The average person has no reason to understand the legal system. Apart from what they see on television -which is often far from accurate – most people don’t really understand what happens after you retain an attorney. Therefore, when most people find themselves to be the victim of a Ventura County personal injury accident, they don’t know where to begin. Although hiring a personal injury accident attorney is not required, it is certainly a good idea. What happens after you make the decision to hire an attorney? Once a victim decides to hire an attorney she may still have very little understanding of what happens from that point. In an effort to help victims understand the legal system a little better and more particularly the role of your attorney, the Ventura County personal injury accident team at The Ledger Law Firm would like to offer the following information.
Once you have made the decision to hire the team at The Ledger Law Firm-Ventura County, they will immediately contact the defendant or his insurance company and notify him that you have retained counsel. What that means to you is that you will no longer be required to have ANY contact with the defendant, his insurance agent or legal counsel. The only time you will need to speak to anyone involved in the case after that point is at your attorney’s direction and with him present.
The next important order of business is to ensure that you are receiving the medical care and treatment that you need. Many victims face challenges finding medical providers after a personal injury accident because they lack adequate medical insurance coverage. The team at The Ledger Law Firm-Ventura County will help you locate a medical provider that will work with you regarding payment or will agree to wait until the case has been settled. The team will then monitor your care to make sure that you are receiving the treatment you need. Once your doctors indicate that you have reached maximum medical improvement, the team will request a complete package of medical records including diagnosis, treatment notes, bills and a narrative report indicating what your prognosis is for the future.
The team at The Ledger Law Firm-Ventura County will then put together a demand package will your input. You will consult with the team regarding what the value of your case is considering all the economic and non-economic damages you have suffered as a result of the defendant’s negligence. The team will then present that demand to the defendant. If he agrees to the demand then your case is settled. If an appropriate settlement cannot be reached, then the team will prepare your case for a jury trial. Regardless of how your case is terminated, you will have the experience and expertise of the team at The Ledger Law Firm-Ventura County with you.
If you would like a free and detailed evaluation of your potential Ventura County personal injury accident case, please contact the Ventura County offices of The Ledger Law Firm at 805-322-3436 or 800-300-0001. The Ventura County office is located at 701 E. Santa Clara Street, Ventura, CA 93001
701 E. Santa Clara Street
Ventura, CA 93001
What Type of Cases Are Handled by The Ledger Law Firm – Ventura County?
Many people go without receiving compensation to which they are entitled for injuries as a result of an accident. It’s not that people don’t realize they were injured – clearly they are aware of that – the problem is that many people don’t realize that the accident they were involved in qualifies as a compensable personal injury accident. Most people equate “car accident” with “personal injury accident”. While a car accident is, indeed, a personal injury accident, it is hardly the only type of accident that can be the basis for a personal injury accident lawsuit. The team at The Ledger Law Firm-Ventura County have dedicated their law practice to helping victims of personal injury accidents. With over a decade of experience, they have had the opportunity to represent clients in a wide variety of situations and under a number of different circumstances – all of which qualified as personal injury accidents. While each accident presents a unique scenario, there are a few things that a victim can consider when determining if she has been the victim of a compensable personal injury accident.
Personal injury accident claims are generally predicated on the law of negligent torts. A negligent tort requires four basic elements to be proven in order for the plaintiff (victim) to be entitled to compensation for her injuries. The first element is a duty of care. In essence, the duty of care requires the plaintiff to prove that the defendant owed a duty to her to use reasonable care to make sure that foreseeable harm did not come to her. Aside from a car accident scenario, there are a number of situations wherein a defendant owes that duty of care. Examples of when a duty of care may be present include a shop owner to a patron, a dog owner to neighbors, a pilot to passengers and an employer to an employee. There are an endless number of other scenarios that may meet the duty of care element.
Nest, the plaintiff must prove that the defendant breached the duty of care. Basically, the plaintiff must prove that the defendant failed to use reasonable care to protect her. Again, consider the above examples. If the shop owner allowed water to remain on the floor of her store causing a hazard to the patrons she may have breached the duty of care. If an employer knowingly allows employees to work under dangerous conditions that could have been prevented he may have breached his duty of care. If the pilot is texting on his phone while piloting the airplane he may have breached the duty of care.
The last two elements are causation and damages. As the word implies, causation requires that the breach of the duty of care was the actual cause of the plaintiff’s injuries. Damages is a legal term used to describe injuries – both economic and non-economic – by the plaintiff.
As you can see, many accidents may indeed be personal injury accidents and therefore entitle the victim to compensation for her injuries. If you would like a free and detailed evaluation of your potential Ventura County personal injury accident case, please contact the Ventura County offices of The Ledger Law Firm at 805-322-3436 or 800-300-0001. The Ventura County office is located at 701 E. Santa Clara Street, Ventura, CA 93001