Lawyers.com Blog

Do All Personal Injury Cases Involve Personal Injury?

nospam@example.com (Maria Cavalluzzi) — Mon, 07 Mar 2011 10:43:38 -0500

Almost all personal injury cases involve physical injury. If you are in an accident and harmed as a result of the negligent action of another person, you may be able to file a personal injury lawsuit. However, sometimes, direct physical injury is not required to bring about a personal injury claim.

The zone of danger

In some cases, if an innocent bystander is in what is called the zone of danger, they may be able to file an emotional distress claim. The zone of danger is the area in which a person is in physical peril as a result of the negligent action of another person.

Negligent infliction of emotional distress

While not accepted by most United States jurisdictions, this form of personal injury is based on the idea that a person has a legal duty not to cause emotional distress to anyone else. If it is found that they negligently caused emotional distress, the victim may be owed monetary damages from the emotionally reckless individual.

The following may be considered examples of negligent infliction of emotional distress:

- A funeral home that improperly disposes of a body
- A family member who observes a child being hurt by the negligence of another person
- A family member who is falsely told that their child has been killed or hurt
- A defendant who knows the whereabouts of the plaintiffs child but refuses to disclose it

The majority of personal injury cases do in fact involve some form of physical personal injury. However, if you believe that you have been emotional hurt as the result of a negligently acting person, contact a personal injury lawyer in Los Angeles at Cavalluzzi & Cavalluzzi and you may be able to receive monetary compensation.

Cavalluzzi & Cavalluzzi
9200 W Sunset Blvd # 807
West Hollywood, CA 90069-3603
866-959-7304

Types of Injuries for Which We Can Help You

nospam@example.com (Maria Cavalluzzi) — Tue, 08 Feb 2011 11:46:43 -0500

Depending on whether or not another person is responsible for your injury, you may be able to seek legal help. Anyone who was negligent and caused you to become injured owes you compensation and you should not hesitate in hiring a personal injury lawyer in Los Angeles.
Some types of injuries for which we can help you include the following:

- Brain or head injuries: These types of injuries can be serious and can cause disability and severely disrupt your life. They can be the result of car accidents, motorcycle accidents, slips and falls, and numerous other accidents..

- Whiplash: Commonly caused by car accidents, this condition is usually temporary but can also cause long term pain. It affects the neck and upper back.

- Spinal and back injuries: Injuries to the spine or back can be serious and result in permanent disability or paralysis. Auto collisions and slips and falls are common causes.

- Burns: These injuries can range from minor to fatal. Minor burns heal quickly, but more severe burns can lead to serious tissue damage and disfigurement. They can be caused by many different circumstances including car accidents, defective products, faulty equipment, and hazardous chemicals.

- Breaks and fractures: Often caused by car accidents, broken bones usually result in limited mobility for a temporary amount of time. However, in some cases bones are so badly broken or pulverized that even after extraneous physical therapy and surgery, normal mobility never returns.

- Dog bites: Dogs can cause numerous injuries to the body including abrasions, lacerations, scars, infections, punctures, and nerve damage.

- Wrongful death: Any time a person dies as a result of the negligence of another person, you may be able to file a wrongful death suit.

If you have suffered any of the above injuries, call Cavalluzzi & Cavalluzzi immediately. We may be able to help you receive compensation for your suffering.

Cavalluzzi & Cavalluzzi
9200 W Sunset Blvd # 807
West Hollywood, CA 90069-3603
Los Angeles Auto Accident Lawyers

Mistakes that can Jeopardize Your Case

nospam@example.com (Maria Cavalluzzi) — Wed, 31 Mar 2010 13:31:57 -0400

Accidents are often shocking and many times the pain or confusion is overwhelming. You should immediately see a doctor. Some injuries like concussions or whiplash may not be visible and could get worse if left untreated. You should then contact a Los Angeles personal injury lawyer. In the aftermath of an accident, you should avoid mistakes such as the following that may damage your case:

Failure to seek medical attention: Not only will this have negative consequences on your case, but it may also affect your health. Having your injuries treated by a doctor will provide you with medical records to help support your claim.

Not following your doctors orders: After you have seen a doctor, listen to the advice you receive concerning your injuries or you may suffer further injuries that can damage your case.

Leaving out details: Tell your attorney everything about the accident, regardless of how minor or insignificant it may seem to you. Your attorney will only be able to work with the information that you provide.

Never lie to your attorney: Lying to your attorney is one of the worst mistakes you can make. This may severely damage your Los Angeles personal injury case.

Delay in seeing a lawyer: Seek legal advice as soon as possible. Never delay in speaking to lawyer because as time passes you may forget important details. Additionally, the statue of limitations may run out.

Never sign without a lawyer: Do not under any circumstances sign anything after the accident without your lawyer. You may be coerced into signing something and this can only damage your case.

Understanding How the Insurance Company Will Evaluate Your Case

nospam@example.com (Maria Cavalluzzi) — Tue, 03 Nov 2009 16:28:05 -0500

If you have been injured in an accident, your most likely first step will be to make a claim with the insurance company that insures the responsible party. If you are negotiating on your own with the insurance company to settle your case, it is helpful to understand the main factors that may motivate the insurance adjuster to pay you full and fair compensation for your injuries.

1. The insurance company is a corporate entity that strives to reduce costs and increase profits. The payment of your claim is a cost and the insurance company has trained its claims adjusters to make every effort to settle your claim for as low a number as possible. So, be prepared to prove to the insurance adjuster, with proper documentation, witnesses, or other evidence, the full value of your claim. And, be prepared for the insurance adjuster to make every effort to reduce that value. The insurance adjuster will only pay your claim if he or she believes that you would ultimately receive an equal or greater judgment if you proceeded to litigation.

2. If the car damage is minor, the adjuster will see your injuries as minor. While many of us understand that even a low impact auto accident can cause significant back, neck or other soft tissue injury and pain, or might re-injure a previously injured back or knee, insurance adjusters do not accept this notion. The adjuster will measure the pain you are expected (allowed) to experience by the amount of property damage to the cars involved. You will have to have medical records and billings that prove that the injury was caused by the accident and required significant medical treatment. Even if the medical records and bills are significant, expect the insurance adjuster to accuse you of “overtreating” for a minor soft tissue injury.

3. If you are injured, you seek medical treatment immediately. Often times we see individuals that believe the pain they are experiencing will go away with time, so, they ignore the pain and hope for the best. Unfortunately, it often occurs that untreated injuries become worse and cause greater pain, leading to a visit to a medical provider weeks after the incident, with complaints of pain. If there is a gap of more than a few days between the time of your accident and the time you sought treatment for your injuries, the insurance company will jump on that as evidence that you were not really injured in the accident, but some other intervening cause is responsible for your pain, or, the accident did not cause any injury and you are faking injury now in order to increase the value of your claim. Furthermore, if you stop attending to your injuries, because you lack the time or the resources to do it, the insurance company will argue that you must not have been feeling pain because you did not continue treatment. Also, they can argue that you caused additional damages to yourself by not following up with medical providers and therefore it is your own lack of care that resulted in your continued pain. It is important that you seek medical attention immediately after any accident and carefully explain to the medical provider all of the pain you are experiencing. Leave nothing out. Finally, if you do not seek medical treatment, no insurance adjuster will give any value to your pain and suffering.

4. If you have lost earnings, you must have documented proof of previous earnings and evidence that your inability to work due to the injury resulted in a loss of earnings. Be prepared to provide check stubs and possibly time sheets or other work attendance records to the insurance adjuster to prove your lost earnings claim. If you work for a company that pays you sick leave, you are still entitled to the value of the sick days you had to use when you could not work. If you are self employed, be prepared to provide profit and loss sheets or tax returns to prove a change in your income from before the accident to after the accident.

5. Finally, the most motivating threat to the insurance adjuster is the threat that you will file a lawsuit and obtain a judgment of damages that is greater than the settlement amount offered by the adjuster. A claimant who is negotiating without an Los Angeles auto accident attorney will pose no such threat to the insurance adjuster. If your case is relatively small, and you keep the above pointers in mind, you may be able to obtain a reasonable settlement. However, insurance companies to not go around handing out $100,000 settlements to people who ask nicely. The fact remains that the best way to ensure maximum recovery is to retain an experienced Los Angeles automobile accident law firm who represents an actual threat to the insurance company.

When to Settle Your Personal Injury or Car Accident Case

nospam@example.com (Maria Cavalluzzi) — Thu, 08 Oct 2009 16:32:12 -0400

Statistics show that personal injury plaintiffs who enter into settlement agreements are more likely to end up with more money in their pockets than those who pursue a personal injury case all the way through trial. Approximately 60% of the time, the plaintiff would have been better off had they accepted the last offer of the defendant rather than proceeding to trial. There are various reasons for this, including the increase in attorney fees and costs when a matter proceeds all the way through trial, as well as the possibility that the plaintiff has overvalued his or her case.

However, the question remains, at what stage of the process should you enter into serious negotiations in order to maximize your settlement proceeds? Or, when is trial the only possible avenue to take in order for the plaintiff to receive full and fair compensation?

We can take a typical auto accident case. When liability is clear, it is very likely an insurance adjuster will make an offer very early on in order to try and settle the matter for less than its true value. This is especially true when the party making a claim is not represented by an attorney. The adjuster will see the lack of representation as an opportunity to make a “lowball” offer, in the hopes that it will be accepted. At the very least, consult with an attorney before accepting such an offer. Most auto accident attorneys in Los Angeles will offer free consultations for any personal injury or auto accident case. You do not want to jump on an early offer only to find out later that your injuries persist and you have not received full and fair compensation.

When, as in most cases, you are dealing with an insurance company adjuster, that adjuster will have to be convinced that your case has value. A good personal injury and auto accident attorney will thoroughly investigate your case, gather all the appropriate medical evidence and loss of earnings documentation and obtain expert consultations when called for, which will be used to persuade the insurance adjuster to pay the appropriate settlement amount. The attorney will try and provide the adjuster with much of this information prior to initiating litigation. The attorney should also understand all legal issues and possible strengths and weaknesses of the plaintiff’s case. Then there will be negotiations between the plaintiff’s attorney and the adjuster in an effort to settle the matter prior to litigation.

In many cases, the plaintiff will have to begin the process of litigation before a full and fair settlement can be reached. Once a lawsuit is filed, attorneys for both sides will begin the vigorous process of discovery and continued investigation and consultation with experts. Once both sides have had the opportunity to fully evaluate the case, entering into mediation is an excellent tool for obtaining a fair settlement. The process of mediation results in most personal injury and auto accident cases settling short of trial, sparing the parties the expense, stress, anxiety and risk of proceeding all the way through a jury trial.

When issues of liability and damages remain hotly contested, and the parties reach an impasse, jury trial becomes the only way to finally resolve the matter. In those 40% of cases where the plaintiff ends up with a better result after trial, it is most likely that the plaintiff gave the defense every opportunity to fully and fairly evaluate the case and pay the compensation to which plaintiff was entitled, and the defendant was simply unreasonable.

In conclusion, a personal injury or auto accident case should not settle until it is “ripe” for settlement. Plaintiff’s settlement proceeds are maximized when plaintiff’s Los Angeles auto accident attorney is fully prepared to present evidence and legal arguments to the defendant and/or the insurance adjuster that will convince that adjuster the called for settlement amount.

What to Do if You Are the Victim of a Dog Bite

nospam@example.com (Maria Cavalluzzi) — Wed, 23 Sep 2009 15:06:18 -0400

A DOG CAN BE A VICIOUS AND DANGEROUS ANIMAL WHOSE OWNER WILL BE LIABLE FOR ANY AND ALL DOG BITES INFLICTED ON ANY PERSON (IN THE STATE OF CALIFORNIA)

A dog is a man’s best friend. Many families have a loving and loyal dog that they consider part of their family. So many of us love our dogs, but we must also remember to take proper care of them, train and socialize them well, and take care that a loved one does not become the victim of a serious dog bite.

The State of California imposes Strict Liability on dog bite owners pursuant to the California Dog Bite Statute, California Civil Code §3342. This means the dog’s owner is liable for any dog bite inflicted by their dog whether on or off their property and whether or not the dog has ever been known to bite, or otherwise exhibit vicious or aggressive behavior. Thus, the so called “one free bite” rule does not apply in the State of California.

Defenses to this strict liability include 1.) That the victim was trespassing, 2.) That the victim provoked the dog, and, 3.) That the victim’s own negligence contributed to the dog bite occurrence. These defenses will be advanced by the dog owner and his insurance company every chance they get, even when the defenses do not apply. Beware of this effort to BLAME THE DOG BITE VICTIM. Walking up to someone’s front door or gate with a lawful purpose is not trespassing. Making a sudden movement is not provocation.

Attorneys Maria Cavaluzzi and Adam Silverstein are equipped and ready to advance the most successful legal arguments to insure that the clients of Cavalluzzi & Cavalluzzi are justly compensated for serious dog bite injuries.

For a list of What to Do if You Are the Victim of a Dog Bite, please visit our website at lawyersonsunset.com. Article provided by Personal Injury and auto accident attorney in Los Anegeles, Maria Cavalluzzi, AKA Maria Cavaluzzi.

Your Legal Rights and Remedies When you are Hit by a Drunk Driver

nospam@example.com (Maria Cavalluzzi) — Wed, 16 Sep 2009 09:24:30 -0400

According to a 2008 report by the National Highway Traffic Safety Administration, an estimated 12,998 people were killed in one year in crashes where a vehicle operator had a blood alcohol concentration (BAC) of .08 or higher. While many people are getting the message that if you drink and drive, you will be caught, you will be arrested and you will go to jail, a significant number of alcohol related accidents continue to occur.

If you should find yourself a victim of one of these drunk drivers, and you have, thankfully, survived the accident, you should be aware of the legal remedies available to you as well as your rights as a victim of this crime.

What to do

If you have been in an accident and you suspect the other driver was under the influence of alcohol or drugs, notify local law enforcement immediately to let them know of your suspicion as well as to report the incident. Advise law enforcement of all observations you have made which lead you to the conclusion that the driver is under the influence of alcohol or drugs. Obtain a name and contact information of the investigating officer, this will allow you to follow up on the criminal investigation of the matter as well as to obtain a traffic accident report.

As always, report the accident to your insurance company and obtain the insurance information of the drunk driver.

If your injuries are serious enough to prevent you from any of the above, you will most likely be contacted by a law enforcement officer either in the hospital or at home.

Civil Lawsuit

The drunk driver of the vehicle that hit you is liable for all damages suffered by you. This includes all medical bills, lost wages due to inability to work, pain and suffering, emotional distress, future pain and suffering, future medical expenses etc. Furthermore, the drunk driver may also be required to pay punitive damages. Punitive damages are designed to punish an individual by making them pay additional moneys that go above and beyond the actual damages suffered by the person injured. Any civil lawsuit filed must allege the willful act of drunk driving, committed with reckless disregard for the lives of others, which led to the injuries. The lawsuit must also demand punitive damages.

Criminal Charges

When you are hit by a drunk driver you become the victim in a criminal case. As the victim, you are entitled to payment of restitution. The judge will require the defendant in a drunk driving case to pay directly to the victim any and all economic damages sustained. You will thus be entitled, through the criminal prosecution of the defendant, to receive payment for any and all out of pocket damages suffered by you, including lost wages. Be prepared to provide the prosecutor of the criminal case, along with the judge, with receipts for all expenses you have incurred, including car rental expenses, insurance deductibles, damaged clothing or other lost items, and anything else you can think of that represents a cost incurred by you as a result of being hit by the drunk driver defendant. Keep in mind that you cannot recover the same damages twice, so the damages received through the criminal case cannot be obtained again through the civil case. However, the criminal case may resolve more quickly and thus allow you to obtain those moneys more quickly. You will still want to pursue the civil lawsuit for damages related to pain and suffering and for punitive damages. Also, if you retain an attorney to represent you in a civil lawsuit against the drunk driver, you may be entitled to receive restitution payments for some or all of the attorney fees incurred by you in the civil lawsuit. Most likely, any attorney you retain will accept your case on a contingency fee basis, which means you will PAY NOTHING UP FRONT, but the attorneys fees will be deducted from the settlement of the civil lawsuit. You may still be entitled to additional restitution for some or all of those attorney fees ultimately paid out of your settlement.

Retain a Los Angeles car accident lawyer with experience in both pursuing your civil remedies and protecting your rights as a crime victim, and you will relieve yourself of the stress of juggling these various claims.

The Los Angeles auto accident attorneys at Cavalluzzi & Cavalluzzi have the necessary experience in protecting victims of drunk driving accidents, and they will aggressively pursue all of your rights and remedies as outlined above. Contact us at 310-246-2601, or visit our website at lawyersonsunset.com.

Do you have Uninsured Motorist Coverage?

nospam@example.com (Maria Cavalluzzi) — Wed, 02 Sep 2009 13:39:43 -0400

With so many uninsured driver’s on the roads, Uninsured and Underinsured Motorist Coverage should be an essential element of your car insurance policy. As careful as you are as a driver, you are exposed every day to negligent, careless and even reckless driver’s who may be uninsured, or, if they are insured, they have a minimum $15,000/$30,000 policy that will NOT provide you with adequate coverage if and when you are involved in a medium to high impact car accident with one of these underinsured motorists. As an individual, you will only be entitled to the other driver’s insurance policy limits of $15,000, unless your own policy provides you with additional coverage. And, should your family or friends be in the car with you, you will all come up short.

Be prepared. Make sure your own policy provides you with uninsured motorist coverage in amounts greater than the minimum required by law. As an experienced Los Angeles auto accident attorney, I would suggest a policy that provides at least $100,000 per person and $300,000 per accident in personal injury coverage. That way, should you be hit by one of these reckless driver’s whose policy is insufficient to cover serious injury, you know you will be covered by your own insurance policy. Once you have a car insurance policy, the additional cost to add uninsured and underinsured motorist coverage is minimal and well worth it.

Article provided by Los Angeles auto accident lawyer Maria Cavalluzzi. Call 866-959-7304 for legal help with a car accident in Los Angeles