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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.
West Los Angeles Accident Lawyer
An accident in West Los Angeles can take place at any time, anywhere, causing critical and sometimes fatal injuries. If an accident has happened to you or a significant other, an accident lawyer can describe ones rights and any potential liability for those involved. Numerous questions may be running through your mind, such as: Who is at fault? What if it was a loved one in the car accident? What about collision insurance?
If you have been injured in a West Los Angeles Accident, please call us today at 1-888-602-3245 for your free, confidential assessment with an experienced West Los Angeles Accident attorney.
Should I contact a West Los Angeles accident lawyer?
If you or a loved one was in an crash, one of the primary things one will need to create is who was to blame for the accident. The degree of fault regarding each person / persons involved in the crash is THE most crucial factor in any crash claim. This dedication will differ depending upon the condition you are in and that state’s legal guidelines on negligence. The degree of negligence of each component in an automobile accident will decide who was at fault and who will be accountable for any accident injuries or wrongful death claims. Commonly, a state will follow one of the subsequent carelessness theories, which an accident lawyer can explain further: comparative negligence, genuine comparative wrong doing, or proportional comparative wrong doing.
Why Should I Hire a West Los Angeles Accident Attorney?
An accident attorney can help you through your hard period, offering support by working with insurance companies and other automobile accident groups or individuals or companies, so you can take the time to concentrate on recovery. After an accident you will likely have several questions and concerns. Sometimes the accident laws of your state can be complicated. An accident attorney will help explain the accident laws and regulations and accident reports to you so you recognize and comprehend your rights. An accident attorney will be a component of an accident law firm that can give you beneficial views concerning your situation and details on how to manage your injuries. The accident law firm will collect data concerning your incident essential to create a productive case and acquire compensation for your injuries. In addition, a large part of accident situations will entail communication with insurance companies, other lawyers, as well as other parties. Often, when an accident attorney is the one speaking with the company or other attorney, they will receive more critical and detailed responses compared to if you were communicating with them. Working with a West Los Angeles Accident lawyer can help solve your incident situation more quickly, with less stress and panic.
If you have been seriously injured in a West Los Angeles Accident, please give us a call now at 1-888-602-3245 for a complimentary, confidential assessment with an experienced West Los Angeles Accident attorney.
Car Accidents Overview – Lawyers and Law
Nearly every person will be part of a car accident at some point in their lives. While hopefully your vehicle accident won’t result in serious car accident injuries, auto accidents can certainly have potentially critical and even deadly consequences. An automobile accident can also give rise to liability – you may be able to file suit the driver who brought about the accident. As such, it is helpful to learn more about motor vehicle accidents, truck incident lawsuits and how an accident attorney can assist.
If you have been seriously injured in a West Los Angeles Accident, please call us now at 1-888-602-3245 for your no cost, confidential consultation with a skilled West Los Angeles Accident attorney.
How Common Are Vehicle Mishaps?
The figures regulating car or truck incidents are somewhat alarming:
- More than 6 million vehicle incidents take place in the U.S. every year.
- Automobile accidents kill one individual every 12 minutes, and hurt somebody every 14 seconds in the U.S. – many of these situations cause motor vehicle accident claims either for wrongful death or auto accident injuries
- Car or truck accidents kill more than 40,000 people every year in U.S., and they are the major cause of death for individuals from ages 2 to 34
- About 2,000 kids pass away as a consequence of car accidents every year, and over 250,000 are damaged in accidents
Types of Collision Injuries
There are numerous distinct causes for auto accidents, each of which are likely to lead to a variety of injuries. Some of the most common automobile accidents that occur consist of:
- Rear Impact: If you hit a person from behind, or are hit from behind, you have been involved in a rear impact accident. Most frequently this occurs simply because a person has did not brake in time, resulting in either a tap or a much more substantial rear impact accident. Nearly 30 % of all automobile accidents in the U.S. are rear-impact accidents. When a rear impact crash occurs, the driver in the back is commonly accountable simply because laws mandate that you drive a safe distance from the vehicle in front of you.
- Side Impact: If you are hit on the side of your automobile, you have encountered a side impact crash. Side impact accidents can transpire when you “T-bone”? another vehicle, which means the front of your automobile crashes into the side of another. You can also sideswipe another automotive by bumping into its side while changing lanes. Nearly 29 percent of all U.S. incidents are side-impact crashes. Indicating fault generally turns into a challenge here- it can be hard to know which motorist was in the wrong. A great car accident lawyer can help you gather photographic proof of the scene or will hire a specialist in automobile accident reconstruction to act as your witness and to help you demonstrate the mistake of the other party.
- Head-on Crash: If you hit another automotive front first, or if you hit a non-moving object with the front of your motor vehicle, you have been involved in a head-on accident. Head-on collisions occur often when a driver falls asleep and slides into oncoming traffic. Different ways head-on crashes arise are where the individual is under the affect of drugs or alcohol, gets on to a road or a one-way street in the wrong way, or loses control of their motor vehicle and skids into an oncoming lane. These incidents account for 2 % of all U.S. accidents. The person 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 have been involved in a rollover. Higher automobiles, 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 some rollover incidents, you may be able to hold the company of the vehicle responsible for an inadequate design or disorders.
- Runoff: These incidents normally involve only one car running off the road. This can easily come about when a person is not necessarily focusing, or swerves to avoid another automobile or animal in the road. Runoffs account for 16 % of all U.S. accidents. If you run off the road, you normally have no one to blame but yourself – unless another car illegally got in your way or there was a problem with the road itself.
How an Auto Accident Attorney Can Help
If you have been injured in a West Los Angeles Accident, please give us a call now at 1-888-602-3245 for your complimentary, confidential consultation with a skilled West Los Angeles Accident attorney.
No matter the specific cause of your vehicle accident injuries, a motor vehicle accident lawyer can enable you to show wrong doing and attain the damages you deserve.
Lawyers can be especially valuable when injuries like whiplash or injuries involving hospitalization are included. Car insurance companies will try to fork out as little as possible, and an lawyer can allow you to accumulate proof and defend your rights by dealing directly with your insurance provider or by aiding you to file a car crash lawsuit.
Car Accidents – Who is at Fault?
Fault is one of the biggest, if not THE most critical element, in any car accident claim. The individual at fault is the particular person whose negligence brought about the incident, and that is the individual who normally must pay for the harm brought about by his or her neglect. If the circumstances around your crash make it apparent that one person was evidently at fault, then read no more! One of the related articles listed below should be your subsequent stop. If, however, liability is not entirely obvious or if there is shared fault, then fault is apportioned among the individuals decided by the specifics of the law in your state (see below) on comparative or contributory disregard. When liability is shared in an car crashes, it is the insurer’s turn to establish the comparable rates of fault of the persons involved.
What is Comparative or Contributory Negligence?
Historically, if two people were associated in an crash and the wounded party was even the tiniest bit at fault, the person would not be entitled to get back anything for his/her injuries or deficits. This method of figuring out damages is known in legal circles as pure contributory negligence. For example, say Luke and Martin had been involved in an car crash. 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 could not recover damages for his injuries because he was partially at fault for the accident. Sound pretty harsh? Actually, a few states still follow this law (Alabama, District of Columbia, Maryland, North Carolina and Virginia).
But most states now use some proportional type of comparative negligence that will allow a hurt party to reclaim some damages for his or her injuries, even if he or she was partially 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 damaged human being is partly at fault for causing his own injuries, his damages are decreased by the percentage of his fault. For example, say Michelle was injured in a car wreck for which she was 80% at fault. Damages for her injury amount to $10,000. Michelle will be permitted 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 car accident. In other words, you cannot file a liability claim and lawsuit towards the other driver’s disregard if you were more than 51% at fault. For example, Dennis hit Teri’s car while driving 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 totally 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 dealing with car crashes claims, a wounded person that is less than 50% at fault for the incident is allowed 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 cautiously enough when they backed up, and so both were considered just as 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?
After an accident, it is the job of the insurance company claims adjuster to determine the relative degrees of fault based mostly on the conditions surrounding the accident. There is no magic formula mathematical formula for figuring out percentages of fault in accident injuries. You and the claims adjuster will negotiate and arrive at some agreement as to what, if any, your allocated fault is. Here is where an experienced personal injury lawyer can prove useful. He or she will know how to assess the accident and suggest for the lowest percentage of fault on your behalf. 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 present additional 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 hurt in an accident that was mainly your fault and you are not allowed by law to compensation from the other person’s insurance, but you have extra coverage under your own policy, your own insurance company will pay for your injuries. This extra insurance policy 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 charges and lost revenue, up to a given maximum, without any discussion or difference about the circumstances of the accident and who was at fault. Whether you can file for further expenses against the other individual who was at fault in the accident relies upon on your state’s laws. In many states, Uninsured/Underinsured protection is required. This supplies insurance coverage for damages ensuing from an accident with someone who either has no insurance or does not possess enough insurance to cover your expenses. It also protects you if the other person flees the scene after the accident or is a driver of a stolen truck.
Apart from the injuries suffered, the degree of fault is probably the most crucial aspect in figuring out exactly how much you may ultimately recover for your accident injury. In most cases, both you and the insurance company will know (by the circumstances surrounding the accident) the level of fault for both parties. Was the other party completely at fault? Mostly at fault? Or only a little at fault? If you are in a comparative fault state, an insurance adjuster will decrease your recuperation 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 West Los Angeles Accident, please call us now at 1-888-602-3245 for your free, confidential assessment with a skilled West Los Angeles Accident lawyer.
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