This week, the personally injury lawyers at Burg & Brock want to take a moment to focus on an important personal injury case. Yesterday, the Reckis family of Massachusetts was awarded over $63 million dollars as a result of their suit with Johnson & Johnson. In 2003, seven-year-old Samantha Reckis took Children's Motrin for fever and suffered from Toxic Epidermal Necrolysis (TEN) which resulted in blindness. The healthcare kingpin was faulted for not providing adequate information related to possible side-effects.
Hearing about young Samantha's tragedy is heartbreaking. It has been nearly ten years since the child took the drug - proof that law suits with such prominent companies are not resolved quickly. The plaintiff has spent the better part of her childhood waiting for retribution. The positive aspect of this case is the fact that giant corporations are being held to a higher standard when it comes to providing necessary information related to their products. It is the responsibility of these businesses to advise the public of the extremely adverse reactions and risks associated with the product.
This case epitomizes the need for better provisions for consumer safety. Unfortunately, some products such as vaccines and medications are unavoidably unsafe, but the manufacturer still must shoulder the responsibility of providing appropriate warning. It is important to consult with an extensively experienced and knowledgeable Los Angeles personal injury attorney when it comes to product liability. If you feel that you have suffered unjust damages at the hand of a consumer product, contact the offices of Burg & Brock to consult with an accomplished and compassionate product liability lawyer.
Thursday, February 14, 2013
Friday, February 8, 2013
An Idea Whose Time May Have Come to California
A few weeks back, we discussed a proposed Massachusetts law to mandate liability insurance for gun owners, much as drivers are now required to possess such insurance in California and many other states. Well, since then, Maryland, Connecticut, and California have all started similar efforts.
Many a personal injury attorney has had to deal with the often tragic cases when guns go off in an unsafe or unauthorized fashion. The results of these gun accidents can range from the horribly tragic to the fairly minor. (Many of you will recall the incident in 2006 where then Vice President Dick Cheney accidentally sent birdshot into the face of a friend with fairly minor injuries, and much mirth from late night comics, resulting.) We also occasionally see cases involving intentionally self-inflicted and usually fatal wounds. Especially in cases where the guns are improperly secured and then stolen by a younger or less stable member, they can be among the saddest cases most personal injury lawyers ever see.
Introduced by Assemblymen Jimmy Gomez of Los Angeles and Philip Ting of San Francisco, the law is sure to receive fire from the NRA and other gun rights activists. It's also presents a pretty interesting legal/constitutional matter in that the law's foes can make the case that the law is mandating insurance for a constitutional right. If these laws manage to pass, which we think is possible at least in a state like California that has seen more than its share of gun violence, it seems to us that this a case that's very likely to make it to the Supreme Court. It's a fairly classic case of conflicting rights -- the right of victims to be compensated versus 2nd Amendment rights to gun ownership, a somewhat muddy and hotly debated matter partially because of the "well regulated militia" clause in the amendment. Of course, it''ll be a constitutional lawyer, not a personal injury lawyer, trying the case on both sides, but we'll be watching this one closely.
Many a personal injury attorney has had to deal with the often tragic cases when guns go off in an unsafe or unauthorized fashion. The results of these gun accidents can range from the horribly tragic to the fairly minor. (Many of you will recall the incident in 2006 where then Vice President Dick Cheney accidentally sent birdshot into the face of a friend with fairly minor injuries, and much mirth from late night comics, resulting.) We also occasionally see cases involving intentionally self-inflicted and usually fatal wounds. Especially in cases where the guns are improperly secured and then stolen by a younger or less stable member, they can be among the saddest cases most personal injury lawyers ever see.
Introduced by Assemblymen Jimmy Gomez of Los Angeles and Philip Ting of San Francisco, the law is sure to receive fire from the NRA and other gun rights activists. It's also presents a pretty interesting legal/constitutional matter in that the law's foes can make the case that the law is mandating insurance for a constitutional right. If these laws manage to pass, which we think is possible at least in a state like California that has seen more than its share of gun violence, it seems to us that this a case that's very likely to make it to the Supreme Court. It's a fairly classic case of conflicting rights -- the right of victims to be compensated versus 2nd Amendment rights to gun ownership, a somewhat muddy and hotly debated matter partially because of the "well regulated militia" clause in the amendment. Of course, it''ll be a constitutional lawyer, not a personal injury lawyer, trying the case on both sides, but we'll be watching this one closely.
Wednesday, January 30, 2013
Social Media Can Hurt Your Personal Injury Settlement
Reading this story on the Daily Report, we are struck again with how the legal industry continues to change with the times. A short summary: after a life-changing car crash, a woman's compensation in court was reduced from $237,000 to $142,000 after Twitter and Facebook posts were used to make the case that her pain and suffering wasn't as great as her lawyer claimed. In her posts, she was shown partying and mentioning that she's "starting to love [her] scar."
As a highly-regarded personal injury lawyer in Los Angeles, Cameron Yadidi Brock understands the role that social media plays in today's courts. While it's impractical to totally restrict a person's access to social media, the team here at the Law Offices of Burg & Brock are sensitive to how certain posts could be misinterpreted. We'll help keep tabs on your posts and, if one seems potentially harmful, we can mention it to you. (Although, this does bring up an interesting point. If all her posts were about suffering and being in pain, could it be used to increase a settlement? We highly doubt it.)
But we also know how to make modern technology work. Mr. Brock, as a vehicle accident lawyer, encourages his clients (and those who have just experienced an accident) to take as many pictures as possible on their cell phones. Photos from the accident, of yourself as you're healing, and anything you think is relevant can all be used to help your case. You don't need to share them online, of course, but they are good to have to properly represent your pain and suffering.
Of course there were other complicating factors in the case. The lawyer working on behalf of the plaintiff claimed that the all-white, conservative jury had a hard time understanding how a broken arm and related injuries could have a negative impact on the plaintiff's job—and future earning potential—as a hairstylist. Here at the Law Offices of Burg & Brock, we know how to properly defend our clients as personal injury attorneys in Los Angeles. While we can't guarantee success despite our track record of 97% of cases won, we can promise that we'll fight your case to the best of our abilities. Please call the Law Offices of Burg & Brock for a free consultation.
As a highly-regarded personal injury lawyer in Los Angeles, Cameron Yadidi Brock understands the role that social media plays in today's courts. While it's impractical to totally restrict a person's access to social media, the team here at the Law Offices of Burg & Brock are sensitive to how certain posts could be misinterpreted. We'll help keep tabs on your posts and, if one seems potentially harmful, we can mention it to you. (Although, this does bring up an interesting point. If all her posts were about suffering and being in pain, could it be used to increase a settlement? We highly doubt it.)
But we also know how to make modern technology work. Mr. Brock, as a vehicle accident lawyer, encourages his clients (and those who have just experienced an accident) to take as many pictures as possible on their cell phones. Photos from the accident, of yourself as you're healing, and anything you think is relevant can all be used to help your case. You don't need to share them online, of course, but they are good to have to properly represent your pain and suffering.
Of course there were other complicating factors in the case. The lawyer working on behalf of the plaintiff claimed that the all-white, conservative jury had a hard time understanding how a broken arm and related injuries could have a negative impact on the plaintiff's job—and future earning potential—as a hairstylist. Here at the Law Offices of Burg & Brock, we know how to properly defend our clients as personal injury attorneys in Los Angeles. While we can't guarantee success despite our track record of 97% of cases won, we can promise that we'll fight your case to the best of our abilities. Please call the Law Offices of Burg & Brock for a free consultation.
Friday, January 25, 2013
Famous People Can Be Personally Injured
As Los Angeles personal injury attorneys the presence of celebrities looming heavily in the daily legal news is pretty inevitable. While we don't represent a lot of extremely well known people, the cases they get involved with -- and don't get involved with -- can lead to some pretty interesting discussion. Just today, there are two cases in the news that we can't help thinking about.
The first involves Sylvester Stallone. In the midst of a recent comeback for the 66 year-old movie star, it was revealed that, decades ago, the actor and screenwriter had agreed to give his half-sister $2 million, along with a monthly stipend of $16,666.66, as well as yearly $50,000.00 contribution to a fund for psychiatric and medical expenses. Though there were abuse allegations, we don't know if any personal injury lawyer was involved on the side of the sister, who passed away from lung cancer earlier this year. The case is being widely described as, essentially, Stallone paying off blackmail to his allegedly drug-addicted late half-sister.
The second is the wave of "swattings" -- in which pranksters who have somehow obtained celebrity's addresses call 911 and report false emergencies. The most recent incident happened at the home of Chris Brown on Monday night.
As personal injury attorneys in Los Angeles, we have to wonder if there aren't more ways for celebrities to fight back, if they wish to. We suppose their publicists are warning them to wrap up cases quickly to avoid too much negative attention, but we think it's possible they at least in theory could counter these attacks with strong civil action. Certainly the pranksters in the "swatting" cases are guilty of the worst kind of harassment, a type of personal injury -- though we also understand that, first, they have to be caught. As for celebrities in Stallone's predicament, we imagine that either harassment or perhaps defamation charges could perhaps discourage a would-be blackmailer, perhaps even one in your own immediate family. Both cases make us just a little glad that we're not quite as famous as Mr. Stallone or Mr. Brown.
The first involves Sylvester Stallone. In the midst of a recent comeback for the 66 year-old movie star, it was revealed that, decades ago, the actor and screenwriter had agreed to give his half-sister $2 million, along with a monthly stipend of $16,666.66, as well as yearly $50,000.00 contribution to a fund for psychiatric and medical expenses. Though there were abuse allegations, we don't know if any personal injury lawyer was involved on the side of the sister, who passed away from lung cancer earlier this year. The case is being widely described as, essentially, Stallone paying off blackmail to his allegedly drug-addicted late half-sister.
The second is the wave of "swattings" -- in which pranksters who have somehow obtained celebrity's addresses call 911 and report false emergencies. The most recent incident happened at the home of Chris Brown on Monday night.
As personal injury attorneys in Los Angeles, we have to wonder if there aren't more ways for celebrities to fight back, if they wish to. We suppose their publicists are warning them to wrap up cases quickly to avoid too much negative attention, but we think it's possible they at least in theory could counter these attacks with strong civil action. Certainly the pranksters in the "swatting" cases are guilty of the worst kind of harassment, a type of personal injury -- though we also understand that, first, they have to be caught. As for celebrities in Stallone's predicament, we imagine that either harassment or perhaps defamation charges could perhaps discourage a would-be blackmailer, perhaps even one in your own immediate family. Both cases make us just a little glad that we're not quite as famous as Mr. Stallone or Mr. Brown.
Monday, January 21, 2013
Guidelines for Obtaining Medial Care for your Injury
As leading vehicle accident lawyers, the Law Offices of Burg & Brock resolve to obtain medical
treatment for the individual injured in an auto or motorcycle accident. However, it is important for the injured party to
keep these tips in mind when visiting the doctor for the personal injury.
Insurance companies and those working with the defendant look to find
inconsistencies in the information reported by the claimant to the healthcare provider, hoping to apply these irregularities to the claim. Here are some guidelines for receiving treatment for your injuries, while personal injury attorney Cameron Brock pursues
full settlement of your medical expenses.
Recieve medical care as soon as possible. While you might be in panic as a result of the accident, it is very important to see the doctor immediately and to follow up with recommended visits and any referrals. Receiving medical attention lends credibility to your situation and provides for your ultimate rehabilitation. The opposing side looks for inconsistent treatment to prove your injury isn't serious, so follow all of your doctor’s recommendations.
Recieve medical care as soon as possible. While you might be in panic as a result of the accident, it is very important to see the doctor immediately and to follow up with recommended visits and any referrals. Receiving medical attention lends credibility to your situation and provides for your ultimate rehabilitation. The opposing side looks for inconsistent treatment to prove your injury isn't serious, so follow all of your doctor’s recommendations.
·
Don’t be
afraid to be repetitive in the information you provide the doctor. While
you don’t need to tell the doctor you have a personal injury claim in progress,
please tell him directly that your pain is a result of the
accident. Your comments will be documented.
·
Hold on
to copies of all receipts, treatment statements, etc. It is important to
build your own paper trail, and as distressing as your
injuries are, having these documents in your possession helps keep your head in the case.
·
Speak to
doctors regarding payment arrangements. In the case that you don't have health
insurance or treatment funds, attempt to schedule smaller payments over
the course of time with the medical provider. You should not be dissuaded from receiving
the attention you require.
While these general strategies are helpful, Brock and his associates
will provide the client with specific information relating to his or her case. If you have suffered as the result of an automobile or motorcycle
accident, contact the personal injury law firm of Burg & Brock today.
Friday, January 18, 2013
An Idea Whose Time May Have Come Come
The national debate over guns and guns laws had reignited in the weeks since the horrific tragedy in Sandy Hook, Connecticut this last December. While there has been a lot of unproductive rhetoric to emerge from the various arguments, there is one idea that's come out that, as personal injury lawyers, we think is worth exploring. Indeed, while the proposal is currently being floated in just one state, we think there's a good chance it could gain traction nationwide.
Some members of the Massachusetts legislator are proposing mandated liability insurance for gun owners, much in the way car owners are now required to carry insurance here in California. While, as a personal injury law firm, we're not constitutional lawyers and can't be sure whether or not this kind of law would pass muster with current or future Supreme Courts, it does strikes us as a possibly very productive step.
First of all, it would help the victims of the kinds of tragic gun accidents we often read about -- and perhaps some crime victims as well -- by providing funding for compensation. Moreover, one thing the insurance companies have proven themselves to be quite effective at is attempting to reduce their own costs and maximize profits. This kind of insurance would place insurers in a position where they would be motivated to use their considerable fiscal and corporate wherewithal to reducing gun deaths and injuries nationwide through safety programs and generally helping gun owners to prevent accidents and other tragedies. It would also, of course, mean more business for the insurance companies. We know some will disagree, but this strikes us as the very definition of a "win-win." Whether you're in the insurance business, a personal injury lawyer, a gun owner, or a non-gun owner.
Some members of the Massachusetts legislator are proposing mandated liability insurance for gun owners, much in the way car owners are now required to carry insurance here in California. While, as a personal injury law firm, we're not constitutional lawyers and can't be sure whether or not this kind of law would pass muster with current or future Supreme Courts, it does strikes us as a possibly very productive step.
First of all, it would help the victims of the kinds of tragic gun accidents we often read about -- and perhaps some crime victims as well -- by providing funding for compensation. Moreover, one thing the insurance companies have proven themselves to be quite effective at is attempting to reduce their own costs and maximize profits. This kind of insurance would place insurers in a position where they would be motivated to use their considerable fiscal and corporate wherewithal to reducing gun deaths and injuries nationwide through safety programs and generally helping gun owners to prevent accidents and other tragedies. It would also, of course, mean more business for the insurance companies. We know some will disagree, but this strikes us as the very definition of a "win-win." Whether you're in the insurance business, a personal injury lawyer, a gun owner, or a non-gun owner.
Friday, January 4, 2013
The Common Sense Deficit
A news story caught our attention this week relating to a topic that's all too familiar to any personal injury attorney. That was deaths and injuries from traffic accidents. Specifically, the story was noting an increase over last year in Los Angeles area traffic fatalities over the New Year's holiday.
Personal injury lawyers know more than most people how unbearably tragic such accidents really are. However, what caught our eye in this particular story was that a notable number of the deaths and serious injuries in our very large city were the result of people failing to use seat belts.
You would think, by now, that the message would have gone out to the vast majority of us. Still, despite plenty of expert evidence indicating just how effective seat belts really are in making the difference between walking away from an accident or a permanently disabling injury or death, people don't listen. Despite common sense -- we're not birds and clearly not made to fly through the air safely without assistance -- people don't seem to listen. I guess it's no surprise then, that if fear of death or disability isn't enough to make people wear seat belts, then laws mandating their use and relatively modest fines aren't going to get people to use them. (DUIs, on the other hand, are dropping -- no doubt partially due to appropriately huge cash penalties.)
For all the talk about the financial deficit in Washington, D.C., we're personally a bit more concerned about the common sense deficit around the world. On the other hand, this same deficit probably ensures that any personal injury lawyer doesn't have to worry about ever being without plenty of work, so there's that. Still, we'd rather people be safe. In other words: please, wear your seat belts, okay?
Personal injury lawyers know more than most people how unbearably tragic such accidents really are. However, what caught our eye in this particular story was that a notable number of the deaths and serious injuries in our very large city were the result of people failing to use seat belts.
You would think, by now, that the message would have gone out to the vast majority of us. Still, despite plenty of expert evidence indicating just how effective seat belts really are in making the difference between walking away from an accident or a permanently disabling injury or death, people don't listen. Despite common sense -- we're not birds and clearly not made to fly through the air safely without assistance -- people don't seem to listen. I guess it's no surprise then, that if fear of death or disability isn't enough to make people wear seat belts, then laws mandating their use and relatively modest fines aren't going to get people to use them. (DUIs, on the other hand, are dropping -- no doubt partially due to appropriately huge cash penalties.)
For all the talk about the financial deficit in Washington, D.C., we're personally a bit more concerned about the common sense deficit around the world. On the other hand, this same deficit probably ensures that any personal injury lawyer doesn't have to worry about ever being without plenty of work, so there's that. Still, we'd rather people be safe. In other words: please, wear your seat belts, okay?
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