EXPERIENCE MATTERS...
LET US PROVE IT TO YOU.

view our case results read client reviews

Personal Injury Blog

You Have a Strong Case, But A Lawyer Won't Take It

Thursday, January 03, 2019

You don't have to be educated in the law to know what makes a strong accident case. If you were in an accident that was not your fault with your vehicle totaled, it looks like you have a pretty solid case. However, when you take it to a personal injury attorney to get your injuries and other damages covered, they turn you down. For most lawyers, they will explain why they won't take your case. However, sometimes that answer isn't really enough to satisfy you. 

So why isn't a personal injury lawyer taking your case?

In some instances, a law firm may simply be too busy to take your case. In fact, if you don't get a yes, this is the answer you want. No one wants a law firm that is technically too busy to try and take their case. It won't get the attention that it deserves.

However, aside from that very reasonable excuse not to take on your case, the main reason is that your case isn't as strong as you think it is. Even if you know that it is not your fault, legal cases are all about being able to prove it. The biggest reason that a law firm won't take your case is that they don't think they can prove it, or it would be too much of a challenge to do so.

The law firm would be responsible for presenting evidence that supports the fact that the accident was both not your fault and caused your injuries. For most accident cases, this isn't as hard. They will gather witness statements, examine police reports, and often evidence can be gathered from simply examining the scene of the crime.

Another big issue comes with proving how much you were hurt. If you were in an accident other than an auto accident, compensation comes from covering your injuries. However, they will need to prove the extent of those injuries. This is where problems can come from. Certain injuries, such as spine or head injuries, can be very tricky to prove. Furthermore, they can be worse than anyone imagines, so it is difficult to prove and get adequate compensation for them.

What does all this have to do with a lawyer not wanting your case? 

 The reason is simple: they don't want to lose. Some lawyers get paid only if they win, so if they don't win then that case has been nothing but a waste of time. Even if a lawyer does get paid for their time even if they lose, fighting a case that is extremely difficult may not be worth their time either. It means they have less time for other cases and it is a detriment to their firm.

If you have had your case denied by a law firm, it is not the end of the world. However, if you have had your case denied by several law firms, there is usually a reason for it. It is too difficult to prove and too difficult to win. However, in these cases, it may be tempting to give up. Yet, for those in an accident, giving up on their case may not be an option. You need that compensation for expensive medical bills and you need a lawyer that will help you fight for it.

If you have been in an accident in the greater Los Angeles area and need a lawyer that is willing to fight for your case, contact us today. The Law Office of Freeman & Freeman is ready to help you go over your case as well as to point out any specific problem areas that may occur.


Bus Injuries As a Result From Sudden Acceleration

Thursday, December 13, 2018

Not all injuries on a bus occur from a random accident. In fact, bus travel is a relatively safe form of travel where accidents are either fairly minor to those inside or very rare altogether. However, an accident is not the only way to get hurt on a bus. Often the biggest cause of bus-related accidents comes in the form of accidents between the passenger and just riding on the bus. One of the most common includes accidents from rapid acceleration by the bus driver.

Rapid Acceleration: Driver or Passenger Fault?

For those who ride on the bus every day, they might not be altogether unfamiliar with the rapid acceleration of the bus by its driver. You get on the bus and while looking for a seat, the bus suddenly jolts forward as the driver eagerly pushes towards their next stop. Bus drivers are trained so that this acceleration should be rather gentle, but they still should wait until all passengers are safely sat down before moving.

So if this rapid acceleration did occur, whose fault is it? It seems fairly straightforward that it would be the driver's fault for not waiting for all passengers to be secure, but that is not always the case. The driver can't always control the passengers or other outside factors on the road. If they need to accelerate to change lanes or avoid hazards, they need to do so. If this time coincides with a passenger fooling around and not sitting safely, then the fault doesn't actually lie with the driver, but with the passenger.

However, while a bus may be full of many witnesses, usually it is not the witness testimony that is relied upon to prove fault. Instead, many buses come with surveillance that helps determine the liability in the accident. If passenger surveillance determines that the passenger was misbehaving in an unsafe manner, they may be barred from compensation from the accident.

Types of Injuries That Can Occur From Sudden Acceleration

When it comes to the rapid or sudden acceleration of a bus, the most common type of accident is a fall. This can manifest a number of serious injuries. However, while a fall on a public bus may be embarrassing, it is important to remember that you must have sustained sufficient harm in order to pursue a lawsuit. A scrape or a scratch, in most cases, it is not enough to pursue what will be an expensive lawsuit.

In bus accidents, it is usually only worth pursuing a lawsuit if your injuries forced you to go to the hospital. The sudden acceleration could be breaking your arm after a fall or serious head trauma after hitting something on the bus like the edge of a seat. Both these injuries, and many others, will likely result in your hospitalization after the accident. If you have medical bills that resulted from an accident, this is always a case for litigation. However, you will find that if you only suffered minor injuries, a lawsuit seeking punitive compensation will likely be unsuccessful even if the driver is completely at fault. The world looks down on frivolous lawsuits that are solely meant to punish, and they have a much higher chance of being unsuccessful these days.

Need Help?

For most, the only bus accident they fear is a serious auto accident that will be blamed on traffic. However, injuries can happen on a bus without an actual crash. If you have been the victim of a sudden acceleration bus injury, and need help getting compensation to cover your medical bills, contact us today. Let the Freeman & Freeman Law Firm come to your aid.

Important Steps to Take After Your Child is Injured in a School Bus Accident

Thursday, May 17, 2018

We like to think that school buses and the schools themselves are the safest places in the world. While recent news has proven that the safety of public schools is deeply flawed, this there is no question that school buses can have their issues as well. After all, the roadways are a dangerous place.

While many school bus drivers keep their passengers very safe through safe driving, they are not the only drivers on the road. Any driver can cause an accident and unfortunately, school buses are not always overflowing with safety features. While what safety features they do have may help prevent fatalities, they don't always go a long way to prevent injury. This means that if your child is in a school bus accident, they have a much higher chance of being injured. This is a breach of trust between you and the people you trust to keep your child safe, and when that trust is breached, you should pursue them for compensation. So what steps should you take when your child is injured in a school bus crash?

Seek Medical Treatment

If there was a bus crash and your child was injured, ideal they should be treated before you even know they were in a crash. However, the most important thing will always be to make sure your child gets the medical attention they need to heal to the best of their ability, and worry about everything else second. However, if you intend to pursue compensation, be sure to keep track of doctors, treatments, and medical bills so you can potentially get reimbursed from a personal injury lawsuit.

Document the Injuries

After your child has been seen by a doctor and all their injuries have been treated, you will strongly want to consider snapping a few pictures of the injuries. In personal injury cases that involve children, visual proof of the injuries can really tug at the heartstrings. Document everything from bruises and stitches to broken bones. It is one thing to read off a list of injuries from a piece of paper, but it is quite another to be able to show how badly your child was hurt.

Document the Accident

Often parents of children injured in school bus accidents don't know what actually happened unless they probe into it a bit. If you intend to pursue compensation to cover your child's medical bills, you need to find out what happened in the accident, who is at fault, and how well the accident itself was documented. As school buses carry so many young passengers, police will often flood the scene, meaning there will be a police report that can be pulled. This will detail all the crucial pieces of the accident as well as list any witnesses to an accident. Police reports are a crucial pieces of evidence to prove and support your case.

Contact a Lawyer

If your child was injured in a school bus accident, you will want to contact a lawyer as soon as possible after your child's injuries have been treated. The unique thing about school bus accidents is that often there will be quite a few other parents seeking to take the same legal action. This means that instead of taking the case to court and risking a number of high award amounts given by the courts, the responsible party for the accident may try to settle with as many parents as possible. In cases that involve children, often the odds are stacked high against those responsible.

If your child has been in a school bus accident and you want to seek compensation to cover their injuries, contact us today.

Steven Freeman Named as a "10 Best Personal Injury Attorneys in California For Client Satisfaction" Honoree

Monday, April 16, 2018

American Institute of Personal Injury Attorneys Press Release

The American Institute of Personal Injury Attorneys has recognized the exceptional performance of California’s Personal Injury Attorney Steven Mark Freeman as 2018 10 Best Personal Injury Attorneys for Client Satisfaction.

The American Institute of Personal Injury Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 Personal Injury attorneys in each state. Attorneys who are selected to the "10 Best" list must pass AIOPIA's rigorous selection process, which is based on client and/or peer nominations, thorough research, and AIOPIA’s independent evaluation. AIOPIA's annual list was created to be used as a resource for clients during the attorney selection process.

One of the most significant aspects of the selection process involves attorneys' relationships and reputation among his or her clients. As clients should be an attorney's top priority, AIOPIA places the utmost emphasis on selecting lawyers who have achieved significant success in the field of Personal Injury law without sacrificing the service and support they provide. Selection criteria therefore focus on attorneys who demonstrate the highest standards of Client Satisfaction.

We congratulate Steven Mark Freeman on this achievement and we are honored to have him as a 2018 AIOPIA Member.

 

 

Motorcycle Accidents: Does Not Wearing a Helmet Hurt My Case?

Thursday, April 05, 2018

While many experience the siren's call at least at some point in their life that lures them onto a motorcycle, there is no argument that they are slightly less safe than your standard car. While many operate motorcycles safely, it is not always the driver of these vehicles that are responsible for an accident. However, if a motorcycle is involved in an accident, the drivers are more at risk for injury simply because the vehicle lacks that protective metal shell.

However, in an effort to cut down on the rate of severe injuries and fatalities in motorcycle crashes, many states have adopted a mandatory helmet law for both drivers and passengers. This is the case in California, in which the law requires both driver and passenger to be helmeted while on the road.

However, while this law may be in place for the safety of the riders, not everyone listens to these laws, particularly if they ride in areas where they are pretty sure they won't run into law enforcement. However, while riding a motorcycle without a helmet is your choice, if you are involved in an accident, it may make your case more difficult.

How Wearing a Helmet Affects Your Case?

In motorcycle accidents, typically you are trying to recover damages for both the damage to your motorcycle and for any injuries. However, if you were not wearing a helmet in the accident, you can be sure that the opposing insurance company's first argument will be that you will be responsible for some of those injuries.

In California, since not wearing a helmet while riding a motorcycle is technically illegal, the insurance company is likely to say that because you were breaking the law, they shouldn't need to cover some injuries. However, while they courts may agree, a case of the court completely preventing collecting compensation altogether is not likely to happen.

Yet, in making this decision, there are two factors that can affect how much compensation you receive if you were not wearing a helmet. These factors include:

  • Was There a Head Injury? - If you were in a motorcycle accident while not wearing a helmet and you actually did not suffer any head injuries, then the fact you were not wearing a helmet is completely irrelevant. However, if a head injury was present, it is likely that the courts will likely hold you at least a little bit responsible and modify the amount you will receive for the head injury alone while often covering the other injuries in full.
  • Was the Accident the Other Driver's Fault? - Similar to helmetless accidents where there is no head injury, if the accident was the fault of the other driver and they alone could have prevented it, then whether you are wearing a helmet or not does not matter. If the other driver had driven more safely, it can be argued that you wouldn't have those injuries in the first place. However, in this situation, the insurance company is still more likely to at least try to argue that the amount of damages should be limited due to your illegal behavior.

Need Help?

Were you hurt in an accident on your motorcycle in California? If you were not wearing a helmet, you may think that because you were acting illegally that you don't have a lot of options or even a right to compensation. However, that simply is not true. If you were in a motorcycle accident, due to the sheer nature of the vehicle, you may have more injuries than a standard car driver, and whether you were wearing a helmet or not, you can recover at least some compensation for your injuries. If you need representation in your case, contact us today.


CATEGORIES

Submit

Office Locations

21900 Burbank Boulevard
Third Floor
Woodland Hills, CA 91367-7418

P: 818-992-2919
F: 818-992-2940


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.