MLO Attorneys at Law - Personal Injury

Are You Suffering From RSD? (Sometimes Called CPRS)

NickM — Wed, 08 Feb 2012 18:23:50 +0000

RSD – Reflex Sympathetic Dystrophy Syndrome.

Accident Victims suffering from Complex Regional Pain Syndrome known as CRPS or RSD now have a fighting chance. If you have been suffering from RSD after the event of an accident, the Mastrangelo Law Offices can help you get the money for the care and rehabilitation that you need.

Some of the most common questions I get about RSD:
What is RSD?
The National Institute of Neurological Disorders and strokes describes RSD as, “Complex regional pain syndrome (CRPS) is a chronic pain condition that is believed to be the result of dysfunction in the central or peripheral nervous systems. Typical features include dramatic changes in the color and temperature of the skin over the affected limb or body part, accompanied by intense burning pain, skin sensitivity, sweating, and swelling. CRPS I is frequently triggered by tissue injury; the term describes all patients with the above symptoms but with no underlying nerve injury. Patients with CRPS II experience the same symptoms but their cases are clearly associated with a nerve injury.”

My accident was months ago, could RSD or CPRS be why I still have pain?

During your accident you may have suffered injury to a nerve without knowing it. This can lead to complex regional pain syndrome or CRPS. This is also sometimes called reflex sympathetic dystrophy or RSD.
You are injured in an accident nerve damage is not properly diagnosed and treated you may find several months later you’re still in pain due to CRPS. There are two basic types of CRPS.

CRPS Type I (also referred to as RSD) – are cases in which the nerve injury cannot be immediately identified.

CRPS type II (also referred to as causalgia) – are cases in which think “major nerve” injury has occurred.

Just because you’ve seen a doctor, doesn’t always mean you’re healed. If you’ve been in an accident and the insurance is not paying for your treatment, you might want to get an attorney to help you get the right care.

How do I know if I I have RSD?

Symptoms of RSD or CRPS include:
Severe Burning Pain
Tissue Swelling
Sensitivity to Touch
Changes Pathologically to the Bone
Changes in color and temperature of the skin at the affected area.
Skin Sensitivity

The most important aspects of RSD or CRPS therapy include preventing the disease from progressing or getting worse, minimizing pain, restoring normal function of the affected limb and improving your quality of life.

Since there is no “cure” many insurance companies will try to ignore the problem and hope you go away. There is good treatment for RSD and an attorney from the Mastrangelo Law Offices might just be the person you need to fight for your rights.

But their Insurance already sent me money, can I still hire an attorney?

In most cases YES. Call us and we can let you know. There is never a charge for the call.

Their Insurance already sent me money, why do I need an attorney?

Having an attorney on your side will help protect your rights to make sure you get the money you deserve. Their attorney is only going to give you enough the damage you can see. Many times accident cause an injury which extends way beyond the surface. You need an attorney to work with you and make sure that you are compensated properly for the extent of your injuries and get the care that you need. Even for those injuries that you can’t see.

If you have been injured and are suffering from RSD or CPRS and would like a free consultation to find out how an attorney can help you get the care you need, call me today at 925-258-0500

Should The Jackson’s Sue Dr. Murray?

NickM — Thu, 08 Dec 2011 00:39:44 +0000

Criminal Courts Find Dr. Murray Guilty – Sentence to Four Years

On November 7th, 2011 Dr. Conrad Murray was found guilty in a criminal court of involuntary manslaughter in the case of Michael Jacksons Death. Many people are wondering if that is enough. In law there are two types of cases, criminal and civil. Some cases have the potential to involve both. The death of Michael Jackson just might be one of those cases.

Dr. Murray was “blasted” by the judge according to MSNBC and yet he only got four years.

If your family member died because a doctor was careless and acting in his best interest, instead of your family member’s best interest would you feel that four years was enough?

Many people might not. This is where civil law can go to work for the family.

The OJ Simpson case is another example where the criminal system fell short and the civil system was able to fill in the gaps. You might recall that OJ Simpson was found not guilty by the criminal courts so he didn’t spend any time in jail. The family of his deceased wife used the civil court to sue OJ Simpson and bring justice to the situation.

The children of Michael Jackson may choose to go the same route. If they feel that the four year sentence given to Dr. Murray isn’t enough, the children might be able to make a civil case for additional damages caused by Dr. Murray as a result of Michael Jacksons death. Whether they take Dr. Murray to court to try and recover some of those damages is yet to be seen.

KTLA news reported that the Jackson family is planning to sue Dr. Murray among others.

Keep in mind that a Doctor is someone that you and your family trust to help you when you are injured, treat you when you are sick and help guide you to decisions that will lead to better health. In any case, they are supposed to live under the rule of “do no harm.”

Most doctors work very hard to do the right thing and help their patients. On rare occasions, doctors make mistakes, and even more infrequently, doctors lose site of what they are supposed to be doing. After all doctors are human too. The legal system is built to protect you from those mistakes.

So how do you know if you have a medical malpractice case?

There are several factors relating to the health care of you or your family member that are considered when an attorney looks at a medical malpractice lawsuit. In the case of Dr. Murray, much of the information was made very public due to the criminal trial. Proving medical malpractice in a civil trial can be quite difficult.

One of the key things to consider is whether you are injured and the extent of the injury. In the case of Michael Jackson, the situation has moved from simple “medical malpractice” to “wrongful death”.

In both situations, medical malpractice and wrongful death, it is important to determine what the doctor did wrong. It is important for an attorney to understand exactly how your injury could have been prevented by the doctor or in a wrongful death case, what the doctor should have done to prevent the death.

When should you consider a Medical Malpractice or Wrongful Death Lawsuit?

Anytime that you have sustained a permanent injury as a result of a medical procedure you might have a case. The financial burdens due to the injury can continue to mount if you don’t seek legal counsel and guidance to help. All Attorneys who work on medical malpractice lawsuits will offer a free consultation. Simply put if you don’t have a case, you don’t have to pay to be told that you don’t.

Wrongful death might not have the appearance of a hardship on a family but it too can become a significant burden. Whether it is an injury or a wrongful death, the loss of income, emotional pain and distress can wreak havoc on a household. The civil court system has legal channels to help you overcome the stress and begin to move forward with your life.

If you or someone in your family has been injured or you think they died wrongfully, you should get a free consultation from an attorney with experience in medical malpractice and wrongful death lawsuits. The insurance companies and doctors all have lawyers on their side to help them, shouldn’t you? If you you or someone in your family has been injured or you think their death was wrongful, speak to an experienced attorney at the Mastrangelo Law Offices today.

Should I Hire A Lawyer?

NickM — Wed, 19 Oct 2011 19:17:40 +0000

I recently received a telephone call from a woman who was driving her 14 year old daughter home from school when they were rearended at high speed. The crash caused her car to go off the road and into a retaining wall. The woman’s new car was a total loss. The woman and her daughter were both injured and were taken to the hospital by ambulance. Everyone knows that an ambulance ride isn’t free. It was a hit and run.

At first, it would appear lucky that the man responsible for the crash returned to the scene 30 minutes later and provided his insurance information to the police. In an accident like this, things can change quickly and getting medical attention should be first and foremost.

The next day, an insurance adjuster for the man who caused the crash called the woman and said he wanted to meet with her so he could take care of her damages. She figured it was an open and shut case and she agreed to the meeting.

She had never been in an accident before and trusted that the insurance company would make things right, just like they do in their television ads. The adjuster came to her house and told her that she would have to go through her own insurance for the damage to her car as the man that hit her did not have enough coverage to pay off the loan. He handed her two checks totaling $2,500 and told her that the checks were a “courtesy” to her and her daughter. He asked her to sign some papers to acknowledge receipt of the checks.

I asked the woman to bring in copies of the paperwork she signed. It turns out the paperwork was really a Release of All Claims for both the woman and her daughter. The Release also covered the damage to the car. The woman released a $25,000 property damage claim and approximately $30,000 worth of bodily injury claims for $2,500. The woman and her daughter were still receiving treatment for their injuries. This isn’t the only trick adjusters use, check this story out on MSN about the Secrets of car insurance adjusters.

It is important to understand that insurance companies are in the business of making money. They train their claims handlers on ways to save money on claims as that results in increased profits. They process thousands of claims per year, so even a small savings per claim adds up to millions of dollars in profits. The insurance companies are motivated to settle your claim for as little as possible and as soon as possible. They are not interested in making sure that you are fairly compensated for your loss or that your medical bills get paid.

Insurance company claims people are usually very experienced and well trained while you likely have little or no experience with insurance claims. The claims examiners know that your car is wrecked, they know that you have mounting medical bills and that you are missing time from work. They have all the leverage. You shouldn’t have to worry about them cutting your claim to increase their profits.

If you or a family member have been injured in an auto accident or other incident that was not your fault you should contact an attorney experienced in personal injury cases as soon as possible and change the level of experience on your side of the table. An experienced attorney can help you through the process and make sure that the insurance company fairly compensates you for your damages as a result of the accident.

The attorneys at the Mastrangelo Law Offices have been assisting people in matters involving serious personal injury and wrongful death for more than 30 years. If you have been in an accident, call us for a free consultation and don’t sign anything that an insurance company gives you until you understand what it is.

Negligent Ambulance Company Settles Wrongful Death Case

NickM — Thu, 11 Aug 2011 20:14:35 +0000

A wrongful death case filed by the Mastrangelo Law Offices in Contra Costa County Superior Court against a local private ambulance company recently settled for $812,000. The plaintiffs in the case were the adult son and daughter of a 56 year old woman who was killed when the driver of an ambulance that was transporting her from a nursing home to a routine medical appointment crashed into a tree on a residential street in Palo Alto, CA. The decedent had been residing in a nursing home while recovering from back surgery.

The driver of the ambulance was a 19 year old EMT who had been certified for less than 6 months. He was driving with a portable GPS unit on his lap when he failed to negotiate a curve in the road and struck a tree. Discovery in the case revealed that the decedent was not properly strapped to the gurney during transport and was ejected off of the gurney during the impact. She struck her head and suffered a fatal head injury.

Plaintiffs’ wrongful death claims were primarily for non-economic damages such as loss of care, comfort and society as the decedent was disabled and did not provide financial support to plaintiffs. Defendants claimed that they qualified as health care providers and that plaintiffs’ claims for non-economic damages were limited to $250,000 pursuant to MICRA which is a statute that caps damages in negligence claims brought against health care providers. The Mastrangelo Law Offices included a cause of action for Elder Abuse in their complaint and the court denied defendants’ Motion for Summary Judgment of the Elder Abuse claim. Defendant’s filed a Writ with the Court of Appeals which was denied. The Trial Court issued an advisory ruling that the court would likely apply the MICRA damage cap to the case if the jury did not find that the defendants’ conduct met the elements of the Elder Abuse statute. The case was settled at mediation three weeks before trial.

Nicholas Mastrangelo, Edward Mastrangelo and the entire staff at the Mastrangelo Law Offices is proud to have been able to represent and assist this wonderful and close family through a very difficult time and process. The Mastrangelo Law Offices has represented people and families in the Bay Area in personal injury and wrongful death cases for more than 27 years and can be reached at (925) 258-0500 or at www.mastrangelolawoffices.com.

Welcome The Mastrangelo Law Offices

admin — Thu, 11 Aug 2011 16:00:26 +0000

Thank you for visiting our blog. Please come back and let us know what you think. The attorney’s will talk about the cases that they have finished up and why you need an attorney if you have been in an accident. California’s bay area lawyers here for you, the Mastrangelo Law Offices.

Insurance Problems

admin — Tue, 21 Jun 2011 17:47:38 +0000

One of the difficulties in dealing with insurance companies that the Mastrangelo Law Offices specializes in is Reflex Sympathetic Dystrophy or RSD. RSD is also sometimes called Chronic Pain Reflex Syndrome or CPRS. If you’re suffering from the effects of RSD, chances are you’re enduring an unreasonable amount of pain every day. If that’s true, you need to do whatever you can to make sure that your medical issues are managed as carefully as possible, as no one can properly function while in pain. Even if you have been paid by the insurance company you may still need more care.

However, an aspect of suffering from RSD that’s too-often overlooked is handling your legal issues. You may be overwhelmed with the management of your condition and may not want to deal with handling legal issues as well, but that’s why you need to contact an attorney who might be able to help. An experienced RSD attorney is literally a walking RSD legal guide, and he or she will be able to handle the bulk of your legal issues for you, removing that burden from your shoulders so you can get the medical help you need.

Who is responsible for my RSD?

RSD is extremely difficult to locate, and by logical result it’s also difficult to decipher who or what caused it. Many times after a major accident you may still have some level of RSD appear. The RSD may from the accident itself, injuries suffered in the accident or even from surgery meant to correct the damage from the accident.

In this situation, your doctor or medical staff could possibly be responsible for either failing to recognize the issue or not preventing it from occurring or getting worse. This is a question your attorney can help you find the answer too, and he or she will be able to do so only after a proper investigation.

What happens if my doctor is at fault for my RSD?

If your RSD is found to be the result of faulty medical care, your attorney at the Mastrangelo Law Offices will go to work for you. Our attorney’s are skilled in the art of dealing with medical providers and enormous insurance companies in order to get you a fair result. RSD has no known cure, so once you get it, you may have it for life.

How long do I have to decide whether or not to pursue a claim?

Since every case is different, only after a free consultation with an attorney will the attorney be able to give you a specific answer in this regard. Generally speaking, the time limits are not very long. Every state legal system has statutes of limitation in place, and these statutes in effect place a time limit on your ability to pursue a claim, even if it’s proper in every other respect. The bottom line is that you should not wait if you are suffering from RSD or CPRS, you need to contact an attorney today. It will cost you nothing, and you have nothing to lose except for a rightful recovery. The Mastrangelo Law Offices have been helping people from all over the East Bay Area for over 30 years. Call for a free consultation today – 925.258.0500

Wrongful Death Accidents

admin — Tue, 21 Jun 2011 17:45:35 +0000

On December 22, 2006 decedent Freddy Jones had pulled over his minivan on eastbound I-580 near the Altamont Pass to deal with a mechanical problem. Also in the van with Mr. Jones were his daughter Jamie, age 7, and Freddie Junior, age 4. The children were riding in the backseat of the van. Mr. Jones was following a Toyota Camry driven by his common-law wife, Carmen Smith, which was also pulled over. Carmen’s mother and sister were also in the Camry.

Mr. Jones exited the van and was walking on the shoulder towards the Camry when a box truck driven by defendant Richard Gonzales, Jr. veered into the right shoulder and collided with Mr. Jones, the minivan and the Camry. Mr. Jones sustained massive injuries and died the following morning.

Nicholas Mastrangelo, Edward Mastrangelo and Rick Seltzer handled this case in Alameda County in front of Judge John True. There were a total of seven plaintiffs: Freddie Junior and Jamie Jones had claims for the wrongful death of their father and Dillon v. Legg claims. Mr. Jones mother and his 14-year-old son who reside in El Salvador had claims for wrongful death. Mr. Jones, his wife, her mother, and the common-law wife’s sister sustained minor physical injury due to the force of the impact. Although they were unable to bring wrongful death or Dylan v. Legg claims, they were allowed to seek recovery for negligent infliction of emotional distress. (Long v. PKF Inc., 12 Cal app 4th 1293).

Defendant driver Richard Gonzales Jr. was in the course and scope of his employment with a temp agency, defendant Snelling Employment LLC at the time of the collision and was driving the box truck for defendant Pflug Packaging. Mr. González Junior was on parole for possession and sale of methamphetamine and had a suspended license at the time of the collision. Snelling knew about the drug conviction. They provided Mr. Gonzales Junior as a truck driver without checking his driver’s license status and without doing any background check. Plaintiffs allege that defendant González Junior was under the influence of meth at the time of the collision. Despite knowledge of Gonzales Junior’s criminal history, and witness accounts of his bizarre driving, the CHP did not order a drug test. Through discovery, plaintiffs learned that defendant Snelling ordered a drug test 11 days post-collision which was positive for meth.

The case was settled for $8,000,000.00 just two weeks before trial.

Motorcycle Accidents

admin — Tue, 21 Jun 2011 17:43:03 +0000

Bay Area Motorcycle Accident Attorney

At the Mastrangelo Law Offices, we handle all kinds of motor vehicle accident and injury cases. Regardless of the nature of your accident or the extent of your damages and injury, Our attorneys will provide you with the honest answers and reliable legal guidance you need.

30 years of experience offering personal service and aggressive representation for seriously injured car accident victims throughout California is experience that can help you. We step in to ensure and protect your legal rights when there is a serious car accident injury, such as:

Neck injury including whiplash and other soft tissue damage as well as more serious injuries like fractured cervical vertebrae (broken neck).

Back injury from strain or sprain to ruptured or herniated discs, fractured thoracic or lumbar vertebrae (broken back) or subluxation injuries.

Spinal cord injury resulting in partial paralysis, paraplegia, quadriplegia or nerve damage and chronic pain.

Traumatic brain injury resulting in temporary or permanent brain damage, concussion, amnesia, coma or even death.

Injury to the arm or leg, including broken bones, damaged knees, dislocated or torn shoulder and partial or total amputation.

Burns, scars and disfigurement requiring plastic or reconstructive surgery and impacting long-term enjoyment of life.

Loss of vision due to eye injury.

Motorcycle Accident Insurance Claims

Personal injuries resulting from motorcycle, or auto accidents can cause a great deal of physical, emotional, and financial damage. Car, motorcycle, and auto accidents are often caused by someone else’s negligence. Laws exist in order to protect those injured in such accidents. To help preserve your rights, obtain assistance from knowledgeable Bay Area car, motorcycle, and auto accident attorneys. The legal team at the Mastrangelo Law Offices will do their best to ensure cases are properly evaluated and handled.

The Attorneys at the Mastrangelo Law Offices understand and know that all personal injuries are serious. Our Personal Injury Firm handles every case with the attention it deserves. We never charge any fees or costs unless we recover money for you. That means that until you approve your settlement we cannot charge you any money to represent you.

Neck pain and back pain can seriously affect your life and happiness. While you may not experience pain and suffering from these injuries right after your car accident the pain and suffering from your accident may manifest two or three days after your accident some people may not feel their first symptoms for a week or more after their car accident, truck accident, or motorcycle accident.

Whether we are dealing with a serious debilitating spinal cord injury or a traumatic brain injury or a fractured arm the personal injury lawyers at our offices give every case the attention it deserves. Remember if you are injured through no fault of your own call us right away at 925-258-0500.

Car insurance companies and car insurance adjusters are not your friends. We fight the car insurance companies every day. We know that the automobile insurance companies do not want to give you the full money value that your case deserves. If you are in any type of accident call us we will protect your rights.

What to do after a Car, Motorcycle, or Auto Accident

The moments immediately after a car, motorcycle, or auto accident require clear, rational thinking to protect yourself and your personal property. There are a number of steps you can take to increase your chances of financial recovery and the amount of that recovery in your auto accident case. Our Experienced California car, motorcycle, and auto accident attorneys suggest the following steps:

Insist that a report for car or motorcycle accidents be filed with the Miami or Florida State Police.
Document as much as you can about the car, motorcycle, or auto accident or injury itself. Our Miami, Florida car, motorcycle, and auto accident attorneys will need to know every detail about your injuries, any other losses (such as wages) you have suffered as a result of the accident, and any conversation you had with anyone involved in the accident.
Talk to no one about the car, motorcycle, or auto accident or injuries other than your attorney or physician. You especially do not want to speak with an insurance adjuster. Our attorneys will be happy to assist you.
Be sure to take photos of the car, motorcycle, or auto accident scene, including any visible injuries and the vehicles involved.
Get the contact information of anyone who witnessed the accident who may be able to help prove your case.
Immediately seek medical attention following a car, motorcycle, or auto accident. Be sure to explain how the injuries occurred to your doctor or surgeon. Mention any sensations of disorientation, confusion, memory lapses, or other conditions you have sustained.

If you have been injured, and would like to discuss your legal remedies, call us at 925-258-0500 for a FREE consultation. Evening and weekend appointments are available for your convenience.

Disclaimer: The information on this website is designed solely for general purposes. The information on this page and associated pages are not intended to be legal advice, nor does it create an attorney client relationship. Consult with an attorney before making any legal decision as your individual circumstances may vary.

Auto Accident Attorney

admin — Tue, 21 Jun 2011 17:40:38 +0000

Bay Area Auto Accident Attorney

Herniated Disc & Disc Bulge

Herniated disc injuries are sometimes known as a “slipped disc”. This very serious injury is also known in the medical community as ruptured disc and bulging disc injuries. These serious and life threatening spine injuries are quite common in auto accidents, such as a car crash, truck crash, crash due to tire tread separation and even vehicle rollover accidents. Due to the g-forces involved in a high speed or low speed crash, the human spinal column will sometimes come out of place and result in a ruptured disc. The spinal disc is a shock absorber between the bones of the spine. The bones of the spine are called vertebrae. Spinal discs also act as ligaments that hold the vertebrae of the spine together. A normal disc has a tough outer portion and a soft inner core which allows the spine some mobility and absorbs a limited amount of shock.

Many people who get in a car crash are immediately filled with adrenaline. Adrenaline may cause a feeling of euphoria that covers up serious injuries. This is a natural human response that makes us able to fight, or flee from a dangerous situation. But many confuse this response and assume they aren’t really injured. But later, after the adrenaline wears off, many auto accident victims, for example, will notice severe pain in their backs, feet, legs, or hands for example. Trying to pretend everything is o.k., will often exacerbate the spinal cord injury and make things much worse. This is how insurance companies justify not paying on many valid claims. This is why you need to immediately seek medical attention after a motor vehicle collision.

Neck injury including whiplash and other soft tissue damage as well as more serious injuries like fractured cervical vertebrae (broken neck).

Back injury from strain or sprain to ruptured or herniated discs, fractured thoracic or lumbar vertebrae (broken back) or subluxation injuries.

Spinal cord injury resulting in partial paralysis, paraplegia, quadriplegia or nerve damage and chronic pain.

Traumatic brain injury resulting in temporary or permanent brain damage, concussion, amnesia, coma or even death.

Injury to the arm or leg, including broken bones, damaged knees, dislocated or torn shoulder and partial or total amputation.

Burns, scars and disfigurement requiring plastic or reconstructive surgery and impacting long-term enjoyment of life.

Loss of vision due to eye injury.

Auto Accident Insurance Claims

Keep in mind that the insurance company for the other side is not your friend. The insurance adjusters will almost always try to get you to make recorded statements or sign paperwork that can limit your ability to receive the full and fair compensation for your damages and injury. It is very common for an insurance company to put their financial interests in front of yours and try to get a quick, cheap settlement.

If you want to preserve your rights, it is of vital importance that you do not discuss the facts of your case or sign any documents until and unless you have talked to an experienced personal injury attorney. The Mastrangelo Law Offices will step in, step up, and will fight to protect you from the insurance companies.

We understand the physical pain and suffering an accident victim has to endure. We understand the emotional pain, agony and strain on families as a result of such accidents. Our personal injury attorneys at the Mastrangelo Law Offices take a serious approach to the total financial impact of the injury, including lost of earning (both present and future earning capacity), pain and suffering, mental anguish, medical bills, property damage and other out of pocket expenses, and will fight vigorously for you to obtain the compensation you deserve.

If you have been injured, and would like to discuss your legal remedies, call us at 925-258-0500 for a FREE consultation. Evening and weekend appointments are available for your convenience.

Accident and Personal Injury Legal Experts

admin — Thu, 02 Jun 2011 20:37:37 +0000

Accident and Personal Injury Legal Experts for over 30 years, the Mastrangelo Law Offices are ready to join your team and be on your side. If you are injured in an Auto Accident, Work Accident, or have any other problem with insurance companies why not level the playing field. They have Attorneys, why shouldn’t you? Serving Northern California with main office located in Orinda, CA the Attorneys at The Mastrangelo Law Offices are ready to serve you. Don’t get sidelined because of an accident or injury, get an Attorney.
What is personal injury?

Personal injury refers to an injury that has been inflicted on a person through the negligence of another. It could be an injury to a person’s body, mental health, and/or emotions. Slips and trips accidents, workplace accidents, medical negligence and vehicular accidents are the most common forms of personal injury. Personal injury claims are also common in construction as people who work in this industry have a higher than average risk of getting involved in accidents. In the Bay Area, personal injury lawyer services are hired by those who have been injured or are suffering from injuries. read more »