Posts Tagged ‘lawsuit’
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
If you have been involved in a California personal injury accident that was not your fault, you probably have a number of questions about how the legal process works once you have filed a lawsuit against the negligent driver. A personal injury lawsuit begins with the filing of a complaint against the negligent party or parties. Each side then tries to determine what happened in the accident and what evidence is available to support or contradict the claim of negligence. One way that lawyers try to determine what evidence will be presented in a court trial is to take depositions.
A deposition is the sworn testimony of a witness taken before trial. The testimony is generally taken at one of the lawyer’s offices. There is no judge present during a deposition but each witness is placed under oath and must swear to tell the truth. Lawyers for both sides may then ask questions. The questions and answers are recorded and later transcribed by a court reporter.
In most cases, anything that you testify to in a deposition may be introduced at a later trial. Additionally, if the witness is unavailable when it is time for the trial, the answers given during the deposition may be entered into the record as if the witness were present. The deposition process is very formal as a rule. You will sit with your attorney and a representative from the opposing party will be there with their attorney. Once you are sworn in, the attorney for the opposing party (in this case the other driver) will begin asking you questions. Taking part in a deposition can be an intimidating process but the better prepared you are the more relaxed and comfortable you will feel. California personal injury attorney Emery Ledger of Ledger & Associates offers the following tips to help make the deposition process easier for witnesses:
1. Spend time preparing with your lawyer before the deposition. The legal process in general can be scary if you are new to it. A deposition can be very formal and may make you feel somewhat uncomfortable if you are not prepared well. Spend as much time as you need with your lawyer ahead of time practicing what the deposition will be like. By doing this, you will know better what to expect and be more comfortable answering the questions.
2. Listen carefully to the question. Always listen to what the lawyer is asking you. If your lawyer objects to the question being asked then wait until the lawyers have finished debating the objection and your lawyer gives you the go ahead to answer it.
3. Answer only the question being asked. Try to focus on exactly what the lawyer is asking you. Do not add any additional information. Be truthful in your answer but do not offer additional information. If you feel that an explanation for your answer is needed, speak to your lawyer and they can decide whether to bring that information out when it is his turn to ask questions.
4. Stay calm. Sometimes, the lawyer for the opposing party may ask questions that you feel are offensive or that anger you. Try to remain calm and simply answer the question unless your lawyer tells you that you do not need to. If you feel that the question creates a misunderstanding or leads to an incorrect conclusion then tell your lawyer and let him straighten it out when it is his turn to question you.
If you have any additional questions about the deposition process or accident litigation in general, please feel free to contact California personal injury lawyer Emery Ledger at Ledger & Associates 1-800-300-0001 or online at www.ledgerlaw.com.
Tags: accident, attorney, attorney emery ledger, california personal injury attorney, claim, complaint, deposition, depositions, emery, emery ledger, fault, injury, injury accident, law, lawsuit, lawyer, lawyers, Ledger, ledgerlaw.com, litigation, Negligence, negligent driver, Personal Injury, personal injury accident, personal injury attorney, personal injury law, personal injury lawsuit, personal injury lawyer, questions and answers, to tell the truth, witness
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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
Posted in Auto Accident Lawyer | No Comments »
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.
Tags: asbestos, california law, compensation, damages, defendant, duty of care, economic damages, emery, emery ledger, injury, juries, law, lawsuit, lawyer, Ledger, ledgerlaw.com, lungs, malignant cancer cells, medical bill, medical bills, Mesothelioma, Mesothelioma lawyer, Negligence, numerical value, pain and suffering, Personal Injury, personal injury case, personal injury cases, personal injury law, personal injury lawsuit, ploy, punitive damages, states, statute of limitations, suffering
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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.
Tags: accident, accident attorney, accident case, accident cases, accident law firm, accident lawyer, accident victims, accidents, airplane, airplane accident, airplane accidents, amp, attorney, attorney ledger, california accident lawyer, car accident, car accidents, cat, compensation, consultation, dents, emery, emery ledger, insurance, juries, law, law offices, lawsuit, lawyer, lawyers, Ledger, ledgerlaw.com, medical treatment, monetary compensation, motorcycle accident, motorcycle accidents, Negligence, plane accident, police reports, responsible party, schedule, train accident, train accidents
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Wednesday, June 16th, 2010
If you have recently lost your spouse, parent or other loved one as a result of mesothelioma cancer, you are not alone. What was once considered a very rare form of cancer has seen a sharp rise in prevalence in the last few decades. Experts point to the thousands of products that were produced with heavy amounts of asbestos in them during the last century as the main reason for the increase in mesothelioma cancer.
The link between asbestos and illness or even death has been known since the turn of the century. Sadly, no one did anything to limit workers’ exposure to the deadly asbestos dust particles until the 1980’s. In the meantime, millions of American workers in the auto industry, textile industry and construction industries were exposed to asbestos dust on a daily basis. For many workers, the exposure went on for decades. Millions of unsuspecting workers went to work every day for years not knowing that the very air they were breathing might cause them to die of mesothelioma cancer years, even decades, later. The risk associated with asbestos dust was sometimes even transferred to family members that lived in the same house when the dust was brought home on the worker’s skin or clothing.
Now, decades later, we are seeing a sharp increase in the number of people diagnosed with mesothelioma cancer. Doctor’s agree that the single biggest risk factor for mesothelioma cancer is previous exposure to asbestos – generally in the workplace. So where does that leave you if you have lost your spouse or another family member to this horrible cancer? Under the laws of the State of California, you may be entitled to file as a claimant in a wrongful death lawsuit, says attorney Emery Ledger of the mesothelioma law firm Ledger & Associates. As a claimant in a wrongful death lawsuit, you may be entitled to compensation for the loss of your loved one. Under the California wrongful death statutes, you may be entitled to compensation for the loss of financial and/or household support as a result of the death of your loved one. Whether your loved one worked outside of the house or inside the house, if you were dependant on their support to make your household run, then you may be entitled to compensation for that loss. You may also be entitled to compensation for the loss of love, comfort, companionship, affection, moral support, solace and consortium (if applicable). The exact value of your California wrongful death claim will depend on a number of factors including the age and health of the decedent aside from the cancer, your age and life expectancy, the length and type of relationship you had with the decedent and many other factors. Only an experienced California mesothelioma lawyer can evaluate your specific case and advise you what it may be worth.
If your loved one lost his life as a result of someone else putting him in harms way, then they should be held accountable. Remember that there is a limited amount of time within which to file a claim under California law so time is of the essence. Contact a mesothelioma law firm today.
Tags: california law, claim, claimant, companionship, compensation, death lawsuit, decedent, family members, law, lawsuit, lawyer, Ledger, ledgerlaw.com, Mesothelioma, Mesothelioma lawyer, risk, state of california, wrongful death, wrongful death case, wrongful death claim, wrongful death law, wrongful death laws, wrongful death lawsuit
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