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BIKLAW Helps Client Obtain $400,000 Default Judgment
The Trial Law Offices of Bradley I. Kramer recently obtained a $400,000 default judgment for fraud and breach of contract in a matter entitled Balsam v. Cerenzie. In that matter, Mr. Michael Cerenzie defrauded Ms. Amy Balsam to the tune of $400,000 over a period of years, resulting in the total destruction of Ms. Balsam’s [...]
BIKLAW Obtains $3.8 Million Arbitration Award In Surgery Center Ponzi Scheme
The Trial Law Offices of Bradley I. Kramer, M.D., Esq. recently obtained a $3.8 Million arbitration award against Congero Development Inc. for operating a Ponzi scheme. Congero, based out of Laguna Niguel, California, develops surgery centers throughout California. In this case, BIKLAW represented a doctor who owned a piece of property in Yorba Linda, California. [...]
BIKLAW retained in wrongful death case
BIKLAW has just been retained in a wrongful death case involving erroneous prescription of medication which resulted in the hemorrhage and death of an elderly woman.
BIKLAW retained in class action case against Stanford Medical Center
BIKLAW has been retained in a multi-million dollar class action case against Stanford Medical Center for unauthorized disclosure of confidential medical records of 20,000 patients.
BIKLAW retained in multi-million dollar class action case
BIKLAW has been retained in a multi-million dollar class action case against various California-based copy services for over-billing charges.
Brentwood Accident Lawyer
An accident in Brentwood can happen anytime, anyplace, causing major and sometimes lethal injuries. If an accident has happened to you or maybe a family member, an accident attorney can clarify your legal rights and any potential liability for people involved. Numerous questions may be working through your mind, such as: Who is at fault? What if it was a relative in the collision? What about collision insurance?
If you have been injured in a Brentwood Accident, please give us a call today at 1-888-602-3245 for your no fee, private consultation with a knowledgeable Brentwood Accident Injury attorney.
Should I contact a Brentwood accident lawyer?
If you or a loved one was in an automobile accident, one of the primary issues you will need to establish is who was at fault for the incident. The level of fault regarding every individual or group involved in the crash is THE most vital component in any accident claim. This determination will differ based on the state you are in and that state’s laws on carelessness. The level of carelessness of each part in an incident will decide who was at fault and who will be accountable for any accident injuries or wrongful death claims. Normally, a state will follow one of the following carelessness theories, which an accident attorney can explain further: comparative disregard, pure comparative wrong doing, or proportional comparative fault.
Why Should I Hire a Brentwood Accident Attorney?
An accident attorney will be able to help you through your challenging period, giving help by dealing with insurance companies and other incident individuals or groups or companies, so you can take the time to place emphasis on healing. After an automobile accident you will probably have several questions and worries. Sometimes the incident laws of your state can be puzzling. An accident attorney will help clarify the incident laws and regulations and incident reports to you so you know and understand your rights. An accident lawyer will be an aspect of an accident law firm that will be able to provide you important views concerning your situation and details on how to cope with your injury. The accident law firm will gather information with regards to your incident required to create a successful case and obtain payment for your injuries. In addition, a significant part of incident instances will require communication with insurance companies, other lawyers, as well as additional parties. Often, when an accident lawyer is the one communicating with the company or other lawyer, they will receive more critical and complete responses than if you were communicating with them. Working with a Brentwood Accident lawyer can help take care of your accident circumstance more quickly, with much less pressure and fear.
If you have been injured in a Brentwood Accident, please call us now at 1-888-602-3245 for your complimentary, private consultation with a knowledgeable Brentwood Accident Injury lawyer.
Car Accidents Overview – Lawyers and Law
Nearly everyone will be involved in a automobile automobile accident at some time in their lives. While hopefully your car crash won’t cause serious car wreck injuries, auto accidents can lead to potentially serious and even lethal consequences. An automobile accident can also bring about liability – you may be able to take legal action against the driver who brought on the incident. As such, it is useful to learn more about car incidents, vehicle accident lawsuits and how an accident attorney can aid.
If you have been seriously injured in a Brentwood Accident, please call us now at 1-888-602-3245 for a no fee, private assessment with an experienced Brentwood Accident Injury lawyer.
How Widespread Are Car Accidents?
The figures governing automobile incidents are somewhat worrying:
- More than 6 million vehicle incidents occur in the U.S. every single year.
- Automobile accidents kill one human being every 12 minutes, and hurt or injure somebody every 14 seconds in the U.S. – many of these instances give rise to motor vehicle accident claims either for wrongful death or wreck injuries
- Motorized vehicle incidents kill more than 40,000 individuals every year in U.S., and they are the main cause of death for individuals from ages 2 to 34
- About 2,000 children pass away as an outcome of motor vehicle collisions each and every year, and more than 250,000 are wounded in accidents
Kinds of Auto Accident Injuries
There are numerous unique causes for auto accidents, each of which are likely to lead to a variety of injuries. Many of the most common car accidents that take place consist of:
- Rear Impact: Should you hit someone from behind, or are hit from behind, you have been involved in a rear impact incident. Most often this happens because somebody has neglected to brake in time, causing in either a tap or a far more significant rear impact incident. Nearly 30 percent of all motor vehicle collisions in the U.S. are rear-impact crashes. When a rear impact collision occurs, the car owner in the back is commonly accountable simply because laws require that a person drive a safe distance from the automobile in front of you.
- Side Impact: If you are hit on the side of your motor vehicle, you have suffered a side impact crash. Side impact accidents can take place when you “T-bone”? another automobile, meaning the front of your truck hits the side of another. You can also sideswipe a different automotive by bumping into its side while changing lanes. Nearly 29 % of all U.S. accidents are side-impact accidents. Indicating fault frequently will become an issue here- it can be difficult to know which motorist was in the wrong. A great car crash attorney can help you obtain photographic evidence of the scene or will hire a specialist in collision reconstruction to act as your witness and to help you demonstrate the wrong doing of the other party.
- Head-on Impact: If you strike another car front first, or if you hit a non-moving object with the front of your automobile, you have been involved in a head-on wreck. Head-on collisions occur frequently when a motorist falls asleep and slips directly into oncoming traffic. Additional ways head-on crashes take place are where the motorist is under the influence of drugs or alcohol, gets on to a highway or a one-way street going the wrong way, or loses control of their automotive and skids into an oncoming lane. These accidents account for 2 percent of all U.S. accidents. The car owner who was going the incorrect way or who had been drunk or asleep is generally at fault.
- Rollover: If your automobile flips over in any way, or lands on its side, you were involved in a rollover. Bigger vehicles, like SUV’s and trucks, are more likely to encounter rollovers than more compact cars. Nearly 2 % of all accidents in the U.S. are rollovers. In some rollover incidents, you may be able to hold the maker of the car liable for an unsatisfactory design or disorders.
- Runoff: These accidents normally involve only one vehicle running off the road. This can happen any time a person is not focusing, or swerves to steer clear of another vehicle or creature in the road. Runoffs account for 16 % of all U.S. accidents. If you run off the road, you normally have no one to guilt but yourself – unless another motor vehicle unlawfully got in your way or there was a problem with the road itself.
How an Auto Accident Attorney Can Help
If you have been seriously injured in a Brentwood Accident, please give us a call today at 1-888-602-3245 for a complimentary, confidential consultation with an experienced Brentwood Accident Injury lawyer.
No matter the particular cause of your motor vehicle accident injuries, a vehicle accident attorney can make it easier to show fault and collect the damages or injuries you deserve.
Attorneys can be especially valuable when injuries like whiplash or injuries including hospitalization are included. Car insurance companies will attempt to shell out as little as feasible, and an lawyer can allow you to accumulate facts and safeguard your legal rights by dealing directly with your insurer or by assisting you to file a accident lawsuit.
Car Accidents – Who is at Fault?
Fault is one of the largest, if not THE most critical element, in any accident claim. The individual at fault is the particular person whose carelessness induced the incident, and that is the person who typically must pay for the damage brought about by his or her disregard. If the conditions surrounding your car accident make it obvious that one person was plainly at fault, then read no more! One of the related articles listed below should be your up coming stop. If, however, liability is not totally clear or if there is shared fault, then fault is apportioned among the people identified by the specifics of the law in your state (see below) on comparative or contributory carelessness. When liability is communal in an car crashes, it is the insurer’s turn to establish the comparable percentages of fault of the persons included.
What is Comparative or Contributory Negligence?
Historically, if two individuals were associated in an crash and the harmed party was even the tiniest bit at fault, he or she would not be eligible to recover anything for his/her injuries or deficits. This method of figuring out damages is identified in legal groups as pure contributory negligence. For example, say Luke and Martin had been involved in an auto accident. Luke hit Martin’s automobile while making a left turn onto a 2-lane street at night. Luke didn’t notice Martin’s car because (blank) it was night time (and a dark one at that), Martin was not driving with his headlights on. Under a pure contributory negligence theory, Martin couldn’t get back damages for his injuries because he was partially at fault for the accident. Sound pretty harsh? Actually, some states still follow this law (Alabama, District of Columbia, Maryland, North Carolina and Virginia).
But the majority of states now use some proportional form of comparative negligence that makes it possible for an injured party to regain some damages for his or her injuries, even if he or she was partly at fault. There are presently three versions: Pure comparative fault; proportional comparative fault at 51%; proportional comparative fault at 50%.
Pure Comparative Fault
In states that have adopted pure comparative fault as a measure of loss, if an wounded person is partly at fault for triggering his own injuries, his damages are decreased by the percentage of his fault. For example, say Michelle was injured in a crash for which she was 80% at fault. Damages for her injuries amount to $10,000. Michelle will be eligible to recover $2,000 for her injuries, that is, $10,000 less 80% or $8,000 for her percentage of fault. States: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota and Washington.
Proportional Comparative Fault at 51%
The states that have adopted proportional comparative fault bar recovery if you are more than 51% at fault for the automobile accident. In other words, you are unable to file a liability claim and lawsuit in opposition to the other driver’s disregard if you were more than 51% at fault. For example, Dennis hit Teri’s car while traveling in excess of 25 miles per hour over the speed limit while Teri was trying to cross the road. Even though Teri was somewhat at fault for not waiting until the road was entirely clear before crossing, the insurance company allotted fault to Dennis at 60% due to his increased speed. Even though Dennis endured a broken arm from the accident, he is not entitled to recover for his injury due to the fact that he was more than 51% at fault for the accident. States: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin and Wyoming.
Proportional Comparative Fault at 50%
In states that have implemented the 50% bar standard in dealing with auto accident claims, an injured person that is less than 50% at fault for the accident is eligible for compensation. If the injured party is 50% or more at fault, he or she is not entitled to recovery for the injury. For example, Richard and Susan unintentionally hit each others’ cars while backing out of their parking spaces at exactly the same time. Both were not looking very carefully enough when they backed up, and so both were deemed equally at fault for the accident. Neither one will be entitled to damages since both were 50% at fault for the accident. States: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Oklahoma, Tennessee, Utah and West Virginia.
How is Percentage of Fault Determined?
Following an accident, it is the job of the insurance company claims adjuster to assign the relative degrees of fault based on the conditions encompassing the accident. There is no magic formula mathematical method for figuring out percentages of fault in accident injuries. You and the claims adjuster will negotiate and come to some agreement as to what, if any, your allocated fault is. Here is where an experienced personal injury attorney can prove useful. He or she will know how to assess the accident and recommend for the lowest percentage of wrong doing on your account. If you and the insurance adjuster reach an impasse, a court of law is eventually your next step to resolve the issue of fault.
Fault and Car Insurance
Insurance firms often present additional coverage/protection (for extra money) to help you pay for property damage and/or personal injury and medical bills in spite of fault. So if you are wounded in an accident that was largely your mistake and you are not eligible by law to compensation from the other person’s insurance, but you have additional coverage under your own plan, your own insurance company will pay for your injuries. This extra insurance coverage is called PIP (personal injury protection) or No Fault coverage. Under this scenario, you would file a liability claim with your own insurance carrier for medical bills and lost earnings, up to a given maximum, without any debate or difference about the circumstances of the accident and who was at fault. Whether you can file for additional costs against the other person who was at fault in the automobile accident relies upon on your state’s laws. In many states, Uninsured/Underinsured insurance coverage is required. This gives insurance coverage for damages ensuing from an accident with somebody who either has no insurance or does not possess enough insurance to cover your costs. It also helps to protect you if the other person flees the scene right after the accident or is a driver of a stolen automotive.
Apart from the damages suffered, the degree of fault is probably the most crucial factor in determining exactly how much you may ultimately regain for your accident injury. In most instances, both you and the insurance company will know (by the situations surrounding the accident) the degree of fault for both parties. Was the other party completely at fault? Mostly at fault? Or only a little bit at fault? If you are in a comparative fault state, an adjuster will lessen your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be lowered by 10%. Your recovery will not be reduced by any amount if the accident was clearly someone else’s fault.
If you have been injured in a Brentwood Accident, please give us a call now at 1-888-602-3245 for a no fee, private assessment with a skilled Brentwood Accident Injury lawyer.
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