Posts Tagged ‘compensation’
Friday, July 16th, 2010
If you have been injured in a California motorcycle accident that was not your fault, you may be trying to figure out what your motorcycle accident case is worth. You may have asked friends or family and gotten a number of different opinions as to how to determine the value. According to California motorcycle accident attorney Emery Ledger of Ledger & Associates, many people are under the impression that there is a “formula” for determining what your accident case if worth. The truth is that there is no magic formula. Each case is different and brings with it different facts and factors that go into determining the ultimate value of the case. California law allows injured plaintiffs to receive compensation for both economic and non-economic injuries. The economic injuries are things that have a quantitative value and include things such as medical bills, property damage to your bike and time lost from work. These damages are relatively easy to calculate and generally are not the source of much debate in your motorcycle accident case. Non-economic damages, on the other hand, are much more subjective and difficult to put an exact value on.
In California, non-economic damages include pain and suffering, emotional distress, disability, disfigurement, humiliation, loss of use, mental anguish, loss of love, support and companionship and loss of consortium when applicable. As you can see, there are many components to the non-economic side of a motorcycle accident case. Determining the value of your non-economic injuries will depend on many factors. The extent and severity of your physical injuries will play a part in determining your non-economic damages. There is generally a direct relationship between the two – but not always. Your age, general health, occupation and many other individual characteristics will also be used to determine the value of the non-economic damages. If, for instance, you received a broken ankle in your accident that was expected to return to 98% capacity you might not have suffered severe emotional distress as a result of the injury. BUT, if you were an athlete and that brake will prevent you from ever competing again your emotional distress may be severe. This illustrates the reason why there is not an exact formula for determining the value of your motorcycle accident case. The law is intended to compensate you for all the injuries you received and therefore requires an individual evaluation of each case to determine what those injuries are. Only after your own individual characteristics and circumstances are evaluated along with the physical injuries that you suffered can a realistic determination be made about what the value of your motorcycle accident case really is.
If you have been the victim in a California motorcycle accident and would like a more detailed and personal evaluation of your case to determine what the value may be, then please contact the motorcycle accident law firm of Ledger & Associates for a free evaluation. They can be reached by calling their toll-free number at 1-800-300-0001 or you can visit them online at www.ledgerlaw.com.
Tags: california motorcycle accident attorney, circumstances, companionship, compensation, damages, economic damages, emery, emery ledger, emotional distress, extent, fault, free evaluation, injury, juries, law, Ledger, ledgerlaw.com, loss of consortium, motorcycle, motorcycle accident, motorcycle accident attorney, pain and suffering, physical injuries, plaintiff, plaintiffs, stress, suffering
Posted in Motorcycle Accident Lawyer | No Comments »
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.
Tags: accident, accident attorney, accident case, accident cases, accident law firm, california motorcycle accident attorney, california motorcycle accident lawyer, comparative negligence, comparative theory, compensation, contributory negligence, motorcycle accident, motorcycle accident attorney, Motorcycle Accident Lawyer, motorcycle accidents, Negligence, pain and suffering, pain and suffering compensation, plaintiff
Posted in Motorcycle Accident Lawyer | No Comments »
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.
Tags: accident, accident attorney, accident case, accident cases, accident law firm, accident lawyer, accidents, airplane, airplane accident, airplane accidents, california accident lawyer, car accident, car accident case, car accident cases, car accidents, compensation, damages, economic damages, lawyer, motorcycle accident, motorcycle accidents, Negligence, pain and suffering, pedestrian, pedestrian accident, pedestrian accidents, physical injuries, plane accident, suffering, train accident, train accidents
Posted in Personal Injury | No Comments »
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.
Tags: accident, accident case, accident lawyer, accidents, california motorcycle accident lawyer, claim, claimant, compensation, death lawsuit, decedent, injury lawyers, killed on motorcycle, law, law offices, lawsuit, lawsuits, lawyer, Ledger, ledgerlaw.com, loss of consortium, motorcycle accident, Motorcycle Accident Lawyer, motorcycles, Negligence, risk, roadways, schedule, state of california, statistics, surviving family, trucks, vehicle, wrongful death, wrongful death law, wrongful death laws, wrongful death lawsuit
Posted in Motorcycle Accident Lawyer | No Comments »
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
Tags: accident, accident attorney, accident case, accident lawyer, accidents, attorney, california law, california motorcycle, claim, compensation, emery ledger, emotional injuries, fault, hiring a lawyer, insurance, insurance company, juries, killed, law, lawyer, lawyer help, Ledger, ledgerlaw.com, motorcycle accident, motorcycle accident attorney, Motorcycle Accident Lawyer, motorcycle accidents, motorcycle lawyer, motorcycles, Negligence, offer, settlement, state of california, statistics, traffic, traffic fatalities, vehicle, your rights
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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.
Tags: accident, accident case, accident lawyer, accidents, airplane, airplane accident, airplane accidents, california accident lawyer, car accident, car accidents, compensation, damages, duty of care, juries, law, lawsuit, lawyer, ledgerlaw.com, legal terms, medical bill, medical bills, motorcycle accident, motorcycle accidents, Negligence, negligence claim, pain and suffering, pedestrian, pedestrian accident, pedestrian accidents, Personal Injury, personal injury accident, plaintiff, plane accident, responsible party, train accident, train accidents
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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.
Tags: accident, accident case, accident cases, accident lawyer, accidents, airplane, airplane accident, airplane accidents, assistance, bus, california accident lawyer, compensation, consultation, emery, emery ledger, insurance, insurance company, juries, law, lawsuit, lawsuits, lawyer, Ledger, ledgerlaw.com, Negligence, negligence cases
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