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Auto Accidents: Reasons to Consider Hiring a Personal Injury Lawyer

Thursday, April 06, 2017

After being injured in a car accident, you may quickly find that there is more to deal with than simply healing. From filing paperwork and dealing with insurance companies, to seeing your doctor for treatments, you may soon find yourself in over your head and unsure what to do. Auto accidents can be stressful enough without you trying to deal with the aftermath on your own. If you have recently been injured in a car accident, here are just a few of the reasons why you should consider hiring a personal injury lawyer to help you through the coming ordeal.

Will be Able to Assess Your Claim

An experienced personal injury attorney will be able to assess your unique situation, and will be able to help you to determine whether or not you have a case worthy of further legal action. Having experience with these cases, a personal injury lawyer will be able to give a more accurate idea of whether or not you have a case, which can prevent you from wasting time and money preparing for an unwinnable legal battle. Additionally, if your attorney determines that you have a viable case, a personal injury lawyer will be able to help you to determine what your claim is worth.

Has Experience Working with Insurance Companies

Working with, and receiving compensation from, insurance companies can be a difficult process. On your own, you may find your case being bounced from one person to the next with no results. An experienced lawyer can be extremely beneficial here, as they will have experience with these sorts of tactics, and will not become confused by them or feel pressured to settle on a deal prematurely. A personal injury attorney will be able to push past these barriers and get you the compensation you deserve.

Hiring a personal injury attorney after being involved in a car accident is a wise decision, as an attorney will not only be able to support you through this difficult time, but also, they will be able to help you to determine what your claim is worth, and they will work hard to make sure that your case is not ignored. These are just a few of the reasons to consider hiring a personal injury attorney; contact us to learn more about why it can be beneficial to hire an attorney after being injured in an auto accident.

What Happens If You Are Injured By An Uninsured Driver?

Thursday, March 30, 2017

An auto accident is already a disastrous event, but there is one thing that could make it worse –when the other driver doesn’t have insurance. However, the fact that they don’t have insurance doesn’t mean that you can’t get damages from them.

The usual situation when you encounter an uninsured driver is that they don’t have insurance because they can’t afford it. This means that if you take them to court for medical bills and property damage even if you win you may not get much compensation. The court realizes that they cannot make an individual pay what they do not have, but they can make them pay a set weekly amount that they can afford to cover your damages. If the uninsured driver fails to pay, the court can freeze their assets and generally force their hand.

Typically this is a poor situation for all those involved. The victims of the accident feels bad for suing someone without means to pay for the damage, and the negligent party becomes even more financially imperiled by the fact that they have to slowly pay back the damages. It really is a no-win situation, which is why it is so important to have insurance. An accident may make your premiums go up, but it is there to pay for damages when you really need it.

If you have been in an accident with an uninsured driver and need legal representation for your court case, contact us. We can make sure that your damages are paid without making the process more drawn out and painful than it needs to be.

What to Do When Another Family Member Challenges a Wrongful Death Claim?

Thursday, March 23, 2017

If a loved one is killed in a work-related accident, that fatality classifies as wrongful death. While many don’t want to think of the financial aspect of it all, a common reality is that they depended on the deceased for a large portion of their income. In most states, a number of family members can file a wrongful death suit and get compensation to help make the financial transition of their loss a little easier. However, that family member must have been financially dependent on them.

However, what happens when there is more than one person in the family that was financially dependent on the deceased? Typically the settlement is awarded to the primary family member like the spouse or the surviving children. However, what happens if there was a secondary, like a parent, that was dependant on a portion of the income?

There is normally not more than one settlement. In most cases, the family members will split it to help with expenses, but the decision to do so is by choice rather than any responsibility to do so by the courts. However, if non-primary family members are part of the family that can be entitled to wrongful death settlements in your state, such as parents opposed to extended family like aunts or uncles, and can prove that they were financially dependent on the deceased, they do have some options.

If those two qualifications are met, they do have the right to challenge a settlement and the courts can force the primary family member to split it.

If you have suffered a wrongful death in the family and found a family member challenging your settlement or are looking to challenge the settlement of another, contact us. Wrongful death cases are hard enough as it is, we can help make getting your compensation a little easier.

What Damages Can You Seek for Wrongful Death?

Thursday, March 16, 2017

If someone you love has been killed in a fatal accident that is the fault of another person or entity, it can be a devastating time. Not only were they taken from you suddenly, but you likely don’t want to think of the financial vacuum that their loss has created in your life. However, if someone you loved was the victim of wrongful death, you can seek damages against them.

The damages available for wrongful death vary from state to state, but in California, the available recourse is quite liberal. When filing for wrongful death, you can seek monetary compensation to cover:

  • Funeral expenses

  • Medical bill coverage for the final injury

  • Lost income including lost potential income

One major factor that is missing is the ability to seek damages for grief and emotional distress. In wrongful death cases, typically this is not something you can go after.

Who Can Seek Wrongful Death Damages?

While the damages you can seek are a little more negotiable, there is a wide array of different family members that can file wrongful death lawsuits. However, while surviving spouses, child, parents, stepchildren, and putative spouses can bring about a wrongful death claim, they must first have had some monetary dependency on the deceased if they want to get full damages aside from the coverage of medical bills and funeral expenses.

If, for example, a parent sought wrongful death damages and did not have any financial help from the deceased, they would not be able to pursue loss of potential income. However, if they needed support from the deceased, like if they paid for a nursing home, then that would open up the path for loss of income damages.

Unfortunately, wrongful death cases are often long and stressful. If you are in the Los Angeles area and need representation, contact us today so that the Law Office of Freeman and Freeman can help take some of that stress away.


California Dog Bite Laws Are Strict On The Owner

Thursday, March 09, 2017

Dog bite personal injury cases are a lose-lose situation. Even if the person who was injured gets money, the other person loses their dog. This is especially true due to the strict nature of California dog bite laws and the ways they put the liability on the owner.

California Is A “Strict Liability” State

When a state bases their personal injury lawsuits on “strict liability,” the dog owner is liable for any bite that occurs by their dog when the person who was bitten was in a public place or lawfully visiting the owners home or another private place.

This is a very strict type of liability that makes it hard to defend against these cases. The statute of limitations is typically two years on this case – meaning the bitten person has those two years to bring the case to court.

Defenses Against These Claims

The only ways to really defend against this type of claim includes illustrating that the injures were not caused by a dog bite. For example, a medical examiner could state that the injury is not congruent with that caused by a bite and was caused by another injury. Typically this is hard if the dog clearly bit the person and there were witnesses.

Another defense is to claim that the person was trespassing unlawfully on the property. Again this is hard if the person who was bitten was a friend or family member who was visiting. But robbers bitten by a dog cannot sue, nor can anyone who was being thrown off of property or whom the owner did not want on the property.

The strict rules that dictate dog bite cases in California make it important to hire a professional attorney to defend you. Please contact us if you are involved in one of these cases and feel you are being unfairly persecuted.




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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.