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Russell & Lazarus - October/November 2021

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

• • • •

AUTO COLLISIONS

• • • •

CONSTRUCTION SITE ACCIDENTS

The Right Help When You Need It Most!

MOTORCYCLE COLLISIONS

ELDER ABUSE CLAIMS BRAIN TRAUMA CLAIMS WRONGFUL DEATH CLAIMS

BICYCLE ACCIDENTS

October/November 2021

TRIP/SLIP-AND-FALL ACCIDENTS

For Pete’s Sake, Wear Your Helmet! CHRIS TALKS BIKE AND E-BIKE SAFETY

Here in California, we tend to have pleasant weather all year round. So it’s not surprising that it’s all the rage to have an electric bike (e-bike). As fun as they are, however, danger lurks beneath the surface. Under California vehicle code section 21200, a bike rider has the same rights and responsibilities as a motor vehicle driver. Cyclists must stop at red lights, follow other traffic rules, and travel on the road, not the sidewalk. These rules also apply to e-bike riders. In fact, they’re even more critical because of the increased speed that e-bikes boast, ranging from 15–28 miles per hour. At that point, you’re closer to riding a motorcycle than a bicycle.

past 10 years, California law has stated that all riders under 18 must wear a helmet while riding a bicycle, and helmets are even more important when riding e-bikes. Though it’s not required by law, all adults really should wear a helmet while riding, too. I know I sound like old Mr. Wilson, who would constantly yell at Dennis the Menace to get off his lawn, but I have to tell you, some of the riding habits I see shake me to the core. I like biking and I enjoy doing it with my friends, but I also enjoy not having my brain scrambled on the roadway in an accident. There was a recent article in the magazine Injury Prevention that said bike riders are three

times more likely than drivers to have a collision and also three times more likely to experience serious injuries after a crash, including head injuries. Watching TV the other day, I saw a sad story on the news. There was a mother of two riding her bike on the Los Angeles River Basin from Dana Point, where she’d attended a concert with her husband and two children. She lost control of her bike with her two children on it, and she struck her head and died. Her two children had helmets on, and they both thankfully survived.

When I was a kid growing up in Fort Huachuca, we actually had to register our bikes and take a bike safety class. That doesn’t seem to be anything close to the norm anymore. Instead, the norm seems to be kids riding their bikes not only on the wrong side of the road or on sidewalks, but also without wearing their helmets. For the

I know I sound like old Mr. Wilson, who would constantly yell at Dennis the Menace to get off his lawn, but I have to tell you, some of the riding habits I see shake me to the core.

Statistically, a helmet reduces the chances of a head injury by 85%. If you are going to enjoy a bike in our wonderful California climate, I beg you — please, please, please, wear your helmet. That way, we can all enjoy the wonderful pleasures our state has to offer without tragedy.

–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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3 TIPS FOR A MERRIER TIME HAVE A LOW-STRESS HOLIDAY

GET STARTED EARLY Holidays always arrive faster than we expect, so begin preparing early. If shopping for presents is a pain point, don’t wait until the last minute. Decorate earlier than you need to — or better yet, get the kids to do it for you. There’s only so much cooking you can do ahead of time, but ensuring you have all of the equipment and nonperishable ingredients you need a few weeks in advance will reduce both your workload and anxiety. DON’T EXPECT PERFECTION The sooner you let go of the idea of a “perfect” holiday, the sooner you’ll be able to have a happy one. Face it: Something will go wrong. Whether it’s an overcooked dish, a child throwing a temper tantrum, or your uncle talking politics at the dinner table, nothing will ever go just how you planned. So, embrace the imperfections.

The holidays are right around the corner, and while many people can’t wait to eat turkey and swap presents, others only see stress on the horizon. Especially for those hosting parties, between decorations, big dinners, excited kids, and visiting family, it can all feel overwhelming. If celebrations are happening at your house this year, here are three tips to lessen the strain and keep up the holiday cheer. RECHARGE FIRST Ensure you’re rested and recharged before the holidays by taking time to relax, getting enough sleep, and engaging in activities that make you feel good. When you’re rushing to get everything done, it can be tempting to skip self-care routines, but that will cost you in the long run. Your daily exercise and other health activities keep you balanced and ready to face challenges head-on.

Whether you’re celebrating this year with a group of two or 20, holidays can be a stressful time — but they don’t have to be. With these tips, your festivities may not be picture-perfect, but they will be a lot of fun.

Meet Litigation Clerk Gillian Boylan!

A RISING STAR

Gillian Boylan has joined the legal profession, and in the process, she’s found a career she will love. She received her Bachelor’s Degree in June, and now she’s studying for her LSAT and hoping to start law school next year. Gillian has been at Russell & Lazarus for a little over a year, first starting as a pre- litigation clerk. She was recently promoted to litigation clerk, and in her new role, she works with three attorney teams. Her duties include setting up appointments, sending clients reminders of court and mediation dates, retrieving billing records, handling correspondence, and more. “I get to see what my future could possibly look like if I’m successful in law school and taking the Bar Exam,” Gillian says. “I get to see that day to day and understand what it’s like to work with clients.” She says she has learned a lot from her attorney and paralegal colleagues. “I get to shadow them and ask questions to find out what their jobs are actually like.”

much we help clients with their injuries that resulted from someone else’s negligence,” she says. “It’s such a positive feeling, so I want to help get a bigger settlement — I like coming in every day and helping our clients.” Gillian lives in Huntington Beach, and she spends a lot of time enjoying the area when she’s not studying or working. She enjoys biking, hiking, and spending time at the beach with her friends and boyfriend, Bodie. “If I’m not on a computer, I like to be outside and get sun,” she says. Last year, she adopted two cats, Phoebe and Freya, and she’s loving the kitten energy. “They made quarantine life so much better, especially when I was going from work to school 24/7.”

Of her time at Russell & Lazarus, Gillian says, “I feel so valued every day when I

come into work.” She also appreciates how she’s encouraged to grow academically and professionally. “Management has made it so clear that school comes first. In past instances, employers have said that, but they don’t mean it,” she remembers. “Russell & Lazarus is really supportive of and aligned with my goals.”

She’s realized what a difference attorneys make in clients’ lives, too. “I see how

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

POZOLE

THE ANATOMY OF A $2.5 MILLION VICTORY FOR A DESERVING CLIENT

In any event, back to Fenja’s recent $2.5 million settlement. The underlying facts were as seemingly simple as a personal injury claim gets, as it was a rear-end auto accident. The primary injuries to our 65-year grandmother were to her neck and back, with both requiring surgery, even though she was the one who drove her husband to the ER the following day, forgoing her own ER checkup. Shell Oil was the defendant as their employee was driving their vehicle at the time. Needless to say, we were not limited by a small insurance policy. They put up the same fuss we typically see from defendants and alleged not only did our client hit the car in front of her first but also that all of her medical issues were pre-existing, and she would have had the surgeries regardless of the collision. Four years of litigation later and $200,000 in costs spent in prosecuting the claim and debunking their allegations, with the best offer being $150,000, Fenja wrestled the billion-dollar oil company to the mat and secured the $2.5 million settlement at mediation three days before the trial was to start. Our deserving client was ecstatic! In my perfect world, all defendants would be the Shell Oil Companies of the world, because then all our seriously injured clients would be getting fairly compensated. We are very happy for our client and even happier that it was our secret sauce of “girl power” which brought the bully to its knees.

The average personal injury settlement is in the $25,000 range. The average personal injury settlement in our office is in the $100,000 range. It would be higher but many times, we are limited to the lower insurance amount the defendant may be carrying at the time of the collision (auto accidents make up about 80% of all claims). We do on occasion pursue injury-causing defendants for assets above and beyond their policy limits, but bankruptcy laws make that a fool’s errand most of the time. On occasion, the stars line up as to insurance coverage for a seriously injured client, as they did recently on a claim our own Fenja Klaus handled. Fenja has returned our firm’s highest jury verdicts over the years and has been our only female trial attorney since the first years of the firm, until recently when we were ecstatic to add Audrey Beck to the fold just last week. We have tremendous hopes for Audrey. She hails from Chapman Law School, as does Joseph Gallo, one of our other outstanding young attorneys. Marc Lazarus just happens to be a member of the first graduating class of Chapman, and it appears to this objective writer that he may be stacking the deck!

–Chris Russell

Happy Halloween from Russell & Lazarus!

PUMPKIN BANANA BREAD

DIRECTIONS 1. Preheat oven to 300 F. Coat a 9x5 loaf pan with nonstick spray, then line bottom and up each end of the pan with a strip of parchment paper so the ends hang over the pan slightly. Spray again with nonstick spray and set aside. 2. In large bowl, mix together sugar and oil. Add in the eggs and vanilla until smooth. Stir in banana, pumpkin, baking soda, salt, and pumpkin pie spice until combined. Fold in flour. Pour batter into prepared pan. 3. In medium bowl, mix together the butter, brown sugar, flour, and pumpkin pie spice using a pastry cutter or fork until the mixture forms coarse crumbs. You can also use your hands. Sprinkle the crumb topping onto the batter. Bake for 65–85 minutes, or until a toothpick inserted in the center of the bread comes out clean. If the crumb topping begins to get too brown, cover with foil loosely. 4. Allow the bread to cool in the pan for 20 minutes, and then, using the parchment paper as a handle, transfer to a wire rack to cool completely. Serve warm or at room temperature. Enjoy!

INGREDIENTS

• 1 cup sugar • 1/2 cup vegetable oil • 2 eggs • 1 tsp vanilla • 2 ripe bananas, mashed • 1/2 cup canned pure pumpkin • 1 tsp baking soda • 3/4 tsp salt • 1 tsp pumpkin pie spice • 2 cups all-purpose flour For crumb topping: • 1/4 cup cold butter, cubed • 1/2 cup dark brown sugar • 1/2 cup flour • 1 tsp pumpkin pie spice

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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INSIDE

this issue

PG 1 PG 2 PG 3 PG 4

Chris Talks Bike and E-Bike Safety

Lowering Holiday Stress

Meet Gillian Boylan!

Check Once, Check Twice, Check Again …

Pumpkin Banana Bread Recipe

Testimonials

TESTIMONIALS

“Absolutely amazing! Such caring, professional staff, and the best attorneys. They helped me through a really tough personal case and time in my life. Honestly, I do not know where I would be without the help from Kris O’Connell. He was caring, tough, and concerned and helped me through the whole process. Marc and all the staff are amazing. These are by far the best personal injury attorneys!” –Monique

“It has been over a year since my settlement was completed. My high regard for Russell & Lazarus remains undiminished. “My experience with Russell & Lazarus was exceptionally good. Everyone with whom I had contact was thoughtful, professional, kind, knowledgeable, helpful, responsive, and thorough. I came to Russell & Lazarus by way of a personal reference, and I now understand why that recommendation was made. “May it be that I never again need personal injury legal assistance, however, if such assistance were needed, I would turn to Russell & Lazarus. If a friend or family member were to need personal injury legal assistance, Russell & Lazarus will be the firm I recommend. “Russell & Lazarus has my full endorsement.” –Richard H.

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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