Toyota Motor Corporation has decided to enter into intensive settlement negotiations with those plaintiffs who have filed suit against them alleging defects which caused their vehicles to accelerate suddenly and crash resulting in serious injuries and/or deaths.

Toyota, the world’s largest automaker, has been fighting these claims since 2009. They have already spent approximately two billion dollars in legal costs suffering some of the worst damage to its public reputation in automotive history. Toyota’s change of heart occurred after they lost their first sudden crash acceleration case which engine software occurred in Oklahoma. That jury determined that the defective electronic on the Camry caused an accident which killed one woman and seriously injured another. The jury assessed a three million dollar verdict against Toyota. The day after Toyota opened talks to resolve hundreds of sudden crash acceleration cases, which had been coordinated in Orange County Superior Court in California they settled a separate lawsuit which was filed in West Virginia. In that case, 2010 Camry accelerated and crashed into a trailer injuring the driver’s neck and back.

The next case scheduled to begin trial is in Michigan. That case involves a 77 year old woman whose 2005 Camry crashed into a tree killing her.

The issue of software malfunction causing these sudden crash acceleration cases has been suspected, and alleged for years by many automotive design products liability attorneys. Its only recently, that Toyota, after years of denying any such defects exist, has finally conceded that these types of defects are real.

If you, or a loved, have been involved in any claim and have been seriously or catastrophically injured as a result of an automotive defect call, Gary Sernaker, he is an attorney who has been handling such claims for over 30 years. He is available to review your case with you and represent you in order to obtain appropriate compensation for the harm inflicted as a result of the automotive defect involved.

If you have any questions pertaining to an automotive defect, please contact Gary Sernaker at (858) 509-0188 or email at gsernaker@gmail.com

Photo Credit: Mercy Health, Flickr.

I recently had an opportunity to review a retainer agreement from a “so called motorcycle attorney” his fee started at the standard 33-1/3 percentage initially upon being hired however in sixty days it went to 40% and then 45% a lawsuit was filed.

I agree that the basic contingency fee agreement should not be a flat fee it should reflect a percentage fee to be paid based upon the level of work which is typically required in order to obtain resolution of a claim. My office typically charges a 25% initial retainer fee which then goes up to the standard 33-1/3 percentage if court ordered mediation or arbitration is required after the case is filed. The fee increase reflects the fact that additional work would be required in order to formally present the case to a court ordered mediator during the mediation that typically can last anywhere from 4 to 8 hours or longer. An arbitration is really a mini trial which requires the same preparation but can be completed much quicker than a conventional trial.

There are certain times that the fee could increase to 40% if the case proceeded to trial. The amount of time and effort needed to prepare almost any case for trial can justify that fee increase.

The fee arraignment, suggested by the other attorney, was excessive and unconscionable. There is no excuse for any contingency fee, which is only paid in the event of a recovery, to increase solely because of the passage of time (in this case its 60 days with no work being actually done of the file attempting to resolve it) or simply because a lawsuit was required to be filed.

The fee which an attorney charges and more importantly receives, from the proceeds of either a negotiated settlement, or a verdict should reflect the expertise, and efforts of the attorney and his staff in obtaining an optimum recovery on behalf of his client.

The retainer agreement, should be a first indication of whether or not the attorney considered to be hired is really concerned about the clients’ best interest, as opposed to negotiating an excessive fee.

Unless there is some unusual complexity regarding the underlying case itself, or uncertainty concerning whether or not an actual recovery will occur no lawyer should ever charge more than 33-1/3 of the gross amount recovered prior to trial regardless of what the circumstances of the case are. Attorney Gary Sernaker has been representing individuals for over 30 years both fairly and reasonably doing his best for his clients while making every effort to minimize the expenses and fees that they are required to incur as a consequence of their injuries caused through the fault of another. If you have any questions or would like some additional information regarding what his representation will entail please contact him at (858) 509-0188 or email at gsernaker@gmail.com.

Typically, if you’ve ever been involved in an automobile accident that was the fault of another motorist, their insurance company representative will routinely request that you provide a tape recorded statement of what occurred. The representative innocently asks you to recount how the accident occurred and a description of whatever injuries or damages you are claiming. This request is usually presented as a pre-condition towards the resolution of any claim that is being presented. Therefore, the request is really an ultimatum where the insurance company representative is insinuating that no action will be taken to resolve the property damage aspect of the claim, or any other issues, until full cooperation is provided.

However, there is absolutely no requirement under California Law that such a statement be provided before the responsible party’s insurance carrier is obligated to provide payment for the damage done to your vehicle. Under California Regulations, the insurance company is required to resolve the property damage claim within thirty (30) days of the collision.

In most cases, the opposing party’s insurance company, will have an opportunity to obtain a copy of the police report confirming their insured’s responsibility for causing the accident, or would be able to discuss exactly what occurred with their own insured to reconfirm their culpability in causing the accident.

The real reason why an insurance company wants to obtain a recorded statement from you is to have some ammunition that they can use against you if a formal claim for personal injuries is pursued. They are hoping to catch you in providing information that may be incomplete or factually incorrect based upon your recollection at the time that this statement is taken.

Typically, the individual pressured to provide the statement, is injured. The victim may also be under the effects of pain or anti-inflammatory medication that often can cloud or interfere with his or her recollection regarding their medical history, prior accidents, or other treatment for similar type complaints that you might have received in the past.

Often, innocent lapses of recollection or inadvertent mistakes, regarding certain information provided during the recorded statement, will be stockpiled by the insurance carrier or their attorneys until they can use it to undermine your credibility. To have the jury question the allegations that you are making regarding your injuries related to the subject automobile accident.

In over 30 years of practice, I have never been required to have my client provide a statement in order to have their claim either evaluated or resolved. There is no obligation for you to provide an insurance company’s representative with a statement. The only reason it’s requested is to obtain potential adverse information which they can use at a later time.

If you would like to test the true motives for requesting this type of information, then merely ask the adjuster to put in writing, that the statement can only be used for settlement purpose and cannot be used later on for any reason, either during your deposition or at the time of trial. Also demand a copy of the transcribed statement.

At that time, you will be in a better position to determine whether or not the request is made in a genuine attempt to confirm the facts of the accident or as a method to obtain potentially contradictory information that can be used later on against you.

If ever you have any questions regarding any demands that an insurance company’s representative is placed upon you, when you are involved in an accident that was not your fault, please feel free to contact the Law Offices of Gary A. Sernaker. Gary Sernaker has been fighting with insurance companies in order to obtain reasonable and fair compensation for his clients for over 30 years.

The Law in California was changed several years ago to protect restaurants and bars who furnished alcoholic beverages to adults if their patrons subsequently became so intoxicated that they injured an innocent third party while on their way home or more typically while driving to their next bar.

In 2011 the legislature amended the law to reinstate liability of social hosts (i.e. parents or adults) who knowingly furnished alcohol beverages at their home to persons they knew or should have known to be under age 21 years old.

Graduation parties, birthday celebrations or other events held at a person’s home, would provide a basis for liability under this law if the parent or adult in charge knew or should have known that alcohol would be served to under aged drinks.

Each year, high school graduates and other under aged drinkers, are involved in catastrophic automobile accidents that involve not only the under aged driver and their passengers but innocent third parties who are on the roadway are at the wrong place and the wrong time.

It is important for parents hosting these parties to understand the legal risks involved and their responsibility to their guests and the innocent third parties who may be injured when the party is over.

If you or a loved one have been involved in a serious injury involving a minor who was served alcohol at a party or at a social gathering, held at an individual’s home, please contact attorney Gary Sernaker to discuss your legal rights that either you or your family member may have as a consequence of the adults hosting the social gathering in violation of California law.

The misuse of social media, available to minors, has become an unfortunate source of abuse and harassment usually directed against kids who are unprepared to deal with the emotional barrage unleashed against them.

In extreme circumstances, these orchestrated social media directed attacks have resulted in the recipients to eventually commit suicide.

The unfortunate development of this trend appears to be growing. Criminal prosecutions of participants directing these attacks appear to be gaining wider acceptance throughout the country.

The next question is the extent to which a parent can be held responsible for the acts of their child based upon their unsupervised and unrestricted use of personal data devices which are operated under so-called “family calling or internet plans”.

California Civil Code Section 1714.10 limits parental liability for willful misconduct of minors resulting in injury or death to another person only $25,000 when the parent is responsible for the actions of the minor. The parents’ homeowner’s insurance carrier would be further obligated to only pay up to $10,000 for any conduct resulting in injury to another which the parent is held responsible for.

It is important to understand that these limitations are based upon the parents’ vicarious responsibility for the acts of their child. However, in those instances where the parents themselves could be held negligent for their failure to have properly monitored and supervised their children utilizing their Smart Phones, iPads and computers. There remains the potential for significant liability to be found directly against the parent for their own inability to have supervised and controlled their child who participated in abusive conduct, in concert with others, against an individual out of spite or to emotionally upset the intended recipient.

Parents have the responsibility and a duty to make sure that their own children are not engaged in contact intended to harass, bully or psychologically upset anyone, whether it’s another student, teacher or anyone else in the community. The capability of mobilization of opinion and action, by social media, is a very powerful one. It is critical that these capabilities are not abused in anyway regardless of how unintended the true consequences may be.

If you or any member of your family have been victims of harassment or cyber bullying then please contact the Law Offices of Gary Sernaker to discuss your legal rights and options available to protect yourself and to obtain compensation for the emotional distress and damage which resulted from these types of attacks.

No one is immune; we take it for granted in today’s world that dangers are everywhere. Serious accidents and fatal injuries happen, somewhere, every day. What happens if an accident that causes your family member’s death is due to someone else’s negligence? Experiencing any family member’s death is devastating, but a sudden, accidental death is even more tragic. In the immediate aftermath of such a death, going to court is difficult to think about, but you probably need to contact an experienced personal injury attorney and file a wrongful death suit as soon as possible. Dealing with a sudden death and a lawsuit too is doubly difficult, but you’ll need to do it. If your deceased loved one was the primary wage-earner, you need to think about supporting your family. No two cases are identical, but you should be able to find an experienced personal injury attorney who has worked with clients in similar circumstances on wrongful death cases.

If you already face one tough emotional challenge, you shouldn’t have to suffer a financial crisis as well. A successful wrongful death claim can recover damages for medical bills, pain and suffering, loss of income, loss of companionship, and in some cases even more. A good personal injury attorney will work diligently to win every cent of compensation you deserve while understanding the grief and pain you are still suffering. If you’ve lost a family member to a wrongful death, you’ll have to deal with legal and emotional issues simultaneously, and it may be doubly difficult, but it’s imperative to initiate a wrongful death suit as quickly as you can. Speak to an experienced personal injury attorney right away. He or she can help. In the San Diego area, if your family has suffered a sudden wrongful death, please contact attorney Gary Sernaker to discuss your rights and options under California Law.

What’s unique about product liability cases is the legal concept of “strict liability,” which holds a product’s manufacturer or distributor “strictly” liable for injuries caused by a defective product, without any legal need for direct proof of negligence or irresponsibility. In other words, a plaintiff may recover damages even if manufacturers and distributors have exercised all reasonable care in the creation, transport, and sale of a product. Product liability is thus unique because in most other personal injury cases – slip-and-fall cases, for example – a defendant must be found negligent to at least some extent before damages will be awarded.

In a product liability case, an injured plaintiff still must prove that the product was defective, that the defect directly caused the personal injury, and that the defect thus made the product dangerous. A plaintiff who can prove these three charges may recover damages even if the seller has not been “negligent” in any direct or premeditated way. Purchasers of a defective product, as well as injured guests, bystanders, or others with no direct relationship with the product, may also sue for any damages caused by the product.

In product liability lawsuits involving injuries caused by manufactured products, the concept of strict liability has had a major impact. In 1963, the California Supreme Court became the first court to adopt strict liability for defective products. Product liability lawsuits may be filed for two reasons: either a defect in a product’s design or manufacture, or improper product marketing (including failure to warn consumers of risks or to provide adequate instructions). Additionally, to win a product liability suit, a plaintiff must have been using a product as it was intended to be used. Damages may include compensation for medical expenses and lost wages; punitive damages, intended to punish a defendant’s irresponsible and injurious actions, are sometimes also awarded.

If you’ve been injured by a defective product, and you believe you have a possible product liability case, consult an experienced personal injury attorney as quickly as possible. Statutes of limitations will restrict the time you are allowed to file a lawsuit, so you’ll need to act immediately. In the San Diego area, if you or a family member has suffered a personal injury because of a defective product, please contact attorney Gary Sernaker to discuss your rights and options under California Law.

Photo Credit: Mercy Health, Flickr.

Most job-related injuries happen when workplace equipment fails or otherwise breaks down due to a design or production defect. Employees who become personal injury victims in these cases may choose to pursue a product liability claim against the equipment’s manufacturer. When workers who drive are injured by other drivers, they often pursue personal injury claims against those drivers or their auto insurance providers. These are just several of the ways that non-employer third parties are being legally taken to task for a number of workplace-related injuries.

Workers’ compensation was designed only to cover basic needs and expenses of workers during job-related injury and recovery periods. Your employer likely “covers” your work-related injuries through workers’ compensation, but those payments do not in fact cover most people’s real losses and real needs. However, if a third party’s oversight or neglect was partly or fully responsible your workplace injury, you should speak as quickly as you can to an experienced personal injury attorney. You may be able to recover further damages if a third party was in any way responsible. A good personal injury lawyer is always ready to evaluate your case for you and defend your right to full compensation.

An experienced personal injury attorney can explain the challenges you will face together and will guide you through the legal system. Additionally, an experienced personal injury attorney will work to expedite the process so that you receive your compensation in the timeliest possible manner. If you have been injured in the workplace, speaking to a good personal injury lawyer is the wisest move you can make. In the San Diego area, if you or a family member has suffered a personal injury in a work-related accident, please contact attorney Gary Sernaker to discuss your rights and options under California Law.

Many know that the National Football League (NFL) this year reached a $765 million settlement with former players over the league’s handling of brain trauma cases. The settlement will not include the families of players who died prior to 2006; the former players felt pressured into a settlement that many wanted to refuse. Families of many players who died or killed themselves for reasons related to brain trauma will collect no compensation.

When someone suffers a physically traumatic incident like a fall, a car accident, or a professional football game, we naturally look for injury signs such as bruising, swelling, cuts, or abrasions. We know – at least from the news stories about NFL players – that closed head injuries are frequent, but they’re seldom diagnosed immediately and accurately.

It’s imperative to obtain immediate medical treatment upon an accurate diagnosis of a closed head injury. As soon as possible, also seek legal advice from an experienced personal injury attorney. Lasting effects of a closed head injury can be severe and may lead to seizures or even impaired brain function, which may eventually be disabling. Concussions can be serious, so treat them seriously. Multiple concussions have been shown have cumulative, long-term effects. Concussions and other closed head injuries often cause sleep disorders, depression, or anxiety.

More education, including the recent stories about the former NFL players, is slowly improving our understanding of closed head injuries and is prompting more victims to seek help. If you’ve suffered a closed head injury, and another person’s negligence was the cause of your injury, you may be able to recover medical expenses, lost wages, and more with a personal injury lawsuit. An experienced personal injury attorney can evaluate the specifics of your case and give you the legal counsel and representation you need. In the San Diego area, if you or a family member has suffered a closed head injury in an accident, please contact attorney Gary Sernaker to discuss your rights and options under California Law.

If you slip, fall, and suffer an injury on another person’s property, speak at once to an experienced personal injury attorney. You may be able to recover damages for medical expenses, lost wages, and more. If you’re a property owner or a property manager, protecting the safety of others on your property – as well as protecting yourself against slip-and-fall suits – has to be a paramount priority. Falls are a common cause of injury, especially among those over age 65, and a common cause of outdoor falls in southern California is uneven pavement. Broken or uneven sidewalks and driveways are almost always caused by tree roots pushing up concrete.

Most trees grow rapidly, and their roots often push up under driveways or sidewalks in just weeks. If any part of your sidewalk or driveway is elevated more than a quarter of an inch, fix it immediately before someone is injured. Concrete is not forgiving, and a quarter-inch is just enough elevation to trip someone and cause a potentially serious injury. Sidewalk safety may be as easy as paying a contractor to grind the elevated sections of sidewalk to remove the hazard. In more advanced cases you may have to remove the entire section of sidewalk, get rid of the tree roots, and pour new concrete.

Of course, careful landscaping can prevent uneven pavement. Don’t plant growing trees within 20 feet of driveways or sidewalks. Even small trees should be at least 10 feet away. Palm trees are a good option, especially in southern California. Their roots don’t swell, so they’re less likely to damage driveways and sidewalks.

If you are injured in a slip-and-fall, speak to an experienced personal injury attorney as quickly as you can. A good personal injury lawyer will evaluate your case, outline your options, and help you to receive the compensation you deserve. It’s possible that you may be awarded damages for medical expenses, lost wages, pain and suffering, and more. In the San Diego area, if you’ve slipped or tripped, fallen, and suffered an injury on another person’s property due to that person’s negligence, please contact attorney Gary Sernaker to discuss your rights and options under California Law.