Posts Tagged ‘lawyer’
Tuesday, July 27th, 2010
If you have just been involved in a car accident you have many decisions to make but the most important one could be whether to hire an attorney. This article will discuss some of the common pitfalls to handling a case on your own. The problem is that the general public has no knowledge of many of the issues involved in their cases and could miss something that could be pertinent.
Public Entities
It is fundamental to know who the defendant is immediately. If the person who hit you was working for the government or paid by the government then a public entity could be involved. If the defendant is a public entity then you only have six months to file your claim with the entity. There are additional time and other rules that apply. For purposes of this discussion, if you fail to file your claim with the government/public entity within the six month period from the date of the accident you could lose all your rights to any recovery.
Health Insurance Companies
If you have health insurance and they have paid for some or all of the medical treatment that you have received for injuries that you sustained due to the accident then they may have a right to recovery from your settlement proceeds. You may want to take a closer look at your health insurance policy to see what their requirements are because sometimes they have to assert notice of their lien (or right to recovery). “Notice” is a legal term which usually means that they must give notice by complying with the applicable notice requirements.
Med Pay
Med Pay, in California, is almost without exception “excess reimbursable.” This means that you can only use it if your health insurance company (if you have one) does not cover the particular medical treatment. Med pay is coverage on your auto insurance policy. If you don’t know what it is then chances are that you don’t have it. It is something to consider purchasing, especially if you don’t have health insurance. People can run into problems with both the “excess” and “reimbursable” issues. It can be hard to show that your health insurance company does not cover the treatment or show that it is “excess” because you are dealing with such large corporations which are not easily accessible to the average consumer. Most people don’t realize that their med pay coverage is reimbursable, however, in most cases you have to pay this money back to your auto insurance company because they have a right to reimbursement. There can be ways of either reducing the amount of reimbursement or getting around having to reimburse them altogether.
Medi-Cal and Medicare
There may be statutory liens on any recovery that you may have received. This means that companies such as Medi-cal and Medicare could have a right to recover the money they paid out for medical bills for treatment your received that was related to the accident by law.
In closing, there are clearly many issues that could come into play. You may want to consult an car accident attorney rather than trying to handle your case by yourself.
Tags: accident attorney, auto accident, auto insurance policy, car accident, car accident attorney, health insurance policy, lawyer, medical treatment, pitfalls, public entity, settlement proceeds, six months, your rights
Posted in Auto 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
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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
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
Posted in Motorcycle Accident Lawyer | No Comments »
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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Monday, June 28th, 2010
If you have personally been the victim of a California airplane accident, or have lost a loved one to an airplane accident, then you are probably aware of the need to ascertain the services of a qualified and experienced California airplane accident lawyer. Finding the right lawyer can be a frustrating and time consuming process. While choosing a lawyer can be a highly personal decision and may be based on a number of individual criterion, there are a few things that you may want to consider to help you make the right choice.
1. Decide what type of lawyer you are looking for. This may seem like an obvious point, but lawyers generally specialize in one or two areas of the law. While any lawyer that is licensed to practice is technically allowed to handle an airplane accident case, wouldn’t it make more sense to choose a lawyer that handles nothing but accident cases? Therefore, when you are making your list of possible lawyers, make sure you ask what type of cases they handle and what percentage are injury cases.
2. Ask for referrals. This is frequently the best source for information on a lawyer. Ask friends, relatives or people you work with whether they have ever used the services of an accident lawyer. First hand experience can be an invaluable insight into the service you can expect to receive from a lawyer.
3. Search the Internet. These days, almost everything can be found on the Internet. Most lawyers have websites that can give you an overview of who they are and what type of cases they handle. You may also be able to find information about how long they have been practicing, where their offices are located and get a feel for what their philosophy of practice is just by spending a few minutes perusing their website.
4. Narrow your list. Once you have spoken to friends and relatives and spent some time looking over websites, narrow down your list to three to five potential lawyers in your area. Make calls to them and find out if they offer free consultations and make an appointment to meet with them in person.
5. Prepare for your consultation. Again, this may seem obvious, but many people leave a lawyers office and realize they forgot to ask some of the most important questions. Prepare a list before hand and make sure you get all the answers you seek. Ask the lawyer how long they have been practicing, how many trials they have done and what their success rate has been for starters. Feel free to ask anything else that applies to your specific circumstances. You only get one chance at a first meeting so make it count.
Once you have done all of the above, you should be in a better position to make a decision regarding who you wish to hire to represent you in your California airplane accident case. If you are looking for a lawyer and would like a free detailed evaluation of your case, please make an appointment with the airplane accident law firm of Ledger & Associates. They can be reached by calling 1-800-300-0001 or visit them online at www.ledgerlaw.com
Tags: accident, accident case, accident cases, accident lawyer, airplane, airplane accident, consultation, finding the right lawyer, free consultation, free consultations, information on a lawyer, lawyer, lawyers, Ledger, ledgerlaw.com, plane accident
Posted in Aviation Accident Lawyer | No Comments »
