In 1992, news media across the United States exploded over a now-infamous personal injury case in which a woman (Stella Liebeck) was awarded just short of $3 million in damages when she spilled a cup of scalding hot coffee in her lap. This case has become synonymous with America’s over-litigious society and a supposed lack of common sense. However, when you take a closer look at Liebeck’s case, you may be surprised to find out that this was not a greedy woman attempting to get rich off of a small injury.

In fact, upon examining the details of this case, you might come away with an entirely different point of view. This is not a case of greed; it’s a case of a large corporation refusing to address an elderly woman’s reasonable request for compensation for medical costs. In this case summary, you’ll see what actually happened, how Liebeck sought reasonable compensation, and how, by refusing to pay that compensation, McDonald’s set themselves up for a much larger suit.

The car was parked so that Ms. Liebeck could put cream in her coffee. With the cup between her knees, she attempted to remove the lid and accidentally spilled the entire contents of the cup in her lap. Her sweatpants immediately absorbed all of the coffee, holding the hot liquid against her skin and resulting in scalds over her thighs, buttocks, and groin.

At the hospital, doctors found that she had suffered third degree burns, and Ms. Liebeck underwent skin grafts and lost over twenty pounds during her eight-day stay at the hospital. Her full medical costs were expected to reach at least $18,000.

Under tort law, Ms. Liebeck attempted to pursue compensation for her medical bills in the form of a $20,000 settlement with McDonald’s. You can see, at this point, that Ms. Liebeck was only asking for a small percentage more than her actual and expected medical costs. Instead of agreeing to pay this relatively small figure, though, McDonald’s offered to settle at just $800.  

At this point, Ms. Liebeck retained a personal injury attorney who filed a gross negligence suit against McDonald’s. However, at this point Ms. Liebeck and her attorney were still not asking for seven figures. Rather, her attorney offered to settle at $90,000. McDonald’s refused, and the case proceeded to trial.

It should also be noted that, just prior to trial, Ms. Liebeck’s attorney offered to settle once more for $300,000, but McDonald’s refused this, as well. You can see that McDonald’s had no fewer than three chances to settle at much lower costs than what was eventually awarded to Ms. Liebeck.

When the case went to court, the jury determined that Ms. Liebeck was 20% liable for the incident due to the warning label on the cup of coffee and that McDonald’s held the other 80% of liability for the incident. In the end, for compensatory damages, Ms. Liebeck was awarded $160,000 plus an additional $2.7 million in punitive damages, a number that was reached based on two days’ worth of McDonald’s revenue from coffee sales. However, Ms. Liebeck did not actually receive millions of dollars in damages, as the judge reduced those damages to $480,000. All told, Ms. Liebeck did not receive millions but rather settled after trial on an undisclosed amount that was reported as less than $600,000.

If you believe that you have a personal injury case against a large or small corporation, do not hesitate to talk to the Los Angeles product liability attorneys. Ms. Liebeck is not a millionaire from her ordeal with McDonald’s, but she did eventually get compensation for her injuries.

As you no doubt already know, the Supreme Court recently granted marriage equality to all couples across the United States, regardless of sex. Many have brought up the implications for certain churches (the Episcopal Church, for example, has decided to allow gay marriage rites) and government bodies (certain officials in Louisiana and Mississippi are attempting to hold out against the decision).

Others have brought up the benefits that same-sex married couples may now reap across the country, including health insurance benefits, hospital visitations, and tax benefits. Few people, however, have discussed the implications and benefits for these couples in personal injury law cases.

Wrongful Death Tort Cases

To fully understand how this decision can help same-sex couples, we must first discuss tort law and wrongful death cases. Basically, tort laws are in place to protect people and help them gain compensation when they (or their loved ones) are the victim of unreasonable actions on the part of someone else. For example, if you’re injured on the job through no fault of your own and you can prove negligence on the part of your employer, you can bring a tort case against them to sue for damages.

Likewise, if someone you love is the victim in a wrongful death tort case, then you may be able to bring a case against the responsible party or parties. However, there are some limitations on who may sue in a tort case. And this is where the Supreme Court’s decision comes into play.

Before this decision, if one person in a same-sex couple were to be wrongfully killed, their partner would not be allowed to sue for damages because they were unmarried. Thus, no matter how long the couple had been together or how committed they were to each other, in the case of wrongful death, the surviving partner would not be entitled to any damages for pain and suffering, loss of support and services, and/or loss of companionship and protection.

Even in cases in which the couple had been married in a state where gay marriage was legal, if an accident or wrongdoing occurred in a state where their marriage was not recognized, they would be left with no compensation and no recourse.

For example, let’s say that a couple was married in California but lived in Florida, and one of them was killed on the job in their home state. In Florida, only the decedent’s “survivor” may sue for damages, and “survivor” is very clearly defined in this case as being the legal spouse. Because – until just recently – gay marriage was not recognized in Florida, the surviving member of the couple would not have been able to sue because their marriage would not have been recognized by the courts in Florida.

Supreme Court Decision Give Couples Hope for Compensation

Now that same-sex couples are legally allowed to get married in all 50 states – and now that all 50 states must recognize those marriages – these couples no longer have to fear what might happen in the case of a serious accident or wrongful death case. While no one wants to think of their husband or wife being killed on the job or in an accident elsewhere, it is at least comforting to know that you will have some recourse if the worst does happen.

Whether you are affected by the Supreme Court’s decision to guarantee marriage equality or not, you should know your rights if your partner, spouse, or another loved one is injured or killed through no fault of their own. Call a qualified personal injury attorney in Los Angeles today to discuss your options.

Whether you know it or not, according to California law, a bicycle is a legal vehicle and should be ridden on the road with the flow of traffic. According to the California Vehicle Code, people operating bicycles on the road have all of the same rights and responsibilities as motorists. That means that they are not legally allowed to ride on the sidewalk, ride against traffic, or run stop signs and traffic lights.

Though California is one of the more progressive states in the country and has access to bike paths and bike lanes in most urban and suburban areas, there was a call earlier this year for legislation to be passed to make it mandatory for all adults riding bicycles to wear helmets.

While it’s a good idea for anyone to wear a helmet while riding a bicycle, it is not mandatory in the state of California if you are over the age of 18. By law, all minors must wear helmets when cycling, but once you reach adulthood in the eyes of the state, you are then allowed to make your own decision. In February of this year, though, Senator Carol Liu wanted to change that, stating, according to the Huffington Post, that, “Any responsible bicycle rider should wear a helmet… This law will protect more people and make sure all riders benefit from the head protection that a helmet provides.”

Because nearly any accident involving a bicycle and a car is likely to cause injury to the cyclist, you might at first think that cyclists would accept this kind of legislation with open arms. You would especially expect this because it is impossible for cyclists and cars not to share the road in some areas in California. However, many cyclists are actually claiming that a helmet law would make bicycling in California more dangerous.

How is that possible? Basically, the argument states that motorists tend to get in more accidents when something unexpected happens. To better explain this, let’s take a somewhat ridiculous example. You wouldn’t expect to see a cow standing in the middle of the street in San Francisco, right? So you as you drove along, you wouldn’t slow down in anticipation of a cow. If one happened to be standing in the street as you came around a corner, you would be more likely to hit it than you would be to hit a pedestrian in a crosswalk, another car overtaking you in a passing lane, or any number of other factors that you encounter every day.

The cyclists’ argument is simple. If a helmet law is enacted, then fewer people will want to ride their bicycles to work, school, or to run errands. Having fewer cyclists on the roads will lead to less driver awareness of cyclists. When drivers stop looking for cyclists sharing the road with them, more accidents occur. While the cyclists on the road would be more likely to have protection when hit by a car, the likelihood of getting in an accident would be increased. Therefore, the overall safety of cycling in California could actually decrease.

From a legal perspective, this legislation – which has not yet passed – is interesting. From a cyclists’ perspective it may actually be terrifying. If you use a bicycle to commute to work or school, you should know your rights and how to behave consistently with California bicycle laws. You should also keep the contact information for the Los Angeles bicycle attorney with you whenever you hit the road. With or without a helmet law, if you’re in an accident, a personal injury attorney can give you the representation you need.

Whether you’ve been injured on the job or in an auto accident, or in other circumstances in which you had no fault, you are most likely due compensation. In an auto accident, the at-fault driver’s insurance company should cover costs of damage to your vehicle, medical bills, and pain and suffering, as well. Likewise, if you’re injured at work and you can prove negligence, your employer’s insurance company should cover your costs, too.

However, though they are obligated to compensate you for trauma, injuries, and property damage, insurance companies will often try to low-ball you with their settlement offers. Even if a settlement offer seems fair, remember that it is in the insurance company’s best interest to pay you as little money as possible. As a result, it is generally in your best interest to discuss your claim and the insurance company’s offer with an attorney before you accept it.

The First Offer is Always Low
To understand how an attorney can help you get a fair settlement, you should first understand how insurance adjusters determine their offers. They will first get your story of what happened in the accident or incident. Then, they will investigate the at-fault party and obtain all documentation associated with the claim (including medical bills, damage to property, lost wages, etc.). They will make their first offer based on these factors and the amount of money they’re authorized to award (based on the other party’s insurance policy).

Be aware that no insurance adjuster is going start negotiations at the middle or top of their spending range. They will open with the lowest offer possible, which will usually do little or nothing to cover pain and suffering and may not even cover all of your medical bills or lost wages. However, countering their offer can be intimidating without professional assistance, which is where your personal injury attorney comes in.

Make an Appointment With a Qualified Attorney
Most reputable personal injury attorneys offer free consultations for cases like these. Schedule an appointment with your attorney and bring all of the relevant documents you have to your case with you. These will include medical bills, an estimate of damage to your vehicle (or any other property damage), documentation of lost wages, and anything else that you think might be relevant.

A qualified personal injury attorney will be able to use these documents to set a reasonable value on compensation for injuries, lost wages, and/or property damage. By talking with you, they can then set a value for pain and suffering. The two of you can then compare this value with the insurance company’s offer and determine whether or not it is fair.

Negotiations With the Insurance Company
In most cases, the settlement offer will not be acceptable, and you should negotiate for more compensation. At this point, keep in mind that insurance companies keep fleets of attorneys on retainer and that they make it their business to pay out as little as possible in personal injury cases of any kind.

Attempting to negotiate a good settlement on your own can be incredibly frustrating, as the insurance company will drag its feet and work as hard as possible to pay you as little as it possibly can. Personal injury attorneys spend their careers fighting for people like you to gain compensation from insurance companies. In most cases, you will gain more with an attorney in your corner – even after their fees are deducted – than you would attempting to negotiate without assistance.

If you have been injured in an accident or incident through no fault of your own, and you are owed compensation through another party’s insurance company, call an attorney today to discuss your claim.

Every state in the U.S. has its own laws that pertain to motorcycles and riders. California is no exception. However, California has very specific laws in place governing riders, their actions, and what they can and cannot do. Understanding these laws is the first step toward being a good rider.

A Look at How California Stacks Up Against Other States
Most of California’s motorcycle laws are similar to those of other states. For instance, you’re required to have a headlight on during daytime use (not for off-road riding). However, you’re not required to have eye protection on while riding. Unlike Florida and a few other states, you’re also required to wear a helmet at all times. If you’ve got a wired helmet, you’re limited to just one speaker inside.

In California, this is legal (unlike some other states). However, there’s a lot of controversy here, and the California Highway Patrol removed all mention of safety guidelines to it from their website and literature in 2014, which is seen by some as a prelude to outlawing the practice (it remains legal as of this writing, though).

You’ll find that California has a lot to say about the handlebar height on a motorcycle as well. If you’re thinking about installing “ape hangers” on your bike, you might want to think again, depending on the height in question. According to California law, “a person shall not drive a two-wheel motorcycle that is equipped with handlebars so positioned that the hands of the driver, when upon the grips, are more than six inches above his or her shoulder height when sitting astride the seat”.

California has a significant number of laws regarding motorcycles and trailers. For instance, if you’re pulling a trailer, you’re not allowed to exceed 55 mph and you must remain in the right lane. The only exception to that is if you’re on an interstate or another four-lane highway, where you’re limited to the two right lanes. Finally, motorcycles pulling trailers are not allowed in carpool lanes at all.

Finally, California motorcycle laws also focus on passenger safety. If you’re carrying a passenger on your bike, you must have both a passenger seat and passenger foot pegs.
By understanding these laws and regulations, you not only ensure compliance with California law, but make yourself a safer rider at the same time.

If you were in a car or motorcycle accident in Los Angeles or Southern California, please contact JustInjury Accident Lawyers @ (877) 687-1752 for an immediate free case analysis.