Posts Tagged ‘Accident’
How to Get Money in a Los Angeles, Marina Del Rey Personal Injury Car Accident Case
We are Southern California’s premier Marina del Rey attorneys. The Marina del Rey attorneys at the Ehline law want you to How to Get Money in a Los Angeles, Marina del Rey Personal Injury Car Accident Case. Learn here how to handle personal injury, criminal defense and other delicate legal matters. We are not bogged down with only one area of legal practice. This means we have well rounded knowledge of all areas of California law. Since many areas of California law cross over, using us will more than likely get you a better analysis of your case, be it civil, or criminal.
For example: When an individual suffers physical or emotional injuries, and/or an individual’s personal property is destroyed or damaged say, in Marina del Rey, this is known as a “Personal Injury” in California Courts. California personal injury law allows an injured victim (Plaintiff) to receive payment (monetary compensation) for injuries causing the damages. These damages must be caused by a tortfeasor’s (Defendant) failure to exercise due care, or carelessness. The damages are usually the result of a Defendant’s intentional conduct, malice, negligence, recklessness. How to Get Money in a Los Angeles, Marina del Rey Personal Injury Car Accident Case is just a question of hiring a qualified pi attorney.
California and the Federal government utilize tort laws that largely are the result of English Common Law. These tort laws came about to protect individual rights and now even apply to incorporeal persons. Negligence is comprised of three parts in most States: (1) Duty owed by the Defendant wrongdoer, to the Plaintiff injured victim; (2) Breach of the aforesaid duty; (3) Damages caused by breach of the duty. This is called negligence.
Taking the case to court will help avoid “self help.” The English Common Law recognized that people would help themselves to a “pound of flesh”, unless the courts awarded some other form of compensation. Court’s eventually concluded that monetary damages were the best way to avoid people killing eachother over simple injury disputes. California law requires that citizens refrain from injuring one another. People have a right not to be injured, and so does their property. Our Marina del Rey Attorneys will help you navigate through all the complexities of California law.
If you or someone you know needs attorneys in Marina del Rey, because he or she suffered a crime or personal injury, or someone you know had their property destroyed or damaged, the injury causing tortfeasor has committed a tort for which damages or injunctive relief may be awarded by a California Court. Tort liability comes about in many ways. The most common liability is: (1) Intentional conduct, (2) Ordinary negligence.
Intentional conduct is just that. It is done on purpose with intent to injure, vex, annoy and/or harm. This is also reckless, but one can be reckless without being intentional. In all events, this is how the injury and harm arises. Negligence happens when the injury causing torfeasor refuses, fails, or neglects to properly abide by the societal standard of care. When that happens, the injured victim is harmed an damages are the way we try and make the victim “whole” For example, if a tortfeasor becomes upset or angry and tosses a hammer in your home, breaks your windows out and the hammer impacts your face, you are now the victim of intentional conduct that could also be characterized as “negligence.”
In fact, the district or city attorney may even want to file criminal charges for battery, assault, mayhem, breaking and entering, malicious mischief and so on and so on. The same goes for a Marina del Rey car accident. If done purposefully, it would be intentional and even criminal.
There are other types of Marina del Rey personal injury less appreciable at first glance. For example, California tort law applies to “strict liability”. Strict liability makes a person liable regardless of whether a Marina del Rey tortfeasor was negligent. For example a dangerous explosives factory in Marina del Rey. If there was an explosion at the Marina del Rey factory, the factory is liable because explosives are inherently dangerous. Products liability has a similar tone as well. A Marina del Rey product manufacturer is held responsible to make a product safe when used by an ordinary consumer for the particular purpose for which it was designed. If the product fails and causes an injury, the manufacturer and all in the chain of distribution may be held strictly liable. The Marina del Rey victim has no duty to prove up intentional or negligence conduct. The only thing need be proved is that the defective product failed, and an injury happened.
When a person suffers a Marina del Rey personal injury, the tort Defendant must pay money damages if found liable by a jury. “Damages” also covers any event where a duty is owed to compensate for a loss due to a tort injury. Damages can be decided pre-litigation by the parties to the lawsuit, and settled prior to trial. Usually these involve insurance settlements. Sometimes a personal injury victim won’t want to settle unless he or she is fully compensated and will want to risk trial. You will need a Marina del Rey attorney to make sure you don’t get suckered.
Often, the physical injury in Marina del Rey is so severe, the personal injury victim will simply be unable to work. California personal injury laws help determine who is at fault. The at fault person is the “liable”, party. The liable party will be responsible for paying for the personal injury damages caused by the liable party. Attorneys in Marina del Rey are best suited to take on your Marina del Rey civil, or criminal defense cases.
If you or a loved one has suffered a personal injury in Marina del Rey, you must: (1) Get medical help immediately. Don’t wait, or a crafty defense attorney will argue your not really hurt later on; (2) Call the police; (3) Call your insurance company if you feel it may be a covered event; (4) Contact the Marina del Rey attorneys at the Law Offices of Michael P. Ehline for a free consultation. (5) Don’t give recorded statements to your adversary, or your own insurance company unless you have spoken to competent Marina del Rey attorneys first [Don’t ruin your case]; (6) Refuse to discuss your case with anyone other than your Marina del Rey attorneys. (7) Do cooperate with police and your own treating physicians, and your own insurance company [But make sure you have Marina del Rey attorneys, if you feel you are being investigated for illegal activity and never volunteer incriminating information] – always ask to have your Marina del Rey attorneys present before cooperating.
In Marina del Rey, California, most personal injury cases involve a 2 year statute of limitations. In other words, a personal injury victim only has a statutory time frame to file a civil complaint for damages and jury trial.
If you or a loved one has been injured in Marina del Rey, or are simply in need of legal counsel, you need to contact the Marina del Rey attorneys at the Law Offices of Michael P. Ehline, P.C., at (310) 593-4871 or simply e-mail us at the contact address provided in the explorer bars above for a free initial consultation. Usually assuming we take your case, it will be on a contingency fee basis. This means no recovery, no fee. Don’t let the statute of limitations expire while trying to negotiate your Marina del Rey civil case with the insurance company. That’s what they want. No insurance company wants to pay. That is why you must retain experienced Wrongful death car accident attorneys in Los Angeles.
Insurance companies are not your friend. You are only a number to them. A claim number. Insurance companies treat many cases as if they are simply fraud. They often appear to do that to avoid paying, not because it is really appears to be insurance fraud. Don’t let the insurance company play games with you. Insurance companies can commit fraud to. Ehline won’t stand for it! Marina del Rey Attorneys as Ehline will try and get you paid and fight the wicked insurance company, with its highly paid team of professional claim destroyers. We hope you enjoyed our article on How to Get Money in a Los Angeles, Marina del Rey Personal Injury Car Accident Case.
Florida’s Seat Belt Law – Click it or Lose Your Auto Accident Case
Beginning July 1, 2009, police officers in Florida may now stop the driver of a car based upon a simple suspicion that the driver is not wearing a seat belt. If the police officer’s suspicion is right, you can receive a citation that will cost you 0.00 under the new Florida law. Before, motorists could not be stopped for just the seat belt violation. A police officer would have to see some other type of traffic violation, and then could cite a person for failing to wear a seat belt once that person is pulled over. <br />
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<p align=”justify”> Putting aside the financial reasons for wearing your seat belt, there are also safety and legal issues to consider. Wearing a seat belt has been proven to save lives. The Florida Department of Highway Safety and Motor Vehicles estimates that Florida’s seat belt law will prevent approximately 1,700 serious car accident injuries, and approximately 140 car accident deaths on an annual basis. In 2007 alone, of the 1,972 that were killed in car accident crashes, 61% of them were not wearing a seat belt. You do not have to look far to find an auto accident in Florida where a person’s life was saved simply because they were wearing their seatbelt. <br />
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<p align=”justify”> There are also legal reasons to wear a seat belt in Florida. If you suffer an injury in a Florida car accident, and you pursue a car accident claim against the person responsible for causing the accident, the at-fault party can raise Florida’s “seat belt defense” in an effort to minimize any car accident injuries you may have suffered. In order for Florida’s “seat belt defense” to be raised in a <a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”http://www.jmmlawyers.com/florida-auto-accident-lawyer.html”>Florida auto accident case</a> injury claim, that party must prove there was “an available and fully operational seat belt” that the injured person failed to wear. Sometimes this is more difficult to show than it seems, particularly in serious car accidents where a car sustains a very large amount of property damage. If a party can show that there is an available and fully operational seat belt available to the person that was injured in the car accident, Florida Law allows for a jury to reduce a damage award. <br />
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<p align=”justify”> There are ways to counter the seat belt defense. These include showing that the seat belt was not “available and fully operational”, arguing that the injury would have occurred even if the person had been wearing the seat belt, or attack the basis for the assertion that the injured person was not wearing their seat belt. <br />
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<p align=”justify”> A motorist in Florida has many reasons to wear their seat belt. It is obviously in their financial best interest to wear their seat belt or otherwise be subject to a 0.00 citation from a police officer. If the driver is involved in a serious car accident or suffers a serious car accident injury, a seat belt is certainly going to give the person a better chance of walking away from the accident versus suffering a serious injury or death. And finally, if you are injured in a serious car accident, any experienced <a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”http://www.jmmlawyers.com/florida-auto-accident-lawyer.html”>Florida auto accident case </a>lawyer will advise you that you will have difficulty overcoming Florida’s seat belt defense. <br />
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<p align=”justify”> Joseph Maus has been specializing in representing those people who have a <strong>Florida auto accident case</strong> for over 15 years. To determine whether you may have a claim, the lawyers at Joseph M. Maus, P.A. offer a free, no obligation consultation to answer your questions, and help evaluate your claim. For more information about the seat belt law or a <strong>Florida auto accident case,</strong> contact Joseph M. Maus, P.A.at 1-866-556-5529, visit his website at www.jmmlawyers.com, or <a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”http://www.jmmlawyers.com/contact-south-florida-attorney.html”>email</a> him today.
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