Posts Tagged ‘auto’
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.
Tags: amp, asbestos, attorney, attorney emery ledger, auto, california law, cancerous cell, cancerous cells, deaths, doctors, emery, emery ledger, esto, injury, law, lawsuit, lawyer, Ledger, ledgerlaw.com, lungs, Mesothelioma, Negligence, negligence cases, Personal Injury, personal injury attorney, personal injury law, personal injury lawyer, plaintiff, ploy, state of california, statute of limitations, suffering, text
Posted in Attorney-Lawyer | No Comments »
Wednesday, June 9th, 2010
Airplane travel has certainly come a long way and is considered relatively safe by most people. In fact, your chances of being involved in an airplane accident are generally thought to be much lower than your chance of being involved in any other type of transportation accident. Having said that, airplane accidents do still happen and when they occur, the consequences can be tragic.
Despite huge advances in airplane construction and safety over the past few decades, airplane accidents continue to occur. Airplane accident statistics break down accidents into three phases: takeoff, cruise and landing. Those statistics tell us that only about 8% of all airplane fatalities happen during the cruise phase of flight. Almost half of all fatal airplane accidents happen during descent and landing with the remaining 40% or so happening during takeoff or initial climb. Interestingly, it is during these two phases of flight that the pilot is most responsible for the plane. With the advent of auto pilot and computer run navigation systems, many large planes practically pilot themselves during the cruise phase of flight. It is during the initial takeoff, ascent, descent and landing that the pilot still must be responsible for controlling the airplane.
Not surprisingly, those same airplane accident statistics tell us that 50% of all airplane accidents are attributable to pilot error. When that percentage is combined with the 25% of all airplane accidents that are solely attributable to mechanical failure, one realizes that a full 75% of all airplane accidents could have been – and should have been – avoided. Piloting any airplane is an incredible stressful job and carries with it a huge responsibility to the passengers of the airplane. No one is perfect – people make mistakes. A mistake in a commercial airplane, however, can cost hundreds of people their lives. So where does that leave the surviving family members when an airplane accident takes the life of a loved one?
Under the laws of the State of California, surviving family members may be entitled to file a wrongful death action against the negligent party or parties in the accident, says California airplane accident lawyer Emery Ledger of Ledger & Associates. If the pilot was at fault for the accident, as is frequently the case, you may be able to file a claim against not only the pilot but the airline for which the pilot worked as well. They may be negligent by virtue of the fact that the pilot was employed by them. If mechanical failure was to blame – the second most common cause of airplane accidents – you may be able to file a claim against the manufacturer of the airplane itself. Consult with a California airplane accident lawyer as soon as possible to determine what your legal options are. If the pilot, airline or manufacturer was negligent and that negligence caused the death of your loved one, then they should be held responsible and you should be compensated.
For a free and confidential detailed evaluation of your California airplane accident case, please visit the airplane accident law firm of Ledger & Associates online at www.ledgerlaw.com or call for an appointment at 1-800-300-0001.
Tags: accident, accident case, accident lawyer, accident stress, accidents, airplane, airplane accident, airplane accidents, amp, at fault, auto, claim, consequences, dents, emery, emery ledger, family members, fault, law, lawyer, Ledger, ledgerlaw.com, legal options, navigation system, Negligence, options, pilot error, plane accident, surviving family, wrongful death
Posted in Aviation Accident Lawyer | No Comments »
Wednesday, June 2nd, 2010
Mesothelioma is a very rare, but very aggressive form of cancer. Scientists are still studying the exact mechanism that takes place inside our bodies to cause the cancer, but almost everyone agrees that the largest risk factor for being diagnosed with malignant mesothelioma is past exposure to asbestos. Although doctors and scientists have known of the potential link between asbestos and mesothelioma since the early 1900’s, thousands of products continued to be manufactured with asbestos until fairly recently. Asbestos was routinely used in the manufacture of cars, textiles and in many of the construction trades until the United States government finally stepped in the 1980’s and began to regulate the use of and exposure to asbestos.
What makes pinpointing the cause of mesothelioma even harder is that it can takes years, even decades to produce symptoms in your body. You would have been exposed to asbestos 30 years ago and just now receive a diagnosis of mesothelioma. The damage from asbestos is caused when someone breaths in the asbestos particles that are found in a plant or construction site where asbestos products are used. When someone breathes in the asbestos fibers, the fibers eventually reach the end of the small airways where they penetrate into the pleura (the lining of the lungs). The asbestos fibers may then injure the medothelial cells that surround the lungs and eventually cause cancerous cells to grow and become mesothelioma.
For years, workers in the construction, textile or automotive trades worked in asbestos filled environments without ever knowing the dangers. The symptoms of mesothelioma are extremely slow to show up in the human body and someone can live with mesothelioma precursor cells in their body for decades without knowing they have contracted the cancer. If you are concerned that you may have been exposed to asbestos over your lifetime, or you have been diagnosed with mesothelioma, you should contact an experienced California mesothelioma lawyer as soon as possible. While most personal injury cases have a relatively short statute of limitations (time within which you must file a lawsuit), asbestos cases are treated differently for statute of limitations purposes due to the extremely long incubation period of the disease. Only an experienced mesothelioma lawyer can tell you whether you may be able to file a lawsuit for the damages you have suffered as a result of exposure to asbestos. If you were exposed to asbestos at your job, and that exposure ultimately caused you to be diagnosed with mesothelioma, you may be entitled to compensation for your injuries. Compensation may include payment of your medical bills as well as additional compensation for the suffering you have endured as a result of the exposure.
If you are suffering from mesothelioma, chances are good that your present or past employment caused the cancer. Workers should not have to worry that doing their job can cause them to suffer from cancer 20 or 30 years down the road. If you would like to know more about your legal options as a mesothelioma sufferer, please contact California mesothelioma lawyer Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com.
Tags: asbestos, asbestos fibers, auto, cancerous cell, cancerous cells, cars, compensation, damages, doctors, emery, emery ledger, fibers, human body, injury, juries, law, lawsuit, lawyer, Ledger, ledgerlaw.com, legal options, lungs, medical bill, medical bills, Mesothelioma, Mesothelioma lawyer, options, Personal Injury, personal injury case, personal injury cases, statute of limitations
Posted in Product Liability Lawyer | No Comments »
Monday, May 24th, 2010
While commercial aviation has become one of the safest modes of transportation, aviation accidents do still happen. Sadly, when they happen they often have catastrophic and tragic results as evidenced by the Air India crash last week. The crash was the worst aviation accident in the last decade for India.
According to news reports, the Air India Boeing 737 passenger jet departed from Dubai, United Arab Emirates without incident on its way to Mangalore, India. Neither the pilot nor the co-pilot reported any problems while en route to Mangalore and weather conditions were reported as good at the time. When attempting to land, however, in Mangalore, the plane overshot the runway at Mangalore International Airport causing the plane to hit a barrier wall and ultimately land in a valley. The crash killed 158 of the 166 people on board. Experts are currently searching for the “black box” that is found on all commercial jets to attempt to determine what went wrong that caused the plane to miss its landing and ultimately cause the crash that took 158 lives. Experts from the United States National Transportation Safety Board are expected to conduct an investigation of the crash.
Despite advances over the last few decades in aviation and safety, aviation accidents are still possible. Statistics tell us that almost half of all aviation accidents are the result of human error or mechanical failure. Human error can include pilot error or air traffic control error. While large jets such as the Boeing 737 do include many automated systems for flying the plane and monitoring the flight systems, responsibility for the safe departure and arrival of a plane is still highly dependent on the pilots and the air traffic control operators. While it may be weeks or months before we know what caused the crash of the Air India flight, we do know that 158 passengers lost their lives and another eight may suffer physical injuries and psychological trauma for the rest of their lives.
The Indian government has already announced that it will be paying the families of the deceased passengers what amounts to about $25,000 per victim pursuant to their regulations for accident victims. What would the families be entitled to here in the United States? If the accident had happened here, family members would be entitled to file a wrongful death lawsuit for the passengers that were killed or the survivors could file a personal injury lawsuit. Unlike other countries, the amount that the families or the victims are entitled to is no predetermined. Under either a wrongful death lawsuit or a personal injury lawsuit, you will be able to provide evidence of the damages that were suffered by you personally in the case of a personal injury lawsuit or evidence of the future support that you will not have to live without in the case of a wrongful death lawsuit. The ultimate value of your lawsuit will be determined through negotiations with the responsible party – in this case the airline – or through a jury trial wherein the jury will determine the amount of damages that you are entitled to.
If you have been the victim of an aviation accident or have lost a family member as a result of an aviation accident, please call California aviation attorney Emery Ledger of Ledger & Associates for more information on your legal options. He may be reached at 1-800-300-0001.
Tags: accident, accident victims, accidents, airplane, airplane crash, attorney, attorney emery ledger, auto, aviation accident, aviation accidents, aviation attorney, black box, cat, crash, damages, death lawsuit, deceased, dents, ego, emery, emery ledger, family members, human error, injury, juries, killed, law, lawsuit, lawyer, Ledger, ledgerlaw.com, national transportation safety, national transportation safety board, negotiation, negotiations, noun, Personal Injury, personal injury law, personal injury lawsuit, physical injuries, pilot error, plane crash, responsible party, safety, states, statistics, survivors, traffic, transportation safety, united states, weather, wrongful death, wrongful death law, wrongful death laws, wrongful death lawsuit
Posted in Aviation Accident 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 »
Wednesday, May 5th, 2010
In the last century, since the Wright Brothers took that first flight back in 1903, the advancements in aviation have been nothing short of incredible. Today, on any given day there are over 87,000 flights scheduled in the skies over the United States. Many experts claim that flying is far safer than any other form of transportation. That may, however depend on what type of plane you are flying in or even what airline you are flying with. When most of us think of flying, we envision the large jumbo jets that are the mainstay of all the commercial airlines. The truth, however, is that of all the airplanes flying overhead in any given day, only about one-third of them are large commercial airplanes. The other two-thirds are made up of private airplanes, commuter airplanes, for-hire airplanes (charter flights), military airplanes and cargo planes. Statistics tell us that almost 50% of all flights in the skies on any given day are either private, commuter or for-hire flights. So are these flights as safe as the large commercial jets?
Experts debate the formulas used to determine the risk of being killed in a plane crash, but the most common statistics tell us that you chances of being killed in a plane crash are someone around 1 in 10 million. Those sounds like pretty good odds considering the odds of being killed in an automobile accident are somewhere around 1 in 15,000. This makes flying sound considerably safer than driving. What those statistics don’t discuss in any detail is what a difference the type of plane, or even the airline, can make in determining those odds. Those odds are also based on your chances of dying in a single flight. The more you fly, the better your odds are of being killed in a plane crash so the frequency of flight is also relevant.
Studies show us that flying on a large commercial airplane is by far the safest form of flying. Fatalities per million flight hours on large commercial airliners as a whole are at 4.03. Compare that figure to fatalities per million flight hours on commuter airlines – 10.74 and fatalities per million flight hours on air taxis/on demand flights – 12.24. The deadliest form of flight is by private airplane with a fatality per million flight hours of 22.43. Clearly, your safest option is to stick to the large commercial airlines according to these statistics. Furthermore, it pays to do your research regarding safety records of the airlines. Your odds of being killed on a single flight on one of the top 25 airlines with the best safety and accident rates is just under 1 in 10 million. Those odds drop to 1 in about 850,000 when you fly on one of the airlines in the bottom 25 for accident rates.
If you have been involved in an aviation accident or have lost a loved one due to an aviation accident, you may be entitled to compensation for the injuries you have suffered or for the pain caused by the loss of your loved one. Time is an important factor in aviation accident cases so the best thing you can do is consult with an experienced California aviation accident attorney as soon as possible. California aviation attorney Emery Ledger has over 12 years of experience helping victims of aviation accidents and their families. If you would like a free detailed evaluation of your aviation accident case, please contact his firm, Ledger & Associates, at 1-800-300-0001 or online at www.ledgerlaw.com.
Tags: accident, accident attorney, accident case, accident cases, accidents, airline accident, airplane, airplane crash, attorney, auto, automobil, automobile accident, aviation accident attorney, aviation accidents, aviation attorney, claim, compensation, crash, jumbo jets accidents, killed, killed on airplane, law, Ledger, ledgerlaw.com, plane accident, plane crash, risk
Posted in Aviation Accident Lawyer | No Comments »
Thursday, April 29th, 2010
In the last year, Toyota Motor Corporation has issued voluntary recalls on over 8 million of its vehicles worldwide and the number continues to climb. The first recall covering over four million vehicles was announced late last year and came after numerous complaints were filed with the National Highway Transportation Safety Administration regarding unintended acceleration problems. The complaints – some dating back years – all complained of Toyota manufactured vehicles that accelerated without warning or that could not be stopped by pushing the brake. The final push for Toyota to issue the recall came when a family of four was killed in a Toyota manufactured Lexus SUV that accelerated out of control causing the death of all four occupants. That recall became known as the “accelerator entrapment” recall. The next recall was announced in January and covered 2.3 million vehicles for similar issues. This recall, however, was blamed on a defect in the pedal itself and became known as the “sticky pedal” recall. Another recall was issued in February and two more have been announced just this month.
The fine that was ordered this month by the U.S. Department of Transportation (USDOT) comes after an investigation initiated by the USDOT as to whether Toyota addressed the potential defects in its vehicles in a timely manner as required under United States law. The conclusion of the investigation was that Toyota did NOT notify regulators and consumers as quickly as required under the law. U.S. laws regarding defective products have numerous requirements for what a company must do in the event of a defective product. In essence, the company must make all efforts to investigate a potential defect, must report the defect to U.S. regulators, must notify consumers and must repair, replace of refund the product.
The fine that was issued by the USDOT this month is based on their conclusion that for the defects covered in the January recall of 2.3 million vehicles Toyota did not notify the proper authorities or consumers in a timely manner. The fine amount of $16.4 million was the limit allowed under current United States laws. In other words, authorities were not permitted, under the law, to order a fine greater than the $16.4 million. Had a cap not been in place for the maximum fine that a single manufacturer can face, the total fine could have reached over $13 billion. Absent the cap, the law allows a fine of $6000 per vehicle covered in the recall. In reality, $16.4 million dollars for a corporation that has annual sales in the billions isn’t as stiff of a fine as it initially sounds. While authorities were not able to fine Toyota more than the $16.4 million for the January recall, they could issue more fines based on other recalls. Reports are that they are looking into the first recall to decide whether Toyota violated any notice laws and requirements during that recall. If so, another fine could be forthcoming for the giant automaker.
If you have been personally affected by the Toyota recalls and would like further information regarding your legal options, please feel free to call California Toyota recall attorney Emery Ledger at his law firm Ledger & Associates. He can be reached at 1-800-300-0001 or you may contact him through his website at 1-800-300-0001.
Tags: acceleration, acceleration problems, accelerator, attorney, auto, automaker, complaint, defective products, killed, lexus recall, occupants, recalls, toyota, toyota motor, toyota recall, Toyota Recall Attorney, Toyota recalls
Posted in Toyota Recall Attorney | No Comments »
