Russell & Lazarus - June/July 2021

Russell & Lazarus - June/July 2021

Exclusively handling serious and catastrophic personal injury claims as well as wrongful death claims due to the negligence of individuals or business entities.

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AUTO COLLISIONS

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CONSTRUCTION SITE ACCIDENTS

The Right Help When You Need It Most!

MOTORCYCLE COLLISIONS

ELDER ABUSE CLAIMS BRAIN TRAUMA CLAIMS WRONGFUL DEATH CLAIMS

BICYCLE ACCIDENTS

June/July 2021

TRIP/SLIP-AND-FALL ACCIDENTS

BE SAFE OUT THERE …

Here at Russell & Lazarus, a lot of what we do is help people get compensated after being hurt. So it might surprise you to hear that my preference is for people to not get hurt in the first place, even though that would ultimately put me out of this line of work. Having seen so many clients deal with serious injuries and long recoveries, I know how challenging it can be. While there is sometimes a stereotype that personal injury attorneys are looking for places where people could get compensated for being hurt, to be quite frank, when I go through my daily life, I'm always looking for opportunities to make places safer. For example, I can’t tell you how many times I’ve gone into the grocery store and seen something on the floor. I will stand there and have my wife go get somebody before l leave that spot because I've seen how many different ways people can get hurt by just a mere spill on a grocery floor. As a trial attorney who litigates these types of cases, I’m proud that we’ve helped make grocery shopping a lot safer over the years. Without these cases, stores wouldn’t have begun to use flooring that is much, much safer after than before. That change is a direct result of these stores being held accountable for people getting hurt. Perhaps my seemingly odd grocery store habits come from my being steeped in one concept in particular called foreseeability. Essentially, we can ask ourselves, under these circumstances, was it foreseeable that someone could get hurt? Back in the grocery store aisle, if the floor is slippery to begin with and then there’s liquid on it, you get an ice rink effect. In that case, it’s foreseeable that someone could get injured, and when this happens, the store will be held responsible. I know some people think personal injury trial attorneys are trying to get their clients money for nothing. We sometimes get a bad reputation. And, sure, just like anything else in life, there are always abuses in the system. But the situation is far from what the media likes to portray. The truth is, it doesn’t make sense for us to take frivolous cases. That’s because we only get paid if we recover for our clients. And there is another built-in check and balance: Insurance companies aren’t keen to just dole money out to people. I always like to remind people that there are several ways trial attorneys have made things safer for society. There are three in particular that come to mind as we enjoy the summer season.

The first is pool safety. Two decades ago, one of the leading causes of quadriplegia was from people diving into too shallow of water in swimming pools. And sadly, even today, the leading cause of death in southern California for children under the age of 5 is drowning. But we’ve been able to make pools much safer through litigation. It has resulted in many safety devices to keep children safe and the removal of diving boards in residential pools less than 8 feet deep. Trial attorneys have also helped make playgrounds much safer. When I first got into the business 38 years ago, it was common for jungle gyms at schools and at playgrounds to be built on asphalt and concrete. Going back to the concept of foreseeability: Is it foreseeable a 6-year-old will fall off a jungle gym and hurt themselves on asphalt or concrete? Absolutely. And there were many broken bones and even traumatic brain injuries as a result. After those cases were litigated, how playgrounds are built got changed. Now they are on rubberized surfaces that are much safer, resulting in fewer broken bones and other injuries. The last area we’ve made strides in regarding safety is with ladders. When it comes to general ladder use, trial attorneys have been very instrumental in getting warnings put on ladders and getting anti-slip surfaces put on the bottom of ladders. Utilizing a ladder is now much safer. I will say this, though: if you’re over the age of 60, just don’t use a ladder! Statistically, 1 out of every 3 people over the age of 60 will fall. I have a good friend who is 72 years old. He misstepped while putting up Christmas lights, fell and broke his ankle, and had to have major reconstructive surgery. In his golden years, he just wanted to play as much golf as possible, but he couldn't play for 10 months. He still has a limp and doesn’t want to undergo more surgery.

As we continue to emerge from this pandemic, and we start to return to our normal daily activities, please continue to keep safety in mind for

not only ourselves, but those around us. Keep an eye out for foreign substances on hard floors. Try not to let loved ones swim alone when possible. Make sure that the jungle gyms your kids and their friends play on are on, or over, sand when outside and over mats when inside. And, always be extra cautious on ladders. Have a safe and wonderful summer! God bless.

–Chris Russell

RUSSELL & LAZARUS APC 1401 Dove Street | Suite 310 | Newport Beach, CA 92660 Direct: 949-851-0222 Toll Free: 800-268-9228 www.russellandlazarus.com

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Fitness Tips From Olympians — and Your PT YOU ARE AN ATHLETE!

Watching Olympians’ feats of strength, agility, and speed may have you looking at your own body, disappointed, but the steps these athletes have taken to compete for a coveted gold medal are not unlike the process necessary to relieve pain or improve mobility. If you’re ready to get back to the activities you love, heed the advice of Olympians. FOCUS ON BALANCE. When our bodies are not balanced, that’s when we tumble, fall, and get injured. Olympic water polo player and triathlete Julie Swail Ertel told Fitness HQ that she has a simple solution for that. By incorporating more one-legged exercises into her routine, her balance steadied and her time improved. Try It: Like Ertel, focus on exercises that target your body’s balance, like strength training or leg and back exercises. A physical therapist can help you develop a routine and treatment regimen to specifically target your balance deficiencies. DON’T FORGET DIET AND NUTRITION. Movement and exercise are powerful tools for building strong muscles and staying active, but what fuels your body can be just as important. Eat lean protein, complex carbohydrates, and full fats to protect

your body’s muscles and give you enough energy. For those in pain, water can also improve the flexibility of your muscles and joints.

Try It: Soccer athlete Morgan Brian doesn’t like vegetables, but she incorporates them into a smoothie with fruit and a small amount of yogurt to create a tasty drink with many essential vitamins. Copy Brian and find a trick that works for you! Always forgetting to drink water? Set a reminder on your phone. Need more protein? Try adding salmon to your salad. QUALITY IS KEY. Athletes like skeleton racer and powerlifter Katie Uhlaender practice for countless hours, but it’s not the total number of reps they are watching. Instead, Uhlaender told Fitness HQ that athletes get better results when they pay attention to their form rather than race through reps. Try It: A physical therapist can provide you with the knowledge you need to correct your form, and then you can practice it at home. Try working out in front of a mirror or videotape yourself. It may feel awkward, but you will be able to watch for improvement.

If you need guidance to relieve your pain and improve your mobility, please call us today!

CASE RESULTS Uninsured Drunk Driver vs. Pedestrian: Wrongful Death; Uninsured Motorist Claim $500,000 Tragic death occurred when a drunk driver struck and killed a pedestrian who was lawfully crossing the street. When the investigating officers went to the driver's home to arrest the him on charges of vehicular manslaughter, the drunk driver then barricaded himself in his home and fired gunshots at 13 officers. Officers were able to subdue the driver. The driver is now being held on charges of vehicular manslaughter as well as 13 counts of attempted murder for shooting at the officers during the arrest. The driver himself was an uninsured motorist at the time of the collision. As such, when presented with the claim, the decedent's uninsured motorist carrier was required to tender their policy limits pursuant to the terms of the decedent’s automobile insurance policy. Uninsured motorist insurance is an additional insurance coverage for automobile liability policies to pay for injuries caused by an uninsured driver. The amount of uninsured motorist coverage to get depends on what you, as the purchaser of the insurance, choose to purchase. We encourage drivers to purchase as much uninsured motorist insurance as they are able to reasonably afford.

Underinsured Motorist vs. Motorist: $165,000 The driver of a vehicle with $15,000 in coverage struck our client's vehicle, causing injuries to our client's back and neck. The insurer for the other driver agreed to tender, or pay, their policy limit of the $15,000 pursuant to the terms of their policy. At the time of the collision, our client maintained an uninsured/underinsured motorist policy with $1,000,000 in coverage. The tender of the other driver's policy limit then satisfied the condition precedent necessary to allow our client to pursue her additional damages above the other driver's policy limit against her underinsured motorist policy for the harm the other driver caused her. After litigating the underinsured motorist claim with her own carrier, we were able to obtain an additional $150,000 in new money for our client to help her to resolve her case for a total of $165,000 in combined recoveries from both the defendant's insurance carrier and our client's own underinsured motorist carrier. Underinsured Motorist vs. Pedestrian: $125,000 A motorist with a modest $20,000 liability policy limit struck a pedestrian in a parking lot, causing serious injuries. After recovery of the $20,000 policy limit from the driver

of the vehicle, the pedestrian's own insurer was presented a claim for underinsured motorist damages for the policy limit of $100,000 minus the $20,000 obtained from the defendant driver's automobile liability insurance carrier. Uninsured motorist coverage converts into underinsured motorist coverage when a responsible party has less insurance coverage than you have in uninsured motorist limits. The underinsured motorist coverage will get a credit for any payments made by the other party's insurance and will be able to seek recovery of the difference between the amount paid by the other party's insurance and the amount of the underinsured motorist limit. In addition, at the time of the collision, our client had an additional coverage through her automobile insurance called medical payments coverage. Medical payments coverage pays for your medical bills incurred due to injuries sustained in an automobile collision. We also helped our client to obtain an additional $25,000 in medical payments coverage for medical expenses incurred due to the injuries sustained in the collision, thereby helping our client to recover a combined total of $125,000 from the defendant's insurance, our client's own underinsured motorist coverage, and our client's own medical payments policy.

RUSSELL & LAZARUS APC 1401 Dove Street | Suite 310 | Newport Beach, CA 92660 Direct: 949-851-0222 Toll Free: 800-268-9228 www.russellandlazarus.com 2

CASE STUDY

Pop Goes the Tire!

Most people realize tires are dangerous when they blow out on the freeway, but you may not realize that they can also blow out in your face. Case in point: We recently resolved a case for multi 7-figures for a client of ours who is a truck driver. He sustained a traumatic brain injury (TBI) as a result of a tire exploding in his face. CASE FACTS Our client worked for a major trucking company that leased out their bobtails and trailers to various large corporations. Our client had his own truck but used other companies' trailers to transport goods. As he was driving one day, one of the trailers he was driving caught fire due to a failure to properly maintain a wheel bearing. The client pulled over and attempted to extinguish the fire. While doing so, the tires exploded, causing shock waves to be blasted from the tires and permeate his body and brain, causing him to suffer a traumatic brain injury (also referred to as a "TBI"). The company initially denied my client’s claim, saying their procedures were sufficient. The company had unlimited assets and didn’t want to pay a dime on the claim. It took six years of contentious and serious litigation and 40 depositions to prove they did not have sufficient safety checks and procedures in place and that they weren’t meeting required federal safety guidelines. During that time, we discovered that the trailer in question sat in a lot for more

than a year without being used, and at the time it was put on the truck, it had missed three different inspections.

As a result, our client was injured and sustained a brain injury that allows him to work, but with difficulty and he struggles with his memory. The moral of the story is that without proper investigation, that found how foreseeable it would be for that tire to explode because of the shoddy maintenance and inspections, our client would have never been compensated for all that he has gone through in the past and all he will go through in the future.

CONGRATULATIONS GILLIAN!

SWEET BABY RAY'S CROCK POT BBQ CHICKEN Compliments of our pre-litigation clerk, Alisha Contreras, who is known for teasing the staff with the delicious smelling leftovers she brings for lunch.

Hats off to our fabulous Litigation Clerk, Gillian, who just graduated from UCSD with a degree in Political Science and a minor in Law & Society. Gillian plans to start law school in the Fall of 2022.

INGREDIENTS

• 4–6 chicken breasts • 1 18-oz bottle Sweet Baby Ray's BBQ sauce • 2 tbsp vinegar

• 1/2 cup brown sugar • 1 tsp red pepper flakes • 1/2 tsp garlic powder

DIRECTIONS

1. Mix all the ingredients together and pour over chicken in a crock pot. Cook on low for 4–6 hours until the chicken pulls apart tender.

RUSSELL & LAZARUS APC 1401 Dove Street | Suite 310 | Newport Beach, CA 92660 Direct: 949-851-0222 Toll Free: 800-268-9228 www.russellandlazarus.com 3

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1401 Dove St., Ste. 310 Newport Beach, CA 92660

800-268-9228 www.russellandlazarus.com

INSIDE

this issue

PG 1 PG 2 PG 3 PG 4

Be Safe Out There …

Take It From the Olympians: Fitness Tips for Anyone Case Results

Case Study Sweet Baby Ray's Crock Pot BBQ Chicken

Testimonials

TESTIMONIALS

“I did not use this business; however, the customer service was fabulous. I got to speak to Marc Lazarus. He went out of his way to make me feel very welcome and referred me to someone that could handle my situation. Great customer service. If I ever need them, I would definitely hire them. Thanks again, Marc, you are a rare jewel!” – Mary G. “I was recommended to The Russell & Lazarus firm and had a great experience! Marc and Terra kept me up to date in the process and always made sure I was doing okay. They offered all the help I needed and everything was a breeze after my personal injury incident.” – Melissa B.

“Hello Rory, Joseph, Kat, Kyle, Sam, and Marc.

How are you doing? I just wanted to let you guys know that I really appreciate your assistance in this case. And I truly thank you guys for all your hard work. This case would not have settled without your hard work and dedication. Maybe one day or so I would love to go out and eat dinner or pick up a cocktail with you all. I feel that you guys have become a special part of my life, and I truly won’t forget our friendship for the rest of my life. I will always be very grateful to all of you that work at Russell & Lazarus Law Firm. Thank you for your guidance and direction. I can’t thank you enough for your hard work and assistance. Russell & Lazarus made it possible for me to receive a nice settlement and important medical help.

Thank you guys once again.” – Zurick S.

RUSSELL & LAZARUS APC 1401 Dove Street | Suite 310 | Newport Beach, CA 92660 Direct: 949-851-0222 Toll Free: 800-268-9228 www.russellandlazarus.com

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