LONG BEACH POST | Jury awards $21.3 million verdict to Long Beach woman rear-ended by truck

LONG BEACH POST | Jury awards $21.3 million verdict to Long Beach woman rear-ended by truck

by | Feb 18, 2025 | Uncategorized

Staff and Wire Reports | Long Beach Post | February 12, 2025

 

A Long Beach woman has won $21.3 million in a negligence lawsuit alleging she was left with a traumatic brain injury and chronic pain when her van was hit from behind by a big-rig truck in the California Heights neighborhood.

In her lawsuit, Leila Miyamoto, 43, said she had been fully stopped for at least a minute, waiting to make a left turn near Wardlow Road and Elm Avenue, when an 18-wheeler slammed into her minivan from behind. The 2016 wreck left her needing “numerous neck and back surgeries,” according to her attorneys.

After the crash, she and her 9-year-old son — who was in the van with her — filed a negligence lawsuit against Services Group of America, Inc., Food Services of America, Inc., driver Daniel Almazan, and Systems Services of America, Inc.

Defense attorneys maintained that Miyamoto made a sudden stop and did not use a turn signal, but on Monday, jurors found in her and her son’s favor. The panel concluded that Almazan acted negligently when his truck hit the van.

“The loaded truck weighing 37,000 pounds smashed into the rear of Leila Miyamoto’s van, totaling it and shattering the rear window,” her attorneys wrote in court filings.

The crash caused her head to hit the steering wheel and left her son fearing that his mother was dead, her attorneys wrote.

Miyamoto still has no recollection of the day of the collision or the days immediately before and after the crash, according to her lawyers.

Her attorneys described Miyamoto as a pillar of her family before the collision, organizing her family’s activities and home-schooling her children.

“Her injuries and limitations since the time of the collision have put significant strain on her marital relationship and have hindered her ability to care for her children in the way she did before the crash and her quest to get the medical care that she needs in order to restore as much of her pre-collision functionality as possible has been long and arduous,” they wrote in court papers.

One of Miyamoto’s attorneys, Nick Rowley, said the defense rejected a settlement offer of $6.9 million about seven years ago. They contended that Miyamoto had overstated the extent of her injuries.

“The jury saw through their attempts to distort the truth and delivered a powerful verdict for Leila, who has endured years of pain and hardship,” Rowley said in a statement.

City News Service, Long Beach Post editor Jeremiah Dobruck, and staff writer Jacob Sisneros contributed to this report.

 

Ankeny, Iowa Personal Injury Attorney

Ankeny, Iowa Personal Injury Attorney

by | Jan 21, 2021 | Uncategorized

[vc_row][vc_column][vc_column_text]Located in Polk County, Ankeny is considered to be one of the most affluent cities in the state of Iowa. That’s not the only thing that this city is known for around the country. Ankeny was named one of the Top 10 Cities for Families by Family Circle, one of the Top 100 Places to Live by Money magazine, and was designated as a Playful City by the KaBoom! Foundation.

The population in Ankeny is booming. In fact, it was the third fastest-growing city in the U.S. in 2015. This could be partly due to the many recreational opportunities within the city, including the High Trestle Trail, which stretches across 25 miles and is used by over 3,000 people every week. Residents also love the outdoor festivals in Ankeny, such as the DMACC Kite Festival, Art in the Park, and Ankeny Unplugged, which is an outdoor music festival.

There are many ways for residents to have fun in Ankeny, but there are also plenty of ways that they can injure themselves. Many Ankeny residents are injured by careless drivers, property owners, employers, and medical professionals. A simple trip to the doctor’s office or drive to work could quickly turn tragic and result in serious injuries. The injuries sustained in these accidents could prevent you from being able to work or enjoy many of the activities that you used to love. But, you don’t have to face life after an accident alone.

The Trial Lawyers for Justice are dedicated to helping victims who have been injured because of another person’s negligence. Our team of attorneys will aggressively fight to help you recover the compensation that you deserve for your medical expenses, pain and suffering, lost wages, and more. To schedule a free consultation regarding your case, contact us today by calling 888-811-0844 or emailing info@tl4j.com.[/vc_column_text][vc_empty_space height=”11px”][/vc_column][/vc_row]

Des Moines Wrongful Death Attorney

by | Jan 21, 2021 | Uncategorized

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Anytime a person is injured due to someone else’s negligence, the injured victim is able to file a personal injury claim to recover compensation for their injuries and pain and suffering. However, when a person loses their life due to the negligence of another person, surviving family members also have the option of filing a wrongful death lawsuit against the responsible parties. At Trial Lawyers for Justice, we are here to help if you need a Des Moines wrongful death attorney. Let our law firm work to secure the compensation you deserve. Contact us online or call us today for a free consultation.

Choose Trial Lawyers for Justice to help you through this

At Trial Lawyers for Justice, we have extensive experience helping families with their Des Moines wrongful death claims.

  • We understand how important Des Moines wrongful death cases are, and it is our job to work with families to ensure they receive enough compensation for what has happened.
  • We have won hundreds of millions of dollars in compensation for our clients, including a $40 million verdict for the wrongful death of a 33-year-old son.
  • We take all Des Moines wrongful death cases on a contingency fee basis, which means there are no legal fees until we secure compensation on your behalf.

What will an attorney do to help?

Filing and winning a wrongful death lawsuit in Des Moines can be incredibly complicated. However, a skilled wrongful death lawyer will have the resources necessary to thoroughly investigate the case. They will obtain all evidence necessary to prove liability.

Importantly, your Des Moines wrongful death lawyer will work with financial and economic experts to properly calculate total losses and future expected losses. Using this information, they will negotiate with all parties involved to recover maximum compensation good.

Understanding Des Moines wrongful death claims

In Iowa, a “wrongful death” occurs anytime that death is caused by negligent or wrongful actions of another person, company, or entity. Wrongful death claims in Des Moines, Iowa may be brought by:

  • The administrator of the deceased person’s estate
  • The surviving spouse and minor children of the deceased
  • The adult children of a deceased parent
  • The parents of a minor or adult child who is deceased

At Trial Lawyers for Justice, our wrongful death lawyers regularly help family members who have lost loved ones as a result of the following incidents:

Wrongful death claims in Iowa must be filed within two years from the date of a person’s death. Any claims not filed within this two-year statute of limitations will result in family members being unable to recover compensation for their losses.

A discovery rule, however, may extend your deadline. If you do not discover the cause of your loved one’s death until later, the clock will not start ticking until the date of discovery. Discuss your exact deadline with our lawyers as soon as possible.

It is important to point out that a civil wrongful death claim can be filed regardless of whether or not the alleged negligent party is facing criminal charges and whether they are found guilty or not guilty.

Who Is Liable?

Liability is something you or your wrongful death lawyer will need to determine and prove before you may obtain compensation in Iowa. If your loved one died in an auto accident, for example, you will need to establish the fault of another party before collecting damages. Depending on the circumstances of the fatal accident, you may be able to name many different parties as the defendant in your wrongful death case.

  • A criminal
  • An employer
  • A drunk or reckless driver
  • A dram shop
  • A product manufacturer
  • A property owner
  • A hospital or doctor
  • A nursing home
  • The City of Des Moines
  • The State of Iowa

Establishing fault for wrongful death generally requires enough proof of the defendant’s duty of care to your loved one, breach of this duty of care, and causation for his or her death to convince a jury that these elements are more likely to be true than not true. Your family will have the duty to prove the defendant did not act with reasonable care and that this is why the fatal accident occurred. A wrongful death lawyer from Trial Lawyers for Justice can help with this burden of proof.

Some cases involve shared liability between multiple parties. Iowa’s joint and several liability law states that if a defendant bears more than 50% of fault for an injury or death, he or she will be independently responsible for paying 100% of the victim’s economic damages. A defendant will not be jointly and severally liable for noneconomic damages, however. At Trial Lawyers for Justice, we can help you determine liability to hold the correct defendant(s) accountable.

How will you be compensated?

If you have lost a loved one due to the careless or negligent actions of another person, company, or entity, there may be various types of compensation available for your case. At Trial Lawyers for Justice, our compassionate and experienced team has extensive experience helping family members recover the following:

  • Funeral and burial expenses
  • Loss of future income and benefits of the deceased
  • Cost of any pre-death medical expenses
  • Pain and suffering damages
  • Loss of companionship damages
  • Loss of consortium damages
  • Possible punitive damages against a grossly negligent party

The value of your Iowa wrongful death claim will depend on several factors. Some of the most relevant include the cost of your loved one’s related medical expenses, his or her income level, and how old the victim was at the time of passing. Our attorneys can evaluate your case to provide an accurate estimate of its worth. Then, we will do what we can to recover the amount we believe your family deserves for the fatal accident.

How to Build a Case After the Death of a Loved One

It can be difficult to detect the signs of wrongful death if you are not a lawyer with experience investigating and handling these claims. Look for signs of negligence, wrongdoing, intent to harm or carelessness in connection with the fatal accident. If the answers you receive to questions about the accident seem unclear or unusual, contact an attorney about possible wrongdoing. We can investigate further to let you know if we believe someone is responsible for causing the death.

Once you suspect wrongful death, gather as much information as you can about the fatal accident. Obtain copies of related police reports, accident reports, official photographs, video footage, workers’ compensation claims, medical records, insurance reports, and funeral and burial bills. Your lawyer will want as much documentation as you can collect to start building a claim. Contact a lawyer right away to make sure you meet Iowa’s deadline to file. Your lawyer can take things over from there.

Contact Us Today

Trial Lawyers for Justice is a dedicated team of attorneys who care about families in Des Moines. We have built a reputation as a top law firm for personal injury, wrongful death and medical malpractice cases. We provide compassionate, committed legal services tailored to each client’s unique needs. Find out how we can help you after a tragic fatal accident involving your loved one.

If you need a Des Moines wrongful death attorney, you can contact us for a free consultation of your case by clicking here or calling 866-854-5529.

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Des Moines Uber and Lyft Accident Attorney

Des Moines Uber and Lyft Accident Attorney

by | Jan 21, 2021 | Uncategorized

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Although Uber, Lyft and other rideshare companies have dominated the public transportation landscape, they are still figuring out passenger safety and appropriate company protocols — and unfortunately, riders have acted as guinea pigs in real time. Thousands of Uber and Lyft riders have suffered injuries from traffic accidents due to negligent rideshare drivers. Some victims have passed away. Others are still dealing with emotional trauma from rideshare driver sexual assault.

If you or a loved one has injuries from any type of Uber or Lyft accident in Des Moines, Iowa, discuss matters with an attorney from Trial Lawyers for Justice. Our rideshare accident attorneys may be able to help you hold Uber or Lyft accountable. You could recover compensation for your damages. Contact us today for a free initial consultation. Call (866) TL4J-LAW to reach our attorneys directly, 24/7.

Why Hire Trial Lawyers for Justice?

  • Our lawyers live up to our law firm’s name – we are passionate about fighting for justice and fair compensation on behalf of injured accident victims in Iowa.
  • Our attorneys can and will take defendants to trial if that is necessary for top results. We have recovered over $1.5 billionfor clients throughout our law firm’s history.
  • Our Des Moines Uber and Lyft accident attorneys accept clients on a contingency fee basis. We do not charge anything for services rendered unless we recover compensation for the client.

Common Causes of Uber and Lyft Accidents in Des Moines

In a no-fault state, an injured accident victim does not have to demonstrate fault to obtain compensation.

In a fault state, the victim has the burden of establishing negligence. Iowa is a fault state. Although this means you may have to prove someone else’s negligence before you can recover benefits, it also means a better chance of a higher recovery amount. Trial Lawyers for Justice can help you determine and prove fault in your Uber or Lyft accident case.

  • Distracted Uber or Lyft driver
  • Drunk or drugged driver
  • Drowsy driver
  • Speeding
  • Tailgating or aggressive driving
  • Unsafe lane changes or merges
  • Poor vehicle maintenance and upkeep
  • Sexual assault by a rideshare driver

Rideshare drivers do not receive any special training before receiving permission to pick up passengers. Unlike taxi companies, rideshare companies use independent contractors, not employees, and have lax driver hiring and training protocols. This can lead to dangerous drivers who are responsible for the safety of rideshare passengers. If a negligent or reckless Uber or Lyft driver caused your accident, the driver and/or company may owe you compensation.

What Might a Rideshare Company Owe You?

Both Uber and Lyft have insurance policies that provide $1 million in liability coverage to passengers injured in traffic accidents. If the rideshare driver negligently caused your accident, the company might be responsible for covering your damages. A successful Uber or Lyft accident claim in Des Moines could repay you for several losses.

  • Medical expenses
  • Lost wages
  • Property damage or losses
  • Pain and suffering
  • Attorney’s fees

The value of your Uber or Lyft accident claim will depend on factors such as the seriousness of your injuries and your prognosis for recovery, as well as your age and income. At Trial Lawyers for Justice, we can review your case for free to give you an accurate idea of how much it could be worth.

Injured in an Uber or Lyft Accident in Des Moines, IA? We Can Help

Uber or Lyft might not treat your case fairly, but a personal injury lawyer will. Our attorneys can protect your rights as a rider. Representation by Trial Lawyers for Justice will show an insurance company you mean business. Our lawyers can demand full compensation for your past and future losses from the rideshare company or another defendant while you focus on healing. Discuss the potential value of your accident claim in Des Moines today. Call (866) 854-5529 or send us a brief description of your case online for a callback.

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Des Moines Truck Accident Attorney

by | Jan 21, 2021 | Uncategorized

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While every accident has the potential to cause serious injuries, collisions with semi-trucks or any other large commercial vehicle can result in catastrophic damages and injuries. At Trial Lawyers for Justice, we have extensive experience helping accident victims who have been harmed in trucking accidents. Our Des Moines truck accident attorneys will thoroughly investigate every clients’ case and work to secure compensation for their injuries and pain and suffering.

Why choose Trial Lawyers for Justice for your case?

After sustaining a serious truck accident injury, you need a team by your side with vast experience handling these cases. Trial Lawyers for Justice is ready to help.

  • We understand how important Des Moines truck accident cases are, and if our clients are not offered a settlement they deserve, we will not hesitate to take the case to trial.
  • We have won hundreds of millions of dollars in compensation for our clients, including an $18.6 million verdict on behalf of a child who was run over by a garbage truck and lost his leg.
  • We take all Des Moines truck accident cases on a contingency fee basis, which means that our clients pay no legal fees for their case until after we secure the compensation they deserve.

What will an attorney do to help?

Truck accident cases in Des Moines can become incredibly complex, particularly when working to prove liability. Trucking companies and their insurance carriers are usually well-funded and ready to deny liability.

A skilled Des Moines truck accident attorney will be able to obtain all evidence necessary to prove fault in these cases and communicate with the insurance company. This includes gathering video and photo surveillance, truck “black box” data, statements from eyewitnesses, truck and commercial vehicles company records, and more.

An attorney will ensure that their client is evaluated by a trusted medical professional who can help fully assess their total losses. Importantly, a truck accident lawyer will be responsible for handling all negotiations to obtain a full settlement for a client’s losses.

What Causes Truck Accidents in Des Moines?

Our attorneys have years of experience investigating and resolving truck accident claims throughout Iowa. We know what it takes to acquire evidence and prove liability. We also recognize the most common causes of truck accidents and how they affect claims. Human error, above all, is the main cause of commercial vehicle accidents. When negligence or carelessness leads to a truck accident, victims may have claims to damages.

  • Truck company negligence. A trucking company has a strong influence on the safety of its trucks,commercial vehicles, tractor trailers and drivers. It is responsible for proper driver hiring and training, as well as regular fleet maintenance. If a trucking company violates any federal laws or otherwise breaches a duty of care to others, it could be liable for a resultant truck accident.
  • Truck driver error. Truck drivers have many responsibilities behind the wheels of big rigs. They must pay attention to the road at all times and not let distractions such as cellphones interfere with their driving. Drunk, distracted, negligent, fatigued, reckless and speeding truck drivers can cause catastrophic highway accidents.
  • Mechanical failures. It takes many parts all working smoothly together for an 18-wheeler to operate safely and correctly. Hydraulic brake systems, tires, lights, fluids and the engine are all parts of the truck the driver and trucking company should inspect regularly. A part malfunction in transit could lead to an accident.
  • Part defects. Another common cause of commercial truck accidents is product defects. Auto part makers can make mistakes during the design, manufacturing or marketing processes that lead to defective and unsafe products. A defective tire, for example, could blowout and cause an 18-wheeler to overturn. These accidents could be the fault of the manufacturer and could get fatal causing even a wrongful death.
  • Dangerous roads. Finally, a dangerous or defective roadway could unnecessarily increase the risk of a large truck accident. Potholes, downed powerlines, unsafe construction zones, hidden signs, missing guardrails, uneven lanes and other road defects could cause a truck driver to lose control of his or her rig. A subsequent collision could be the liability of the city or state.
  • A truck accident victim must determine the cause of the crash before filing a claim to damages in Iowa. Like most states, Iowa uses a tort-based insurance system. The person or company the most at fault for causing the traffic accident will be legally responsible for paying everyone else’s damages. The truck accident lawyers at Trial Lawyers for Justice can help you identify the party at fault for your truck accident as your attorneys. Then, we can help you bring a claim to damages with insurance companies.

Truck accidents often cause severe injuries

According to data available from the Federal Motor Carrier Safety Administration (FMCSA), more than 4,136 people died, and approximately 148,000 people were injured in large truck crashes during the latest reporting year across the country. Most of these truck accident victims were occupants in other cars and passenger vehicles.

Common truck accident injuries include bone fractures, lacerations, permanent scarring and disfigurement, disabilities, spinal cord injuries, brain injuries, paralysis, and internal injuries.

Unfortunately, the fault for these accidents often falls onto truck drivers and trucking companies. At Trial Lawyers for Justice, our truck accident lawyers regularly help truck accident victims have been injured due to:

  • Truck driver fatigue
  • Truck driver impairment alcohol or drugs
  • Truck driver distraction

Trucking companies are required to follow FMCSA regulations as well. This includes ensuring that drivers of commercial trucks are properly trained and that they follow all hours of service (HOS) requirements. Trucking companies must also regularly inspect and maintain each vehicle to ensure that they are safe for the roadway.

Who Is Liable?

Liability is something you will need to determine and prove as the plaintiff of a Des Moines truck accident claim. The burden of proof during a truck accident case – and all personal injury cases – rests with the plaintiff, or injured party. Your truck accident lawyer from Trial Lawyers for Justice may be able to help you meet your burden of proof and establish someone else’s fault for your truck accident. Establishing fault and obtaining fair compensation generally requires four main elements of proof.

  • Duty of care owed.
  • Breach duty of care.
  • Causation for the accident.
  • Damages suffered.

Trucking companies will be liable for most Des Moines truck accidents. A company could be liable for its own breach of duty of care. It could also absorb vicarious liability for the negligence or misconduct of one of its employees or drivers.

If you need assistance bringing a strong claim to damages against a truck company, contact us to discuss your specific goals for the case. We understand how personal injury claims work and what the courts need to find someone guilty of negligence. Our attorneys will work hard to obtain a positive outcome on your behalf.

What kind of compensation is available?

If you or a loved one have sustained an injury caused by the careless or negligent actions of a truck driver or trucking company, there may be various types of compensation available for your claim. At Trial Lawyers for Justice, we are regularly able to help accident victims obtain the following types of economic and non-economic compensation:

  • Coverage of all truck crash-related medical bills
  • Recovery of lost wages if a victim cannot work
  • Pain and suffering damages
  • Loss of personal enjoyment damages
  • Possible punitive damages against a grossly negligent truck driver or trucking company

Contact a Truck Accident Lawyer in Des Moines

When you need a Des Moines truck accident attorney, you can contact us for a free consultation of your case by clicking here or calling 866-854-5529.

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