Loss of Household Services: An Overlooked Element of Damages

When we ask our clients questions about the “loss of household services,” they usually don’t realize that they should be compensated for this element of damages.  In a personal injury action, common items of damage include economic damages, such as medical expenses (past and future), lost wages, and lost earning capacity, and non-economic damages, such as pain and suffering,etc.  But … Read More

Janssen Malloy LLP Criminal Restitution Award Upheld on Appeal

In People v. Clark, Janssen Malloy LLP represented a victim of a sexual assault.  Pursuant to statute, victims of Penal Code (PC) section 288 are entitled to recover in criminal courts for pain and suffering as part of restitution.  PC section 1202.4(f)(3)(F) provides for the recovery of non-economic losses, including but not limited to psychological harm caused by a violation of … Read More

Advocating for Victims in a Companion Criminal Case

Often in personal injury and wrongful death cases the District Attorney’s (“DA”) office will be in a position to consider filing criminal charges.  In such circumstances the attorney you hire to represent you in the civil case should protect your rights and give voice to your concerns in the associated criminal case.  The concept of crime victims having specific rights in … Read More

Three Feet for Safety: New Protection for Bicyclists

California recently enacted a new provision for protection of bicyclists on our roadways, Vehicle Code section 21760, popularly known as the “Three Feet for Safety” law. This provision states that a driver of a motor vehicle overtaking and passing a bicycle going the same direction shall only do so at a safe distance, no less than three feet from the … Read More

Breaking the Logjam: CCP Section 998 Offers

Lawyers have their own peculiar jargon, often using just numbers to convey positions, settlement offers, and tactics.  One of the most commonly used numbers is found in Code of Civil Procedure (CCP) Section 998, technically an “Offer to Compromise” in a dollar certain amount that settles the litigation.   An “Offer to Compromise” pursuant to CCP Section 998 can be made … Read More

Mitigation of Damages in Personal Injury Cases

In personal injury cases, a plaintiff is not entitled to recover damages for harm that a defendant proves the plaintiff could have avoided with reasonable effort.  This concept is known as the plaintiff’s duty to mitigate damages.  The rule of law is stated in the standard jury instruction on the topic “Mitigation of Damages,” found in the Judicial Council of … Read More

Motorcycle Crash Case Settles for $300,000

Janssen Malloy LLP partner Michael J. Crowley last week settled a motorcycle/truck collision case for the defendants’ $300,000 liability insurance policy limit.  Christopher Brimley was riding his motorcycle northbound on R Street in Eureka onto the Samoa Bridge when a southbound truck suddenly and illegally turned left in front of him just before the intersection of R Street and 4th … Read More

Oregon Jail Death Case Settlement

Janssen Malloy attorneys Michael Crowley and Megan Yarnall recently negotiated a $450,000 settlement with the City of Cottage Grove, Oregon in a civil rights lawsuit filed following the May 2012 death of twenty four year old Nathan Cooper in the Cottage Grove Municipal Jail. Mr. Cooper was in custody serving a ten day sentence for possession of a single Xanax … Read More

Devil’s Playground Accident Settlement

Janssen Malloy’s Patrik Gregio recently negotiated a $400,000 settlement with the City of Eureka for a client, Kathleen Anderson, who was injured in an accident at Devil’s Playground behind the Bayshore Mall in Eureka .  Prior to the settlement the case went to trial on liability, and Ms. Anderson received a jury verdict finding the City to have been 70% … Read More

Auto Insurance Policy Med-Pay: What is it?

Most California automobile insurance liability policies include (or offer to include) medical payments coverage, or “med-pay,” for short. Most people aren’t familiar with med-pay coverages, don’t know whether they have this coverage, and don’t know how to open up or engage such coverage, even though they have paid a premium for it. This column will address and explain the concept, … Read More