Russell & Lazarus - December/January 2021

Russell & Lazarus - December/January 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

Jan/Feb 2021

TRIP/SLIP-AND-FALL ACCIDENTS

DRINK AND BE MERRY … JUST NOT WHILE YOU’RE DRIVING

In the last newsletter, I talked about the impact of texting and driving, and this month, I want to touch on another aspect of dangerous driving. When I first started my business back in the 1980s, we still had a very significant problem with injuries and death related to drunk driving and driving under the influence. Because the firm that I was with at the time handled criminal law cases, I saw the other side of the coin regarding people being prosecuted for driving under the influence and being impaired. At that time in the early '80s, Mothers Against Drunk Driving (MADD) was making a real push here in California, especially in holding judges accountable with their sentencing. Prior to the '80s, judges had tremendous discretion regarding whether someone was punished or not as a result of a DUI conviction. The dirty little secret was if the client had the right attorney and that attorney had a good relationship with the district attorney and/or the court, they would get a lesser sentence, if any jail time at all. As a result of this disparity, it appeared that justice could be bought. Here in California, the sway judges had has changed. Because of the pressure put on the court and the legislature by primarily MADD, laws were passed that took a significant amount of discretion away from the judges in the late 1990s and early 2000s. Now, we have mandatory sentencing for first-time offenders as well as significant prison time for anyone who has offended more than three times. Accountability is a funny thing. It has a consequential impact on how people act in life. If there is no accountability for actions, then why change? As a result of the accountability driven by MADD in particular, we have seen our drunk driving deaths and injuries fall dramatically — almost by 50% in the last 20 years. That is good news, but the goal should be that no one is ever killed or injured by a driver under the influence. To reach that goal, even more pressure should be put on our legislature and governor to pass additional legislation regarding penalties for multiple offenses and first offenses when injury is caused. This coming St. Patrick's Day, a traditional day to raise a pint or two, is going to be much better for a lot of families. We won’t have the number of deaths or injuries we’ve seen in the past related to drunk and impaired driving. However, this is still certainly an issue. We

represent quite a few clients currently who are the victims of impaired drivers who chose to get behind the wheel. But I am happy to report

this holiday season that we had fewer than what we saw 25 years ago, and those numbers can drop if Sacramento acts.

–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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OUT WITH THE NEW, IN WITH THE OLD!

4 Old-School Hobbies Making a Major Comeback

January was National Hobby Month — and for good reason! As people set goals for 2021, they’re also thinking about trying new hobbies. But with so many out there, picking just one can be a hobby in itself. Thanks in part to COVID-19, many people have rediscovered old-school hobbies. Some of these have been around for decades or even longer, and others have established communities that can rely on one another for support, sharing information, and more. Here are four great examples. MAKING BREAD Over the last year, interest in this ancient hobby has skyrocketed. Homemade bread is tastier and more nutritious than store-bought, and it’s so satisfying to watch it come together. Not to mention it’s a great skill to have! With so many types of bread to try, you’re not going to run out of ideas any time soon. COLLECTING CARDS No matter what people were into during the ’70s, ’80s, and ’90s, there was a trading card game for it. And even going into 2021, that tradition has been kept alive. When many people were stuck at home last year, they rediscovered their card collections and remembered how much fun they were. As a result, card sales went through the roof, and online card communities lit up with activity from all over the world.

RESTORING CARS Car restoration is a hobby that lets you get your hands dirty, and it's one that you can do with your kids or grandkids. It can be not only educational for them but also fun! Together, you can track down parts, talk to folks who are also interested in restoration, and learn about the history of your car. Though car restoration can be a bit costly and time consuming, it’s certainly a journey worth taking. EMBROIDERING Embroidery has taken off because it’s both inexpensive and fairly easy to get into. Plus, many people have fallen in love with its meditative quality. One of the great things about embroidery is that you can use it to make amazing personalized gifts, like pillows, wall hangings, and kitchen towels!

Jessica Reyes: Finding Her Career

TEAM MEMBER FEATURE

& Lazarus. Even before applying, Jessica had never thought she would find herself working in or interested in the legal field. Little did she know this decision would not just shape her as a person but also her career path. “Once I stepped into it,” Jessica says, “I loved it.” She didn’t know what to expect when she joined our team as a pre-litigation clerk. It was an entirely new experience for her, but that didn’t stop her from pushing forward. “I had zero knowledge of the legal field,” Jessica admits. “So, stepping into this position was very challenging at first. But I learned to ask questions and not be afraid to step out of my comfort zone to complete my tasks.” “Now,” Jessica continues, “challenging myself is one of the best things about what I do. I’ve learned so much about the legal field, especially personal injury law and auto accidents. I don’t feel like I'm working,

because this is something I enjoy doing every day.”

It wasn’t just a passion for the legal field that Jessica discovered, either. She’s hoping to take the necessary classes and get her paralegal certificate, something all of us at Russell & Lazarus will support her in entirely. We’re also humbled by her words. “The team here has helped me so much,” Jessica says. “Everyone here motivates me because they are more of leaders than a manager or management team. I look up to them as mentors who work as a team to accomplish our goals. They correct you, teach you, and help you grow. I’ve always seen the people here more as good leaders than as my bosses. I really appreciate everything they’ve done for me.” We are so proud to see how far Jessica has come and just how far she has yet to go. We’ll be behind her, every step of the way.

A little over a year and a half ago, Jessica was working as a receptionist at Massage Envy when her friend, Roxy Medina, suggested that she try applying to 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 2

CASE STUDY How Focus Groups Help Our Clients

Trying cases is an art: We are trying to convince 12 strangers that our client

significant claim and should have been worth millions of dollars. However, as the medical records reflected, Tom was not the best at taking care of himself, which aggravated his condition. We were torn between presenting his case at trial and resolving the claim for the $500,000 offer from the taxicab company. The Outcome: We enlisted an online focus group of 200 different people, presenting to them the information about this case, including Tom’s care and maintenance of his foot. We also enlisted a group of 12 members of the public we brought into our office after placing an add on Craig's List. The results of both focus groups were very sobering. Both focus groups believed that our client's failure to take care of the laceration had a large part to part to play with his leg having to be amputated. In fact, they believed our client was up to 90% responsible! That Information was invaluable. If we had enlisted experts to pursue the matter through trial, the trial would have cost us at least a half a million dollars, which would have wiped away any benefit Tom could have derived from the trial.

deserves compensation for the trauma that somebody has caused him or her. Our job is to not only advocate for our clients but also to ensure we are clear-headed and play devil's advocate at all times in order to succeed at the time of trial. The following case study reflects how focus groups helped us resolve a claim that may not have had the desired outcome if it had been taken to trial. Case Facts: Our 45-year-old diabetic client, who I will refer to as Tom, was exiting a taxicab at a San Diego hotel when the taxicab left prematurely after dropping him off, running over his foot. As a result, Tom sustained a laceration to his foot. Diabetes can be a very problematic affliction, especially for those who sustain injuries because the condition slows down the normal healing powers of the body. Unfortunately, that laceration caused an infection that forced the amputation of Toms’ leg below his knee cap. It sounds like a pretty

After the focus group information came in, we had a discussion with Tom and decided that the best outcome for him was to resolve the claim for something more than the $500,000 offer. Though the outcome was not exactly what we wanted, it was a positive outcome for our client. Tom was able to obtain the best medical treatment and the best prosthetics available in order to carry on with the active life he desired to live.

RORY’S WINTER STEW (Provided by our own fabulous Rory Mills.)

Congrats to Gina, our wonderful Office Administrator, who celebrates her 15th year with the firm this year. Gina and her husband, Lawrence Olivier, recently celebrated their sixth grandchild coming into the world. Welcome, Penelope June Simms!

PORK SHOULDER PREP

1. Season pork shoulder with your favorite spices. 2. Place in slow cooker and cook for 4 hours.

ROASTED VEGGIES PREP (WHILE PORK COOKS)

• 2 Anaheim peppers, seeded and halved • 2 serrano peppers, seeded and halved • 1 red bell pepper, seeded and halved • 1 yellow bell pepper, seeded and halved

• 4 cloves garlic, peeled and smashed

1. Preheat oven to 400 F. Toss veggies in olive oil, then season with salt and pepper to taste. 2. Roast veggies for 15–20 minutes. 3. Remove and set aside. Once cooled, give them a very rough chop.

• 1 large shallot, quartered • 1 yellow onion, quartered

SOUP PREP AND TOPPINGS (WHILE PORK COOKS)

• 6–8 small potatoes, roughly diced • 1 28-oz can red enchilada sauce • 1 10-oz can green enchilada sauce • Beef stock, as needed • Shredded cheese, for serving • Sour cream, for serving • Avocado, sliced for serving 1. After pork has cooked for the 4 hours, add roasted veggies, potatoes, red sauce, and green sauce.

2. Cover and cook on low heat for another 3–4 hours. Add beef stock as needed if soup thickens too much. 3. Remove pork from slow cooker and shred the meat in a bowl. Skim fat off. 4. Incorporate shredded meat back into soup. Season with salt and pepper to taste. 5. Serve soup topped with shredded cheese, sour cream, and sliced avocado.

Gina and Larry with their entire grandchildren crew!

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

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INSIDE

this issue

PG 1 PG 2

Don’t Drink and Be Merry and Then Drive!

These Old-School Hobbies Are Making a Huge Comeback Team Member Spotlight

PG 3

The Role of Focus Groups in Trying Cases Rory’s Winter Stew

PG 4

Testimonials Case Results

TESTIMONIALS

CASE RESULTS

$240,250 Uber Driver Client Uninsured Motorist Claim This was yet another claim that shows the importance of having adequate uninsured/ underinsured motorist coverage. This settled claim involved our 54-year-old Orange County client who sustained knee, neck, and shoulder injuries when she was side swiped on the freeway in a six-car, high-speed pile up. The responsible party only had $15,000 in liability coverage. Medicals bill alone were $80,000, and if not for Uber carrying a $1,000,000 underinsured policy, our client’s financial life would have been destroyed. $300,000 for Injuries Caused by an 80 mph Rear-End Auto Collision Everyone’s nightmare scenario: You are stopped in traffic, and a vehicle behind you is approaching at 80 mph and not slowing down. The result was our 43-year-old client’s car being hit so hard that it rolled over twice. He suffered a mild traumatic brain injury and injuries to his knee and shoulder. We were forced to litigate the claim due to a low-ball $100,000 initial insurance company offer, but we resolved it to the client’s satisfaction right after the deposition of the defendant. $235,000 for Our Physician Client Injured Along With His Architect Wife Accidents do not discriminate. Normally, we send our clients to good doctors to help them recover from their injuries, but for this claim, our client was a doctor. This was another rear- end auto collision, but our client had a prior back surgery and the collision aggravated the condition. On top of the recovery issues for both him and his wife, they had young children and little family support. Fortunately, the claim settled without the need for litigation due in large part to our client’s credibility.

“Hi, my name is Dave. I had a serious injury on an unsafe construction site. While I was in the hospital, I started to worry about escalating bills. I spoke to a friend and he referred me to Russell and Lazarus. Mark was very professional and easy to get along with. He not only got all my bills taken care of, but I also received more than expected for pain and suffering. Highly recommended!” –David S. “Mr. Marc Lazarus, I would like to thank you and your staff, especially Mr. Samuel Mendez, for all your hard work on my case. I appreciate your referrals to doctors to assure my well-being and your negotiating to obtain a fair settlement. May all of you stay safe and stay well.” –Sharon B.

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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