2 Local Fullerton Police Officers Charged With Murder

September 21, 2011 By

Kelly Thomas Murder CaseI was down at the courthouse today when Orange County prosecutors announced the filing of second-degree murder charges against two Fullerton police officers. If memory serves me correctly, this may be the first time that Orange County prosecutors have charged an on-duty police officer with murder.

It is alleged that before the lethal beating of Kelly Thomas, one of the officer’s said, “These fists are ready to F you up.” A second officer is also being accused of smashing the victim in the face with a Tazer.

Officer Manuel Ramos is charged with second-degree murder and involuntary manslaughter and if convicted, faces up to 15 years to life in prison. Cpl. Jay Cicinelli is charged with involuntary manslaughter and use of excessive force. Those charges carry a maximum sentence of four years in prison.

More about the Orange County Kelly Thomas murder case here…

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Mitch is Named 2011 “California Super Lawyer”

September 9, 2011 By

Jon Mitchell Jackson 2011 Super Lawyer
Jon Mitchell “Mitch” Jackson has been named to the 2011 California Super Lawyers list as one of the top attorneys in California for 2011. No more than 5 percent of the lawyers in the state are selected by Super Lawyers.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers an independent research evaluation of candidates, and peer reviews by practice area.

To learn more about Mitch and his partner, Lisa Wilson, please visit their profiles, awards and recognition pages.

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California Supreme Court Disappoints Consumers

August 23, 2011 By

Howell case harms consumers

 

High Court Sided Against Consumer Rights in Deciding Howell Case

 

SACRAMENTO (Aug. 18, 2011) – Consumer Attorneys of California President John Montevideo expressed disappointment today over the state Supreme Court’s decision impacting the long-standing legal practice of allowing injury victims to collect damages for the full value of their medical care instead of seeing an award slashed because they carry health insurance.

The court’s decision in Howell v. Hamilton Meats & Provisions Inc. redefines what has been a standard of law in California since the 19th Century and remains the benchmark in nearly every other state.

“This is a setback for consumer rights in California,” Montevideo said. “It favors big business and big insurance over regular people.” The losers are the thousands of auto accident and other injury victims in California. The major beneficiaries are those defendants and liability insurance companies.

The fight came to a head with the case of Rebecca Howell. A former school teacher and professional surfer, Howell was struck by a Hamilton Meats truck after its driver made an illegal U-turn. The accident caused a severe back injury that left Howell unable to work.

After two spinal surgeries, Howell’s medical bills totaled nearly $190,000. Like every patient, Howell was legally responsible for the full cost of her care under California law. Howell was fortunate in having medical insurance that paid for her care.

Hamilton Meats’ insurance attorney convinced a San Diego County Superior Court judge to cut the medical damages portion of the award to less than $60,000 after arguing that the hospitals that had treated Howell had received only that actual cash amount. The rest of the bills were offset by contractual credits negotiated between the hospitals and insurance company that covered Howell.

As a result, Hamilton Meats’ liability insurance company saw the cost of the case reduced by roughly $130,000.

Montevideo said CAOC will continue to access the Supreme Court’s 45-page decision in a search for ways to counter any fallout for consumers.

“Bottom line, we will continue to fight for the rights of victims,” Montevideo said. “Setbacks like Howell, whether perceived or real, only strengthen our resolve.”


Click here to read the Howell case…

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Consumer Attorneys of California is a professional organization for nearly 3,000 plaintiffs’ attorneys representing consumers who utilize the civil justice system to seek accountability against wrongdoers in cases involving personal injury, product liability, environmental degradation and other causes.

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Orange County Dog Bites and Dog Attacks. Have You Been Bitten By a Vicious Dog?

August 17, 2011 By

Dog bite attorney in Orange County CaliforniaMost people are not aware of the fact that each year across Orange County and the United States, close to 5,000,000 people are bitten or attacked by dogs. Of these dog bite victims, about 340,000 require emergency treatment and result in more than 1,000 dog bite hospital emergency room visits each day. Tragically, about 20 of these dog attacks result in loss of human life.

Most dog bite victims are children who are bitten or attacked in their face and hands. Because you never know what the disposition of a dog is, it’s usually best to first talk to a dog owner before ever approaching and petting a dog. Children should be taught to approach dogs slowly and to allow the dog to get comfortable with him or her before trying to pet the animal.

When you really think about all of the unknowns, it’s probably best to avoid strange dogs altogether. The fact of the matter is that because we’ve handled so many disfiguring and life changing dog bite cases over the years, we think it’s smart to simply avoid putting yourself or child in a location or position that might result in a dog bite or attack. Dogs are animals and you just never know what they are going to do.

Dangerous and Vicious Dogs

According to Orange County Animal Care (OCAC), a dog can be determined to be dangerous or vicious if it behaves in any of the follow three ways:

First, if unprovoked, it engages in any behavior that requires a person to take defensive action to avoid bodily injury. The behavior must happen on two separate occasions with the prior 36-month period and it doesn’t matter if the behavior happens on or off the dog owner’s property.

Second, if the dog bites a person while unprovoked and causes an injury less severe than a “severe injury”.

Third, if the dog, when unprovoked, kills or seriously injures a domestic animal, horse or livestock.

Under California law, a “vicious” dog means

(1) any dog used and seized as a “fighting animal” under Penal Code 599a;

(2) Any dog, which unprovoked and in an aggressive manner, causes severe injury or death to a human being. Again, it doesn’t matter if the behavior happens on or off the owner’s property;

(3) Any dog previously determined to be a potentially dangerous dog that continues to act as a potentially dangerous dog. If certain restrictions were previously placed on a potentially dangerous dog and those restrictions are violated by the owner, then the dog can be determined to be a dangerous and vicious dog.

 

Keep in mind that there are certain commons sense exceptions to the above guidelines and rules. For example, if someone is trespassing on to your property or breaking in to your house and your dog attacks, then your dog would not be deemed to have acted as a dangerous or vicious dog.

dog bite lawyer in orange county ca

In most California dog bite cases, a victim does not need to show that the dog owner was negligent or careless. In fact, pursuant to California Civil Code §3342, the owner of a dog is “strictly liable” for all dog bite related injuries and harm. Other California codes and court cases expand liability to include being knocked down by a dog while standing, walking or even riding a bike.

 

Over the years, we’ve represented dog bite victims who have been bitten in their faces, hands, chest and ankles. We helped clients who have lost fingers, parts of their hand, toes and even an ear to dog attacks.  The above is a trial exhibit of a 15 month old boy who was bitten in the face by a neighbor’s dog.  After being attached, his mother reached down to pull the dog off of her son.  The dog turned, grabbed the mother by the throat, and also took her to the ground.

We were able to successfully help these clients and to this day, still stay in touch.  We’d like to think that we’ve done a good job for our dog bite clients. Hopefully, their testimonials and posted case results speak for themselves.

When handling serious dog bite cases, there’s a right and wrong way to maximize the results. Call us and we’ll be happy to take the time to explain the difference. We’ve been helping Orange County dog bite victims since 1986 and chances are, we can help you to.

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Orange County lawyer Youtube videosVideo- Dog bites client’s finger off!

Video- Dog Bite Cases- Trial exhibits and maximizing your settlement or verdict

Video- Dog Bite Cases- Our message to dog owners

Click here to watch more dog bite related videos on our Youtube Channel

 

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Large Truck Collides With Clients’ Van. Retired Police Officer and Wife are Killed. Three Children Survive. Here’s their story…

August 10, 2011 By

A true story about one of our very sad wrongful death cases…

The family was on their way up to Big Bear to go skiing. Although it was raining in Orange County, they knew that fresh snow would be waiting for them at Snow Summit ski resort.

Unfortunately, they never made it. Here are the details about how we were able to help the three surviving children [transcript of case here]…

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“Street Fighter of the Year” Nomination

August 1, 2011 By

Orange County personal injury and wrongful death lawyersMitch was recently nominated for the 2011 Consumer Attorneys of California’s “Street Fighter of the Year Award. This award is designed to highlight work done by a plaintiff’s lawyer who has litigated a case that creates a more just society, regardless of personal benefit or financial gain.

Mitch Jackson and Lisa Wilson are Orange County California personal injury and wrongful death lawyers- accidents, motorcycle accidents and large truck accidentsFor the past two decades, Lisa and Mitch have been active and proud members of the Consumer Attorneys of California (CAOC). For those of you not familiar with this organization, it’s mission is to seek justice for all by:

  • Preserving and protecting the constitutional right to trial by jury for all consumers and championing the cause of those who deserve redress for injury to person or property and resisting efforts to curtail the rights of such injured persons;
  • Encouraging and promoting changes to California law by legislative, initiative or court action, opposing injustice in existing or contemplated legislation, and seeking to correct harsh, unjust and oppressive legislation or judicial decisions;
  • Advancing the common law and promoting the public good through the civil justice system and concerted efforts to secure safe products, a safe workplace, a clean environment, and quality health care;
  • Upholding the honor, integrity and dignity of the legal profession by encouraging mutual support and cooperation among members and promoting the highest standards of professional conduct; and
  • Inspiring excellence in advocacy and advancing the finest traditions of jurisprudence through training, education and scholarship.

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Woman Attacks Client and Murders Son…

July 28, 2011 By

“Our client awoke in the middle of the night. His throat had just been slashed. When he opened his eyes he saw a woman was straddling him with her hands raised above her head and holding a large kitchen knife. She screamed and her hands came down stabbing him again. Survival instincts kicked in and our client threw the woman to the side and rolled off the bed…”

In this video, Mitch talks about a very sad case his firm was retained to handle. You’ll hear more about how lives were forever changed because of this criminal’s wrongful conduct. You’ll also learn how the murder prosecution in the criminal case was handled at the same time as our civil wrongful death case…

Other Blog Post- California Wrongful Death Cases- rights, remedies and damages…

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Case Summary- Wrongful Death Jet Ski Jury Trial Verdict

July 27, 2011 By

This video is about a family who lost their 16 year old son in a catastrophic wrongful death case. In the video, we share the facts of this tragedy with you and also walk you through the litigation and jury trial process. After you listen to and watch the video, we think you’ll have a new appreciation for the reality of what it takes for a client and lawyer to successfully handle a civil wrongful death case.

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Watch This Video To Learn 5 Ways To Protect Your Legal Rights

July 13, 2011 By

In this short video, Mitch explains 5 things you need to know and do in almost every personal injury and wrongful death case.

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Having the RIGHT Lawyer May Help You INCREASE Your Recovery by 300%

May 31, 2011 By

Orange County wrongful death and personal injury victims can increase their settlement by hiring a good lawyer or attorneyAccording to the National Council of Insurance Institute, personal injury and wrongful death claimants who hire experienced lawyers may receive 300% higher settlements. In our experience, this number may actually be substantially more.

Please note that each case is different and past results do not guarantee what will or will not happen with your case. Having said that, here are just a few of the cases that we’ve handled over the past 25 years where we were able to substantially increase the full value of the outcome.

Wrongful Death- Clients were offered an insulting figure of $1 to settle their case. We took the case to trial and obtained a gross jury trial verdict of $1,250,000.

Wrongful Death- Clients were told there was no liability and thus, no settlement offer. We were retained and obtained a $1,000,000 settlement.

Wrongful Death- Clients were told there was no liability and no settlement offers would be made. We were retained and obtained a gross jury trial verdict of $5,500,000.

Auto Accident- Insurance company only offered “policy” of $30,000. We obtained a final settlement of $3,347,000.00.

Motorcycle Accident- Other side’s insurance company refused to make an offer. At pre-trial mediation we were able to settle the case for $1,200,000.

Drowning Wrongful Death- Defense attorneys stated in open court and on the record that their client had no liability. They were wrong and one year later and just before trial we settled the case for $900,000.

Auto Accident- Driver runs red light- Other side’s insurance company said our client ran the red light. We obtained a judgment for our client in the amount of $2,759,852.

Dog Bite- Defendant dog owner said the dog attack was our client’s fault. His insurance company initially refused to accept liability. Case settled shortly before trial for $500,000.

Automobile Wrongful Death- Insurance company for other side originally denied fault or responsibility. It later argued there was only $100,000 available to settle the case. One week before trial we “convinced” the insurance carrier that in fact there was $1,000,000 in coverage and they paid it.

Dozens of More Cases Over the Past 25 Years- Since 1986, we’ve handled thousands of personal injury cases. In several dozens of these cases, we’ve been able to help injured consumers who were offered low settlements of $2,500 to $6,000, eventually receive settlements of $30,000 to $120,000 after we were retained and stepped in to help them with their claim.

Wrongful Death Lawyer in Orange County CaliforniaOur secret to success is to work as hard as we can to make sure the other side follows the law. It takes a great deal of work and effort but in all of the cases it is well worth it. We enjoy helping people and we would enjoy the opportunity to help you too!

Give us a call and let’s talk!

 

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More case results, testimonials and awards…

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50 Years of Protecting Consumer Rights…

April 27, 2011 By

Consumer Attorneys of California- 50 Years of protecting consumer rights

Orange County consumer attorneys50 years ago the California Trial Lawyers Association was born. Over time, the organization grew and ultimately became the Consumer Attorneys of California.

We’ve been active and proud members of the CAOC for at least two decades and maybe longer (time sure does fly). It’s an organization of more than 3,000 attorneys who represent plaintiffs/consumers and who seek responsibility from wrongdoers…

  • Consumers injured or killed by defective products or drugs;
  • People who suffer discrimination because of age, gender, disability or race;
  • Those injured or killed because of another’s negligent acts;
  • Citizens whose civil rights have been violated;
  • Workers who have been fired unjustly or injured on the job;
  • Investors and others wronged by financial institutions (including failed savings and loans);
  • Insureds whose lives fall apart when an insurance company acts in bad faith and in violation of its own contract;
  • Patients who have been damaged personally and financially by negligent professionals.

We believe that injured consumers need to know that in most instances, the person the CAOC member represents faces an opponent with far more power and access to resources: polluters, governments, big corporations, insurance companies, automobile manufacturers, and banks. CAOC members take cases they view as worthy, invest their own resources in developing and taking such cases to court, often over a several year period, and are paid only from those cases which are successful.

Here’s what CAOC has done for California consumers over the past 50 years…

1. Statute of limitations increased from one year to two.
2. 75 days instead of 28 for notice of a motion for summary judgment.
3. The ability to make 998 offers with pre-judgment interest.
4. The applicability of 998 offers to arbitration proceedings.
5. The Homeowner’s Bill of Insurance Rights.
6. Clarified that anti-SLAPP statute does not apply to big defendants seeking protection.
7. The delayed discovery statute for toxic tortes.
8. Employer liability for non-employee harassment.
9. Ethics and disclosure standards for arbitrators.
10. Prohibition on secret settlements in elder abuse cases.
11. Codification of the peculiar risk doctrine.
12. The right to sue an HMO.
13. The right to sue for age discrimination, overturning Marks v. Loral.
14. Attorney advertising standards.
15. An extension of the statute of limitations for Dalkon Shield claims.
16. The exclusion of the fraudulent failure to disclose policy limits from the litigation privilege, overturning California Dredging.
17. Court authorization procedures for special needs trusts.
18. The Trial Court Delay Reduction Act.
19. A special statute of limitations for asbestos cases.
20. The revival of a cause of action brought for childhood sexual abuse.
21. Three words: Expedited jury trials.
22. Three more words: Standardized electronic discovery.
23. Improved consumer protections for structured settlement purchases.
24. Nation’s first rules requiring reporting on medical radiation overexposure.
25. The social host absolute immunity is now a qualified immunity.
26. The delay reduction rules no longer require severance of unnamed Does prior to conclusion of the introduction of evidence at trial.
27. Amendments to the Welfare and Institutions Code to provide equitable guideposts for resolving Medi-Cal liens.
28. Procedures to address disability access claims.
29. Prevented extension of $250,000 MICRA medical malpractice damages cap to non-economic damages in all personal injury cases.
30. Defeated no-fault auto insurance.
31. Defeated initiatives to limit contingency fees.
32. Defeated initiatives to limit punitive damages.
33. Defeated initiatives to limit class actions.
34. Defeated initiatives limiting right to sue over construction defects.
35. Defeated initiatives to restrict disability access claims
36. Defeated proposals to impose “loser pay” provisions in California.
37. CAOC bills in 2011 would delete off-sets for drivers who purchase uninsured motorist coverage.
38. Change the standard of proof in elder abuse cases to a preponderance of the evidence.
39. Address pre-dispute binding arbitration agreements by changing the standard after a successful motion to compel.
40. Address arbitrary judicial limits on voire dire.
41. Ongoing efforts to ensure the courts are open and justice can be served.
42. Work to elect legislators who see the impact MICRA has on patients who have been injured by medical negligence.
43. Interview and assess each primary candidate in each legislative district.
44. Make strategic decisions as to which candidates to support.
45. Provide financial backing for candidates who believe in consumers and not corporations.
46. Legislative candidates we backed won 19 out of 20 elections in 2010.
47. Helped reduce the number of “Business Democrats” serving in the Legislature.
48. An unmatched record of electoral success, even when opponents spend up to four times as much.
49. Continually a thorn in the side of CJAC, CALA and other capitol tort “reform” vigilantes.
50. Offer terrific on-going education, membership benefits, communications and other services to members.

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Orange County accident and injury lawyers helping accident victims for 25 years

Have a question?  Need help with a personal injury or wrongful death case?  Need a good trial lawyer?  We’re standing by to help. Give us a call today!

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Comfort Zone Camp, Grief, and Young Adults Experiencing the Death of a Loved One

April 20, 2011 By

At this morning’s Rotary meeting, a very moving presentation was given by Courtney D’Amico of the Comfort Zone Camp. What’s really cool about Comfort Zone Camp is that it truly transforms the lives of children and young adults ages 7-17 who have experienced the death of a parent, sibling, or primary caregiver. The free camps include confidence building programs and age-based support groups that break the emotional isolation grief often brings.

The reason Courtney’s talk and video touched me this morning is that I spent most of the day yesterday working on a very sad wrongful death case and also wrote and posted a detailed blog post about the rights of victims of wrongful death in Orange County, California.

From a legal perspective, we’ve always been able to do a very good job assisting families experiencing wrongful death. We have always been able to make sure our wrongful death victims are properly compensated by the responsible party. Frankly, we’re very good at handling the “legal” aspect of a wrongful death case.

But what about the non-legal aspect of such a loss? Who helps take care of the physical and emotional needs of children and young adults who have experienced a loss?

I guess what really struck me this morning is the lack of support for children and young adults who experience the death of a loved one. Who can they turn to for support and guidance? Who’s shoulder can they rest their head on when times get tough and emotions get raw?

Another reason I was impressed with Comfort Zone Camp is that it provides grieving children with a voice, a place and a community in which to heal, grow and lead more fulfilling lives. And that’s exactly what they need.

The videos at their web site will touch you in a deep and personal way. I know they brought tears to my eyes.

My law firm will be actively sharing this resource with our wrongful death clients and, any other families who could benefit from the Comfort Zone Camp services. I hope you do too.

I strongly urge you to visit Comfort Zone Camp’s web site at http://www.comfortzonecamp.org/ and get involved. Watch the videos (I’ve posted my favorite here on our site) and checkout their online scrapbook. Volunteer if you can. Donate if you can.

In closing, I’d like to share a poem found on their brochure…

“…It’s OK to remember
As we go our way
All the colors of the rainbow
Go with you every day
Here within this circle
That we call our own
It’s OK to remember
Cause you are not along…”

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100+ Things We Do For Our Clients…

March 28, 2011 By

California wrongful death lawyers use checklist to protect clients legal rightsMost people are not really aware of all the things we do to help protect our client’s interest.  With this in mind, we want to share the following with you.

First, after we meet with you and are hired (normally on a contingency fee basis), there are many things we do to protect your interest and get your case ready for settlement, mediation, arbitration or trial.  Although listed in bullet-point fashion, one or more of the following items are usually done together with some items dependent upon another.

This list is by no means all inclusive and not every step is required to be done in every case.  Also, please keep in mind that certain steps– law firm “insider secrets”– are purposefully excluded.  Even so, we hope this list gives you some idea of what we bring to the table and can do for you.

Accident or Collision Cases

  • Assist you with getting quality medical care, treatment or surgery (your doctor or we can recommend well respected experts in the community)
  • Immediately help with any pressing family/collision related issues
  • Determine correct defendants and theories of liability- research law and causes of action
  • Coordinate all medical bills paid by health insurance and/or automobile med pay
  • Coordinate medical liens if necessary (doctors are paid at end of case- no out of pocket expenses for you)
  • Obtain traffic collision report
  • Notify all interested parties by telephone and in writing of our legal representation of you
  • Have investigator interview all drivers and witnesses either in person or by phone depending on the facts and issues
  • Have investigator obtain declarations, under oath, of important witnesses
  • Send letter/telephone each driver- send registered owner 5 page questionnaire asking for their version of the facts
  • Send a declaration to the “at fault” driver asking him or her to admit responsibility for the accident
  • Send letter/telephone to each driver and registered owner asking for full declaration re disclosure of all insurance coverage such as auto, homeowner, umbrella…
  • Send letter/telephone all insurance companies and claim adjusters representing each driver and owner
  • Depending on the type of case, request specific documents, items and things from other side’s insurance company (auto, motorcycle, large truck, train, plane, premises liability, professional malpractice, dog bite, brain injury, paralysis, burn, assault, battery or wrongful death- detailed list of items are used for each different type of case)
  • Make formal demand to preserve all evidence
  • Determine if any of the drivers were operating their vehicle while in the scope and course of employment (company may also be liable and additional insurance/assets may be available)
  • Send letter/telephone to each witness with 4 page questionnaire asking for detailed description of what they observed
  • Send letter to the DMV reporting the accident pursuant to California law (SR1 report)
  • Send letter to the DMV requesting disclosure of insurance information on other driver (SR19 report)
  • Investigate scene of collision (pictures/videos of intersection/road, skid marks, obstructions, damaged property, view from each driver’s perspective while driving down street…)
  • Collect and preserve evidence from collision scene or vehicle such as broken glass, damaged tires, improperly working seat belts, torn and blood stained clothing…
  • Determine location of vehicles (tow yard or storage facility) and document damage with photographs and video tape
  • Coordinate rental car for client until property damage is finalized
  • Investigate and ascertain costs of repair or replacement value of our client’s vehicle and other property damage (broken cell phone, glasses, and other personal items)
  • Coordinate and negotiate repair or replacement of our client’s vehicle with insurance claims adjuster
  • Coordinate property damage deductible reimbursement to client from insurance company
  • Coordinate and obtain copies of all medical records and billings
  • Coordinate payment of all outstanding medical billings by health insurance or automobile med pay coverage
  • Use special declaration to ascertain all loss of earnings and benefits you sustained or lost because of this collision
  • Use special document to determine all out of pocket expenses and losses you sustained or lost because of this collision
  • In wrongful death cases, coordinate independent autopsy if necessary
  • In wrongful death cases, coordinate funeral service expenses
  • In wrongful death cases, coordinate veteran benefits
  • In wrongful death cases, refer client to estate planning specialist to review and update all estate planning documents
  • In wrongful death cases, review all life insurance policies to determine benefits to client and other survivors
  • In wrongful death cases, ascertain financial losses to family such as loss of income or retirement plan benefits
  • In wrongful death cases, conduct extensive interview with surviving family members to ascertain relationship and loss (loss of love, society, companionship and affection)
  • Counsel client(s) as to all available legal theories, responsible defendants and causes of action
  • Conduct professional asset background check of defendant (real estate, bank accounts, investments, beneficiary of an estate plan…)
  • Initiate settlement and jury verdict search re similar settlements and verdicts
  • Pull and review prior cases handled by our firm together with previous legal analysis and legal pleadings, discovery, and trial items
  • Put together and discuss with you our draft settlement demand package and/or presentation (written demand letter setting forth and attaching copies of all important facts, traffic collision report, theories of liability, description of injuries, damages, future medical issues, treatment, surgery and damages, all medical records and billings, loss of earnings, other out of pocket losses, our assessment of similar state and national settlements and verdicts with attachments, a summary of similar cases and results by our firm with attachments, supporting medical, economic, accident reconstruction, biomechanical expert opinions as needed, photographs, charts, graphs, draft lawsuit…)
  • Early in case, prepare draft jury instructions and draft of opening and closing arguments (few lawyers do this early in the case)
  • Coordinate settlement dialoge as needed and communicate all important facts and opinions to client for final decision
  • Apply 25 years and thousands of cases of experience to negotiation settlement until case is resolved for full value pursuant to client’s authority
  • Follow up with all the above until everything is done and all necessary information is obtained

If Case is Not Settled and Litigation Becomes Necessary

  • Additional research of law and available causes of action (if needed)
  • Prepare Superior Court Summons and Complaint alleging all viable causes of action
  • Coordinate the filing of the Summons and Complaint with Civil Cover sheet with the clerk of the Superior Court
  • Calendar all post-filing filing dates (5-10) and service on defendant and for return of Summons
  • Review assigned judge and file document/motion to request new judge if necessary
  • Contact and retain consulting and trial related experts
  • If necessary, use investigator and/or online services to location defendant’s for service
  • Prepare Statement of Damages and coordinate service of process on defendant
  • Special letter to defendant with copy of lawsuit explaining defendant’s first party bad faith rights against his own insurance company
  • Review incoming Answer, Demurrer or Motion to Strike from defendant’s lawyers hired by defendant’s insurance company
  • Telephone call to defense counsel to introduce ourselves and to discuss case issues and possible settlement
  • Review defendants initial Judicial Council Form Interrogatories, Special Interrogatories, Inspection Demand, and Notice of Deposition (discovery)
  • Send instructional letter to client with defendant’s initial discovery
  • Calculate and calendar all dates client’s discovery responses are due
  • If defendant served a Demurrer or Motion to Strike, prepare and filed Oppositions and calendar all response and hearing dates
  • As required by the Code of Civil Procedure, review client’s responses to all discovery and prepare and service original verified responses to defendant’s attorney
  • On behalf of client, prepare and served client’s initial discovery to defendant (Judicial Council Form Interrogatories, Special Interrogatories, Request for Admissions, Demand to Produce Documents, and Notice of Deposition
  • Calendar and appear at court ordered Case Management Conference
  • Prepare client and attend client’s deposition at defense attorney’s office
  • Take defendant’s deposition (traditional or video) at our office
  • Take deposition of all important witnesses
  • Review incoming Demand for Independent Medical Examination (IME) from defendant
  • Special letter to client with copy of IME and coordinate final IME instructions and date
  • Prepare and respond to IME with special pleading regarding certain terms and conditions
  • Client appears at IME with our office either recording or videotaping examination process
  • Receive and review defendant doctor’s IME report
  • Receive and forward defendant’s supplemental discovery (Special Interrogatories, Request for Admissions, and Inspection Demand)
  • Prepare and serve on defendant our client’s supplemental discovery (Special Interrogatories, Request for Admissions, and Inspection Demand)
  • Prepare for and attend continued Case Management Conference or initial Status Conference and set trial date
  • Letter to client with all mandatory dates and date of trial
  • Coordinate pre-trial settlement mediation or arbitration if ordered by the court or thought useful by counsel
  • Prepare mediation or arbitration briefs and documents
  • Prepare client for mediation or arbitration
  • Appear with client at mediation or arbitration and present case
  • If case is resolved via mediation or arbitration, prepare settlement documents and file notice with court
  • If case is resolved via mediation or arbitration, coordinate deposit of settlement funds in to trust account
  • If case is resolved via mediation or arbitration, disburse funds to client with detailed final financial statement
  • If case is NOT resolved via mediation or arbitration, continue with pre-trial preparation and requirements
  • If required, file opposition to defendant’s Motion for Summary Judgment
  • If required, prepare and file plaintiff’s Motion for Summary Judgment
  • Prepare Demand for Exchange of Expert Information and serve notice to other side
  • If ordered or coordinated, prepare for and attend with client a court order pre-trial Mandatory Settlement Conference (MSC)
  • Prepare and serve response to Demand for Expert Exchange
  • Notice and take depositions of expert witnesses
  • Coordinate other side taking depositions or our client’s expert witnesses
  • Coordinate and comply with all mandatory pre-trial discovery and trial document dates (about 75 specific dates)
  • File jury fees
  • Schedule pre-trial issue conference with opposing counsel
  • Obtain all final medical records and billings and any other evidence (photos, videos…) that will be used at trial
  • Participate with opposing counsel re pre-trial stipulations to save all parties time and money
  • Coordinate the appearance of trial witnesses at trial
  • Issue subpoena’s to compel attendance of trial witnesses if needed
  • Prepare all pre-trial Motions in Limine
  • Prepare and coordinate with opposing counsel Joint Exhibit List
  • Prepare and coordinate with opposing counsel Joint Statement of the Case
  • Prepare and coordinate with opposing counsel Joint Stipulated Facts
  • Prepare and coordinate with opposing counsel Joint Jury Instructions
  • Prepare and coordinate with opposing counsel Joint Witness List
  • Prepare and coordinate with opposing counsel Joint Verdict Forms
  • Attorney pre-trial final preparation re voir dire (jury selection questions and strategy), opening statement, direct examination, cross examination, and closing argument
  • Prepare and participate at the trial (normally 1 to 3 weeks of time)
  • If appropriate, review and file Opposition to defendant’s post-trial motions (Motion for New Trial, Motion for Judgment Not Withstanding the Verdict…)
  • If appropriate, attend post-trial hearing(s) to oppose defendant’s motions
  • If appropriate, coordinate with client on post-trial appeal issues and representation

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Mitch Jackson and Lisa Wilson are Orange County California personal injury and wrongful death lawyers- accidents, motorcycle accidents and large truck accidentsWere you aware of all the above steps?  As you can see, there’s a great deal of work and expertise involved with investigating and handling a personal injury or wrongful death case.  Because you only have one opportunity to obtain a settlement or verdict in your case, it’s important that you do everything you can to maximize your chances of success.

Please give us a call if you have questions or need help your personal injury or wrongful death case.  We always look forward to putting our 25 years of experience and expertise to work for our valued clients.  But don’t simply take our word for it.  See our client testimonials and case results!

 

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People are always asking us, “What kind of law do you practice?”

February 2, 2011 By

Orange County personal injury and wrongful death lawyersOur answer is simple.  We’re Orange County personal injury lawyers.   We help victims of personal injury and wrongful death put their lives back together.

We represent people and their families.  Not big corporations.   We empower the powerless and hold wrongdoers accountable for their bad acts.

So what does all of that mean?  Well, here are a couple of recent examples.   Several new and tragic cases coming into our office just over the past two weeks are as follows…

New Case: A young teenage girl broke down next to the freeway and having no other alternative, started to walk home late at night.   Another vehicle exiting the freeway without its lights on struck and severely injured her.   Our client was placed into an induced coma in early December and she remains in a coma to this day.  Doctors are evaluating her medical condition on a day to day basis.

New Case: A young man lost control of his vehicle while driving down the freeway.  His car came to rest in the carpool lane.   Traffic continued to pass safely by.  About a minute or so later, another vehicle being operated in an inattentive fashion, struck our client’s vehicle causing the young man’s death.  We represent his mother and father. The Orange County District Attorney’s Office is looking at filing vehicular manslaughter charges against the responsible driver.

New Case: While walking across the street to a yard sale, our client was struck and thrown over the top of a vehicle negligently operated at a high rate of speed.  Our preliminary analysis is that the young driver may have been texting while driving.  An investigation is ongoing.   Unfortunately, our client was severely injured by the impact.

New Case: Our two clients were driving down the street.   Another vehicle made an unsafe and illegal left turn directly in front of them causing a major collision.  Both clients sustained serious injuries.  One client has spent several weeks in the hospital undergoing major surgery.   Because of her injuries, her life will never be the same.

New Potential Case: We were consulted regarding a potential first party insurance bad faith case against a national insurance company.   The potential clients’ business was destroyed in a fire and their insurance company is refusing to cover the loss.

As you can see, it’s been a busy year so far.   Too many people are being harmed because of the avoidable wrongful conduct of others.

Because of brief moments of carelessness, lives are forever changed and families face potential financial devastation.   Please be careful and watch out for your fellow human beings.

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Helping Victims of Personal Injury and Wrongful Death Since 1986!

January 30, 2011 By

 

Orange County California Wrongful Death and Personal Injury Lawyers with 27 Years of Experience, High Ratings, Raving Clients, and Outstanding Results!

We are so confident of our ability to help you, we GUARANTEE your satisfaction. We invite you to click here to read our exclusive NO-RISK 100% FULL SATISFACTION 30 DAY GUARANTEE. To help keep things easy and fast, simply click here right now to send us an instant voice message!

First Step- Get our FREE ebook entitled, “The Truth About Your Personal Injury and Wrongful Death Case” and find out, in the next 10 minutes, exactly how to find, interview and hire the right lawyer for you…

 

This Information Is For You. We hope you find it useful. Please give us a call with questions!

Since 1986, we’ve helped almost 7,000 people with their legal cases. One thing we’ve learned over the past 27 years is that it’s important for YOU to know YOUR legal rights BEFORE communicating with the other side’s insurance claims adjuster.

Attorneys in Orange County California- Wrongful Death and Personal Injury lawFor these reasons, we have written our extremely popular book entitled, “The Truth About Your California Personal Injury and Wrongful Death Case”. Within it’s 90+ info packed pages, you’ll learn everything you need to do to protect your rights and maximize the value of your case.

After you’ve download and read our ebook, we also invite you to review our client and attorney testimonials. Study our awards and take a close look at our past case results. Watch our videos and listen to our audios. Hopefully after doing so, you’ll get a better feel for who we are and also have a much better appreciation of what you need to do to protect your legal rights.

And while you’re here, we have one final suggestion. Click here to join 7,500+ of your peers and get our latest new legal articles and updates delivered to your e-mail inbox.  Also feel free to stay in touch, get updates and participate in conversation with more than 20,000+of our fans and friends on Facebook, Twitter, Linkedin and Google Plus.

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Case Results 

Most people will agree that actions speak louder than words. We’re here if you need us. Please feel free to click on any of the cases you find interesting…

$500,000.00 Wrongful Death Settlement (difficult liability case)
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$1,485,045.23 (Policy Limits) SETTLEMENT REACHED IN BROKEN PELVIC BONE CASE
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$300,000.00 DEFENDANT WRITES PERSONAL CHECK FOR $200,000.00 (limited $100K auto insurance policy. Responsible driver was required to "contribute" $100K on top of policy to settle case)
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$325,000.00 DRIVER REACHING FOR CELL PHONE RUNS RED LIGHT AND SERIOUSLY HARMS OUR CLIENT- Security video tape of collision discovered in nearby store helps Jackson & Wilson win case for client.
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$400,000.00 EXPLODING GAS TANK CAUSES DEATH OF CLIENTS’ MOTHER- This particular vehicle was known to have safety issues with its gas tank.
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$1,152,926.00 LEGAL MALPRACTICE JUDGMENT AGAINST NEGLIGENT LAWYER- Original judgment was almost $900K and balance is court awarded interest and costs.
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$1,000,000.00 TWO LOCAL TEENAGERS ARE KILLED IN HEAD ON COLLISION- This tragic wrongful death case devastated the local community. The case eventually settled the Friday before a Monday morning jury trial date.
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$500,000.00 NEIGHBOR’S DOG BITES CHILD ON FACE AND THEN ATTACKS MOTHER- Defendant's insurance company only offered $30K before we filed a lawsuit and litigated the case.
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$330,000.00 DOG BITES PART OF CLIENT’S FINGER OFF- Defendant dog owner did not have insurance to cover this injury. She ended up writing a check for the full amount to pay the judgment.
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$5,500,000.00 EXCESSIVE USE OF FORCE BY MORENO VALLEY POLICE DEPARTMENT- Difficult two week jury trial after almost 5 years of litigation. Mr. Jackson was named "Top Gun Trial Lawyer of the Year" for this victory!
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$2,759,852.00 DRIVER RUNS RED LIGHT
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$900,000.00 HIGH SCHOOL TRACK STAR DROWNS IN LAKE MISSION VIEJO- Defense counsel advised judge, in open court, its client had no liability and would not pay a dime. We made sure that didn't happen!
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$1,250,000.00 MOTORCYCLE ACCIDENT INVOLVING SPECIAL FORCES RETIREE- Our client retired from the special forces injury free. It only took about a week and 16 year old teenage driver to change his life forever...
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$2,000,000.00 MOTORCYCLE ACCIDENT- CLIENT LOSES LEG- Without any warning, defendant crossed the double yellow line and struck our client. The defendant served jail time for operating a vehicle while under the influence of alcohol or drugs.
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$5,000,000.00 WOMAN ATTACKS FATHER AND MURDERS HIS SON- A very tragic case that resulted in the defendant being convicted of murder and sentenced to life in jail.
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$3,347,000.00 HEAD INJURY AND INSURANCE BAD FAITH- This is what happens (and should happen) when an insurance company fails to act properly.
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$1,000,000.00 A RETIRED POLICE OFFICER AND HIS WIFE ARE KILLED AFTER THEN VAN WAS STRUCK BY A LARGE SEMI-TRACTOR TRAILER TRUCK. THEIR THREE YOUNG CHILDREN, WHO WERE IN THE VAN SURVIVE.
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$1,250,000.00 JET SKI WRONGFUL DEATH JURY VERDICT (after defendant’s $1 settlement offer)

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Free Consumer Legal Resources- (We don’t need your name or email address- simply help yourself to our online library)…

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Need Help Right Now?

Then we invite you to call (800-661-7044) or simply click here to review and complete our free “online” questionnaire 24/7. It will be automatically emailed to a senior partner for review! If you like, click here to send us a voice message
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There’s a Very Good Reason Why Our Cases, Commentary, and Legal Opinions Have Been Shared Around the Globe. Give us a call and find out why.

The list includes…  The Associated Press, CNN, USA Today, American Bar Association Journal, Law.com, Lawyers.com, The San Francisco Chronicle, CBS, CBS2.com, Washington Examiner, Los Angeles Times, NBC, New York Times, Mercury News, MyFox11.com, BikerNews.com, CBS5.com, Denver Post, The Orange County Register, The California Daily Journal, Arizona Republic, Tucson Citizen, The San Diego Union-Tribune, MacNewsWorld, Ecommerce Times, ExecSense Presenter (ExecSense is the world’s largest and most exclusive publisher of webinars led by top business, legal, medical and financial executives), Cleveland’s “The Advocate Radio Show”…

Expert legal services, legal opinion, legal commentary, legal cases Expert legal services, legal opinion, legal commentary, legal cases Expert legal services, legal opinion, legal commentary, legal cases Legal cases, legal commentary, legal opinion, legal expert services Lawyers, Attorney, Expert legal services, legal opinion, legal commentary, legal cases Expert legal services, legal opinion, legal commentary, legal cases

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How to Find a Good Lawyer Using Martindale.com

January 27, 2011 By

The 140+ year old independent company, Martindale-Hubbell, offers consumers an easy way to find top-rated lawyers in their local city and state.   Among other services, Martindale uses “peer review” ratings (interviews local lawyers and judges) to obtain independent and objective lawyer ratings.  In most instances, the lawyers Martindale are researching do not know they are under review.

According to Martindale.com, it’s ratings are established by attorneys for attorneys and “clearly indicates a demonstration of the highest professional and ethical standards.”  The very best rating given by Mardindale is called an “AV” 5.0 out of 5.0 rating (our senior partner ratings).  It’s the highest rating awarded by Martindale.com   According to the company, it identifies a lawyer and firm as having achieved very high to preeminent legal ability and ethics.

So, if you’re looking for a good lawyer and are not sure how to go about it, we respectfully suggest visiting the Martindale.com web site.  To help get you started, below is a short video that will show you how to correctly use the site.  If you like, you may click here for a slightly larger version.

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Burn Injuries and Wrongful Death Caused From Burn Injury Cases

January 11, 2011 By

Burns and burn related injuries and deathsOver the past 25 years, we’ve have the opportunity to help many burn victims and families who have experienced a wrongful death because. Several cases which come to mind are as follows.

Our client was involved in a relatively minor accident while driving her car on the freeway. After the collision, her car had eventually come to rest in the number one (fast) lane.

While still seated in her car, our client’s vehicle was struck from behind by another vehicle. Because of a defectively designed gas tank assembly, our client’s vehicle immediately exploded in to a ball of fire and she burned to death. Surviving family members are now forced to live with this tragedy for the rest of their lives.

In another case that we handled, a young girl experienced very serious burn injuries to her face and hands as a result of a Halloween pumpkin, negligently filled with a highly flammable liquid, tipping over and pouring on to her while trick or treating on Halloween night.

We also have represented wonderful clients burned by automobile accident gasoline related spills. In other cases, young children severely burned because of their exposure to high voltage electrical lines.

The fact of the matter is that burn injuries are usually very serious and they happen every day. In fact, each year in the United States, about 4,500 people die from severe burn injuries. Another 45,000 people are hospitalized. Up to 10,000 people in the United States die each year of burn-related infections. When you look at the total numbers, more than 1.1 million of our citizens experience some type of burn injury each and every year.

Most burn injuries cause extreme pain and many burn victim injuries become worse as a direct result of infection. Scaring, disfigurement, and even loss of limbs, fingers, and toes, are also unfortunate byproducts of major burn injuries.

Many of the burn victims we see are harmed from the wrongful conduct of others. Accidents, defective products, and just plain carelessness (negligence) are the primary causes. Sometimes burn victims are harmed because of another person’s intentional conduct. In the intentional conduct burn cases, the District Attorney’s Office will normally get involved and criminally prosecute the wrongdoer.

Burn injures normally result in high medical bills and related rehabilitation expenses. Because many surgeries, including reconstructive surgery may be required over a long period of time, the medical expenses we’ve seen in burn cases are usually high.

While recovering, most burn injury victims are temporarily or permanently disabled and are unable to work. Income is lost and because of this, bills cannot be paid. Financial disaster is the norm and not the exception.

There are several different types of burns. The most common are referred to as thermal, chemical or electrical burns. Fire, hot steam, hot metals, and scalding liquids normally are the cause of thermal burns.

Burn victims exposed to acids, alkalies, and some detergents and solvents are generally victims of chemical burn incidents. High voltage electrical currents can and will cause electrical burns to the human body.

Health care providers will normally classify the severity of a burn by the number of layers of skin that is burned and the amount of area of a burn victim’s body that is actually burned.

You’ve probably heard of a first degree burn. This type of burn injury is usually minor although it can be somewhat painful. Normally only the outer layer of the skin, also known as the epidermis, is burned or damaged.

A second degree burn is a more serious type of burn injury and also known as partial thickness burns. In addition to the epidermis being burned, the second layer or dermis is also burned.

The most serious type of burn injury is known as a third degree burn. In a third degree burn, the first and second layers of skin are burned or destroyed. In many instances, third degree burns also include physical burns and damage to bones, tendons, and muscles. Areas of a burn victim’s body experiencing third degree burns normally appear charred in the worst of cases. Because nerve endings are normally damaged in third degree burn cases, there is often little if any pain associated with a third degree burn injury.

According the American Medical Association, total body surface area (TBSA) is one of the parameters used to classify the severity of a burn. For example, a minor burn would include less than 10% total body surface area in an adult or less than 5% in a young or elderly burn victim. Also less than 2% full thickness with the burn itself.

A moderate burn would include 10-20% total body surface area in an adult or 5-10% in a young or elderly burn victim. Also a 2-5% full thickness with the burn itself. A major burn would include more than 20% total body surface area in an adult or more than 10% in a young or elderly burn victim. Also more than a 5% full thickness with the burn itself.

When it comes to treating burn victims, there are several different approaches used by health care professionals. Normally, dead tissue is surgically removed through a process called debridement. Skin grafts are needed to effectively treat the more serious burn injuries.

In serious burn cases involving the face or hands, surgical techniques are used to help rebuild the ears, nose or mouth regions. In some instances, body grafts may also be an option for replacing fingers and or toes.

Physical therapy is useful to help burn victims regain use of their bodies and limbs and to help eliminate or reduce scaring. One or more cosmetic surgical procedures are also required in the more serious burn cases. As young burn victims grow, the skin grafts will normally need to be replaced in light of the fact that skin grafts will not expand. Any resolution of a burn victims claim should always take into consideration these very real future medical treatments and billings.

Medical techniques for helping burn victims have substantially improved over the years. Although most burn victim injuries are severally physically harmed, there is also the emotional element of harm and damages that needs to be taken into consideration. Disfigurement, scarring, and lack of use issues all play a role in a burn victims recovery.

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Jackson & Wilson at www.JacksonandWilson.com“We Empower the Powerless and Help Victims of Personal Injury and Wrongful Death. With 25 Years of Experience, High Ratings and Impressive Results, Chances are, We Can Help You Too!”

Since 1986, we’ve truly enjoyed helping people, not big corporations and insurance companies. Our daily focus involves protecting the injured, the wronged, and the voiceless, not large businesses that routinely trample, abuse, and exploit the rights of the less fortunate.

Our drive and motivation has always been devoted to leveling the playing field for our clients and families against the self-serving goals of corporate greed and higher corporate profits.

We truly look forward to answering any questions you may have about your personal injury or wrongful death case. Please do not hesitate to pick up the phone and give us a call or visit our web site for more help and information.

More About How and Why We Can Help You…

The nationally recognized firm of Jackson & Wilson, has been helping victims of personal injury and wrongful death since 1986. Both Lisa and Mitch have received the top “AV” rating for ability and ethics by Martindale-Hubbell and their firm is listed in the prestigious Bar Register of Preeminent Lawyers. They are also proud to be multiple time members of the Million Dollar Advocates Club with membership limited to only those lawyers who have achieved a settlement or verdict of $1,000,000 or more.

More information, case results, and testimonials can be found at the firm’s web site at www.JacksonandWilson.com

Also feel free to call with your legal questions or needs: 800-661-7044

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What Makes Us Different…

January 8, 2011 By

Orange County personal injury and wrongful death lawyers and attorneysThis weekend I gave some thought to why we practice law and represent victims of personal injury and wrongful death.  I really tried to focus on exactly what makes our law firm different from some of the other firms in town.

Here are my thoughts…

“We empower our clients to fight for fairness, equity and justice.  Little children know what fairness is.  Big insurance companies don’t.  It’s our job to make sure these huge corporations treat our clients with fairness and human dignity.

Without exception we make sure they understand and appreciate our client’s injuries, damages and losses.  We won’t stop fighting until they do.

The clients we agree to help are honest and of the highest integrity.  A strong foundation of trust is built which leads to cooperation and solid results.  Consistent high settlements, awards, and jury verdicts are obtained for our clients because we work hard and never settle for second best when it comes to quality or excellence.

We know each and every one of our clients, no matter how badly injured or harmed, still has a tremendous amount of potential for growth.  Every valued member of our team shares patience, nurturance, and encouragement with every client they have an opportunity to help.

For the past 25 years, our clients have told us that we make a positive difference in their lives.  Give us a call and find out why.”

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Facebook page for Jackson and WilsonAnd one last thought…

If you haven’t already done so, please join our firm’s Facebook page.  Over the next several weeks and months, we’ll be sharing more “client centered” information about a “new and better” way of practicing law and helping people, just like you.  If you’re not part of our Facebook page, you may miss out on some very good info.  Take a minute, stop by, and become one of our Facebook fans!

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Automobile Accident Lawyers in Orange County California

January 6, 2011 By

Auto Accidents, Injuries and Damages in Orange County

What is an Orange County Automobile Accident Case? What Are Your Rights? What are Your Remedies?

Attorneys in Orange County handling auto accidentsIn our capacity as Orange County automobile accident lawyers and attorneys, we’ve been helping automobile accident victims for 25+ years. Here’s what an Orange County automobile accident victim needs to know to protect his or her rights…

An auto accident case occurs when a resident of Orange County, California, suffers a physical or emotional injury as a result of another auto or truck driver’s negligent or intentional wrongful conduct. The car crash victim that has rights can be the driver or any passenger in the car.

Tip! Before you read any further, we strongly suggest that you download and read our new ebook BEFORE talking to a lawyer and BEFORE talking to an insurance company representative. It’s free and entitled, “The Truth About Your California Personal Injury and Wrongful Death Case“.

If the other vehicle operator causes death, then surviving family members may have a legal right to bring an automobile related wrongful death case against the unsafe driver, owner of the vehicle, or employer if the driver was negligently operating a car or vehicle while in the scope and course of employment.

Auto accidents can and do take place in Mission Viejo, Irvine, Laguna Hills, Aliso Viejo, Dana Point, Laguna Niguel, Santa Ana, and Newport Beach every day. Conduct of the responsible driver in these cities in many instances is negligent and intentional. In some cases, it’s even willful, wanton or reckless allowing for punitive damages.

Strict liability may even apply allowing an Orange County car crash victim to hold the other driver responsible for all injury and damages without having to show fault or wrongdoing. Each case is different but it’s important to grasp these concepts to protect your legal rights after an automobile accident.

Orange County automobile accident cases that we’ve been able to help Orange County families with over the past 25 years are just part of six million motor vehicle accidents that happen nation wide each year. Several each year also are part of the approximate 11,000 people will die in automobile accident related drunk-driving crashes (we’re talking about 1 every 50 minutes).

What Damages are Available in an Orange County Automobile Accident Case?

Automobile and Other Vehicle Accidents- Who pays your medical bills?

In most serious Orange County auto accident crashes, accident victims may be entitled to monetary compensation for bodily injury and pain and suffering from the unsafe person or his employer company whose wrongful conduct and unsafe driving caused the automobile accident and injury.

Punitive damages may also be available to drivers harmed in Orange County and residents of Anaheim, Tustin, Villa Park, Long Beach, Huntington Beach, and Brea, when the other driver acted in an intentional, willful, wanton or reckless manner. These damages are designed to punish and make an example to society of the unsafe driver.

Orange County auto accident collision victims are usually entitled to compensatory or actual damages. The purpose of these automobile accident related damages are to reimbursement you for your past and future “out of pocket” expenses or losses. Exactly what compensatory damages and monetary amount you are entitled to under California law depends on the unique facts and issues in each case. Although many car crash cases can appear similar, the fact of the matter is that no two cases are alike.

What Kind of Compensation am I Entitled to After an Accident?

For those Orange County residents who are automobile accident victims, it’s important to know that the most common compensatory damages you may be entitled to for your auto injuries and auto damages include…

Medical Expenses- Past and future bills and expenses for health care services from automobile accident related ambulance or emergency providers, hospitals, doctors, medication, and related services from nurses or other health care providers related to your injury, care and treatment.

Lost Earnings- If you are an Orange County auto accident victim and are unable to work for a period of time after the automobile accident, you may be entitled to recover reimbursement of all lost wages.

Impaired Earning Capacity- Any reduction of your ability to earn a living after a serious automobile accident is also normally recoverable. In many instances, an expert economist is retained to help determine what the actual loss of income is as a direct result of the car crash.

Future Medical Expenses- After an accident, all reasonably necessary future medical care and treatment is recoverable. Experts are used for this too.

Pain and Suffering- These damages are awarded to compensate an automobile accident victim for all past and future pain and suffering related to the auto accident and injury.

Mental Anguish- Car crash victims who have sustained extreme mental or emotional suffering or distress relating to the crash or accident are entitled to compensation. In some cases, this may also include someone who, because of the automobile accident, has witnessed the severe injury or death of a loved one.

Loss of Consortium- If, because of an automobile accident, the victim’s spouse is unable to enjoy the things normally related to a marriage such as sexual relations, affection, comfort, and companionship, a claim for money damages may be brought.

Loss of Society and Companionship- In Orange County automobile accidents cases resulting in death, these damages may be awarded to a heir for the loss of companionship, comfort and love.

Property Damage- Any property damage resulting from the impace or auto collision may be recovered by the victim in a car crash case.

What is the Standard of Proof in an Orange County California Automobile Accident Case?

In the United States and Orange County, California, the standard or burden of proof is usually by a “preponderance of the evidence” as opposed to ”beyond a reasonable doubt” or “clear and convincing”. Most automobile accident cases are handled in the civil court system and it’s important to know that proving a case beyond a preponderance of the evidence (slight tipping of scales) is usually easier than a criminal prosecution (beyond a reasonable doubt). Sometimes when a automobile driver who was acting in a criminally unsafe fashion causes an serious accident, that Orange County driver is charged by the Orange County District Attorneys Office with a crime. In these cases, we work with the District Attorneys Office but do file a separate civil case against the responsible driver.

What Are The Special Time Limits to Bringing an Orange County Automobile Accident Case?

Special Time Limits in a Personal Injury Case…

What many accident victims are not aware of is the fact that time is of the essence in many automobile accident cases. In car crash cases, most states have a strict statute of limitations or time periods which which a court proceedings must be properly commenced. Failing to act in a timely fashion may result in the victim forever loosing his or her right to bring a claim.

Although not falling under the statute of limitations laws, other important time sensitive issues include issues surrounding preserving evidence and identifying defendants, insurance coverage and assets. The earlier you do this after an automobile accident the better. Lawyers, investigators and experts are usually hired to help get this done. You might be interested in looking at our checklist of 100+ things that we normally do after being contacted and retained by and Orange County automobile accident victim.

When it’s all said and done, Orange County automobile accident victims should get an experienced lawyer involved sooner rather than later.

Can a Person Who Causes Harm in an Orange County Automobile Accident be Prosecuted for Both the Criminal Wrong and the Civil Automobile Accident Personal Injury Case?

Of course! We see this happen almost on a monthly basis.

In some instances, the civil automobile accident case and the Orange County criminal case are filed at or about the same ime.

When this happens, it’s important to “work with” the Orange County District Attorney’s Office to coordinate the investigation, witnesses, criminal plea bargaining and other important issues.

From a Lawyers Perspective, What Does it Take to Be a Good Automobile Accident Lawyer in Orange County?

What Does it Take to be an Effective Personal Injury Lawyer?

Becoming a good an effective automobile accident lawyer takes practice and time. It can take years, and even decades for a lawyer to perfect his or her craft.

Different lawyers use different techniques to help maximize the total monetary payout of their clients’ cases. We believe convincing arbitrators, mediators, juries, and even opposing counsel is as much an art as anything else. It’s about using the law, facts, and people skills to make a point and to justify the damages sought.

Persuading insurance companies and claims adjusters is challenging and the final amount obtained for clients is usually related to “how” a lawyer argues the facts and presents the evidence. We believe that reputation and skill play big factors in the final settlement or verdict numbers.

What Happens Next and What Are The Steps in an Orange County Automobile Accident Case?

Orange County automobile accident victims must act quickly and make smart decisions to protect their legal rights after a car crash.

Serious injuries need to be diagnosed and treated by experienced health care providers. Doing so immediately after an auto accident is important. Here’s why…

  • First, making sure you get proper medical treatment is important to your short and long-term recovery. You have a legal obligation to “mitigate your damages” and so if an injury needs treatment, you must act as a reasonable person and seek care.
  • Second, the outcome of your automobile accident case can be directly related to how well your doctor documents your injuries. Thus, it’s absolutely necessary in an automobile accident case to have health care professionals properly diagnose and document all of your care and treatment in all medical records, reports, photographs, x-rays, and CT/MRI scans. People you have never met such as claims adjusters, mediators, arbitrators, a judge and at trial, a jury, will all put a great deal of weight on what is or isn’t contained in the medical records and medical findings. A good rule is to make sure everything is document!

Investigation and Protecting Evidence in an Orange County Automobile Collision Case

When it comes to investigating an automobile accident and collision case, it’s important to keep in mind that evidence can be lost or become more difficult to locate the longer you wait. Items are moved or even completely removed from the car crash scene. The vehicle skid marks wash away with rain and other items like broken asphalt, walls, and buildings get replaced or repaired. Automobiles are repaired before pictures are taken. Witness memories fad. Witnesses disappear.

Carry a camera or video recorder with you in your car. After an Orange County accident happens, take pictures and videos of the vehicles, people, and injuries. After being retained, we also use investigators to follow-up with measurements, pictures and interviews.

Automobile accident reconstruction or bio-mechanical engineering experts are retained in some cases to help with the investigation and analysis of the accident. Things like liability and force of impact can be determined for the claim or trial.

Claim and Lawsuit Filing Deadlines in Auto Accident Cases

In almost every Orange County automobile accident case, you only have a certain period of time to file a claim or lawsuit relating to your car crash injuries and damages. If you fail to properly file or serve the required legal documents, you may very well forever lose your legal right to pursue a claim or case against the responsible party who caused your automobile accident.

The time requirements you have to file an automobile accident claim against a governmental entity such as a city, county or state is different than when you are dealing with a private automobile owner or a company that owns a vehicle. In all cases, prompt action needs to be taken after an automobile accident happens. There is absolutely no upside to delaying your actions.

Legal Documents in Automobile Accident Cases

Legal documents used in Orange County, California, accident claims and collisions are usually referred to as pleadings, claim forms, and motions. They are normally prepared and filed with the court to protect the rights of an accident victim and to help maximize your chances of obtaining a full and fair settlement or judgment. Automobile accident settlement demand packages are also sometimes necessary to attempt settlement of an auto case before the need for a lawsuit becomes necessary. In may car crash cases, mediation, arbitration and trials are used to help obtain a settlement or final outcome. Again, each case is different and an experienced lawyer can help you decide which option is best!

Who Pays in an Orange County Automobile Accident Case?

Auto Repair- Know your rights!

When resolving an Orange County automobile accident case, most experienced Orange County automobile accident lawyers focus on the other driver’s automobile liability insurance or homeowners insurance. If the negligent driver who caused your injuries was employed with a company at the time she caused the auto accident and, was in the scope and course of employment, we may also pursue a claim against the employer. This legal theory in auto cases is known as respondent superior (the employer is liable for the wrongful conduct of its employees while on the job).

Other theories of liability in automobile accident cases may also be reviewed and pursued and might consist of a claim against the manufacturer or a maker of one of the vehicles parts or components (defective brakes, tires, unsafe/exploding gas tank design…).

If the responsible driver has insufficient insurance or no insurance at all, an Orange County automobile accident victim may be entitled to bring an uninsured motorist or under-insured motorist claim available against his or her own insurance company. And that’s OK. That’s why you have UM or UIM coverage. Pursuing such a claim will not raise your rates or risk coverage under your policy.

UM or UIM coverage may be all you need to obtain full and just monetary recover in your auto case. However, in come cases, we also use experts to conduct an asset background check to see whether or not the defendant driver has any real property, bank accounts, home equity, or other significant assets to cover your losses. In several cases, we’ve been able to use this approach to get the defendant driver to write a personal check to our client above and beyond the payment of his or her insurance policy limits.

Legal feedback and questions answered by California lawyers

When it comes to Orange County automobile accident victims protecting their rights, the bottom line is that no settlement should take place and no settlement releases should be signed until you have full and complete understanding and complete answers to all of the above questions and issues.

 

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IMPORTANT TIP- Review the following resources BEFORE talking to an insurance company and BEFORE talking to a lawyer…

Tips to Help You Find a Good LawyerGet our new FREE ebook entitled, “The Truth About Your California Personal Injury and Wrongful death Case”

Recorded Live Interview- “How to Find, Interview, and Hire a Good Lawyer

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Auto Body Repair Consumer Bill of Rights

January 4, 2011 By

You’ve just been in an accident and your vehicle is damaged.  You need to get it repaired but are not sure what your rights are.

As a consumer in the State of California, you have specific rights that auto body shops and insurance companies may not take away from you.  Here’s information that we hope will help answer your auto repair questions.

In the State of California, a consumer is entitled to:

1.  Select the auto body repair shop to repair auto body damage covered by the insurance company.  The insurance company shall not require the repairs to be done at a specific auto body repair shop.  What this means is that you can take your damaged vehicle to the properly licensed auto body repair shop that you know or trust.

2.  An itemized written estimate for all auto body repairs.  And upon completion, a detailed invoice.  The estimate and invoice must include an itemized list of parts and labor along with the total price for the work performed.  The estimate and invoice must also identify all parts as new, used, aftermarket, reconditioned, or rebuilt.

3.  Be informed about coverage for towing and storage services.

4.  Be informed about the extent of coverage, if any, for a replacement rental vehicle while a damaged vehicle is being repaired.

5.  Be informed of where to report suspected fraud or other complaints and concerns about auto body repairs.

6.  Seek and obtain an independent repair estimate directly from a registered auto body repair shop for repair of a damaged vehicle, even when pursuing an insurance claim for repair of the vehicle.

Complaints within the jurisdiction of the Bureau of Automotive Repair (complaints concerning the repair of a vehicle by an auto body repair shop) should be directed to:

California Department of Consumer Affairs
Bureau of Automotive Repair
10240 Systems Parkway
Sacramento, CA  95827
Toll Free 866-799-3811
The Bureau of Automotive Repair can also accept complaints over its web site at www.autorepair.ca.gov

Complaints within the jurisdiction of the California Insurance Commissioner (any concerns regarding how an auto insurance claim is being handled) should be submitted to the California Department of Insurance at:

California Department of Insurance
Consumer Services Division
300 South Spring Street
Los Angeles, CA  90013
Toll Free 800-927-HELP or 213-897-8921
The California Department of Insurance can also accept complaints over its web site at www.insurance.ca.gov
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Legal feedback and questions answered by California lawyers

Please contact us with any questions.  We’re standing by to help!

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