Archive for the ‘Attorney-Lawyer’ Category
Wednesday, June 23rd, 2010
If you are like most accident victims in California, you are looking for the right lawyer to represent you in your negligence lawsuit. Accidents can happen at any time and take many forms. Common types of California accidents include car accidents, motorcycle accidents, train accidents and airplane accidents. Regardless of what type of accident you were in, if you suffered injuries as a result of someone else’s negligence, then you may be entitled to recover monetary compensation for those injuries from the responsible party or parties. Many victims schedule consultations with a small number of lawyers in an effort to determine which lawyer they feel is the right one to handle their case. Consultations are a great way to get to know your prospective lawyer and to ask any questions that you may have. If you have gotten to the point of scheduling consultations, then you want to be prepared to make the most out of the limit time that you have with the lawyer. The California accident law firm of Ledger & Ledger says that there are a number of things that you can do to prepare for a consultation with an accident lawyer:
1. Bring documents with you. Exactly what documents you may have will differ from case to case and may depend on what type of accident you were involved in, but can include police reports, insurance policies, product warranties and sales receipts. You are better off bringing everything that you think may be useful and let the lawyer decide what he wants to see.
2. Bring medical reports or discharge summaries. If you received any medical treatment after the accident, bring any paperwork that indicates what injuries you suffered and/or what treatment you received or are continuing to receive. Again, more is better if you are unsure what to bring.
3. Prepare a list of questions. Most initial consultations are limited to under an hour so you want to make sure that you ask all the important questions while you are there. What is important to you may be different than what is important to someone else, but common questions are: “How long have you been practicing law?” “What type of cases do you take?” “What is your success rate” and “What are your fees”. You may also want to ask practical questions about where their offices are located, how you will be able to communicate with them and what hours they are available for appointments.
By preparing yourself for your consultation with a California accident lawyer, you will get the most out of the consultation and the lawyer will be in a better position to answer your questions and evaluate your case.
If you are in need of a California accident attorney, please call the law offices of Ledger & Associates and make an appointment for a free and detailed evaluation with accident lawyer Emery Ledger. With over a decade of experience in all types of accident cases, attorney Ledger can answer all of your accident case questions. The law firm can be reached online at www.ledgerlaw.com or by calling 1-800-300-0001.
Tags: accident, accident attorney, accident case, accident cases, accident law firm, accident lawyer, accident victims, accidents, airplane, airplane accident, airplane accidents, amp, attorney, attorney ledger, california accident lawyer, car accident, car accidents, cat, compensation, consultation, dents, emery, emery ledger, insurance, juries, law, law offices, lawsuit, lawyer, lawyers, Ledger, ledgerlaw.com, medical treatment, monetary compensation, motorcycle accident, motorcycle accidents, Negligence, plane accident, police reports, responsible party, schedule, train accident, train accidents
Posted in Attorney-Lawyer | No Comments »
Wednesday, June 16th, 2010
If you have recently lost your spouse, parent or other loved one as a result of mesothelioma cancer, you are not alone. What was once considered a very rare form of cancer has seen a sharp rise in prevalence in the last few decades. Experts point to the thousands of products that were produced with heavy amounts of asbestos in them during the last century as the main reason for the increase in mesothelioma cancer.
The link between asbestos and illness or even death has been known since the turn of the century. Sadly, no one did anything to limit workers’ exposure to the deadly asbestos dust particles until the 1980’s. In the meantime, millions of American workers in the auto industry, textile industry and construction industries were exposed to asbestos dust on a daily basis. For many workers, the exposure went on for decades. Millions of unsuspecting workers went to work every day for years not knowing that the very air they were breathing might cause them to die of mesothelioma cancer years, even decades, later. The risk associated with asbestos dust was sometimes even transferred to family members that lived in the same house when the dust was brought home on the worker’s skin or clothing.
Now, decades later, we are seeing a sharp increase in the number of people diagnosed with mesothelioma cancer. Doctor’s agree that the single biggest risk factor for mesothelioma cancer is previous exposure to asbestos – generally in the workplace. So where does that leave you if you have lost your spouse or another family member to this horrible cancer? Under the laws of the State of California, you may be entitled to file as a claimant in a wrongful death lawsuit, says attorney Emery Ledger of the mesothelioma law firm Ledger & Associates. As a claimant in a wrongful death lawsuit, you may be entitled to compensation for the loss of your loved one. Under the California wrongful death statutes, you may be entitled to compensation for the loss of financial and/or household support as a result of the death of your loved one. Whether your loved one worked outside of the house or inside the house, if you were dependant on their support to make your household run, then you may be entitled to compensation for that loss. You may also be entitled to compensation for the loss of love, comfort, companionship, affection, moral support, solace and consortium (if applicable). The exact value of your California wrongful death claim will depend on a number of factors including the age and health of the decedent aside from the cancer, your age and life expectancy, the length and type of relationship you had with the decedent and many other factors. Only an experienced California mesothelioma lawyer can evaluate your specific case and advise you what it may be worth.
If your loved one lost his life as a result of someone else putting him in harms way, then they should be held accountable. Remember that there is a limited amount of time within which to file a claim under California law so time is of the essence. Contact a mesothelioma law firm today.
Tags: california law, claim, claimant, companionship, compensation, death lawsuit, decedent, family members, law, lawsuit, lawyer, Ledger, ledgerlaw.com, Mesothelioma, Mesothelioma lawyer, risk, state of california, wrongful death, wrongful death case, wrongful death claim, wrongful death law, wrongful death laws, wrongful death lawsuit
Posted in Attorney-Lawyer | No Comments »
Tuesday, June 15th, 2010
If you have suffered injuries as a result of a California accident, then you may be entitled to compensation for those injuries. Accidents happen everyday, but sometimes someone’s negligence played a part in the accident. Accidents may happen while driving your car, flying in an airplane, crossing the street or simply doing your job. Regardless of the type of accident you have been involved in, you may have a valid California accident case. Exactly how that case will ultimately be resolved may depend on a number of factors, but it will likely be resolved by either reaching a settlement agreement with the responsible party (or parties) or by proceeding to trial and letting a jury decide how much to award you. So what are the differences between accepting a settlement agreement and going to trial?
There are two main reasons that a California accident case may not be settled prior to going to trial. The first reason is that the responsible party has not accepted fault – or negligence in legal terms. In order to reach a settlement agreement, the responsible party must admit that they were negligent in the accident. In other words, they must admit that their actions – or inactions – caused or contributed to the accident. In some cases, negligence is not obvious and the defendant does not want to agree that they were at fault. They may also agree that they were partially at fault but you have a difference of opinion as to the level of their fault or negligence. Your lawyer cannot force the defendant to accept fault and admit negligence. If they are unwilling to do so, then a settlement agreement cannot be reached and your case will need to proceed to trial to allow the jury to decide who was at fault.
The other big reason that you may not be able to reach a settlement agreement in you California accident case is that you cannot agree on the amount of compensation. Sometimes the responsible party agrees that they were negligent, but is unwilling to agree on the amount of compensation that you are asking for in your settlement demand. You should always consult with your accident lawyer before deciding on a reasonable amount to ask for in your accident case, but you are not obligated to settle for any particular amount. Your lawyer will advise you as to what he believes a jury is likely to award you if you proceed to trial and then you will decide whether to accept what the defendant is willing to pay or proceed to trial and let the jury decide how much to award you.
Remember that if your case proceeds to trial, then the jury will decide all issues that have not been agreed upon by the parties in advance. This means that they will decide whether the defendant was negligent at all and if so how much the defendant’s negligence contributed to the accident. They will then be the sole decision makers as to how much compensation you are entitled to. A trial can leave you with nothing or with much more compensation than the defendant was offering. It is always best to consult with you California accident lawyer before making the decision to take your case to trial.
If you would like more information or a free detailed evaluation of your California accident case, please contact California accident lawyer Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com.
Tags: accident, accident attorney, accident case, accident lawyer, accidents, california accident lawyer, compensation, defendant, dents, difference of opinion, emery, emery ledger, fault, juries, law, lawyer, Ledger, ledgerlaw.com, legal terms, Negligence, offer, responsible party, settlement, settlement agreement
Posted in Attorney-Lawyer | No Comments »
Sunday, June 6th, 2010
Victims of the oil spill may include:
- Companies and individuals involved in the commercial fishing, oyster and shrimping industry;
- Companies and individuals involved in the seafood processing/packaging industry;
- Dock and Marina owners/operators;
- Commercial and private boat owners;
- Waterfront property owners and restaurants;
- City, County or State governments.
Tags: attorneys, bp, BP Oil Spill, commercial fishing, lawsuits, marina owners, oil spill, oil spill lawyers, restaurants, shrimping industry, waterfront property owners
Posted in Attorney-Lawyer | No Comments »
Saturday, June 5th, 2010
If you are suffering from mesothelioma, then you may already have some idea of how expensive the treatment will ultimately be. As with most cancers, there is no known cure for mesothelioma. Doctors can aggressively attack the cancer with drugs, radiation and chemotherapy as well as alternative medicines and cutting edge therapy, but the survival rate is not high and the cost of that treatment can be exorbitant.
Mesothelioma was once considered a very rare form of cancer that attacks the mesothelium – a sac that surrounds and protects many of our internal organs including our lungs. In recent years, the number of mesothelioma diagnoses has risen dramatically with even more cases expected to surface over the next couple of decades. The reason for the rise in cases over the past couple of decades is that unlike most cancers, mesothelioma has an extremely long latency period – in some cases as long as 50 years. The cancer’s long latency period means that the patients being diagnosed today were most likely exposed to asbestos in their work environment decades ago. While it is possible to develop mesothelioma without exposure to asbestos, doctors and scientists all agree that the biggest risk factor for developing the cancer is asbestos exposure. As many as 90% of all mesothelioma cases can be traced back to asbestos exposure.
The cost for treatment of mesothelioma can run over one million dollars. The cancer fighting drugs that are used to try and combat the cancer can cost over $5,000 per round of treatment. Gene therapy, another possible treatment for mesothelioma patients can run from $150,000 to $950,000 with no guarantee of success. Clearly, the cost to the patient for treating mesothelioma can quickly exceed what many people earn in a lifetime. Why should you be responsible for paying the cost to treat a disease that was likely caused by the negligence of someone else?
The laws of California allow victims to sue a negligent party for injuries and damages caused by that negligence. According to California personal injury lawyer Emery Ledger of Ledger & Associates, California law has a special statute dedicated to victims of asbestos related injuries. Under the asbestos statute, victims of asbestos related injuries may file a lawsuit up to one year after suffering from a disability related to the asbestos or within a year after they reasonably should have known they were suffering from a disability related to the exposure to asbestos. What this means for mesothelioma sufferers is that even if your exposure to the asbestos was 30 years ago, if you have just now been diagnosed with mesothelioma, you may still be able to file a lawsuit against the manufacturers of the products that contained the asbestos or your employer – both. If you are successful in your lawsuit, you may receive compensation for your injuries and your pain and suffering. Under California law, a negligent party can be held responsible for all the medical bills associated with the injuries that they caused which would go a long way in easing the burden on you – the victim.
If you believe that you are a victim of asbestos related mesothelioma and would like to explore your legal options, contact California personal injury lawyer Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit his website at www.ledgerlaw.com.
Tags: asbestos claim, attorney, california law, compensation, damages, emery, emery ledger, injury, juries, law, lawsuit, lawyer, Ledger, ledgerlaw.com, legal options, lungs, medical bill, medical bills, Mesothelioma, mesothelium, Negligence, options, pain and suffering, Personal Injury, personal injury attorney, personal injury law, personal injury lawyer, suffering
Posted in Attorney-Lawyer | No Comments »
Friday, June 4th, 2010
Mesothelioma is a type of cancer that occurs when the cells of the mesothelium become abnormal and start to divide out of control. The mesothelium is essentially a protective sac that covers and protects many of your internal organs. While mesothelioma was once considered a very rare type of cancer, it has become more prevalent in the past few decades. Doctors and scientists attribute that fact that they are seeing more cases of mesothelioma to the fact that millions of workers were exposed to asbestos in decades past as part of their work in construction, textile, automotive and other trades. Although scientists were aware of a potential connection between exposure to asbestos and cancer as early as the beginning of the 20th century, regulations were not enacted until the 1980’s to protect workers from inhaling the potentially deadly particles.
One of the unique characteristics of mesothelioma, and what makes it most troublesome, is that there can be a lapse of 20 to 30 years from the time you are exposed to asbestos and the time symptoms appear and a diagnosis is made. So what can you do if you have recently been diagnosed with mesothelioma and you believe that the cause may be exposure to asbestos in your work environment many years ago?
Normally, tort claims (injury claims) must be commenced within two years from the date of the injury or incident under California law, according to mesothelioma lawyer Emery Ledger of Ledger & Associates. In the case of exposure to asbestos, however, the statute of limitations (time within which you must file a lawsuit) works a little differently in order to take into account the very long incubation period of the cancer. California Code of Civil Procedure Section 340.02 reads as follows:
(a) In any civil action for injury or illness based upon
exposure to asbestos, the time for the commencement of the action
shall be the later of the following:
(1) Within one year after the date the plaintiff first suffered
disability.
(2) Within one year after the date the plaintiff either knew, or
through the exercise of reasonable diligence should have known, that
such disability was caused or contributed to by such exposure.
.
What this means for anyone that has recently been diagnosed with mesothelioma is that they may still be able to file a lawsuit for the injuries they have suffered or are continuing to suffer as a result of exposure to asbestos. If you were exposed to asbestos in the workplace, you may be entitled to receive compensation from your employer or the manufacturer of the products that contained asbestos. As you may already know, the cost of treating mesothelioma can be quite expensive. If your illness was caused by exposure to asbestos, shouldn’t the culpable party be held accountable and at least help to pay for your treatment?
If you have additional questions about your legal options, please contact California mesothelioma lawyer Emery Ledger at Ledger & Associates. Schedule your free detailed evaluation by calling 1-800-300-0001 or visit him online at www.ledgerlaw.com.
Tags: asbestos, california code of civil procedure, california law, civil procedure section, claim, compensation, culpa, deadly particles, doctors, emery, emery ledger, injury, injury claim, juries, law, lawsuit, lawyer, Ledger, ledgerlaw.com, legal options, Mesothelioma, Mesothelioma lawyer, mesothelium, plaintiff, statute of limitations, text, tort claim, type of cancer
Posted in Attorney-Lawyer | No Comments »
Tuesday, May 18th, 2010
If you have lost a loved one through the negligence or other intentional wrongful act of a person or persons, then you may be entitled to file a wrongful death or survivor action in the State of California. So what are these two types of actions and how are they different?
A wrongful death action is governed by California Code of Civil Procedure Section 377.60 and is filed by one, or more, of the heirs of the decedent. The heirs that are qualified to file are generally close family members such as spouse, children, parents or heirs of those family members. The theory behind a wrongful death action is that the heirs have the right to file for compensation for the future support that they would have received from the decedent had he lived. They may also recover for non-economic losses such as loss of companionship, support and consortium. While these are called “non-economic” losses, they are compensated in monetary terms. The computation of damages in a wrongful death action is very complicated and must take into account numerous factors such as the earning capacity of the decedent at the time of death, future earning capacity, age and health at time of death and contribution to the support of the household. What are NOT taken into account in a wrongful death action are any damages suffered by the decedent prior to his actual death. In other words, if the decedent did not die immediately, any damages that the decedent suffered are not compensable in a wrongful death lawsuit. Additionally, punitive damages cannot be awarded in a wrongful death lawsuit.
A survivor action is governed by California Code of Civil Procedure Section 377.30 and is filed in the name of the deceased by a living representative. Any compensation won in a survivor action is then paid to the heirs of the decedent through the decedent’s estate. A survivor action is intended to compensate the decedent for damages suffered by the decedent before death. In other words, if the decedent was in an automobile accident and was not killed immediately on impact, then any time that the decedent lived from the moment of impact until death is compensable. The time of survival can be only seconds or months in theory. The important issue in a survivor action is whether the decedent survived for ANY period of time after the incident or accident that gave rise to the death happened. Damages in a survivor action are limited to damages actually suffered by the decedent such as medical bills prior to death; however punitive damages can potentially be awarded in a survivor action if it can be proven that the Defendant’s conduct was willful, wanton, reckless or malicious. This is a significant difference between a wrongful death action and a survivor action.
If you have suffered the loss of someone close to you and would like additional information on your legal options, please feel free to contact the California law firm of Ledger & Associates for an appointment with attorney Emery Ledger. The lawyers at Ledger & Associates have been fighting for victims and their rights for over a decade and would be happy to sit down with you for a free and confidential detailed evaluation of your case. They can be reached at 1-800-300-0001 or online at www.ledgerlaw.com
Tags: accident, attorney, attorney emery ledger, auto, automobil, automobile accident, california attorney, compensation, damages, deceased, decedent, defendant, emery, emery ledger, family members, killed, law, lawsuit, lawyer, Ledger, ledgerlaw.com, legal options, loss of companionship, losses, medical bill, medical bills, Negligence, options, punitive damages, time of death, wrongful death, wrongful death law, wrongful death laws, wrongful death lawsuit
Posted in Attorney-Lawyer, Wrongful Death Lawyer | No Comments »
