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The passing of a friend or loved one is devastating.   There is much pain and loss associated with an untimely demise.  Such anxiety and pain can be further compounded when the death is the result of negligence of someone else.  These unfortunate circumstances are generally called wrongful death claims.  Those living in Orange County that have experienced such a scenario should definitely look towards making a claim or filing civil litigation as a means of seeking redress for the wrongful death.

Some may be a bit unnerved at the notion of filing a wrongful death suit or making a claim for the death of a loved one.  The reason the concept makes them uncomfortable is the fact that they may have difficulty putting a price on the death of a loved one.  Obviously, no amount of money will compensate for the untimely loss of a loved one.  So why bother making a claim?  Wrongful death claims or lawsuits can help many people in many ways.  Such a claim or suit is not based on seeking to place a dollar figure on anyone's life.  Rather, there are a variety of reasons behind filing a wrongful death suit and they include:

To punish and deter conduct:  In some instances, when someone's action (or inaction) causes the death of another, and such action rises above mere negligence, a claimant would seek punitive punishment for the party responsible for the loved one's death.  Filing a wrongful death lawsuit would act as a potential deterrent to others that may be behaving in a manner similar to the responsible party. This could potentially prevent the unfortunate death of others and leave a lasting legacy for your loved one.

Costs:  The costs of all medical fees that precipitated the wrongful death could be recouped.  In some instances, these costs could be quite enormous.  The costs associated with the burial can also be recovered.

Lost Income:  The death of a loved one could lead to significant loss of income to a family. A wrongful death suit or claim could provide the compensation the family would require in order to maintain its financial stability.

There are many different factors that need to be considered when determining whether to bring a wrongful death claim. These factors need to be balanced with the requisite delicacy with which these claims must be handled.  After the loss of a loved one, it is best to contact an attorney to determine if filing a wrongful death claim is the right thing to do.  The lawyers at Cohn & Swartzon, P.C. understand how difficult it is to make this decision but can assist you in deciding what to do after such a tragic loss.

Surely, you have heard the term personal injury or personal injury lawyer.  Quite often when I speak to individuals in and around Orange County, I am asked what exactly is meant by “personal injury”.   Most people do not understand what a personal injury claim covers.   In order to explain the term, it is best to clearly examine and define the process in order to understand what a personal injury claim entails.  Considering the sheer volume of people that live in Southern California, and Orange County in particular, it is best to be aware of the different modes in which a personal injury claim can manifest itself.

To answer questions regarding this type of litigation, here are some of the common areas in which personal injury can fall under:

Slip and Fall Accidents - Owners and management of property have a responsibility to make sure obstructions and hazards that can lead to falls are removed or repaired.  Those that do not can be held civilly liable.

Premise Liability - Residential and commercial properties need to be sure both the interior and exterior of the property is safe and free of potential problems.  Those that fail in this regard may find themselves the recipient of a lawsuit if someone is injured.

Vehicle Accidents - Most people believe that vehicle accidents mainly involve automobiles. While most vehicle accidents do involve automobiles, trucks and motorcycles are also involved in accidents quite often.   In fact, because of the type of vehicles involved, the injuries may be more severe than in a car.  Additionally, planes, boats, and trains can fall under the umbrella of vehicle personal injury lawsuits.

Dog Bites - Some dogs are dangerous and those owners that do not effectively prevent their dogs from attacking or biting others may be help responsible for civil liability.

Medical Malpractice - A physician must perform his/her duties properly and not fall below the requisite standard of care.  If not, the door may open for medical malpractice personal injury suits for damages and injuries sustained from a doctor or hospital’s malpractice.

Defective Products - When a person makes a consumer purchase, they should not have to worry about any harm befalling them.  Unfortunately, defective products do place consumers at risk which is why many personal injury suits are built around such products.  These lawsuits are important as they are often the impetus for bringing about safer and more reliable products.

Of course, there are other forms of personal injury.  All facets of this type of law are connected to one common thread: harm and negligence.  Those responsible for both can be held civilly liable.

Individuals who are involved in serious automobile accidents are often shocked when they receive a valuation of the value of their total loss vehicle.  Not only do these victims  have to deal with personal injuries or catastrophic injuries but they have to deal with insurance companies low-balling them on their car value.  The reason for these "low-ball" offers is that the insurance companies rely on an inherently biased and flawed system to evaluate the comparative values of other similar vehicles to arrive at a vehicles actual cash value ("ACV").  Insurance companies send out field inventory representatives ("FIRs") to various dealerships to determine the dealer's "take" price.  That is, the absolute lowest amount a dealer will take to sell the car.  The insurance companies then use this number to inaccurately determine the "take" price of other cars, not taking into account the local supply and demand of the vehicle, the amount of work done on the vehicle or its true condition.  There are several lawsuits filed against insurance companies based on this valuation method.  Nevertheless, when you have been in an accident there are ways to fight the insurance company on their valuation of your total loss vehicle.  Contact the attorneys at Cohn & Swartzon to help you obtain the maximum ACV of your vehicle.

No amount of money can bring back a loved one.  However, sometimes a tragic death can send a message and wake up call to potential drunk drivers that the public will not tolerate their reckless and malicious behavior any longer.  A jury in Florida recently awarded the mother of a 13-year old girl $330 million in compensatory and punitive damages for her death at the hands of a drunk driver.  These types of awards signal to drunk drivers that they will pay dearly for their misdeeds. The van in which the young teen was riding as a passenger was struck after the drunk driver failed to stop at a stop sign.  The 13-year old was killed and others suffered catastrophic injuries. The family of the teen filed a wrongful death civil suit against the drunk driver who was serving a 13 year prison sentence for manslaughter. Cohn & Swartzon applaud the brave mother of this 13-year old-a victim of a drunk drivers maliciousness.  If you have been involved in an accident with a drunk driver, you have rights both in the criminal and civil courts.  You should contact experienced lawyers, like those at Cohn & Swartzon, P.C. 888-444-1955 to help you receive the compensation and justice you deserve.  

Contingency fees offer personal injury clients a valuable advantage.  They enable anyone who suffers an injury to bring a lawsuit without having the money up-front to pay an attorney.  With contingency fees, attorneys agree to accept a portion of the recovery and agree that if the client does not win or does not get a recovery, there will be no fees or costs. 

Why does the contingent-fee system serve clients and work so well?  Contingency fees . . .

• give everyone--regardless of race, creed, color, religion, national origin, gender, marital status, age or other factors--an equal chance to have their day in court to address their injuries, no matter what their financial resources may be.  Individuals with limited assets can sue the richest, most powerful corporations, which often have unlimited money for legal defense fees.
• promote efficiency and discourage frivolous lawsuits by motivating lawyers to make sure that the cases they accept have legitimacy and merit.
• are fair since there is no cost to the client unless he or she wins.
• discourage wrong does, like drunk drivers or uninsured motorists, from continuing inappropriate behavior.
• allow attorneys to front the costs for experts in all fields appropriate to help prove negligence or malicious conduct by the other side--from slip and falls, elder abuse, car accidents, trucking accidents or disability violations, regardless of whether the injuries were minor or catastrophic.

Cohn & Swartzon, P.C. take cases on a contingency basis to make sure that everyone injured is represented and gets their day in Court.  If there is no recovery, there is no fee.  With over $45 million in recovery for our clients, we know how to win.  Call Cohn & Swartzon at 888-444-1955 for a free consultation.

Automobile accidents in which drivers or passengers are seriously injured or killed are always terrible. When there is doubt as to the cause of the accident, which may be hidden by vehicle damage an experience personal injury lawyer can research and investigate the real cause of the harm. Here are two actual accident cases:

Safety-check Failure
Three disabled and elderly residents returning to their group home from a picnic outing were killed when ejected from their van, which overturned in a crash.  A jury awarded compensatory and punitive damages to the decedents' survivors when the investigation revealed liability on the part of the group home.  Research uncovered that the group home was negligent in hiring the driver, who had extensive criminal and traffic-violation records.  He also failed to conduct a safety check on the van, which had a flat tire, prior to departure because he was under the influence of alcohol and illegal drugs.

Negligent Hiring
After a driver who was struck from behind by an 18-wheel truck suffered brain damage, examination revealed that the truck driver's employer and a professional driving organization had failed to conduct criminal-background checks, which would have revealed the semi-driver's two previous accidents and felon status.  The injured driver and his wife received a negligence settlement from the trucking company following the first day of trial.

If you have been involved in any type of accident, call the experienced lawyers at Cohn & Swartzon, P.C. at 888-444-1955 to help you obtain just compensation for your injuries.

Unfortunately, accidents (automobile, motorcycle and trucking) are an all to common occurrence--especially when driving in California.  More often than not, most most people are often confused and unsure about what to do in the immediate aftermath of an accident.  One thing most people who have been involved in an accident will tell you is that the adrenaline pumps through your body and may cloud you from thinking clearly.  To help is short auto-accident checklist.  After an accident you should:

• Stay calm.
• Check for injuries (but do not move a seriously injured person unless they are in further danger because of traffic or other circumstances).
• Call the police.
• Promptly seek medical attention.
• Obtain the key information (license plate, insurance, address, phone number, type of car, etc.) from each of the drivers involved as well as witnesses.
• DO NOT give a recorded statement or sign any paperwork with the other side's insurance company.
• Do not admit fault.
• Document all that you can and take photographs, if possible (even with your cell phone camera).
• Let the insurance company know about the accident even if it was not your fault.
• Call an attorney. 
  

If you are involved in an accident, let the team of attorneys at Cohn & Swartzon, P.C. at 888-444-1955 help you with deal with your injuries and your claims.

After an accident, whether of not anyone is injured, everyone knows to call their insurance company to begin the claims process if they were at fault.  But even if you were not at fault for the accident, you should still call your insurance company to report the claim.  The reason is two-fold.  First, insurance companies typically impose various conditions on coverage including that the insured give timely notice, give a statement under oath and provide proof of loss.  If there is any delay in giving notice, insurance companies can attempt to deny coverage under the insurance policy arguing that it has been substantially prejudiced by the delay.  Why is this important if you were not the responsible party?  Because you may need to look to your insurance for coverage of the accident.  This brings us to the second reason why providing notice to your insurance company is important.  After an accident, people generally exchange insurance and other relevant information at the scene.  However, simply because someone gives you insurance information does not necessarily mean that they are covered.  Coverage could be denied because the driver was an excluded driver on the policy, the policy could have lapsed for lack of payment, the policy could have simply expired and never been renewed.  If that is the case, you will need to look to your own policy for uninsured motorist coverage and payment for property and personal injury damages.  Moreover, even if the other party has coverage, you may need to look to your underinsured policy if the responsible parties coverage are to low to pay for all of your property and personal injury damages. After an accident, call the team of Cohn & Swartzon, P.C. and we will make sure that your receive the compensation you are entitled to.

You pay hundreds and even thousands of dollars for car insurance every year to protect you and your family in case of an accident.  You pay these premiums to ensure that in case something happens to you or your family, you will be protected.  Unfortunately, the reality of the situation is that many insurance companies don't care.  What they do care about is their bottom line-making big money for fat cat CEOs and their shareholders.  These insurance companies are incentivized to not pay claims and deny them.  When they don't pay claims, they keep the money for their coffers.  In fact, adjusters are often given incentive to deny valid claims, even clear personal injury claims.  What is the adjuster's prize for denying a valid claim which may have catastrophic consequences for you and your family?  Pizza, yes pizza.  Many insurance companies throw pizza parties for adjusters when they meet low payout goals.  You need someone on your side to make sure that the insurance companies do not get away with these shenanigans.  You need a strong law firm like Cohn & Swartzon, P.C. to help you and your family in their time of need.  Whether you are involved in a minor or major car accident, call us.   We will deal with the insurance companies directly.

Many people are unaware that as a "victim" of crime, you may be entitled to financial restitution from a criminal court.  This restitution award may allow a victim to receive funds from the defendant directly by way of an order of the Criminal Court and as a mandatory requirement of the defendants release or completion of probation.  There are many tools which can be utilized by attorneys to determine the defendant's assets which may be vital in settling a case or to enforce any later acquired judgment.  A willful failure to pay restitution can result in revocation of probation (Pen. Code §§1202.4(m), 1236(j).).  These types of restitution orders can be obtained in DUI cases, victims of crime cases or certain catastrophic injuries, hit and run accidents and wrongful death.  Regardless of the case, you should be made aware of your rights.  If this has happened to you, please call Cohn & Swartzon, P.C. and speak with an attorney regarding your rights.