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Just because this is one of the most common reasons for someone to need a lawyer, the selection of the right lawyer makes all the difference.

• According to the CDC, more than 32,000 people are killed each year from motor vehicle crashes. These deaths cost more than $380 million in direct medical costs.
• The same study shows that 2 million are injured each year from motor vehicle crashes.
• Drunk driving contributed to more than 10,000 crash deaths per year.
• Speeding contributed to more than 9,500 crash deaths per year.
• Texting and Driving and other cell phone related incidents have been credited with causing incredible harm to members of our society as well. Each day in the United States, approximately 9 people are killed and more than 1,000 injured in crashes that are reported to involve a distracted driver. According to the US Department of Transportation, National Highway Traffic Safety Administration's summary of statistical findings in its article, Distracted Driving in Fatal Crashes in 2017 (DOT HS 812 700 April 2019) there were 3,166 people killed in motor vehicle crashes involving distracted drivers in 2017. 599 of those fatalities were nonoccupants (pedestrians, bicyclists and others).

Setting statistics aside, we know that those who have been injured by the negligent driving of another often have their lives turned upside down often suffering wage loss, incurring medical bills, dealing with property damage, and having to figure out how to deal with the insurance companies who are looking to deny the claim outright, or pay as little as possible.

If you or a loved one have been injured in a car crash, or have lost a family member, the lawyers at ELLIS RICCOBONO, LLP have the experience to assist you in obtaining a recovery to put you or your loved one in the best physical, mental, and financial condition possible. Whether it is presenting a claim to the insurance company for the responsible party, going to mediation, or taking the case all the way through trial, our lawyers are experts in the handling of each and every phase of the process and are here to handle the case – every single step of the way.

When a person loses a loved one, there is a void created by that loss. An empty spot, that was once filled by a person who made the world a better place is difficult enough, but when the death is caused by the wrongdoing of another, it can make the loss create an entirely different effect upon those experiencing it.

In California, when a death is caused by the negligence, or actions of another, the law permits the heir and/or heirs to seek damages in an effort to achieve justice. The law does so by providing a mechanism to compensate those who remain and have to live with the loss. As stated by one court, “[t]here are three distinct public policy considerations involved in the legislative creation of a cause of action for wrongful death: ‘(1) compensation for survivors, (2) deterrence of conduct and (3) limitation, or lack thereof, upon the damages recoverable.’” (Barrett v. Superior Court (1990) 222 Cal.App.3d 1176, 1185.

Accordingly, the law permits recovery of monetary damages for the value of the love, companionship, affection, society, comfort, care, assistance, advice, moral support, training, guidance, and protection that is lost through the wrongful death of a spouse, parent, child or family member. Factors such as the closeness of a family unit, the depth of their love and affection, and the character of the decedent as kind, attentive, and loving are proper considerations for a jury assessing noneconomic damages. (Soto v. BorgWarner Morse TEC Inc. (2015) 239 Cal.App.4th 165, 198−199, 201 [191 Cal.Rptr.3d 263]).

In addition, a person may recover economic damages including, financial support that the decedent would have contributed, the loss of gifts, funeral & burial expenses, and the reasonable value of household services that would have been provided.

In addition, in cases filed after January 1, 2022, California has expanded the damages available in a claim presented on behalf of the decedent. Prior to the new law going into effect California law limited the damages recoverable in a survival action to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived.

However, after SB 447 revised CCP Section 377.34, it reads “Notwithstanding subdivision (a), in an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable may include damages for pain, suffering, or disfigurement” of the person who ultimately passed. This change in the law is a just one as it helps California catch up with other jurisdictions in the country that have permitted similar access to justice.

The lawyers at ELLIS RICCOBONO, LLP have handled and tried numerous wrongful death cases, achieving astonishing results for their clients. They have done so with an approach of compassion towards the client, and with an unparalleled tenacity to hold those responsible accountable for their actions.

Never Any Out-Of-Pocket Cost to You

If there is no recovery, then there are never any fees or costs to you.

For more information about California Wildfire events:

McKinney Fire (Klamath River and Horse Creek, Siskiyou County)
Mill Fire (Weed, CA, Siskiyou, County)
Mosquito Fire (Georgetown, CA, El Dorado County)
Fairview Fire (Hemet, CA, Riverside County)

California utility companies have a long history of causing wildfires due to inadequate maintenance of power lines and the surrounding vegetation. Far too many California residents have found themselves victim to the total devastation a wildfire can cause, including complete loss of your home, everything you own, and even seriously bodily injury and death. Our seasoned wildfire attorneys are here to fight for you to prove the utility is responsible and to establish the full value of the losses that you are entitled to recover.

Many fire victims find themselves without insurance to cover losses from a wildfire. Minimal governmental assistance will not come close to covering what you need to rebuild and regain your life before the fire took it away. We will work hard with experienced experts in reconstruction and rebuild costs, tree valuation, personal property valuation, economic income losses, among others to make sure you are reimbursed for the total value of your compensable damages.

Even if you have insurance, you may be underinsured for certain losses or your insurance company may deny the full value you are entitled to recover. Insurance companies tend to undervalue property, wrongfully deny claims, delay compensation, and more. We are here to fill in those gaps and ensure that the utility company responsible for causing the fire pay the difference. Insurance companies also do not provide reimbursement for the emotional losses you suffered, including the intense fear of being within the Zone of Danger or the Annoyance and Discomfort you have experienced from being displaced from your home. Indeed, in some cases these emotional losses represent some of the most important areas of damage we will seek recovery for. We are dedicated to ensuring that those responsible for causing the fire fully compensate you for the losses that you suffered.

Call (530) 358-8810 or email info@ertriallawyers.com today for a free consultation to learn what we can recover for you.

List of Representative Fire Cases
Our attorneys have facilitated hundreds of millions of dollars in recoveries for fire victims harmed by the major utility-caused wildfires since 2015.

• 2015 Butte Fire against PG&E (Butte County)
• 2017 Tubbs Fire against PG&E (Sonoma County)
• 2017 Redwood Valley Fire against PG&E (Mendocino County)
• 2017 Sulphur Fire against PG&E (Lake County)
• 2017/2018 Thomas Fire & Mudslides against SCE (Ventura and Santa Barbara Counties)
• 2018 Woolsey Fire against SCE (Ventura and Los Angeles Counties)
• 2018 Camp Fire against PG&E (Butte County)

People rely on their vehicle to travel safely every single day. However, automobile manufacturers often sell vehicles that have defects that can lead to injuries or death. Unfortunately, there is a long history of auto safety defects where many lives have been lost or destroyed from either dangerous designs or manufacturing errors. Approximately, thirteen percent of all automotive accidents are the result of mechanical failures.

An automotive defect can be undetected during the manufacturing process. Some vehicles have inherent faults that may not be uncovered until a collision. Below are some common automobile defects:

• AIRBAG FAILURE: Airbags can help to minimize injuries and reduce fatalities. We all expect our airbags to protect us in a collision, but if the airbags fail to deploy in a collision, the injuries may be severe.

• SEATBELT FAILURE: Seatbelt failures may occur if the latch or retractor fail. When this happens the seatbelt would not prevent the occupant from striking an object in front of them, whether that’s the steering wheel, dashboard or seat in front of him or her. Such failure can also lead to the occupants ejection from the vehicle.

• SEAT BACK FAILURE: Some automobile manufactures attempt to cut corners and make seats as cheaply as possible. However, this may cause a seat to collapse injuring the person sitting in the seat or falling back and on top of other occupants in an accident. This can be extremely dangerous not only for the person in the seat that fails, but also for anyone sitting in the back seat.

• ROLLOVERS: A dangerous vehicle design can lead to a vehicle being prone to rollover. According to National Highway Traffic Safety Administration (NHTSA) statistics, SUVs were involved in 36 percent of the rollover-related deaths in the United States, more than any other type of vehicle.

• ROOF CRUSH: In the event of a rollover accident, the roof of a vehicle should be strong enough to withstand a certain amount of force, protecting the occupants from further injury. When the roof of a vehicle is not enforced, it can lead to leading to serious injuries or even death.

These are just some of the possible auto defects. Consumers should check the latest Checking for the latest automobile recalls at https://www.nhtsa.gov/recalls before purchasing a vehicle.

If you were injured in an automobile accident that you may suspect was caused by a automobile defect, you should call Ellis Riccobono, LLP immediately.

The “strict product liability” theory of recovery exposes a broad range of defendants to legal accountability for “defective” products. Liability attaches upon proof of the product “defect” and a sufficient causal connection between defendant, the product and plaintiff's injury. In order for there to be strict liability, the product does not have to be unreasonably dangerous—just defective.

A product is defective if it contains:

• A manufacturing defect; or
• It was defectively designed; or
• The product did not include sufficient instructions or warning of potential safety hazards

The legal doctrine typically permits the imposition of tort liability against all those directly in the marketing chain—e.g., not only manufacturers, but also wholesalers, distributors and retailers. In other words, regardless of the identity of a particular defendant or his position in the commercial chain, the basis for his/her/its liability remains that he/she/it has marketed or distributed a defective product. This is because there is a legal assumption that those involved in bringing the product to market are in a highly superior position to determine the existence of and prevent exposure to defective products by consumers.

Typical examples of potentially harmful and defective products are:

• Automotive products: cars, trucks, air bags, seat belts, motorcycles, etc.
• Electric bikes & scooters and standard bicycles.
• Consumer products like, pressure cookers & other kitchen items, power tools, gardening equipment, and other malfunctioning items.
• Items that spontaneously combust, like e-cigarettes, cell phones and other electric and battery operated devices.
• Construction equipment.

Ellis Riccobono has prosecuted actions for consumers injured and killed by defective products. Many of these cases have been against some of the biggest companies in the world, and despite the vast resources of the opposition, the firm has repeatedly won these cases that require know how and extensive resources.

As many as 1.4 million people in America will suffer from a traumatic brain injury every year. These types of brain injuries can arise from all types of incidents, ranging from slip and falls to car accidents to workplace accidents including NFL concussions. Unfortunately, brain injuries are not always evident, even to the victim. Some symptoms can be extremely subtle and difficult to diagnose.

Symptoms

• Headache
• Nausea or vomiting
• Fatigue or drowsiness
• Problems with speech
• Dizziness or loss of balance
• Sensory problems, such as blurred vision, ringing in the ears, a bad taste in the mouth or changes in the ability to smell
• Sensitivity to light or sound
• Loss of consciousness for a few seconds to a few minutes
• No loss of consciousness, but a state of being dazed, confused or disoriented
• Memory or concentration problems
• Mood changes or mood swings
• Feeling depressed or anxious
• Difficulty sleeping
• Sleeping more than usual

If you have suffered an injury to your head, in an accident of any type, you need a lawyer who understands the medical testing and assessments needed to evaluate this often undiagnosed condition. Ellis Riccobono, LLP specializes in complex litigation, including catastrophic injuries such as traumatic brain injuries.

There were 857 cyclist deaths in 2018, which accounted for 2.3 percent of all traffic fatalities during the year. There are numerous ways in which bicycle riders can end up dead or left with serious accident injuries. Some of the common causes of bicycle accidents are as follows:

• Bike lane intrusion
• Failure on the part of a motor vehicle to yield the right-of-way
• Distracted drivers or drivers who are under the influence of alcohol and/or drugs
• Dangerous roadway design
• Roadways with potholes or debris
• Poor lighting
• Car door opening

Because bicyclists are so vulnerable to injury when something goes wrong, like a careless driver making a right turn, the consequences are often catastrophic. Until the American motorist learns the rules of the road, and how to share the road and keep a lookout for cyclists, those riding bikes will be harmed by the negligence of others. We know the challenges in pursing cases for cyclists, and we have had incredible success in doing so.

According to the U.S. Department of Transportation, National Highway Traffic Safety Administration, over the last handful of years, more than 80,000 motorcyclists are injured every year while riding, and over 5,000 per year lose their lives. We know that the vast majority of these incidents are caused by drivers who violate the rules of the road, and do not take into consideration the presence of a motorcycles. We also know that sometimes those responsible for maintaining safe roads fail to do so, and that such failures often cause injuries to riders.

Despite the bias that society sometimes holds against those who ride, we have advocated for our clients injured due the negligence of others. For instance, we obtained a $6,000,000 settlement for a client who suffered a brain injury when his Harley crashed after coming into contact with a defect in the road. In another case we obtained a verdict for $2,860,000 when a careless driver pulled out from a shopping mall hitting our client and injured his leg.

Dangerous roads cause countless deaths each year as a result of automobile and / or pedestrian accidents in California. The danger of the road or highway is often disregarded by law enforcement when they are preparing a report on the cause of the accident. Regularly the traffic collision report will state that the driver was at fault when in reality the collision was caused by the road's design or unsafe factors. This may include the following situations:

• Defective road design
• Inadequate barriers
• Shoulder and/or drainage defects
• Inadequate road maintenance
• Missing or insufficient signage
• Missing or defective guardrails
• Lack of sidewalks
• Inadequate traffic control
• Inadequately marked construction zones

This often makes the government entity that designed the roadway liable for any damages caused during an accident. Claims against large government entities are extremely complex and should not be attempted without a highly skilled personal injury lawyer to advocate on your behalf.

Almost 5,000 people each year are killed in trucking accidents. Trucking accidents have been steadily increasing year after year. According to a study published by the United States Department of Transportation and the National Highway Traffic Safety Administration, semi-trucks were almost 23% more likely to be involved in fatal multiple-vehicle accidents than other vehicles. Given the sheer size, commercial trucks are capable of causing much greater harm than the typical car, and as such their drivers should be specially trained.

One of the many challenging aspects to these cases is determining who is at fault. Unlike a more an accident involving other vehicles, the at fault party in a trucking accident may be more difficult to find. Beyond the driver of the truck, the entity who leased the truck, the trucking company for failing to properly train the driver or even a mechanic who failed to maintain the truck.

Additionally, there are federal regulations (Department of Transportation and the Federal Motor Carrier Safety Administration) in place that regulate the trucking industry. These regulations set standards to help ensure that every truck is safe to be on the road and that every driver is trained to operate a commercial vehicle.

Ellis Riccobono, LLP handles cases for people that have been injured or killed in a trucking collision. Given our vast history involving these kinds of cases, we are uniquely prepared to find all the appropriate defendants and hold them accountable.

Many of the cases that the firm specializes in can result in trauma that leads the client to suffer an amputation. Whether the cause of the amputation is an acute severing event, compartment syndrome from a crush injury, electrocution, or another means, the lawyers at the firm understand that the treatment, recovery and care needed last a lifetime. In addition to medical costs for prosthetics and never-ending care needs, clients often lose the ability to engage in their prior profession and need vocational rehabilitation and consideration of lost earnings and a loss of future earning capacity.

The firm has the expertise to assist those who have suffered an amputation due the wrongdoing of another and prides itself on the compassion required to aid these clients in their time of need.

Uninsured and Underinsured Motorist Coverage (UM/UIM) is insurance contained in your own auto policy that protects you from accidents involving drivers that don’t have insurance, or do not have enough. It also covers you when you are involved in a hit and run accident.
The State of California requires that every driver have car insurance with a minimum coverage of $15,000 for the injury of one person and $30,000 for the injuries of multiple people. Despite these requirements, California has more uninsured drivers than every other state.

People injured at the fault of another driver typically can only receive up to the amount the at-fault driver has in liability insurance. However, if you purchase uninsured/underinsured motorist coverage, it will pay above the at-fault driver’s insurance if your case warrants it. This insurance will cover you whether you are in a car accident, a pedestrian, on a bicycle, etc. However, if you are at fault for the accident, you are not eligible to use uninsured motorist coverage.

For example:

As your riding your bicycle, someone in a car hits you. As a result, you are in severe pain and have to go to multiple doctors, get medication, miss work, etc. After all your medical treatment, you have incurred $50,000 in medical bills/medication and have lost another $25,000 in lost wages. If the driver that hit you had the minimum coverage of $15,000, this leaves you with $60,000 in costs that will not be covered by the insurance company. This is where your underinsured motorist coverage comes into play.

Another nuance with Underinsured coverage is that in California, this insurance does not “stack” on top of the at fault driver’s insurance. That means if the injured party has an underinsured motorist policy of $100,000, that is the maximum the injured party can get. In the example given above, if the at-fault driver paid their policy of $15,000 then the injured party could get an additional $85,000 with their underinsured motorist coverage.

Each year construction site accidents injure or kill thousands of construction workers. According to The Occupational Safety and Health Administration (OSHA), 5,333 workers died on the job in 2019 [https://www.bls.gov/news.release/cfoi.nr0.htm] — on average, more than 100 a week or about 15 deaths every day. About 20% (1,061) of worker fatalities in private industry in calendar year 2019 were in construction – accounting for one in five worker deaths for the year.

Common Causes of Construction Site Accidents include:

• FALLS – With a great number of construction work being done at dangerous heights on roofs, ladders, scaffolding, cranes, etc., falls are the leading cause of all construction worker deaths. In 2019, they accounted for 403 of the 1,061 fatalities in construction. Falls were the cause of nearly 38% of all construction worker deaths. At such heights, the chance of negligence is increased including, inadequate safety gear or worker error which could lead to a fall causing serious injuries.

• ELECTROCUTIONS - There are often exposed wires, downed power lines, and unfinished electrical systems on construction sites creating dangerous environments.

• EXPLOSIONS - Construction sites involve many flammable or explosive materials, including exposed wiring, chemicals, leaking pipes, etc.

• FALLING DEBRIS - With so much equipment and materials on a construction site, workers face risks of objects hitting them. Tools or construction materials may be improperly secured or negligently put down. If any equipment and materials fell from considerable heights and it could seriously injure someone below.

• MACHINERY ACCIDENTS - Construction sites often have large and/or dangerous machinery, such as cranes, excavators, bulldozers, etc. This kind of machinery is at risk of rollovers, collapse, malfunctions, or collisions with stationary objects or other machinery. Even smaller power tools like power saws, nail guns and drills may cause serious injury. Inadequate safety procedures or negligent operation put people at risk of injury or death.

Workplace accidents are typically covered under workers' compensation benefits. However, if these accidents are due to the negligence or carelessness of a third party (for instance a different subcontractor on the same jobsite) that party can be held liable for damages that are not available in a worker's compensation claim.
When an accident occurs on a construction site the owners, contractors, subcontractors, architects, and manufacturers of equipment can be held responsible for their negligent actions. They can also be liable for the failure to act, take reasonable safety measures or provide unsafe equipment (i.e. inadequate fall protection or defective forklifts, tractors, scaffolding or guardrails)

If you’ve been seriously injured or lost someone or at a construction site because of someone else’s negligence, you have the right to hold the negligent people and companies responsible.

In California, A landowner or possessor (for example a renter) owes certain affirmative duties of care, as to conditions or activities on the land, to persons who come on the land, and sometimes to persons outside the land. For instance, the law requires:

• Staircases and stairways must meet minimum safety requirements imposed by building codes (ie. rise and run of the stair, or length of handrails).
• Construction sites have to maintain and operate the site in a safe manner to avoid foreseeable injury. Safety rules must be followed to ensure the safety of those onsite, and those nearby. Fall protection for trenches, scaffolding, skylights and roofs may be required. Protection from falling equipment/materials and electrical hazards are also other areas that require the attention of those controlling the land.
• Trees have to be maintained so that falling limbs don’t hurt people and roots don’t create hazards for pedestrians on sidewalks, or those using an adjacent road.
• Lighting has to be adequate to enable safe use of the land.
• Electrical systems have to be maintained to prevent electrocution
• Stores, and other areas open to the public have to take reasonable steps to insure that walking surfaces are not dangerously slippery and do not have changes in elevation that create tripping hazards.
• Balconies must be constructed and maintained to prevent a fall from height.
• Railings must meet required specifications to prevent a fall from height.
• Security measures might have to be used to prevent third parties from entering land and causing harm if conditions of foreseeability can be established.
• Pools might have to have safety measures installed (like a pool fence with a childproof lock) to prevent drownings.

Our attorneys have successfully litigated and resolved these types of cases, over and over again.