FAQ: How does Chain | Cohn | Stiles stand out compared to other law firms?

October 17, 2018 | 9:20 am


When it comes to choosing an attorney to help you during what may be one of the most difficult times of your life, you want to make sure it’s a lawyer that is knowledgeable and professional, caring and compassionate, and ultimately a winner.

The personal injury and workers’ compensation attorneys at Chain | Cohn | Stiles are proud to check off all of these boxes. In fact, we know the people of Kern County have many choices when it comes to hiring an accident and injury attorney. We want to make sure we stand out compared to other law firms, and the way we do this is by providing superior service.

You may have a lot of questions when it comes to hiring a personal injury or workers’ compensation lawyer or law firm. To help answer these questions, Chain | Cohn | Stiles, with the help of attorney and senior partner Matt Clark, put together several short videos on the topics.

In this blog article, Clark answers the question, “How does Chain | Cohn | Stiles stand out compared to other law firms?” Watch the video here, or read Clark’s answer below.

If you have other questions related to a personal injury, accident or workers’ compensation legal issue, visit Chain | Cohn | Stiles’ Frequently Asked Questions page. Learn more by watching the video on chainlaw.com, or read more below.

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How does Chain | Cohn | Stiles stand out compared to other law firms?

Here are Chain | Cohn | Stiles, we not only believe it’s our obligation and duty to provide our clients with the best representation, but we also believe it’s our duty to provide them with the best customer service as well. I hear all too often of stories from injured people who can never get a hold of their lawyer, never see them, and have no idea what’s going with their case. They begin to lose trust in the system. These are things we want to avoid, while ensuring you’re represented by the best legal team available. We want you to understand what is happening in your case. For these reasons, your lawyer is always available to meet with you or speak with you on the phone or meet with you; or, for a lot of clients, email and text message you.

We tell all clients that it’s important to understand all the issues in their cases, good and bad. A decision will come to either settle your case or go to trial. In order to make an educated decision, you need to understand what is happening, what could happen, and what all of the legal issues are. We feel if we could explain all of this to our clients, we have done a best job possible. We’ve been around nearly 85 years, and one reason is we have been around so long is that we provide superior customer service.

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RELATED VIDEOS

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If you or someone you know has a potential personal injury or workers’ compensation case, contact the lawyers for a free consultation at (661) 323-4000 or visit the website chainlaw.com.

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Chain | Cohn | Stiles helps local family affected by crash caused be alleged DUI driver

September 19, 2018 | 9:29 am


On Aug. 18, Bakersfield attorney Henry Noto allegedly got behind the wheel of his vehicle while under the influence, despite previously receiving two misdemeanors — in 2014 and 2016 — for DUI, according to news reports.

On this occasion, however, this decision caused severe injuries to several people when he failed to stop at a stop sign at on Highway 43 and struck another vehicle head on. He had a blood alcohol content of .16 percent at the time of the crash, according to CHP reports.

Noto, 62, was charged on suspicion of driving under the influence of alcohol causing bodily injury in connection with the collision. According to news reports, Noto faces a felony with years of prison time.

Recently, The Bakersfield Californian spoke with Chain | Cohn | Stiles attorney Matt Clark regarding the DUI crash that injured 26-year-old David Perez, who suffered substantial physical injuries, including a brain injury, when Noto crashed into his vehicle. Clark is assisting the Perez family in the civil case with charge, or pro bono.

The crash and case comes before the fifth Bakersfield Walk Like MADD & MADD Dash on Sept. 29, in which Chain | Cohn | Stiles is the presenting sponsor. The event aims to raise awareness of the DUI problem in Kern County, raise funds for MADD Kern County’s educational programs and victim services, and support local victims and survivors of drunk and drugged driving crashes.

You can read more about Chain | Cohn | Stiles’ involvement in the civil case against Noto below. You can also listen to an interview with Clark on the Richard Beene Show by clicking here.

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By Jason Kotowski

A Bakersfield DUI attorney waived his preliminary hearing Monday and will stand trial in connection with an alleged drunken driving crash last month that injured four.

Also, new details have been released regarding the injuries suffered by one of the victims, a correctional officer whose vehicle was struck by attorney Henry Noto.

David Perez, 26, suffered “substantial” physical injuries including a brain injury, attorney Matthew C. Clark of civil law firm Chain Cohn Stiles said Monday.

“It’s going to be a long road for this young man,” he said.

The correctional officer is undergoing therapy at a local rehabilitation center. He can talk and carry on conversations, but Clark said it’s been his experience from representing others with head trauma that it takes time before the full extent of the injuries is known.

Perez had about 30 staples in his head after the crash, he said.

The firm is representing Perez pro bono and expects to soon file a lawsuit against Noto, Clark said. It’s likely they’ll be limited in what they can do for Perez, he said, because whatever money Noto has won’t be enough to pay for the officer’s treatment.

Noto, 62, failed to stop at a stop sign while exiting Interstate 5 at Highway 43 on Aug. 18, according to the California Highway Patrol. He hit Perez’s vehicle and pushed it into opposing lanes, where a third vehicle struck it.

The attorney and a female passenger, Heather Rush, 31, were also injured and taken to a local hospital. The driver of the third vehicle, 32-year-old Lucus Cotter, suffered moderate injuries but declined treatment, according to the CHP.

Noto’s blood-alcohol content was 0.16 percent, twice the legal driving limit, officers said. He’s charged with two felony DUI charges.

Court records show Noto has two prior DUI convictions, both for misdemeanors.

“It’s the same story over and over again,” Clark said. “A guy with multiple DUIs gets into another DUI accident and causes substantial life-changing injuries. It’s getting to be an old story.”

It’s especially troubling, Clark said, because Noto specializes in DUI cases.

“He practices an area of law where he’s fully aware of the risks of driving while intoxicated,” the attorney said. “And he did. He did it multiple times.

“There’s just no excuse for it.”

Noto’s next court hearing is Sept. 27. He remains in custody.

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If you or someone you know is injured in a crash caused by a DUI driver, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website chainlaw.com.

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MEDIA COVERAGE

New Chain | Cohn | Stiles ‘Audio Center’ features interviews with Kern County’s leading radio personalities

August 1, 2018 | 10:53 am


Chain | Cohn | Stiles has unveiled a new “Audio Center” web page aimed to keep listeners in the loop on the latest news in personal injury and workers’ compensation law.

The new web page contains interviews with Chain | Cohn | Stiles’ own attorneys sitting in with some of Bakersfield’s and Kern County’s leading radio personalities. Among the interviews are as follows:

  • Personal injury attorney Matt Clark joined The Richard Beene Show  to discuss a local elder abuse and wrongful death case, our growing aging population’s risk of suffering from neglect and abuse, and what you can do to protect your loved ones. The segment focuses on an elder abuse and neglect lawsuit filed against a Bakersfield senior rehabilitation center that resulted in the death of an 80-year-old man, longtime teacher, U.S. Army veteran, and husband of 57 years. IN another show,  Clark was a special guest on The Moneywise Guys radio show to discuss how to prevent and recognize elder abuse.
  • Chain | Cohn | Stiles managing partner David Cohn joins the Richard Beene Show to discuss legal issues surrounding the sudden death of local attorney Benjamin Greene, who died after collapsing during a 5K run. They explore two areas in investigating the question of civil liability: the waiver ostensibly signed by each 5K participant, and a legal doctrine known as “assumption of risk.”
  • Workers’ compensation associate attorney Beatriz Trejo joined “El Show De Cascabel,” a Spanish language show on La Caliente 96.9, and answered questions from listeners, how to handle employers who threaten to fire employees who report issues they may be having at work, how to properly handle paperwork related to work injuries, and much more. In another show, Trejo joined “El Gallito” on 1010 AM and 92.1 FM to answer listeners legal questions and provide insight on legal issues of the day.
  • Workers’ compensation attorney and senior partner Jim Yoro discusses various work injury issues with DJ Sheri Ortiz on The Groove radio station. They focus on valley fever, and how you could be entitled to benefits under the workers’ compensation system if you get ill on the job, and the illness is as a result of the job.
  • Lawyer Matt Clark appeared on KERN Radio to discuss controversial comments made by Kern County Sheriff Donny Youngblood, wrongful death lawsuits, and excessive force cases. A video showed Sheriff Youngblood telling an employees union that it is better “financially” to kill suspects than to “cripple” them has sparked controversy locally and nationwide.

Visit the Chain | Cohn | Stiles “Audio Center” by clicking here to listen to and download the latest interviews and radio segments with Kern County’s personal injury and workers’ compensation attorneys.

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If you or someone you know is involved in an accident at the fault of someone else, or is injured at work no matter who is at fault, contact the personal injury and workers’ compensation attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website chainlaw.com to chat with an operator.

Chain | Cohn | Stiles files elder neglect, wrongful death, fraud claim against Bakersfield senior rehab facilities

July 18, 2018 | 6:00 am


Chain | Cohn | Stiles has filed an elder abuse and neglect lawsuit against a Bakersfield senior rehabilitation center that resulted in the death of an 80-year-old man, longtime teacher, U.S. Army veteran, and husband of 57 years.

The elder abuse, elder neglect, wrongful death, and fraud complaint was filed by Chain | Cohn | Stiles on behalf of the widow of John Paul Owens, Carol Owens, against Brookdale Senior Living, Silvercrest Manor, and Wade Budney of “A Helping Hand Senior Care Services.”

The filing of the complaint was covered by KGET-17 News, which you can view by clicking here.

Paul Owens was born in 1937 in Oklahoma. His family moved to McFarland when he was 4 years old, and he graduated from McFarland High School. After school, he served in the U.S. Army, attaining the rank of sergeant, and worked as a paratrooper.

In 1960, Paul married Carol. He earned his teaching credential in 1962 and would teach for 38 years. He loved cross country running, and working with his hands.

Well into retirement, Paul began to suffer symptoms of Alzheimer’s disease. He took a fall at home in 2017 that required him to have surgery on his leg and hip. After, Paul was placed in Brookdale Senior Living for daily care.

“So he could walk again, take care of himself again, so he could go back home and live with his wife of 57 years, that was the goal,” Chain | Cohn | Stiles attorney Matt Clark told KGET News.

That didn’t happen. Paul developed large bed sores, pressure ulcers and received inadequate care. As an example, he was bathed just four times over a span of 35 days.

“Mr. Owens was continually denied the benefit of those interventions necessary to prevent the formation and progression of pressure ulcers,” according to the complaint.

Soon, Carol Owens was told Paul could no longer be housed at Brookdale, and needed to find another facility due to insurance issues. Brookdale contacted “A Helping Hand Senior Care Services,” ran by Wade Budney, to be discharged to Silvercrest.

“Budney puts [Owens] in his personal vehicle, this is a guy with two stage three pressure ulcers, a urinary catheter, a broken leg, hasn’t had rehab yet,” Clark told KGET.

Carol Owens added: “I was told if he wasn’t transferred that Wade would call and report me for elder abuse.”

The inadequate care continued at Silvercrest. Ultimately, the event prompted an investigation by the California Department of Public Health. The department found that Brookdale failed to prevent Paul Owens from developing ulcers, prematurely discharged him, and failed to safely discharge him to another facility.

Additionally, Budney falsely and misleadingly stated that Paul Owens would receive appropriate and adequate care at Silvercrest. He also concealed the fact that he would receive monetary compensation from Silvercrest.

Shortly after being admitted to Silvercrest, Paul Owens was taken to Bakersfield Memorial Hospital. He died shortly after in January 2018.

“The main reason I’m doing this is I don’t want other people to have to go through this with loved ones, that’s the whole goal,” Carol Owens told KGET News.

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Chain | Cohn | Stiles wants to remind everyone of the importance of speaking up for those who cannot, our oldest, frailest and most vulnerable citizens. If you or someone you know experiences elder abuse or neglect, please contact our attorneys by calling (661) 323-4000, or visit the law firm’s specialized website focused on elder abuse at bakersfieldelderabuse.com.

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MEDIA COVERAGE

Elder Abuse Awareness: Coming together to stop violence towards our most vulnerable citizens

June 13, 2018 | 3:36 pm


California sees 176,000 cases of reported elder abuse cases each year, with more than 4,000 reported in 2017, according to Kern County Aging & Adult Services.

What’s worse is officials estimate that for every case known to reporting agencies, 24 cases go unreported.

This month — during Elder Abuse Awareness Month in Kern County, with World Elder Abuse Awareness Day falling this year on Friday, June 15 — Chain | Cohn | Stiles wants to remind everyone of the importance of speaking up for those who cannot, our oldest, frailest and most vulnerable citizens. Our law firm has been at the forefront in fighting for victims of elder abuse in Bakersfield, Kern County and throughout the state.

“We want everyone to focus attention on the problem of physical, emotional, and financial abuse of elders,” said Matt Clark, attorney at Chain | Cohn | Stiles. “We all need to come together to reduce incidents of violence towards elders, increase reporting of such abuse, and to develop elder-friendly policies.”

In a recent Eyewitness News story focused on the rise of elder abuse in Kern County, Clark provided information on elder abuse and neglect civil cases, and what people can do to make sure their loved ones are not victims. Watch the news story by clicking here.

Clark also was a special guest on The Moneywise Guys radio show to discuss “How to prevent + recognize elder abuse, not just financial abuse. You can listen to the show by clicking here.

The Kern County Board of Supervisors issued a proclamation on June 5 proclaiming the Month of June as Elder Abuse Awareness Month and Aging & Adult Services in collaboration with the Commission on Aging, Kern County District Attorney’s Office and Behavioral Health and Recovery Services hosting the 21st Annual Elder Abuse Prevention Conference on June 14.

According to the Archives of General Psychiatry, by the age of 75 half of all Americans will have experienced a diagnosable mental disorder and yet, less than one-third receive appropriate care. Why does elder abuse go unreported? Many times, elders have no family to report to. They also fear retaliation from “caregivers,” or they feel shame in regards to abuse. Another reason is they fear they will lose independence, or fear they will upset their own family members. Many times, however, victims simply lack understanding of how to report abuse.

To report cases of abuse locally, whether it is on your own behalf or that of someone you know, please call Adult Protective Services or the Long-Term Care Ombudsman:

  • Adult Protective Services responds to reports from individuals, concerned citizens, social service and health providers, and law enforcement representatives about developmental disabled adults, physically and mentally disabled adults, and the elderly who may be physically or financially abused, neglected, or exploited. Upon receipt of a referral, APS sends a social worker to make a home visit or contact the elder or dependent adult.
    • 24-Hour Hotline: 800-277-7866 or 661-868-1006
  • Long-Term Care Ombudsman Program investigates elder abuse complaints in long-term care facilities and in residential care facilities for the elderly. The primary responsibility of the program is to investigate and endeavor to resolve complaints made by, or on behalf of, individual residents in these facilities, including nursing homes, residential care facilities for the elderly, and assisted living facilities. The goal of the program is to advocate for the rights of all residents in long term care.
    • Phone: 661-323-7884

And if you or someone you know experiences elder abuse or neglect, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the law firm’s specialized website focused on elder abuse at bakersfieldelderabuse.com.

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LEARN MORE

Chain | Cohn | Stiles resolves wrongful death lawsuit on behalf of family of motorcyclist killed in crash with Sheriff’s deputy patrol car

May 9, 2018 | 9:34 am


Chain | Cohn | Stiles has reached a settlement with the County of Kern on behalf of the family of a motorcyclist who was killed in 2015 when a Kern County Sheriff’s patrol car abruptly made a turn against a red light directly into his path.

The crash involving 59-year-old Larry Maharrey garnered media attention as it was the fourth fatality in as many years involving a Sheriff’s Office patrol vehicle.

The parties agreed to a $3.8 million settlement in the wrongful death lawsuit.

“These are tragic cases where you have individuals who are completely innocent who were killed in traffic collisions. Those are the types of accidents that shouldn’t happen, especially involving officers who are trained to protect these very same people,” said Matt Clark, Chain | Cohn | Stiles attorney for the family.

Clark continued: “It’s incredibly unfortunate an innocent man died. Maharrey’s family is satisfied with the resolution, but it’s not like the resolution will bring him back.”

On July 14, 2015, Maharrey was driving his motorcycle eastbound on Norris Road in Oildale, when the deputy abruptly made a left turn against a red light onto Airport Drive directly into Maharrey’s path. Maharrey was unable to avoid the collision with the patrol vehicle, and died as a result of the crash.

The California Highway Patrol determined that Sgt. Marvin Gomez and Maharrey did not become visible to each other until 0.87 seconds before the collision because other vehicles blocked their view. CHP had recommended a misdemeanor vehicular manslaughter charge against Gomez, but the District Attorney’s office declined to file a criminal charge. Chain | Cohn | Stiles contends that Deputy Gomez violated KCSO policies and procedures by failing to pre-clear the intersection before turning left against a red light.

Maharrey’s death came at the heels of another wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of the family of Nancy Garrett, who was struck and killed by KCSO deputy Nicholas Clerico in 2014, also in the Oildale area. This case is ongoing. Less than four years before Maharrey’s death, Daniel Hiler and Chrystal Jolley were killed when Kern County sheriff’s deputy John Swearengin struck and killed them as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. The case, also represented by Chain | Cohn | Stiles, settled in March 2014 for $8.8 million.

For more than 20 years, Maharrey worked for Golden State Drilling as a diesel mechanic. At his vigil, friends and family described him as “a good man” who would do anything for anyone in need. He especially enjoyed fishing and, of course, riding his motorcycle.

MEDIA COVERAGE

Frequently Asked Question: How do I know if I have a case?

November 1, 2017 | 10:02 am


How do you know if you have a case? How does Chain | Cohn | Stiles compare to other law firms? And how long will your case take?

These are just some of the questions frequently asked by Kern County residents when it comes to hiring a personal injury or workers’ compensation lawyer or law firm. To help answer these questions, Chain | Cohn | Stiles, with the help of attorney and senior partner Matt Clark, put together several short videos on the topics.

Below, Clark answers the question, “How do you know if you have a case?” In short, Chain | Cohn | Stiles looks at four things when evaluating whether or not someone has a personal injury case: liability, causation, damages, and collectability.

Learn about all of these points by watching the video on chainlaw.com, or read all about it below.

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In the event of an injury or accident, for us to determine if you have a case, we need to know four things:

1) Liability. Is someone else at fault? If it’s a car accident, was there another driver at fault? If it’s an injury or accident on a property, did the owner fail in some way. If it’s an industrial, oilfield or work accident, did someone do something wrong. We call this liability.

2) Damages. Were you hurt? And if you were, how badly? Did you suffer from those injuries? We call these damages, and they include medical expenses that you incurred already, and are likely to incur in the future. Did you have loss of earnings? Did you miss work? You’re entitled to recover past and future losses. Did you have pain and suffering? We call these non-economic damages.

3) Causation. What we’re looking for is if you’re in an accident, and you have physical impairments, were those injuries suffered in the accident? Was the accident the cause of those injuries? Maybe you’ve had back injuries before, or even had a previous surgery. If those previous injuries are made worse because of an accident, that’s also causation.

4) Collectability. Can we get you any money for your damages? Typically, this comes from insurance or a corporate entity. There are times when we people see us in very bad accidents with unfortunate injuries, but because the person who is the cause of their injuries has no or little insurance, that person is what we call insolvent, and they can’t pay a claim. There is typically nothing we can do.

An injury and accident case can be a complication thing, and it’s important for a legal professional who has expertise to evaluate your potential case. That’s what we can do for you, for free. We can determine if you have a case. Call us or visit chainlaw.com today for a free consultation.

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If you or someone you know has a potential personal injury or workers’ compensation case, contact the lawyers for a free consultation at (661) 323-4000 or visit the website chainlaw.com.

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Property maintenance is key to avoid injuries, premises liability claims

October 11, 2017 | 9:31 am


Premises-Hazard-Blog

The following article by Chain | Cohn | Stiles attorney Matt Clark appeared in the Kern Business Journal. To view the PDF print version of the Kern Business Journal click here

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Maintaining your property so that it is safe for your customers, employees and visitors should be a top priority for all businesses. Premises liability lawsuits are one the most common claims made against businesses.

At Chain | Cohn | Stiles, we regularly receive calls from Kern County residents injured due to poorly maintained property. Oftentimes, these injuries lead to cases, and these cases end up in litigation, costing businesses time and money. In almost every instance, the injury, and subsequent lawsuit, could have been avoided with proper maintenance and inspection, and a basic understanding of premises liability law.

Premises liability claims typically fall into one of two major categories: standard premises liability, or premises liability against a public entity, oftentimes referred to as a “dangerous condition of public property.” In this article, we will focus on the former, which applies to all private businesses and an injury claim made by a non-employee. Also, it is important to note that an injury claimed by an employee normally falls into the worker’s compensation system, which is a “no fault” system, meaning the law relating to liability is largely inapplicable.

Premises liability claims

If someone claims to be injured on your property, he or she needs to prove four things to win their case:

  1. That you owned, leased and/or controlled the property;
  2. That you were negligent in the use or maintenance of your property;
  3. That they suffered an injury; and,
  4. That your negligence was a substantial factor in causing their injury.

Property owners are expected to use reasonable care to discover any unsafe conditions, and to repair or give warning of any condition that could be reasonably expected to harm others. If an injured party can ultimately prove that a dangerous condition existed on the property, that the owner knew or should have known the condition was present on the property, and that the owner failed to correct the condition, or give adequate warning, the injured party will likely prevail.

But how does it work in a practical sense?  If, for example, you fail to maintain your parking lot to the extent that it is full of potholes, uneven surfaces, or broken and cracked asphalt and someone falls, you may be liable for their injuries. If a customer spilled something inside your store and you have no protocol or procedure in place to regularly inspect the condition of the floor, and then hours later another customer slips and falls, you could be liable. If your business operates at night, and you have an area outside that is so poorly lit that things like curbs, parking bumpers, or medians are invisible and someone falls, you could be liable.

What you can do

As a best practice, your business should regularly inspect your property and keep a record of the inspections (think of inspection records inside most public restrooms, for example). If during an inspection, you come across a condition or defect that poses a danger to others, you should immediately cordon off the area, put up warnings if necessary – such as wet floor signs or warning tape – and then correct the defect as quickly possible.

Under most circumstances, businesses make timely repairs to defects they are aware of. The failure occurs when there is not a regular inspection policy in place, and defects go unnoticed.

So, if you take one bit of advice away from this brief article it should be: put a policy in place to regularly inspect your businesses’ property, do the inspections, and keep a record that you did it.

Matthew Clark is a senior partner at Chain | Cohn | Stiles where he focuses on wrongful death, industrial accidents, and motor vehicle accident cases, among other injury cases for people of Kern County.

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Speak up for those who can’t during Elder Abuse Awareness Month

June 21, 2017 | 9:07 am


More than 500,000 incidents of elder abuse are reported to authorities each year in the United States. Additionally, an estimated 5 million, or 1 in 10, older Americans are abused or neglected each year, according to the U.S. Administration on Aging.

Sadly, many cases go unreported.

During June’s Elder Abuse Awareness Month, Chain | Cohn | Stiles wants to remind everyone of the importance of speaking up for those who can’t — our oldest, frailest and most vulnerable citizens. For decades, Chain | Cohn | Stiles has been at the forefront in fighting for victims of elder abuse in Bakersfield, Kern County and beyond. For example:

Joining Chain | Cohn | Stiles in honoring the awareness month locally, the Kern County Board of Supervisors recently proclaimed June as Elder Abuse Awareness month as well.

In all, Elder Abuse Awareness Month aims to focus attention on the problem of physical, emotional, and financial abuse of elders. It also seeks to understand the challenges and opportunities presented by an ageing population, and brings together senior citizens, and their caregivers, national and local government, academics, and the private sector to exchange ideas about how best to reduce incidents of violence towards elders, increase reporting of such abuse, and to develop elder friendly policies.

A challenge, however, lies in the reporting of elder abuse and neglect. For every case known to programs and agencies, 24 are unknown; for financial abuse, only one in 44 cases is known, according to the National Center of Elder Abuse.

So why does elder abuse go unreported? Many times, elders have no family to report to. They also fear retaliation from “caregivers,” or they feel shame in regards to abuse. Another reason is they fear they will lose independence, or fear they will upset their own family members. Many times, however, victims simply lack understanding of how to report abuse.

Another issue lies is recognizing elder abuse and neglect. In fact, elder abuse can take many forms including:

  • Physical abuse: Inflicting physical pain or injury on a senior (slapping, bruising or restraining by physical or chemical means).
  • Sexual Abuse: Non-consensual sexual contact of any kind.
  • Neglect: The failure by those responsible to provide food, shelter, health care, or protection for a vulnerable elder.
  • Exploitation: The illegal taking, misuse, or concealment of funds, property, or assets of a senior for someone else’s benefit.
  • Emotional Abuse: Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts (humiliating, intimidating, or threatening).
  • Abandonment: Desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
  • Self-neglect: Characterized as the failure of a person to perform essential, self-care tasks and that such failure threatens his/her own health or safety.

Lastly, how do you recognize elder abuse and neglect, and what are the warning signs. Here are a few of them:

  • Bruises, broken bones, abrasions and burns may be an indication of physical abuse, neglect or mistreatment.
  • Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.
  • Bruises around the breasts or genital area can occur from sexual abuse.
  • Sudden changes in financial situations.
  • Bedsores, unattended medical needs, poor hygiene and unusual weight loss.
  • Behavior such as belittling, threats, and other uses of power and control by spouses are indicators of verbal or emotional abuse.
  • Strained or tense relationships, frequent arguments between the caregiver and elderly person.
  • If you notice changes in a senior’s personality or behavior, you should start to question what is going on.

It’s important to alert others if you have suspicions, and to retain an attorney. In an emergency, call 9-1-1. To report cases of elder abuse, whether it is on your own behalf or that of someone you know, please call Adult Protective Services as part of the Kern County Aging & Adult Services, or contact the Long-Term Care Ombudsman.

  • Adult Protective Services (APS) responds to reports from individuals, concerned citizens, social service and health providers, and law enforcement representatives about developmental disabled adults, physically and mentally disabled adults, and the elderly who may be physically or financially abused, neglected, or exploited. Upon receipt of a referral, APS sends a social worker to make a home visit or contact the elder or dependent adult. Reach the 24-hour hotline at 800-277-7866 or 661-868-1006.
  • The Long-Term Care Ombudsman Program investigates elder abuse complaints in long-term care facilities and in residential care facilities for the elderly. The primary responsibility of the program is to investigate and endeavor to resolve complaints made by, or on behalf of, individual residents in these facilities, including nursing homes, residential care facilities for the elderly, and assisted living facilities. The goal of the program is to advocate for the rights of all residents in long term care. You can reach them at 661-323-7884.

— By Alyssa Wood for Chain | Cohn | Stiles

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If someone you know is the victim of elder abuse or neglect, it’s important to retain an elder abuse lawyer right away. Chain | Cohn | Stiles has been representing victims of elder abuse and neglect for decades. Reach the elder abuse law firm at (661) 323-4000, or visit the website bakersfieldelderabuse.com.

Wrongful death case involving speeding deputy continues after plea deal in criminal case

April 26, 2017 | 9:37 am


A former Kern County Sheriff’s deputy has pleaded “no contest” in connection with a crash that killed a 72-year-old Oildale woman in 2014, a crash also connected to a wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of her family.

Nicholas Clerico will receive three years probation, must pay a $570 fine and serve 240 hours of community service after pleading no contest on April 25 to a misdemeanor charge of vehicular manslaughter.

Chain | Cohn | Stiles filed a wrongful death lawsuit on behalf of the family of Nancy Joyce Garrett, who was killed when Clerico struck and killed her in his speeding patrol car. The filing came after the California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) report found Deputy Clerico at fault in the September 2014 crash, at the intersection of North Chester Avenue and China Grade Loop in Oildale.

Chain | Cohn | Stiles attorney Matt Clark, who is representing Garrett’s family in the case, commented to local media on Clerico’s plea and the ongoing wrongful death civil lawsuit.

“In talking with the family, they’re glad that (Clerico) has finally accepted some responsibility for what he did,” Clark told The Bakersfield Californian, adding that the family, however, has not received closure, and continues to mourn Garrett’s loss. “This was no accident. This was totally preventable.”

Family members have described Nancy as a friendly neighbor, a caregiver for our community, an active blogger, and the pillar of her family. She was a drug and alcohol counselor for the Kern County Mental Health Department, and also volunteered her time as a substance abuse counselor for STEPS, a local nonprofit that provides DUI awareness services. At the time of the crash, she was returning home from a Los Angeles Dodgers baseball game she attended with her family and friends.

Garrett’s family is seeking changes within the sheriff’s department in how deputies are trained to drive. Her death, unfortunately, is not the only one related to driving by Kern County Sheriff’s deputies.

  • Larry Maharrey was killed when Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive in Oildale directly into Maharrey’s motorcycle. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash. That wrongful death case represented by Chain | Cohn | Stiles, is ongoing.
  • Daniel Hiler and Chrystal Jolley were killed in December 2011 when Kern County sheriff’s deputy John Swearengin struck and killed them as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. Chain | Cohn | Stiles settled that case in March 2014 for $8.8 million.

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