Entries from July 2009 ↓

Changes in California Personal Injury Law

Personal injury law in California is undergoing constant revision and reform. These reforms aim to help protect the rights of plaintiffs and defendants alike, and make the process for receiving compensation more appropriate and fair for all parties involved. This article explains some of the changes California personal injury law has undergone over the years.

Barring Admission of Defendant’s Sympathy: In 2002 the state of California reformed personal injury law to make expression of sympathy inadmissible as proof of fault. This means that any expression of sympathy or benevolence can’t be provided to the court as proof that the defendant accepts responsibility for causing pain or injury.

Product Liability Reform: Although this product liability reform was enacted in 1986, it still has an impact on the type of personal injury cases that are filed and litigated to this day. This reform states that products such as cigarettes or alcohol are known to be unsafe by the general public, and therefore a plaintiff does not have the right to sue for damages cause as a result of their use.

Medical Liability Reform, Noneconomic Damages Reform: This 1975 reform placed a cap on the amount of compensation a plaintiff can receive for noneconomic damages in a medical liability reform. This limits plaintiffs to seeking a maximum amount of $250,000 for noneconomic damages.

Because of the constant changes and reforms personal injury laws undergo, it is important that you have an attorney representing you that is up to date with changes and how the laws will affect your claim. If you have questions about personal injury laws in California and Orange County, contact a personal injury attorney as soon as possible.

This article has been provided by the Orange County personal injury law firm of Frank Nicholas, 949-477-2277, www.FrankNicholas.com.

Patrick S. Valencia:  San Jose Criminal Defense Lawyer

Admitted:
1983, California; U.S. District Court, Northern District of California;
2007, U.S. District Court, Central District of California

Education:
Santa Clara University, J.D. 1983
Santa Clara University, B.S. 1979

Member:
State Bar of California

Patrick S. Valencia, experienced Criminal Defense Attorney in San Jose, practices in the following areas of law: Criminal Law, Drug Crimes, Theft, Internet Crimes, White Collar Crimes, Juvenile Crime in San Jose, Assault, Domestic Violence, Homicide, and San Jose DUI.

Valencia, Ippolito & Bowman
4991 W. Hedding, Suite 202
San Jose, CA 95126
Phone: 408-920-9720

Will I lose my house if I file for bankruptcy?

A major concern for many debtors contemplating bankruptcy is whether or not they will lose their home in the process. Luckily, bankruptcy may not result in this devastating consequence. There are factors involved in the foreclosure process. If the equity (value over the sum of secured debts, cost of selling the house) in the house is exempt and you continue to make payments on the house, the trustee will not attempt to sell it to pay creditors.

Even though you may be able to keep your house, you must realize that bankruptcy does not disturb the lien, which is the personal property interest that secures a debt. You must still make mortgage payments. In essence, the lender is “abandoning” the house to you, allowing you to keep your house on the condition that you maintain mortgage payments. Thus, even after filing for bankruptcy, the mortgage lender still has rights in the property; this includes the right to foreclose if you stop making payments.

Foreclosure is not beneficial for anyone involved. For this reason, a secured creditor wants you to keep the house and keep paying the loan. They are not looking for an excuse to foreclose; this is considered the last option when a debtor fails to make payments. If you are behind in your payments and you want to keep your house, consider filing for Chapter 13 bankruptcy as opposed to the more popular, Chapter 7. Lenders make money when a loan is paid on time, not when they are obtaining property. Generally, no lender deliberately wants to obtain your property. As long as you make payments on time, you can remain in your home. Establishing trust and reliability is a key factor in keeping your home and rebuilding your credit.

This article has been provided by Raleigh bankruptcy lawyers Howard, Stallings, From & Hutson, P.A., 919-821-7700, www.hsfh.com.

New Bankruptcy Laws – Can I still file?

For many, there is a common assumption that bankruptcy under the new laws is making it more difficult to file Chapter 7. There are more hoops to jump through under the new laws, resulting in some people having to file for Chapter 13 bankruptcy instead of the more common, Chapter 7. However, for the majority of bankruptcy filers, the option of Chapter 7 is still available.

Some filers with higher incomes are no longer allowed the option of chapter 7. Instead, they will have to use Chapter 13 to repay some of their debt. All debtors must get credit counseling before they can file a bankruptcy case and additional counseling on budgeting and debt management before their debts can be wiped clean. The new laws also impose new requirements on lawyers, making it more difficult for debtors to find an attorney to represent them in their bankruptcy case. There are also more precautionary measures making it more difficult and time-consuming to get rid of debts. The laws are trying to prevent the growth of repeated offenders, while also trying to make it the last possible option for all debtors.

There are a few important changes under the new laws:

In the past, most filers could choose the type of bankruptcy that seemed best for them. This resulted in a majority choosing Chapter 7 (liquidation) over Chapter 13 (repayment). Now, a person’s income, result of the means test, and credit counseling are taken into consideration.

Income

Measuring a filer’s current monthly income against the median income for a household of their size in their state, is the first step in figuring out if they can file for Chapter 7 bankruptcy. Those who qualify have an income that is less than or equal to the median income. If it is more than the median, the filer must pass “the means test.”

The Means Test

The means test figures out whether a filer has a sufficient amount of disposable income, after subtracting certain expenses and required debt payments, to make payments on a Chapter 13 plan. To find out whether you pass the means test, you subtract certain allowed expenses and debt payments from your current monthly income. If the income left over from the calculations is below a certain amount, you are eligible to file for Chapter 7.

Counseling

Even if a repayment plan is not feasible or you do not want to pay unfair debts, you are required to go to credit counseling. You are only required to participate and do not have to go through with the proposed repayment plans. After the session, the debtor submits the certificate of completion and presents the repayment plan to the court, before filing for bankruptcy. Towards the end of the case, another counseling session is required in order to learn about personal financial management. After this session, you will be able to wipe out your debts.

This article has been provided courtesy of Raleigh bankruptcy attorneys Howard, Stallings, From & Hutson, P.A., 919-821-7700, www.hsfh.com.

Automobile Accidents

There are eight million people who live in New York City, and if you’ve spent any time there, you know it seems as if there are also eight million drivers caught crawling along on its streets.  So it is not surprising to find out that according to the New York State Department of Motor Vehicles (www.nydmv.state.ny.us), in 2007 there were nearly 80,000 total motor vehicle accidents.  Of those, however, only 264 involved fatalities.  52,711 accidents caused personal injury, and more than 26,000 resulted in property damage.  Of the accidents involving personal injuries, some 3,500 resulted in what is classified as “serious” injury, with 5,700 classified as “moderate.”  The most prevalent reported contributing factor?  Driver inattention.

Pedestrians did not fare well either.  11,035 accidents involved pedestrians and motor vehicles. 135 pedestrians were killed in the accident.  Almost 3,000 involved bicycles and motor vehicles, and 25 cyclists were killed.   Males, particularly between the ages of 21 and 49, accounted for by far the largest number of accidents, and 80% of the fatalities.

Slip and Fall Cases

A slip and fall case is a type of premises liability case, where a person is injured because of a dangerous condition on someone’s premises.  A slip and fall can result from icy conditions, wet conditions, unsafe walkways or staircases – a quick slip with long-term serious injury consequences.  In New York City, slip and fall cases cost the City about $70 million for 2005, according to the New York Daily News.  Sidewalk lawsuits accounted for $68.2 million, with an average payment of $30,637 for the 2,226 cases where damages were awarded.  In the prior fiscal year, NYC paid $71.6 million for 2,581 cases, for an average payment of $27,741.

This article has been provided courtesy of NY Accident attorneys Pulvers, Pulvers, & Thompson LLP, 866-642-5604, www.pulversthompson.com.

California Auto Accident Laws – Things you should know about accidents

Getting into an auto accident is often just the beginning of a confusing legal process that leaves some people shaking their heads in anguish. Reaching a fair settlement in an auto accident often involves navigating the complex terrain of accident laws and insurance policy regulations.

The Los Angeles auto accident attorneys at Law offices of Cavalluzzi & Cavalluzzi represent accident victims in the LA area and help them recover their damages. We strive to be as forthcoming as we can with the legal complexities and devote this article to explain some key things you should know about auto accident laws in California.

What is pure comparative fault?

Pure comparative fault is a distinctive aspect of California auto accident law that limits the amount of recovery by the amount of fault for accident victims.

Consider the following example: Person A was awarded a $100,000 settlement for their auto accident injury. But Person A was also found to be 20% liable for the accident. Therefore, the law deems that Person A is entitled to $80,000 of their settlement.

This simple example illustrates a much larger concept of how state laws settle matters of fault and liability during accidents. The general guidelines remain the same, but when an accident involves multiple drivers, injured parties, and various degrees of fault, it gets complicated.

Who pays?

The question on everyone’s mind is, “Who is going to pay for my injuries and damages?” The simple answer is the insurance company, but as to how much and what kind of damages is contingent on the type of policy coverage:

• Liability – typically pays for damages caused by the policy holder’s vehicle in an accident.
• Collision – typically covers all damages incurred to both vehicles & all passengers.

Insurance policies are vastly complex and can be far-reaching—meaning that your policy may cover a host of damages such as medical fees & property damage for all injured parties. On the other hand, a more modest policy may only cover a percentage of the total damages.

An attorney can help you fully understand the active policy and what you are entitled to recover.

Call 866-959-7304 for help with California auto accident laws.

There are all types of Saint Louis personal injury lawsuits; from slip and falls to more serious accidents. We all experience events like this at one point or another in or lives. One of the most forgotten types of personal injury, however, involves elevators. Although a great benefit for those who live and work in tall buildings, they can be cause of serious injuries and deaths.

The Law Office of Joseph L. Walsh has successfully handled elevator injury cases against companies that manufacturer and/or maintain elevators in tall buildings. It is important to get the name and addresses of any other passengers on the improperly functioning elevator so that they can corroborate the malfunction that gave rise to your injury. You should also get the identification of the elevator car that you were riding at the time of the incident so that it can be specifically identified later on during the investigation and discovery process of your claim. Many buildings have numerous banks of elevators that service different floors so it can be all the more confusing days, months or even years after the accident to recall which elevator malfunctioned. Write down the identification information listed inside the passenger compartment before you leave the scene if at all possible.

If you are facing personal injury litigation in Saint Louis, contact us immediately. We can help. As your attorney, your needs will always come first.

Joseph L. Walsh III, P.C. -  injury attorney in saint louis
4399 Laclede St.
St. Louis, MO 63108
888-897-5065

JosephLWalsh.Com

Jeff Crabtree has lived in Hawaii for over 40 years, and he has been a practicing attorney in Honolulu, Hawaii for over 25 years. After practicing civil litigation with two Honolulu law firms, Jeff  established his own law practice. He now represents plaintiffs in serious Honolulu personal injury and wrongful death claims, medical malpractice and other professional negligence claims, and in consumer protection cases, especially those related to Hawaii lemon law and automobile fraud.

Jeff Crabtree has attained an AV rating, which is the highest rating available for attorneys by Martindale-Hubbell, the national register of attorneys; an AV rating indicates a lawyer with preeminent legal ability and the highest professional and ethical standards. Additionally, Mr. Crabtree is frequently called upon to share his knowledge by speaking and participating on legal panels at seminars.

His was educated at both Williams College and University of San Francisco, where he graduated with the honors of Dean’s List, Magna Cum Laude. He earned his J.D. at New York University School of Law in 1979 with honors in Root-Tilden Scholar in Public Interest Law.

Giving back to Hawaii is very important to Mr. Crabtree. He taught Law & Modern Society at Punahou School from 1991 to 2000, and gives community presentations at local organizations. Mr. Crabtree successfully brought the first “Right to Die” case in Hawaii and was involved in lobbying for the passage of Hawaii’s Living Will law. He has also given many presentations to local senior citizens groups and other community clubs on a wide variety of legal topics.

• Recipient, Pro Bono Award, Volunteer Legal Services of Hawaii, for exceptional service to the citizens of Hawaii, 2005
• Recipient, Hawaii State Bar Association’s Justice Award for free legal work to the community, 1991

If you want to learn more about Honolulu personal injury and Hawaii lemon law, contact the Law Offices of Jeff Crabtree, Attorney at Law.

Law Offices of Jeff Crabtree, 820 Mililani Street, Suite 701, Honolulu, HI 96813, Phone: (808) 536-6260.

Top Five Mistakes Made by Pennsylvania DUI Defendants

• 5. Driving a Car after Drinking Alcohol. This one is admittedly obvious. But in today’s legal environment, the consequences of a DUI conviction can be devastating, often causing a driver’s license suspension, increased car insurance rates or cancellation, and a loss of employment. And with a legal limit of 0.08%, it only takes a couple of drinks (or less) to be in violation of the law.

• 4. Failing to Strictly Follow the Rules of the Road. Most DUI arrests take place at night, when police are on the lookout for drunk drivers. In other words, the cops are looking for a reason to pull you over. Don’t give them one.

• 3. Performing Field Sobriety Tests (FSTs). Not to be confused with chemical tests (see #7, below), FSTs are completely voluntary. Also, many adults are not capable of “passing” these tests even when completely sober. The police officer will almost always testify that the defendant failed all of the tests, and this serves to bolster the prosecution’s case. Most accused drivers would be well advised to politely refuse to perform these tests.

• 2. Refusing to Submit to a Chemical Test. Pennsylvania has an “Implied Consent” law. This means that, by driving on a road in Pennsylvania, you have implicitly consented to submit to a blood, breath, or urine test if requested by a police officer who reasonably suspects you of DUI. The consequences of a Chemical Test Refusal include a driver’s license suspension, in addition to any suspension that may be imposed upon conviction in criminal court.

• 1. Failing to Contact a Pennsylvania DUI Attorney as soon as possible after the arrest. Many people arrested for DUI in PA put off contacting an attorney because they are afraid, embarrassed, or simply busy with other things. Some make the mistake of thinking that a first-offense DUI is “no big deal.” As an experienced PA DUI attorney, I can assure you the prosecutors and courts don’t feel that way. Even under the ARD program, there are steps that can often be taken to reduce the consequences to the defendant, and this can mean the difference between losing your job or not. I have personally witnessed unrepresented DUI defendants suffer increased community service hours, fines, driver’s license suspensions, and jail time that could have been avoided with the services of a good lawyer.

Pennsylvania Drunk Driving Lawyer Richard Emhof has the experience and knowledge to achieve the best possible result in your case. The initial consultation is free of charge. Contact us today online or call 1-866-457-9957 to discuss your case.

At the Denver wrongful death law firm of PURVIS • GRAY, LLP, lead attorney, James G. Heckbert, has obtain significant verdicts for victims.  Some of the verdicts were results from wrongful death, accidental death, medical malpractice and auto accidents.

1. $6.5 million verdict for a 10-year-old victim of pediatric medical malpractice. This case was the subject of a segment on NBC’s Dateline television program.
2. $4.9 million verdict for the victims of a natural gas explosion.
3. $3.675 million verdict for motorcyclist injured due to defective Harley-Davidson motorcycle. This case was the subject of a segment on CBS’s 60 Minutes television program.
4. $3.59 million verdict for a policeman mistakenly shot by a fellow policeman. This case was the subject of a segment on CBS’s 60 Minutes television program.
5. $3.1 million verdict for motorist injured as a result of state’s failure to fence elk from highway.

A Denver wrongful death attorney can represent spouses and their children in wrongful or accidental deaths.

PURVIS • GRAY, LLP located at 2150 W 29th Ave. Suite 500, Denver, Co 80211, 866-788-7616.