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BIKLAW Obtains $2,000,000 Wrongful Death Settlement
The Trial Law Offices of Bradley I. Kramer, M.D., Esq. recently obtained a $2,000,000 settlement in a wrongful death action on behalf of the decedent’s surviving spouse and their four children. In this case, while walking across a crosswalk, Gigi Darwish was struck and killed by Defendant Reyna Castellon’s 2006 vehicle, driven by Ms. Castellon [...]
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.
Hollywood Accident Lawyer
An accident in Hollywood can take place at any time, anyplace, causing severe and occasionally lethal injuries.
If an accident has happened to you or maybe a loved one, an accident attorney can explain your legal rights and any prospective liability for those involved. Many questions may be working through your mind, such as: Who is at fault? What if it was a loved one in the car accident? What about incident insurance?
If you have been injured in a Hollywood Accident, please give us a call now at 1-888-602-3245 for a no cost, confidential consultation with an experienced Hollywood Accident lawyer.
Should I contact a Hollywood accident lawyer?
If you or a loved one was in an incident, one of the major items one will need to create is who was to blame for the incident. The degree of fault regarding each individual or group involved in the accident is THE most critical element in any accident lawsuit. This determination will differ depending upon the condition you are in and that state’s legal guidelines on carelessness. The amount of disregard of each component in an crash will determine who was at fault and who will be responsible for any accident injuries or wrongful death claims. Generally, a state will follow one of the following carelessness theories, which an accident lawyer can explain further: comparative negligence, genuine comparative fault, or proportional comparative fault.
Why Should I Hire a Hollywood Accident Attorney?
An accident lawyer is able to help you through your challenging time, supplying aid by dealing with insurance companies and other incident parties or companies, so you can take the time to completely focus on healing. After an automobile accident you will likely have several questions and worries. Sometimes the incident laws of your state can be complicated. An accident lawyer will help explain the incident regulations and accident reports to you so you recognize and comprehend your rights. An accident lawyer will be an aspect of an accident law firm that is able to offer you important views concerning your situation and information on how to cope with your injuries. The accident law firm will collect information concerning your incident needed to create a highly effective case and obtain compensation for your injuries. Additionally, a large component of accident instances will entail communication with insurance companies, other lawyers, and other parties. Often, when an accident lawyer is the one speaking with the company or other lawyer, they will acquire more significant and complete responses than if you were getting in touch with them. Working with a Hollywood Accident attorney can help take care of your incident case faster, with much less pressure and panic.
If you have been injured in a Hollywood Accident, please call us today at 1-888-602-3245 for a no cost, private consultation with an experienced Hollywood Accident Injury attorney.
Car Accidents Overview – Attorneys and Law
Nearly everyone will be associated with a truck accident at some point in their lives. While hopefully your auto accident won’t bring about significant car wreck injuries, automobile accidents can have potentially significant and even fatal outcomes. An auto accident can also cause liability – you may be able to prosecute the driver who induced the incident. As such, it is beneficial to learn more about automobile accidents, motor vehicle incident lawsuits and how an accident lawyer can assist.
If you have been injured in a Hollywood Accident, please give us a call now at 1-888-602-3245 for a no fee, private assessment with an experienced Hollywood Accident Injury lawyer.
How Frequent Are Automobile Mishaps?
The statistics governing automotive incidents are somewhat worrying:
- More than 6 million car accidents happen in the U.S. every single year.
- Automobile accidents kill one person every 12 minutes, and harm an individual every 14 seconds within the U.S. – many of these cases bring about accident claims either for wrongful death or vehicle accident injuries
- Car or truck accidents kill over 40,000 men and women every year in U.S., and they are the main cause of death for people from ages 2 to 34
- About 2,000 kids pass away as an effect of car accidents every year, and more than 250,000 are damaged in accidents
Types of Car Wreck Injuries
There are many distinct causes for car accidents, each of which are likely to lead to a number of injuries. Some of the most typical auto accidents that happen consist of:
- Rear Impact: In the event that you hit an individual from behind, or are hit from behind, you have been involved in a rear impact incident. Most often this takes place simply because somebody has did not brake in time, producing in either a tap or a more significant rear impact accident. Nearly 30 % of all motor vehicle collisions in the U.S. are rear-impact collisions. When a rear impact collision happens, the car owner in the back is generally responsible because laws require that an individual drive a safe distance from the automotive in front of you.
- Side Impact: If you are strike on the side of your vehicle, you have encountered a side impact crash. Side impact accidents can take place when you “T-bone”? a different car, which means the front of your automotive crashes into the side of another. You can also sideswipe a different automobile by bumping into its side while switching lanes. Nearly 29 percent of all U.S. incidents are side-impact accidents. Proving fault generally gets to be an issue here- it can be difficult to know which motorist was in the wrong. A very good motor vehicle accident attorney can help you acquire photographic proof of the scene or will get an expert in collision reconstruction to act as your witness and to help you show the mistake of the other party.
- Head-on Accident: If you hit another automobile front first, or if you hit a non-moving object with the front of your car, you have been part of a head-on impact. Head-on collisions happen frequently when a driver falls asleep and slides into oncoming traffic. Some other ways head-on crashes occur are where the person is under the affect of drugs or alcohol, gets on to a road or a one-way street goig the wrong direction, or loses control of their motor vehicle and skids into an oncoming lane. These incidents account for 2 percent of all U.S. collisions. The vehicle driver who was going the incorrect way or who had been intoxicated or asleep is usually at fault.
- Rollover: If your automobile flips over in any way, or lands on its side, you were involved in a rollover. Bigger motor vehicles, like SUV’s and trucks, are more likely to experience rollovers than smaller sized cars. Nearly 2 % of all incidents in the U.S. are rollovers. In a few rollover accidents, you might be able to hold the maker of the vehicle liable for an inadequate design or flaws.
- Runoff: These accidents normally include only one vehicle running off the road. This can easily take place when a person is not necessarily focusing, or swerves to steer clear of another vehicle or creature in the road. Runoffs account for 16 percent of all U.S. accidents. If you run off the road, you normally have nobody to blame but yourself – unless another truck unlawfully got in your way or there was an issue with the road itself.
How an Auto Accident Attorney Can Help
If you have been seriously injured in a Hollywood Accident, please call us today at 1-888-602-3245 for your free, private assessment with an experienced Hollywood Accident lawyer.
No matter the particular cause of your car wreck injuries, a automotive accident attorney can make it easier to show fault and attain the damages you deserve.
Attorneys can be especially very helpful when injuries like whiplash or injuries involving a hospital stay are involved. Automobile insurance companies will try to fork out as little as possible, and an attorney can allow you to gather facts and safeguard your rights by interacting directly with your insurer or by aiding you to file a motor vehicle accident lawsuit.
Car Accidents – Who is at Fault?
Fault is one of the largest, if not THE most vital component, in any auto accident claim. The individual at fault is the particular person whose carelessness triggered the accident, and that is the individual who typically must pay for the injury caused by his or her negligence. If the circumstances around your automobile accident make it obvious that one individual was clearly at fault, then read no further! One of the associated articles shown below should be your up coming stop. If, however, liability is not entirely clear or if there is shared fault, then fault is apportioned among the people identified by the details of the law in your state (see below) on comparative or contributory negligence. When liability is mutual in an automobile accident, it is the insurer’s turn to figure out the relative rates of fault of the parties involved.
What is Comparative or Contributory Negligence?
Historically, if two individuals were affected in an automobile accident and the injured person / persons was even the tiniest bit at fault, the person would not be eligible to recover anything for his/her injuries or losses. This method of identifying damages is known in legal circles as pure contributory negligence. For example, say Luke and Martin had been involved in an crash. Luke hit Martin’s automobile while making a left turn onto a 2-lane street at night. Luke didn’t notice Martin’s vehicle because (blank) it was night time (and a dark one at that), Martin was not driving with his front lights on. Under a pure contributory negligence theory, Martin could not recover damages for his injuries because he was partly at fault for the accident. Sound pretty harsh? Actually, some states still adhere to this particular rule (Alabama, District of Columbia, Maryland, North Carolina and Virginia).
But the majority of states now use some proportional type of comparative negligence that allows an injured person / persons to reclaim some damages for his or her injuries, even if he or she was partly at fault. There are currently 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 damages, if an wounded human being is partly at fault for creating his individual injuries, his damages are lowered by the percentage of his fault. For example, say Michelle was injured in a vehicle accident 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 incident. Put simply, you can not 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 partially at fault for not waiting until the road was entirely clear before crossing, the insurance company issued fault to Dennis at 60% due to his excessive speed. Even though Dennis suffered 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 adopted the 50% bar standard in attending to car crashes claims, an injured person that is less than 50% at fault for the accident is allowed compensation. If the injured party is 50% or more at fault, he or she is not permitted 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 meticulously enough when they backed up, and so both were deemed equally at fault for the accident. Neither one will be eligible 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?
Right after an accident, it is the job of the insurance company claims adjuster to assign the relative degrees of fault based mostly on the circumstances encompassing the accident. There is no top secret mathematical method for determining percentages of fault in accident injuries. You and the claims adjuster will negotiate and come to some arrangement as to what, if any, your allocated fault is. Here is where a highly skilled personal injury lawyer can be convenient. He or she will know how to evaluate the accident and advocate for the lowest percentage of wrong doing on your part. 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 companies often offer extra coverage/protection (for extra money) to assist pay for property damage and/or personal injury and medical expenses in spite of fault. So if you are harmed in an accident that was largely your mistake and you are not entitled 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 circumstance, you would file a liability claim with your own insurance provider for medical expenses and lost earnings, up to a given maximum, without any debate or disagreement about the circumstances of the accident and who was at fault. Whether you can file for additional expenses against the other person who was at fault in the car accident depends on your state’s laws. In many states, Uninsured/Underinsured coverage is required. This gives insurance policy coverage for damages resulting from an accident with somebody who either has no insurance or does not have enough insurance to cover your costs. It also protects you if the other individual flees the scene after the accident or is a driver of a stolen automotive.
Apart from the injuries suffered, the degree of fault is probably the most important aspect in figuring out how much you may ultimately regain for your accident injury. In most instances, both you and the insurance company will know (by the situations around the accident) the degree of fault for both parties. Was the other party entirely at fault? Largely at fault? Or only a little at fault? If you are in a comparative fault state, an adjuster will reduce your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be decreased by 10%. Your recuperation will not be reduced by any amount if the accident was clearly someone else’s fault.
If you have been injured in a Hollywood Accident, please call us today at 1-888-602-3245 for a free, confidential consultation with a skilled Hollywood Accident Injury attorney.
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