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Orange County, California is known for being a very active and lively section of the Golden State. Many people will enjoy surfing on its coast, hiking on its mountains, or bike racing on its many trails. Unfortunately, with any risky activities there comes the chance for injury. In some instances, negligence can contribute to an injury and, in extreme scenarios it may be possible that the negligence can contribute to a severe injury. Unfortunately, a catastrophic injury could lead to the inability to remain employed which could put an extreme burden on those that have been harmed as a result of the negligence. Also, such serious injuries could cause a heavy financial burden when dealing with the large medical expenses. For example, a traumatic brain injury could require 24 hour care for the afflicted. The costs of such care can be enormous. Clearly, if someone else caused the injury, that person should pay for such resultant costs associated with their negligence. Some may be under the assumption that litigating a catastrophic injury case is cut and dry. This is not always the case because all active sporting ventures come with a certain assumption of risk. That means the person taking part in the activity needs to be aware that a risk of injury is always present. However, the assumption must be based on a reasonable amount of risk. Injuries based on negligence may fall outside this initial assumption of risk. The crux of the case will be proving that the negligence was the mitigating factor that caused the injury. Selecting an attorney that has successfully litigated such cases to overcome an 'assumption of risk' defense is important. By working with an attorney that has solid experience with these cases, you can receive the compensation you deserve. Contact Cohn & Swartzon, P.C. at 888-444-1955 to discuss your case and help you with injuries and medical bills.
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.
According to a study by the AAA Foundation for Traffic Safety, driving while sleepy nearly triples your odds of getting into a car crash. The study also determined that drowsy drivers are actually as great a risk as speeders and even more dangerous than aggressive or inattentive drivers. Based on data collected by the National Highway Traffic Safety Administration, using video recorders and sensors, researchers determined that drowsiness was a contributing factor in one out of every five crashers or near crashes over the course of about a year. There are around 100,000 police-reported crashes each year according to government estimates, though the number of crashes that could be attributed to sleepiness may be well below the actual number because of the difficulty in determining whether sleepiness was a contributing factor. The most common times for sleep-deprived crashes occur between midnight and 6 a.m. and in mid-afternoon, when the body's natural rhythms tend to make people feel sleepier. Interestingly enough, experts say that rolling down a window and blasting music do not help much if you are really sleepy, and caffeine - which can help - takes a half hour to take effect. As you might expect, getting enough sleep or taking a nap is the best way to decrease your odds of being in a sleep-deprived crash. If you have been involved in an orange county accident as a result of a drowsy driver, call the attorneys of Cohn & Swartzon, P.C at 714-547-5100 to help.
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.
Did you know that most company health plans contain a provision that enables the company to recoup medical expenses paid to cover an treatment received as a result of any personal injury accidents if that person collects damages in an injury lawsuit. In one particularly sad case, Wal-Mart's health plan sued and won when it sued to recoup $470,000 it had paid for the medical treatment of a former employee. The employee was involved in a collision with a tractor-trailer that left her severely brain-damaged. She received a $700,000 settlement from the trucking company involved in the accident, and after legal and other fees and expenses, $417,000 was placed in a trust for her ongoing care. Instead, all of the money went back to Wal-Mart's health plan, leaving the victim and her family to rely on Medicaid and her Social Security payments to help keep up her a round-the-clock care for her injuries. Don't expect the practice to change anytime soon. Recent U.S. Supreme Court decisions have given health care plans and companies even greater leverage and a clearer legal map to suing employees to recover expenses for medical treatment. You need to make sure that you have an attorney that understands these issues and works to resolve them before you settle your lawsuit. The attorneys at Cohn & Swartzon, P.C. have the experience and know how to deal with insurance companies and health care plans to obtain the recovery 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 FailureThree 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 HiringAfter a driver who was struck from behind by an 18-wheel truck suffered brain damage, examination revealed that the t ruck 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.
A collision occurred early on the morning of August 21, 2009 at the intersection of Myford Road and Bryan Avenue in Tustin. According to a report by the Orange County Register, a Nissan SUV driven by Jong Chun was turning south onto Bryan Avenue from eastbound Myford Road when he was struck by a Toyota sedan. Mr. Chun's wife, Hae Chun, complained of pain in her chest following the incident. The driver of the Toyota sedan, an unknown woman, was taken to the hospital in an ambulance after being extricated from her vehicle. The unknown woman's condition has not yet been released. Whenever you have been involved in an accident, your best bet is to contact the attorney's at Cohn & Swartzon, P.C. at 888-444-1955 to help you through the process and obtain the recovery you deserve.
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