Tag Archives: accidents lawyer

What to Do When Your Auto Accident Results in a Personal Property Damage Lawsuit

Posted on by

Finding yourself at the receiving end of a personal property damage claim can be frustrating and time-consuming. If you don’t have the money to pay for an accident that may or may not have been caused by your negligence, you may need to turn to an experienced auto accidents lawyer to make sure that you aren’t ordered to pay a huge sum of money for something that wasn’t your fault – or worse, end up with a conviction on your record. Your auto accidents attorney will help you minimize the damage, and may even be able to help you win the case altogether.

Negligence Claims

In most cases, someone who files a personal property damage lawsuit in small claims court will file a negligence claim. Negligence claims operate on the theory that you knew there was a problem with your vehicle and did nothing about it. For example, if you smashed into your neighbor’s fence while driving because your brakes suddenly stopped working and you knew they needed repair, it would be a case of negligence. You will need to prove that you didn’t know there was a problem with your brakes, or that there shouldn’t have been a problem with your brakes (if you just had the brake pads changed, for example), in order to win the case.

Intentional Damage Claims

Intentional damage cases are rarer than negligence claims, and are fortunately easier to defend in many circumstances. Using the earlier example, your neighbor could claim that you destroyed his fence on purpose because of a long-standing rivalry between your families. In this case, you will simply need to prove an extenuating circumstance that caused you to run into his fence – for example, the road was slick from the rain that day and you slid out in the middle of a turn. Even if he could prove negligence at this point, perhaps by saying that you knew you needed new tires or you were driving too fast, he would have to file a separate negligence claim instead to benefit from the accident.

What You Can Do

Immediately after an accident that involves personal property damage, the best way to start building a strong defense is to stay on the scene until the police arrive so you can give a statement. This will show the courts that you were willing to cooperate from the beginning in case a claim is ever filed. Take pictures of anything and everything that might help your case, and keep every piece of insurance paperwork you file and repair estimates you collect.

Hiring an Auto Accidents Lawyer

As soon as you find out that you are begin sued for property damage, consult an accidents attorney to find out what steps you need to take next. You should have a little time to prepare, but having an attorney on your side can help you take the most advantage of that time. With a good accidents lawyer on your side, you will be able to build the strongest defense possible and hopefully avoid paying anything out-of-pocket to the plaintiff.

Who is at Fault? Advice from an Accidents Lawyer

Posted on by

If you are involved in an accident, dealing with the insurance company and any other involved parties can be difficult. In some instances, determining who is at fault can be even more difficult when it is a “he said, she said” situation. A San Diego accidents lawyer can be instrumental in helping you understand what the law says on the matter, and how much you can expect to recover.

What does California law say?

There are several different ways of determining fault throughout the country, but the state of California uses pure comparative fault as the method to determine how to award damages in the event of an accident. The insurance company or companies will determine what percentage of an accident is your fault and what percentage is due to the other party, and you will pay or collect accordingly. If an accident is deemed to be 30% your fault, for example, 30% will be deducted from the damages you can collect.

What if each party blames the other?

Your insurance company and the company of the other party will negotiate fault. Hiring an accidents attorney will increase your chances of the best outcome. While the insurance company is often looking for ways to make more money for itself, your attorney will be dedicated to ensuring that you are awarded the damages you deserve if you were the injured party, or that you will have to pay as little as possible if you were more at fault.

What if one party is uninsured?

Make sure that your current insurance policy includes uninsured motorist coverage, which will at least partially cover your damages if you are injured in an accident with an uninsured driver, or if the other driver leaves the accident before you can get his information. If you are the uninsured party, an accidents lawyer can help you minimize the damages you may have to pay out-of-pocket if you were partly at fault.

How soon should I hire a lawyer?

The sooner you act after being involved in an accident, the better. In California, you have two years after an accident to file a claim for personal injury and three years to file a property damage claim. So filing a claim with your insurance company and hiring a lawyer long before these deadlines increases your chances of the best outcome – when a court case is looming before the insurance companies, you and your lawyer have more leverage to negotiate a positive outcome for you.

Understanding how the state of California determines fault in an accident, and what you can do to protect your rights, can mean the difference between a denied claim and fair compensation from your insurance company. Every individual case is different, so the best way to figure out how much compensation you are entitled to is to consult an auto accidents attorney. This will keep you from encountering any surprises when you file an insurance claim.

Accidents Attorney: How to Find the Best Asbestos Lawyer

Posted on by

Exposure to asbestos at the workplace is a major health concern that should not be neglected by employers and personnel. Unfortunately, staff members realize the implications of this relatively common hazard only when they start to witness the first signs and symptoms of a chronic illness triggered by asbestos, like mesothelioma for example.

What is Mesothelioma and What Does It Involve?

Mesothelioma is a disease caused by prolonged exposure to damaged asbestos fibers. It represents a very aggressive form of cancer that affects the lining of the abdomen and lungs. At this point, there is no 100% effective cure for it, but accepted forms of treatment include chemotherapy and surgery. Apart from the fact that mesothelioma will inevitably lead to pain, stress and a poor physical condition, it will also be associated with numerous days of hospitalization, therapy, expensive medication and lost wages. At the end of the day, who is going to pay for all this? A good accidents attorney will let you discover the best answer to this question.

Who Is Responsible for My Condition?

If you feel ready to start a court battle and defend your legal rights, it is important to know that a competent lawyer can help you determine who is responsible for your current health problems. You may have to sue your employer or insurance company. Either way, a real professional will enable you to receive the maximum compensation that you are entitled to.

Why Do I Need a Specialized Lawyer to Make a Compelling Case?

In order to build a strong case, you have to count on an accidents attorneywith an extensive experience in handling mesothelioma cases. Why? First of all, cases build around asbestos exposure represent a small legal niche and require special competencies and in-depth knowledge. Second, the first signs of mesothelioma may appear 40 years after your exposure to asbestos, so the court battle can get really complicated.

How to Identify the Best Accidents Attorney Specialized in Mesothelioma Cases

Want to find the very best accidents attorney in your area, who could help you win your mesothelioma case? If so, just follow these basic steps.

Talk to your former colleagues: Some of them may have dealt with the same problem and could guide you in the right direction.

Check Online Lawyer Directories: Lawyer directories are just a few clicks away and will allow you to discover different lawyer profiles and select the most suitable ones based on listed competencies, background elements and personal attitude.

Do a Google Search. A truly competent lawyer specialized in asbestos-related cases will most likely be active on social mediaand have a great website. Use search engines to spot the best ones in your area. Check out their testimonials and trust your instincts. Go beyond aggressive advertising slogans. Contact and interview your favorite candidates, discuss the particularities of your case and choose to be represented by a reliable, well-known accidents attorney, specialized in mesothelioma cases, who is actually on the same page with you.

Accidents Attorney’s Tips for Winning a Medical Malpractice Suit

Posted on by

Many people really dread a trip to the dentist, but the end result is usually a pain-free mouth. This is worth the time and energy spent in the dentist’s office. But what happens when you leave the dentist’s chair in a worse state than when you came in? Sometimes, medical negligence may occur and in this case, you will definitely need the help of a specialized medical accidents attorney. In the worst-case scenario, if you suspect your dentist’s negligence has left you or someone in your family in long-term pain, severe physical impairment or with several issues such as nerve damage or a severe infection, you should really consider taking a few legal steps.

Dentists are doctors too, and they are accountable for their mistakes, as they are required by law to maintain an acceptable practice and a reasonable standard of care. As a result, they can be sued for malpractice. Below are a few things to know before contacting your specialized accidents attorney.

A dentist is accountable for malpractice when he has breached the reasonable standard of care he is required to uphold by law. So what does this mean for you, as a patient? Keep in mind that medical malpractice is a serious allegation, so you need to make sure your complaint is valid and will stand in court.

There are a few possible reasons for a malpractice suit against a dental specialist:

a)     The patient has suffered a severe infection following the procedure.

b)     The patient has had nerve damage following the procedure.

c)     There were several complications involved following a tooth extraction procedure.

Here are the first steps you can take as a patient affected by dental malpractice:

1)     Get a copy of your dental records.

2)     Keep any phone calls/ exchange of emails or other written correspondence on record so you can prove the dental visits actually took place.

3)     Get a second medical opinion by consulting an expert dentist in your area who will be able to assess if your dental situation was handled improperly. Here, you should really consult with your specialized malpractice and accidents lawyer, even ask them to recommend an expert.

If your malpractice claim is successful, you will be able to collect damages worth the value of associated medical treatment bills, compensation for time spent away from work as well as pain and suffering compensation.

In most cases, a dental accident may be settled with the dentist without a trial, but if your special situation requires that you go to court, keep in mind that you won’t be able to do it on your own. You require specialized help and an accidents attorney with a proven track record in winning medical negligence cases will be the best ally in your corner.