What Are Compensatory Damages in Orange County Personal Injury Cases?

The majority of Orange County personal injury injuries are called compensatory which means their purpose is to compensate the injured for the hardships they’ve endured as a result of the accident or injury.  The compensatory damages are used to restore the injured from a monetary perspective to a reasonable extent. It is calculating what the consequences of an accident yield to a dollar sign. This is relatively simple when it comes to property damage reimbursement or medical bills, but it can get much more complicated. Placing a monetary value on the hardships suffered and will continually suffer such as physical limitations from lingering accident-related injuries becomes difficult, to say the least. Click here to learn more about how a personal injury in Orange County.

Compensatory damages are further classified into the following categories:

Medical Treatment – A compensatory damage that typically covers medical bills necessary as a result of the accident. Reimbursement for treatment received and compensation for the projected cost of medical care you’ll receive in the future due to the incident.

Income – Compensation for lost wages are classified as income damages, they include lost salary and money you should be earning in the future had the incident not occurred. In technical terms; a damage award characterized as compensation for a victim’s loss of earnings.”

Property loss – Compensation for any vehicle, clothing, or item damage resulted from the accident. The reimbursement compensates based on the fair market value of the property lost or damaged.

Pain and suffering – You can also receive compensation for the pain and extreme discomfort suffered during and after the accident.

Emotional distress – Although typically associated with the most serious cases, emotional distress damages compensate a victim for the psychological influence resulted from the accident such as paranoia, anxiety, and insomnia. Emotional distress is sometimes categorized under pain and suffering damages in certain states to it’s important to know what California declares, visit here to learn more about California law.

Loss of enjoyment – Injuries can result in a loss of enjoyment from daily activities such as hobbies and exercise thus these damages are meant to compensate sufferers.

It’s never recommended to enter a legal court alone, you owe it to yourself to receive professional legal representation in a court where you’re assured there’s someone fighting for your legal rights. Guldjian Law will aggressively fight for your entitled legal compensation, contact Guldjian Law APC today.

What to do after a personal injury in Fullerton ca?

In today’s world, it is easier than ever to be involved in a slip and fall accident. Whether it’s in a local grocery store, a national big-box chain, or outside a local government building, slip and fall accidents can cause severe injuries. For some cases it may be a concussion, other accidents may lead to broken arms, broken legs, or back injuries. Whatever type of injury occurs, it’s imperative to consult an experienced personal injury lawyer with experience in these types of accidents. However, before speaking with an attorney, make sure you do the following things while still at the accident scene or soon afterward.

File an Accident Report
Whether your accident happens in the workplace or somewhere else, make sure an official accident report is completed. Within the report, make sure as many details as possible are included, since this can help you later on if you file a personal injury lawsuit. Once finished, make sure you get a copy of the report as well as contact information for witnesses and others who may be necessary for the case.

Beware of Insurance Companies
In many slip and fall accidents, victims often find themselves approached by representatives from insurance companies of those who may be at fault. When this happens, the sole purpose is to get the victim to admit fault or accept a settlement that does not begin to meet their needs. Rather than do this, remember never to speak with any insurance representatives before consulting with a personal injury lawyer. While insurance companies may sound as if they have your best interests at heart, the truth is they simply want to wrap up the case by giving victims little or no financial compensation for their injuries.

Gather Evidence
If at all possible, take pictures of where you had your accident. For example, if you fell on a slippery floor and no signs were warning of this in the area where you fell, these pictures could prove invaluable in proving your case. If you cannot take the pictures yourself, ask if someone nearby can do it for you.

Speak With an Attorney
As soon as possible after your accident, speak with an experienced Fullerton personal injury lawyer about your situation. In doing so, you’ll take the first step on the path to receiving compensation for injuries sustained due to the negligence of others.

Differences Between Compensatory and Punitive Damage Awards

When an individual is injured in a car, truck or motorcycle accident and someone else is at fault; that person can reasonably expect to be compensated for costs related to the injury. These costs can include medical bills, damaged property, lost wages and other practical expenses that result from the accident. Money awarded by the court for these types of expenses, through the process of a personal injury lawsuit, are called compensatory damages.

However, seriously or permanently injured accident victims may want to consider making a petition for punitive damages as well. This type of compensation is awarded when the person who caused the accident was grossly negligent in some way, for example, driving while under the influence of alcohol or drugs, and the victim experiences emotional pain and suffering as well as physical trauma.

Emotional pain and suffering awards can potentially be significantly larger than some compensatory damages, but many factors can affect the outcome and award amount. The definition of pain and suffering has a relatively limited scope, but can include permanent disability, disfigurement, loss of companionship or significantly reduced the quality of life.

In California, for an accident victim to be awarded punitive damages, certain standards must be met. For compensatory awards, the level of proof required to win a personal injury lawsuit is by a preponderance of the evidence. That means that if it can be shown that is more likely than not that the defendant caused the accident, then they will be found guilty and must pay the compensatory award amount set by the court.

For punitive damages to be awarded, it must be shown by clear and convincing evidence that the defendant not only caused the accident but also showed malice or careless disregard for the safety and welfare of others through their actions.

Even with these fairly standardized guidelines, personal injury cases involving motor vehicles can be quite complex. There are some other factors, beyond the level of proof required, that can affect the outcome.

An attorney who is familiar with and knowledgeable about the complex laws surrounding personal injury in California can help injured victims understand their rights and evaluate the viability of a cased based on the available evidence. That’s why an experienced and professional California personal injury lawyer from the law offices of Guldjian Law APC may be able to assist victims by providing information regarding resources that can help accident victims recover from the emotional fallout.

Sources: http://www.remappingdebate.org/california-civil-code-%C2%A7-3294-exemplary-damages-when-allowable-definitions

Burbank Personal Injury Attorneys Have You Covered

Vehicular accidents are commonplace in the are of Burbank California. In fact, thousands of them occur each year and unfortunately end in death. The people who do end up surviving these accidents are often riddled with severe injuries such as broken bones, burns, paralyses and deep emotional scars and mental images. The good news is that you can receive assistance with the aftermath of a vehicular accident by contacting a reliable personal injury lawyer in Burbank such as Guldjian Law. The attorney can help you put your life back on track after a devastating occurrence.

What Burbank Personal Injury Lawyers Cover

Vehicular accidents are the Burbank personal injury lawyer’s most frequently covered accidents. They can help with injuries from motorcycle accidents, bicycling accident, truck collisions, and car crashes. Burbank personal injury lawyers can cover a wide variety of accidents, not just vehicular accidents, however. Some other incidents that such attorneys cover are incidents such as slip-and-fall occurrences, dog bites, product liability, medical malpractice and the like. Personal injury attorneys are in business to care for anyone who has fallen victim to neglect.

What Personal Injury Lawyers Can Do

Burbank personal injury attorneys can take several roles. They can act as a person’s comforter and confidant at a time when that person feels weak about the incident. Personal injury lawyers can also request compensatory and punitive damages from the offender for the victim’s injuries. Compensatory funds compensate the individual for his or her medical bills, therapies, auto repair, work wages, household bills and the like. Punitive damages are additional funds that the judge might order upon someone who is extremely neglectful in an accident. For example, the judge may make a drunk driver pay extra money for the lack of concern that person displays for other people’s lives.

Contact a Burbank Attorney Today

You can contact a Burbank car accident attorney today and receive assistance in your time of trouble. Someone will schedule a free consultation for you. During the free consultation, you will provide some details to the attorney, and he will assess those details. He will offer you representation, and then you can draw a conclusion as to whether you would like the firm to represent you. Personal injury cases are usually no-risk cases, which means that you will lose nothing but gain everything by hiring an attorney to fight for you.

I Was Involved In A Orange County Motorcycle Accident – What Should I Do?

If you are involved in a motorcycle accident, you need to remember to do the correct things in case you need to go to court after the accident in the event of injuries and harm to yourself. Knowing what to do can make a huge difference if you need to make a filing.

Document Information About The Accident

An accident is a stressful time. Being in a motorcycle accident can be very scary, but it is important that you keep calm when it happens. You need to write down a description of how the accident took place and details are important. Note the time of day and where it happened. This is critical if the case would go to court. The lawyer will need to have this information to proceed with your case properly. The more detailed the information, the better because the lawyer will be able to develop the case around what you have written down.

Get All The Necessary Contact Numbers Of People That Were Involved

After being in an accident with a motorcycle, you should make sure that you get the other driver’s name, address, phone and insurance company information. This will all come in handy, especially if you have an injury. Receiving the settlement that you deserve is crucial. You will want to make sure that you have the information so that your lawyer can present in a court of law.

Enlist The Help Of An Experienced Lawyer

A good motorcycle accident attorney in Orange County is necessary especially if you have been injured. Make sure that you find one that is practiced in personal injury lawsuits so that you can recoup the amounts that are needed to if you have to file a lawsuit.

Recovering From Injuries

You want to keep track of all the expenses that you incur after your accident. If you need to go to the hospital, you will want documentation of this. Likewise for any amounts of money you lost from your work. This is all necessary for the court case, and an Orange County motorcycle accident lawyer will need the information.

You will be glad that you follow the tips above if you are in a motorcycle accident. It can make all the difference in the world when you receive monies that are due to you if you are injured.

What does an Los Angeles personal injury attorney do?

Personal injury law covers a wide variety of practice areas where compensation is sought for damages suffered by injured people as a result of the negligent or intentional acts of others. These types of cases most commonly include but aren’t limited to:

  • Car, truck or motorcycle accidents
  • Aviation, boat, train, bus or taxi accidents
  • Slip and fall and trip and fall injuries
  • Accidents involving dangerously defective products
  • Medical malpractice
  • Wrongful death

Our Los Angeles personal injury lawyers aren’t only restricted to actual physical injuries. A personal injury lawyer might also bring actions involving purely financial loss or injury to reputation like libel or slander. Although cases like those have different elements of proof, the same rules of civil procedure and evidence apply.

The accident consultation and evaluation

Personal injury lawyers are trained to identify certain pivotal issues in accident cases that might arise in the future. They’re not going to waste time and money pursuing an injury case if there isn’t a likelihood of financial recovery or if the recovery would be cost prohibitive. He or she will also determine whether the client might have been partially responsible for the accident since the percentage of negligence attributable to the client can be deducted from their total award. More than one person or entity can be responsible for a victim’s loss. The personal injury lawyer can identify who might be held accountable for an accident and injury.

After taking a case

Once a personal injury attorney accepts responsibility in a case, he or she will either make a claim on behalf of the client against the insurer of the person who caused the accident or file a lawsuit in court. Medical and employment records are obtained to support the allegations of damages. Statements from witnesses might be obtained, and if the case has been placed in a suit, it’s prepared as if it will be going to trial. Whether in the claims stage or court, settlement offers might eventually be made. Based on the attorney’s knowledge and experience, any offer will be recommended or not recommended to the client.

If you or a family member have been injured in an accident in or around Los Angeles, or if a family member has been killed in an accident, call Guldjian Law, APC right away at 1-800-385-4838, or use our online contact form. We’ll arrange for a free consultation and case evaluation.

Information on DUI Laws in Washington State

Like most states in America, Washington has strict laws dealing with driving under the influence (DUI) of alcohol or other intoxicants.  States are implementing tougher fines and penalties in an effort to

States are implementing tougher fines and penalties in an effort to discourage individuals from driving under the influence.  In 2012 there were 444 fatalities attributed to motor vehicle accident involving alcohol.

Even with focused efforts to increase the awareness of the impacts of DUI, and tougher Washington DUI laws, individuals continue to get behind the wheel after consuming too much alcohol or taking medications that greatly impair the ability to drive.

Often times individuals do not realize they are over the legal limit to drive a vehicle and they find themselves getting pulled over or stopped at a DUI checkpoint and arrested for DUI.

New technologies are being developed that allow individuals to quickly test their BAC (blood alcohol concentration) before they get behind the wheel.  The hope is that by making these personal BAC testing devices readily available to the public they will begin to test themselves and if they are over the legal limit to drive they will find another way to get home or wherever they are going.

Of course, even with these new technologies, stiffer DUI penalties and more awareness of the dangers of DUI, people will still get behind the wheel while being over the legal limit to drive.

Common DUI Questions:

RCW 46.61.504

(1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:

(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood made under RCW 46.61.506; or

(b) The person has, within two hours after being in actual physical control of a vehicle, a THC concentration of 5.00 or higher as shown by analysis of the person’s blood made under RCW 46.61.506; or

(c) While the person is under the influence of or affected by intoxicating liquor or any drug; or

(d) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state does not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.

(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person’s breath or blood to cause the defendant’s alcohol concentration to be 0.08 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant’s intent to assert the affirmative defense.

(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of marijuana after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person’s blood to cause the defendant’s THC concentration to be 5.00 or more within two hours after being in control of the vehicle. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant’s intent to assert the affirmative defense.

(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.

(b) Analyses of blood samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in control of the vehicle, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by marijuana in violation of subsection (1)(c) or (d) of this section.

(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.

(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:

(a) The person has four or more prior offenses within ten years as defined in RCW 46.61.5055; or

(b) The person has ever previously been convicted of:

(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);

(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);

(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or

(iv) A violation of this subsection (6) or RCW 46.61.502(6).

Bremerton DUI Victim Will Received $1.3 Million in Civil Settlement

26-year-old Andrew O’Brien was a victim of a fatal DUI accident that occurred September 10th of last year in Bremerton, Washington. He and a friend, Alana Kemppainen, were out celebrating at a bar that night when they decided to walk home instead of driving. As the two were walking home, they were hit by a drunk driver. The impact had killed Alana and severely injured Andrew, putting him into a coma for two months.

The drunk driver was identified as the lead singer of a well-known local band, Dan Krogman. He was arrested on suspicion of DUI the night of the accident. Authorities stated that Krogman had consumed two pints of beer and a few double shots of vodka. Krogman went on to say that he drove because “he felt that he was the least intoxicated person in the group.”

O’Brian has no recollection of the night of the accident. Andrew had to learn how to walk again because of the traumatic brain damage he sustained in the crash. O’Brian plans to participate in a Mothers Against Drunk Driving charity walk with Kemppainen’s family.

Drunk driving is not taken lightly in the state of Washington; Washington is well-known for it’s strict penalties and fines. If you have been arrested for DUI in Seattle and are in need of a DUI attorney, contact our dedicated attorneys at Dellino Law Group today.

San Bernardino Police Arrest Man Suspected of Hit-and-Run That Killed Young Boy

Jose Vasquez was arrested by San Bernardino Police Wednesday morning and is currently in jail awaiting trial for the hit-and-run resulting in the death of 2-year-old Jonathan Montes. California Highway Patrol officers stated that Jose Vasquez was driving through Perris Hill Road in San Bernardino going 40 mph in a 25 mph zone when he hit 2-year-old Jonathan who was playing outside in the street with his 5-year-old brother.

After Vasquez had hit Jonathan, he kept driving and didn’t stop to give aid to the young boy nor did he attempt to contact the authorities. Officials stated that Vasques was afraid and did not have a California driver’s license. Vasque has also been arrested in the past for prior drug offenses.

A neighborhood business surveillance video gave investigators some insight how the accident when down. Officers stated they could see the silver Toyota Echo that Vasquez was driving that evening.

County prosecutors will overview the case and decide if there is enough sufficient evidence to issue criminal charges against Vasquez.

It’s a tragedy that young Jonathan had his life taken from him, California drivers need to follow laws and pay attention when they are driving.  May if Vasquez was following the speed limit, 2-year-old Jonathan would still be here with us today.

If you or a loved one have been injured in car accident in San Bernardino County, contact our experienced San Bernardino car accident attorney today.

Chesterfield County Accident Leaves Man and Woman Injured

A collision involving two cars sent two people to the hospital Tuesday Evening in Colonial Heights.

The Chesterfield County accident occurred at 15928 Jefferson Davis Highway in a Family Dollar parking lot. According to Virginia Police, an elderly man who was driving a Chevrolet HHR experienced a medical occurrence that caused him to crash into three vehicles and hit a woman who happened to be walking in the parking lot.

Multiple witnesses said the Chevrolet collided with a Nissan Altima then a Honda CRV causing the CRV to hit the pedestrian in the Family Dollar parking lot.

A local witness, Trina Shaw, said she saw the entire incident unfold, and she is still in “shock.”

“He hit that car, and that car hit the woman. And it threw her up against the wall of the building,” she added.

The Chevrolet, after hitting the Honda, then hit a Jeep Patriot that was parked, causing the Jeep to collide through a gate and roll downhill and hit a wire to a Dominion poll, stopping vehicles before the car entered traffic on Jefferson Davis Highway.

“It happened so fast; I was hoping nobody was in that SUV,” Shaw shared. “He was looking crazy like something was wrong, so I knew it had to be something medically related.”

The elderly man driving the Chevrolet and the pedestrian hit by the Honda CRV were taken to the hospital with non-life-threatening injuries. It hasn’t been released whether victims will press charges; it is also unknown if the man shouldn’t have been driving under his condition or if he will be charged with any traffic violations in Chesterfield County.

Considering last year Virginia experienced 120,282 car crashes, it’s a miracle this three vehicle collision, pedestrian injury, and Highway stopping incident didn’t involve a death. Last year’s traffic injuries added up to over 63 thousand. That averages to two injuries per crash in Virginia’s 2014.