Tag Archive

When there are more claimants under a defendant’s auto liability policy coverage than the amount of the defendant’s coverage limits, the “not enough to go around” problem arises.  Let’s take a typical scenario in an auto collision personal injury matter in which there are three claimants (injured people), but the responsible defendant has an auto liability insurance coverage of $25,000/person, … Read More

Most people don’t think of uninsured (“UM”)/underinsured (“UIM”) coverages when they hear the word “stacking;” but California’s Insurance Code prohibits “stacking” of UM/UIM coverages.  UM/UIM coverages become important when a person is injured by someone operating a motor vehicle who is uninsured or underinsured.  Suppose our client is hit by an uninsured driver (often the case with drunk driver defendants); … Read More

What happens when a person is seriously injured, but their medical expenses far exceed what can be recovered from the defendant’s insurance coverage?  Can the injured person’s health insurance carrier get all the money back they paid for their medical care, even if that leaves the person not fully compensated (not “made whole”)?  The language of the insurance contract itself … Read More

Janssen Malloy LLP this month obtained a $1.5 million recovery for our client in a motorcycle crash hit and run case.  While the Eureka Police Department initially listed the defendant hit and run driver as “unknown” (since he fled the scene of the collision), our investigation located the defendant, and we were able to prove liability and recover the limits … Read More

Most people are familiar with the idea of lost wages: wages or income lost due to injury, for example.  Proving loss of future earnings in a personal injury case is not limited only to the amounts the injured person would have received in the future but for the injury; it also can include damages for “impaired earning capacity.”  The former … Read More

An injured plaintiff does not get a vote on the amount of a defendant’s insurance policy coverage limits, and also didn’t get a vote on the defendant’s carelessness that rendered the plaintiff injured.  So when the defendant’s insurance carrier offers the defendant’s policy limits in a case where the plaintiff’s injuries and damages far exceed those coverage limits, what remedy … Read More

It is common these days for people (especially younger people) to post photos and information about themselves and their activities on Facebook, Instagram or other social network platforms.  When people post these photos and messages, they usually are not thinking that such information will be available to the opposing side in litigation should they get injured and be pursuing a … Read More

Janssen Malloy LLP recently obtained a $3.2 Million judgment for a client attacked and mauled by a Black Russian Terrier dog in Los Angeles.  Our client, who was walking her dog with her husband in the Koreatown neighborhood of Los Angeles, was attacked by a large dog that had escaped from the owners’ property.  The dog bit and mauled her … Read More

Janssen Malloy LLP routinely handles personal injury cases that arise out of a criminal context, e.g., damages or wrongful death caused by a drunk driver (a violation of Penal Code section 23153).  Parallel to and alongside the civil personal injury action for damages, if the responsible defendant is convicted of (or pleads guilty to) felony charges, the defendant may be … Read More