Posts Tagged ‘california accident lawyer’

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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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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Do I need a California Accident Lawyer?

Friday, June 25th, 2010

Injuries can happen at any time and at any place. You can be injured at home, in your car, at your job or even walking across the street. Some injuries are minor while others can have catastrophic consequences. California accident lawyers see injury cases involving workplace injuries, car accidents, airplane accidents, nursing home accidents and many other types of injuries. If you have been injured in an accident, you may be asking yourself whether you really need to hire a lawyer.

According to California accident lawyer Emery Ledger of Ledger & Associates, the answer to that question depends on many factors. One important factor is the extent of the injuries that you suffered. A minor fender bender where you were not seriously injured, for example, may be something that you can handle quickly on your own. On the other hand, a serious car accident that required you to be hospitalized may require the expert services of an accident lawyer. While it is true that you are never required to hire a lawyer to represent you, for serious injuries you may need the advice and guidance of an experienced lawyer. Typically, insurance companies will offer you a token amount to settle your claim shortly after the accident. If you are certain that you did not suffer any lasting injuries, then you may choose to accept the offer and move on. However, if you have any doubt about the extent of your injuries, then you should at least consult with a lawyer before accepting the offer.

Another important factor is what type of accident you were involved in. Some accidents, by there very nature, are better handled by a lawyer. A good example is an airplane accident. When the defendant is a large corporation such as an airline company, you may need someone that has dealt with them before and knows how to investigate and litigate your case so that you receive the compensation you deserve. Another good example is an asbestos related cancer case. Due to the highly scientific nature of the injuries caused by asbestos, and the complicated legal issues, you may need an experienced lawyer on your side.

A big factor for many people is the comfort level that they feel when they have a lawyer on their side. Dealing with an insurance company and the court system while you are also trying to heal from your injuries can be extremely stressful. For this reason, many people simply feel more comfortable allowing a lawyer to handle the case so that they can focus on healing. Consider this the “peace of mind factor” when deciding whether or not you need to hire a lawyer.

In the end, the decision to hire a lawyer for your California accident is a highly personal decision and one that you will have to make after considering all the relevant factors. If you have made the choice to hire a lawyer, or simply want a free detailed evaluation of your case before you make the decision, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com.

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California Auto Accident Attorney Can Help

Thursday, June 24th, 2010

If you have been involved in an accident in the State of California, you may be deciding whether or not to hire a lawyer to represent you in your case. Accident cases come in many forms from care accident to airplane accidents and nursing home abuse to mesothelioma lawsuits. All of these are considered negligence cases in the State of California and all may be entitled to compensation. If you have been the victim of someone else’s negligence in the State of California, you may be entitled to compensation for the injuries you have suffered. So what exactly does an accident lawyer do and how can they help you in your accident case?

A California accident lawyer actually wears many hats so to speak. The first thing that he will do for you is become your voice throughout your entire case. You will no longer need to talk to anyone about your case. Your accident lawyer will immediately open up a dialogue with the insurance company, your medical providers and the courts. The only time you will need to speak to anyone about your case is with your lawyer by your side protecting your interests. This can lift a huge burden off your back and allow you to focus on taking care of yourself and healing.

Your accident lawyer will also aggressively investigate your accident case in an attempt to determine who was responsible for your injuries. This investigation may take a prolonged period of time and may require the assistance of experts that you may not have access to yourself. Your accident lawyer knows what to look for in an accident case and how to find it based on the yeas of experience he has had investigating accident cases.

Your accident lawyer will also help you locate the medical care that you need in order to heal. Many times, victims are unable to locate a medical provider that will work with them if they are not insured. An accident lawyer may be able to help you with this problem if you are faced with it.

Most importantly, your accident lawyer will fight for the compensation that you deserve for the injuries that you have suffered. Your California accident lawyer knows how the legal system works and how to get the maximum amount of compensation possible for you. Many times, the physical injuries you received in an accident are just the tip of the iceberg. You may also have suffered emotional or psychological injuries as well. Additionally, injuries that may not appear to be severe at the moment may continue to cause you problems for years to come. You are entitled to be compensated for ALL your injuries – even those that cannot be seen or that have yet to be seen.

If you have any additional questions about what your California accident lawyer can do for you, please feel free to schedule a free and detailed consultation with California accident lawyer Emery Ledger of Ledger & Associates. He can be reached at 1-800-300-0001 or online 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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Settlement versus Trial In An California Accident Case

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.

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What are Economic Damages in a Car Accident Case?

Monday, February 8th, 2010

If you have been involved in a car accident, you may be wondering how you know what the value of your personal injury claim will be. In legal terms, the amount of money that you are awarded for the harm caused by someone else’s negligence is called “damages”. Most states allow juries to consider two different types of damages in deciding on the value of a personal injury claim. The first category of damages is economic or actual damages. The second category is non-economic, or pain and suffering damages. In California, as in most other states, if your case goes to trial, a jury will decide the value of your damages and therefore the amount of money you will be awarded. If your case is settled without the need to go to trial, then you will be awarded an agreed upon amount of money. The calculation of damages in a personal injury case can be very complex and is best handled by an experienced California accident lawyer. The following, however, are examples of what can constitute economic damages in a personal injury case..

· Medical Expenses: This can include everything from the ambulance bill for transport to the hospital to projected future medical bills. As you can see, while some bills will be virtually impossible to debate, the cost of future medical bills is often an area that is hotly debated during negotiations or at trial.

· Damages to personal property: This usually refers to your car. You may feel as though this is a simple calculation, but what if you have an estimate that says the cost for repairs will be $3000 but the other driver’s insurance company claims the repairs can be done for $1500?

· Lost wages: Again, this can refer to wages you lost immediately after the accident as well as wages that you anticipate losing in the future. It may also include lost wages for time you missed receiving treatment for your injuries.

· Lost earning capacity: If, for example, you were making $20 an hour before the accident, but because of injuries suffered as a result of the accident, you can no longer do your old job and can now only obtain employment making $15 an hour – that may be an example of lost earning capacity.

· Lost profits: If you were self-employed, or your job was commission based, then you are entitled to what you would have earned had the accident not happened.

As you can see, the dollar amount assigned to each of the above examples is open to debate. For that reason, it is best for you to obtain the services of an experienced California accident attorney. The injuries you suffered as the result of someone else’s negligence may affect you for years to come, but you only have one chance to be compensated for those injuries.

If you have suffered injuries as the result of a car accident and would like an experienced attorney to evaluate your case, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.

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