Humboldt County not only has the dubious distinction of having one of the highest auto collisions rates in California, but also leads the way in pedestrian/vehicle collisions, which often lead to serious personal injuries or death to the pedestrians. The Eureka Times-Standard (“Times-Standard”) reported in 2017 that between 2009 and 2014, Eureka ranked among the top three spots for pedestrian … Read More
Be Your Own (Patient) Advocate
When people are injured through another’s negligence, often they are unsure what medical treatment is appropriate for their injuries, and they are sometimes discouraged from having those injuries properly evaluated and diagnosed. A person who suffers knee pain after a motor vehicle collision, for example, may be told by health care providers that it will just take time to heal, … Read More
Trial Preference in Civil Cases Based on Felony Conduct
California Code of Civil Procedure (CCP) section 36 provides a mechanism for certain civil litigants – the elderly, minors age 14 or younger bringing a wrongful death action, or the terminally ill – to have the court schedule their trial within 120 days. Janssen Malloy LLP partner Michael Crowley previously wrote about the procedure here. A lesser known provision of that … Read More
Janssen Malloy LLP Recovers $500,000 Policy Limits in SF Ladder Case
Janssen Malloy LLP recently obtained a $500,000 policy limits recovery for a client injured after falling from a ladder with rotten rungs in San Francisco. Our client was visiting family in San Francisco over the holidays when she went up a fixed wooden ladder that ascended to the roof to look at the view. Unbeknownst to our client, the top … Read More
Trying the All-Too-Common Dog Bite Case
In 2009 the Centers for Disease Control and Prevention studied the incidence rate of dog bites and found that an estimated 4.5 million dog bites that occur annually nationwide result in over 300,000 hospital emergency department (ED) visits. An ED visit following a dog bite is on average about 50% more expensive than for any other reason. A 1932 California law, … Read More
Cubital Tunnel Syndrome
Most people have heard of carpal tunnel syndrome, which concerns pain and restrictions in the hand and wrist from (mostly) repetitive motion. Less well known is cubital tunnel syndrome. The ulnar nerve, which runs down the arm to the hand, goes through a narrow tunnel called the cubital tunnel as it passes through the elbow, then proceeds through the carpal … Read More
When a Loved One is Conserved
What do you do when a family member who is conserved is injured by another’s negligence? “Conserved” means that a court appointed conservator, depending on the court’s order, may have authority over both the person (including where the person may be living, such as in an appropriate facility for their needs) and their finances (the estate). Normally this is done when a … Read More
Criminal Restitution and Insurance in Personal Injury Cases
While representing individuals who have been harmed by the intentional, or in some instances, negligent, criminal conduct of others in personal injury cases in civil suits, Janssen Malloy LLP’s attorneys work to help crime victims and their families secure a criminal restitution order to offset damages that the civil lawsuit alone may not cover. Insurance policy limits, medical expense liens, … Read More
Trial Preference for Those Over 70
The California Code of Civil Procedure (CCP) provides for expedited trial setting for those over 70 if the court finds that 1) the party has a substantial interest in the action as a whole, and 2) the health of the party is such that preference is necessary to prevent prejudicing the party’s interest in the litigation (CCP Section 36 (a)). … Read More
Avoid the Affordable Care Act’s (Rising) Tax Penalty – Be Insured!
A key – and controversial – provision of the 2010 Affordable Care Act is the “individual mandate,” which requires that unless you qualify within one of a few, limited exemptions(link is external), you must obtain qualifying health insurance coverage or face paying a fee. In 2016, that fee is the higher of either a) 2.5% of household income or the total … Read More