California Personal Injury Attorneys

The popular legal services that was only previously available to US consumers is now available to Canadian consumers that are looking for a personal injury lawyer for their accidents related legal needs. Finding a lawyer now is a hassle free, easy and guided process at lawyerahead.ca. Learn more with this simple video or go to www.lawyerahead.ca/howitwork/

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If you wish to sue your lawyer for breach of contract, breach of fiduciary duty, or for negligence, you will have to file a legal malpractice claim. However, it is not very easy to prove such a claim in court. In order to win the lawsuit against your attorney, you would be required to furnish proper documents, as well as expert witnesses to prove the following 3 things:

1) The attorney in question owed you a duty to represent your case adeptly.

2) The duty that he/she owed to you was breached or not fulfilled.

3) Negligence or contravention of duty by the attorney to competently represent your case led to your financial loss.

Also bear in mind that suing a lawyer is very expensive. As a large majority of such claims are difficult to prove, legal malpractice attorneys usually charge a contingency fee that may range between 40-50% of the total compensation amount you would eventually receive on winning the case. Therefore, in order to ensure that you win the case and your time and money do not go waste, following 2 points have to be established during the court hearing of the case:

1) It would have been possible to win the underlying case if the attorney in question had not committed a mistake.

2) It would have been also possible to collect on a judgment on your underlying case after winning the case.

Needless to say, the above things are very difficult to prove and require a lot of research and hard work from your legal malpractice attorney. Another thing you should be aware of before proceeding to the court is whether or not the attorney in question has a malpractice insurance to cover all your losses. This will help you and your new attorney to determine if your provable losses are worth devoting the time and energy to take the matter to trial.

Last, but not the least, if you are determined to file a lawsuit and sue your lawyer successfully, make sure you contact a malpractice attorney right away and get the lawsuit filed within the ’statute of limitations’, which can be as short as 1 year.

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Introduction

The California law comprehensively defines matters involving personal injuries incurred due to the misconduct of other parties. However, not all injured victims succeed in acquiring justice from their misfortunes and sufferings. Some of them do not even know the basic principles of law that are very vital in achieving justice and obtaining fitting recoveries. Thus, this article aims to aid those poor victims and make them realize the proper steps to undergo if they wish to file their personal injury claims.

The Tort Law

To understand how to get along with your personal injury problem better, it would be better to know what is the meaning of “tort law” and what statutes does it imply.

Torts are defined as civil wrongs or unsafe actions or failure to perform acts, which an upright individual normally does in a certain situation. Moreover, these wrongs bring injuries or harms to people or entities that make it as bases for claim suits filed by the injured parties. Although, in some cases, these crimes can be considered as grounds for imprisonment, the tort law focuses more on providing the victims with just compensations for their injuries and preventing others from engaging into the same harmful deeds.

There are three general categories under the tort law:

Intentional tort – These are wrongful acts committed intentionally that resulted to injuries of the victim. Examples of this type are battery, assault, trespassing and defamation among many others.

In pursuing a lawsuit based on this basis, the plaintiff’s trial attorney must be able to confirm that the accused willfully or deliberately exercised his wrongdoing. In addition, it must be established that the intentional action is indeed the cause of the victim’s injury.

Negligent torts – Negligence, on the other hand, is actually the major cause of filing a personal injury claim. It is deemed to be as a person or party’s carelessness or failure to act in a manner that a prudent or cautious individual normally does.

The plaintiff is required to show the following in order to incriminate a defendant based on negligence:
the accused has an obligation to follow a standard manner of ensuring the protection of the victim from danger

the accused failed to comply with his obligation

the accused’ incompliance was the “proximate cause” of the victim’s injury

the plaintiff suffered damages

Strict Liability – this theory asserts that a defendant has his liability regardless of fault. This means that it can be held responsible for the plaintiff’s injury despite the degree of care he has exercised. This law provision is commonly used in product liability litigations wherein the plaintiff was injured because of utilizing a defective product.

To make use of this statute, the plaintiff must establish these three basic factors:
there is an innate defect on the product

the product defect was the “proximate cause” of the victim’s injuries

the plaintiff suffered damages

Get help in representing your personal injury case’s trial in court through our competent and trustworthy Los Angeles Trial Attorneys who are also acclaimed Los Angeles personal injury attorneys.

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The incidence of Traumatic Brain injury (TBI) is statistically shown to affect about 2 million people annually in the United States. That breaks down to 175 – 200 people per 100,000. Over 1.5 million of these are non-fatal brain injuries. TBI’s can account for about 34% of the yearly deaths that are caused by accidents in America states like California and especially inland empire cites such as Riverside where speeds are faster due to less traffic, and where big rig trucks are plentiful.

Traumatic brain injury and motorcycle accidents in inland California are a fact of life to the 909 resident. Statistics show that many of these brain injuries are caused by motorcycle accidents.

Many TBI’s are not readily apparent; the victim can suffer long term physical, emotional, intellectual and social changes which are not going to be recognizable at first. Riverside medical doctors who treat patients in Corona, La Quinta, Rancho Mirage and Barstow areas, can attest to the enormous financial and emotional costs, not only to the victim but to the family as well. Many motorcycle TBI victims will need on going long term care for the rest of their life. It is estimated that there are about 63 out of every 100,000 American adults who live in assisted living communities as the result of suffering a TBI. Many of these have been caused from being in a motorcycle accident.

California implemented its helmet law in 1992. Since then there has been a 37% decrease in statewide motorcycle accidental deaths. Although beach cities like La Habra, Fullerton, Anaheim and Orange have seen about a 34% decrease in TBI’s as well, inland empire towns in San Bernardino and Riverside have accidents on expansive and uncrowded freeways at high speeds. This is true, despite the fact that California residents are now almost 100% compliant with the helmet law.

Statistics also show that wearing a helmet will reduce the risk of brain injury by nearly two times than those who do not wear a helmet. The medical care costs to those who wear helmets are reduced by nearly 3 times the amount that non-helmeted riders can sustain from motorcycle brain injury accidents.

A large percentage of those suffering from motorcycle TBI’s are young male adults who are in the prime of their life. Many of these victims do not return to work and can end up living in assisted living communities. The costs of the care can be staggering.

Traumatic brain injury and motorcycle accidents can also leave one in a vegetative state. Long-term coma may be another consequence. Loss of your social network, not only for the victim but for the family as well, high risk for depression, loss of wages, loss of the family home, loss of marital relationship, all theses and more can be the consequence of suffering a TBI due to motorcycle accident.

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