San Diego Personal Injury Lawyers Blog

The statistics on dog attacks are startling. There are an estimated 75 million dogs living in the United States today. According to the Centers for Disease Control and Prevention (CDC), almost 900,000 people seek medical attention for dog bite injuries each year and thousands of dog attacks are unreported.

In 2009, 32 people were killed in dog attacks nationwide. Nearly half of all American children are bitten by the time they turn 18. In fact, attacks on children account for nearly fifty percent of all reported bite-related injuries and seventy-nine percent of all bite-related fatalities.

Dog attacks are responsible for some of the most gruesome personal injuries, particularly when children are involved. Dog bite injuries frequently result in infection, permanent scarring, disfigurement, and lasting nerve damage, in addition to the substantial psychological harm caused by an encounter with a vicious dog. Dog bite injuries can have a devastating impact on the victim's quality of life for years to come, often resulting in the following:

• Wound infection


• Sepsis


• Cosmetic deformity requiring reconstructive surgery


• Loss of limbs


• Loss of motor function


• Nerve damage


• Death

The most dangerous breeds of dogs include labradors, pit bulls, shar peis, german shepherds, rottweilers and dobermans. In fact, pit bulls and labradors are responsible for nearly half of the dog attacks in the United States each year. Even the most docile breeds can attack without warning, however. Dogs that are unaltered are far more likely to bite than animals that have been spayed or neutered.

Compensation For Victims

When dog attacks occur, the victims are entitled to compensation for their pain and suffering, medical expenses, and time missed from work while recovering from their injuries. The majority of dog bite injury claims are paid by the dog owner's insurance company, because most attacks occur on the owner's property. In fact, dog bite claims account for 33% of homeowners' insurance policies.

It is not a good idea to attempt to negotiate a fair settlement with an insurance company without the assistance of an experienced dog bite injury attorney. An attorney can fight to ensure that you receive the highest possible compensation for your or your child's injuries. If you need advice regarding your dog bite injury, call Kerckhoff Law, APC at (866) 606-3059 today.

Continue reading "San Diego Dog Attack Injuries & How To Prevent Them ~" »

Do you have the appropriate amount of automobile insurance available to cover you in the event of an auto accident?

California automobile insurance laws require the owner of a vehicle to have a certain amount of liability insurance on one's vehicle (California Vehicle Code § 16020). Liability insurance provides compensation to another in the event that you cause an accident and are found to be liable to that person for damages.

The minimum amount of coverage required by California law is $15,000.00 (California Vehicle Code § 16056), but you can purchase higher amounts of liability insurance in order to protect your personal assets against the risk of higher damages being awarded against you in the event you cause another person serious injuries.

When Kerckhoff Law, APC represents a person who is injured in an automobile accident, one of the first things we do is determine all possible insurance coverage that is applicable. There are two categories of auto insurance: first party coverage and third party coverage. First party coverage covers you and your property (such as medical expenses, damage to your vehicle, and the insurance company's duty to defend you in the event that you are sued as the result of your operation of a vehicle, etc.). Third party coverage is for your responsibility to pay for injury caused to other people (and vice versa), whether in your vehicle, or in another vehicle involved in the accident. The coverage (and its exclusions) is set forth in your insurance policy. In exchange for the payment of a premium, the insurance company promises to provide compensation in the event of certain occurrences. Though a full recitation of insurance coverage and laws would occupy several large text volumes, the following is brief synopsis of the most typical coverage and issues. Among the various types of insurance coverage which may apply are the following:

California Vehicle Liability Insurance

As previously stated, liability insurance is required by law (California Vehicle Code § 16020). The liability portion of an insurance policy is used specifically for defending and settling any claims, or paying any judgments rendered against the insured in an automobile negligence claim. If you are injured by the negligence of a defendant, we will make a claim under the bodily injury liability coverage of the negligent defendant's insurance policy. Liability coverage is not health insurance, and it is not designed to pay for your medical bills as they are incurred. Instead, it is designed to be a one-time settlement or payment for all of your damages. Liability insurance minimums required by law in California (California Vehicle Code § 16056) are:

Fifteen thousand dollars ($15,000) for bodily injury or death of one person in any one accident.

Thirty thousand dollars ($30,000) for bodily injury or death of two or more persons in one accident, not exceeding the per-person limits above.

Five thousand dollars ($5,000) for injury to or harm to property of others in one accident.

Continue reading "Appropriate San Diego Auto Insurance ~" »

Did you know that California has a strict liability dog bite statute which states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place, or lawfully in a private place, including on or near the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342)?

The dog owner is liable regardless of whether or not the dog had ever been vicious before and regardless of whether or not the owner had reason to believe the dog would behave in a vicious manner. The dog does not get "one free bite."

In dog bite cases, it is essential that prompt measures be taken to preserve evidence, investigate the incident in question, and enable physicians and other expert witnesses to thoroughly evaluate all of the victim's injuries.

In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make him/her "whole"; however, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is a possibility that the victim can also recover "punitive" damages. These are damages designed not for the purpose of making the injured party "whole," but rather to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal that can cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical dog bite case.

Click here to review dog bite safety tips.

Continue reading "Oceanside Dog Bite Injuries ~" »

According to KSWT News and News 13, the California Highway Patrol reported that two people died and four others were injured in an auto vs. auto crash on January 21, 2012 in Brawley, California. The CHP said that at approximately 1:00 p.m., a male driver in a gray Acura traveling westbound on Fredericks Road failed to yield the right-of-way to a Honda Accord containing five occupants traveling southbound on SR-86.

Anthony Aubry was booked into Imperial County Jail and is facing felony charges of gross vehicular manslaughter while intoxicated and drunk driving.

During the crash, the Honda overturned and rolled. An 18-year old male passenger from Riverside lost his life at the scene due to his injuries. The other passenger, the decedent's 9-year-old niece, was air lifted to Pioneers Memorial Hospital where she later unfortunately passed away.

The driver of the Honda and two remaining passengers were transported to nearby medical facilities for their injuries, which included a fractured neck, skull, and back.

Drunk Driving Liability Issues

Driving while drunk is a deadly problem in California. California DUI arrests trigger two separate cases: in court, and at the Department of Motor Vehicles (DMV). The criminal case filed against California DUI defendants consists of two different statutes: California Vehicle Code Section 23152 (a), and Vehicle Code Section 23152 (b). The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or "DUI" in California courts.

The second count, known as the "per se" charge, concentrates on whether the driver's blood alcohol content (BAC) was .08 percent or greater.

Legal Rights For Wrongful Death Victims

There are many issues to be faced & dealt with, and even more to be answered following the aftermath of this devastating event. The victims and/or their families are in a very difficult situation and need guidance. Guidance is available in the form of an attorney who is very familiar with the issues at hand, and has many years of experience handling cases for families involved with similar tragic scenarios.

Continue reading "Fatal Brawley Crash Kills Two & Injures Others ~" »

Being involved in a wrongful death situation can be extremely difficult for one to endure. Coming to terms with the loss of a friend or family member can be emotionally devastating regardless of the circumstances, but when the event was caused by the negligence or wrongdoing of another person or company, it can make the situation that much worse. If you are currently embroiled in a wrongful death situation or simply would like to learn more about the legal aspects of such a case, it is prudent to do as much research as you can, as well as to contact a qualified and experienced El Centro wrongful death lawyer.

What Is Wrongful Death?

To better understand when wrongful death is an appropriate description for a fatality, let's take a look at some of the factors and circumstances when it can occur.

For a situation to be deemed "wrongful death," there must be a responsible third party. This responsibility can be due to negligence or direct action intended to harm the victim. Not only can an individual be held liable, but a company can as well. For instance, there are numerous precedent cases in which the victims' families sued tobacco companies for not properly warning users about the dangerousness of their products.

When a wrongful death is caused by the negligence of an employee of a company, the company can be held legally responsible for the wrongful actions of its employee.

When a wrongful death is caused by an individual - whether a friend, co-worker, acquaintance, or stranger whose actions caused harm to the victim - that individual is liable for the results of his/her actions.

What Types Of Damages Are Available?

There are two types of damages one is entitled to in a wrongful death action: (1) the expenses incurred because of a loved one's death; and (2) an amount of money decided upon by either the judge or jury in order to punish the defendant. Typically, the heirs of the decedent (someone who has passed) are limited to compensatory damages, discussed below. However, in certain circumstances where the conduct of the defendant is particularly egregious, the heirs may be entitled to punitive damages (see below).

Compensatory damages are money awarded to the victim's family to compensate them for medical care, funeral & burial expenses, grief, stress, loss of companionship, income the victim would have earned had he/she lived, and any other expenses brought about by the wrongful death.

Punitive Damages are money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.

Damages Limits

There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.

Continue reading "El Centro Wrongful Death Actions ~" »

The captain of the cruise liner that crashed into a reef off the Italian island of Giglio continues to fuel world outrage by changing his story yet again. Captain Francesco Schettino originally claimed that despite an audiotape directing him to return to his stricken ship by the captain of the Italian Coast Guard, that he did not, in fact, leave the ship. He now claims that he accidentally tripped into a life raft after the ship tilted sharply.

The most recent count confirms eleven deaths and twenty-one people still missing. Search operations were suspended when the ship tilted again from its rocky perch on a reef.

Continue reading "Cowardly Captain Of Costa Concordia Continues To Change Story ~" »

Dangerous roads in El Centro can cause injury to motorists, bicyclists, motorcyclists, and pedestrians, and can create liability against the State of California, Department Of Transportation (CalTrans). Of course, liability may be apportioned between the class of persons noted above, and potentially other defendants who may have played some role in creating or maintaining a dangerous condition.

A motor vehicle operator driving an automobile (passenger vehicle, big rig truck, van, or bus), must make sure that they constantly stay alert, and maintain continual awareness of the numerous harmful factors that can cause an auto crash to occur at any moment. Many people may not be aware that numerous accidents and injuries occur because of defectively designed or improperly maintained roadways. Knowledgeable El Centro attorneys understand dangerous roads.
The condition of the roadways that are continuously traveled on, highways, intersections, and even safety equipment on roadways can pose a serious threat to vehicle drivers. Not only do a number of accidents occur in cities such as Imperial, Brawley, Heber, Seeley & Calexico, auto accidents are caused by poorly maintained roads. Additional causes of road defect accidents include problems occuring with medians, barriers, signs, shoulders, lights, exit ramps, lane markers, and intersections.

Continue reading "El Centro Truck Accidents ~" »

When a loved one's life is unfortunately taken by the reckless or negligent conduct of another, did you know you can file a wrongful death lawsuit and be entitled to financial compensation?

Wrongful Death Liability

If it is determined that an at-fault driver is responsible for the wrongful death of another, the family of the victim may pursue a wrongful death claim against the driver.

The damages you are entitled to recover in a wrongful death action include: (1) expenses incurred because of your loved one's death; and (2) a dollar amount decided upon by either a judge or a jury in order to punish the defendant.

Compensatory Damages

Compensatory damages are money awarded to the victim's family to compensate them for:

Medical care

Funeral & burial expenses

Grief, stress, and loss of companionship

Income the victim would have earned had he/she lived; and

Any other expenses brought about by the wrongful death

A wrongful death lawyer who has represented numerous victims can help the family through this difficult time, and hold the tortfeasor financially accountable for their loss in a wrongful death claim. The damages that are available to the family of the victim may include compensation for funeral and burial expenses, anticipated future life-time earnings of the decedent, and loss of love, care, and companionship.

Continue reading "Fatal Motor Vehicle Accidents In San Diego ~" »

Did you know that California has a strict liability dog bite statute? It states that the owner of a dog is liable for damages inflicted by the dog if it bites a person who is either in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. California Civil Code Section 3342.

Therefore, the dog owner is liable regardless of whether the dog had ever been vicious before and regardless of whether the owner had reason to believe it would behave in a vicious manner. The dog doesn't get "one bite free."

In all dog bite cases, it is necessary that prompt measures be taken to preserve evidence, investigate the incident in question, and to enable physicians and other expert witnesses to thoroughly evaluate all injuries.

The majority of dog bite cases only allow that the injured party is able to collect damages designed to make him/her "whole"; however, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, then there's the possibility that the party can also recover what are known as "punitive" damages. These damages are designed not for the purpose of making the injured party "whole," but rather, to punish the wrongful conduct of the dog owner who knowingly has a vicious animal which could cause harm to innocent people. In the event that punitive damages are warranted, the amount of money the injured party can recover would be substantially more than in the typical case.

Continue reading "Fatal Injuries Due To Dog Bite Attacks ~" »

When a family member's life is unfortunately taken by the reckless or malicious conduct of another, did you know that you can file a wrongful death lawsuit & be entitled to financial compensation?

The damages you are entitled to recover in a wrongful death action are: (1) expenses incurred because of your loved one's death; and (2) a dollar amount decided upon by either a judge or a jury in order to punish the defendant.

Compensatory Damages

Compensatory damages are monies awarded to the victim's family to compensate them for:

Medical care

Funeral & burial expenses

Grief, stress, and loss of companionship

Income the victim would have earned had he/she lived

& Any other expenses brought about by the wrongful death

Punitive Damages

A punitive damage award is money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.

Damages Limits

There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.

Continue reading "Wrongful Death Motor Vehicle Accidents In El Centro ~" »

Here in San Diego, many people walk on our sidewalks and roadways, both for exercise and for transportation. Safety should be the number one issue for drivers encountering pedestrians.

In 2008, according to the NHTSA, 4,378 people nationwide lost their lives in pedestrian-motor vehicle crashes. This equates to approximately 12 people killed every day, which is not a safe statistic!

Also in 2008, there were approximately 69,000 reported pedestrian injuries (one injury every 8 minutes). However, only a fraction of crashes causing pedestrian injuries are even reported by the police, so the true number of pedestrian injuries is unknown.

Who Is Killed In Pedestrian Crashes?

Some of the more noteworthy numbers or trends are:

Driver inattentiveness is the primary cause of most pedestrian accidents. As indicated above, a high percentage of pedestrian injuries occur at dusk and nighttime, when driver visibility is reduced. A vehicle traveling just a few miles an hour can seriously injury a pedestrian, or cause permanent disability or death. At our law firm, we handle pedestrian accidents caused by:

As with all modes of travel, there is some risk associated with walking. However, walking remains a healthy and inherently safe activity for millions of people every year.

Continue reading "San Diego Pedestrian Crash Facts" »

Those involved in a wrongful death situation will find it extremely difficult to endure. Coming to terms with the loss of a friend or loved one can be emotionally devastating regardless of the circumstances, but when the event was caused by the negligence or wrongdoing of another person or company, it can make the situation that much worse. Whether you are currently embroiled in a wrongful death situation or simply wish to learn more about the legal aspects of such a case, it is prudent to do as much research as you can, as well as to contact a qualified and experienced San Diego wrongful death attorney.

When Is It Wrongful Death?

In order to better understand when wrongful death is an appropriate description for a fatality, let's take a look at some of the factors and circumstances in which it can occur.

For a situation to be deemed "wrongful death," there must be a third party who is deemed responsible. This responsibility can be due to negligence or direct action intended to harm the victim. Not only can an individual be held liable, but a company can as well. For instance, there are numerous precedent cases in which the victims' families sued tobacco companies for not properly warning users about the dangerousness of the use of their products.

When a wrongful death is caused by the negligence of an employee of a company, the company can be held legally responsible for the wrongful actions of its employee.

When a wrongful death is caused by an individual - whether a friend, co-worker, acquaintance, or stranger whose actions caused harm to the victim - that individual is liable for the results of his/her actions.

What Types Of Damages Are Available?

There are two types of damages one is entitled to in a wrongful death action: (1) the expenses incurred because of a loved one's death; and (2) an amount of money decided upon by either the judge or jury in order to punish the defendant. Typically, the heirs of the decedent (someone who has passed) are limited to compensatory damages, discussed below. However, in certain circumstances where the conduct of the defendant is particularly egregious, the heirs may be entitled to punitive damages (see below).

Compensatory damages are money awarded to the victim's family to compensate them for medical care, funeral & burial expenses, grief, stress, loss of companionship, income the victim would have earned had he/she lived, and any other expenses brought about by the wrongful death.

Punitive Damages are money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.

Damages Limits

There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.

Continue reading "San Diego Wrongful Death Claims ~" »

The San Diego motorcycle crash lawyers at Kerckhoff Law, APC, are experienced trial lawyers and have many years of experience providing legal representation to motorcycle crash victims in San Diego.

The types of skills required to successfully handle a serious motorcycle accident are very specific to these types of accidents. Don't be fooled by choosing a lawyer who dabbles in these types of cases, rather than one who handles them exclusively, as we do. Making a bad choice in getting the wrong attorney can be one of the most regrettable decisions you can make, and may significantly reduce the outcome you might otherwise be able to achieve.

If you, a loved one, or a friend have been the victim of a motorcycle crash and have suffered a serious personal injury, please call today for a free consultation - 866-606-3059, or fill out our Free Case Review form. All inquiries are strictly confidential.

Continue reading "San Diego Motorcycle Crash Injury Attorney ~" »

It was recently reported by SignOnSanDiego.com that a San Diego woman died on Christmas Eve from complications due to injuries she suffered in a vicious mauling by her neighbor's pit bulls earlier this year.

Seventy-six year old Emako Mendoza lost part of an arm and a leg because of the June attack, which took place when she stepped outside of her home to pick up her morning newspaper.

The County Medical Examiner's Office reported that the death was linked to injuries Mrs. Mendoza suffered in the pit bull mauling. Neighbors Alba Medina Cornelio and her daughter, Carla Ramirez Cornelio, were arrested on June 29, 2011 and each charged with two felony counts of having an animal that caused serious injury, as well as additional misdemeanors.

Prosecutors are also considering additional charges.

Pit Bull Attacks & Legal Rights

Dog bite attacks are unfortunately common with certain breeds of dogs - in particular, pit bulls. These dogs cause serious injuries and attack people, often because of their aggressive nature and the power of their bite. Typically, a pit bull does not bite just once, but continues to attack until its prey succumbs.

California has a strict liability dog bite statute which states that the owner of a dog is liable for injuries inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342).

The dog owner is strictly liable, regardless of whether the dog had ever bitten before or shown aggressive tendencies. In California, a dog does not get "one bite free."

Continue reading "San Diego Pit Bull Attack Victim Now Deceased ~" »

Being involved in a wrongful death situation can be extremely difficult for one to endure. Coming to terms with the loss of a friend or family member can be emotionally devastating regardless of the circumstances, but when the event was caused by the negligence or wrongdoing of another person or company, it can make the situation that much worse. Whether you are currently embroiled in a wrongful death situation or simply wish to learn more about the legal aspects of such a case, it is prudent to do as much research as you can, as well as to contact a qualified and experienced El Centro wrongful death lawyer.

When Is It Wrongful Death?

In order to better understand when wrongful death is an appropriate description for a fatality, let's take a look at some of the factors and circumstances where it can occur.

For a situation to be deemed "wrongful death," there must be a third party who is responsible. This responsibility can be due to negligence or direct action intended to harm the victim. Not only can an individual be held liable, but a company can as well. For instance, there are numerous precedent cases in which the victims' families sued tobacco companies for not properly warning users about the dangerousness of their products.

When a wrongful death is caused by the negligence of an employee of a company, the company can be held legally responsible for the wrongful actions of its employee.

When a wrongful death is caused by an individual - whether a friend, co-worker, acquaintance, or stranger whose actions caused harm to the victim - that individual is liable for the results of his/her actions.

What Types Of Damages Are Available?

There are two types of damages one is entitled to in a wrongful death action: (1) the expenses incurred because of a loved one's death; and (2) an amount of money decided upon by either the judge or jury in order to punish the defendant. Typically, the heirs of the decedent (someone who has passed) are limited to compensatory damages, discussed below. However, in certain circumstances where the conduct of the defendant is particularly egregious, the heirs may be entitled to punitive damages (see below).

Compensatory damages are money awarded to the victim's family to compensate them for medical care, funeral & burial expenses, grief, stress, loss of companionship, income the victim would have earned had he/she lived, and any other expenses brought about by the wrongful death.

Punitive Damages are money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.

Damages Limits

There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.

Continue reading "El Centro Wrongful Death Claims ~" »