Posts Tagged ‘your rights’
Monday, August 2nd, 2010
By: Staff Legal Reporter
California is a biker’s paradise. With 840 miles of coastline to ride along on one side of the state and the Sierra Nevada Mountains to ride through on the other, there is never a shortage of scenery for riding in California. Add to that the incredible weather that California enjoys almost year around and you have the perfect recipe for motorcycle enthusiasts. The over one million registered motorcycles in the state of California are a testament to the fact that bikers agree that California is indeed a biker’s paradise. Unfortunately, even in a paradise like California accidents can happen. All too often those accidents can be fatal. If a loved one -your spouse, parent, brother or child for instance – has been involved in a fatal motorcycle accident in California there are things that you should be aware of to protect the future for you and your family.
First you should understand the statistics. Motorcyclists represent just 2% of the total registered vehicles on the road yet they account for over 9% of all fatalities. Studies tell us that vehicle failure accounts for only 3% of all fatal accidents and roadway defects for only 2% of all fatal motorcycle accidents. Another vehicle is involved in a motorcycle accident three-fourths of the time. Of the accidents where another vehicle is involved, the other vehicle is at fault over two-thirds of the time. The most common cause given for other vehicles causing an accident with a motorcycle is that they failed to detect the presence of the biker. What these statistics mean to you, the surviving family member, is that there is a very good chance that the accident that took the life of your loved one was caused-at least in part-by the other driver.
Second, you should understand what legal option you and your family members have as a result of the fatal motorcycle accident. If the accident that took your loved one from you was indeed caused by another motorist, then you may be entitled to file as a claimant in a California wrongful death lawsuit. As a claimant in a wrongful death lawsuit you may be awarded compensation for the loss of loss, affection, financial and moral support as well as other losses that you have suffered as a result of the death of your loved one. A wrongful death award is intended to help you and your family with the financial realities that will affect you now and in the future. No one wants to think about lawsuits when they have lost someone they love, but it is important that you understand your rights and what compensation you may be entitled to. If your loved one supported you-financially or otherwise-while they were alive then wouldn’t they want you to be supported after their death as well?
If your loved one was killed in a fatal motorcycle accident in the state of California and you believe that another driver was at fault, please contact California motorcycle accident attorney Emery Ledger at Ledger & Associates for a free detailed evaluation of your case at 1-800-300-0001 or online at www.ledgerlaw.com.
Tags: accident, accident attorney, accidents, attorney, bikers, california motorcycle, california motorcycle accident attorney, claim, claimant, compensation, death lawsuit, dents, emery, emery ledger, family members, fatal accidents, fatal motorcycle accident, fatal motorcycle accidents, fault, killed, law, lawsuit, lawsuits, Ledger, ledgerlaw.com, losses, motorcycle, motorcycle accident, motorcycle accident attorney, motorcycle accidents, motorcycle attorney, motorcycle enthusiasts, motorcycles, motorcyclist, motorcyclists, state of california, statistics, surviving family, vehicle, weather, wrongful death, wrongful death law, wrongful death laws, wrongful death lawsuit, your rights
Posted in Motorcycle Accident Lawyer | No Comments »
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, 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 »
Thursday, March 25th, 2010
In our first post dealing with things you really are better off not saying to any insurance company, we covered a fair amount of ground, but kept some further tips and tactics for you to think about.
Being an auto accident attorney for as long as I have, I have seen a whole lot of car crashes, heard hundreds of stories from clients about insurance companies giving them the short end of the stick and have handled numerous claims to a successful conclusion for my clients. This is what an auto accident attorney does. When good people have bad things happen to them and need help, we are right there to give them a hand.
The last thing we talked about is waiting to sign a medical release. That makes good common sense, because sometimes injuries don’t show up and cause you grief until a few days or even months later. This is one of the major reasons for not signing any medical release that would cut you off at the knees when it came to a fair settlement.
An auto accident attorney gets calls about this all the time from people who don’t know what to do when the insurance company insists they need to sign a medical release. The answer is you do nothing until talking to your auto accident attorney and you wait; wait until you know the full extent of your injuries.
I wanted to mention something that very few people are familiar with, and that is not giving out any information about the name of your doctor or any names of members of your family. You might be wondering why not, and the answer is that the insurance company just may call them for more information about you, as in what did you say to them about the accident? Information like that can hurt your case, so silence is golden. If you aren’t certain about something, call your auto accident attorney for advice. That is what they are there for in the first place.
Unfortunately, a lot of accident victims don’t have a really good idea of the value of their insurance claim. Thus, when the insurance company approaches them and offers a sum that sounds great, they often jump at it. After all, the insurance company wouldn’t try to rip you off would they?
Well, remember this, the insurance company wants to pay you as little as it can get away with and close the file quickly. Do not immediately say you will accept their offer. Call your auto accident attorney and let him know about the offer. Your auto accident attorney is there to guide you through the settlement process and he will tell you right away not to take their offer and that you are entitled to more.
Also, it’s never a very good idea to tell the insurance company that you don’t have an auto accident attorney. This is a little like waving a red flag at a bull. Find one quickly, because having an auto accident attorney fighting for your rights will get the attention of the insurance company and up the chances of a fairer settlement. They know how to make the insurance company do right by you.
An auto insurance attorney also knows how to figure out the economic worth of your injuries and calculate in your medical bills, loss earning potential, time missed on the job, pain and suffering and other things you had to pay for as a result of being involved in a car wreck.
Tags: accident, accident attorney, after an accident, attorney, auto, auto accident, auto accident attorney, car crash, claim, common sense, crash, extent, grief, insurance, insurance companies, insurance company, juries, medical bill, medical bills, offer, pain and suffering, settlement, suffering, your rights
Posted in Auto Accident Lawyer | No Comments »
Wednesday, February 3rd, 2010
Accident Attorney Helps With Auto Accident Hassles
Getting into car accidents are a hassle. I know I’ve been in one and the time it takes to get back to normal again is long. If there is a lawsuit after the accident it takes up a lot of time. Court appearance take away from your day and costs the fees of a lawyer and it would be wise to get one.
That part of an accident is most troublesome. Going to court and needing to answer questions about a difficult situation is a hassle. Having a good lawyer is also helpful to ease to troubles of going to court. A good lawyer understands the law and procedures so that you don’t get anything wrong unnecessarily. Besides the other driver probably has a good lawyer that knows the angles of the law and procedure and can paint a difficult picture for you in court. Why be unprepared without a good lawyer on your side?
Right now I have to go to court for an accident and I have a good lawyer defending me, especially when the other driver is pressing charges. He is looking for justice and the most money from me and I need a good lawyer that knows my rights and can defend me as best he can. I have to miss a day during the week for the court appearance.
What I’m trying to say is that nobody likes a car accident. It takes away your time and convenience and going to court is something we don’t want to do. A good lawyer definitely gives you confidence going into a courtroom knowing that he is professional and knows what he’s talking about. That feeling of being taken advantage is much more less with a good lawyer.
It is not a good idea going to court over a car accident without a good lawyer. There is so much that goes into driving that the littlest thing can go wrong and the other guy knows it. It is not wise to be caught with your pants down when it comes to your rights or you will be taken advantage of whether you like it or not.
Nobody is perfect, accidents happen. What we can control is how much of an issue it becomes. It can hurt your wallet, your schedule and your pride. Don’t be caught off guard and don’t be overwhelmed by a court case when you can be represented by a lawyer that knows how to help you.
So don’t be caught of guard when it comes to car accidents. Know your rights, know what you need to do after a car accident and know a good lawyer that knows your rights. A car accident can become too much for a regular person to handle, especially when the other driver is pressing charges. It is important to protect yourself with someone that can by find a good lawyer that won’t let you be taken advantage of. Isn’t hiring a good lawyer worth the piece of mind?
Tags: accident, accident attorney, accidents, attorney, attorney help, auto accident, auto accident attorney, car accident, car accidents, lawsuit, your rights
Posted in Auto Accident Lawyer | No Comments »
Tuesday, February 2nd, 2010
Filing Claims for Aviation Injuries
Unlike what most people know, aviation injuries happen regularly. However, these accidents are beyond the media’s reach because a large number of these occurrences do not happen in commercial airliners. Small but privately owned or chartered planes are the ones regularly involved these accidents, resulting to injuries to pilots and passengers alike.
While most of the aviation accidents are caused by pilot errors, other causes likewise contribute to these mishaps: poor weather conditions, structure flaws, negligent maintenance, mechanical failure, and ground control errors. Most victims coming from these accidents suffer different forms of personal injury which costs them an overwhelming amount of concern: medical bills, leave from work, continuous physical rehabilitation, pain, trauma and potentially permanent injuries. Indemnification from these can be recovered through a tort claim filed against errant parties.
Types of Aviation Injuries
Both passenger and crew can sustain injuries from an aviation accident. Granting the nature of the majority of aviation accidents, here are some common injuries incurred in aviation accidents:
· Brain injuries including concussions and trauma;
· Fractures, lacerations, sprains, and dislocated bones;
· Stress-related medical complications such as cardiac arrest, heart attaches, seizures, and strokes;
· Burns;
· Decompression problems;
· Spinal injuries due to sudden impact; and
· Psychological problems including post traumatic stress disorder.
Filing for an Aviation Injury Claim
If you or a loved one suffered an injury on account of an aviation accident or during the course of the flight—regardless of the nature of the injury you sustained—you should contact an experienced aviation lawyer to help you document your accident and file a claim right away. An aviation lawyer will keep you updated on all your rights arising from an aviation accident; including accident, medical, and other financial costs. After an independent investigation takes place, claimants can build their case from observations pulled from the investigation and other pieces of evidence available from the aviation crash.These will bolster your claim for damages.
Compensation for Injury
Just like any serious injuries, an aviation injury can be traumatic, especially if it is so serious that the victim has to spend a long time in the hospital to recover. Compensation may vary from one case to another, and usually depends on the amount of damages, physical and otherwise, that a victim has sustained. Moreover, a seasoned aviation lawyer can help victims regarding claims, settlements, and dealing with the negligent party in court.
Hire the Services of an Aviation Lawyer
Your suffering should not prevent you from receiving what your injury is worth. If you have sustained injuries from an aviation accident, you should engage the services of an experienced lawyer to represent you in court. It is inadvisable to pursue a claim on your own after encountering an aviation accident. Aviation accident suits are governed by complex laws, including tort cases as an adjunct of the accident. Getting the legal representation and the insight of an aviation lawyer are essential to the success of your aviation injury claim.
Tags: accident, accidents, airline accident, airplane crash, aviation accident attorney, aviation attorney, aviation lawyer, cat, claim, injury claim, Personal Injury, your rights
Posted in Aviation Accident Lawyer | No Comments »
Monday, February 1st, 2010
Unlike what most people know, aviation injuries happen regularly. However, these accidents are beyond the media’s reach because a large number of these occurrences do not happen in commercial airliners. Small but privately owned or chartered planes are the ones regularly involved these accidents, resulting to injuries to pilots and passengers alike.
While most of the aviation accidents are caused by pilot errors, other causes likewise contribute to these mishaps: poor weather conditions, structure flaws, negligent maintenance, mechanical failure, and ground control errors. Most victims coming from these accidents suffer different forms of personal injury which costs them an overwhelming amount of concern: medical bills, leave from work, continuous physical rehabilitation, pain, trauma and potentially permanent injuries. Indemnification from these can be recovered through a tort claim filed against errant parties.
Types of Aviation Injuries
Both passenger and crew can sustain injuries from an aviation accident. Granting the nature of the majority of aviation accidents, here are some common injuries incurred in aviation accidents:
· Brain injuries including concussions and trauma;
· Fractures, lacerations, sprains, and dislocated bones;
· Stress-related medical complications such as cardiac arrest, heart attaches, seizures, and strokes;
· Burns;
· Decompression problems;
· Spinal injuries due to sudden impact; and
· Psychological problems including post traumatic stress disorder.
Filing for an Aviation Injury Claim
If you or a loved one suffered an injury on account of an aviation accident or during the course of the flight—regardless of the nature of the injury you sustained—you should contact an experienced aviation lawyer to help you document your accident and file a claim right away. An aviation lawyer will keep you updated on all your rights arising from an aviation accident; including accident, medical, and other financial costs. After an independent investigation takes place, claimants can build their case from observations pulled from the investigation and other pieces of evidence available from the aviation crash.These will bolster your claim for damages.
Compensation for Injury
Just like any serious injuries, an aviation injury can be traumatic, especially if it is so serious that the victim has to spend a long time in the hospital to recover. Compensation may vary from one case to another, and usually depends on the amount of damages, physical and otherwise, that a victim has sustained. Moreover, a seasoned aviation lawyer can help victims regarding claims, settlements, and dealing with the negligent party in court.
Hire the Services of an Aviation Lawyer
Your suffering should not prevent you from receiving what your injury is worth. If you have sustained injuries from an aviation accident, you should engage the services of an experienced lawyer to represent you in court. It is inadvisable to pursue a claim on your own after encountering an aviation accident. Aviation accident suits are governed by complex laws, including tort cases as an adjunct of the accident. Getting the legal representation and the insight of an aviation lawyer are essential to the success of your aviation injury claim.
Tags: accident, accidents, airplane crash, airplane crash attorney, aviation accident attorney, aviation lawyer, cat, claim, injury claim, Personal Injury, your rights
Posted in Aviation Accident Lawyer | No Comments »
