Posts Tagged ‘losses’

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.

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California Airplane Accident Lawyer Explains Wrongful Death Claims

Tuesday, June 8th, 2010

If you have lost a loved one in an airplane accident in California, you may be entitled to file as a claimant in a wrongful death lawsuit. Airplane accidents can have devastating effects on the families of those that perish in the accident. Losing a loved one unexpectedly can have a traumatic effect both emotionally and financially on a family. While a lawsuit will certainly not turn back the clock and prevent your loss, it may help ease the financial burden that you and your family are facing now and for the foreseeable future.

Airplane travel has become much safer than it once was, however accidents do still happen on a regular basis. When they happen, they are frequently caused by either pilot error or mechanical failure. Statistics tell us that at least half of all airplane accidents can be attributed, at least in part, to pilot error and/or mechanical failure. If either pilot error or mechanical failure were to blame in your loved one’s accident, then you may have a valid California wrongful death lawsuit, says California airplane accident lawyer Emery Ledger of Ledger & Associates. Under California law, if your loved one’s death was caused by the negligence or misconduct of another person or company, then you may be entitled to file as a claimant in a wrongful death lawsuit. Negligence is a legal terms that essentially means fault or blame. So what does filing as a claimant in a wrongful death lawsuit mean to you?

As a claimant in a California wrongful death lawsuit, you may be entitled to compensation for loss of future income, loss of household support and loss of affection, support, consortium and many other losses that you have suffered as a result of their untimely death. The California wrongful death statutes are intended to protect surviving victims from the huge financial burden that is thrust on them when they unexpectedly lose the financial and emotional support of a loved one. If you were dependent on the decedent financially, emotionally or practically, then you may be entitled to recover compensation for the loss of that support. Through a wrongful death lawsuit, you can receive compensation that will help support you and your family in the future. In a wrongful death claim, the court will take into account the amount of support you received from the decedent before their death and calculate what you could have reasonably expected to receive throughout the normal life expectancy of the decedent (or you – whichever amounts to less time). If the decedent did not contribute financially to the family, but contributed to the household, that support can also qualify for compensation in a wrongful death claim.

You owe it to yourself and to your family to pursue whatever legal remedies are available to you to see that your family is secure for the future. If you have any additional questions or would like a free and confidential detailed evaluation of your potential California wrongful death airplane accident case, please contact the California airplane accident law firm of Ledger & Associates at 1-800-300-0001 or visit their website at www.ledgerlaw.com.

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California Attorney Discusses the Difference Between a Survivor Action and a Wrongful Death Action

Tuesday, May 18th, 2010

If you have lost a loved one through the negligence or other intentional wrongful act of a person or persons, then you may be entitled to file a wrongful death or survivor action in the State of California. So what are these two types of actions and how are they different?

A wrongful death action is governed by California Code of Civil Procedure Section 377.60 and is filed by one, or more, of the heirs of the decedent. The heirs that are qualified to file are generally close family members such as spouse, children, parents or heirs of those family members. The theory behind a wrongful death action is that the heirs have the right to file for compensation for the future support that they would have received from the decedent had he lived. They may also recover for non-economic losses such as loss of companionship, support and consortium. While these are called “non-economic” losses, they are compensated in monetary terms. The computation of damages in a wrongful death action is very complicated and must take into account numerous factors such as the earning capacity of the decedent at the time of death, future earning capacity, age and health at time of death and contribution to the support of the household. What are NOT taken into account in a wrongful death action are any damages suffered by the decedent prior to his actual death. In other words, if the decedent did not die immediately, any damages that the decedent suffered are not compensable in a wrongful death lawsuit. Additionally, punitive damages cannot be awarded in a wrongful death lawsuit.

A survivor action is governed by California Code of Civil Procedure Section 377.30 and is filed in the name of the deceased by a living representative. Any compensation won in a survivor action is then paid to the heirs of the decedent through the decedent’s estate. A survivor action is intended to compensate the decedent for damages suffered by the decedent before death. In other words, if the decedent was in an automobile accident and was not killed immediately on impact, then any time that the decedent lived from the moment of impact until death is compensable. The time of survival can be only seconds or months in theory. The important issue in a survivor action is whether the decedent survived for ANY period of time after the incident or accident that gave rise to the death happened. Damages in a survivor action are limited to damages actually suffered by the decedent such as medical bills prior to death; however punitive damages can potentially be awarded in a survivor action if it can be proven that the Defendant’s conduct was willful, wanton, reckless or malicious. This is a significant difference between a wrongful death action and a survivor action.

If you have suffered the loss of someone close to you and would like additional information on your legal options, please feel free to contact the California law firm of Ledger & Associates for an appointment with attorney Emery Ledger. The lawyers at Ledger & Associates have been fighting for victims and their rights for over a decade and would be happy to sit down with you for a free and confidential detailed evaluation of your case. They can be reached at 1-800-300-0001 or online at www.ledgerlaw.com

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Posted in Attorney-Lawyer, Wrongful Death Lawyer | No Comments »

What Should I Do After I Sustain A Personal Injury?

Monday, February 8th, 2010

Many people, who were involved in an accident, are a little weary about what to do next. They often don’t want to rush into retaining a lawyer for fear of getting roped into extensive legal fees. Or maybe they are not sure if they even have the right to file a lawsuit, and will it be worth it? Most people will immediately call their insurance company first, but you may want to stop and reconsider this.

In general, if you were involved with a person or business that left you at a loss; either personal or financial, you have a right to be compensated. Typical examples of loss are car accidents, assaults, dog bites, slip and fall accidents, just to name a few. The most common accidents are car accidents. However, many people don’t know that most businesses are required to clear and maintain their sidewalks for safe passage. If they fail to do so, and you get hurt, you are entitled to some kind of monetary compensation.

Anyone who owns an animal is also expected to keep it under control. If that pet damages you or your property, you are then entitled to a recovery of the cost of damages. Recovery typically covers the costs of lost wages, property damage, health care expenses, and in some cases pain and suffering.

The first thing a good lawyer will do, is determine if the other party truly has a liability for your losses, and how much are these losses worth. He will also assess if you played a part in the negligence, and if so, to what degree? If you are found to be responsible for some of the damage, you will also need to contribute to restoring the situation to the way it was before the accident.

Recovery is also based on everyone’s ability to pay. If the parties involved carry little or no insurance, and have few assets, maybe everyone should just write the matter off as a lesson learned. An experienced lawyer will know right away how to determine if the pain and suffering of a law suit is worth the pain and suffering a recovery may bring.

In the case of a car accident, every car is required to carry insurance; however, most drivers are underinsured. Just because someone has a car accident, and has car insurance, doesn’t mean that they will be able to grant you a large settlement. The same is true for you. If you were involved in an accident and the other party doesn’t have any insurance, you may carry uninsured motorist coverage on your policy, but it will take an experienced lawyer to find a way to convince the insurance company to give any of it to you.

Personal injury law and insurance policies can be very complex subjects to work with. It takes someone with knowledge in both these matters to make sure that you are treated fairly, and swiftly, and to make sure you don’t get lost in the paperwork.

Contacting a lawyer right away will ensure that vital evidence is collected and at least stored for further use, even if you decide not to pursue legal action now. This evidence can be time sensitive; so statements should be taken, and evidence gathered before it is forgotten or unavailable to you months from now.

You also need to be very careful about what you say to others involved. You are not required to give a statement on any matter, at any time. Simple statements can be twisted and used against you by the other side, so it is wise to have an attorney at least available if not present before you decide to the communicate with the insurance companies. Insurance companies have a great interest in keeping their money, and they know how to avoid paying claims if at all possible.

After all the evidence is gathered, you will need to present it in such a way as to represent you in a clear light. Contacting a lawyer is the best way to accomplish all this, and protect you from further damage.

Most personal injury lawyers will work on a contingency basis, so your legal fees are in general taken out of your settlement. If there is no recovery, there is no fee. You will be expected to pay for filing fees, copies, transcripts, etc., but a decent lawyer will make you aware of these costs up front, as well as what he expects to recover before you get into any extensive legal work.

An experienced lawyer will also often be able to avoid many of these expenses by avoiding court all together. Many personal injury cases are settled out of court, therefore minimizing the costs of resolution. Negotiating, mediation and arbitration are 3 ways to resolve conflicts professionally, and minimize the costs of recovery.

If you do have to go to trial, this could take a long time. What if you need medical care before that? This is another reason to consult with a good attorney and allow him to direct you to various services that are sympathetic to the needs of accident victims. A typical example would be going to a chiropractor after a car accident. Many insurance companies still resist chiropractics claiming that they are not nationally recognized, but a good personal injury lawyer will make sure that you get the medical care you need, while you are waiting for trial; and some lawyers can help you find a doctor who understands these things and is willing to work with you under these circumstances.

So if you were involved in an accident of any size, it might be worth your while to call a lawyer first, before you rush off to the insurance company. Ledger Law offices are a great place to start. Call 800-300-0001 today to learn more today.

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