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
Stacking of UIM Coverages: Not a New Board Game
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
Has the Plaintiff Been “Made Whole?”
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’s Geographic Reach in Personal Injury Cases
We as a firm are proud of our roots in and connection to the Humboldt County community. It is no coincidence that our office looks out at the County Courthouse, a fact that becomes especially helpful when we are in trial across the street. However, while we are without a doubt a Humboldt County law firm, our practice and present-day … Read More
$1.5 Million Settlement in Motorcycle Hit & Run Case
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
Impaired Earning Capacity (not Just Lost Wages)
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
Defendant’s Insurer Has Offered the (Inadequate) Policy Limit: Now What?
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
Think Your Facebook/Instagram Post is Private? Think Again
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
Corporate Smokescreens Cannot Stop Janssen Malloy LLP’s Consumer Advocates
For businesses, one of the great safeguards against liability is the idea that a plaintiff injured by the business can only recover a judgment from the corporate entity that actually injured them. This is one of the primary reasons our legal system recognizes corporations- to encourage business innovation and enterprise without fear that the individuals operating the business could be … Read More
Victim of a Crime? Submit a Claim to the Victim Compensation Board
After experiencing the pain and indignity of a crime, a crime victim may be left attempting to navigate the court process and communicate with law enforcement and the district attorney’s office, which can be frustrating in its own right. Several of Janssen Malloy LLP’s attorneys have experience both in criminal and plaintiffs’ personal injury law that informs their ability to … Read More