Sacramento Personal Injury Lawyers Fighting for Justice for 50+ Years
If you’ve experienced a personal injury in Sacramento, navigating the complexities of legal claims can feel overwhelming. Arnold Law Firm Accident & Injury Attorneys is here to help. With over 50 years of experience, we are dedicated to providing expert representation and fighting tirelessly to ensure you receive the compensation you deserve. Whether you’ve been involved in an accident, faced negligence, or dealt with wrongful death in the family, our team is here to advocate for your rights.
Arnold Law Firm Accident & Injury Attorneys has a long-standing reputation for successfully handling personal injury cases in Sacramento. Our attorneys are committed to delivering client-focused advocacy, ensuring that accident victims and their families are treated with care and respect throughout the legal process. We fight for justice and have a proven track record of securing favorable settlements and verdicts for our clients.
If you’re seeking a dedicated team to represent you, explore our client testimonials and see how we’ve helped individuals just like you: Read what our clients have to say. reach out to Arnold Law Firm Accident & Injury Attorneys today!
For a free consultation, call us today at (916) 777-7777 let us help you get the compensation you deserve.
SETTLEMENT
$60,000,000
Data Breach
The Arnold Law Firm reached a settlement in the Morgan Stanley data breach class action lawsuit.
What to Do After a Personal Injury Accident in Sacramento
A serious accident can leave you disoriented. But once you’re safe, there are a few things that can make a real difference later.
Get Checked by a Doctor: Even if you don’t feel hurt right away, it’s worth getting looked at. Some injuries take time to show up, and medical records help document what happened.
Take Photos and Save Details: Try to take pictures of the scene, your injuries, and anything else that seems important. Get names and numbers from witnesses if you can. Write down what you remember while it’s still fresh.
Keep Every Document: Save copies of medical bills, prescriptions, doctor notes, or anything related to the accident. If someone gives you a report number or business card, hang onto that too.
Don’t Talk to Insurance Yet: They’ll likely call soon and ask for a statement. It’s better to wait. You don’t have to explain anything right away, and what you say early on could be used against you.
Call a Lawyer You Trust: Talking to a personal injury lawyer early on helps you avoid mistakes. You don’t have to handle this alone—and the sooner you get legal help, the better protected you’ll be.
Common Mistakes to Avoid After a Personal Injury Accident
What you do after an accident can have a big impact on your case. These are some of the most common missteps we see—and they’re all avoidable:
Waiting too long to see a doctor: Delaying treatment makes it harder to prove your injuries were caused by the accident. Even minor pain should be documented early.
Posting on social media: Innocent posts can be taken out of context. Insurance companies look for ways to minimize claims, and a single photo or comment can be used against you.
Talking to the insurance adjuster without advice: You’re not required to give a statement right away. They may sound helpful, but their job is to limit what they pay.
Not following medical instructions: Skipping appointments or ignoring a treatment plan can raise questions about how serious your injuries really are.
Assuming you don’t need legal help: Even simple cases can go sideways fast. A personal injury attorney can help you avoid these pitfalls and protect your right to full compensation.
Getting legal guidance early keeps things from slipping through the cracks. If you’re unsure what to do next, it’s worth having someone on your side.
What Is Considered Personal Injury in California?
In California, personal injury refers to any physical or emotional harm caused to a person due to the negligence or intentional misconduct of another party. These cases are broad and can encompass a variety of scenarios where individuals suffer harm or damages. From car accidents to defective products, personal injury law in California covers a wide range of situations. Some common examples include:
Car accidents caused by reckless, distracted, or impaired driving, where the driver’s actions lead to injury or property damage.
Slip and fall accidents that occur on unsafe or poorly maintained properties, such as wet floors, uneven surfaces, or faulty handrails.
Medical malpractice, when a healthcare provider’s negligence results in injury, misdiagnosis, or substandard care.
Dog bites or animal attacks, where pet owners may be held liable for their pet’s behavior, especially if the pet had a history of aggression.
Defective products, where manufacturing defects, design flaws, or insufficient warnings lead to injury or harm to consumers.
In California, individuals who have suffered personal injuries may be entitled to compensation for their medical expenses, lost wages, pain, and suffering, as long as they can prove that the responsible party was negligent or acted with intent. Understanding the legal process and the specifics of your situation is key to securing fair compensation.
If you’re curious to learn more about personal injury cases or need guidance on how to proceed with a potential claim, the California Courts’ Self-Help Guide provides useful resources to help you better understand the legal process.
At Arnold Law Firm Accident & Injury Attorneys, our team handles a wide variety of personal injury cases. No matter the nature of your injury, we are here to provide expert representation and fight for your rights.
Car Accidents:From minor fender-benders to serious collisions, our team is skilled in handling all types of car accident cases. We work diligently to secure compensation for medical bills, lost wages, and more.
Motorcycle Accidents: Motorcycle accidents often result in severe and life-changing injuries. Our lawyers are committed to helping injured riders get the compensation they need to recover and move forward.
Truck Accidents:Due to the size and weight of trucks, these accidents can cause catastrophic injuries. Our firm has extensive experience handling complex truck accident claims, including those involving commercial vehicles and trucking companies.
Bicycle Accidents:Bicyclists are vulnerable on the road, and when they’re hit by a car, the injuries can be devastating. Our firm advocates for injured cyclists to ensure they’re treated fairly and receive the compensation they deserve.
Boating Accidents: Boating crashes often happen unexpectedly and can result in serious injuries. We represent victims of recreational and commercial boating accidents, helping them understand their legal rights and pursue justice.
Broken Bones: A broken bone might seem straightforward, but it can lead to serious complications, especially when surgery or physical therapy is required. Our team fights to make sure clients receive compensation for their pain, medical expenses, and recovery time.
Burn Injuries: Burns can be incredibly painful and may lead to permanent scarring, nerve damage, or infections. We help burn injury victims recover the financial support they need to cover treatment, skin grafts, and ongoing care.
Bus Accident: Injuries from bus accidents can be serious, whether you were a passenger, pedestrian, or another driver. We handle claims against city transit, school districts, and private companies to hold the right parties accountable.
Catastrophic Injuries: These are some of the most severe injuries a person can suffer, often involving permanent disability or long-term care. We work closely with victims and their families to pursue compensation that reflects the true impact of these life-changing events.
Rideshare Accidents: Lyft and Uber accidents can leave riders or other drivers dealing with injuries and complex insurance claims. Our firm knows how to navigate rideshare policies to fight for fair compensation.
Drunk Driving Injuries: When someone drives under the influence, they put everyone at risk. If you’ve been injured by a drunk driver, we’ll stand by you and fight for the justice and compensation you deserve.
Dog Bites:Dog bites and attacks can lead to physical, emotional, and financial hardships. If you’ve been injured by a dog, our lawyers can help you seek compensation from the responsible party.
Defective Medical Products: When medical devices fail, the consequences can be devastating. We represent victims of defective medical products, helping them seek justice and compensation for their injuries.
Dangerous Drugs: If a prescription drug has caused you harm, you may be entitled to compensation. Our team handles cases involving dangerous drugs and pharmaceutical negligence.
Food Poisoning: Foodborne illnesses can lead to serious health issues. If you’ve been affected by contaminated food, we can help you recover damages and hold responsible parties accountable.
Premises Liability: Slip and fall accidents, or injuries that occur on unsafe premises, often lead to significant damages. Our attorneys handle all types of premises liability claims, from negligent property maintenance to unsafe conditions.
Slip and Falls: A simple trip or fall can lead to serious injuries, from broken bones to head trauma. We help clients hold property owners accountable when poor maintenance or hazards lead to unsafe conditions.
Electric Scooter Injuries: Scooter crashes can happen fast and leave lasting damage—especially with rental models like Bird or Lime. If you were hurt while riding or hit by one, we’ll help figure out who’s responsible and fight for what you’re owed.
Insurance Bad Faith: When your insurance company refuses to play fair—stalling, lowballing, or denying your claim without good reason—it’s more than frustrating. We help clients push back and go after the full amount they should’ve been paid in the first
Product Safety: Manufacturers have a duty to ensure the safety of their products. If you’ve been injured by a defective or dangerous product, we will advocate for you to ensure you receive the compensation you deserve.
Pedestrian Accidents:Pedestrians are among the most vulnerable people on the road. When a negligent driver fails to yield, speeds through a crosswalk, or is distracted behind the wheel, the consequences can be catastrophic. Our lawyers will help ensure maximum compensation for injured victims.
Traumatic Brain Injuries: Brain injuries can have long-lasting and life-altering effects. Our firm is experienced in handling TBI cases and fighting for maximum compensation for victims of these devastating injuries.
Wrongful Death: Losing a loved one is one of the most difficult experiences anyone can endure. Our compassionate attorneys are here to help families navigate wrongful death claims and seek justice for their loss.
Hit and Run Accidents: If you’ve been hurt by a driver who fled the scene, you’re not alone. We help victims of hit-and-run crashes pursue justice and explore all available options for recovering damages.
Nerve Damage: Damage to nerves can impact movement, sensation, and quality of life. Whether temporary or permanent, we help clients seek recovery for the lasting effects nerve injuries can have on daily living.
Swimming Pool Accident: Drownings and slip-and-falls around pools can cause severe injury or even death. We take these cases seriously and hold negligent pool owners accountable for unsafe conditions.
Spinal Cord Injuries: Damage to the spinal cord can affect mobility and independence. Whether the injury results in partial or total paralysis, we fight for compensation to cover long-term medical care, rehabilitation, and lifestyle adjustments.
Shoulder Injuries: Shoulder injuries can make simple tasks difficult and painful. From torn rotator cuffs to dislocations, we help clients recover damages for the impact on their work, hobbies, and overall well-being.
Whiplash Injuries: Whiplash is a common but serious neck injury, especially after rear-end car accidents. We understand how it can affect daily life and pursue compensation for medical care, lost wages, and discomfort.
Rear-End Collisions: Getting hit from behind can cause more than just a dent—it often leads to neck, back, or head injuries that disrupt your life. We help clients deal with medical bills, insurance headaches, and the stress that comes after a rear-end crash.
Paralysis: When an accident leads to paralysis, it changes everything. We provide strong legal support to clients adjusting to a new way of life, fighting to recover compensation that covers their needs now and in the future.
Seatbelt Failure: Seatbelts are meant to save lives—but when they malfunction, the results can be tragic. We represent clients injured by defective seatbelts in claims against manufacturers or other responsible parties.
At Arnold Law Firm Accident & Injury Attorneys, we’re dedicated to providing personalized legal solutions for every type of personal injury case. If you’ve been injured or lost a loved one due to someone else’s negligence, our Sacramento Personal Injury Law firm is here to support you every step of the way.
What Does A Personal Injury Lawyer Do?
A personal injury lawyer serves as your dedicated advocate throughout the entire legal process, ensuring your rights are protected and working to secure the maximum compensation possible for your injuries. From the initial stages of your claim to final settlement or court decision, a personal injury lawyer manages every aspect of your case with expertise and determination. Here’s how they help:
Gathering Evidence: Your attorney will collect critical evidence, such as medical records, police or accident reports, and witness testimonies. This is essential to building a strong, well-supported case that can stand up in negotiations or court.
Handling the Claims Process: Navigating insurance claims can be complicated. Your lawyer will take the lead in communicating with insurance companies, dealing with adjusters, and negotiating on your behalf to ensure you receive fair compensation for your damages. They will handle all the paperwork and technicalities so you don’t have to.
Filing Lawsuits: If a fair settlement isn’t reached through negotiations, your lawyer is prepared to file a lawsuit and represent you in court. They will advocate for your best interests and present your case effectively in front of a judge or jury.
Pursuing Compensation: Personal injury lawyers fight for both economic damages—such as medical bills and lost wages—and non-economic damages, like pain and suffering, emotional distress, or loss of quality of life.
By hiring a Sacramento personal injury lawyer, you’re securing a powerful advocate who will handle the legal complexities of your case, allowing you to focus on what matters most—your recovery. You deserve experienced representation, and having a skilled Sacramento Personal Injury Attorney on your side can make all the difference in the outcome of your case.
When Should I Hire A Personal Injury Attorney in Sacramento?
While some minor injuries may not require legal assistance, there are many situations in which hiring an attorney can significantly improve your chances of receiving fair compensation. If you’ve suffered any of the following, it’s crucial to seek legal help as soon as possible:
Severe injuries: If your injury requires extensive medical treatment or results in permanent disability, you need an attorney to ensure you are fully compensated for your medical expenses and future care.
Disputed liability: When the other party or their insurance company denies fault, a lawyer can investigate the accident, gather evidence, and prove liability.
Insurance issues: If the insurance company is offering a low settlement or denies your claim, a lawyer can negotiate on your behalf to get a fair outcome.
Complex cases: Cases involving multiple parties (e.g., truck accidents, product liability) require expert legal navigation, making it crucial to have a knowledgeable attorney on your side.
Hiring a personal injury attorney in Sacramento early on can also prevent mistakes that may weaken your case. For example, a Sacramento Personal Injury Attorneys will advise you on the best actions to take immediately following an accident to preserve evidence and avoid saying anything that could be used against you.
What Is The Personal Injury Statute of Limitations in California?
In California, the statute of limitations for filing a personal injury claim is typically two years from the date of the injury. This time frame means that if you do not take legal action within two years, you may forfeit your right to pursue compensation. In cases where the injury is not discovered immediately, the statute allows for an additional one-year period from the date of discovery.
However, different rules apply for certain cases, such as claims against government entities, where the filing deadline is shorter—typically six months. Therefore, it’s essential to act quickly to ensure your rights are protected.
Hiring a knowledgeable Sacramento personal injury lawyer early in the process can help you avoid missing these crucial deadlines. Legal professionals can help gather evidence, communicate with insurance companies, and build a strong case before the statute of limitations expires. To understand the specifics of the statute of limitations for your case, visit theCalifornia Courts’ statute of limitations page.
Who Can Be Held Liable in a Personal Injury Case?
In most personal injury claims, liability depends on who failed to take reasonable care. That can vary depending on the type of accident.
Negligent Individuals and Businesses
In car accident cases, the at-fault driver is usually responsible. For slip and fall injuries, liability might fall on a business owner, property manager, or landlord who didn’t fix or warn about a hazard. If the injury happened at work, a third party—like a contractor or equipment supplier—could also be involved.
Employers and Manufacturers
If an employee causes harm while doing their job, the employer may be held responsible through vicarious liability. In product defect cases, manufacturers and distributors can be held accountable if their product was unsafe or lacked warnings.
Government Entities
If a public sidewalk, road, or building contributed to your injury, a city or state agency might be liable. These cases follow different rules and deadlines.
When More Than One Party Is at Fault
It’s not uncommon for more than one person or company to share responsibility. A personal injury attorney in Sacramento can help figure out who should be held accountable and how fault should be divided based on the facts of your case.
How Much Compensation Can I Receive for a Personal Injury in Sacramento?
Knowing what kinds of damages you can claim is important—but how much you’ll actually receive depends on the details of your case. No two situations are the same, but here are a few key things that usually affect the value of a personal injury claim:
How serious the injury is – More severe injuries often lead to higher compensation, especially if they involve long-term medical care, permanent damage, or a major impact on your daily life.
How long recovery takes – If your recovery is slow or ongoing, that can increase both medical costs and the emotional toll—raising the value of your claim.
How your job is affected – If the injury kept you from working or hurt your ability to earn in the future, those lost wages or opportunities can be factored in.
Whether the other party is clearly at fault – When liability is obvious, it usually makes for a stronger case and can lead to a quicker or more favorable outcome.
Insurance coverage – What you can recover may be limited by the at-fault party’s insurance policy. Even strong cases are sometimes capped by policy limits.
Having a good lawyer – Working with an experienced Sacramento personal injury attorney helps ensure that nothing gets missed and that you’re negotiating from a position of strength—not just taking the insurance company’s first offer.
What Are Damages In a Personal Injury Case?
In a personal injury case, the term “damages” refers to the financial compensation that an injured party may receive from the person or entity legally responsible for causing the harm. The goal of these damages is to restore the injured person, as much as possible, to the position they were in before the accident or incident occurred. This includes covering both tangible and intangible losses that result from the injury.
Damages in personal injury cases are generally divided into three main categories: economic, non-economic, and, in certain cases, punitive damages.
1. Economic Damages
Economic damages are straightforward and cover the financial losses that result from the injury. These are quantifiable costs that can be calculated based on actual evidence such as medical bills, pay stubs, or receipts. The most common types of economic damages include:
Medical Expenses: This includes all costs related to medical care, such as hospital stays, surgeries, doctor visits, medication, physical therapy, rehabilitation, and any future medical treatments that may be necessary due to the injury.
Lost Wages: If your injury has caused you to miss work, you may be entitled to recover compensation for the income you lost during the period you were unable to work. This includes both full and part-time work, and in some cases, compensation for missed bonuses or other earnings opportunities.
Loss of Earning Capacity: If your injuries are so severe that they affect your ability to work in the future, you may be able to recover damages for your diminished earning capacity. This applies to cases where the injury has permanently limited your ability to earn at the same level as before the accident.
Property Damage: If the accident resulted in damage to your personal property, such as your vehicle in a car accident, you may receive compensation for the cost of repairs or the replacement value.
Other Out-of-Pocket Expenses: Injuries often come with additional costs, such as transportation to medical appointments, modifications to your home (for example, installing ramps or wheelchair-accessible showers), and in-home care or assistance. All of these costs can be included under economic damages.
2. Non-Economic Damages
Non-economic damages are meant to compensate for the intangible losses that result from a personal injury. These are more subjective and harder to quantify than economic damages because they relate to the emotional and psychological impact of the injury. Examples of non-economic damages include:
Pain and Suffering: This covers the physical pain and emotional distress that you have experienced as a result of your injury. While it’s difficult to put a dollar amount on suffering, courts use various methods to determine a fair amount based on the severity of the injury and its lasting impact on your life.
Emotional Distress: Emotional trauma, anxiety, depression, and other psychological impacts that arise from the accident and injury are also considered non-economic damages. This includes not only the immediate trauma of the event but also ongoing psychological conditions caused by the injury, such as post-traumatic stress disorder (PTSD).
Loss of Enjoyment of Life: If the injury prevents you from enjoying activities, hobbies, or aspects of life that you previously took part in, you may receive compensation for this loss. For example, if you were an avid runner before an accident but are no longer able to run due to the injury, this loss would be factored into the damages.
Loss of Consortium: This refers to the impact of the injury on personal relationships, particularly the loss of companionship, affection, or support from a spouse or family member. In some cases, the injured person’s spouse or close family member may also be able to pursue a claim for loss of consortium as part of the personal injury case.
How Are Damages Calculated in a Personal Injury Case?
The calculation of damages in a personal injury case can be complex. For economic damages, courts rely on tangible evidence like medical bills, repair costs, and wage records to arrive at a precise number. Non-economic damages, on the other hand, are more subjective. Courts or juries often use a multiplier method, where they take the total amount of economic damages and multiply it by a number (typically between 1.5 and 5) depending on the severity of the injury and its impact on the victim’s life.
For example, if you incurred $50,000 in medical bills and lost wages, and the court determines that your pain and suffering multiplier is 3, you would be awarded $150,000 for pain and suffering, bringing your total compensation to $200,000.
In cases where punitive damages are awarded, they are usually a multiple of the compensatory damages (economic + non-economic), but some jurisdictions place limits or caps on how much can be awarded in punitive damages.
Will My Personal Injury Case Go to Court?
Most personal injury claims settle before trial. In fact, it’s common for cases to resolve through negotiation once all the facts are gathered. That said, some situations do lead to court — usually when the other side denies responsibility or offers far less than what the case is worth.
You might also end up in court if the insurance company refuses to agree on how much compensation is fair, especially in cases with serious or permanent injuries. Disputed facts, conflicting witness accounts, or unclear evidence can also push a case toward trial.
At Arnold Law Firm Accident & Injury Attorneys, we prepare every case as if it could go to court. That way, if it does, we’re ready. And in many cases, being prepared helps us reach a better settlement without ever stepping into a courtroom.
Questions to Ask a Personal Injury Lawyer
Before you hire a lawyer, it helps to ask a few direct questions so you understand what kind of help you’re getting. Most people aren’t familiar with the legal system, and a good personal injury attorney will take the time to explain how things work and what to expect. Here are some simple but important questions to ask during your first meeting.
Have You Handled Cases Like Mine Before? Ask whether the attorney has experience with your type of injury case—whether that’s a car accident, fall, or something else. Experience can make a difference in how your case is handled and what kind of result you can expect.
How Do You Get Paid? At Arnold Law Firm Accident & Injury Attorneys, we work on a contingency fee basis. That means you don’t pay us unless we win your case. Still, you should ask every lawyer to explain all potential costs clearly before you agree to anything.
How Often Will I Hear From You? Clear communication is key. Ask how often you’ll get updates, who will handle your case day-to-day, and how you’ll be able to reach them if you have questions.
What Results Have You Gotten in Similar Cases? While no two cases are the same, prior results can show a lawyer’s track record.
Can I Still File a Claim If I’m Partially at Fault?
Yes, you can still file a personal injury claim in California even if you were partly responsible. California follows what’s called a pure comparative negligence rule. That means your compensation will be reduced by the percentage of fault assigned to you—but you’re not barred from recovering damages.
For example, if your case is worth $100,000 but you’re found to be 20% at fault, you could still recover $80,000. This rule applies in many types of cases, including car accidents, slip and falls, and other personal injury claims where more than one person may have made a mistake.
Insurance companies often try to shift more blame onto the injured person to reduce what they have to pay. A lawyer can step in and make sure fault is fairly assessed. If your share of the blame is being exaggerated, an attorney will gather evidence, bring in experts if needed, and push back to protect the full value of your claim.
How Long Does a Personal Injury Lawsuit Take?
Some personal injury cases move quickly. Others take time. It depends on the facts of the case, how long your medical recovery takes, and how willing the insurance company is to negotiate.
Early Steps: Investigation and Claim Building: The process starts with gathering records, witness statements, and other evidence. Your personal injury attorney in Sacramento reviews what happened and figures out who’s legally responsible.
Settlement Negotiations: Before filing a lawsuit, your lawyer usually tries to resolve things through negotiation. Sometimes that works. If not, the case moves to court.
Litigation and Trial: Once a lawsuit is filed, it enters a longer timeline. Both sides exchange evidence, take depositions, and may attend mediation. If no settlement is reached, the case goes to trial.
What to Expect: Some claims settle within six months. Others can last a year or more. No two are the same. Your attorney handles the legal side while you focus on your recovery. They’ll keep things moving and make sure deadlines are met, without rushing a case before it’s ready.
Why Is It Important to Work with a Personal Injury Lawyer?
Working with a knowledgeable personal injury attorney is crucial in ensuring that you receive the maximum compensation you are entitled to. Lawyers can gather the necessary evidence, calculate both economic and non-economic damages accurately, and fight for additional punitive damages when applicable. They will also navigate the complexities of dealing with insurance companies, negotiate settlements, and represent you in court if necessary.
By hiring a skilled Sacramento Personal Injury Lawyer, you increase your chances of recovering not only the immediate costs associated with your injury but also compensation for the long-term effects it may have on your life and well-being.
Why Choose Arnold Law Firm Accident & Injury Attorneys As Your Personal Injury Attorneys?
If you or a loved one has suffered due to an accident or personal injury, it’s crucial to get the legal support you need to protect your rights. At our Sacramento law firm, we offer free consultations to help you understand your options and determine the best course of action. Our experienced Personal Injury Attorneys in Sacramento are dedicated to fighting for the compensation you deserve, whether it’s for medical expenses, lost wages, or pain and suffering.
Don’t wait—time is of the essence in personal injury cases. Contact us today to schedule your free consultation and begin your path toward justice. We’ll review the details of your case, provide expert legal advice, and discuss how we can help you achieve the best possible outcome. Let us handle the legal complexities while you focus on recovery!
We do not charge an upfront free, we offer FREE case reviews and only get paid when we obtain a recovery or settlement for your case.
California law provides a specific statutory remedy for victims injured by impaired commercial vehicle drivers when their employers fail to meet federal safety requirements. Understanding when treble damages apply—and how they differ from standard punitive damages—is crucial for truck accident victims seeking maximum compensation. What Are Treble Damages? Treble damages allow injured parties to recover three times their actual damages under specific legal circumstances. In California trucking cases, this remedy is narrowly defined and differs significantly from general punitive damages available in other personal injury cases. California Civil Code § 3333.7: Statutory Treble Damages Requirements for Recovery Under California Civil Code § 3333.7, injured parties may recover treble damages from a commercial motor vehicle driver’s employer when all of the
California law establishes different standards of care for trucking operations depending on the type of service provided. While most commercial trucking companies transporting freight are subject to ordinary negligence standards, federal motor carrier safety regulations impose enhanced duties that can significantly affect liability in truck accident cases. Key Takeaways: Commercial carriers of goods generally DO NOT have the duty of “utmost care” Federal Motor Carrier Safety Regulations (FMCSRs) DO create heightened standards in specific situations Large truck drivers must exercise greater caution than ordinary motorists Licensed motor carriers have nondelegable safety duties Common Carrier Standard: When Does “Utmost Care” Apply? The Enhanced Duty for Passenger Transportation California Civil Code section 2100 requires carriers of persons for reward to use “the
What Are Punitive Damages? Punitive damages are extra money a court can order a wrongdoer to pay, on top of the money that compensates an injured person for medical bills, lost wages, and pain and suffering. The main goal of punitive damages is not to repay the victim, but to punish especially bad behavior and to discourage similar conduct in the future. Think of punitive damages as a financial penalty for conduct that is much worse than ordinary carelessness. In California, punitive damages are not common. They are reserved for cases where the defendant’s conduct is particularly harmful, intentional, or shows a conscious disregard for the safety or rights of others. Most personal injury cases involve simple negligence (for example,
Settlement - $3,900,000
Car Accident
The fatal collision between plaintiff’s Jeep Liberty and defendant’s Volvo truck left Ryan Eisenbrandt’s surviving wife and parents with a judgment of $3.9 million, but the defendant’s insurance company refused to pay. This resulted in a second, intense legal battle between Plaintiffs and Defendant’s insurance company.
During the pendency of the wrongful death case, Defendant’s insurance company had filed a federal court action to rescind the defendants $1,000,000 insurance policy, claiming that defendant had made misrepresentations when applying for that policy. Initially, the federal court agreed with the insurance company, granting summary judgment that effectively denied recovery to the Eisenbrandts given the defendant was otherwise insolvent. The Arnold firm and the Eisenbrandts refused to accept this unfair outcome. They appealed the federal judge’s ruling to the Ninth Circuit Court of Appeals. The Ninth Circuit reversed the lower court and sent the case back to the same federal judge for a trial on the merits.
Christine Doyle of the Arnold Firm tried the case in February 2011 in front of the same judge who had previously thrown out the Eisenbrandt’s case. A unanimous advisory jury and the trial judge, after hearing the true facts about the insurance company’s effort to avoid responsibility, found in the Eisenbrandts favor. After four years of fighting for what is right, the insurance company was ordered to pay up.
Settlement - $8,000,000
Truck Accident
Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm
Late one spring afternoon, the Arnold Law Firm received a call from Angela, a young mother of three. She was calling from the hospital where her husband Christopher had been air-lifted for treatment of severe injuries from a tragic motor vehicle accident earlier that day. Angela’s mother, a past client of our firm, had encouraged her to give us a call.
As it turns out, Angela’s prompt contact with us was a very important decision for their family. Immediate representation allowed our team to secure critical evidence right away — appropriate storage and analysis of the vehicle to avoid tampering, timely professional photography of the scene, and interviews of involved parties — which ended up being imperative to the details of Christopher’s case.
A commercial vehicle had failed to stop at a rural stop-sign intersection, colliding with the compact sedan driven by Christopher, an active 33-year-old father. The impact caused extensive damage to his spinal cord in the cervical area. Despite multiple surgeries, rehabilitation programs for physical and psychological therapy, and in-home care, his injuries rendered him a paraplegic, paralyzed from the mid-chest. In an instant, life as he had known it was gone forever.
At the time of the accident, the at-fault driver of the commercial vehicle was acting within the scope of his employment with a large corporation. With the employer being directly liable, as such, defense counsel fought hard to minimize Christopher’s damages, claiming that his being unemployed at that time devalued his losses. Our legal team made sure Christopher’s true losses were represented, including his potential income, his options and mobility, his ability to provide for and support his family, and the lifetime of care he now needed. Christopher’s injuries also dramatically affected his spouse’s daily life, resulting in a claim on her behalf.
Furthermore, the extent of Christopher’s injuries were, in part, due to defects involving the dual-restraint system in his own vehicle. Despite the manufacturer’s efforts to deny any responsibility, the Arnold Law Firm established negligence relevant to his case.
The result was a settlement of $8 million — the largest pre-trial settlement for this type of case in the region. Christopher now has the resources to receive the ongoing care he now requires, improve the quality of his life and take care of his young family.
Verdict - $10,200,000
Motorcycle Accident
The Arnold Law Firm is pleased to report that our attorneys received a $10.2 million verdict handed down in Modesto. Defense counsel was Kevin Cholakian of San Francisco. The defense rejected a 998 within the $1 million policy limits three years ago. The highest defense offer was $350k.
The case involved a blind corner dirt fire road collision between a truck driven by the defendant and a motorcycle driven by the plaintiff Dan Nixon. THe plaintiff had no recollection of the collision. The defendant claimed that the plaintiff had too much speed for the corner and lost control. The plaintiff’s son (who identified the wrong curve in discovery) claimed that the defendant was on the wrong side of the curve, causing his dad to make an unsuccessful emergency maneuver. The jury assessed 70% fault to the defendant and 30% to plaintiff.
The plaintiff, now 50-years-old, suffered a dislocated right knee with popliteal artery rupture which has left him with an unstable knee, and permanently damaged lower leg. Because of vascular damage he is not a candidate for knee reconstruction or replacement. The plaintiff’s treating doctors testified that he will require an above knee amputation within 20 years. Past lost wages were $78,000 and past medicals were $570,000. The jury awarded $7.5 million in general damages (3 m. past and 4.5 m. future) as well as all future economic damages asked for by the plaintiff. The jury deliberated for 3 and a half hours.
Settlement - $17,000,000
Data Breach
Infinity/Kemper Class Action Data Breach Settlement Attained by the Arnold Law Firm
The Arnold Law Firm, along with co-counsel at Morgan & Morgan, and Mason, Lietz, & Klinger, and Wolf, Haldenstein, Adler, Freeman, & Herz LLP, reached a settlement in the Kemper and Infinity data breach class action lawsuit, also known as Irma Carrera et al. v. Kemper Corporation and Infinity Insurance Company, filed in the United States District Court Northern District of Illinois, Case No. 1:20-cv-01883. The settlement is valued at over $17 million.
The Honorable Judge Martha M. Pacold granted Preliminary Approval of the settlement on October 27, 2021.
In addition to substantial injunctive relief, the class members will receive access to Aura’s Financial Shield Services for a period of 18 months, up to $10,000 for reimbursement of documented out-of-pocket losses reasonably traceable to the Data Breach, up to 3 hours of time spent remedying issues related to the breach at $18 per hour, and $50 for Class Members who are California residents.
History of the data breach: On April 8, 2021, the Arnold Law Firm and Wolf, Haldenstein, Adler, Freeman, & Herz LLP filed the first class action complaint against Kemper and Infinity in the United States District Court for the Northern District of Illinois entitled Irma Carrera Aguallo et al. v. Kemper Corporation and Infinity Insurance Company, Case No. 1:21-cv-01883. The complaint asserted claims against Defendants for: (1) negligence; (2) negligence per se, (3) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices, (4) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices, (5) violation of the California Consumer Privacy Act (“CCPA”), Cal. Civ. Code § 1798.100, et seq., (6) violation of California’s Consumers Legal Remedies Act, Cal. Civ. Code § 1750, et seq., (7) violation of Florida’s Deceptive and Unfair Trade Practices Act, Florida Statute § 501.201, et seq., (8) breach of implied contract, (9) declaratory judgment, and (10) unjust enrichment arising from the data breach.
Settlement - $18,276,000
Qui Tam / Whistleblower
Whistleblowers Represented by Arnold Law Firm Expose Fraudulent Practices by the Pill Club, Case Settled With California DOJ
The Arnold Law Firm and the Hirst Law Group represented two whistleblowers who helped expose fraudulent practices by a start-up online pharmacy company called The Pill Club.
The company allegedly used fraudulent practices to bill California’s Medicaid program, Medi-Cal, for their services. The Pill Club is also alleged to have violated state laws by allowing nurse practitioners to prescribe contraceptive products to women without proper supervision or training from a licensed medical doctor.
For their part in blowing the whistle on the company they worked for, and as part of California Qui Tam laws, the whistleblowers and their attorneys recovered $4.9 million from the $18.275 million settlement paid to the California Department of Justice (DOJ) and the California Department of Insurance (CDI).
Settlement - $60,000,000
Data Breach
Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm
The Arnold Law Firm, along with co-counsel at Morgan & Morgan, Nussbaum Law Group, P.C. and others, reached a settlement in the Morgan Stanley data breach class action lawsuit, also known as In re Morgan Stanley Data Security Litigation, filed in the United States District Court Southern District of New York, Case No. 1:20-cv-05914-AT. The settlement resulted in a $60 million settlement fund to benefit class members.
The Motion for Preliminary Approval was filed on December 31, 2021 with the Honorable Judge Analisa Torres.
In addition to substantial injunctive relief, the 15 million class members will be provided access to Aura’s Financial Shield services for at least two years, which includes a $1 million insurance policy protecting each subscriber, credit monitoring, identity freezing, dark web monitoring, income tax protection and more services. The fund will also provide payments to people who submit valid claims for out-of-pocket expenses and/or up to four hours of lost-time incurred as a result of the data breach. Lost time allows victims of the data breach to be paid at $25 per hour for up to four hours of attested time spent dealing with the data breach. Out-of-pocket expenses can be claimed up to $10,000 if the costs or expenditures are fairly traceable to the data breach.
History of the data breach: On July 29, 2020, the Arnold Law Firm and Morgan & Morgan filed the first class action lawsuit against Morgan Stanley in the United States District Court for the Southern District of New York entitled Sylvia Tillman et al. v. Morgan Stanley Smith Barney, LLC., Case No. 1:20-cv-05914. The complaint asserted claims against Defendants for: (1) negligence; (2) invasion of privacy; (3) negligence per se; (4) unjust enrichment; (5) violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices; and (6) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices.
