Posts Tagged ‘accident law firm’

California Car Accident Attorney Explains Negligence

Thursday, August 12th, 2010

If you have had the misfortune to be the victim in a California car accident then you should understand how the laws of negligence work in the state of California. Negligence is a legal term that essentially means fault or blame. In order to collect compensation for a car accident case in the state of California the other person must have been “negligent” according to California car accident attorney Emery Ledger of Ledger & Associates.

The laws of negligence can vary from state to state which is why it is always in your best interest to consult with a car accident attorney immediately after you have been involved in a car accident. In general, there are two theories of negligence that a state can follow – comparative and contributory. Contributory negligence is only used by a small handful of states at this point. Contributory negligence basically bars you from receiving ANY compensation at all for your injuries of you contributed AT ALL to the accident. As you can see, this approach to negligence can produce some very unfair results. For instance, if a drunk driver plowed into your vehicle and left you crippled for life, you could potentially not receive ANY compensation for your injuries if you were speeding five miles an hour over the speed limit.

Not surprisingly, car accident attorneys favor the more reasonable approach of contributory negligence. California is one of many states that use the contributory negligence approach to car accidents. Under the theory of contributory negligence, all parties involved in the accident are assigned a percentage of the negligence or blame for the accident. In other words, if there were three cars involved in the accident then all three could share a portion of the blame for the accident. Maybe car number one was 80% responsible, car two 15% and car three 5%. What is important is whether YOUR share of the blame is less than the other entities involved in the accident, says California car accident attorney Emery Ledger. If you share a portion of the blame for the accident then your ultimate monetary compensation award may be reduced by the percentage of negligence that was yours. For instance, if you were 5% negligent in the accident and your total award is $10,000 then your compensation award will be reduced by 5% of $10,000 – or $500.

While contributory negligence certainly allows more victims to receive well deserved compensation, it can also complicate the legal aspects of a car accident case. When multiple participants are involved in the accident, deciding negligence can become very difficult and is best left to a car accident attorney. Only an experienced California car accident attorney can look at the facts of your specific case and give you some idea who may be responsible and what your chances are of being compensated for you injuries. If you would like an experienced California car accident attorney to evaluate your case and provide you with a detailed analysis, please feel free to contact the car accident law firm of Emery & Associates at 1-800-300-0001 or visit their website at www.ledgerlaw.com.

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Proper Compensation For Your Airplane Accident Claim

Sunday, July 11th, 2010

Understandably, one of the first questions that California airplane accident lawyer Emery Ledger of Ledger & Associates gets asked by the victim of an airplane accident is “How much is my case worth?”. For those that have been injured, physically or emotionally, in an airplane accident, the question of compensation eventually becomes important. As hospital, medical and therapy bills start to add up victims begin to wonder who is responsible for them and how they will be paid. While it is impossible to place a value on an airplane accident case without specific details of the case, it is possible to explain what type of compensation you may be entitled to and under what conditions.

Before a value can be placed on your airplane accident case, a determination of negligence must be made. Negligence is basically a legal term meaning fault or blame. In order for your airplane accident case to have ANY value, someone (a person or entity) must have been negligent in the accident. Statistics tell us that as much as 75% of the time airplane accidents are caused by pilot error, mechanical failure or a combination of the two. The significance of this is that statistically speaking, there is a good chance that negligence was involved in your airplane accident. Once your airplane accident lawyer has reviewed and researched your case and made a determination of negligence, then you can begin to determine the value of your case.

Under California law, you may be entitled to both economic and non-economic damages. Economic damages are things like medical bills, hospital bills, property damage and lost wages. These bills are usually easy to calculate and provide proof of for valuation purposes. Non-economic damages, on the other hand, are much more subjective and open to debate and negotiation. Non-economic damages in the State of California can include pain and suffering, loss of use, disfigurement, disability, mental anguish, humiliation, loss of love, support and companionship and emotional distress. These damages are much more difficult to value. While they do depend to some extent on the actual physical injuries that you suffered, in airplane accidents in particular you may have suffered very serious emotional or mental damages that far exceed the physical damages that you suffered. With good reason, a victim of an airplane accident may suffer post traumatic stress disorder or a variety of other emotional injuries as a result of the accident that can affect them for the rest of their life. This is where your airplane accident lawyer comes in. It is his job to assess all of your injuries – both physical and emotional – to determine what your airplane accident case is worth. While many airplane accident cases are settled before they ever get in front of a jury, the bottom line is that your case is worth whatever you and your lawyer can convince a jury that it is worth. For that reason, selecting an experienced  airplane accident lawyer is a crucial part of determining the value of your airplane accident case.

If you would like a free detailed evaluation of your specific airplane accident case, please feel free to contact the  airplane accident firm of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com

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What if I Was Partially to Blame in My California Motorcycle Accident?

Friday, July 9th, 2010

Motorcycle accidents happen all the time and under an infinite number of circumstances in the state of California. While there are times when an accident is 100% the fault of the other driver, it is more likely that the accident was a combination of events and that both drivers may share some of the blame for the accident. According to California motorcycle accident lawyer Emery Ledger of Ledger & Associates, many people come into his office under the impression that if they did anything at all to contribute the accident that they are barred from receiving compensation for their injuries. Luckily for bikers in the state of California that is just not so.

Negligence is the legal word used to describe fault or blame in an accident. States are allowed to determine what theory of negligence they use when litigating accident cases. There are two basic theories of negligence: contributory negligence and comparative negligence. Under the contributory theory of negligence if you contributed AT ALL to the accident then you are barred from receiving any compensation at all for your injuries. As you might imagine, this theory of negligence can produce for very unfair results. If a plaintiff was seriously injured in an accident with medical bills of $100,000 but was 2% responsible for the accident, then they would receive nothing toward their bills much less any pain and suffering compensation. Luckily, in California, the comparative theory of negligence is used. Under the comparative theory of negligence, the negligence of all parties involved is considered and each party is assigned a percentage of the total fault. A plaintiff’s recovery amount is then diminished by their percentage of fault. In the example above under the California system of negligence the plaintiff would be entitled to the $100,000 minus 2% – or $2,000 – making their award $98,000. The comparative system of negligence allows for a much fairer outcome for injured victims.

As you can see, if you were involved in a California motorcycle accident and you share some of the fault for the accident, that may not mean that you are barred from recovering anything for your injuries. Determining negligence in a motorcycle accident can be a complicated process and one that is heavily litigated at times. If you feel that negligence is an issue in your motorcycle accident case, then you should consult with an experienced California motorcycle accident attorney as soon as possible. With the help of an experienced accident lawyer, you may be able to resolve the issue of negligence in your favor which would make you eligible to receive compensation for the physical and emotion injuries that you suffered in your accident.

If you have additional questions about negligence or any other motorcycle accident related questions, please contact the California motorcycle accident law firm of Ledger & Associates. You can make an appointment for a free and detailed evaluation of your case by calling 1-800-300-0001 or by contacting them online at www.ledgerla.com.

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Accident Case Valuation, What Is My Case Worth?

Monday, July 5th, 2010

If you have been involved in an accident you may be entitled to compensation for the injuries you sustained in the accident. Accidents come in many forms: car accidents, airplane accidents; train accidents; motorcycle accidents; pedestrian accidents and many more. Regardless of what type of accident you were involved in, if someone else was negligent, you may be entitled to compensation to cover your medical bills, lost wages, pain and suffering and other things associated with the accident.

According to California accident lawyer Emery Ledger of Ledger & Associates, accidents in the State of California are covered under the laws of negligence. Negligence is basically a legal term that means fault or blame. While the specific facts surrounding each accident will differ, the general manner in which compensation is determined is the same in each type of accident case. The first step in your accident case will be for you and your lawyer to determine who was negligent. There may be more than one person, entity or municipality that was negligent in your accident. In airplane accidents, for example, it is not uncommon to find that the pilot and the airline were both negligent. In car accident cases, there are frequently multiple vehicles involved in the accident – especially on some of California’s congested freeways!

Once you and your accident lawyer have determined who was negligent in your accident, then you must begin to assess damages. “Damages” is a legal term that is used to describe injuries. In California, you may recover economic damages as well as non-economic damages. Your accident lawyer can give you a more detailed list of each type, but basically economic damages are things like property damages, lost wages and medical bills while non-economic damages address the emotional impact of the accident. You and your lawyer will keep close tabs on your medical progress and when you get to a point where your medical providers feel that they can give you an accurate diagnosis and future prognosis, then you will begin to get an idea of what you accident case is worth. The value of your case will be a combination of economic and non-economic damages. Your economic damages are relatively easy to assess, however even those can sometimes be tricky if it appears that you will need continued treatment or will continue to suffer from the injuries well into the future. Your non-economic damages are much more subjective in nature. They will, to some extent, be dependant on the extent and severity of your physical injuries, but non-economic damages are highly case specific.

In the end, your accident case will depend greatly on the facts of your case. Understanding how compensation is computed is only the beginning of the answer to the question. Your best bet is to consult with a California accident attorney and get a detailed evaluation of your unique and individual case. If you would like to schedule a free evaluation with the California accident law firm of Ledger & Associates, please contact them at 1-800-300-0001 or through their website at www.ledgerlaw.com.

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Truck Driver Fatigue Results in Accidents

Tuesday, June 29th, 2010

All of us have been on the road at some point in time with the big trucks. Sharing the road with semis is something that all of us accept if we spend any time at all on America’s highways. Trucks are still one of America’s main forms of transportation for commercial good and products. Without them, and the drivers that are willing to pass their days over the road, we would not have the variety of produce, meats, clothing and household goods that we enjoy today. The truth is that we are dependant on these rolling behemoths to bring us the goods and products that we use every day. What do who know though about who is driving these trucks and whether or not they are taking required safety precautions? What happens when one of the drivers pushes their body too far – past the point at which the body must rest?

The fact is that each year truck accidents kill over 5,000 people and injure another 150,000 on America’s highways. According to one report, one in every four multiple-vehicle accident involves a large truck. Large trucks are involved in vehicular accidents twice as often as passenger vehicles resulting in over 800 drivers of large trucks dying each year. Despite the stringent requirements for obtaining a commercial driver license, it appears as though truck drivers are still involved in a disproportionate number of accidents each year. Commercial truck drier’s are required to complete a rigorous hands on training school as well as pass background checks, drug test, driving tests and written tests before they can obtain a commercial driver license. So why are these highly trained and screened drivers still getting into accidents?

One of the leading causes of truck driver accident is fatigue. The Federal Motor Carrier Safety Administration (FMCSA) is charged with overseeing large trucks on American roadways. The FMCSA tells us that in recent years, as many as 750 people were killed and another 20,000 injured as a direct result of driver fatigue. Long hours on the road can take its toll on a driver. Although the federal government has set strict regulations regarding the number of hours a driver can spend on the road, drivers continue to reach the point where fatigue takes over and they loose control for that split second-just long enough to cause an accident. In a passenger vehicle, if you start to lose control you can generally gain back the control rather easily if you react quickly enough. In a large truck, however, once you start to lose control getting it back may be impossible due to the sheer size and weight of the truck. As a result, thousands of Americans are injured or killed each year due to the negligence of a driver that was simply too tired to drive.

Whether the driver himself made the decision to keep on truckin’ or whether his employer was pushing him on, the bottom line is that if you were involved in an accident with one of these “kings of the road” and you believe that accident may have been caused by fatigue, then you may be entitled to compensation for any injuries that you suffered. Contact the California truck accident law firm of Ledger & Associates at 1-800-300-0001 or visit them online for more information at www.ledgerlaw.com.

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How to Get the Most Out of Your Consultation with a California Accident Lawyer

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.

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California Attorneys Combat Myths and Discuss Severity of Traumatic Brain Injuries

Monday, June 14th, 2010
Myth: Mild Traumatic Brain Injuries (TBI) Are not serious or disablingAccording to the National Institute of Health (NIH), this myth is false and can cause dangerous repercussions for individuals who do not take the proper action following a traumatic accident. In fact, the NIH claims that consequences of TBI include dramatic changes in the individual’s life course. This can go so far as to disrupt the dynamic of a family or catalyze enormous loss of income or earning potential and large expenses over a lifetime.

Unfortunately, traumatic brain injuries occur every day, with approximately 1.4 million individuals who sustain such injuries each year.  Emerging from this number, fifty thousand victims will die each year from TBI, with an additional 300,000 who are hospitalized, and 1.1 million who are treated in emergency care. This staggering number reveals that, on average, an accident involving a brain injury occurs every 22 seconds with the largest demographic of patients that suffer from traumatic brain injuries are children under the age of 10.

Brain injuries are unlike any other injury because brain injuries can occur on a microscopic level, many times unable to be detected by CT scans, EEGs, and X-Rays. However, despite the lack of physical evidence, brain injuries have serious consequences. Approximately half of injured patients will receive some sort of surgical repair or removal following the incident. In the United States alone, costs of TBI reach upwards of $56 billion each year (as estimated by the California Brain Injury Association). Clearly, the cost to the patient for treating a traumatic brain injury can end up costing more than what many people may earn in a lifetime. At an estimated 50%, victims suffer TBI’s as a result of motor vehicle accidents, physical blows, and assaults – which results in innocent civilians being brutally harmed. Why then, should you be responsible for paying the cost to treat your injury? Shouldn’t the party at fault be held responsible for their actions? Many patients are simply victims that find themselves in the wrong place at the wrong time and are sometimes forced to deal with physical side effects and symptoms that can be prolonged for years. Moreover, the social consequences of mild, moderate and severe TBI are many and serious, including increased risk of suicide, divorce, chronic unemployment, economic strain and substance abuse.

The laws of California allow victims of brain injuries to sue a negligent party for damages caused by such negligence that may have resulted in their brain injuries. More so, victims or individuals suing on behalf of their loved ones deserve to be fairly compensated for their pain and losses. Our attorneys will determine who wrongfully caused such injury and help to recover compensation that may include:

  • Medical bills
  • Lost wages
  • Rehabilitation therapy
  • Pain and suffering
  • Permanent disability
  • Other accident related expenses

For any additional questions or information regarding traumatic brain injuries, please contact California personal injury lawyer Emergy Ledger of Law Offices of Ledger & Associates at 1-800-300-0001 or visit his website www.LedgerLaw.com.

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