Posts Tagged ‘injury claim’
Friday, June 4th, 2010
Mesothelioma is a type of cancer that occurs when the cells of the mesothelium become abnormal and start to divide out of control. The mesothelium is essentially a protective sac that covers and protects many of your internal organs. While mesothelioma was once considered a very rare type of cancer, it has become more prevalent in the past few decades. Doctors and scientists attribute that fact that they are seeing more cases of mesothelioma to the fact that millions of workers were exposed to asbestos in decades past as part of their work in construction, textile, automotive and other trades. Although scientists were aware of a potential connection between exposure to asbestos and cancer as early as the beginning of the 20th century, regulations were not enacted until the 1980’s to protect workers from inhaling the potentially deadly particles.
One of the unique characteristics of mesothelioma, and what makes it most troublesome, is that there can be a lapse of 20 to 30 years from the time you are exposed to asbestos and the time symptoms appear and a diagnosis is made. So what can you do if you have recently been diagnosed with mesothelioma and you believe that the cause may be exposure to asbestos in your work environment many years ago?
Normally, tort claims (injury claims) must be commenced within two years from the date of the injury or incident under California law, according to mesothelioma lawyer Emery Ledger of Ledger & Associates. In the case of exposure to asbestos, however, the statute of limitations (time within which you must file a lawsuit) works a little differently in order to take into account the very long incubation period of the cancer. California Code of Civil Procedure Section 340.02 reads as follows:
(a) In any civil action for injury or illness based upon
exposure to asbestos, the time for the commencement of the action
shall be the later of the following:
(1) Within one year after the date the plaintiff first suffered
disability.
(2) Within one year after the date the plaintiff either knew, or
through the exercise of reasonable diligence should have known, that
such disability was caused or contributed to by such exposure.
.
What this means for anyone that has recently been diagnosed with mesothelioma is that they may still be able to file a lawsuit for the injuries they have suffered or are continuing to suffer as a result of exposure to asbestos. If you were exposed to asbestos in the workplace, you may be entitled to receive compensation from your employer or the manufacturer of the products that contained asbestos. As you may already know, the cost of treating mesothelioma can be quite expensive. If your illness was caused by exposure to asbestos, shouldn’t the culpable party be held accountable and at least help to pay for your treatment?
If you have additional questions about your legal options, please contact California mesothelioma lawyer Emery Ledger at Ledger & Associates. Schedule your free detailed evaluation by calling 1-800-300-0001 or visit him online at www.ledgerlaw.com.
Tags: asbestos, california code of civil procedure, california law, civil procedure section, claim, compensation, culpa, deadly particles, doctors, emery, emery ledger, injury, injury claim, juries, law, lawsuit, lawyer, Ledger, ledgerlaw.com, legal options, Mesothelioma, Mesothelioma lawyer, mesothelium, plaintiff, statute of limitations, text, tort claim, type of cancer
Posted in Attorney-Lawyer | No Comments »
Monday, May 31st, 2010
With over 4 million motorcycles registered in the United States, it is clear that for those who love to ride, they are willing to risk the potential for injury. Statistics, as well as common sense, tells us that if you are involved in a motorcycle accident that the chance that you will suffer injury is great. With nothing between you and the road, or another car, you are likely to make direct contact with the road or another hard object. No airbags to soften the blow. Unfortunately, how safety conscious YOU are may not be as important as whether the other drivers on the road are watching out for you. Accident statistics tell us that well over half of the two vehicle accidents that involve a motorcycle are actually the fault of the person driving the passenger vehicle. What this means is that you can be obeying all traffic rules, wearing the proper reflective clothing and be an experienced biker and someone may still simply not see you and cause an accident. Motorcycle accidents, when they happen, can cause serious injuries. One of the most common injuries in a motorcycle accident is a head concussion or a traumatic brain injury. A concussion is a type of brain injury that is usually caused by a blow to the head and generally results in unconsciousness. A concussion can normally be treated easily and the patient may just need to go home and rest for a day or two. A traumatic brain injury, on the other hand, can have serious and lifelong consequences. That same blow to the head can cause the brain to become severely damaged. Many people think that a person must lose consciousness for there to be a serious injury. This is not so. You could be suffering from a serious brain injury after a motorcycle accident and not be aware of it. Wearing an approved helmet can reduce the risk of head injury by as much as 40%. Broken bones or joints are another common motorcycle accident injury. The most common breakages are the shoulder and the pelvis. Not surprisingly, when you collide with a hard surface, whether that is the road or another vehicle, your bones or joints can only withstand so much blunt force trauma before they snap. Road rash, or soft tissue injuries are also common injuries from a motorcycle accident. Some of these can be just minor surface scrapes, but others can be deep and leave serious scars. Road rash is what happens when exposed skin scrapes along the road during a collision. Wearing leather clothing or other protective gear can help reduce the risk or the severity of road rash in the event of an accident. If you have been in a motorcycle accident in the State of California and you believe that the accident was caused, in whole or in part, by the negligence of the other driver (or drivers), then you may have a valid California personal injury claim. If someone else was responsible for your injuries, then you may be able to receive compensation for those injuries – including money to repair your bike. Contact the motorcycle accident law firm of Ledger & Associates for a free detailed evaluation of your case. They can be reached at 1-800-300-0001 or visit them online at www.ledgerlaw.com
Tags: accident, accident attorney, accidents, airbags, amp, attorney, biker, blunt force trauma, brain injury, broken bones, california motorcycle, california motorcycle accident attorney, cars, claim, common sense, compensation, concussion, consequences, dents, fault, head injury, helmet, injury, injury claim, juries, law, Ledger, ledgerlaw.com, money, motorcycle accident, motorcycle accident attorney, motorcycle accidents, motorcycles, Negligence, Personal Injury, personal injury claim, reflective clothing, risk, road rash, safety, soft tissue, soft tissue injuries, state of california, states, statistics, suffering, traffic, traumatic brain injury, united states, vehicle, vehicle accident, vehicle accidents
Posted in Motorcycle Accident Lawyer | No Comments »
Monday, May 31st, 2010
If you own a motorcycle, then you know that along with the incredible freedom that comes along with riding, you also accept the risks of an accident. Despite decades of attempts by both government entities and private groups to educate the car and truck driving masses about the need to watch out for motorcycles, they still fall short. Statistics tell us that the majority of the time when a motorcycle is involved in an accident with a passenger vehicle, the passenger vehicle was at fault or more at fault in the accident. Of those accidents, drivers most often report that the reason they were involved in the accident in the first place was because they simply did not see the motorcycle. Motorcycle safety has also come a long way. Bikes are made better and come equipped with a number of safety minded options. Protective clothing is available to prevent or limit the severity if injuries if the worst happens. Many states now require protective head gear to be worn at all times to prevent or limit head injuries. Having said all of that, if you are involved in a motorcycle accident, the chances are good that you have suffered damages (injuries in legal terms). SO how do you know what your motorcycle accident case if worth?
According to California motorcycle accident attorney Emery Ledger of Ledger & Associates, determining the value of any personal injury claim can be complicated and may involve a number of factors that are specific to your case alone. There are, however, a few things to take into advantage in all motorcycle accident cases to help you determine the value.
1. Who was at fault? If the other person was 100% at fault, then that makes computing damages much simpler. While you may think that the other driver was completely at fault, that may not turn out to be the case. Even if you did share some of the fault, in California as long as the other person was MORE at fault, you may still be able to recover damages and receive compensation. Your compensation will simply be adjusted according to the amount of fault (or negligence in legal terms) that you shared in the accident.
2. What are your economic damages? Economic damages are quantifiable damages. These include things such as medical bills, lost wages, damage to your bike and others.
3. What are your non-economic damages? Non-economic damages are what most people think of as “pain and suffering”. Computing non-economic damages can be more difficult and may depend on this such as the type and severity of physical injuries you suffered and your general health before the accident.
Only an experienced California motorcycle accident attorney can accurately determine what the value of your motorcycle accident case is based on your specific set of facts. If you have been in a motorcycle accident, contact the motorcycle accident law firm of Ledger & Associates as soon as possible for your free detailed evaluation of your motorcycle accident case. They can be reached by visiting them online at www.ledgerlaw.com or by telephone at 1-800-300-0001.
Tags: accident, accident attorney, accident case, accident cases, accidents, acto, amp, at fault, attorney, attorney emery ledger, california motorcycle, california motorcycle accident attorney, cat, claim, compensation, damages, dents, economic damages, emery, emery ledger, fault, head injuries, injury, injury claim, juries, law, Ledger, ledgerlaw.com, legal terms, medical bill, medical bills, motorcycle accident, motorcycle accident attorney, motorcycle attorney, Motorcycle safety, motorcycles, Negligence, options, pain and suffering, Personal Injury, personal injury claim, physical injuries, risk, safety, states, statistics, suffering, vehicle, wages
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Thursday, April 22nd, 2010
Toyota Motor Corporation said Monday that it will not contest the record $16.4 million dollars in fines levied by United States safety regulators because the company did not inform the proper authorities as soon as it knew of problems with defective accelerator pedals in a number of its cars. The fines are the result of controversy surrounding the 8.5 million-and growing-Toyota made vehicles that have been recalled in the last year. As you may be aware, the recalls started last fall with the first recall prompted by the runaway Lexus SUV that killed all four occupants in San Diego. That recall was followed by recalls number two and three in December and February. In total, over 8.5 million vehicles have been recalled and Toyota has just announced additional recalls.
Since the original round of recalls, lawmakers, regulators and advocates have been speculating about exactly when Toyota knew about the defective parts. Under United States law, a manufacturer must make a good faith effort to find any defective parts and must report those defects that it finds immediately. They must also repair or replace any defective parts. Many critics have questioned when Toyota became aware of the problems and have asked why nothing was done sooner. The record fine – while not an admit ion of guilt on the part of Toyota – says a lot to some people.
There have been at least 50 deaths attributable to the Toyota defects and hundreds of accidents. At last count the number of lawsuits filed in the United States against the automotive giant was approaching 100. The fine Toyota has agreed to pay may be just the tip of the iceberg as far as the financial cost of the defects. Under the laws of negligence as applied in California, if you were involved in an accident in which a Toyota manufactured vehicle was responsible for the collision, you may be entitled to financial compensation for the injuries you sustained in the accident.
Under the laws of negligence, if a person, or entity, is responsible for damages that you have suffered, then they must compensate you for those damages. Much of the time, this involves a negligent driver in a car accident. It can, however, be a company that is the negligent party. If a defective part in a vehicle was the cause, or part of the cause, of an accident, then that may be considered negligence on the part of the company that manufactured the part.
What this may mean for you, if you were injured in an accident involving a Toyota manufactured vehicle, is that you may have a legal claim against Toyota for injuries that were caused by the accident. The only way to know whether you have a valid personal injury lawsuit is to consult with an experienced California personal injury attorney. The laws of negligence are very complicated and made even more so when a large corporation is involved. If you would like a free detailed evaluation of your potential personal injury claim, please contact personal injury attorney Emery Ledger of Ledger & Associates. He can be reached at 1-800-300-0001 or you may visit his website at www.ledgerlaw.com
Tags: accelerator, accelerator pedal, accident, attorney, authorities, auto, car accident, cars, cat, claim, compensation, damages, deaths, ego, emery, emery ledger, good faith, injury, injury claim, juries, killed, law, lawmakers, lawsuit, lawsuits, Ledger, ledgerlaw.com, legal claim, lexus, million vehicles, Negligence, negligent driver, noun, occupants, Personal Injury, personal injury attorney, personal injury claim, personal injury law, personal injury lawsuit, recalls, regulators, safety, safety regulators, states, toy, toyota, toyota motor, united states, vehicle
Posted in Toyota Recall Attorney | No Comments »
Friday, April 2nd, 2010
If you’ve been in a motorcycle accident and need to see a motorcycle accident attorney, one of the first things they will tell you is that the insurance company is not your friend. No matter what kind of offer they make, how reasonable they sound, how sympathetic – do not agree to anything, sign anything or give any statements until you have spoken to a motorcycle accident attorney.
Perhaps insurance companies can’t be all that bad? You paid your dues over the years. Have a good driving record, didn’t miss any premiums and promptly reported the accident and gave them all the medical information and details. How hard is it to give you what you deserve since the other driver was at fault? This is assuming that the “other” driver “was” at fault. A further investigation may turn up other evidence that may apportion fault.
If indeed you are not at fault, a quick and reasonable payout will not happen, as insurance companies are businesses that operate with a financial bottom line. They work hard to keep their expenses down and part of keeping expenses down is trying to dismiss a claim or get it reduced or deny it. There have been some very disturbing things done over the years done by insurance companies in the name of saving money.
A motorcycle accident attorney works to get their clients a decent settlement or jury verdict. That is what they deserve. They don’t deserve the insurance company trying to reduce their compensation, and they certainly don’t need to come up short of compensation for life-altering catastrophic injuries, just because the insurance company wants to save money.
It’s emotionally draining to try and reason with the insurance company over how badly they are hurt and whether or not they really need expensive treatment to live the best life they can after their injuries. Leave the insurance company to a motorcycle accident attorney. It’s what they do best.
Hiring a seasoned motorcycle accident attorney to handle your claims is one of the smartest moves you could possibly make. It not only lets you get on with the business of healing, but allows your motorcycle accident attorney to get on with the business of getting you fair compensation.
There are two different types of motorcycle claims that a motorcycle accident attorney handles. The first type generally speaks to recovering damages for your bike, and the second type is to help you get an award for the personal/physical injuries you sustained because of the accident. When dealing with personal injury claims, there needs to be the element of negligence on the part of the person who caused the accident and that the negligence was the direct cause of your injuries.
One of the first things a client asks when they speak to a motorcycle accident attorney is about the damage to their bike. The good news is that if you and your motorcycle were badly damaged in an accident that was “not” your fault, you do have rights under the law to collect a motorcycle accident settlement.
One of the other questions that injured bikers ask is how they are going to pay their medical bills. Medical bills, lost wages and pain and suffering are all things that a motorcycle accident attorney can collect for a client in court. You should also be paid to replace or repair your damaged bike and recoup any out-of-pocket expenses you had to pay because of the accident.
This isn’t as easy as just giving the receipts to the insurance company. Give those receipts to your motorcycle accident attorney, because he will go to bat for you and get them covered. If you’ve been hurt in a motorcycle accident, why not call our office? Let’s talk about how we can help you.
Tags: catastrophic injuries, injury claim, motorcycle accident, motorcycle accident attorney, motorcycle claim, Negligence, pain and suffering, Personal Injury, personal injury claim, personal injury claims
Posted in Motorcycle Accident Lawyer | No Comments »
Wednesday, March 31st, 2010
If you’ve been in an accident with your ride and discovered later that the other guy was an uninsured motorist, this does tend to make things a bit more difficult to collect when it comes to claims. Note I said a little more difficult, “not” impossible. As a motorcycle accident attorney, there are ways to deal with situations like this, and I will discuss them with you if you happen to be in my office because you were involved in a smash up.
Yes, you’re right; driving without car insurance/motorcycle insurance is illegal. However, that doesn’t stop some people from doing just that, hitting the road without insurance. I have seen many cases as a motorcycle accident attorney that just make me shake my head at what some people try to get away with when it comes to operating a vehicle illegally. It’s a privilege to drive, not a right, and those who abuse that by driving without insurance are a menace looking for an accident.
The whole point behind insurance is that it’s designed to protect the owner of the vehicle and others if they are involved in a crash. You don’t need a motorcycle accident attorney to tell you that, as it’s the law of the land and common knowledge and those who opt to not carry insurance are being reckless.
For those that may not be too up on what insurance is supposed to accomplish, it boils down to this: if you are the one who caused the accident (the at fault party) damage is covered by your insurance and this protects you from being sued personally for the accident. On the other hand, if you were in an accident and the “other” driver is the at fault party, their insurance will cover your injuries/damages so you don’t pay out any money or choose to file a lawsuit by hiring a motorcycle accident attorney.
That takes care of two parties who do happen to have insurance. They can generally cover their own damages in a no-fault crash (if applicable) or cover the other person’s damages if they were at fault. When it comes to a motorcycle accident with an uninsured motorist, you could be looking at thousands of dollars in medical expenses and damages to your ride. So what do you do?
My job as a motorcycle accident attorney is to outline that you can have your own insurance pay for your injuries, but you will generally get stuck with having to pay out a lot of out of pocket expenses when you hit your insurance limit. Plus, making a claim on your own insurance, in most instances, causes a hike in your premiums. Rather sounds like being between a rock and a hard place doesn’t it? If you haven’t been in an accident yet…don’t delay….call your insurance agent and make certain you purchase as much uninsured motorist coverage as the agency will sell. Maximize this coverage…it is critical if you are injured by an uninsured driver.
Don’t give up. My experience as a motorcycle accident attorney will serve you well, because even though you can’t file a claim for injuries/damages against the uninsured motorist’s insurance because they don’t have any, you can (and many people have) sue the driver personally. This means a civil lawsuit and this is something a skilled motorcycle accident attorney will handle with ease.
The case would be based on facts that you can prove, that the other driver caused the accident and is therefore liable for your accident related costs. Should the courts agree with the argument, the uninsured motorist is ordered to pay you fair compensation for pain and suffering, property damage, lost wages and medical expenses, etc.
If you’ve been in an accident involving an uninsured driver, come see me and we’ll talk about what we need to do in a situation like this. My years of experience as a motorcycle accident attorney will benefit you in getting fair compensation.
Tags: accident, accident attorney, at fault, attorney, biker, bus, car insurance, claim, compensation, crash, damages, driving without insurance, fault, hitting the road, injury, injury claim, insurance, juries, killed, law, lawsuit, medical expenses, money, motorcycle accident, motorcycle accident attorney, motorcycle insurance, motorists, pain and suffering, suffering, uninsured motorist, vehicle, wages
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Sunday, March 21st, 2010
In lieu of the three recent Toyota recalls, many people are asking what legal options they may have if they have been injured in an accident involving a recalled vehicle, according to Los Angeles personal injury attorney Emery Ledger of Ledger & Associates. With over 8.5 million vehicles recalled in three separate recalls over the last six months, the number of accidents and deaths attributable to recalled vehicles continues to climb. The latest reports link over 50 deaths and hundreds of accidents to recalled Toyota manufactured vehicles. According to complaint filed with the National Highway Traffic Safety Administration (NHTSA), complaints involving accidents go back as far as the mid 1990’s, although cars that old are not currently part of one of the recalls. If you have been injured in an accident with a recalled vehicle, what are your legal options?
According to Los Angeles personal injury attorney Emery Ledger of Ledger & Associates, you may have a personal injury claim against the manufacturer. While each car accident has a unique set of facts, they all operate under the rules of negligence. Negligence, in legal terms, means fault or blame. In most car accidents, the negligent party is one of the drivers involved in the accident. Maybe someone ran a stop light or drifted into another lane. These are typical examples of negligence. You may not realize that a company can also be negligent.
Negligence basically requires that four elements be proven: Duty of care; breach of duty; causation; and damages, says Los Angeles personal injury attorney Emery Ledger. A vehicle manufacturer generally owes a duty of care to the people that will be driving, or riding, in a vehicle that they produce. If they have produced a vehicle with a defective part, then the argument is that they have breached their duty of care to the passengers in the vehicle. If that defective part is the cause of the accident, then causation has been met. Lastly, if someone is injured in the accident, then the damages element has also been met. While this is an overly simplified analysis of the elements of negligence, it gives you an idea how a vehicle manufacturer can be held responsible for injuries suffered in a car accident.
Additionally, in many states – California among them – more than one party can be held responsible for an accident. This is called a “comparative negligence” theory, according to Los Angeles personal injury attorney Emery Ledger. What this means is that a vehicle manufacturer and a driver could both share the blame for and accident. Only an experienced Los Angeles personal injury attorney can evaluate the specific facts and circumstances surrounding your case, but if you have been injured in a car accident involving a recalled vehicle, then you should seek the guidance of an attorney as soon as possible.
For an evaluation of you case, or if you would like additional information, contact Los Angeles personal injury attorney Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com.
Tags: causation, claim, comparative negligence, damages, deaths, duty of care, elements of negligence, emery, emery ledger, fault, four elements, highway traffic safety, injury, injury claim, istration, juries, law, Ledger, legal options, legal terms, los angeles personal injury attorney, million vehicles, national highway traffic, national highway traffic safety, national highway traffic safety administration, Negligence, nhtsa, Personal Injury, personal injury attorney, personal injury claim, recalls, safety, toy, toyota, toyota recall, traffic, traffic safety administration, typical examples, vehicle
Posted in Toyota Recall Attorney | No Comments »
