Posts Tagged ‘personal injury attorney’
Friday, July 23rd, 2010
So you’ve been in a car accident, slipped and fell at the mall, tripped over a broken sidewalk or had another unpleasant thing happen to you? Here is a list of things you may not have considered before that are extremely important to your case:
Contact an Attorney Immediately
You may be an excellent teacher, construction worker, homemaker, hair stylist or accountant, but you’re not an attorney. You wouldn’t perform an appendectomy on yourself, so why would you take on an insurance company alone? Personal injury attorneys are trained in the art of negotiation. It’s what we do all day, every day. By attempting to handle your personal injury claim yourself, you may be doing more harm than good. Unfortunately, by the time you realize that you do, in fact, need help, it may be too late. There is a small window of time following an incident in which your attorney can preserve evidence, file a claim, identify the responsible party, etc.
Follow Your Doctor’s Advice
If your doctor recommends that you receive treatment 5 days a week, you need to receive treatment 5 days a week. We’re all busy and have a million other things we’d rather do than visit the doctor, but it’s imperative that you treat regularly and according to your doctor’s orders. There are two reasons regular treatment is so important. First, you will start to feel better that much sooner. Your doctor has created a treatment plan just for you. He or she knows the best way to get you back on your feet and back to living your life. Second, the quality and quantity of your treatments directly impacts the settlement offers you will receive. If the insurance company finds out that you missed appointments or failed to treat as often as your doctor recommended, they will automatically assume that your injuries are not as serious as you claim and offer a small settlement, or even refuse your claim altogether. Your attorney’s negotiating power is drastically diminished when your treatments are sporadic.
Be Completely Honest
We all have skeletons in our closet that we’d prefer didn’t come to light. Keeping secrets from your attorney, however, can cause irreparable damage to your personal injury case. If you were uninsured at the time of the accident, tell your attorney. If you were wearing sky-high stilettos when you fell, tell your attorney. If you have a criminal record, tell your attorney. He will not judge you. He will not scold you. He will tailor the case so that your interests are protected and your life normalized.
Have Realistic Expectations
Your attorney is going to do everything in their power to get your medical expenses paid and put some money in your pocket. His goal is not, however, to pay for your European vacation or buy you a new house. A settlement is not going to put you in a position where you never have to work again; it is going to make it so that you can work again.
Tags: car accident, Personal Injury, personal injury attorney, personal injury attorneys, personal injury case, personal injury claim, settlement offer
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Thursday, July 1st, 2010
If you have been in an accident in California, you may be concerned that you were partially to blame for the accident. This becomes an issue most often in car accidents; however it can apply to many different types of accidents. The good news is that even if you were partially to blame, you may still be entitled to compensation for the injuries you suffered as a result of the accident.
According to California accident layer Emery Ledger of Ledger & Associates, California follows the comparative negligence theory of negligence. In the United States, states are allowed to legislate their own laws, as long as they adhere to the protections afforded by the Constitution of the United States. Historically, states chose to follow one of two theories of negligence – contributory or comparative negligence. Under the contributory theory of negligence, if you “contributed” to the accident in any way, then you were not entitled to ANY compensation for the injuries that you suffered. Many times, this results in a very unfair outcome. Imagine that you were traveling five miles over the speed limit when a drunk driver slammed into you head on. Technically, you were negligent because you were speeding, however most people would agree that you should still be entitled to compensation as your contribution to the accident was extremely minimal. For this reason, all but five states have abandoned the contributory theory of negligence in favor of the comparative approach.
The comparative approach to negligence allows any number of people or entities to share the blame – or negligence –for an accident. Under comparative negligence, all parties to the accident that are determined to be negligent will be assigned a percentage of the blame. As long as your percentage of blame is less than the other parties’ percentage, then you may still be entitled to recover compensation for your injuries. To make comparative negligence easier to understand, imagine the following car accident:
You are driving along the freeway and are speeding about ten miles per hour over the speed limit. The car a few car lengths behind you hits a pot hole in the road and slams into your car. After an investigation, it turns out that the driver of that car was also intoxicated.
There are at least three possible negligent parties in that accident: the driver of the car that hit you, the city or state that was responsible for maintaining the freeway, and you. Your share of the negligence – based on speeding – would likely be far less than the negligence of either the city/state or the intoxicated driver. As an example, let’s say that your share of the negligence was 10%. If your total damages (injuries) totaled $10,000 in that accident, then you would be entitled to receive $10,000 minus the amount that represents your percentage of the negligence. In this case – 10% or $1,000. Therefore, you would still be entitled to collect $9,000 from the city/state and/or the intoxicated driver.
Tags: accident attorney, accident lawyer, car accident, car accident attorney, car accidents, car crash lawyer, comparative approach, comparative negligence, negligence theory, personal injury attorney, personal injury lawyer
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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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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.
Tags: BP Oil Spill, Bp spill oil, center for disease control, commercial fishing, damages, dramatic changes, environmental resources, environmental tragedy, exxon, gulf coast area, gulf oil, health issues, injury, irreversible damage, lawyer, losses, monetary compensation, ocean water, Personal Injury, personal injury attorney, seafood industry, settlement
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Monday, June 14th, 2010
Myth: Mild Traumatic Brain Injuries (TBI) Are not serious or disablingAccording to the National Institute of Health (NIH), this myth is false and can cause dangerous repercussions for individuals who do not take the proper action following a traumatic accident. In fact, the NIH claims that consequences of TBI include dramatic changes in the individual’s life course. This can go so far as to disrupt the dynamic of a family or catalyze enormous loss of income or earning potential and large expenses over a lifetime.
Unfortunately, traumatic brain injuries occur every day, with approximately 1.4 million individuals who sustain such injuries each year. Emerging from this number, fifty thousand victims will die each year from TBI, with an additional 300,000 who are hospitalized, and 1.1 million who are treated in emergency care. This staggering number reveals that, on average, an accident involving a brain injury occurs every 22 seconds with the largest demographic of patients that suffer from traumatic brain injuries are children under the age of 10.
Brain injuries are unlike any other injury because brain injuries can occur on a microscopic level, many times unable to be detected by CT scans, EEGs, and X-Rays. However, despite the lack of physical evidence, brain injuries have serious consequences. Approximately half of injured patients will receive some sort of surgical repair or removal following the incident. In the United States alone, costs of TBI reach upwards of $56 billion each year (as estimated by the California Brain Injury Association). Clearly, the cost to the patient for treating a traumatic brain injury can end up costing more than what many people may earn in a lifetime. At an estimated 50%, victims suffer TBI’s as a result of motor vehicle accidents, physical blows, and assaults – which results in innocent civilians being brutally harmed. Why then, should you be responsible for paying the cost to treat your injury? Shouldn’t the party at fault be held responsible for their actions? Many patients are simply victims that find themselves in the wrong place at the wrong time and are sometimes forced to deal with physical side effects and symptoms that can be prolonged for years. Moreover, the social consequences of mild, moderate and severe TBI are many and serious, including increased risk of suicide, divorce, chronic unemployment, economic strain and substance abuse.
The laws of California allow victims of brain injuries to sue a negligent party for damages caused by such negligence that may have resulted in their brain injuries. More so, victims or individuals suing on behalf of their loved ones deserve to be fairly compensated for their pain and losses. Our attorneys will determine who wrongfully caused such injury and help to recover compensation that may include:
- Medical bills
- Lost wages
- Rehabilitation therapy
- Pain and suffering
- Permanent disability
- Other accident related expenses
For any additional questions or information regarding traumatic brain injuries, please contact California personal injury lawyer Emergy Ledger of Law Offices of Ledger & Associates at 1-800-300-0001 or visit his website www.LedgerLaw.com.
Tags: accident attorney, accident law firm, accident lawyer, attorney, brain injury association, dramatic changes, emergency care, innocent civilians, lawyer, mild traumatic brain, motor vehicle accidents, personal injury attorney, physical blows, physical evidence, repercussions, traumatic accident, traumatic brain injury
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Saturday, June 5th, 2010
If you are suffering from mesothelioma, then you may already have some idea of how expensive the treatment will ultimately be. As with most cancers, there is no known cure for mesothelioma. Doctors can aggressively attack the cancer with drugs, radiation and chemotherapy as well as alternative medicines and cutting edge therapy, but the survival rate is not high and the cost of that treatment can be exorbitant.
Mesothelioma was once considered a very rare form of cancer that attacks the mesothelium – a sac that surrounds and protects many of our internal organs including our lungs. In recent years, the number of mesothelioma diagnoses has risen dramatically with even more cases expected to surface over the next couple of decades. The reason for the rise in cases over the past couple of decades is that unlike most cancers, mesothelioma has an extremely long latency period – in some cases as long as 50 years. The cancer’s long latency period means that the patients being diagnosed today were most likely exposed to asbestos in their work environment decades ago. While it is possible to develop mesothelioma without exposure to asbestos, doctors and scientists all agree that the biggest risk factor for developing the cancer is asbestos exposure. As many as 90% of all mesothelioma cases can be traced back to asbestos exposure.
The cost for treatment of mesothelioma can run over one million dollars. The cancer fighting drugs that are used to try and combat the cancer can cost over $5,000 per round of treatment. Gene therapy, another possible treatment for mesothelioma patients can run from $150,000 to $950,000 with no guarantee of success. Clearly, the cost to the patient for treating mesothelioma can quickly exceed what many people earn in a lifetime. Why should you be responsible for paying the cost to treat a disease that was likely caused by the negligence of someone else?
The laws of California allow victims to sue a negligent party for injuries and damages caused by that negligence. According to California personal injury lawyer Emery Ledger of Ledger & Associates, California law has a special statute dedicated to victims of asbestos related injuries. Under the asbestos statute, victims of asbestos related injuries may file a lawsuit up to one year after suffering from a disability related to the asbestos or within a year after they reasonably should have known they were suffering from a disability related to the exposure to asbestos. What this means for mesothelioma sufferers is that even if your exposure to the asbestos was 30 years ago, if you have just now been diagnosed with mesothelioma, you may still be able to file a lawsuit against the manufacturers of the products that contained the asbestos or your employer – both. If you are successful in your lawsuit, you may receive compensation for your injuries and your pain and suffering. Under California law, a negligent party can be held responsible for all the medical bills associated with the injuries that they caused which would go a long way in easing the burden on you – the victim.
If you believe that you are a victim of asbestos related mesothelioma and would like to explore your legal options, contact California personal injury lawyer Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit his website at www.ledgerlaw.com.
Tags: asbestos claim, attorney, california law, compensation, damages, emery, emery ledger, injury, juries, law, lawsuit, lawyer, Ledger, ledgerlaw.com, legal options, lungs, medical bill, medical bills, Mesothelioma, mesothelium, Negligence, options, pain and suffering, Personal Injury, personal injury attorney, personal injury law, personal injury lawyer, suffering
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Thursday, June 3rd, 2010
If you, or someone close to you, has been diagnosed with mesothelioma cancer, you probably already know that there is an excellent chance that the cancer developed from exposure to asbestos many years ago – probably in a work setting. What you may not know is that despite that fact that the exposure to the asbestos that caused the cancer may have been decades ago, you may still be entitled to receive compensation for the cancer that it is causing now. According the California personal injury lawyer Emery Ledger of Ledger & Associates says that under California negligence laws, it may not be too late to file a mesothelioma negligence lawsuit.
Negligence is a legal term used to describe fault. In order for someone – a person, entity or company – to be found negligent, you must meet four basic elements. First, the defendant (person, entity or company you are suing) must have owed a duty of care to the plaintiff (you). Second, the defendant must have breached that duty of care. Third, that breach must be the cause, or one of the causes of the injuries you have suffered. Last, you must prove damages. Damages refers to injuries, either physical or emotional, that you have suffered as a result of the defendants’ actions or inactions. The laws of negligence are extremely complicated and case specific, however a general idea of how they apply in mesothelioma cases can be summed up as follows: In mesothelioma cases, negligence is often found as a result of a duty of care that was owed to you as an employee or as someone that was handling the materials used in your work. The breach of care comes in because the materials you were using had high levels of asbestos in them causing you to inhale asbestos dust. That asbestos dust eventually found its way to your lungs and over a period of years or decades caused the mesothelioma cancer that you are now suffering from.
California uses a form of negligence known as comparative negligence. What this means is that more than one defendant can be responsible for the damages you have suffered. Additionally, you can even share some of the blame for your injuries – as long as the other defendants were MORE responsible then you may still be entitled to compensation. In the case of mesothelioma cancer, it is often the case that a previous employer as well as numerous manufacturers of asbestos laden materials all share a part of the negligence for your injuries.
While many personal injury cases must be filed within a relatively short time period after the incident that gave rise to the injuries, the California legislature has enacted a special rule for asbestos cases. Under California law, the time frame for the statute of limitations does not begin until you suffer from a disability associated with the cancer or should have known that you were suffering from a disability associated with the cancer. What this may mean for you is that even if your exposure to asbestos was many years ago, if you are just now suffering the effects of the exposure then you may still be entitled to file a lawsuit and receive compensation for your injuries.
For additional information about asbestos related mesothelioma, feel free to contact California personal injury lawyer Emery Ledger of Ledger & Associates through his website at www.ledgerlaw.com or at his toll-free number 1-800-300-0001
Tags: asbestos, california law, comparative negligence, compensation, damages, defendant, duty of care, emery, emery ledger, fault, injury, juries, law, lawsuit, lawyer, Ledger, ledgerlaw.com, lungs injury, Mesothelioma, Negligence, Personal Injury, personal injury attorney, personal injury case, personal injury cases, personal injury law, personal injury lawyer, plaintiff, statute of limitations
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