality medical treatment. Avoid accusing or insulting the health care providers. Request your medical records and have them reviewed by an expert. Document everything. Most importantly, consult an experienced medical malpractice attorney who can help review your medical records, explain the legal process, and advise whether your situation has legal merit.

  • If I have been misdiagnosed is that considered malpractice?

    Not necessarily – medicine is not an exact science, and an honest mistake is not against the law. However, a misdiagnosis may be considered malpractice if your doctor neglects to:

    Get a medical history;

    Recognize the symptoms of an illness;

    Order all appropriate tests for your symptoms; or

    Properly read, or fully take into account test results.

    Some of the medical conditions that are most often misdiagnosed include cancer, fetal distress, heart attacks, pulmonary embolism, and meningitis in a young child.

    Remember that although a misdiagnosis can be very upsetting, unless it has caused injury or physical harm, a medical malpractice suit would have no legal merit.

  • Is there a statute of limitations for filing a medical malpractice lawsuit?

    The statute of limitations for a medical malpractice lawsuit varies from state to state and normally ranges from 1 year to 7 years. There are also special statutes of limitation that apply to federal, state and local governments and their agencies. Because of these specialized statutes, you should contact an experienced malpractice attorney as soon as you suspect medical malpractice in order to protect your rights.

  • Will I need an expert to prove that I was injured by medical malpractice?

    An expert medical witness is almost always required because your attorney must prove what should or should not have been done in your particular case (to demonstrate “standard of care”). In order to establish that standard of care, a professional with the related education, experience and skill is consulted.

    Many medical malpractice lawsuits are won or lost based on the effectiveness of the expert medical witness. An experienced medical malpractice lawyer is familiar with and understands which medical witnesses are appropriate for specific types of medical situations.

  • If I signed a waiver or consent form, have I waived my rights?

    All medical treatment must be provided with the patient’s informed consent, except in cases of extreme emergency. Patients sign a general consent form upon hospital admission and a more specific consent form prior to an invasive procedure or operation. These forms indicate that the doctor has fully explained the medical problem, treatment and risks to the patient, and that the patient had an opportunity to ask questions. However, if a doctor fails to provide the appropriate standard of care, a signed consent form does not waive a patient’s right to bring a medical malpractice claim.

  • Can I find out if my doctor has had any medical malpractice claims?

    Unless your doctor has been disciplined by your state’s licensing board, you may not be able to find out about any medical malpractice claims. Some states have created an on-line database with medical malpractice information for the public to access – but not all states have this resource.

    If you want to find out if a physician has any malpractice suits or complaints on file, contact the state medical board for more information. Keep in mind, however, that states vary and some medical boards cannot release this information to the public. For a listing of state licensing boards, visit the Federation of State Medical Boards’ main web site: www.fsmb.org and select the “State Medical Board Info” link.

    You can also consult these additional resources: http://www.fsmb.org/directory_smb.htmlhttp://www.fsmb.org/smb_overview.htmlhttp://www.ahrq.gov

  • Can I get a copy of my medical records?

    Patients have a legal right to obtain copies of their medical records. Typically you just need to submit a written request to the medical facility where you received treatment. This request will include your name, your social security number, your date of birth and any applicable patient numbers. Start by contacting the medical facility and asking if they have a request form and to whose attention you should send the completed request. Note there is often a per-page copy charge for your records.

  • What type of settlement can I expect if I have been a victim of medical malpractice?

    Damages for medical malpractice vary depending on the individual, the injury and circumstances. There are also laws that limit total compensation amounts depending on the injury. Compensation may cover medical bills, pain & suffering, lost wages, lost earning potential in the case of permanent disability or wrongful death, lifetime care benefits, and other expenses that result from the malpractice.

    There are many factors that affect a settlement/compensation amount – an experienced medical malpractice lawyer can determine the amount of compensation you are entitled to and help protect your interests in a malpractice claim.

  • My child has been diagnosed with cerebral palsy, and I want to know if that was caused during the labor and delivery process?

    There are many causes of cerebral palsy other than medical negligence. Nonetheless, it is well documented in the medical literature that a significant number of children are born each year with brain damage resulting in cerebral palsy and other types of brain damage directly caused by medical negligence during pregnancy and during the labor and delivery process.

    One of the most common types of this medical negligence is the failure by the nursing staff, medical residents and obstetricians to monitor the baby’s fetal heart status during labor. In almost every labor, your baby’s heart status will be monitored with an external or internal fetal heart monitor. This monitor prints out data that allows the medical care provider to suspect or know that your baby may not be tolerating the stresses of labor, and so a delivery by c-section is needed. Unfortunately, it is too often demonstrated that nurses, residents, and even some doctors are either incompetent or do not take the time to properly interpret the fetal heart monitor data. This can result in the profound tragedy of infant brain damage which could have been completely avoided.

    Other medical errors that can leading to bleeding in the baby’s brain, oxygen deprivation to the baby’s brain, or other brain damage to the baby include the misuse of the drug Pitocin during the labor process, the misuse of forceps or a vacuum extractor during delivery, and a failure to recognize that the labor process is simply taking too long.

    Often the specific diagnosis of cerebral palsy is not made until a number of years after birth. Parents recognize that their child is not meeting the usual milestones for physical or mental development, but they do not get satisfactory answers from their pediatrician regarding the cause of this delay or whether the delay is related to something that occurred during pregnancy or the birth process. An experienced medical malpractice attorney can help determine whether these delays are due to birth injury or medical negligence.

    Unfortunately, there is too often a lack of communication between the labor and delivery nurses and the obstetrician. Sometimes the obstetrician is simply too busy with other matters to be in attendance during the critical times of the labor. Other times the obstetrician may inappropriately rely upon residents who do not have the same experience and knowledge as the obstetrician. Often a parent can sense that something is going wrong even when none of the medical care providers are being candid about what might have occurred. Labor and delivery is a stressful and complex time for your baby. Unfortunately, things can go wrong which have absolutely nothing to do with medical negligence. But if you have a suspicion that may have occurred which resulted in damage to your baby, you have an absolute right to have the issues investigated. The best way to get your questions answered is to use an experienced medical malpractice attorney to conduct an outside/independent expert review of the record.

  • Our daughter has really not used her right hand or arm since she was born. Our pediatrician tells us that this should go away with time, but we are becoming more and more concerned. Was this result of medical negligence, and can we do anything about it?

    What you are describing sounds like an injury to the brachial plexus nerves in your child’s arm. A stretching or avulsion of these brachial plexus nerves is often caused by what is known as shoulder dystocia at the time of delivery. This is where your child’s shoulder does not deliver spontaneously after the head is delivered. This can result in an Erb’s palsy or a Klumpke’s palsy to your child’s arm which can limit not only the use of the arm, hand and fingers; but can also result in a shortening or other deformity of the arm as your child grows. While your pediatrician is correct that most of these injuries will correct themselves during the first year or so of life, it is very important that your child receive expert diagnosis and therapy early in life to maximize the chances for recovery. In the past few years, specialized surgical procedures in specialty centers around the country have also been developed to help with recovery.

    Shoulder dystocia is a recognized complication that all obstetricians and labor and delivery nurses are or should be aware of. Sometimes dystocia can be anticipated and an injury avoided. For example, it has been established in the medical literature that mothers suffering from gestational diabetes, shoulder dystocia in a prior pregnancy, or other risk factors have a higher incidence of shoulder dystocia. When this is recognized and treated by such things as maternal diet, ultrasonic monitoring of the fetal growth, an elective c-section delivery, injury to the baby can be avoided.

    When shoulder dystocia is encountered, labor and delivery nurses as well as obstetricians should be fully trained in the maneuvers that can be employed to safely deliver the baby. Unfortunately, in this day and age, the delivering physician is often someone who the mother has never met during the prenatal care or even during most of the labor, and that physician is taken by surprise when a dystocia occurs. This can sometimes result in excessive being used to deliver the impacted shoulder resulting in an injury to the brachial plexus and a condition of Erb’s palsy or Klumpke’s palsy to the baby. Not surprisingly, parents often suspect or somehow know that something was just not right during the maneuvers and delivery following the shoulder dystocia.

  • My wife complained to her gynecologist for more than a year about excessive discharge and bleeding. Her gynecologist assured her that Pap smears were normal and that nothing else could be done. My wife has now been diagnosed with Stage IV ovarian cancer. Why didn’t the Pap smear show something, and what else could her gynecologist have done?

    Unfortunately, while there is no doubt that women of a certain age should be receiving regular Pap smears, the limitations of a Pap smear in diagnosing the early stages of cancer are well known in the medical community. It is for this reason that a gynecologist needs to pay close attention to the complaints and symptoms of a patient. In certain cases, a Pap smear is simply not sufficient to diagnose early cancerous changes, and a gynecologist could be responsible for failing to order further diagnostic tests.

  • I drove my husband to the Emergency Room with chest pain. We sat there for more than two hours before my husband was finally examined. By that time the chest pain had basically gone away, and my husband was simply told to follow up with his family doctor the following week. Unfortunately, my husband died from a heart attack before he could be seen, and our family doctor told us nothing could have been done to prevent the heart attack. Is this true?

    While it is true that every heart attack or stroke cannot be prevented even with the best medical care and treatment, your question can only be answered after an expert review of the medical record in this case. This would include a study of such things as your husband’s health history, the complaints he made in the ER, and the type of questions that were asked and tests that were run by the medical staff in the ER. The loss of a loved one is a difficult and tragic enough event without the added burden of wondering whether the loss could have been prevented by proper medical care. An evaluation by a qualified medical malpractice attorney and independent expert review should be able to answer that question one way or the other. If there was medical negligence, then appropriate action can be taken. If there was no negligence, you will at least be able to put that one concern to rest.

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    Vehicle Accidents | Wrongful Death | Medical Malpractice | Slips and Falls | Brain Injuries | Construction Accidents | Products Liability | Spinal Cord Injuries | Worker’s Compensation | Dog Bites and Animal Attacks | Other Types

    Personal Injury: Products Liability

    Dangerous Drugs or Defective Medical Devices
    Pharmaceutical manufacturers conduct extensive testing before receiving permission from the FDA to release a new drug. Despite the testing, manufacturers oftentimes put consumers at risk to maximize profits. Too often the dangerous health risks and side effects of drugs are minimized or even hidden.

    The key to a case dealing with dangerous drugs is whether there was improper labeling or insufficient warnings. Our lawyers work with scientific and medical experts to determine exactly what caused a client’s death or injury and whether or not the labeling or warnings were adequate. Armed with that knowledge, a claim can proceed successfully.

    Medical devices may have manufacturing defects, design defects, or may have been negligently maintained or utilized by a health care provider. While the United States Supreme Court has limited the rights of particular victims of defective medical devices, a failure to meet FDA requirements or negligent maintenance or usage still exposes manufacturers or health care providers to liability for injuries caused by the product.

    Defective Machinery
    A manufacturer or distributor of a defective machine or an unsafe tool is responsible for any injury or wrongful death resulting from the use of the product. The manufacturers have a responsibility to see that products are designed to be reasonably safe for the intended user, that products are properly manufactured to meet safety standards, and that clear warnings and instructions on how to safely use the product are provided. If you or someone you care about has suffered an injury while using a tool or a machine and you suspect defective equipment, please contact our office to arrange a free consultation. At the same time, obtain the contact information of any witnesses, take photographs of the dangerous product, take photographs of injuries, and save the product, its packaging, and any available instructions. We work closely with scientific experts and accident reconstructionists to determine what caused the injuries and whether it is the result of a defective product.

    Motor Vehicle Defects
    When investigating a motor vehicle accident, an issue to always consider is what role the motor vehicle played in the accident. Aside from human error, was the accident caused by a defective motor vehicle or was the motor vehicle able to reasonably absorb the accident, i.e., was the motor vehicle crash-worthy?

    Accidents that may seem to have been caused by human error or bad weather could have been caused by such things as defective tires/tread separations or instability leading to an SUV rollover accident. Once an accident occurs, the vehicle’s crash-worthiness needs to be examined, particularly for such things as defective seat belts, defective head restraints, or defective deployment of airbags.

    Defective Products

    There are many defective products that cause damage for which a claim can be brought:

        •    Tools
    •    Cleaning products
    •    Prescription drugs
    •    Toys
    •    Beds
    •    Electric equipment
    •    Fireworks
    •    Car parts
    •    Food
    •    Vehicles
    •    Batteries
    •    Light fixtures
    •    Playground equipment
    •    Changing tables
    •    Wrapping material
    •    Fire causing agents

    Contact the Hilbrich Law Firm to discuss your case with us.

    Call us at 1-877-877-LAW2 (5292) or send us an email to [email protected]



    A Car Accident Lawyers will
    provide you a Free Consultation.
    They accept no fee until we recover money for you. Their fee comes only
    from a successful case settlement.


    Car Accident Lawyer presents a threat to the insurance company which
    they always need.
    may need a lawyer because of complex legal rules involved in your
    claim, or simply because an insurance company refuses to settle a
    matter in good faith. A lawyer is the key to a fast settlement.

    A Car Accident Attorney
    will significantly effect the final value of your case. A Lawyer seeks
    compensation for your loss including pain and suffering when :

    1. Death is caused;
    2. A fractured bone is suffered;
    3. Permanent and serious disfigurement is caused;
    4. A “sense” is lost such as hearing, sight, taste or smell;
    5. Loss of a body member is suffered;

    ACar Accident Lawyer
    first determines liability, the party who is at fault or negligent.
    Proof of
    any one of the elements above typically require that you obtain your
    medical records. Your Lawyer may obtain your medical records for you
    upon receipt of your written consent typically in the form of a Release.


    Personal injury law is
    also known as Negligence law. A negligence act is described as “a civil
    wrong or wrongful act, whether intentional or accidental, from which
    injury occurs to another. Personal Injury Law includes all negligence
    cases as well as intentional wrongs which result in harm. Negligence
    falls under three categories:

    purposely inflicting injury.

    Negligent– causing an
    accident that results in injury.

    – manufacturing,
    marketing or selling defective products that resultin injury.

    The most common grounds
    for a civil lawsuit involve negligence. These include motor vehicle
    accidents, motorcycle accidents, pedestrian accidents, swimming and
    diving accidents, boating accidents and premises liability (slip and
    fall) accidents. When an accident occurs due to negligence, the injured
    party may file a claim against the negligent party to recover all their

    In order to prove
    negligence, you must establish your claim with the following facts:

    The other party was negligent.

    Their negligence caused the accident.

    Damages– You
    suffered damages as a result of the accident


    A Personal Injury Lawyer
    brings years of professional experience to calculate the extent of
    monetary damages.

    compensation claim against another, however, is based upon two facets:
    the issue of liability and the calculation of damages.

    element of the claim where an insurance carrier assess who was at

    generally include medical expenses, property damage, pain and
    suffering, current and future loss of income, loss of enjoyment and in
    certain cases, punitive damages.


    A Personal Injury Lawyer
    prevents insurance company delays which in time will bar the cause of

    Statutes of limitations
    restrict the time period that a person can file a lawsuit. These
    statutes not only vary by state, but they also vary by cause of action.
    If a cause of action is not filed within the statutory period it will
    be barred.

    If you or
    someone you know has suffered due to

    a personal injury, a
    personal injury lawyer can help.

    to helping the injured


    Around three am on January 7, 2010, a semi-truck hauling 50,000 gallons of crude oil was involved in a single vehicle rollover right outside of Heber City on U.S. 40. The truck accident resulted in an oil spill that required the Utah High Patrol to stop westbound traffic until the Utah Health Department could send the hazardous material cleanup crew. Fortunately, nobody was injured in the trucking accident and the cleanup was completed in a couple of hours.

    The second large truck accident this morning occurred on eastbound Interstate 80 when the driver of a dump truck lost control and rolled. The Deseret News reports that the driver sustained multiple injuries and was taken to a nearby hospital for treatment. Luckily, no other vehicles were involved and there were no other reported injuries. However, traffic was affected—during rush hour. Authorities are not sure why these truck drivers lost control of their vehicles and caused significant accidents on Utah roads. Investigators are looking into the possibility that the drivers were driving impaired by driver fatigue or inattentiveness. They have not ruled out whether the trucks mechanically malfunctioned.

    Most people agree that they would rather have semi-truck operatives travel at night or early morning to avoid driving with the average commuters. However, some people are beginning to question whether the odd driving hours present a safety hazard. They wonder how successful long haul drivers are with coping with drowsy driving especially when traveling in the dark. Others question whether semi-truck operatives follow the speed limit during their long hauls.

    National Statistics on Big Rig Accidents in Utah

    Authorities report that large truck operators have several unique obstacles when driving across the country these include:

    • Unfamiliarity with the roadway
    • Driving too fast for conditions
    • Maneuvering truck in a manner not designed for the weight or load
    (which can off balance the entire truck and its load)
    • Inattention
    • Fatigue
    • Illness
    • Distraction by passengers
    • Low visibility of smaller vehicles

    Statistics from Fatality Analysis Reporting System (FARS) and the Motor Carrier Management Information System (MCMIS) report that an average of 5,000 large trucks are involved in fatal traffic accidents each year. Tractors pulling one semitrailer are the most common truck involved in a fatal trucking accident. MCMIS also reports that around 136,438 large trucks were involved in non-fatal crashes. From these statistics, it is obvious that motorists must be extra cautious when driving near semi-trucks and other large trucks. Even if a truck does not hit another vehicle, it can still be a lethal instrument. For instance, a trailer could jackknife across a highway, obscure other drivers’ sightlines, or push cars out of lanes.

    The laws for dealing with the aftermath of truck accidents can get quite complex. Fortunately, if you’ve been injured in a truck accident around Salt Lake City, Orem, Bountiful, or Draper Utah, you can rely on the time-tested attorneys at Christensen Law Firm, PLLC. Dial us at (801) 506-0800 or contact us at UtahPersonalInjuryLawFirm.com to find out more about our unique practice and to explore setting up a free consultation with our team.


    Enhance Your Medical Treatment with Physiatry

    Personal injuries resulting from automobile, bicycle and motorcycle accidents often times affect various parts of the human body, necessitating different forms of medical treatment and specialization. Physiatrists coordinate multiple areas of medicine for an all-inclusive approach to treating a patient who has sustained numerous injuries.

    Case Study

    In 2007, when my client Maria was involved in a pedestrian verses automobile accident in Utah, she sustained spinal cord injuries, a broken leg and head trauma. Clearly, Maria had a long road to recovery ahead of her. Her physiatrist coordinated the medical treatment to enhance and build upon each other with the goal of bringing Maria to her maximum medical recovery stage in the most efficient and thorough manner.

    Consequently, Maria was able to treat with an orthopedic surgeon to repair her broken femur and a physical therapist to restore strength and mobility. Maria then treated with a chiropractor and massage therapist for her neck and back pain. Finally, the symptoms of post traumatic stress disorder (PTSD) that Maria suffered from her minor head injury were addressed by a licensed psychologist.

    What is Physiatry?

    • Physiatry, commonly referred to as Physical Medicine and Rehabilitation (PM&R;) is a specific area of medicine that takes on a comprehensive approach to solving neurological and musculoskeletal problems within the human body using less invasive procedures than surgery.

    • Physiatrists are medical doctors who aim to find the source of pain symptoms their patients have and treat the ailment holistically until the patient has reached his/her optimal functional capability.

    • Physiatrists emphasize the importance of addressing all the intricate parts associated with the illness, disability or injury in order to restore one back to his/her best possible health.

    Comprehensive Plan of Physical Medicine and Rehabilitation

    Physiatrists take on a multidisciplinary approach to treating patients that have a broad range of personal injuries and medical ailments. These conditions include:

    • Chronic Pain Management
    • Traumatic Brain Injury
    • Spinal Cord Injury
    • Amputation
    • Sports Injuries
    • Accident Injuries
    • Stroke
    • Musculoskeletal Pain syndromes
    • Nerve Pain
    • Neck and Back Pain
    • Psychological Issues

    According to the American Academy of Physical Medicine and Rehabilitation, the complete plan of physiatry may include a large range of medical doctors and medical professionals. To give you an idea of how broad these health professionals are, following are a few that victims of personal injury accidents commonly treat with:

    • Physiologists
    • Physical Therapists
    • Chiropractor
    • Massage Therapist
    • Occupational Therapists
    • Speech Therapist

    Your Health is the Priority of the Christensen Law Firm, PLLC

    There are many Salt Lake City personal injury attorneys that promise fast settlements and quick cash into your pocket. However, this is not always wise or best for your interests if you have been injured in an accident. Your health is the number one issue to address when you have sustained injuries. The experienced attorneys at The Christensen Law Firm are committed to ensuring that your medical treatment is complete, meaning that you are brought back to the best possible health you can be following a personal injury accident. We will ensure you medical treatment is covered by the at fault party’s insurance and that you receive a full and just settlement for your damages and suffering. For a Free, NO obligation consultation by one of our experienced Utah personal injury attorneys, please call 801.506.0800.


    The type of insurance coverage that you are probably most familiar with is automobile insurance coverage. An automobile policy may include several different forms of coverage. Within one policy there may be liability coverage, there may be medical expense coverage, there may be collision coverage, and there may be uninsured motorist and underinsured motorist coverage. Each of those types of coverage is dramatically different and each of them has a different objective.

    Liability coverage is designed to protect you, the insured, in the event you are involved in a collision in which some other person is injured as a result of your alleged negligence. If a person is injured and they contend that you are negligent, then they may assert a liability claim against you for their medical expenses, lost wages, pain and suffering, resulting disabilities, disfigurement, etc.

    Your liability insurance policy would cover you in that instance by providing you with an attorney to defend you in that claim and by indemnifying (reimbursing) you for any judgment rendered against you in that case up to your policy limits. If your policy limits are fifty thousand dollars, but the judgment entered against you is for five hundred thousand dollars, then your insurance company is only obliged to pay fifty thousand dollars. The remaining four hundred and fifty thousand dollars may come out of your pocket.

    Also within an automobile insurance policy there may be comprehensive coverage. Comprehensive coverage is a type of first party coverage wherein you may make a claim against your own policy as a result of damage to your vehicle. If your vehicle was damaged in a collision and you do not wish to or cannot assert a claim against the other party (or if you were at fault), then you may make a claim against your own policy under your collision coverage. Your insurance company will then pay you for the repair cost of your vehicle. In the event your vehicle is totaled, it will pay you the fair market value for that vehicle. If someone other than you was at fault, your insurance company may then have a right of recovery against that other driver.

    Most forms of collision coverage do carry a deductible. This means that you would only be compensated by your insurance carrier for the amount of money that exceeded your deductible amount.

    Auto insurance coverage also offers what is referred to as medical expense coverage or personal injury protection coverage. This is a type of first party coverage wherein you may make a claim against your own insurance company for medical expenses incurred as a result of a collision. If you are injured in an automobile collision while in your car, you can make a claim against your policy for payment of your medical expenses to the extent that they were reasonable and necessary as a result of this collision. If you are a passenger in someone else’s vehicle, then, assuming there is medical payments coverage for the vehicle you are riding in, you can also make a claim for medical payments under that policy. You may be able to make a claim for medical payments under both your policy and the policy of the vehicle you are riding in.

    Another form of coverage under a typical automobile insurance policy is uninsured motorist and underinsured motorist coverage. This is a very important form of coverage because it protects you in the event that you are involved in a collision that is the fault of an uninsured or underinsured motorist.

    Example:Suppose you are hit from the rear by a vehicle that is uninsured and you are injured. You could sue the driver of that striking vehicle, but he or she may have no assets to pay any judgment that you may obtain against him or her. In that instance, your own uninsured motorist coverage would apply. In such an event your insurance company could essentially step in and defend that uninsured motorist, or at least take a position that is contrary to you, by challenging your claims for uninsured motorist benefits.

    The same basic principle would apply if that striking vehicle was underinsured.

    Example:Suppose the vehicle that struck you from behind has twenty-five thousand dollars in coverage but your medical expenses as a result of the collision are fifty thousand dollars. The striking motorist would then be underinsured. If you got a judgment for your medical expenses, he or she may not be able to pay it. His or her insurance policy would pay the first twenty-five thousand dollars, but anything beyond that would be covered by your policy to the extent that you had underinsured motorist coverage.

    Uninsured motorist coverage is a very broad form of coverage.
    Even if you are a bicyclist or a pedestrian struck by an uninsured
    motorist (or by a hit-and-run motorist), you may make a claim
    for and recover under your own uninsured
    motorist coverage.

    If you are struck by a hit-and-run motorist, you may make a claim under your own uninsured motorist coverage.


    General Tort Law

    As citizens, we all have an obligation to serve as jurors when summoned. Your summons to appear as a juror may come from a state court or from a federal court. Jurors are chosen by different means in different jurisdictions. Some jurisdictions draw from records of the Department of Motor Vehicles, property owner records, and voting records. Other jurisdictions may draw from only one or two of these things.

    Lawyers and judges have debated the merits of how jurors should be chosen for many years. Most judges probably think that jurors should be drawn from voting lists and also from property ownership roles because that tends to produce a group of potential jurors that are more involved in the community. People that are simply listed with the Department of Motor Vehicles as being licensed drivers but who are not voters or property owners may be less involved in their community. The merits of the respective positions on that issue lay in the eyes of the beholder.

    In any event, if you are called as a juror, you must respond unless you are subject to one of the exemptions that applies in your jurisdiction. Over the last several years, the number of exemptions that have applied has been narrowed in most states. It used to be that the exemptions were so broad that the court frequently was left with the only eligible jurors being housewives. That is not in any way to diminish the ability of housewives to decide the merits of litigation, but the goal of a jury trial is to provide a trial by one’s peers. That is not accomplished if the jury is limited to a narrow segment of the community.

    When you are called as a juror, you will have the opportunity to state any particular problems you may have with serving. In most instances, however, unless the reason you cannot serve is extremely compelling and virtually of an emergency nature, then your excuse for not serving will likely be rejected by the court.

    Your initial selection for service in a courtroom is a matter of a random draw. A certain number of jurors will be sent to a particular courtroom assigned to a judge who has been assigned a particular case. Once you are sent to that courtroom, you may be asked certain preliminary questions that are designed to determine whether there is something that would automatically disqualify you from jury service. Then the lawyers (or, in some cases, the judge) will have the opportunity to conduct what is called voir dire, a questioning process to determine whether you have any particular bias or interest in the outcome of the case. If you do, you may be dismissed from service for that reason.

    If a case is going to last for several days, alternate jurors may be chosen. Typically, those alternate jurors will not be identified to the jury members themselves, since the knowledge that you were an alternate may affect the level of attention that you would apply to the case. Once all of the evidence is concluded and the closing arguments have been completed, the alternate
    jurors may be excused.

    One thing that frequently comes up during the course of jury service is whether jurors are allowed to take notes or to ask questions during the proceeding. That is a matter of discretion of the individual judge and can vary dramatically from state to state and from courtroom to courtroom. Some judges allow jurors to take notes; others do not. Some judges allow jurors to ask questions, while others do not.

    Some judges allow jurors to take notes; others do not.

    The logic behind the jury system is this: since the parties themselves are not able to resolve the particular dispute that has been brought to the courtroom, the best way to resolve the dispute is to have a group of unbiased citizens hear the evidence (in an objective fashion) and then decide that case fairly, based solely upon the evidence presented to them in the courtroom. Trial lawyers will tell you that the jury system is the great equalizer. The poorest citizen in this country can sue the mightiest corporation, and when those two parties come before a jury, they are equal. The jury is to treat each party with the same respect and attention.

    The proponents of tort reform maintain that the jury system is a system that has gone awry. They maintain that jurors frequently award outlandish sums for ridiculous cases. Although it is not unheard of that juries do sometimes runaway, that is very much the exception. Even if the jury does do something that is contrary to the evidence and the law as given to them, the trial judge always has the authority to correct that by reversing the jury verdict in a criminal case if the defendant was wrongfully convicted or in a civil case by reducing the amount of the verdict if it is too high.


    General Tort Law

    Why do I need a lawyer?
    With the help of an experienced motorcycle accident lawyer, you can greatly increase your chances of receiving compensation for your injuries and losses resulting from your accident.  At the Law Offices of Spingarn & Associates, P.A., the legal team has the experience that you are looking for along with an aggressive attitude toward your case.  Your lawyer should fight for your rights and advocate your best interests.

    What should I do if I was injured in a motorcycle crash?
    As soon as you have received the proper medical attention, it is very important that you speak with a lawyer who can help you.  If you believe that you were not at fault in the accident and you were severely injured, you could be entitled to compensation.  If you have any questions about whether you have a lawsuit, please contact the Law Offices of Spingarn & Associates, P.A.  Their attorneys are very familiar with motorcycle accident cases in Florida and they will be able to give you the answers you need.

    What if my family member was killed in a motorcycle accident that was not his or her fault?
    Though nothing could ever compensate you for the death of a family member, filing a wrongful death suit could be an option.  Not only could you be monetarily compensated for any expenses resulting from your loved one’s death, you could also recover damages for non-financial losses such as loss of companionship, suffering and emotional trauma. 

    What can I be compensated for if my case is successful?
    You could recover compensation for any and all financial hardships brought upon by the injury.  Non-financial losses can be recovered as well.  For example, you could be entitled to receive monetary compensation for your emotional suffering, loss of consortium, loss of companionship, loss of enjoyment of life, pain and mental suffering.  Mr. Spingarn and his associates will work tirelessly with the ultimate goal of getting you the maximum amount of compensation.

    What if the person who hit me was driving drunk?
    Not only is drunk driving illegal, it is also extremely dangerous.  If you were seriously injured due to a drunk driver, you could recover compensation for your injuries.  It is crucial that you speak with a lawyer who is familiar with motorcycle accident law in Florida.  You can get the help you need at the Law Offices of Spingarn & Associates, P.A.

    What areas can the Law Offices of Spingarn & Associates, P.A. help me with?
    Mr. Spingarn and his legal team can offer you legal support and information in many areas of motorcycle accident law, including the following:

    Contact a Ft. Lauderdale Area Motorcycle Crash Lawyer at the Law Offices of Spingarn & Associates, P.A. if you have been injured in a motorbike collision in Florida.  Mr. Spingarn and his legal team serve injured clients throughout Broward County, Palm Beach County and Miami-Dade County.

    If you have been injured in a car accident in Decatur, such as being rear-ended by an 18-wheeler tractor-trailer, you are wise to consider hiring a Decatur personal injury lawyer after you were involved in a car wreck.

    However, first things first, you need to seek medical attention for your injuries. Hopefully, you were taken by ambulance from the scene of the car accident in Decatur to a local hospital’s emergency room.

    Do not be concerned about any of the medical bills. The at-fault driver’s auto insurance company should pay for all of your medical bills, your emergency room bill, doctor’s bill and ambulance bill. You also deserve compensation for any lost wages as well as compensation for pain and suffering resulting for the car accident in Decatur.

    Additionally, if you are still in pain, discomfort or suffering with soreness or stiffness, get subsequent medical treatment through doctors you know. You may need an MRI of a part of your body, such as your neck, back, leg or arm that will be done at no cost to you either.

    Take care of yourself first and get on a medical treatment plan while you search for a Decatur personal injury lawyer after your car accident in Decatur. When searching for a Decatur personal injury lawyer who is right for you, contact as many local Decatur personal injury lawyers as you wish and go with the one with which you are most comfortable. Ask any question that comes to mind.

    As a personal injury client, after suffering the traumatic event of being injured in an auto accident, you should feel comfortable enough with your Decatur personal injury lawyer to ask anything. Look over each Decatur personal injury lawyer’s website. Watch informational videos by Decatur personal injury lawyers which will help you get to know that Decatur personal injury lawyer’s demeanor, character, approach as well as other important traits you may be looking for in the Decatur personal injury lawyer you want to hire.

    Some good traits to look for in a Decatur personal injury lawyer are honesty, compassionate, caring, feisty, focused, diligent and invigoration by working personal injury cases. Obviously, that is not an exhaustive list of positive traits to look for when searching to hire a Decatur personal injury lawyer to handle your personal injury case.

    Also, important to mention, Decatur personal injury lawyers are compensated on a contingency fee, which means you do not pay the Decatur personal injury lawyer an hourly rate or retainer fee to work on your case. The Decatur personal injury lawyer only receives payment from the opposing insurance company if there is a settlement offer that is acceptable to you or a jury verdict after a trial.

    Keep in mind during your search for a Decatur personal injury lawyer that you are too important to just be considered a number, you are too important to be treated as just another client and your personal injury claim should be so important to you that you diligently pursue the Decatur personal injury lawyer you believe is right for you, who will fight to get the compensation you deserve.


    Personal Injury Attorneys of Los Angeles
    has a team of experienced, aggressive attorneys and support specialists
    who has handled hundreds of personal injury cases resulting in millions of dollars in settlements and verdicts? Our clients trust our ability and reputation to take on the “Big Boys” and win.

    Any time you are injured or a loved one has an injury contact an attorney immediately. Our law firm can assist you in dealing with your claim.

    An attorney will evaluate the case and determine whether or not
    the other party is liable for damages. In a free consultation, our attorney will look at both the legal and medical claims.

    Personal injury cases are handled on a contingency fee basis which means you do not have to pay the attorney until you collect your settlement for damages.

    Should you try to settle the case yourself? You may end up giving up claims and opportunities for settlement recovery for your injuries,
    such as the possibility of an injury getting worse or your claim being undervalued by a claim adjuster who works for the insurance company.

    At the free consultation, the attorney will also look at the case and your injuries to evaluate its merit. An attorney will not invest time in a case that appears to be a loser. That opinion can help you in resolving the matter.

    Our attorney will consider your personal injury specifics and advise you regarding a realistic settlement claim amount.

    Our attorney will provide advice about dealing with your doctor,
    your injuries and when to begin negotiation with the insurance company.

    See a Lawyer for more information.

    We are experienced attorneys and we have handled
    hundreds of personal injury cases resulting in millions of dollars.
    Our clients trust our ability to obtain the largest cash settlement.

    All of our personal injury cases are handled on a contingency basis which means we are compensated only after making a recovery for you.

    If you need to sue your company, an insurance company or file a class action suit or otherwise take on the “Big Boys” you need to be experienced,
    aggressive attorneys on your side.


    The numbers are staggering. Over 100,000 pedestrians are injured every year, and more tragically, approximately 60,000 of these pedestrians will die from their injuries. On the face of it, it would seem that the motorist would always be at fault, but that’s not always the way the negligent party, insurance company or the other side’s lawyer sees it. There are no slam dunk cases. Andrew knows the suffering, medical bills, stress, loss of wages and trauma a pedestrian can suffer from the negligence of a taxi, truck, motorcyclist, bicyclist, bus or any other commercial vehicle that hits a pedestrian. From exceeding the speed limit, failing to stop, failing to yield in a cross walk or the right away, or just simple inattention or carelessness, we make sure that you, our client, has your medical bills, wages, continuing care and pain and suffering compensated and paid in full. Andrew G. Toennies is on your side and you’re in capable hands.

    Auto Accidents

    Auto accidents are a fact of life. Almost everyone will be involved in at least one auto accident during their lifetime. Thankfully, most of us will walk away unscathed and with minimal damage to your car. Car accidents run the gamut. Negligent and dangerous drivers come in many forms including drunk drivers, speeding drivers, inattentive drivers, angry drivers and many more. The damage to your auto is just the beginning. Life-altering injuries can effect you and your family for a lifetime. Lost wages, pain and suffering, therapy, mental anguish and even the death of a loved one, can be just some of the challenges and tragedies one faces in the aftermath of an auto accident. Andrew understands what you’re going through and he’s going to hold people accountable, and get every penny your due from the guilty parties, insurance companies and other negligent parties.

    Motorcyle Accidents:

    Motorcylces are a part of the culture, folklore and woven into American culture. Who doesn’t enjoy the open road, the thrill of hearing a revving engine or the site of great looking bike? As fun as motorcycles are, they are one of the most common, dangerous, severe and fatal type of accidents one can be involved in. Without the protection of an auto body/cabin, the stability of four tires, airbags, seatbelts and other safety features that one takes for granted when driving a car, truck or van, motorcycle accidents are messy. Andrew G. Toennies understands the mechanics, specifics and details of a motorcycle accident and how to represent cyclists, passengers or families of individuals paralyzed, severely injured, or killed in a motorcycle accident.

    Semi-Truck Accidents:

    America’s economy and goods depend on trucking. If you travel the highways or roads of Missouri and Illinois, chances are you are surrounded by commercial trucks. Obviously there size and weight (usally 27 times that of a standard automobile) makes them more of a hazard to motorists operating standard vehicles. As well regulated as trucking is, there are still bad characters with little regard for you and other motorists, or just drivers that are fatigued or just find themselve involved in serious, even deadly accident. If you, or someone you love, has been injured, or even killed in an accident involving a truck, time is the enemy. Trucking companies and negligent parties may try to “sanitize” the accident scene, remove evidence or otherwise tamper with or alter “facts” of the accident. Andrew G. Toennies understands the complexities of these kinds of accidents and how to represent your interests againt insurance companies, trucking companies and negligent parties. Andrew is ready to help you and your family put your life back together and move ahead.



    Handling cases of Serious Injuries and Wrongful Death caused by Auto Accidents, Trucking Accidents, Big Rig Accidents, Defective Products, Road Hazards, Defective Road Design and acts of Corporate Negligence

    • EVERY 16 MINUTES OF EVERY DAY, another person in the United States will be injured or killed in a truck related accident.
    • Over four hundred and fifty thousand large trucks were involved in crashes last year.
    • Over one million people were involved in the crashes.
    • Over five thousand people were killed.
    • Over one hundred and forty thousand people were injured.
    • One third of the injured suffered catastrophic damage.

    EACH YEAR THOUSANDS of motorists and big rig drivers are killed and maimed by the negligent operation of big rigs by their drivers and by trucking companies. Semi-truck drivers and the companies they work for have a duty to operate their vehicles in a safe and responsible manner. Unsafe driving, oversized loads and various other treacherous practices put the public and the truck operators in danger.

    Large trucks commonly referred to as “semi” trucks and “tractor trailer” trucks (gross vehicle weight of over 10,000 pounds) represent only 3% of all registered vehicles on the road, yet they account for over 25% of passenger vehicle occupant deaths in multiple vehicle accidents.

    These are alarming statistics, but more alarming is the reality. The following excerpts are taken from local Sacramento newspapers regarding Northern California trucking accidents:

    Oct. 31, 2001 – A big rig heading south on Highway 101 lost its brakes at 60 mph and veered into oncoming traffic. The truck hit a car driven by 31-year-old (…) and one driven by (…) 35, of Paso Robles. Both women died. (…) the 33-year-old driver of the truck, died a few days later. A CHP investigation revealed that (…) had not properly checked his brakes, as required by law, after picking the produce up in San Ardo. Also, (…)’s commercial license had been suspended eight days before the accident after a drunken driving arrest.
    (…)44, was heading north on Interstate 5 Tuesday morning when she found herself inches away from leading off the evening news as the latest victim of an I-5 big-rig accident. She says the truck not only merged into her lane, but merged into her Chevy Blazer, shoving it out of the far right-hand lane and onto the shoulder. She had to stop on the side of the road to compose herself while the truck driver sped off. After nine deadly truck crashes on local highways in the last 16 months, no Sacramento-area commuter should be surprised by (…)’s ordeal.
    Halloween day. Interstate Five near Pocket Road. A big rig, unable to stop plows into and over two cars. Elk Grove resident is killed. His wife suffered three broken ribs, a punctured lung, and a broken clavicle.
    The fifth of July. Highway 99 near Manteca. An angry big rig driver runs over a motorcyclist, dragging the vehicle and it’s helpless rider for more than a hundred yards. The motorcyclist loses a leg.
    June thirteenth. Highway 50 near Sunrise. A big rig driver changes lanes onto a small car, trapping the driver inside.
    Accidents happen. More often than not, at least in the Sacramento area lately, they seem to involve large trucks, trucks weighing more than 10,000 pounds. A tractor-trailer driven by a mentally unstable man who probably should have never been issued a carrier’s license plows into the state Capitol building. A big rig chugging down I-5 near the southern outskirts of the city crosses the center divide and crashes head-on into a truck traveling the opposite direction. Not a month seems to go by here lately without some major, fiery truck crash.
    SACRAMENTO —- For the first time in the California Highway Patrol’s history, its three top commanders personally issued citations to reckless big-rig drivers Tuesday to dramatize a crackdown on dangerous truckers. “These clowns just won’t slow down. There is not a day that goes by that we don’t have a truck-involved crash,” Helmick said earlier this month.

    While mechanical failures, reckless driving and improper driver training account for some crashes, the overwhelming cause is driver fatigue. The National Highway Transportation Safety Association (NHTSA) reports that driver fatigue is responsible for 30% to 40% of all large truck crashes and is the probable cause in over 30% of crashes that resulted in the truck driver’s death.

    As the competition for trucking contracts increases (over 200,000 new trucks were registered last year), drivers are under increased pressure to deliver faster, even if it means falsifying log books and breaking the law. Truck drivers get paid to deliver their loads on time and many times they get bonus pay for delivering early and do not get paid when they aren’t driving.
    Regulations state that a trucker can “drive” for 10 hours per day and must have 8 hours off for each 10 hours of driving. But, for each 10 hours of driving there is also loading and unloading their trucks, wait time and log updates. Many times the trucker’s 10 hours of driving begins after hours of physical labor getting the load ready to go. In a recent survey, almost 20% of truckers admitted to falling asleep at the wheel at least once in the previous three month period.

    The information relating to trucking accidents is endless. However, the sad fact is – that by the time you read this, another person will be injured in a truck related accident and 98% of the injured will not be truck drivers.

    All motorists should be aware of the dangers associated with sharing our roads with big rigs. Recent studies published by AAA have concluded that automobile drivers must also accept responsibility for many of the tragedies resulting from car-truck accidents. The American Trucking Association has offered the following “common sense” rules for motorists:

    1. Never cut in front of a truck; fully loaded trucks weigh up to 80,000 pounds ant take the length of a football field to stop. Most cars weigh only 2,000 pounds.
    2. Don’t linger alongside a truck; there are 4 large blind spots around trucks where cars disappear from view and the driver can’t see you
    3. Pass quickly to resume visibility and change lanes only when you can see both of the truck’s headlights in your rearview mirror. Never pass on the right – the right blind spot runs the length of the trailer and extends out 3 lanes.
    4. Steer clear of front and rear blind spots; stay back 20 – 25 car lengths and leave 4 car lengths in front of a truck for safety cushions – following a truck too closely obscures your view and the driver can’t even see you 30 feet behind the truck.
    5. If you’re following a truck and you can’t see the driver’s face in the truck’s side mirrors, the truck driver can’t see you.
    6. Allow truck adequate space to maneuver; they make wide turns at intersections and require additional space.
    7. Also – be courteous. Acknowledge the truck’s turn signal by flashing your lights and then drop back to allow a truck to enter your lane.
    8. When traveling on a single lane road, let the truck driver ahead of you know that you intend to pass him. Pull slightly to the left and signal with your lights. An experienced trucker will give you clearance and respond with his lights to indicate your safe return to the lane.

    To protect your legal rights following severe injury or wrongful death resulting from a trucking accident, big rig crash or auto accident, it is wise to immediately consult an experienced personal injury law firm. Within the first week, important physical evidence can be lost, and witnesses may forget important details. Click here to view our Injury Checklist.

    The law firm of Demas & Rosenthal, LLP has extensive experience handling claims involving trucking accidents. We offer Free Initial Consultations with no obligation for you to hire our firm.




    Disclaimer: The california truck accident, trucking accident, semi truck accident, truck accident law firm, car truck accident, trucking accident injury, fatal truck accident, big rig accident, big rig accident injury, truck auto accident, personal injury, wrongful death, big rig crash or other legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a big rig lawyer or truck accident attorney at our law firm located in Sacramento, California. This web site is not intended to solicit clients for matters outside of the State of California.

    “There is a wonderful power that goes with having a license to practice law, and for us there is no greater satisfaction than representing the little guy against the big guy, David against Goliath. It never ceases to amaze us how little insurance companies and corporations value the lives of our injured clients. Through advocacy on their behalf in our great civil system, we are able to secure a measure of justice in each case.”John Demas and David Rosenthal

    At Demas & Rosenthal we are committed to representing our clients to the best of our combined legal abilities and to maximizing the monetary recovery our clients receive. Many of the settlements we have reached for our clients are confidential in nature and cannot be disclosed to the public. We have set forth below a representative list of non-confidential settlements and verdicts that we have achieved for our clients. Bear in mind that each case is as individual as the parties involved and the results in any given case will differ from another.

    For immediate advice on your particular personal injury matter, please call us for a free consultation at 1-800-717-1111 or click here to fill out our on-line case evaluation form.

    • Multiple Millions in Recoveries – Mass Torts/Class Actions: The firm is currently representing nearly 350 women in the breast implant litigation. Nearly 275 have settled resulting in multiple millions in recoveries for those clients. The remaining cases are on hold due to Dow Corning’s Bankruptcy.)
    • $1.5 Million – Wrongful Death/Truck Accident Case: Deceased plaintiff was on his first week of work as a truck driver when he was killed in an accident with another truck. Deceased was pulled off to the side of the freeway in the “gore point” section when he was struck and killed instantly by defendant’s truck. There was a dispute as to where the deceased was when he was struck. The defendants alleged deceased was in the roadway while we were able to show that he was in the gore point. Deceased was survived by a wife and 2 minor children. Case settled at trial before jury selection began.
    • $1,000,000.00 (policy limits) – Pedestrian/Fracture Injury: Plaintiff is a 55 year old cleaning lady who was injured while walking home from work. She was on the sidewalk when the driver of a truck pulled out of a parking lot without looking and hit her. She suffered broken ribs, a broken leg and fractured knee cap, and had scarring on the lower part of her legs. We prepared a detailed settlement demand documented by pictures, medical reports and drawings, and were able to get the insurance company to pay the maximum allowed under the defendants policy without filing a lawsuit. With a great attitude and hard work during physical therapy, our client has achieved a great recovery.
    • $850,000 – Neck Surgery/Truck Accident: Plaintiff was a truck driver who was rear-ended by pickup truck pulling a boat. The defendant driver claimed that failure of the brakes on the boat trailer caused the accident. Our investigation determined that the boat trailer’s brakes had recently been serviced by the dealer that sold the boat, and the negligence of the dealer and the trailer manufacturer contributed to the accident.
    • $325,000.00 – Soft Tissue Neck Injury: Plaintiff is a 41 year old truck driver who delivered and installed machinery. He was rear ended by another truck and sustained soft-tissue neck and back injuries. After continuing to work for almost a year, he was no longer able to continue performing his physically demanding job, and was ultimately retrained as a computer network technician. The defendants hired five different experts who testified as follows: 1) the defendant was not responsible for causing the accident because he was coming around a blind curve; 2) the impact involved in the accident was too minor to cause serious injury to our client; 3) our client should have recovered from his injuries within three months; and 4) our client could have continued his work as a delivery driver and installer. We proved that the defendant was the only person responsible for causing the accident, and that the accident did cause injuries that prevented our client from continuing to work at his job.
    • $285,000 – Stroke/Automobile Accident: Plaintiff was involved in a head on collision and taken to the hospital where it was determined that he had suffered a mild stroke. The defense claimed that plaintiff’s stroke was what caused the accident. We were able to prove the stroke occurred as a result of the accident and the defense offered to settle.
    • $250,000 – Fracture/Pedestrian Accident: Plaintiff was a pedestrian that was struck by a vehicle while walking in a bike lane. Plaintiff suffered a right fibula fracture and an avulsion fracture of medial malleous of the tibia. Plaintiff was unemployed at the time of the accident.
    • $230,000 – Back Surgery/Car Accident: Plaintiff was rear-ended on the freeway at a high rate of speed. Plaintiff had undergone 4 prior back surgeries and was being evaluated for a fifth surgery before the subject accident occurred. Subsequent to the accident plaintiff had the surgery. Defendant’s disputed that the accident caused plaintiff to have the surgery.
    • $165,000 – Wrist Surgery/Work Injury: Plaintiff was a mechanic that was injured when the defendant started the engine while plaintiff was touching the fan belt. Plaintiff suffered a ligament injury and underwent an arthroscopic procedure. The defense contended that the surgery was not required by the incident but was a result of a pre-existing condition related to plaintiff’s work as a mechanic.
    • $100,000 (policy limits) – Uninsured Motorist: Plaintiff was struck in the rear of his vehicle by an unknown vehicle that fled the scene. Plaintiff’s insurance company disputed the accident occurred and questioned the nature and extent of plaintiff’s injuries.
    • $100,000 (policy limits) – Multiple Fractures/Premises Liability: Plaintiff tenant fell after a stair on a recently constructed stairway collapsed. There were no witnesses and the defense attorneys for the landlord claimed plaintiff staged the fall even though he sustained fractured ribs and punctured a lung.
    • $90,000 – Neck Pain/Rear-End Vehicle Collision: Plaintiff was involved in a rear-end automobile accident wherein his vehicle sustained minor visible property damage. Plaintiff had ongoing neck pain and had obtained surgical consultations. Defendant’s lawyers alleged the forces involved in the accident were too minor to cause any injury.

    Our lawyers are experienced in handling injury cases involving treatment at area hospitals such as UC Davis Medical Center and Sutter Roseville Trauma Center. We will meet with you either in our office, at your home or in the hospital and at a time that is convenient to you.IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT, YOU NEED THE ADVICE OF AN EXPERIENCED PERSONAL INJURY LAWYER. CALL DEMAS & ROSENTHAL TODAY FOR YOUR FREE CONSULTATION OR CLICK HERE TO FILL OUT OUR ON-LINE FORM


    Disclaimer: The california truck accident, trucking accident, semi truck accident, truck accident law firm, car truck accident, trucking accident injury, fatal truck accident, big rig accident, big rig accident injury, truck auto accident, personal injury, wrongful death, big rig crash or other legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a big rig lawyer or truck accident attorney at our law firm located in Sacramento, California. This web site is not intended to solicit clients for matters outside of the State of California.

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