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Dog Bite Injuries

June 12, 2018

Children are often victims

An attorney with nearly 30 years of experience whose practice represents individuals who have been injured by dog bites, says that the estimate of four million dog bite injuries per year is a conservative number. In a recent interview, he told us, “It could be closer to four and half million. They’re very common. Children are the ones that suffer the most injuries and, actually, children under the age of 10 are the most susceptible. That’s probably because at these tender ages, they haven’t learned to be afraid of dogs yet and they’re running up to the dogs, grabbing them by the ears, grabbing them by the tail and they’re the ones that end up being bitten most often.”

More injuries occur in summer

The attorney said the number of dog bite attacks all across the country has gone up and up over the past five years and we’re into the time of year where you have more dog bites nationwide, and that’s summertime. He explained that the reason for that is due to longer daylight hours where you have dog owners walking more. “Normally, they would just walk their dogs in the morning. However, starting around May, they’re walking their dogs in the morning as well as when they come back from work and taking them to dog parks or fenced in areas where they can be off leash.”

Consequently, the number of dog bites increases – but don’t assume that your insurance will cover your injuries.

Insurance companies finding ways to limit coverage

The ways in which insurance companies handle dog bite claims has been changing over the years and more insurers are finding ways to limit coverage. he explained:

Homeowners insurance or renters insurance may cover a victim’s damages if the dog owner has insurance. However, the trend by insurance companies is to exclude coverage in certain types of cases. For example, if the homeowner’s or renter’s dog had a previous bite, what you’ll find is that the insurance carriers are going to exclude that dog on the policy.

You have certain breeds of dogs that insurance companies are more and more frequently excluding and those breeds are Pit Bulls, Rottweilers, Chows, Akitas and, more and more – German Shepherds. These are dogs that have been determined to be aggressive breeds and the insurance company is trying to figure out ways to not pay the victims, so they’re tacking on exclusions.

State Trooper Killed in Car Accident

June 1, 2018

A state trooper was killed in a car accident Wednesday afternoon.

The fatal accident happened just before 3 Wednesday afternoon.

The 31-year-old trooper collided head-on with a tractor trailer and was pronounced dead at the scene.

The Trooper was a 6 ½ year veteran of the State Police.

LA Weight Loss Wrongful Death Suit Settled

May 12, 2018

A wrongful death lawsuit against L.A. Weight Loss Centers Inc. has settled for $700,000.

According to a March 3 order approving the settlement, L.A. Weight Loss will make payment to the two children of a woman who allegedly suffered fatal liver failure after using supplements recommended to her by the staff of a center.

The woman’s sister sued on behalf of the estate and on behalf of the deceased’s minor daughter.

Of the $700,000, about $311,000 will go to attorneys for fees and costs.

The remaining funds will be split between two children, totaling out to about $194,484.41.

The suit had been set for trial earlier this month.

According to the suit, after the woman sought help losing weight, she was given and used supplements that were not tested or regulated by the U.S. Food and Drug Administration.

She later developed symptoms of liver disease and sought treatment at a Medical Center.

She was transferred to a Hospital  where she was diagnosed with liver failure caused by the supplements.

She was placed on the liver transplant list.

She died of liver failure before getting a donor liver.

The suit sought damages of at least $50,000 per count and costs.
The County Circuit Judge  approved the settlement last week.

Wrongful Foreclosure Scandal, Shoddy Loan Practices Could Create Legal Mess for Big Banks

Banks are facing a potential legal storm over the way they handled loan origination and mortgage servicing. According to various media reports, the recent revelations regarding wrongful foreclosures could precipitate a wave of lawsuits by embattled homeowners, as well as investors in mortgage-backed securities who have been burned by the shoddy way banks originated and serviced home loans.

Earlier this month, GMAC Mortgage, JP Morgan Chase, Bank of America and PNC Bank suspended various aspects of the foreclosure process after discovering irregularities in the preparation of court documents. Just this past week, Wells Fargo admitted to finding mistakes in thousands of foreclosure documents, but did not move to suspend home seizures.

The banks’ actions came after it was learned that some mortgage servicers employed people who could sign foreclosure affidavits so quickly they popularized a new term for them: “robo-signer.” In depositions taken by lawyers for embattled homeowners, some robo-signers said they or their team had signed 10,000 or more foreclosure affidavits a month. Those affidavits say the preparer personally reviewed the files, but in their depositions, the workers acknowledge they had no time to actually do that. In some cases, the affidavits weren’t properly notarized.

While some banks have chosen to restart foreclosures, asserting that their reviews found no major errors, the mess is far from cleaned up. Earlier this week, Bank of America admitted that identified errors in 10 to 25 of the first several hundred foreclosure cases it has reviewed. The bank is working on resubmitting documents in 102,000 cases. The errors found so far were discovered in 1 percent of the first foreclosure files that Bank of America intends to resubmit to the courts in 23 states where foreclosures require a court order.

The banks’ disclosures have prompted multiple investigations, including one by attorneys general in all 50 states. Those investigations could uncover criminal misconduct or large-scale errors that force foreclosures to be put on hold for an extended period of time. That will encourage thousands of people whose homes have been seized or are facing foreclosure to mount legal action against the banks.

But such lawsuits aren’t the only banks’ only legal worry. Large investors in mortgage backed securities could also join the fray, filing lawsuits to try to force banks to buy back securities that they say were the result of the lenders’ shoddy loan origination practices. According to a report in The Christian Science Monitor, Bank of America is already under pressure from institutional investors such as BlackRock and Pacific Investment Management Co., known as Pimco, to buy back troubled loans because of improper servicing. The case could end up in court, and Bank of America could owe billions of dollars if the investors win.

According to a Reuters report, momentum is building among investors to pursue those types of actions. On Wednesday, for example, securities lawyers met with more than 50 large mortgage bond investors to try to persuade them to fight banks.

There are concerns in some quarters that banks will try to pass along the costs of cleaning up the wrongful foreclosure mess to bondholders. To prevent that, investors could sue banks and mortgage-servicing firms for problems such as robo-signing or questionable affidavits used in foreclosure proceedings.

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