When a loved one is killed as a result of the wrongful conduct of another, the heirs will have a right of action for the wrongful death caused by the person causing the accident or death. Your attorney will need substantial input based upon the relationship the client had with the decedent and will need information regarding economic support, to properly evaluate and advise the heirs (the survivors).
While a passenger in an Uber accident, you are fully protected if the driver is involved in an accident. Uber has both liability insurance and Uninsured Motorist coverage that will provide you with benefits. Whether the accident was the fault of the Uber driver or another motorist, you will be protected in terms of sufficient insurance coverage.
Many truck accidents are caused by the negligent operation of the vehicle, inattention and the unsafe maintenance of the truck.
Big truck accidents require specialty representation. Big truck cause Big Injuries. Rules from the Department of Transportation and standards for professional – commercial truck drivers are different that operators of cars.
Yes, trip and fall cases are compensable just like trip and fall cases, however, they require a dangerous condition and notice (either actual or constructive notice) to the premises owner or manager. Where there is a dangerous condition, the owner or management of the premises has a duty to warn of that dangerous condition and has a duty to make the premises safe for people entering upon it. Sometimes this is done by putting up warning signs or cones. Investigation is the key to prevailing in a trip and fall case. When we are able to prove that somebody else sustained an injury as a result of that same condition (whether it be a slippery substance in a slip and fall or other dangerous condition in a trip and fall case that satisfies the notice requirement. Whenever one of our clients is injured upon somebody else’s premises, we know what to do to satisfy the elements necessary to prove the case. The value of the case of course then depends upon the injuries sustained, the medical bills, the disabilities if any and the outlook for the future.
Often times, when a person sustains a spinal cord injury in an accident, it starts out as one thing and evolves into another. Soft tissue injuries to the muscles and tissues that align with the spine are generally susceptible to physical therapy. However, proper diagnostic testing is important, in the event the symptoms do not resolve. Sometimes, in addition to the soft tissues being injured, there is a spinal injury-sometimes a herniated cervical or lumbar disc. That is only properly diagnosed with specialized testing, such as a MRI or CT scan. If indeed there is such an injury, it will be resolve with physical therapy. Orthopedists and neurologists often recommend pain management (cortisone or epidural injections). If pain management does not alleviate the pain (and often radiating symptoms down the arm or leg), then surgery may be recommended. It is essential to fully recognize all the problems and the degree of the problems before considering settlement. Once a case is settled, it is over forever and the client cannot go back for more, even if the symptoms get worse and even if the person’s health subsequently deteriorates. For that reason, clients often receive the full benefit of medical care (including surgery) before considering settlement. When there is a fully diagnosed spinal injury (as mentioned as examples) then the case is worth much more than if the injuries were only of a soft tissue nature. Nobody knows how spinal cord surgery will turn out and while we all hope for the best, it is essential to know if the client will be left with residual disabilities following surgery or if surgery will have been the complete fix.
Yes, we do handle slip and fall accident cases. They are actually premises liability cases. When a person slips and falls while on another person’s premises, here she may recover for the injury sustained if the slip was caused by a dangerous condition that was not readily apparent to the person and if the premises owner had actual or constructive notice that the dangerous condition existed. Typically, this happens in a supermarket setting where a customer is walking down the aisle and slips on a clear liquid. It is always better if there is a witness and if there is a report made at the market. If there are photographs of the slippery substance, that is even better. Slip and fall accidents can cause very serious injuries. Typically we handle these cases where the client has sustained a low back injury or need injury, however, no matter what the injury it is compensable if we have the right elements of proof.
All premises owners and those that control and/or manage those premises are required to maintain the property in a reasonable condition so as to prevent injuries to those who come upon the property (whether a guest, invitee, vendor, worker or otherwise). If there is a dangerous condition that is not apparent, the property owner/manager must remedy the dangerous condition or provide safety warnings, so that a person does not become injured. The dangerous condition can take the form of a hole, a dead tree with branches that can fall, electrical wires that are exposed, a slippery condition, any premises liability that may cause a person to slip and fall or a condition causing a trip and fall. This can happen on private property (a residence) or for example a commercial setting such as a super market or retail store.
Some very smart people have asked themselves that very question. They have believed that there is nothing that an experienced personal injury lawyer can do, that they cannot do just as well. These people have been proved wrong. Their belief that if they did not pay an attorney fee, that they would get more money in their own pockets, has likewise been proven wrong. Insurance carriers do not treat all people equally. Even different attorneys will receive different offers on the same case. When an insurance company sees a person representing himself or herself, they know that this person is no threat to the insurance company and that if the person representing himself or herself is unhappy with the offer, that they do not have the ability to litigate and ultimately try the case before a jury. Exposure to the insurer is what gets money offered. When an insurance adjuster sees a novice or kid lawyer just starting out or a newbie lawyer who has never tried a case and hit a homerun, they invariably low ball that lawyer because they know that he or she is no proven threat to the carrier. When, however, the insurance carrier deals with a lawyer who is seasoned and has a reputation for hitting homeruns, they know that this attorney can and will go the distance, if they do not pay up and thus, the carriers will invariably offer this type of attorney more to make the exposure-the case go away. We have yet to see a so called “do it yourselfer” get the big result and better than what the right lawyer could have gotten that injured person. The injured person has no experience evaluating the worth of his or her injuries and has no experience recognizing the problems in a particular case. That person (who decides to do it himself or herself) does not have the means of properly documenting the injuries and losses and likewise does not know how to make the case translate into top value in the eyes of the insurance company. Those insurers are not the friends of the victim. Their job is not to be fair, but rather to get the case out the door for the lowest amount possible. When we hear people say “all I want is what is fair and I am not trying to get more,” we immediately know that they will, soon discover that honesty and good intentions is not a two way street when dealing with an insurance company. We have seen countless examples of real cases where the victim thought he got a good settlement, but we recognized (after the fact and when it was too late to save the case) that he was taken advantage of and settled for far less than he deserved. We know all the right moves to get the right amount for our clients and we know that the insurers know that we pose a threat to them if they do not pay up.
One of the biggest mistakes we have seen people make, is the belief that the lower the percentage they pay, that means the more dollars they will put in their pockets at the end of a case. All lawyers are not created equal and the insurance carriers know it. When we receive inquiries and a victim of an accident is shopping for the lowest percentage of fee, based upon the belief that this will translate to more money in the client’s pocket, we explain what we have said and tell them that if they are insistent, then we can and will refer them to a newbie lawyer who will charge a lower percentage. The reality is that the words “you get what you pay for” is so very true. Whether the lawyer admits it or not, lawyers are in business and have overheads and they are in business to make a profit to pay for their office, their employees, their own insurance, their home mortgage and to provide for their families. When a lawyer has two cases to work on and if both cases will require the same amount of hours of work from beginning to end and if on one case the lawyer will receive (as an example) 10% of a $100,000 settlement or on the other case 25% of the same $100,000 settlement and knowing that there are only so many hours in the day to spend working on any case, which one do you believe the lawyer will spend his time working on? The one where at the end, he will stand to make a $10,000 fee or the one which, at the end, he will make a $25,000 fee? It is human nature. The lawyer needs the economic incentive and sometimes when a client agrees to a 10% fee, that lawyer might ultimately get a $100,000 offer and the more experienced lawyer with the track record and reputation, charging a 25% or 1/3 fee, might get a $1,000,000 offer. The fact that the client agreed to a higher percentage of fee, nevertheless results in a much greater net sum in his or her pocket. The percentage of the fee and the amount the client nets, generally have nothing to do with each other. There is no direct one to one relationship that translates to a lower percentage of fee, meaning a greater result for the client. Also, the lawyer with the track record and reputation and experience (that the insurer knows) may be able to get the case settled much sooner than the novice attorney learning on the job. People who think they do not need the services of the experienced personal injury attorney, invariably find out the hard way that they should have chosen that right lawyer in the very beginning. When we see that despite our explanations, that the potential client has made up his mind to try to do it himself or herself or to try to save money shopping based on percentage (without regard to the things that really make the difference), we always tell that person to not be embarrassed to call us later on when they find out that we had provided them the right direction. Sometimes when that person returns to us, we can still fix all the damage that was done and still make the ultimate result what it should have been. Other times, unfortunately, it is too late and the damage has been done to such a degree, that no matter what we subsequently try to do to fix the problems that have been created, it is too late and once the damage is done, it will ultimately make that optimum result (that could have been had, if we had the case from the beginning) beyond the reach of any lawyer.
Generally the amount that a lawyer can charge for representing a minor (under Age 18), depends in large part, upon the county in which the accident happened, the amount of work that went into the case, whether the case was settled before the filing of a lawsuit or after the filing of a lawsuit-and where a lawsuit has been filed to achieve the result, then the amount of work and effort that went into the case before the resolution. Was it settled before the case was tried before a jury or was it concluded by a jury verdict? Did the lawyer go the distance? Then there are considerations of the amount of out of pocket expenses that the lawyer incurred in getting the case to the end result. Generally, lawyers will have a lower percentage in their retainer agreement when a minor is the client. To settle the case involving a minor, the Superior Court in the particular California County, will require a petition to be filed and the minor, his or her parent and the lawyer appearing and answering questions that the judge will pose, in order for the judge to determine how much of a fee the lawyer is entitled to. There are yet, other considerations and generally, the reputation of the lawyer as well as the difficulty or ease in which the settlement or other result was obtained, will be factors that guide the judge to his decision.
Once you accept a settlement and sign a general release, it is too late to file a personal injury action. The case is over forever. It is always best to consult an expert early on to get the best result.
The only way to truly evaluate whether your facts present a viable personal injury case and to understand the value thereof, is to consult an experience personal injury attorney. Otherwise, you are shooting in the dark.
It is important, to follow your lawyer’s advice and not communicate with anybody about your case-except him or her. Insurance carriers often go to social media to see what a claimant has phttps://www.marketwatch.com/story/get-ready-for-stock-market-consolidation-as-china-tensions-rise-says-wall-street-bull-2020-05-29torneut on it regarding his or her case and how it happened and what activities he or she still engages in. This often, helps the defense to diminish or destroy the otherwise great value of the case.
Make your selection of a personal injury, based upon experience and reputation as well as compatibility. Always make sure you have the comfort factor that lends itself to a good stream of communication with your lawyer. You need a lawyer who will return your calls, have empathy and answer your questions.
I have already hired a personal injury attorney. I should have followed your advice in the beginning. That lawyer does not return my calls and does not guide me as I expect to be guided. I am in need of specialists for my injuries and his staff has not been successful in getting me to the right doctors, who will wait until the settlement, to get paid.
A client can discharge an attorney at any time and for any reason or for no reason at all. When this happens, the new attorney he retains, will generally write to the first lawyer and say that the client thanks him for his services, but the client has made a decision to discharge the first lawyer and hire the new attorney. That letter requests the transfer of the client’s file within a reasonable time. It tells the first attorney that when the case ultimately concludes by settlement or otherwise, that the first attorney will be compensated for his time prior to discharge and that compensation will come out of the single fee per the retainer agreement with the new lawyer. There is no double fee. The client does not owe the first lawyer anything unless and until the new second attorney settles the case further down the line. The two lawyers ultimately agree to divide that single fee and if they are unable to agree, then typically, they will arbitrate the issue of fee division or litigate it in Court. In any event, the potential dispute between attorneys regarding who gets how much, will not impair or delay the client from receiving his share of the settlement or for the doctors (to whom the client) is obligated) from being paid and so the client’s credit is not otherwise impaired. This is a routine process that happens all the time and the client need not ever communicate with the first lawyer any further in any regard. Some clients’ ask if making a change is a good or bad thing to do. The answer is that if it will result in better communication, greater confidence in the new attorney or a better likelihood of the client receiving the needed medical attention (to properly deal with his or her health issues and to properly document the case and enhance the value, then it is the right thing to do and a good thing to do. Just as aa patient who sees a doctor, sometimes sees another doctor for ‘a second opinion” before following the advice of the first doctor regarding a recommended surgery, a personal injury client has that same right to get a second opinion to assure him or her, that his or her case is in fact being handled correctly. Just because the client gets that second opinion, he or she need not make the change in representation, if he or she decides that the best interest of the client is served by staying with the first attorney. Typically, (as with our firm) there is no charge for that second opinion consultation and no charge for even an initial consultation-it is a free look and the more the client knows and understands, the better the decision, he or she will be able to make. Sometimes, when the client waits too long to consult us and to get a second opinion and/or review of the materials in the file of the first retained attorney, is may be too late to change as the damage that may have already been done, may not at a later date be fixable and that damage may forever negatively impact the end result or value of the client’s case. The sooner the better-is always better as more options for the client are generally then available. Not all second opinion consultations will result in a recommendation to change counsel. We often know the difference between good and not so good lawyers and we try to be candid with the client if he or she is in good and capable hands with the client’s current attorney. We welcome your inquiries.nd opinion consultation and no charge for even an initial consultation-it is a free look and the more the client knows and understands, the better the decision, he or she will be able to make. Sometimes, when the client waits too long to consult us and to get a second opinion and/or review of the materials in the file of the first retained attorney, is may be too late to change as the damage that may have already been done, may not at a later date be fixable and that damage may forever negatively impact the end result or value of the client’s case. The sooner the better-is always better as more options for the client are generally then available. Not all second opinion consultations will result in a recommendation to change counsel. We often know the difference between good and not so good lawyers and we try to be candid with the client if he or she is in good and capable hands with the client’s current attorney. We welcome your inquiries.
Any attorney who tells you any amount based upon a first telephone call (and without the benefit of reviewing the available insurance, assets of the person or entity causing the accident, the medical records and billing, the Loss of earnings and potential loss of earning capacity in the future, without seeing the police report, investigating to see the scene, the property damage and speaking to witnesses among other things) is generally just telling the potential client what he or she wants to hear-A BIG DOLLAR AMOUNT. The reality is that when this happens, it is generally a sales pitch that caters to those potential clients that are shopping for a lawyer based upon the highest amount, the client will hear. Anything you hear cannot possibly be more than pure guessing and speculation. Sometimes, no matter how serious the injuries, there is inadequate collectability (assets and insurance) and the old expression “you cannot get blood from a stone” is so true. Sometimes a defendant causing an accident will file a bankruptcy. Sometimes the other party will come up with a witness (real or not) that claims you are the cause of the accident. Often times, a client will not know (in the beginning) if surgery will be needed down the line and the cost thereof. Once a case is settled, it is over forever and cannot be reopened if there will be a subsequent surgery and/or expensive medical bills in the future., Investigation is the key to proving liability of the opposing party and often times, insurance carriers tell the insured to shut up and not speak to us or anybody about the accident. When we have the opportunity to perform full investigation in the very beginning, we are often able to get the statement from the adverse party and likewise able to get statements from potential witnesses, before the other side gets to them. Personal injury cases are not all about justice and certain insurers do not play by the rules of fairness. Whomever gets to the witness first, generally has the best chance in accomplishing our objectives. Sometimes, we learn that the client has had one or more previous accidents with similar injuries as being claimed in the new accident. That may be a benefit in terms of the value of the new case-especially when there was no active treatment or pain before the new accident. Other times, that previous accident can cause the new injury claim to lose value-especially when there is an overlap of treatment or other inconsistencies. Good and experienced personal injury attorneys will know how to use the previous accident/injury to enhance as opposed to detract from the overall value. Likewise, a subsequent accident and aggravation of the injuries from the current accident, can cause the value of the case to drastically change. This is especially so, when there is a surgery needed and it is recommended after the subsequent accident. The insurance carrier will often claim the necessity for surgery has nothing to do with the initial claim and accident, but that if the client needs surgery, it is unrelated and not part of the evaluation of the current accident case. There are so may factors that impact the value of a case. Any lawyer who tells you with certainty that big dollar value, based upon your initial call and without the benefit of doing and learning these mentioned factors and more, may be trying to sell you on retaining him or her, based upon you hearing a substantial dollar value. The truth may be very far from what you are told. Be a skeptic. Ask the right questions. Get answers and then be smart and make the right decision on whom will represent you and not based on any irresponsible speculative big number you are given on the phone. We know how to properly evaluate cases and if and when we have all the necessary information, that is the time-the right time-the appropriate time for evaluation and communication to our clients.
A pedestrian accident is compensable. The fact that a person is (for example) J Walking, does not mean he or she will not be entitled to compensation. There are lots of factors, but an experienced pedestrian accident attorney will know what to do.
Even if you do not have the identity of the owner or operator of the hit and run vehicle, a witness might have gotten the license plate. A thorough investigation and canvassing of the neighborhood, often turns up witnesses and sometimes camera videos where the offending driver can be located. Even when he cannot be found, you may still be compensated though your own vehicle’s Uninsured Motorist (UM) coverage, even though you were a pedestrian at the time of the accident. There are various ways to locate insurance that may provide benefits for the pain and suffering, the medical bills and loss of earnings as well as loss of earnings potential in the future.
What to do if you’re injured in a motorcycle accident
All the same rules apply as to what to do after a motorcycle accident as a car accident. However, there is often a natural prejudice against motorcyclists. A lawyer who has been a rider or whom has had the specialized experience with motorcycle cases, will know what to do. The injuries suffered by motorcyclists are often the most serious and most valuable in terms of compensation.
The answer is yes, BUT, that would not be a wise decision to hire a lawyer without specialized motorcycle experience. My first motorcycle was in the 70s. I thought I knew it all then, but as I became a rider, I learned that there are things about motorcycle accidents, that are not learned in law school. These things can only be really learned by the experience and close calls that come when motorcycles travel on the same roadways as cars and trucks. At our Los Angeles motorcycle accident attorney firm C and M Injury Lawyers, some of our greatest multi-million dollar results have been representing motorcycle riders.
At our law firm, the Los Angeles motorcycle accident attorneys know the answer is clearly NO. There are different types of driver licenses issued by DMV. A driver license a car is NOT what is required to operate a motorcycle. Likewise, a license to operate a car is not the same as what is required to operate certain trucks. There are so many differences. For example, when cars are bumper to bumper stopped on the freeway, we have all seen Motorcyclists split lanes (that is, operate the motorcycle in between the two stopped lanes. Is that legal? Sometimes and some places yes and other times and other places no. The courtesies operators of cars give to other car drivers, is not often the same as the car driver will give to a motorcyclist. While riding motorcycles is a great care free experience, the reality is that there is prejudice against motorcyclists. Not only are there often no courtesies given, but sometimes, car and truck drivers will overtly be disrespectful and often intentionally attempt to hurt the motorcyclist. Having a lawyer who specializes in motorcycle accidents and whom has the true experience of riding, is what is required to relate and sufficiently communicate with your lawyer and to get the right result. Call us for a free consultation.
Why are motorcycle accidents different from car accidents? When a 4,000 or 5,000 car or SUV collides with a 200 pound motorcycle, the degree of injury to the motorcyclist is going to be substantial. Any motorcycle accident lawyer knows this. Occupants of cars are protected by the tons of steel that are on all sides of them. They are protected by lap seatbelts and shoulder harnesses. They are protected by air bags. The motorcycle rider is out there essentially bare and unprotected in all regards. A fender bender car versus car accident that might not cause any substantial injury, has the dynamics and ability to seriously and permanently disable the motorcyclist for the rest of his or her life. That’s why you need the help of a winning Los Angeles motorcycle accident attorney. While there are many different types of car verses motorcycle accidents, one of the most common ones is when the operator of a car, makes a sudden left turn directly into the path of the oncoming motorcycle. The car driver often subsequently remarks to the police, that he or she did not see the motorcycle when the left turn began. People invariable do not see the single headlight of the motorcycle, whether it is daytime or night when the collision happens.