Senior Partner Selected 2015 Southern California Super Lawyer

california super lawyer 2015 250Jon Mitchell “Mitch” Jackson named 2015 California Super Lawyer

Super Lawyers is an independent rating service that rates lawyers in your community in more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Super Lawyers Magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country.

“When it comes to law, there’s nothing Lisa and I enjoy doing more than helping people who have been harmed by the wrongdoing of others and holding people and companies accountable for their negligent or intentional wrongful conduct. I’m honored to be included with all the outstanding lawyers on this year’s list”

–Mitch Jackson

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Mitch has been named a Southern California Super Lawyer in 9 out of the past 10 years

2015 Southern California Super Lawyers
2014 Southern California Super Lawyers
2013 Southern California Super Lawyers
2012 Southern California Super Lawyers
2011 Southern California Super Lawyers
2010 Southern California Super Lawyers
2009 Southern California Super Lawyers
2008 Southern California Super Lawyers
2006 Southern California Super Lawyers

Click here to see other partner awards and recognitions

Evaluating a Wrongful Death Case with an Orange County Wrongful Death Attorney

Orange County Wrongful Death AttorneyOrange County Wrongful Death Cases are Challenging. Here’s What You Need to Know!

If you have lost a loved one in an Orange County accident, you and other surviving family members may be entitled to damages. Wrongful death actions can be extremely difficult and emotionally draining. As a result, you will want to work with an experienced Orange County wrongful death lawyer to help evaluate your claim and review your options.

How to Prove Liability in a Wrongful Death Claim

California wrongful death law requires you to show several elements to prove fault in an Orange County wrongful death action. Even if there is a direct link between an accident and death, there is no guarantee that you can collect damages. Some elements that you may need to prove include:

  • Duty. The defendant must owe a duty to the Orange County victim such as the duty to keep the victim safe or away from danger. In other words, you will need to prove a relationship between the defendant and the victim
  • Breach of Duty. The defendant must have breached his or her duty to keep the victim safe such as by acting carelessly or unreasonably given the circumstances
  • Causation. The act by the defendant needs to have led to the Orange County accident
  • Death. This may sound obvious, but you will need to show that someone died in a California wrongful death action. This is what separates an Orange County wrongful death from other types of negligence actions
  • Relationship to Victim. You typically need to show that you are an immediate relative of the Orange County wrongful death victim to collect damages.

Collecting Damages With an Orange County Wrongful Death Lawyer

Your wrongful death lawyer can help you evaluate your claim and determine if you are eligible for damages. Some types of damages that you may be able to collect include:

  • Medical Costs. You may be able to collect the costs of medical bills and hospital expenses relating to the Orange County wrongful death case. In addition, you may collect for the costs of any drugs and other medication
  • Loss of Support. If you or other family members relied upon the deceased financially, you may be entitled to recover for the loss of financial support because of the Orange County wrongful death
  • Punitive Damages. In extreme cases where the defendant acted egregiously or recklessly, you may be entitled to collect punitive damages. These damages are meant to punish the victim and can be significant.

More details about California and Orange County wrongful death cases (links, articles and videos) can be found at our popular blog post entitled, “Wrongful Death Lawyers in Orange County” 

Contact an Orange County Wrongful Death Attorney

If you have a question about a wrongful death claim, please feel free to contact an Orange County wrongful death attorney at Jackson & Wilson by clicking here or calling 800.661.7044 for an evaluation of your claim.

Backup Cameras in Cars

Backup cameras in cars and child safetyLately, there’s been a great deal of concern over children being left in their hot vehicles. We wrote about children and heat-related car deaths here and shared several good safety tips to avoid this from happening.

Another very big problem involving children and vehicles that we’re not hearing too much about is the tragedy of young children being run over by vehicles backing up down the street or from their driveway. Truly unthinkable nightmares for everyone involved and in most cases, accidents that probably could have been avoided.

NHTSA estimates that, on average, 292 fatalities and 18,000 injuries occur each year as a result of back-over crashes. The agency said that children and the elderly are the most common victims. Children are killed in about 44% of such fatal accidents. A third of the fatalities are people over 70. Over the years, we’ve handled a number of these cases. All could have been avoided had everyone involved paid more attention to what was going on.

Because of our experiences in these matters, we think it is a good idea that the federal government require all automobile manufactures install backup cameras in all new vehicles. Owners of older vehicles might want to purchase an after market backup camera to improve safety.

Good backup cameras and related devices are designed to keep drivers from running over pedestrians (including unsuspecting young children) who might be playing or crossing behind a vehicle. The systems typically come with a bell or alarms that alerts the driver if something is located close by within the field of view of the camera.

“There is no more tragic accident than for a parent or caregiver to back out of a garage or driveway and kill or injure an undetected child playing behind the vehicle,” said Transportation Secretary Ray LaHood. A good back up camera will help drivers see into those blind zones directly behind vehicles to make sure it is safe to back up.

Safety tipBefore backing up your vehicle, walk around the back of it to make sure someone isn’t walking, sitting or playing in the area.  Then, after getting in the vehicle, check all mirrors and your backup camera before putting the vehicle in to reverse.  Begin very slowly and proceed with caution.  Quick and sudden movements should be avoided. Honking your horn will also alert everyone behind you that you will be backing up.

Orange County Dog Bites and Dog Attacks- Have You Been Bitten By a Vicious Dog?

Dog bite attorney in Orange County CaliforniaMost people are not aware of the fact that each year across Orange County and the United States, close to 5,000,000 people are bitten or attacked by dogs. Of these dog bite victims, about 340,000 require emergency treatment and result in more than 1,000 dog bite hospital emergency room visits each day. Tragically, about 20 of these dog attacks result in loss of human life.

[Legal Update- One of our cases involving a dog harmed by a neighbor made new California law. Click here to read…]

Most dog bite victims are children who are bitten or attacked in their face and hands. Because you never know what the disposition of a dog is, it’s usually best to first talk to a dog owner before ever approaching and petting a dog. Children should be taught to approach dogs slowly and to allow the dog to get comfortable with him or her before trying to pet the animal.

When you really think about all of the unknowns, it’s probably best to avoid strange dogs altogether. The fact of the matter is that because we’ve handled so many disfiguring and life changing dog bite cases over the years, we think it’s smart to simply avoid putting yourself or child in a location or position that might result in a dog bite or attack. Dogs are animals and you just never know what they are going to do.

Dangerous and Vicious Dogs

According to Orange County Animal Care (OCAC), a dog can be determined to be dangerous or vicious if it behaves in any of the follow three ways:

First, if unprovoked, it engages in any behavior that requires a person to take defensive action to avoid bodily injury. The behavior must happen on two separate occasions with the prior 36-month period and it doesn’t matter if the behavior happens on or off the dog owner’s property.

Second, if the dog bites a person while unprovoked and causes an injury less severe than a “severe injury”.

Third, if the dog, when unprovoked, kills or seriously injures a domestic animal, horse or livestock.

Under California law, a “vicious” dog means

(1) any dog used and seized as a “fighting animal” under Penal Code 599a;

(2) Any dog, which unprovoked and in an aggressive manner, causes severe injury or death to a human being. Again, it doesn’t matter if the behavior happens on or off the owner’s property;

(3) Any dog previously determined to be a potentially dangerous dog that continues to act as a potentially dangerous dog. If certain restrictions were previously placed on a potentially dangerous dog and those restrictions are violated by the owner, then the dog can be determined to be a dangerous and vicious dog.

 

Keep in mind that there are certain common sense exceptions to the above guidelines and rules. For example, if someone is trespassing on to your property or breaking in to your house and your dog attacks, then your dog would not be deemed to have acted as a dangerous or vicious dog.

dog bite lawyer in orange county ca

In most California dog bite cases, a victim does not need to show that the dog owner was negligent or careless. In fact, pursuant to California Civil Code §3342, the owner of a dog is “strictly liable” for all dog bite related injuries and harm. Other California codes and court cases expand liability to include being knocked down by a dog while standing, walking or even riding a bike.

 

Over the years, we’ve represented dog bite victims who have been bitten in their faces, hands, chest and ankles. We helped clients who have lost fingers, parts of their hand, toes and even an ear to dog attacks.  The above is a trial exhibit of a 15 month old boy who was bitten in the face by a neighbor’s dog.  After being attached, his mother reached down to pull the dog off of her son.  The dog turned, grabbed the mother by the throat, and also took her to the ground.

We were able to successfully help these clients and to this day, still stay in touch.  We’d like to think that we’ve done a good job for our dog bite clients. Hopefully, their testimonials and posted case results speak for themselves.

When handling serious dog bite cases, there’s a right and wrong way to right the wrong, fix the harm, and maximize the results. Call us and we’ll be happy to take the time to explain the difference. We’ve been helping Orange County dog bite victims since 1986 and chances are, we can help you too.

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Orange County lawyer Youtube videosVideo- Dog bites client’s finger off!

Video- Dog Bite Cases- Trial exhibits and maximizing your settlement or verdict

Video- Dog Bite Cases- Our message to dog owners

Click here to watch more dog bite related videos on our Youtube Channel

April is Injury Prevention Month

Injury and Death in the United StatesSerious injury and death affect all of us. Many people are not aware that each year in the United States, injuries (intentional and unintentional) account for more than half of all deaths among persons ages 1–44 years of age.

Here are several other related statistics:

  • There are more than 180,000 deaths from injury each year—1 person every 3 minutes
  • Injury is the leading cause of death for people ages 1–44 in the U.S.
  • An estimated 2.8 million people are hospitalized with injury each year
  • An estimated 31.7 million people are treated in Emergency Department for injury each year
  • Violence and injuries cost more than $406 billion in medical care and lost productivity each year
  • 4.1 million people suffer a workplace injury each year
  • 185 people (in the US) die each day from workplace injuries
  • Workplace Costs for Unintentional Injuries/Deaths: $164.7 billion
  • Injury related lost quality of life costs an additional $3,080.1 billion
  • Total injury days lost: 80,000,000

Other resources

California personal injury cases (rights and damages)
California wrongful death cases (rights and damages)