Posts Tagged ‘accident lawyer’

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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Three Areas to Watch For to Avoid a Car Accident

Wednesday, July 7th, 2010

The high-flying action and thrilling chase scenes that we so avidly engross ourselves in masterful productions of various Hollywood studios often reveal reckless driving and unsafe roadway behaviors. Often, it seems inevitable that scenes like these would cause accidents on the freeways as drivers may not have enough time to respond to the oncoming set of circumstances in an unsafe environment. Ironically though, the most common places that the majority of day-to-day accidents do not take place on the freeway. In fact, the majority of car accidents take place in very unsuspecting areas…

Recent studies have compiled data that conclude 52% of all car accidents happen within 5 miles of your home. This staggering number reveals that drivers, who travel to and from home on average of 2-3 times a day, are very comfortable with their neighborhood and often let their guard down as they near their residences. As a result, more than half of all motor vehicle accidents occur when drivers are near, or around their homes. Although all vehicle collisions are serious, residential car collisions could not only injure the drivers and/or passenger(s), but also hit small children or pedestrians who may have been near the site of the accident right before it happened. California car accident attorney Emery Ledger has dealt with thousands of car accident cases and knows how complicated the matter can amount to. In this instance, it is best to immediately contact an attorney who is experienced in car accident and traffic accident cases to protect you from unknown legalities while helping you to recover the most for any damages.

The second most common area for car accidents is parking lots. It is not uncommon for two cars to be backing out of oppositely positioned parking spots, or for a speeding car to swerve around a corner and hit an oncoming vehicle. These are all familiar situations that could be avoided if there were safer precautions taken by all drivers. Fortunately, parking lot car accidents usually occur at low impacted speeds, minimizing bodily and property damages; however, drivers usually sustain soft tissue injuries. Regardless of how, when, or where the accident may have occurred, it is always safest to consult a car accident attorney following the incident.

Following suit, the third most common place for car accidents is on surface streets. Millions of drivers use surface streets on their way to and from work, the bank, and the grocery market. Inevitably, a car accident is bound to occur, and many times it may not be your fault. You may simply find yourself the victim of another driver’s behavior. Many times, those impacted in a car accident may sustain serious bodily injuries and may require medical attention. You should not be force to pay for these expenses out of pocket, especially when you are not at fault.

We understand that being in a car accident is stressful and we want to help you focus on you recover quickly. If you would like to consult a personal injury lawyer regarding your case please contact a professional car accident lawyer from the Offices of Ledger & Associates for more information. Please give us a call at 1-800-300-0001 or visit the website at www.ledgerlaw.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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What Can I Do if I Have Lost A Loved One In A California Motorcycle Accident?

Friday, July 2nd, 2010

Motorcycles are a popular form of transportation as well as being a popular form of leisure time activity in the State of California. According to the California Highway Patrol, there are over one million motorcycles registered in California and many more than come to visit and ride each year. Anyone that rides a motorcycle knows that the risks of serious injury or death are greater on a motorcycle than in a conventional vehicle in the event of an accident. The simple truth is that while a bike affords the rider and passenger a much greater feeling of freedom while riding, that same feeling of freedom also means less protection in an accident. The past few decades have seen massive efforts by both government and private groups to educate the public about the presence of motorcycles on the roads; however the number of serious injuries and fatalities continues to rise on California’s roadways. Each year, 10,000 bikers are seriously injured in California and almost 500 are killed. If you have recently lost a loved one to a motorcycle accident, then you may be able to file as a claimant in a wrongful death action according to California motorcycle accident lawyer Emery Ledger of Ledger & Associates.

Statistics tell us that the vast majority of accidents that involve a biker are actually caused, at least in part, by the driver of the other vehicle. The fact remains that drivers in cars or trucks simply do not see motorcycles on the roadway until it is too late many times. If this was the case in your loved one’s fatal accident, then the other drive may have been negligent. When someone else is negligent and that negligence causes a death, then the surviving family members may be able to receive compensation for the loss of their loved one through a California wrongful death lawsuit. A lawsuit will certainly not turn back the clock and prevent the accident, but if you were emotionally and/or financially dependant on the decedent, then you should receive compensation from the negligent party for causing their death. The amount of compensation that you may be entitled to will vary from case to case, but may include compensation for the loss of future earnings, loss of affection, loss of household support and loss of consortium among others.

Understandably, many people do not want to think about lawsuits and legal matter when they have lost someone close to them. It is important to remember though that there is a time frame within which you must initiate a wrongful death action or you will lose your right to pursue the compensation that you deserve. If your loved one supported you while they were alive, don’t you think they would want you to continue to receive support even though they are no longer with you?

If you would like any additional information or would like to schedule a free and confidential detailed evaluation of your potential California wrongful death motorcycle accident case, please contact the law offices of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com.

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What Happens If My California Accident Was Partially My Fault?

Thursday, July 1st, 2010

If you have been in an accident in California, you may be concerned that you were partially to blame for the accident. This becomes an issue most often in car accidents; however it can apply to many different types of accidents. The good news is that even if you were partially to blame, you may still be entitled to compensation for the injuries you suffered as a result of the accident.

According to California accident layer Emery Ledger of Ledger & Associates, California follows the comparative negligence theory of negligence. In the United States, states are allowed to legislate their own laws, as long as they adhere to the protections afforded by the Constitution of the United States. Historically, states chose to follow one of two theories of negligence – contributory or comparative negligence. Under the contributory theory of negligence, if you “contributed” to the accident in any way, then you were not entitled to ANY compensation for the injuries that you suffered. Many times, this results in a very unfair outcome. Imagine that you were traveling five miles over the speed limit when a drunk driver slammed into you head on. Technically, you were negligent because you were speeding, however most people would agree that you should still be entitled to compensation as your contribution to the accident was extremely minimal. For this reason, all but five states have abandoned the contributory theory of negligence in favor of the comparative approach.

The comparative approach to negligence allows any number of people or entities to share the blame – or negligence –for an accident. Under comparative negligence, all parties to the accident that are determined to be negligent will be assigned a percentage of the blame. As long as your percentage of blame is less than the other parties’ percentage, then you may still be entitled to recover compensation for your injuries. To make comparative negligence easier to understand, imagine the following car accident:

You are driving along the freeway and are speeding about ten miles per hour over the speed limit. The car a few car lengths behind you hits a pot hole in the road and slams into your car. After an investigation, it turns out that the driver of that car was also intoxicated.

There are at least three possible negligent parties in that accident: the driver of the car that hit you, the city or state that was responsible for maintaining the freeway, and you. Your share of the negligence – based on speeding – would likely be far less than the negligence of either the city/state or the intoxicated driver. As an example, let’s say that your share of the negligence was 10%. If your total damages (injuries) totaled $10,000 in that accident, then you would be entitled to receive $10,000 minus the amount that represents your percentage of the negligence. In this case – 10% or $1,000. Therefore, you would still be entitled to collect $9,000 from the city/state and/or the intoxicated driver.

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How Can California Motorcycle Lawyer Help Me Win My Motorcycle Accident Case?

Monday, June 28th, 2010

California is one the most beautiful places to enjoy riding a motorcycle. Not surprisingly, there are over 1.3 million motorcycles registered in the state of California. Whether people are riding for pleasure or for the economy of riding a bike, there are certainly a lot of them riding. Despite efforts by both public and private groups to make other drivers on the road more aware of motorcycles, motorcycles continue to account for a disproportionate number of accidents each year. While bikers represent only 2.1% of all registered vehicles in California, they account for 9.4% of all traffic fatalities in the state. Each year, about 500 people are killed in the State of California in motorcycle accidents and another 10,000 are seriously injured. Sadly, those figures are going up instead of down. If you have been involved in a motorcycle accident, you may be considering hiring a lawyer to represent you. You may also be wondering how a motorcycle accident lawyer can help you in your motorcycle accident case.

While each motorcycle accident case is different, statistics tell us that there is a very good chance the accident you were involved in was not your fault. About 75% of all motorcycle accidents are caused by the other driver. In the majority of those cases, the driver of the other vehicle admits that they simply did not see the motorcycle. If the accident was not your fault, then a motorcycle accident attorney may be able to help you receive compensation that you are entitled to for the injuries that you suffered as a result of the accident. Under the California laws of negligence, if someone else was negligent (at fault) in your accident, then they must compensate you for your physical and emotional injuries that are a result of the accident. A motorcycle lawyer has years of experience handling these claims and is better able to negotiate a settlement for you. While it is true that you may be able to deal directly with the insurance company and they will likely offer you a settlement without the assistance of a lawyer, chances are that they will offer you far less than what you deserve.

Additionally, if your case does not settle – either because the other driver is not admitting negligence or because they are not offering you what your case is worth – then you will have an experienced and knowledgeable litigator at your side fighting for your rights and for the compensation that you are entitled to for the injuries you have suffered. Only a lawyer knows the ins and outs of a trial. Everyone hopes that their case can be settled quickly and efficiently without the need to go to trial, however if a trial is necessary, there is nothing like the feeling that someone is by your side and will lead the way through the process.

If you have been injured in a California motorcycle accident and would like a free and detailed evaluation of your potential motorcycle case, please contact motorcycle lawyer Emery Ledger of Ledger & Associates today for an appointment. He can be reached at 1-800-300-0001 or online at www.ledgerlaw.com

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Who is responsible for My California Accident?

Monday, June 28th, 2010

If you have been involved in an accident in the State of California, 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. First, however, you must determine who was responsible.

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. Under the laws of negligence, you must prove four basic elements in order to be entitled to compensation for your accident. The first element that you must prove is that the defendant owed a duty of care to the plaintiff. The defendant is the person that you believe is responsible for the accident. You are the plaintiff. The relationship between the two of you must have included a duty of care owed to you. This can be shown in many ways. Sometimes, the duty of care is obvious. For instance, if you were the passenger on an airplane – clearly the pilot owed you a duty to be careful flying the plane. In car accidents, the duty of care is often inferred by the simple fact that the other person was operating a vehicle on a public roadway. Each case is fact specific, but must include a duty of care owed to you.

Second, the defendant must have breached that duty of care. Again, sometimes this is obvious. If the defendant was driving while intoxicated for instance, they have clearly breached the duty of care. Other times, it is not so obvious. In the case of products that have caused injuries, it may take months or even years to determine who was responsible for breaching the duty of care, but is the product was defective then SOMEONE breached the duty. Airplane accidents can also take a substantial amount of investigating to determine the reason for the accident. Once the reason has been determined, your lawyer will have a better idea of who was responsible for breaching the duty of care.

The third element necessary for a negligence claim is that the defendant’s breach caused your injuries. The last element is that you show damages. “Damages” is the legal terms used to describe injuries. Damages can refer to property damages as well as physical and emotional injuries.

Once all four of these elements have been met, you and your lawyer are ready to file a personal injury accident lawsuit and recover the compensation that you are entitled to for the injuries that you suffered. If you have been injured in a California accident, then the responsible party is required to compensate you under the laws of negligence in the State of California.

For more information, or to schedule a free detailed evaluation of you accident case, please contact accident lawyer Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com.

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