Archive for August, 2010

Do I Really Need to Hire a Car Accident Attorney For My Accident Case?

Tuesday, August 31st, 2010

Unfortunately, car accidents happen every minute of every day. If you live in the state of California then you are undoubtedly aware of this. Whether you live in a large city like Los Angeles or in one of the picturesque towns in wine country, you can’t turn on the television or the radio without hearing about a car accident. If you have been involved in one of these accidents, you will eventually ask yourself whether or not you really need to hire a car accident attorney to represent you in your car accident case. The answer to that question, according to California car accident attorney Emery Ledger of Ledger & Associates, depends on a number of factors. The two most important factors, however, are negligence and damages.

There are situations when you truly do not need to hire a car accident attorney to represent you in a car accident case. When trying to decide whether or not to hire a car accident attorney, the first issue that you should consider is the issue of negligence. Negligence is a legal term that is used to describe fault or blame. In the state of California, the comparative negligence approach is used meaning that more than one party to an accident can be at fault. So the first question you need to ask yourself is whether the other driver is accepting the blame for the accident. If they are accepting some blame then the next question is how much? In order to handle your own car accident case, negligence should be agreed upon by the parties. If the other driver-or more importantly their insurance company- is accepting 100% negligence then you are in a good position to handle your case without the help of a car accident attorney. On the other hand, if the other driver (or insurance company) is not agreeing to negligence, or is only agreeing to partial negligence, then you may need the help of a car accident attorney to settle the issue of negligence. You cannot receive ANY compensation unless the other driver is more at fault then you were in the accident. Additionally, the amount of compensation you receive is directly related to the percentage of negligence that the other driver accepts. For this reason, if negligence is not clear, then you should consult with a car accident attorney.

The second issue that needs to be considered when deciding whether or not to hire a car accident attorney is the value of your injuries or “damages”. “Damages” in a car accident case is the legal term used for the injuries you have received. Damages can be economic such as lost wages, medical bills or car repairs or non-economic such as pain, suffering and anguish. If you suffered only minor injuries and had only minimal car repairs then you may be able to handle the case without the help of a car accident attorney. Make sure, however, that you are thoroughly checked out by a medical professional and that you do not jump at an early offer to settle by the insurance company. Many car accident injuries do not show up for days after the accident. Additionally, some internal or soft tissue injuries that do not seem significant at the time may ultimately cause you a tremendous amount of pain and suffering-not to mention medical bills- down the road. If you have ANY doubt about the extent or value of your injuries, then you should consult with a car accident attorney before accepting an offer to settle.

If you have been involved in a California car accident and would like an experienced car accident attorney to evaluate your case, please contact the law offices of Ledger & Associates for a free consultation. They can be reached at 1-800-300-0001 or you may visit them on the web at www.ledgerlaw.com

Selecting a Motorcycle Accident Attorney

Thursday, August 19th, 2010

During the year 2008 an estimated 96,000 bikers suffered an injury while operating a motorcycle. Given that eighty percent (80%) of all reported motorcycle accidents result in some type of injury or even in death you, as a biker, may find yourself in need of a motorcycle accident attorney at one time or another. The thrill of the open road on a clear day can be very enticing, however, it is important to know that there are a number of hazards on those same roads such as distracted drivers, unsafe road conditions and more often than not simply being unseen by other drivers and being in the wrong place at the wrong time. If you or someone you love has been the victim of a motorcycle accident, you need someone who will fight to get you the compensation you deserve. With the many intricacies of the various motorcycle related laws, as well as the convoluted insurance procedures you need an experienced motorcycle accident attorney to assist you through this difficult time.

A skilled motorcycle accident attorney can help you achieve the settlement you are entitled to, which will offset your losses. The first step in beginning a successful case is to conduct a thorough investigation of the events that lead up to and essentially caused the accident. Your motorcycle accident attorney will seek out the evidence needed to support your claims, such as acquiring medical bills and records, statements for lost wages, if any, obtaining photographs of the scene, locating witnesses, if any, request inspections of vehicle or vehicles involved in the accident as well as for safety equipment used by the biker (i.e. helmet(s), gloves and any other gear worn or used to protect the biker), determine fault for the cause of the accident, and retain experts to testify on your behalf. Once the motorcycle accident attorney has all of the necessary information he/she can then begin to compile an appropriate claim to submit to the insurance company. From this point forward your motorcycle accident attorney will attempt to negotiate a fair and reasonable settlement for your losses. However, if a settlement cannot be reached your motorcycle accident attorney can then discuss with you the possibility of filing a lawsuit and what is entailed with litigating your case should the need arise.

Whether you are in an accident involving another vehicle or an accident involving faulty safety equipment or unsafe road conditions let a motorcycle accident attorney guide you through the numerous details of your insurance claim and legal matters. Your main focus should be on your recovery or attending to your recovering loved one, not battling for compensation. Do yourself a favor and hire an experienced motorcycle accident attorney that will bear the burden of dissecting facts from fiction and recover the money you so clearly deserve. Contact the experienced attorneys at The Law Offices of Ledger & Associates at 800-300-0001 for a free evaluation of your motorcycle accident claim.

Cliffhangers, You Do Not Want to be Caught At One! Off Road Accidents & Injuries

Wednesday, August 18th, 2010

Late afternoon on August 17, 2010 , a fatal solo-vehicle accident took place on California’s Pacific Coast Highway. The driver had veered off the side of the highway and instantly died. Speculations believe that the driver had been texting and/or tweeting on his cellular phone while driving which may have led to the accident. Distracted driving can account for up to 80% of all car accidents that take place, not only in California, but across the nation. Many of the typical car accidents that we witness on a day-to-day basis may take place on freeways, highways, surface streets, or even residential areas. However, some of the most deadly types of car accidents occur where there are very little cars around: on a cliff.

California is acclaimed for its stunning coastline and diverse cultural and geography all the way from Sacramento down to San Diego. Unfortunately, not all parts of California are as picturesque as they may seem. With many unincorporated areas and mountainous regions within the state, it comes with no surprise that every year, thousands of car accidents and car accident deaths are reported as a result of dangers and hazards within these given areas. In order to ensure and maximize your safety when you are driving in these kinds of circumstances, experienced car accident attorney Emery Ledger has a few tips.
Firstly, make sure to inform somebody of your trip and the possibility of the dangerous path on cliffs that you may encounter; this admonishment is especially critical if you intend to drive off road. Therefore, in the unlikely event of an accident, they may be able to call for help in time to reach you. Secondly, it is imperative to follow all traffic signals and signs that may be posted. On windy, up-hill paths make sure to keep your eyes peeled for any warnings of sharp turns that can help you to navigate your drive more smoothly. In a similar light, whenever you are driving but especially when you are taking an unfamiliar, unpopulated road, it is okay to slow your driving speed as to make certain that you are not surprised by any unsuspecting road blockages, oncoming cars, or other sudden changes.
In many cases, accidents that take place on hills and cliffs can be single-vehicle accidents. Yet, regardless of the situation, it is imperative that you contact a California car accident attorney right away. Sometimes, because there are not many cars that go up through these roads, the city or the community responsible for proper signage and clean-up may be negligent which could inevitably cause a serious accident. If so, you may suffer from injuries that could range from whiplash to traumatic brain injuries to broken bones. As a result of another party’s negligence, you may be forced to pay for medical expenses and suffer wage loss for simply being a victim to a motor-vehicle accident.

Therefore, if you or a loved one has been involved in an accident, please contact the experience car accident attorneys at The Law Offices of Ledger & Associates. For a free and detailed consultation please call (800) 300-0001 or visit the website at www.Ledgerlaw.com for more information.

How to Find The Best Personal Injury Lawyer

Tuesday, August 17th, 2010

Have you been hurt in an automobile accident or any other accident due to someone else’s negligence? If so, then you are in need of hiring a personal injury lawyer to help you receive compensation for your injuries. Hiring a personal injury lawyer can be a bit overwhelming. Before you take the leap and hire the first personal injury lawyer you find, you need to consider many different factors. There is no such thing as the same claim; each personal injury claim is different and unique. When researching for a personal injury lawyer be sure that you choose one that will represent you best.

A personal injury lawyer should know the laws for your state like they know the back of their hand. There are clauses and little known facts that you as a victim don’t know but a personal injury lawyer should know and will use to your advantage to help you receive the maximum compensation for your injuries. Insurance companies often try everything in their power to low ball you and bend the law making you feel as though you aren’t owed anything for your injuries. Your lawyer should be ready and willing to fight for you and what is rightfully owed to you.

There are many different ways to find the perfect personal injury lawyer that will work best for you. Word-of-mouth is one form that many people use to refer friends and family members to different law firms. Just keep in mind when following advice via word of mouth to ask plenty of questions because each individual claim is unique. Word of mouth is by the far the most commonly used referral source out there and is the most beneficial because you are able to gain confidence in the decision you are about to make because you have references which will help you in your decision on which personal injury lawyer to hire.

We live in a world of technology so don’t over look what resources you have available to you. Log onto your computer and research the different lawyers that are in your town. I’m sure you’ll find a long list of different candidates each claiming to be the best personal injury lawyer available, check out their individual websites and read any comments about them that others in your community left. Be sure to only look at personal injury lawyers, not a lawyer that handles a variety of cases. You want someone that will put all of their effort and knowledge into your case. Lawyers rely on their office staff to help them go that extra mile; this is another factor that you must consider. By doing research online you are able to view others comments and concerns regarding not only the personal injury lawyer but the office staff as well.

Now that you have done your research you should have found a few different personal injury lawyers that you would like to meet with and discuss your case. A good personal injury lawyer will meet you for a free consultation by telephone or in person and let you know what your chances of receiving compensation are. There are two important questions to ask while you are meeting with your potential lawyer. First off, do they know and understand the Insurance Law and how it affects your case? Secondly, are they willing to take your case to court and fight for you if necessary? If you are satisfied with the answers you have been given and are comfortable with the lawyer and their office staff then you are now able to sit down and sign a contract (retainer agreement) together.

California Personal Injury Attorney Discusses Who Is Responsible In Mesothelioma Cases

Monday, August 16th, 2010

If you have recently been diagnosed with mesothelioma cancer, then among the range of emotions and thoughts that you are undoubtedly wrestling with is the question “Who is responsible for this?” The answer to that question may very well take you back a few decades.

Until the last few decades, mesothelioma was considered a very rare cancer. Over the past few decades, however, mesothelioma diagnoses have increased at an alarming rate. Experts believe that the reason for the increase in people diagnosed with mesothelioma is a combination of better diagnostics and the fact that mesothelioma has an extremely long latency period – sometimes as long as 40 or 50 years. While mesothelioma was once considered a rare form of cancer, its main cause has been known since the turn of the century.

As many as 80-90% of all occurrences of mesothelioma cancer are thought to be the result of exposure to asbestos. As far back as the early 1900’s, doctors noticed a link between patients that had worked around asbestos and early deaths due to cancer of the lungs. For years, the link between asbestos and cancer was kept as quiet as possible due in large part to the fact that so many industries were dependant on asbestos laden materials for their livelihood. Asbestos is a naturally occurring mineral fiber mined from the earth. It was favored by many industries because it is strong, flexible, and resistant to heat, chemicals and electrical conditions. Asbestos was used in over 3000 products that spanned many different industries. Asbestos was turned into a woven form for use in the textile industry, mixed with a binder to make cement products and widely used as insulation for decades. You could also find asbestos in the automotive industry in the making of breaks and even in shipbuilding by the U.S. Navy.

Because of its long incubation period, many of the workers that were employed in industries that regularly used asbestos products in the 50’s, 60’s and 70’s are just now developing symptoms or being diagnosed with mesothelioma. The way asbestos causes mesothelioma is rather simple. Anywhere that asbestos products are being used tends to have asbestos particles in the air. Workers then inhale the asbestos particles. These particles, over time, attach to the mesothelium – a sac of sorts that covers and protects many of out internal organs. As the years pass, those particles begin to change the cells of the mesothelium. As the cells change, they divide and turn into cancerous cells. This process frequently takes place over 20 to 30 years but can take as long as 50 years or more. There is no cure for mesothelioma and the cost of care can be extremely expensive. So who is responsible?

According to California personal injury lawyer Emery Ledger of Ledger & Associates, under the laws of negligence in the State of California, it may be that the manufacturers of the products used or even the employers that were using the products may be responsible. Unlike most personal injury negligence cases, in the case of negligence caused by the use of asbestos, the plaintiff may still file a lawsuit despite that fact that the exposure to the asbestos was decades ago. California law essentially starts the statute of limitations running when you suffer from a disability as a result of the exposure or should have known you were suffering a disability as a result of the exposure. California has taken into account the long latency period of asbestos damage and allowed a mechanism for victims of asbestos exposure to be justly compensated.

If you think that your mesothelioma may be the result of exposure to asbestos in the workplace, contact California personal injury attorney Emery Ledger of Ledger & Associates for a free and detailed evaluation of your situation at 1-800-300-0001 or visit him online at www.ledgerlaw.com.

Bicycle Accidents

Monday, August 16th, 2010

This morning, the New York Times posted an article on their website (Titled “Deadliest for City’s Walker’s: Male Drivers, Left Turns”) sighting New York City as the number one hazardous city for pedestrians. Not only did the article go on to name some of the most dangerous locations for pedestrians to be walking at, but also included statistics indicating the increasing number of pedestrian accidents that have taken place
In a similar vein, Los Angeles is home to one of the largest community of bikers in the nation. With picturesque biking paths along the beach, and the coastline, it is no surprise that millions of individuals take family trips, join competitive teams, and leisurely bike all over the state. However, bikers are not the only commonly used form of transportation in California. With hundreds of millions of cars, as well, California records some of the highest number of bicycle accidents and fatalities each year. Sadly, reckless and distracted drivers are responsible for many of these accidents, and for this reason, California car and bicycle accident attorney Emery Ledger warns of the serious risks for bicyclists and vehicle drivers alike.
From a young age, we are usually taught to take necessary safety precautions: buckle our seat belts, look both ways before crossing, wear a helmet, etc. Unfortunately, what is sometimes unaccounted for is that other drivers may not be taking all of the same precautions. Just by grabbing over to reach for something and taking your eyes off of the road can cause an accident, which can be extremely serious if the other involved parties are pedestrians and/or bikers. The most common accident sites between bikers and vehicles are at intersections, merging lanes, and surface streets. Some drivers may believe that they have the right of away when driving next to a bicyclist and his misleading mindset can cause careless driving resulting in an injury of an innocent pedestrian, biker, or other victim. Bicycle riders can suffer very serious injuries, and sometimes even lead to death. Due to the power of a car, a bicyclist can sustain much larger, fatal injuries such as head injuries, multiple broken bones, permanent disfiguration, possible amputation, and need for surgery. Furthermore, continual treatments for the victim such as visits to the chiropractor and physical therapy can incur a very hefty medical bill. You and your family should not be responsible for paying for these expenses out of pocket, especially when you were not responsible for the accident. Therefore, it is very important to seek out legal counsel immediately following the accident. An experienced bicycle accident attorney can help you recover the compensation you deserve.
If you or a loved one has been involved in a bicycle accident, please contact California bicycle accident attorney Emery Ledger of the Law Offices of Ledger & Associates. Remember that a bicycle rider has the same rights as a truck driver, vehicle driver, or motorcyclist on the road and you deserve to have your rights and concerns voiced. For a free and detailed consultation please call (800) 300-0001 or visit the website at www.Ledgerlaw.com.

Could My California Car Accident Case Go to Trial?

Monday, August 16th, 2010

If you have been involved in a car accident in the state of California and the accident was not your fault, then you may have the basis for a personal injury lawsuit. You may be entitled to compensation for your injuries as well as for your pain and suffering. In many cases, your car accident attorney can obtain a settlement for you without the need to go to court. If your accident was relatively minor and you were not seriously injured, you may be able to settle your case in a matter of weeks. If your car accident was more involved and your injuries more serious, then your accident may take months to settle.

Sometimes though, your car accident attorney is not able to reach an out of court settlement for your case. This may happen because the other driver is not willing to admit negligence (fault) or because you are not willing to accept the amount of money offered as compensation in your case. So what happens if your car accident case is not settled out of court? According to California car accident attorney Emery Ledger, the vast majority of car accident cases are settled out of court, but there are situations when it is in his client’s best interest to go to trial or when there is no other option but to go to trial.

On of the most common reasons that a car accident case is unable to be settled out of court and therefore must proceed to trial is that negligence has not been agreed to. Your car accident attorney can explain the intricacies of negligence in more detail, but basically negligence means fault. In cases where the person, company or entity that you feel is responsible for the accident does not agree that they were negligent, or they do not agree to the extent of their negligence, you will have no choice but to proceed to trial. California uses a comparative negligence approach to car accident cases which means that a party may agree they share SOME negligence for the accident but you may not agree on HOW MUCH. Your car accident attorney may feel that they are considerably more negligent for the accident that they are admitting. In that case, your car accident attorney will need to prove the extent of their negligence at trial.

Another situation in which your case will go to trial is where the amount of damages is not agreed upon. Sometimes the negligent party admits negligence but does not agree to the amount of money you are asking for in compensation for your injuries. The value of your car accident case can depend on many factors and your car accident attorney is in the best position to give you an estimate of its worth. Once your car accident attorney has advised you of the value of your case, he will make a demand of the negligent party for the amount you and he have agreed upon. If you and your car accident attorney are unable to obtain a settlement from the negligent party then you will need to proceed to trial.

If you have been injured in a California car accident and would like a free detailed evaluation of your case, please feel free to contact California car accident attorney Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com