$2,200,000 Settlement for Camerawoman injured by Falling Tree: Coronel vs. Quest Homeowner’s Association

At 4:30 a.m. on February 1, 2016, Plaintiff Marie Coronel and her cameraman were sent by her studio, KGTV Chanel 10 News, to prepare a news report on the aftermath of a severe storm that had passed through San Diego the previous day. Arriving at the Quest Property, Plaintiff found four very large, downed eucalyptus trees. While preparing for the 5:00 a.m. news report, a fifth eucalyptus tree fell on her, causing severe injuries.

Discovery revealed that the HOA knew the dangers posed by trees on its property.

Spinal Cord Injuries Caused by Drunk Drivers: The High Cost of Living in a Wheelchair

Losing one’s ability to walk because of a drunk driver is a traumatic, life-changing event. It is also incredibly expensive. The enormous long-term costs associated with life in a wheelchair can often greatly exceed the financial capacity of most victims and their families.

While no financial award can compensate for the irreversible damage of a spinal cord injury, monetary damages can help ease the burden of learning a new way of life. If you or a loved one experienced a spinal cord injury due to the negligence and reckless conduct of a drunk driver, contact Greene, Broillet, & Wheeler, LLP, today.

Drunk Driving That Results in Spinal Cord Injuries

Alcohol hurts a person’s ability to drive in the following ways:

• Diminishes reaction time
• Reduces the ability to concentrate and comprehend
• Affects a driver’s tracking of other cars and the centerline
• Reduces hand/eye/foot coordination

A drunk driver who takes to the road is creating a recipe for disaster. The inability to concentrate, along with the lack of coordination, can result in a collision. The often-violent impact of such a crash can cause trauma to the brain and spinal cord. Victims of drunk driving accidents often never walk again.

Making Sure Insurers and Responsible Parties Pay

Spinal cord injury victims often face huge out-of-pocket expenses. Sometimes, insurance companies refuse to pay for those expenses. Other times, victims and their families have trouble proving claims to insurance adjusters even when the insurer acknowledges liability.

When insurance is not adequate to meet the new financial needs of victims and their families, California law may entitle them to recover compensation from the parties responsible for drunk driving accidents. Those parties could include the drunk driver, the driver’s employer, and, in some cases, the bar or restaurant that served the driver.

At Greene, Broillet, & Wheeler, LLP, we believe drunk driving accident victims and their families should not go through the process of seeking compensation alone. Our attorneys know how to handle aggressive insurance representatives. We have the experience to identify the liable parties and, if necessary, to pursue legal claims against them all the way through a trial. We fight for fair compensation for our clients so they can afford the equipment and services they need to regain their independence.

Large New Expenses

People who suffer spinal cord injuries as a result of accidents caused by drunk drivers can face enormous expenses that do not stop mounting upon release from the hospital—they continue, and possibly increase, throughout the victim’s lifetime. The experienced attorneys at Greene, Broillet, & Wheeler, LLP, know how to calculate these costs to help ensure that settlements or judgments are adequate to pay a lifetime of expenses, which may include:

• Ongoing medical expenses. After discharge from the hospital, spinal cord injury victims can face millions of dollars of ongoing medical expenses.
• Home modifications. Home life in a wheelchair makes ordinary tasks challenging. Home modifications to accommodate wheelchairs are expensive, costing more than $20,000 for a kitchen and $10,000 for a bathroom. In some circumstances, a home is too old or in too poor a condition to remodel. This, or the need for closer proximity to a medical facility, may require relocation to another home—and buying real estate in Los Angeles can cost millions of dollars.
• Mobility devices. Mobility devices like wheelchairs aid patients with spinal cord injuries in regaining independence. The type of mobility device needed varies, but most power chairs are expensive, with some costing upwards of $30,000. Features such as individualized seats, all-terrain wheels, and battery life contribute to the final price. This expense will recur as wheelchairs wear out and people will need to replace them throughout their lifetimes.
• Vehicle modifications. One of the best steps toward regaining independence is a modified or accessible vehicle. This can involve the addition of hand controls to existing vehicles or new vehicles with full accessibility. For people with spinal cord injuries, navigating a mobility device into a vehicle and then operating the vehicle usually requires more than hand controls. New vehicles designed for use by drivers with spinal cord injuries often cost in excess of $80,000.

California Personal Injury Attorneys

Drunk driving continues to plague our nation’s highways and back roads, resulting in thousands of catastrophic injuries every year. A spinal cord injury changes a victim’s life forever. But victims can still lead fulfilling lives, as the experienced attorneys at Greene, Broillet, & Wheeler, LLP, know well. We have helped many drunk driving accident victims go on to lead successful lives by seeking and recovering compensation for their injuries.

If you or someone you love has suffered a spinal cord injury due to a drunk driver, call (866) 227-9674 or contact us online. The time to take action is now. Our attorneys offer free consultations and case evaluations. We’re proud to be ranked California’s number one personal injury firm by Best Lawyers in America. Indeed, other attorneys often refer their most difficult drunk driving injury cases to us, which we take as a sign of respect and a testament to our track record of success. Begin your journey back to dignity and independence by contacting our office today.

Megyn Kelly TODAY guest host Stephanie Gosk to describe the terrifying day that Susan’s car was struck by a bus

GB&W’s former clients share their story of heartbreak and hope on The TODAY Show after their car collided with a Los Angeles Metro Bus. Attorney Geoff Wells obtained a $7.5 million settlement on behalf of the plaintiff who suffered life-threatening injuries.

When Car Safety Features Fail

The modern automobile is a technological marvel. Anti-lock brakes allow drivers to brake on slick surfaces while retaining control of the car. Airbags keep passengers from slamming their heads into dashboards during a crash. And automatic emergency braking systems sense potential collisions and initiate braking.

But what happens if these car safety features fail? Fortunately, drivers and passengers may receive financial compensation for their injuries by suing the manufacturer.

How to Prove a Defect

Car safety features should work as advertised. When they don’t, they can cause injuries—to you and to others. However, to receive compensation, you need to do more than point to your injury. Instead, you will probably need to show that the car was defective because the safety feature did not work as designed or manufactured. If you bring a strict products liability lawsuit, you will need to pinpoint some defect, such as:

-Defective design. The car or safety feature was manufactured and assembled according to its design, but something about the design made the feature malfunction.

-Defective manufacture. Maybe nothing is wrong with the design, but the part or car was assembled in a defective manner.

In your lawsuit, you can sue the manufacturer of the part as well as the manufacturer of the car. For example, an automobile manufacturer might install anti-lock brakes made by a different company. In this situation, you might hold both the manufacturer of the part and the car manufacturer liable.

As part of a strict products liability lawsuit, you can sue anyone who moved the vehicle along the stream of commerce, including:

-Distributors

-Wholesalers

-Retailers

In California, you might also hold someone responsible for the safety failure for negligence or breach of warranty. These will require that you show a different set of facts.

Compensation for Your Injuries

If you can convince a jury that someone bears responsibility for the defective product, then you can receive compensation for your injuries, including economic and non-economic damages. Economic damages include:

-Medical bills

-Future medical care

-Lost wages

-Lost future wages if you can’t return to your old job

You might also qualify for non-economic damages such as pain and suffering, which covers:

-Physical pain

-Emotional distress

-Inconvenience

-Disfigurement

-Lost enjoyment of life

The key is gathering enough evidence to prove both economic and non-economic damages. For example, hold onto all medical bills and receipts to prove how much medical care you have paid for, as well as information regarding medical expenses paid by insurance or any other party. To prove pain and suffering, you can use testimony from your therapist or friends and family to establish how the injury has damaged your life.

Speak With a Personal Injury Lawyer in Los Angeles, California

Many manufacturers highlight their cars’ safety features when marketing to the public. As a result, consumers rely on these cars to work as expected while on the road. If your vehicle’s safety features fail, the law may entitle you to compensation. Contact a personal injury lawyer at Greene Broillet & Wheeler today online, or call (866) 224-7865 for a free consultation.

The Serious Car and Motorcycle Accidents that Negligent Road Repair Can Cause

Negligent or reckless drivers cause many accidents. But sometimes poor road repair can cause accidents, so accident victims will need to consider whether to sue the party responsible for maintaining the road. 

Negligent Road Repair

Road repair can create many hazards that lead directly to accidents. For example, you might crash because:

-Debris is left behind from construction cleanups

-Poor maintenance of grates or drainage systems leads to flooding, which increases the risk of -hydroplaning and losing control of the vehicle

-Proper signs are missing or poorly positioned

-No notice or signs are given about road construction, or improperly placed signs block a driver’s view, causing a collision

Motorcycles, which are lighter and smaller than passenger cars, are more vulnerable to problems with the road. For example, motorcycles might crash due to:

-Broken pavement

-Potholes

-Gravel

-Grooves in the pavement

Each accident is different, and whether you can sue will depend on all of the surrounding circumstances. A California car accident attorney can review the surrounding circumstances to identify whether you have a valid lawsuit.

Onerous Red Tape

A substantial amount of roadwork is conducted by the state. Unfortunately, the state of California’s sovereign immunity often protects it from lawsuits brought against it by one of its citizens. Although sovereign immunity is not unlimited, you will need to clear some procedural hurdles before you get your day in court.

For example, before you can sue a state agency, you must file a claim with the Government Claim Program in the Department of General Services. You can download the forms from the government’s website and submit them along with the $25 fee. You must move quickly and file your claim within six months of the injury—otherwise, you may lose your right to sue. Although the state makes exceptions for missing the deadline in some situations, you shouldn’t rely on them.

After making your claim, the state will decide whether to accept it within 45 days. If it does, it will settle the lawsuit with you. If the state denies your claim, you can file a lawsuit in the appropriate court.

The lawyers at Greene Broillet & Wheeler know how to fill out and file that paperwork for you and maximize your chances of a successful result. If necessary, they know the best ways to take your case to court.

Suing Private Individuals

In some situations, a private party will face liability for the negligent road repair. For example, you might suffer an injury on a private road owned and maintained by a private party. Some construction companies or independent contractors also work on road construction or repair projects, and they might also face responsibility for the accident.

When suing a private party, your lawsuit will proceed much as any other lawsuit would. You do not need to file a claim with a government agency. However, you might need to investigate and identify who is responsible for the road hazards that injured you.

SPEAK WITH A LOS ANGELES, CALIFORNIA, PERSONAL INJURY LAWYER

Government agencies and private parties that injure drivers should pay victims compensation for their injuries. The personal injury lawyers at Greene Broillet & Wheelerhave years of experience helping accident victims bring suits against government agencies and private construction companies. Call us today for a free consultation at (866) 224-7865, or submit an email through our online contact form.

Municipal Liability in Pedestrian Accidents

If you have been out walking in Los Angeles recently, you should not be surprised to see crumbling city sidewalks. According to an article in the Los Angeles Daily News, the city is offering as much as $10,000 in rebates to homeowners to fix the crumbling sidewalks themselves, all part of an effort to make the sidewalks accessible to the disabled. But hazardous sidewalks pose another issue to the city and its pedestrians—it is easy to fall while walking on them.

Injuries Caused by Hazardous Sidewalks

Most pedestrians can easily walk over a few cracks in a sidewalk. However, huge potholes or grossly uneven pieces of pavement can trap your feet or cause you to trip. If you fall, you can suffer any of the following serious injuries:

-Broken bones

-Lacerations

-Concussions

-Other traumatic brain injuries

-Internal organ damage

-Spinal cord injuries

Even relatively minor cuts might become serious if they get infected because of improper cleaning and dressing. Pedestrians who fall experience significant physical and emotional pain and may have to stay home as they recover, thus missing out on income from work.

Holding the City Responsible for Your Injuries

For more than 70 years, injured pedestrians could sue the city for injuries sustained because of defective sidewalks. In Lorraine v. City of Los Angeles, a woman stepped up onto the sidewalk near the intersection of Vine Street and Hollywood Boulevard. After taking a few steps, her foot caught in a hole in the pavement and she fell violently forward, suffering a fracture and other injuries. After winning her lawsuit, the city appealed.

On appeal, the court upheld the judgment in favor of the pedestrian. The court stated that the hole in the sidewalk had existed for a month to six weeks, yet the city had not fixed it. Because of the hole’s size, and its presence for more than a month, the court held that the city had constructive notice that it existed, even if the plaintiff did not complain to the city before her injury.

Gather Documentation

After an injury, the best thing you can do for your case is to quickly document the surrounding circumstances. Hang on to all medical records and bills, since these will show the extent of your injuries. Also, write down how much pain you are feeling and where.

If possible, ask someone to return to the scene of the accident as soon as possible and take pictures of the broken pavement. Photos with a smartphone are acceptable. You do not want to delay since the city might quickly try to fill in the hole or rip up the broken sidewalk and resurface it. Your personal injury lawyer will find these pictures helpful when establishing the defective nature of the sidewalk.

SPEAK WITH A LOS ANGELES, CALIFORNIA PERSONAL INJURY LAWYER

If you tripped and fell on an L.A. sidewalk, the law might entitle you to financial compensation. The personal injury lawyers at Greene Broillet & Wheeler are aggressive advocates on behalf of our clients, and we look forward to obtaining full and fair compensation on your behalf. Suing a municipality has special administrative rules and tight deadlines, so don’t delay contacting us. Call for your free consultation at (866) 224-7865 or fill out our online contact form.

Wrongful Death Claims in Truck Accidents

A horrific October 2016 trucking accident is a reminder that the trucking industry requires careful oversight. Catastrophic injuries are all too common when passenger vehicles and big rigs collide. Accident victims can suffer broken bones, burns, cuts, and spinal cord injuries. In severe accidents, drivers and their passengers might die. In these tragic situations, California law may entitle surviving family members to bring wrongful death lawsuits for compensation.

Not Enough Sleep

According to federal trucking regulations, truckers cannot drive more than 70 hours in a week or more than 11 hours after 10 consecutive hours off. The federal government adopted these regulations as a response to increased trucking fatalities in the late 1990s.

Unfortunately, inadequate sleep allegedly caused a horrific October 2016 trucking accident. According to a news account, Bruce Guilford of Georgia stopped his big rig on Interstate 10 approximately 100 miles from Los Angeles. Although Guilford stopped because of utility work, he allegedly fell asleep and failed to move his rig once the road had cleared. As a result, a tour bus carrying gamblers back to Los Angeles plowed into the back of his rig while traveling at 76 miles per hour.

The force was so severe that the rig ended up 15 feet into the bus, killing the driver and 12 passengers. The crash injured an additional 30 passengers. Guilford was charged with 12 counts of felony reckless driving causing injury and 13 counts of vehicular manslaughter. He also faces 17 counts of misdemeanor reckless driving causing injury.

According to a KESQ news story, investigators determined that Guilford had falsified his driving records to hide that he had not had sufficient rest in the previous 24 hours before the crash. Guilford pleaded not guilty.

Compensation for Victims’ Families

In a typical personal injury lawsuit, injured victims can sue the person they believe is responsible. However, when victims die, California law may entitle surviving family members to bring wrongful death lawsuits, including:

-A deceased person’s spouse or domestic partner

-A deceased person’s surviving children or the issue of deceased children

-If neither of the above are alive, then anyone who would inherit from the deceased under the state’s intestacy laws

Also, people can bring wrongful death lawsuits if they were financially dependent on the deceased, including:

-A putative spouse (someone with a good faith claim to marriage to the deceased)

-The children of a putative spouse

-The deceased’s stepchildren

-The deceased’s parents

If successful, plaintiffs can receive compensation for economic and non-economic injuries, including:

-Burial expenses

-Funeral bills

-Medical care to treat the deceased

-Lost earnings

-Lost services provided by a spouse (such as cooking or cleaning)

-Lost care and guidance

-Lost affection

-Lost sexual intimacy

Each lawsuit is unique, and surviving family members might not qualify for all of the above damages. Meet with a Los Angeles wrongful death attorney at Greene Broillet & Wheeler to review your case and identify whether you have a valid legal claim.

CONTACT A WRONGFUL DEATH ATTORNEY IN LOS ANGELES, CALIFORNIA

With commercial semi-trucks weighing as much as 40 tons, tragic accidents, unfortunately, are unavoidable. Family members need time to grieve, but they also need to make time to protect their legal rights. Call Greene Broillet & Wheeler today at (866) 224-7865 for a free consultation, or fill out our contact form.