Personal Injury

According to a News 10 report from San Diego, an explosion at a hotel near Sea World has resulted in injuries for at least three people.  ABC News reports that hash oil was the cause of the blast.  One of the victims was said to be seriously injured and all three were transported to local hospitals to be treated for burn injuries.

According to authorities, a couple was extracting hash oil.  This process involves packing finely ground stems of marijuana into a pipe and pouring butane over the mixture.  The liquid is then heated to separate the butane. This results in an oil with a high content of THC, the primary drug found in marijuana.

Investigators found several canisters of butane in the room identified as the epicenter of the blast.  The butane was apparently ignited by someone smoking a cigarette. Read the rest »

Car accidents can be expensive. The cost of fixing the car, medical expenses, rehabilitative costs such as physical therapy, lost earnings – all of this can add up very quickly. If you were injured in a car accident, which was someone else’s fault, then, you should not have to take the loss. The at-fault party’s insurance company should pay for the damages you have incurred. However, if you are hit by a driver who doesn’t have auto insurance or does not have sufficient insurance to cover your losses, who pays? 

The Issue of Uninsured Motorists

The problem of uninsured drivers is a huge problem in California and nationwide. One in seven drivers in the country are uninsured, according to the National Association of Insurance Commissioners. Nationwide 13.8 percent of motorists are uninsured, a number that has climbed during the economic downturn as many financially-pressed Americans allowed their insurance to lapse. In 2007, insured drivers paid a hefty price for fellow motorists who have no policies — $10.8 billion — a number that continues to increase.

Insurance requirements vary by state. For example, if you are a driver in California, the minimum liability coverage is $15,000 of bodily injury protection person, $30,000 of bodily injury protection per accident and $5,000 of property damage per accident. However, there are times when the at-fault driver is uninsured or his or her insurance is not enough to cover your losses.

Why UIM Coverage is Critical

This is why it is critical that you have uninsured motorist coverage (UIM). If an uninsured motorist strikes your vehicle and you did not have this coverage, you may not be able to obtain full compensation for your medical expenses that are directly related to the crash. As a California personal injury lawyer who represents injured car accident victims, I recommend UIM coverage to everyone. The expenses you face after a car accident can be significant.

Look at it this way. If you have liability insurance coverage, it protects anyone whom you hit. UIM coverage includes everyone in the insured’s household even if that person’s name is not on the policy. For example, if your 10-year-old daughter is struck by a hit-and-run driver while walking to school, she should be covered under the uninsured motorist clause of your auto insurance policy. UIM coverage is something you take in addition to what you are required under the law. But this type of coverage is absolutely worth it because it protects you and your family.

Everyone enjoys holiday parties and activities, but may people do not realize that many things you do during this time can cause injury to someone else or yourself and may cause you to begin the new year facing a lawsuit. According to Business Insider, there are several common scenarios during the holidays that get people into trouble.  Here are some tips for staying safe over the holidays as well as avoiding legal problems during what is supposed to be the “most wonderful time of the year.”   

• Have a ride arranged if you drink.  Taking control of this one aspect of the holidays will save your life and possibly someone else’s.  More DUI citations are issued during the holidays than at any other time of year because of office parties and personal get-togethers at which people simply drink too much.  Be aware that one ounce of alcohol takes at least an hour to metabolize in a normal person; your personal metabolic rate could be faster or slower.
• Do not expect someone else to provide a ride for you.  Your employer or friend is not obligated to pay for your cab fare, although many will in order to avoid having you drive drunk.  Before you go to the party, arrange a ride home.  Some communities offer free transit service if you drink too much; others provide it for a nominal fee.  Have a backup plan in case your ride does not materialize.
•  You are not John Travolta.  Do not forget that simple fact on the dance floor.  Unless you train with the ballet, your body has limits as to what you can do; splits, back flips, and other dance moves should be reserved for the professionals.  Many slip and fall accidents happen when people try to perform some dance maneuver that is harder than it looks.  If you are injured, who pays for your medical bills will depend on where the accident takes place and your intoxication level at the time.
• Understand the implications of dram shop liability.  Dram shop liability means that a restaurant, bar, or other location that serves alcohol has certain legal duties to keep its patrons safe.  If a bar serves someone who is clearly drunk, the bartender and the company can be sued if that person causes injury.  If you get cut off, it is because the bartender is concerned about a lawsuit; if you persist or become aggressive, it is likely he or she will call the police.  You can also be sued individually for any injuries you cause on a bar’s premises.
• Avoid sexual harassment.  After a few egg nogs, it is easy to make a casual remark to a co-worker about his or her outfit, but this could be construed as sexual harassment under EEOC rules.  One comment probably will not stand up as sexual harassment in court, but a pattern of remarks or actions could land you in court.  It is best to keep your remarks and your hands to yourself.
• This is not home truth time.  Drinking may also make you more likely to tell a co-worker or boss what you really think, but this can be disastrous in the long run.  If you are fired for remarks made at the holiday party, arguing that you were drinking will usually not get you your job back.  You may be faced with hiring an attorney to try to fight for your job in a situation in which you are not guaranteed to win.

You may have noticed that most of these tips hinge on self-control.  While the holidays are a great time to enjoy your friends and family, be sure you are thinking of your personal responsibility and taking the steps necessary to avoid ugly legal situations.  If you are the victim of a holiday accident, you should contact a personal injury attorney immediately to discuss your options.

Happy Holidays from Bisnar | Chase!

Remember, “Drinking and Driving Don’t Mix”

A Garden Grove man whom officials have identified as 42-year-old Marcos Gurrola allegedly fired 50 shots into a Fashion Island parking lot. According to a news report in The Orange County Register, the incident occurred the afternoon of December 15, 2012, a day after a 20-year-old man gunned down 20 schoolchildren and six adults at an elementary school in Newtown, Connecticut.

No one was injured in the Newport Beach shooting. Gurrola was arrested and charged with shooting at an inhabited dwelling. Officials say Gurrola was a licensed security guard whose firearm permit had expired more than 10 years ago. Police are still investigating the case. There is no information regarding why the shooting occurred.

It is indeed fortunate that no one was injured and killed during this episode, which occurred at a busy, packed shopping center during the holiday shopping season. My thoughts and prayers are with everyone who was in Fashion Island at the time and of course, the families of all those who died in the Connecticut shooting.

Unanswered Questions

There are really not many precautions you can take when a person appears out of nowhere in a public place, pulls out a gun and starts shooting. Often, the details of mass murders are hashed out day after day, month after month and year after year. Several questions are asked, the most important of them being: What could the victims have done to protect themselves? If it happened at a specific location such as a school or a shopping center, what could the school district or management company have done better to prevent such tragedies? The answers to these questions are by no means simple or straightforward.

Life-Saving Steps

However, safety experts are recommending several actions you can take if you are ever stuck in the wrong place at the wrong time. The first and most instinctive thing you could do when someone opens fire in a public place is to run. If you cannot get away, create a barricade. This could mean getting behind a locked door, hiding in a closet, a vehicle or under a desk or table. Safety experts also recommend every family to sit down, talk these issues out, and create a plan of action. If you know what to do, you are more likely to follow through and survive, if you ever get into such an unfortunate situation.

Photo courtesy Orange County Register.

Michael J. Swanson – Advocate Capital

First I want to introduce Michael J. Swanson as an expert in Law Practice Management, Case Cost Financing, and Author of “How David Beats Goliath- Access to Capital for Contingent-Fee Law Firms”

Watch this video on How “David Beats Goliath”:

Here is a more in-depth look at why Bisnar Chase chose Michael J. Swanson and Advocate Capital as our case cost financing company:

Over the course of years of working with Mike Swanson and Advocate Capital there are a number of attributes that become clear:

• Mike is trustworthy. We have come to trust him and his company. He does what he says and says what it does, every time on time.
• Mike knows and understands my business, high end plaintiffs’ personal injury law practice and the financing challenges inherent therein.
• Mike runs an excellent shop as evidenced by the quality of his people, their knowledge, their true desire to assist, their efficiency and their level of customer service.
• Mike fosters long term, win-win relationships.

Advocate Capital took the time to understand our business model

We did our due diligence over a year before doing business with Advocate Capital. They were patient. They offered the best deal, were the easiest to work with, they were the most knowledgeable about our industry, they took the time to understand our business model, they provided insight on how using their money would essentially cost us nothing while allowing us to use our money to grow our practice instead of having millions tied up in client case costs.

Advocate Capital’s single client accounting method is the best we have found in the industry

Advocate Capital’s single client accounting method is the best we have found in the industry. It makes things so easy for my accounting department to pass through the cost of money to the client pursuant to state bar rules. This saves us a bunch of money and allows us to use our cash to grow our firm rather than acting like a banker to our clients.

When introduced to Mike and Advocate Capital we were financing our cases ourselves (seven figures). We had been burned by our previous case cost financing company and we were not interested in going down that road again. Mike and AC took a long term relationship approach and allowed us to become comfortable with them, them to understand us, educated us on how they could help us and how they were different from the others.

Mike and Advocate Capital are the real deal and the best in the industry that we know of. Thanks Mike!

While searching for exactly the right words to say in my glowing review of my friend and associate Michael Schafer Attorney, I began to digress about all of the reasons why any of us chooses to refer, recommend, or give gratitude to certain individuals. For me the reason is their superstar quality and Mike is no exception. As a personal injury attorney in Kentucky and as a human being he is nothing less than a shining star.

Why is Mike Schafer your best choice for a personal injury attorney in Kentucky?

Mike is a true “Southern Gentleman”, as well as a skilled professional. He is well mannered, thoughtful, courteous, straight forward, strong and honest, as well as an accomplished personal injury attorney. I have known Mike for some years. He is my law firm’s first choice for our clients who need a Kentucky personal injury lawyer. We made Mike our first choice due to his skill, experience, dedication to the client’s best interest and his exceptional track record of success.

Some people just stand out above the rest

My wife and I had the great pleasure of going to the 2010 Kentucky Derby with Mike Schafer and his wife, Yulee Schafer. We discovered what “southern hospitality” truly means. They were gracious and accomplished hosts. They took care of us in every possible way while we stayed in Kentucky. What this showed my wife and I was the kind of people the Schafers are and what kind of a man Mike Schafer is, a true Southern Gentleman.

In order to provide a truly accurate picture of who Mike Schafer is, I must tell you that Mike didn’t do very well betting on the horses at the 2010 Kentucky Derby. He is a true gentleman and may have picked winners in years past but my wife who picks horses by how much she likes their names picked three times as many winners as Mike. Well, maybe that was just Mike being a gentleman again…letting my wife pick more winners than he (I don’t think so but it is possible). The moral of this story. In my opinion if you are looking for the best personal injury attorney in Kentucky, you must consider Mike Schafer…however, I wouldn’t recommend using him to handicap the Kentucky Derby.