Posts Tagged ‘damages’

Non-economic Damages in a California Motorcycle Accident Case

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.

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.

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.

California Mesothelioma Lawyer

Wednesday, June 23rd, 2010

For the millions of people in America now suffering with mesothelioma cancer, the question of whether or not they have a valid lawsuit and what it may be worth surfaces. Hearing a diagnosis of cancer is traumatic under any circumstances. Hearing that you may have planted the seeds for that cancer decades ago simply by doing your job is devastating news. That, however, is exactly what has happened too many of the mesothelioma cancer victims in the United States.

Estimates vary, but even conservative estimates put the number of mesothelioma cases that are caused by previous exposure to asbestos at 80%. Some experts put that percentage as high as 90%. Mesothelioma was once considered a vary rare form of cancer. .In people afflicted with mesothelioma, malignant cancer cells are found in the mesothelium, a protective sac that protects and covers many of the body’s internal organs. Scientists and doctors believe that when someone is exposed to asbestos dust particles, these particles are breathed in and subsequently enter the lungs. Years, even decades, later, those particles can cause the cells of the mesothelium to become abnormal and eventually lead to mesothelioma cancer.

If you have recently been diagnosed with mesothelioma cancer, you may be entitled to receive compensation for the injuries you have suffered as a result of the cancer. Under the California laws of negligence, if someone that had a duty of care to you breaches that duty and causes injuries, then you may be entitled to compensation. In the case of asbestos related mesothelioma, if you once worked in any of the numerous industries that used asbestos, then your employer or the manufacturer of the products that contained the asbestos could be responsible for your injuries. According to California mesothelioma lawyer Emery Ledger of Ledger & Associates, under a California personal injury lawsuit such as an asbestos related mesothelioma case, the victim may be entitled to economic and non-economic damages. “Damages” is a legal term that is used to refer to injuries. Economic damages generally include things that have a quantifiable numerical value such as medical bills or time lost from work due to the illness. Non-economic damages are what many people think of as pain and suffering. In addition, under some circumstances, punitive damages can be awarded when the judge believes that the defendant’s actions (or inactions) were particularly egregious and that the defendant acted with malice. California courts have led the way with some of the highest mesothelioma awards in the country and judges have not shied away from awarding punitive damages as part of those awards.

If you have recently been diagnosed with mesothelioma, seek the advice of an experienced California mesothelioma lawyer as soon as possible. While the statute of limitations for asbestos cases does not require that a lawsuit be filed shortly after exposure as many other personal injury cases require, it does require that you file a lawsuit within a short time after you have been diagnosed. For a free and confidential detailed evaluation of your mesothelioma case, contact the mesothelioma firm of Ledger & Associates at 1-800-300-0001 or visit them on the Internet at www.ledgerlaw.com.

Pedestrians Hit By An Uninsured Motorists May Still Have a Claim

Friday, June 18th, 2010

One in every four drivers in California is uninsured. On top of that, California experiences the highest number of automobile accidents every year. Therefore, almost 25% of all car accidents in California involve an uninsured motorist, an even higher percentage of car accidents account for underinsured motorists. Furthermore, in 2009 alone, over 70,000 pedestrians were injured in a motor vehicle accident. By combining these two statistics, it is almost inevitable that at one point or another, a pedestrian can be seriously injured or killed by an uninsured motorist. However, even if you are in this situation, you may be able to make a claim under your auto policy even if the accident has nothing to do with your own vehicle.

Auto insurance companies often try to defer as much responsibility in car accidents, leaving innocent individuals paying for many of their expenses out of pocket. However, if you have uninsured motorist coverage, then even as a pedestrian, you may recover full monetary expenses if the driver was at fault in the accident. Uninsured motorist coverage (UM) can be overlooked by some insurance companies, and often times, very complicated to deal with. Therefore, a car accident lawyer with knowledge in the subject can provide you with the help you need to make a claim against your insurance to recover damages as a pedestrian.

Uninsured motorist bodily injury (UM) covers you, the insured member, for bodily/personal injuries, damages, or death caused by an at-fault uninsured or hit-and-run driver. Often times, pedestrians become victims in serious car accidents which leave them dealing with severe physical injuries, and sometimes permanent disfiguration or even wrongful being killed. However, an experienced car accident attorney can help you negotiate the fairest settlements given the circumstances if your auto insurance includes UM coverage. Simply stated, uninsured motorist coverage allows a person who is injured by the negligence of an uninsured driver to recover monetary compensation under their own insurance policy (as well as with respective health care plans).

With underinsured motorists, if the driver at fault is underinsured, then coverage typically pays any difference between what the driver’s insurance covers and what your bodily injury coverage will pay. However, if the limits you purchase with UM or UNDUM coverage is lower than an accident’s costs, you’ll be responsible for paying the amounts of your limit, unless covered by health insurance.

Many times, monetary damages may have to cover medical bills, wage loss, future physical therapy, and other unforeseen costs as a result of the accident.

If you are a pedestrian who has been in involved in an accident with a car, for any additional information or questions regarding uninsured motorists or insurance coverage, please contact California car accident lawyer Emery Ledger of Ledger & Associates. Please call 1-800-300-0001 or visit his website at www.ledgerlaw.com.

“Hey! You Aren’t Fully Covered”

Friday, June 18th, 2010

If you own a car, you probably have insurance as well. Unfortunately, approximately 14% of American drivers do not have any type of car insurance. The reasons may vary, from beliefs that it is unnecessary to simply not being able to afford it. Regardless of why some motorists choose not to have insurance, it is still a hassle to get involved in an accident with an uninsured motorist. In this case, uninsured motorist laws come into play when these people are involved in an accident, and the best way to make sure you receive coverage for damages to your car is to speak to a car accident attorney.

Uninsured Motorist Law (UM) varies from state to state, and insurance companies deal with it accordingly. In many cases, it is hard to make a claim against a person with no insurance, because their assets are not enough to warrant litigation. However, if you have uninsured motorist coverage, you can make a claim against your insurance to recover damages in case of serious injuries. This type of coverage generally accounts for:

  • medical expenses
  • loss of wages
  • pain, suffering and permanent injury
  • loss of the ability to keep earning in the future

If you find yourself involved in an accident with an uninsured individual, you should seek help from an experienced attorney. Uninsured motorist laws can be very complex because they deal with a specialized team on the insurer’s side trying to belittle or deny your claim. A lawyer with knowledge in the subject can provide assistance to help you get the compensation you deserve.

There is a range of car accidents that occur every day, from fender benders to full frontal collisions that end in fatalities. Furthermore, many times these auto accidents cause unintentional physical injuries that may go unnoticed – such traumatic brain injuries or back pains. Car accident attorneys strive to reach settlements for drivers in auto collisions, however, when you get into an accident with an uninsured motorists, it can create a much more complicated case.  Settlements are meant to cover wreckage done to the vehicle along with medical expenses for injuries. However, when the other driver is uninsured, you can end up paying for all of your expenses out of pocket. Therefore, it is crucial to seek out an experienced, well-prepared lawyer who is able to ensure that you receive the proper compensation for damage done to you and your vehicle. Furthermore, this will enable you to focus on your healthcare and facilitate a fast and successful recovery.

If you or a loved one has been in a car accident, for any additional information or question regarding uninsured motorists or insurance coverage relevant to a case, please contact California car accident  lawyer Emery Ledger of Law Offices of Ledger & Associates at 1-800-300-0001 or visit his website www.LedgerLaw.com.

Gulf Oil Spills – A Proliferating Tragedy as Millions Suffer

Wednesday, June 16th, 2010

As the largest oil spill on record, the Gulf Oil Spill has created an environmental tragedy for millions of Americans over the past few months. Moreover, many citizens have been forced to relocate their residences seeing as how the toxicity of the smell of oil along with the millions of gallons has washed up along the Southern shores. By comparison, the Exxon Valdez spill in 1989 account for a total of 11 million gallons. The Gulf oil spill is being calculated to end up dumping the equivalent of 4 Exxon Valdez spills per week – a staggeringly large amount of oil penetrating our ocean and ecosystems constantly.

Many citizens in the region affected by the BP oil spill have suffered dramatic changes to their lives – some even forced to move out of their homes. More so, in the Gulf Coast area like Louisiana and Alabama, many people found a comfortable living with the environmental resources accessible to them through the ocean. However, with the oil spill, hundreds and thousands of jobs have been lost, livelihoods altered, and irreversible damage done to fishes, birds, oyster beds, and important facets of the Gulf Coast environment. Companies and individuals involved in the seafood industry, or commercial fishing and shrimping have greatly suffered as some have been forced to shut down all operations while workers are are left with no alternative source of income to support their livelihoods.

Even more so, workers who have been exposed to the oil spill, have reported symptoms of nausea and sickness as a result of direct contact from air toxins coming from the oil permeating the ocean water itself. The Center for Disease Control (CDC) has stated that the toxins from the oil spill can be extremely aggravating and if exposed to for a prolonged period of time, can lead to more complicated health issues.

It has been reproted that BP has agreed to a $20 billion victim fund, just issued in a press statement released today, June 16, 2010. This acknowledges the gravity of the circumstances surrounding the largest recorded oil spill in history. To date, thousands of people have been harmed, with eleven deaths stemming from the initial April 20, 2010 explosion that catalyzed the now on-going oil spill. With the help of an experienced personal injury law firm, you and your loved ones can receive proper monetary compensation for your suffering and losses. Moreover, with potential long-term medical conditions that may result from exposure to the oil spill, you deserve to have the best lawyer fighting for your settlement.


If you or your family has been affected by the BP oil spill and has been unable to continue making a living due to these severe circumstances, please contact personal injury attorney Emery Ledger from the Offices of Ledger & Associates. As an experienced lawyer, he may be able to collect monetary compensation on the damages to what you may have lost due to this devastating oil spill. For more information, please give him a call at 1-800-300-0001 or visit the website at
www.ledgerlaw.com.