Southern California Injury Law Blog

Teens distracted when driving: an attorney is taking teens to task! Or could it be the other way around?

2010-02-25T23:05:41Z

Seattle accident attorney Jason Epstein is the founder of Teens Against Distracted Driving, TADD, TADD, a movement to arrest the continued dangers that texting poses when driving a car. Teens are invited to take a pledge on line, and if they do so in Washington State, they are provided a free wrist bracelet.

In an unusual turn of events, the attorney is now finding out the power and interest that teens can generate. Momentum is building and he may not be able to afford the bill if teens keep up the pressure. Only launched a short time ago, TADD is building critical mass. Teens are taking the pledge on line from all over the country. Therefore Jason had to solicit the help of other attorneys to foot the bill. He is not complaining though! “The injuries and accident levels are epidemic,” he said in a recent call to me. He now has 10 attorneys all over the country pledging support to provide a free bracelet. More may be needed!

Now he is also being asked to speak to teens at local schools in the Seattle area. He has agreed and expects even more interest in the coming weeks. The bracelet reminds us of our pledge to avoid texting and driving, because it is dangerous. If we can break our newly developed habit early, many lives can be saved.

I know of the tragedy caused by accidents of this kind and we report often on the subject of texting while driving. Pledge to stop texting and driving and receive your free bracelet. We can stop this horrible killer that also causes great grief to the driver. Also remember that if you cause injury or death in California while texting, you can be tried in criminal court for involuntary manslaughter. The DA’s are prosecuting these cases routinely to send a message.

I will do my share for California. If anyone takes the pledge, I will sponsor sponsor in California. At least one other attorney has agreed to sponsor as well in San Diego, the Jurewitz law group.

After speaking with Jason today, he suggested that I also offer my speaking services as he has. He is a hard man to turn down. I have agreed, how could I say no! Call my office and I will arrange an engagement to any group in Orange or Los Angeles County, California. 1 866 981-5596. As an accident attorney of 25 years, I have plenty of stories to share of the horror caused by distracted driving. Saving a future disaster from happening would be a wonderful way to spend my day.

Catch the wave and take the pledge.

Jim Ballidis is an author and attorney in Southern California.

Washington Lawyer is doing something positive about texting and teen driving. Read this interesting article and support the cause

2010-02-25T20:18:35Z

I found this interesting site recently, Teens Against Distracted Driving. I had a chance to talk with the founder, a Seattle wrongful death and accident injury attorney. Here is a portion of my conversation with Jason Epstein.

Jim Ballidis: Why did you start the site Jason?

Jason Epstein: As a Seattle auto accident attorney I have seen thousands of car accident cases. The most tragic are always those that involve young people. Unfortunately, our youth are engaging in dangerous behavior every day which puts them at much greater risk for being involved in a serious car accident. Texting while driving is an epidemic. I see this kind of injury As a Seattle personal injury and auto accident lawyer often.

Jim: Why do you think we are struggling to get people to stop this practice? Is it lack of education?

Jason: Some people simply can’t put their phones and texting devices down, even while they drive. This behavior is dangerous and irresponsible and it is most prevalent with teenagers. What makes this worse is that teenagers are also the most inexperienced drivers on the road and are already at a greater risk for getting into a car accident to begin with. The data shows that texting while driving is just as, if not more, dangerous than drunk driving.

Jim: So what did you decide to do?

Jason: I couldn’t stand by any longer without trying to do something. I launched Teens Against Distracted Driving to try to raise awareness about this dangerous and deadly habit. My hope is that by giving the TADD bracelets to anyone who signs the pledge to not text and drive that the next time they go to pick up their phone while they are driving, they will see the bracelet on their wrist and make the choice to wait to send that text. It could keep them alive.

I support TADD and I hope you will too, by encouraging your children, teens and even adults to take the pledge against distracted driving. James Ballidis is an attorney in Newport Beach providing services to injured victims in auto and truck accidents.

Athlete injury from accidents and delays to recovery

2010-02-25T19:18:27Z

Athletes and accidents: the pitfalls that delay recovery.

Athletes that sustain serious injury in an accident are almost always unaware and unprepared for the challenges they will face, and most will delay their recovery if they do not get sound advice. Until now, there was no source of advice, no compilation of experiences, shared by other athletes. Each athlete had to learn the hard way about the pitfalls to rapid recovery.

The pitfalls are unique to athletes because of their unique mindset, a way of accomplishing goals that heavily relies on tenacity and drive. Unfortunately, most athletes have never faced the adversity caused by serious injury, and the habits and traits they have relied upon in the past do not work. They are destined to suffer additional injury, or setbacks because the will just “work through” the pain and challenges that are ahead.

Now an athlete can obtain knowledgeable advice and coaching. Author James Ballidis has synthesized experiences of elite athletes that are faced with a recovery from an accident. As a personal injury attorney representing those athletes, the book, Athletes in Accidents, Nine Pitfalls to Your Full Recovery, outlines nine strategies that an athlete can use, and the pitfalls to avoid during your recovery.

Common Pitfalls include:

1. Selecting the right medical professional, not just the general practitioner, or a doctor unfamiliar with athlete recovery.
2. Should you rely on your coach or trainer for your recovery regimen? 3. Are you now feeling left out because you cannot train and your social circle is made up of other athletes that you trained and competed with.
4. Do you know what to do if the doctor or therapist is not getting you better? Don’t quit, fix the therapy regimen!

The athlete has unique circumstances that must be addressed when they are involved in an accident. Know your capabilities rights and pitfalls to a full recovery from an accident by obtaining a copy of this book. You can call 1 866-981-5596 to order a copy for a reduced price of $7.00 or you can order the book on Amazon.com.

James Ballidis is an author of a number of books on personal injury and auto accident injury in California. He is a managing partner of Allen Flatt Ballidis and Leslie in Newport Beach, California.

Airline pilot's cry foul, but should they shut up and fly the plane!

2010-02-25T19:06:09Z

The Federal Aviation Administration (FAA) wants to install recording devices to record pilot conversations while flying in commercial airlines. The pilot's union is in an uproar and pilots say it will reduce their morale.

In a series of high profile accidents, both on airlines and in trains, there is a recognition that the operators of this machinery are preoccupied with texting, talking, and doing other than their job. Everyone recognizes that an airline now has navigational control and auto pilot to fly the planes. That does not mean that the pilot should be on his laptop and miss his landing zone than by more than half an hour as in a Northwest Airlines incident recently. It also means pilots in planes that I'm riding in, should not be distracted by incessant texting and talking that take away from the responsibility to monitor the aircraft, and their position related to other aircraft around them.

Pilots are paid well for their work and an employer has a right to ask that they do their work. Pilots are no different than any other person working at a job that requires they concentrate. A checker in a supermarket has a camera focused on them. Simply do your job and you should have no reason to be concerned about the recordings or distractions. If however, you are not doing your job you have a right to be concerned, and more importantly, I imagine your morale may dip. For our safety and the safety of the crew, pilots should be focused on their job and stop worrying about whether their conversations will be recorded while in flight.

Proposition 17 in California will cause auto insurance rate increases.

2010-02-23T23:23:29Z

An initiative measure has qualified for the ballot this next voting period that will alter how premiums are calculated for drivers who have maintained their automobile insurance coverage in effect without a 90 day period of lapse. The initiative allows automobile insurance companies to offer a discount to a person even if they switch to a new carrier. The initiative is sponsored only by Mercury Insurance.

The Legislative Analyst, in preparing the ballot analysis asked for input from the state insurance department on whether there would be an increase in premiums to some drivers. They answered a resounding yes. Here is why.

Insurance companies must develop a rate plan that is complex and provides different tiers of coverage and rate options. One of the tiers is the discount offered to an existing insured that has maintained coverage.

Every discount must also have a surcharge, because the overall rate must be approved by the state so that insurance companies stay solvent and able to pay claims when needed. If a carrier wants to offer a discount to customers of another company, it must in turn surcharge its existing customers. Here is the department of insurance link for your use.

Common sense dictates that if a company loses good driver discounts to another carrier because the other carrier is aggressively advertising for customers, then they must increase their rates to all their existing customers. Therefore between insurers, there would be this constant increase in rate charges.

What is most disconcerting is the company that is promoting this ballot measure. They do not have a good reputation for treating claimants and their own insured’s well. See these blog and consumer reports for more information.

Mercury recently was hit with a $250,000 fine for claims violations reported to the commissioner. Many more claims go unaddressed because the Insurance Commissioner has been so slow to respond in the years past.

The insurance commissioner, after fining Mercury said, "It is vital that insurance companies put their customers first," The California Department of Insurance (CDI) conducted a review of consumer complaints filed with the Department against Mercury Insurance, Mercury Casualty, and California Automobile Insurance Companies, collectively known as Mercury Insurance Group. Of the 121 files reviewed, a total of 258 violations, 258 were discovered to have occurred from January 2004 through December 2005. That is two per file reviewed and is an indication of fire where smoke was found. These violations involved several of the company's claims-handling practices, including unreasonable delays in affirming or denying coverage and issuing claim payments.

Just say no to proposition 17.

James Ballidis is an attorney specializing in the handling of insurance and car accident claims.

Texting while driving is dangerous, but teens have set out to change all that.

2010-02-22T22:05:58Z

Lately, it seems that more and more deaths and serious injuries are related to texting while driving. The problem is systemic over all age groups, but a movement is underfoot to rally teens against the practice.

The web site Teens Against Distracted Driving offers an opportunity for teens to stand up and be counted. In an unusual movement, teens are making a pledge to stop texting while driving. Their pledges are tallied and will soon become a large contingent of teens devoted to policing themselves. The developer of the site suggests that soon the number of teens taking the pledge will be listed on the site by state. What is even more interesting is the impact this pledge may have on adults, family members and other friends.

With the pledge, the teen receives a free bracelet to wear that confirms their pledge. It is bound to offer additional questions about the pledge and spur more effort to remind us all that texting kills.

I have written in the last year of many texting accidents that have caused serious injury or death. Even the driver’s life is ruined, sometimes a teen, when convicted of involuntary manslaughter because of an errant distraction on the road.

Teens are doing something about it. I hope you will support the message, have those you know sign the pledge and proudly wear the bracelet to address this terrible phenomenon.

James Ballidis is an author and attorney in Southern California.

22 years later, you are still in danger of being treated by someone already sanctioned for malpractice. Why?

2010-02-19T20:45:45Z

22 years ago, Congress set out to stop dangerous and incompetent caregivers from practicing in different states when they have already been sanctioned in one state. It demanded the creation of a national database which would be a compilation of health care providers with disciplinary action from every state. Unfortunately, 22 years later, the federal government hasn't accomplished this goal.

The database is not available for view by the public. It was designed to be used by employers considering the hiring of applicants. Unfortunately, the database, according to the Los Angeles Times on February 15th, 2010, lacks much of the crucial information contained and available on various state licensing board websites. The reality is that the states have not been reporting their disciplinary actions to the federal government to allow a compilation of the database.

One has to ask first, why can't this simple project have been accomplished many, many years ago. Second, one wonders how much has been spent by the federal government "compiling" this database only to find that it is flawed and continues to be an eye-soar of no value or use. Third, why is the public excluded from reviewing this database, particularly when a doctor may open his own practice in a different state. Forth, why, after 22 years, and all of the technological advances available to us, it can't be simply reported quickly and effectively via a online reporting function. When a state updates its website with the disciplinary action, it automatically updates the federal database.

Not only is it dangerous to the safety of patients that this database and actions of Congress are not properly functioning, but I'm sure that it costs billions of dollars to run, manage, and develop, only to be yet another white elephant in the government's huge budget.

James Ballidis is an attorney devoted to the rights of citizens in California. If you have a personal injury, call us at 1 866 752-7474. Our consultations are always free.

Road rage is on the climb in Southern California. Avoid being stabbed like this person!

2010-02-19T17:31:27Z

If you drive routinely on the freeways here in Orange County or in fact throughout California, you might have noticed an increase in aggressive driving. Increased congestion, running late, and anger are all contributing factors to the most aggressive driving that we’ve seen on the increase. The big problem is at what point does aggressive driving turn to road rage and thus become a risk factor for personal injury accidents, or in some cases, homicide.

Last weekend a road rage incident in Stanton ended in a serious stabbing for one man. The victim was rushed to UCI Medical Center and underwent surgery and is expected to survive. It is being investigated as a road rage incident unless other witnesses come forward to prove otherwise. Since the incident involved two ethnic groups it may be classified as a hate crime.
The freeways running throughout Los Angeles/Orange Counties have the reputation for having the fourth aggressive drivers, next to Miami, New York and Boston in the nation. Statistically, young men, 18-24, are more prone to road rage and they typically drive more than other age and gender groups.

Road rage is a two way street, though, and if you don’t respond, chances are nothing will happen. However, according to a national survey, over one half of all drivers who experienced these aggressive drivers do react and then that escalates the situation. Horn honking, yelling, obscene gestures, maybe they will make you feel better but it won’t solve the problem. In fact, in some cases, it can make things worse if the other party has access to weapons and wants to do you harm.

Road and Travel Magazine have some great tips on avoiding aggressive driving and road rage incidences:

Attitude: Stay calm and focused while driving; it is not a competitive sport.
Smarts: Don’t allow yourself to be drawn into a confrontation.
Courtesy Try to be a courteous driver, remember you are not perfect.
Turn Signal: Remember that 57% of people do not use their signals properly!
Changing Lanes: Make sure you have plenty of merging room and don’t cut off other drivers.
Keeping up with the Pace: Try to stay with the flow of traffic or move to the far right, slower lane
Tailgating: always keep a safe distance while driving; one car length for every 10 miles per hour driving.
Gestures: Never make obscene gestures
Distance: If a driver is showing abnormal aggressive behavior, keep your distance.
Get Help: If you feel seriously threatened, either call 9-1-1 with your cell phone or drive to the nearest police station. Never drive home or stop on the side of the road!
Apologize: If you make a mistake, try to apologize with the appropriate gesture.

In California the Aggressive Driving Laws are quite clear. Using your car in an aggressive way that commits a crime is considered a criminal assault and you can be penalized with a fine of up to $10,000 and up to 4 years in jail. Be polite and do not respond to someone that starts an incident.

James Ballidis is the managing partner of Allen, Flatt, Ballidis & Leslie, a personal injury and auto accident law firm in Southern California.

Should a school district use budget cuts to endanger our children in Orange County, California?

2010-02-12T17:51:22Z

Our office was recently retained by the parents of a young elementary child who severely “hooked” his finger while playing on a school basketball court. The accident was completely avoidable.

The metal net was broken, and a hook was hanging off the net, low where a child’s hand to become tangled in it. As the child jumped up for a rebound, the hook caught his finger, hooked and tore into the flesh. He may have severe nerve damage.

The question to ask is whether school officials will blame budget cuts for leaving a condition like this for children to injure themselves. In this California personal injury lawyer’s opinion, the answer should be a resounding no.

When we listen to the budgetary woes of administrators in our school districts, we are compelled to participate in bake-offs, PTA rallies, runathons, sell magazines, and even help our children with direct donations. What I simply can't understand is why ordinary maintenance and typical protection of a child cannot be done within the budgetary constraints given these schools. Simply put, how much would it cost for a janitor, a principal, or even a teacher to climb on a three foot ladder and take the hook that holds the broken net chain off the hoop so that this young child does not sustain a serious injury.

Our government officials that run our school districts are out of time, and we're out of patience. As a member of the PTA and as a father of a 10-year old daughter, I will accept nothing but absolute integrity in the protection of my child when she is on school grounds. You should request nothing less from your school district.

School officials have for ages demanded more and more money, increasing and increasing budgets, that are designed to keep our students educated and safe. Despite all the money allocated to it, this totally avoidable accident occurs and I say it's absolutely ridiculous.

If you're thinking of hiring a California personal injury lawyer don’t call anyone until you read this.

2010-02-12T16:59:56Z

If you're thinking of hiring a California personal injury lawyer don’t call anyone until you read this.

Unfortunately, some unqualified lawyers are shamefully misleading and they use advertising hype to attract clients on the Internet and in radio and television advertising.

If you want to know how to look beyond the advertising hype, and find the right lawyer for your case, you should obtain a Free book from a California attorney James Ballidis, who has practiced law for 25 years in California. The book “Avoid Lawyer Advertising Hype” is available through the web site www.avoidlawyeradhype.com, or you can call toll free to get a copy if you are a California resident. Call 1-888-752-7474.

The book covers subjects such as to how lawyers use advertising to get you to call, and why ads rarely tell you anything about the lawyer or their qualifications. You need to know how to find a qualified lawyer, one that is not under investigation and is experienced, a lawyer that knows how to settle cases, where possible or take them to trial if you need. You need to know what to look for when hiring a lawyer.

As one recent reader of the book said, "I found a lawyer by using the book and I have the ultimate confidence that he's the right lawyer for what I needed."

Why would Attorney Ballidis provide this book for free? Do you believe nothing is free, you will be sold something or hassled? We guarantee that there are no hassles, no sales pitches, just help. He has seen the devastation that the wrong lawyer can cause to a case. Some cases and clients need a specialist and some need a certain type of lawyer, this book tells you how to make those decisions. Naturally, if Mr. Ballidis’ firm is a fit for you and your case, you can call him, but this book comes with no irritating calls or attempts to sell you anything.

This free book will help you find a qualified personal injury lawyer that you need. And if you review this book, he is confident that you will find the right lawyer, based on your needs not advertising hype.

You should get a copy of your free book. Go to www.avoidlawyeradhype.com for your free copy or call 1-888-752-7474.

We live and we die, but is that just it? Tragedy brings an answer.

2010-02-11T16:41:16Z

My uncle Leroy is passing on, a product of congestive heart failure, which is wrenching at his life. He was like a father to me because I lost my father six months after my birth. On the cusp of the inevitable change coming to his spirit, I asked myself last night, “we live and then we die, but what does living really mean?

My thoughts this morning, we live and we die, but we live on in the people that we've touched and helped. I recall times when I was just a boy and I would call Leroy to get advice on “manly” things, like repairing a car or obtaining my license, what to do and how to handle certain events in my life. “Boxers or briefs”, razor or electric, and girls, compelling questions to a 15 year old boy.

I did not call often, but I knew if I did, he would have given me the advice that he gave his four sons and two daughters and it would have been great advice.

The truth is that we live and we die, but we live on in the heart and the soul of the people that we touched. To him, I dedicate this moment, because as he leaves this world, he touched me, his wife of 45 years, his sons and daughters, and the many grandchildren. His purpose arises within all these people, and it is because he was who he is and who he will be, in life and in spirit.

I need to remember my purpose in life, to touch and help people like Leroy did in so many ways.

Jim Ballidis

Cell phone use study draws the wrong conclusions.

2010-02-04T17:42:40Z

A controversial new study released recently by the Highway Loss Data Institute, HLDI disputes the findings that new state laws banning cell phone use and text messaging while driving actually decrease car crashes. Of course, actual collisions and deaths due to cell phone use speak otherwise as noted in this California auto accident lawyer discussions. As you might imagine, many lawmakers and organizations that promote no cell phone use while driving are disturbed at the message these new findings might send.

The group compared the monthly collision claims in four states that had laws banning cell phone use while operating their motor vehicles. The group found little difference in collision rates, but before you grab your cell phone in the car, you should know that distracted driving contributes to the 4,000 to 8,000 crashes every day in the United States and a serious Metrolink accident in California. Our universities are not safe from drivers, distracted while texting or using their cell phones. Furthermore, distracted drivers are responsible for at least half of the 6 million crashes per year.

Besides cell phone use and texting while driving, the Department of Transportation defines three types of distracted driving.
· Visual- taking your eyes off the road
· Manual-taking your hands off the wheel
· Cognitive-taking your mind off what you’re doing

Distracted driving is any non-driving activity a person engages in that has the potential to distract them from driving their automobile in a safe manner. Some other forms of distracted driving are eating, drinking, talking, grooming, reading maps, changing radio stations or using navigation systems.

It only takes a moment to be distracted and cause serious personal injury. Additionally last year over 515,000 were injured in police reported accidents with at least one of the drivers were distracted and 5,870 were killed. The worst offenders are the 16-20 year old age group, but all demographic groups are guilty at some point of driving distracted.

The Foundation for Traffic Safety has gathered some helpful guideline for potential distracted drivers:
· Plan ahead-Check road maps and traffic conditions before you get on the road
· Stow electronic devices-Turn off your phone while you’re in the car so you won’t be tempted to answer it.
· Prepare kids for the trip—Get the kids safely buckled up and situated with snacks and entertainment before you start driving. If you must deal with a child situation, pull over instead of turning around constantly.
· Don’t eat in your car-on a long trip always stop for breaks; don’t eat while driving.
· Prepare your vehicle before you start the engine- Adjust seat positions, climate control, sound systems before you take off.
· Groom yourself before you get in your car- Your car is not your bathroom. Brush your hair, shave, put on make-up before you get in your car.

Lastly, the Transportation Department has officially banned truck and bus drivers from sending text messages while driving. This prohibition affects all buses and trucks over 10,000 pounds and is effective immediately. In addition, President Obama has directed all federal employees not to engage in texting while driving government-owned vehicles.
All of these new rulings are a positive step in keeping our roadways safe for drivers.

bicycle accident victims get justice when doctor is sentenced to jail for intentional stop.

2010-01-13T22:41:45Z

Bicyclists from around the world were awaiting the sentencing of Dr. Christopher Thompson today for the road rage incident that happened in July 2008. After many letters and emails to the judge, he ultimately sentenced Dr. Thompson to 5 years in prison for the assault on the two cyclists, sending a strong message that cars and bicyclist must share the roads in a civilized manner.

The accident occurred on Mandeville Canyon Road in Los Angeles. Scenic roads are famous for bicycle lovers for their good work out as well as shady trees for comfortable riding. Dr. Thompson testified that while driving to work two cyclists had flipped him off and yelled profanities to him only when he suggested that they ride single file on the windy road. After these words were exchanged, Thompson then sped in front of the cyclists and slammed on his brakes. One cyclist was slammed into the rear window of Thompson’s car; breaking his front teeth and causing several facial lacerations. The other rider crashed onto the sidewalk and suffered a separated shoulder.

Thompson had experienced two prior incidences before this accident and had told officers after the crash that he was going to “teach them a lesson”. Recently other canyon residents had complained that cyclists were ignoring stop signs and riding side by side. However, this does not justify the escalation in violence that occurred that day.

Bicyclists are a frequent victim of intentional and negligent actions by drivers. If you want to consult with a personal injury attorney specializing in bicycle accidents call Allen, Flatt, Ballidis & Leslie at 1 866 981-5596 or see our web site devoted in bicycle accidents. We can help if you call and the call is always free.

Nationwide there were over 43,000 bicycle injuries with about 715 deaths in 2008. Two-thirds of the deaths are due to traumatic brain injuries, normally caused by the cyclist not wearing a helmet. Since drivers and cyclist must share the roads together, let’s look at some safety guidelines to ensure fewer accidents.
With the increase in bicycle accidents, the California Department of Transportation has compiled a list of safety guideline for any cyclists commuting or riding for pleasure.

· Wear a helmet! 92% of all bicycle injuries involve a motor vehicle
· Always ride in the same direction as other traffic, not against it
· Ride in a straight line
· Ride to the right if you are slower than the other traffic
· Stop at red lights and stop signs
· If you’re riding at night, you must have a white light on the front of your bike that emits 300’ from your bike. In addition, you must have a red reflector that is visible 500’ from the rear of the bike. Lastly, Mount white or yellow reflectors on your pedals for added safety.
· Wear bright colors in the daytime
· Keep a safe distance from parked cars
· Use proper hand signals when turning or changing lanes
· Use extra caution when its raining and allow for extra stopping time
· Cross railroad tracks at a right angle
· Walk your bike across a crosswalk
· Don’t wear headphones while riding
· Keep your bike maintained properly
· Ride defensively.

For further bicycle safety tips you can access the DMV’s website at www.dmv.ca.gov and the DOT at www.dot.ca.gov/
Safe riding!

James Ballidis is a personal injury attorney specializing in bicycle and auto accidents in Southern California. Call for a free consultation at 1866 981-5596 for your accident needs.

Elder abuse on the rise. Protecrt your family and stop the abuse.

2010-01-13T22:36:55Z

According to a new report from the California Senate Office and Oversight Outcomes, there are some serious flaws in the way the state of California detects and monitors the elder abuse cases that is overseas. In Orange County alone, the elder abuse cases have tripled since 1994.
Elder abuse can be any violation against the elderly that is physical, verbal, emotional, or economic. California’s aging population is expected to have explosive growth in the next twenty years and California must do a better job of protecting the most vulnerable of our citizens.
One local case was in Laguna Hills that ended in the death of an elderly woman who was mistakenly given morphine and then choked on her food. She later died at a local hospital and the facility was fined $75,000. Another nursing home in Tustin was fined $50,000 when the staff failed to assess a man’s ability to eat and he later choked to death as well.

Additionally, three other nursing home patients were killed when the nursing home director had drugged the patients with powerful anti-psychotic drugs to control them. Heavy workloads and limited staff are commonplace in nursing homes and drugging patients is on the rise according to recent reports. If you or someone you love is a victim of elder abuse, a personal injury attorney can assist you with the investigation and if necessary a lawsuit to stop the abuse, correct the problem and get financial compensation for the harm caused. C all Allen, Flatt, Ballidis & Leslie, or see our personal injury site at www.thecaliforniainjurylawyer.com.

These offenses seem unbelievable and fortunately, most violations are relatively minor compared to these offenses. In fact, around 30% of the nation’s nursing homes have some sort of deficiency and about 1 in 20 actually have abuse. But how can you make sure your loved ones are being cared for? One controversial solution is the use of web or video cameras.
The residential homes that have cameras actually have greater family support and less theft and claims of abuse. Some staff actually welcome cameras to prove their side in false allegation claims. However, one family set up a video camera in their loved one’s room and was horrified when they viewed the film.

Maria Arellano’s family began noticing bruises on her body in early 2006 and when the staff did nothing after the complaints, the family installed a video camera. An aid was caught pulling Ms. Arellano’s hair, bending her neck, fingers and wrists and treating her violently in the shower chair. In addition, the same staff member was found to have repeatedly slapped this stroke victim. Obviously, this woman could not defend herself. Just last month the Arellano family was awarded $7.75 million for elder abuse in the Fillmore Convalescent Hospital in Southern California

How can you protect a loved one from a bad nursing home? A little comparison research into nursing facilities within your county before you need it will ensure a better experience for your entire family.

A good starting point is www.medicare.gov/. On the Medicare site, you can search nursing homes by name, city, zip, state or geographical region. In addition, you can compare several homes, side by side, for any violation and staffing numbers. Finally, once you decided on a home you may access detailed health and fire inspection reports on these facilities.

Additionally, you can visit the California Advocates for Nursing Home Reform’s website at www.canhr.org/ for a listing of nursing homes with the Department of Health violations.

James Ballidis is a personal attorney in Newport Beach, California. Call us at 1 866 981-5596 for a free consultation.

Three tell signs you are being manuipulated!

2009-12-15T19:41:48Z

We are a culture of compromise. We give in to some things and take in others, trying to remain agreeable and fair. As an example, my daughter wanted to wear shorts today to school, (50 degrees outside). My instincts told me that this was going to be trouble from the beginning. If I ask her to change, I am dictating what she can wear and controlling her decisions. If I say nothing, I will catch the wrath of her mother, and if I try to negotiate, I will expend a huge amount of time.

Although this is a simple example, we all have to negotiate, accept, give and take. The more important that a point of contention is to us, the harder we must apply ourselves. Unfortunately, there are some people that do not easily give, and always take. Have you ever been manipulated and you did not realize it was happening? Here are several tactics that people use to manipulate you into agreeing with their proposal. What does this have to do with law? Stay tuned.

Trigger one: The hard noser

A hard nosed tactic is to give little or nothing without a fight. In short, this person or attribute (sometimes interchangeable) will show no weakness. It is their way or the highway. This tactic works well for lawyers in some cases. The opposition simply does not want to put in the effort, or pay the cost, to negotiate a fair compromise and gives up on seemingly unimportant details, only to find they were short changed later. My daughter uses this tactic.

How do you deal with this attorney, person or child? Patience is the absolute key. I must be committed to the process or I will not get the person to budge. This person really hates to wait, wants to skip over details and does not want to listen to your thoughts because they feel they are losing control of the process. That is exactly what you want them to feel. Eventually, a fair and thorough compromise will be reached but you must be willing to patiently work through the process. Do not agree to anything until you both agree to everything. Do not let them parse out little agreements without discussing all points on the table. It really works.

Trigger two: Flattery is king.

People who want to persuade you to agree to their way of thinking often are identified by efforts to build your image or compliment your ego. We all recognize the movie clip where the wife wants to convince the husband of his prowess when in truth she wants to buy something. Lawyers try this tactic as well. Flattery can be genuine, but if you see that it is gushing out over little things, and it seems out of place, rest assured it is. My daughter will try flattery from time to time. Gee dad I really like to shop with you, you are so much fun! I am an in and out guy and spend no time shopping. Her flattery is disingenuous and eventually her desire surfaces. The effort is designed to make you feel good, because when you feel good, you are more likely to want to keep that feeling, by continuing the road to conflict avoidance.

So how do you deal with flattery? Simply accept it, keep it, enjoy it, and to keep that good feeling going. When the request comes your way stay in the moment, while saying what you want. Oh darling daughter, I don’t think we can buy that today for you, but maybe next time. Your positive attitude will throw them off. If they really want to take it up a notch, they will be the ones that move to a different strategy. A lawyer who tries to get something with flattery quickly realizes that they are in a pickle. They just complimented the other attorney and now they must either admit they were exaggerating, or keep up the good feeling despite being denied their unjustified request.

Trigger three: Please don’t guilt me.

Guilt is a powerful motivator. To avoid feeling guilt, we sometimes will give much more than normal or fair. To get their way, a person will manipulate the facts in such a way as to create guilt in you. My daughter might say “You never let me make my own decisions.” Suddenly I feel that may be right, and I allow her to wear the shorts today.

To combat guilt, you must remember that there is a time to assess the cause and basis for your guilt, but it is not during the discussion at hand. Simply address directly that you understand their point leading to your guilty feeling and agree to look at that subject or issue later, but for now let’s get back to the discussion of the issues at hand.

An example: The husband is out late again. Wife says I want you to call or come home. I am uncomfortable when you are out late and I do not know where you are. Husband retorts about the time his wife falsely accused him of infidelity, and that she just needs to trust him! (No I am not using Tiger Woods as an example.) The wife gives in, but she could instead have acknowledged that she made a mistake previously, note that subject and those feeling should be discussed fully, but after the issue at hand. “You should respect me, and call if your are late, but I really want you to be home with me.

So what happened this morning? Well I committed the time necessary to open the discussion. My daughter tried to convince me that I was not letting her make her own decisions. I noted that she could wear what ever she wanted that was appropriate for the weather. Unfazed, she went right to guilt. You really don’t want me to make my own decisions because you think I am too stupid. She missed the mark with that one, since she is quite smart. Since guilt showed no value, she tried flattery. She argued that it would be warm again today and she wanted to play soccer in the afternoon and would be too warm with long pants on. She just wanted to be better at soccer, a sport I had been encouraging her to practice at since she is showing promise.

It worked! She hit a flattering moment! She wanted to do what I suggested. So we discussed a compromise, she could wear shorts under sweats and take the sweats off when ever she wanted to. Problem solved, she skipped up the stairs. I dodged a bullet, and when my wife came downstairs. She did not even know what happened.

Try these strategies in your personal and professional life. They work.

James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie in Newport Beach, Ca.