Archive for May, 2010

« Older Entries

String of Dog Bite Attacks in Southern California Claims Another Life

Monday, May 31st, 2010

The death of a toddler after a dog bite attack on Thursday evening, May 27, brought the total of Southern California dog attacks on children to six in just as many months of 2010, with two of those attacks ending in fatality.

In the latest incident, a family pit bull mauled a 2-year old toddler while he played in the backyard of the family’s home in San Bernardino. The 2-year old suffered extensive head and neck wounds. He passed away approximately six hours later at the Loma Linda University Medical Center. The reason or provocation for the mauling is unknown.

The first fatality from a dog attack in Southern California was in January when a family pit bull attacked a 3-year old. In February, a pack of dogs attacked three children in Fontana, seriously injuring all three. In April, a friend’s dog attacked a six-month old boy in Riverside County as he sat in a child carrier at the home of his mother’s friends.

The San Bernardino dog bite lawyers at the Law Offices of Samer Habbas remind you that California has a dog bite statute. California Civil Code Section 3342 places strict liability on the animal’s owner. This means that whether a dog bite occurred in a public place or when the victim was lawfully on private property, the dog’s owner is responsible for any damages that arise out of the attack.

If you or an immediate family member sustained injuries in an animal attack and have questions about your legal rights, feel free to contact The Law Offices of Samer Habbas for a free consultation. These personal injury attorneys represent dog bite victims in San Bernardino, Los Angeles, Orange County and Riverside. They will explain the law and your legal options in clear, simple terms so that you and your family can make informed decisions about proceeding with a legal claim against the dog’s owner.

To contact these San Bernardino dog bite lawyers, you can fill out the contact form here or you can call 888.848.5084. To ensure that you don’t miss any deadlines that will preclude your right to recovery of damages, it is always prudent to retain legal counsel sooner than later.

A Brief Explanation of Insurance Bad Faith

Friday, May 28th, 2010

When dealing with any type of insurance company, it’s helpful to remember that these are for-profit organizations. Like any for-profit organization, insurance companies loathe to part with their profits by paying claims. The majority of insurance companies pay claims filed by clients in a timely manner as they understand their responsibilities to their clients, but some deliberately do not and can be found to be acting in bad faith.

A big part of their responsibilities is determined by whether a client’s claim is considered a “first party” claim or a “third party” claim. When a first party claim is filed, they are required to investigate any damage to the item that they have insured, decide whether the damage is covered by their policy, and pay their client fair market value for the damage. If the insurance company does not investigate or evaluate properly or fails to acknowledge that a claim has been filed, it can be determined that they are acting in bad faith.

For third party claims, they have two responsibilities to their clients and must be fulfill both of these in good faith.

  • They have a duty to defend a claim or lawsuit even if a part or most of the lawsuit is not part of the insurance policy coverage. Unless an insurance policy is specifically structured so that the costs of defense are counted against policy limits, they must cover all the defense costs no matter what the coverage limit of the policy may be.
  • They have a responsibility to pay for judgments against the policyholder up to the coverage limit, but this is only when the judgment is for an omission or covered act. The legal term for this is indemnification.

If the insurance company improperly refuses to defend a lawsuit or refuses to pay a judgment or settlement of a covered lawsuit, they can be found to be acting in bad faith.

As you might guess, these are very simplified examples. If you believe that your insurance company is acting in bad faith, you should speak with an experienced Los Angeles insurance bad faith lawyer such as Samer Habbas. Southern California insurance bad faith attorneys like Mr. Habbas can explain the laws that apply to your situation and determine whether you have a case. If you believe that you have a valid claim that your insurance company is failing to honor, call 888.848.5084 today to schedule a free consultation with California insurance bad faith lawyer Samer Habbas.

Resource link: A Brief Explanation of Insurance Bad Faith

Man Struck and Severely Injured in California Bus Accident

Thursday, May 27th, 2010

A transit bus in Marina struck and severely injured a 51-year-old man who just survived an SUV rollover accident and was standing next to his overturned vehicle. A California Highway Patrol official said the victim went to Community Hospital of the Monterey Peninsula for treatment for a broken back, broken femur and multiple lacerations. The victim told police that he was driving his 1996 Toyota 4Runner northbound on Highway 1 around 5:20 a.m. when he saw brake lights ahead. He told officers he swerved to avoid a collision, which caused his SUV to roll over.

He said that his vehicle came to a stop in the far right lane, and when he got out, a Monterey-Salinas transit bus traveling in the center lane struck him. The victim told police that he didn’t remember getting out of his vehicle or being struck by the bus. A MST spokesperson said that the driver of the bus was receiving treatment for back pain and that none of the six passengers on the bus was injured. The bus driver said that he had to swerve to avoid striking the overturned SUV and struck the victim instead.

Given the severity of the victim’s injuries, he is probably facing multiple surgeries, a long and expensive stay in the hospital and a lengthy physical rehabilitation regimen. Samer Habbas and other California bus accident lawyers help accident victims receive the compensation they deserve to help with medical expenses and the other costs of recovery. In the days following an accident, insurance companies often contact accident victims and pressure them to sign documents that they do not fully understand.

If you or someone you care for has been injured or lost in a bus accident, call 888.848.5084 before you sign anything and have the documents examined by Southern California bus accident attorney Samer Habbas. Mr. Habbas is an experienced Long Beach bus accident lawyer who protects his clients’ rights at all times, offers free consultations and works on a contingency-fee basis.

Resource link: Man hit by Monterey Salinas Transit bus after crash in Marina

California Supreme Court Could Decide Compensation for Medical Bills in Personal Injury Cases

Wednesday, May 26th, 2010

The means of determining the amount of money that an injured party can recover in a personal injury lawsuit is being reviewed again in what could be a landmark case. Howell v. Hamilton Meats is currently being heard in the California Supreme Court. A San Diego appellate court determined that a woman was eligible to reclaim $190,000 that a hospital invoiced her for medical treatment for serious injuries she suffered in an auto accident, even though her insurance company settled with the hospital for $60,000.

If the California Supreme Court upholds the appellate court’s decision, it could reverse a long-standing, but controversial rule called the “collateral source” rule. This rule says that information on collateral payment sources, in this case, payments made by the injured woman’s insurance company to the hospital, is not allowed as evidence in a trial. Two landmark cases, Hanif v. Housing Authority of Yolo County and Nishihama v. City and County of San Francisco, are often cited as precedence for the collateral source rule.

However, in Howell v. Hamilton Meats, the Court of Appeal dismissed these precedents. The Court ruled that the amount of medical expenses written off, in this case $130,000 waived by a medical provider, should be awarded to the plaintiff through application of the collateral source rule.

Long Beach personal injury lawyers such as Samer Habbas and California personal injury attorneys around the state are watching this case with great interest. The ruling by the California Supreme Court could have a big impact on cases handled by Southern California personal injury attorneys like Mr. Habbas now and in the future. If you or someone you care for has been injured or lost and you’d like to speak with an experienced personal injury lawyer, call the Law Offices of Samer Habbas today at 888.848.5084.

Resource link:  Compensation for medical bills in california personal injury cases

5 Killed, 6 Injured in Three-Vehicle Auto Accident on Interstate 5

Tuesday, May 25th, 2010

Slick roads may have been a contributing factor in a three-vehicle auto accident that claimed the lives of five people and sent six more to local hospitals for treatment of their injuries. The accident occurred recently on Interstate 5 near Newhall Pass just before midnight when a Mazda pickup truck spun out of control, struck the center divider and overturned. A Nissan Altima with six occupants was traveling behind the truck at an estimated 60 mph when the driver of the truck lost control.

The Altima’s driver attempted to avoid striking the truck and veered to the right, but was unable to avoid colliding with the overturned pickup. A Chevrolet Suburban behind the Nissan was traveling at 50 mph and was unable to avoid striking the Nissan. The four people riding in the Suburban were injured including the driver who was arrested on suspicion of operating a vehicle without a valid driver’s license. California Highway Patrol officers investigating the accident said that heavy rainfall that evening and slick roads could have prevented the drivers of the Nissan and Suburban from stopping in time to avoid the collisions.

If you or someone you care for has been injured or lost in an auto accident, Long Beach auto accident lawyer Samer Habbas may be able to help you recover the compensation you deserve. Mr. Habbas is a California auto accident attorney with many years of experience helping people recover damages to help pay for medical bills, lost wages and other accident-related expenses. Call 888.848.5084 today to schedule a free consultation with Southern California auto accident attorney Samer Habbas. He can explain the laws that apply in plain language so that you and your family can make informed decisions about which course of action will be best for you.

Resource link: 5 Killed, 6 Injured in Three-Vehicle Auto Accident on Interstate 5

« Older Entries