Personal Injury Costs $671 Billion Dollars In The United States

Personal Injury Costs

Personal Injury Costs In the U.S.

According to two new Morbidity and Mortality Weekly Reports (MMWR) reports, for 2013 $671 billion were the total costs of personal injuries and violence in the United States. Fatal injury costs was $214 billion and nonfatal injury costs were over $457 billion

The numbers for the United States are staggering, injuries, including all causes of unintentional and violence-related injuries combined, accounted for 59% of all deaths among persons ages 1–44 years of age. To put that into perspective that is more deaths than non-communicable diseases and infectious diseases combined. About 27 million people are treated in emergency departments and released, over 3 million people are hospitalized and more than 192,000 die as a result of unintentional and violence related injuries each year.

Deb Houry, M.D., M.P.H., director of CDC’s National Center for Injury Prevention and Control is reported as stating “The magnitude of costs associated with injury underscores the need for effective prevention. It is crucial that communities and states increase efforts to implement evidence-based programs and policies to prevent injuries and violence to reduce not only the pain and suffering of victims, but also the considerable costs to society.”

The two studies include lifetime medical and work loss costs for injury related deaths and injuries treated and released in hospitals and emergency departments, and provide costs by age, gender, and injury intent. Other key findings include:

Men accounted for 78 percent of fatal injury costs ($166.7 billion) and 63 percent of nonfatal injury costs ( $287.5 billion).

More than 50 percent of the total medical costs and work loss costs related to personal injury were attributable unintentional injuries, which I interpret mean negligent acts or omissions ($129.7 billion). The other causes of death included suicide ($50.8 billion) and homicide ($26.4 billion).

Poisonings from drugs, including prescription drug overdoses, accounted for 27 percent of fatal injury costs, transportation caused / related deaths account accounted for 23 percent of the costs and deaths related to firearm use accounted for 22 percent of costs.

Costs, for personal injuries that required hospitalization in 2013, were $289.7 billion. The costs for injuries that were treated and released in hospital and emergency departments were $167.1 billion.

Slip and Fall / Trip and Fall

Slip and Fall / Trip Fall Can Cause Fatal Injuries

Slip and Falls and Trip and Falls account for 37 percent of costs associated with emergency room care. Transportation-related personal injuries, automobile accidents, car crashes, motorcycle accidents, public transportation accidents accounted for 21 percent of the costs associated with emergency department treatment for nonfatal injuries.

The chart below shows that personal injury is the #1 killer of children in the United States.

Personal Injury - Children

Personal Injury – Children

As you can see the economic toll associated with personal injuries is staggering. In addition to costs associated with accidents, the human toll is even greater, considering the pain and suffering the victims and their family goes through. An ounce of prevention is worth a pound of cure. It is important that we all act in way that helps reduce and prevent injuries whether the result of negligence, violence or unfortunate incidences.

As an experienced Pasadena personal injury attorney, I know how accidents can cause severe personal injuries, for more than three decades, The Law Offices of Richard M. Katz has been her to help. If you or a loved one has suffered a personal injury or the loss of a loved one, for a complimentary assessment, kindly do not hesitate to provide me a call. 626-796-6333 or call me through my site http://www.lawyer-personal-injury-law.com.

 

AUTOMOBILE ACCIDENTS, SLIP AND FALL ACCIDENTS, PERSONAL INJURY CLAIMS – WHY IT TAKES TIME TO SETTLE THESE CLAIMS

Personal injury claims consist of many different types of claims. Those claims included automobile accidents; car crashes; motorcycle accidents, slip and fall accidents, trip and fall accidents, defective products, medical malpractice and many other types and kinds of accidents.

Ford_E-Series_Ambulance

Personal Injury Involving Ambulance Service

Generally, medical malpractice, elder abuse, defective drugs, train crashes and airplane crashes are handled differently then general personal injury claims. Personal injury claims such as automobile accidents; car crashes; motorcycle accidents, slip and fall accidents, trip and fall accidents and general liability claims I have found common factors in the claims handling process.

Often clients feel it “takes too long” to get their cases settled and sometimes feel that the “offers are too low.” First you should know that no two claims are the same. Claims like people are individual and unique.

Why it often takes a long time to settle many personal injury claims, such as automobile accidents; car crashes; motorcycle accidents, slip and fall accidents, trip and fall accidents and general liability claims, is because the claims settlement process requires considerable documentation. An insurance company rarely if ever accepts an attorney’s representations without supporting documentation. Often the smaller the claim, the more difficult it is to settle, particularly when it comes to the “pain and suffering” aspects of the claim. As well, contested liability claims are very difficult to settle the insurance carrier takes the position “our insured did nothing wrong.”

When it comes to claims handling it is constantly entertaining to see how different companies choose individuals to manage its finances: in banks, the lowest paid staff members are usually tellers and count the cash; in a storehouse, the shipping clerk sends out and receives everything owned by the company; and in most accounting departments, a clerk prepares and issue checks giving only the most brief review of the invoice before mailing. Well, the truth is that insurance companies handle personal injury claims including automobile accidents; car crashes; motorcycle accidents, slip and fall accidents, trip and fall accidents and general liability claims about the same way.

My experience has shown that the individual originally assigned to your case will not likely be the adjuster, who will ultimately be responsible for settling your claim. Often they assign a claim to an adjuster or clerk with little experience. In that last few years I have noticed a change with some personal injury insurance carriers and they assign your claim to a “team.” Unfortunately often the “team” has little experience. In any event, the first step in opening a personal injury claim requires the setting of an initial reserve. This requires assigning a value based upon the apparent seriousness of the loss, such as broken bones versus soft tissue only. Unless injuries are serious and self evident, initial claim evaluations made by the insurance company will be unrealistically low, which can lead to a problem settling your case down the road. We try to give the insurance company as much information known to us at the time of the incident but often the extent of personal injuries and other losses are unknown.

The days when these types of personal injury claims, such as automobile accidents; car crashes; motorcycle accidents, slip and fall accidents, trip and fall accidents and general liability claims. ln would be initially reviewed by a claims supervisor no longer exists. Years ago it would be usual for a claims supervisor to review a claim and designate an adjuster with the experience and ability to handle the claim to its conclusion efficiently.

TheBus_New_Flyer_D60LF_(080)_on_Kalakaua_Avenue_(Accident)_2011-05-14

Auttomobile Accidents Between Bues and Cars Are Common and Often Cause Personal Injuries to Drivers and Passengers*

Today with computer programs such Colossus and team approaches I have found that are still “levels of claims” adjuster. An assignment of claim should be based upon the complexity of the claim and seriousness of the injuries, however, often they base claim assignment exclusively on the expected value of the claim, i.e., the reserve the insurance company has set on the claim. By way of example, perceived small claims involving $5,000 or less may all be assigned to a very inexperienced claims handler, and we will call him Bill. But claims that say fall into the $5, 000 to $20,000 range may be assigned to a more experience claims adjuster. claims would be designated to James and more senior claims handler Susan would take the $20,000 to $75,000 claims and a supervisor would take all the claims anticipated to exceed $75,000 in settlement value. These “assignments” are done at the time the claim is initially submitted.

So what happens when your more than $20,000 claim gets assigned to “wrong level?”The fact that they have assigned your claim to an adjuster without sufficient authority does not mean that the adjustor is incompetent or that her supervisor does not respect her/his opinions. Therefore, attorneys need to work with the adjuster to enable them to evaluate your claim properly. Frequently cases / claims get reassigned to a different adjuster. The “new” adjuster now has to get up to speed on your claim.

Keep in mind that many adjusters have caseloads of more than a 125 files often higher, much higher. In order to settle a case, the adjuster needs “documentation.” This includes medical documentation for injuries, documentation for medical expenses, documentation for loss of income. Depending upon whom you have seen for medical care obtaining medical reports and medical records can be very difficult to get because the doctor’s office does not cooperate. I have had cases in which we wait months and months to get such documentation. The same is true for loss of income or for self-employed individuals who cannot provide documentation regarding loss of income. The insurance companies will not accept and pay claims that are not properly documented. All of this takes time. Sometimes clients are unhappy with the delays.

My experience has shown in personal injury cases, involving claims such as automobile accidents, car crashes, motorcycle accidents, slip and fall accidents, trip and fall accidents and general liability accidents, it is common for insurance adjusters to begin negotiations by making a very low first offer. Sometimes, the adjuster will deny all liability for the claim. These negotiation tactics often work because some personal injury attorneys out there accept the first or second lowball offer. Because we must tell clients of all offers, an impatient attorney or client to get, some money will take any amount, I think this is a mistake.

I have had personal injury claims in my office for more than a year but over weeks and months the offers increase often dramatically. I recently settled a personal injury automobile accident claim for $27,500.00, and the original offer on the case was $7,000.00. This case took almost 18 months to settle and the client was very anxious to have his case settled. This case has been through three different adjusters. At one point the client was willing to accept a far lower offer to “get it over.” I told him that it was not a good idea and please follow my advice. He did and we settled his case fairly.

However, as a claimant you need to keep in mind that as a lawyer we need to work with the adjusters to settle a claim.  Some of your reading this may believe that “if only my case got in front of jury” they would award me a lot of money. YOU ARE WRONG. On some cases, particularly smaller “fender bender” cases, resorting to litigation / filing a lawsuit is often losing proposition FOR YOU.

The fact is that personal injury claims such as involving claims such as automobile accidents, car crashes, motorcycle accidents, slip and fall accidents, trip and fall accidents and general liability accidents (Tort cases, as they are called) have been on the decline for decades. According to the National Center for State Courts (NCSC), tort cases declined by 25 percent between 1999 and 2008 and are still on the decline. The belief that juries or judges award large amounts is wrong. The fact is that most lawsuits result in comparatively small verdicts.

Lawsuits are very expensive. No law firm can afford to accept weak or frivolous cases. In California I have found that jurors are usually fairly smart, not easily fooled and are not very sympathetic with soft tissue personal injury claims. It takes the average lawyer and law firm between 100-500 hours of time and thousands of dollars in court costs to prepare for a trial. The entire process often takes between 2 and 5 years – even a simple fender-bender case. The expense for even a simple jury trial begins at around $15,000.00. Unless your case is in limited jurisdiction you need live expert testimony concerning medical care, treatment and charges. If you have seen several physicians, chiropractors or other healthcare providers, most or all need to be called at the time of trial. Expert fees even for treating physicians, chiropractors or other healthcare providers can run into thousands of dollars.

Current studies show that personal injury claims involving back and neck strains in California have a median verdict of $10,885 ! ! ! So a jury trial can cost more than you are likely to recover. Now some of you may be thinking that does not happen often, YES IT DOES. Here are some examples:

2012 Corbin v. Pascarella $10,400 Verdict. The defendant hits plaintiffs’ vehicle in an intersection. Plaintiff’s 13-year-old daughter claimed lower back, necks, and shoulder pain because of the collision. Plaintiff (mother) settles her claim before trial. A Los Angeles County jury awards $10,400 to the daughter

2012 Messina v. Bayne $11,430 Verdict. Plaintiff is stopped with traffic when his vehicle is hit from behind. Initially plaintiff only took one day off and returned to his work at a supermarket. Shortly after the incident he sees a chiropractor for four visits. Plaintiff claims a “10 out of 10” on the pain scale. He changes chiropractors and gets additional treatment and he later takes an additional 11 days off of work. He receives physical therapy for about 8 months from February 2010 to November 2010. Defendant / Farmers Insurance Company contests the need for the “second” chiropractor visits and treatments. Defendant / Farmers Insurance Company denies that the plaintiff’s claim for lost wages beyond the first day were unreasonable. The jury award likely shows what the jury thought of the claim. .

2013 – Reveles v. O’Neal $5,000 Verdict. Defendant driver crossed double yellow line and collided into oncoming car. The plaintiff suffered injuries. Plaintiff had medical bills of about $70,000, but the medical expenses were not allowed to go to the jury because a medical expert was not called. The injuries appeared to be mainly soft tissue. A San Diego County jury awarded $5,000, which is paid by defendant’s insurance, Commerce West Group.

THE TAKE AWAY?

Be patient, and patience is a truly a virtue in settlement negotiations. Although you may “need” the money now, it is rarely to your advantage to “hurry through the process.” Allow your attorney to their job. Most attorney’s will give you good advice on these types of claims.

Believe me, claims adjusters are pretty good at sensing anxiety. If your attorney shows anxiousness, the adjuster will likely change her/his focus away from the settlement, and on the sense of desperation. The adjuster will likely then base further settlement discussions on that sense of anxiety, rather than the facts of the claim.

Does the adjuster have to treat you / your claim fairly? The simple answer is no. Under California law on third party claims, law does not bind the adjuster to treat you fairly. California does not recognize third party bad faith claims.

My advice is simple, stay calm. If you have trust and faith in your attorney allow him or her to do their job. If you do not have confidence in your attorney, well that is another story for another day.

In the event you have suffered or a loved one has suffered a personal injury from any type of incident (automobile accidents; car crashes; motorcycle accidents, slip and fall accidents, trip and fall accidents, defective products, medical malpractice and many other types and kinds of accidents) you should contact a personal injury attorney.

Richard M. Katz, Esq.,  is a Pasadena personal injury lawyer. We handle personal injury claims we specialize in accident, medical malpractice and Kaiser Permanente malpractice claims.

I am here to answer your questions and give you help. For a free consultation, please feel free to give me a call. 626-796-6333. My office is located at 1122 East Green Street, Pasadena, California, 91106

*The Bus New Flyer Accident, public domain, by Daniel Ramirez

 

How Do I Know if I Have a Personal Injury Case ?

Many who have suffered a personal injury ask the question, How Do I Know If I Have a Personal Injury Case?

As a general rule the laws in all states provides a mechanism for people to obtain monetary compensation if they have been injured because of someone else’s negligence. The negligent act can range from driving car, to unsafe premises, to professional negligence. By way of example, I am talking about car accidents, slip and fall accidents and medical malpractice. If you have been physically hurt or injured as a result of a careless or negligent act, then you may have the right to claim compensation for your injuries.

Keep in mind that every personal injury case is different. A valid and compensable claim depends upon the facts in your specific situation. Although personal injury claims have common elements each type of personal injury claim (automobile accidents, trip and fall, medical negligence, etcetera) has specific laws that apply to the type of claim. This is why it is important to consult an experienced personal injury attorney, such as me, Richard M. Katz, Esq. at the Law Offices of Richard M. Katz to discuss a potential claim you may have. Our telephone number is 626-796-6333 and our website is lawyer-personal-injury-law.com.

Some of the common and main issues in establishing a personal injury claim include:
1. Liability, that is who is at fault?
In any personal injury claim arising from an accident or incident an individual or organization can be held legally responsible for your injuries and damages. If you can prove negligence. Sometimes negligence is referred to as the “failure to act in a reasonably prudent fashion.” Although the language may vary on the type of claim you have, essentially this is what must proven. Whether someone or an entity acted “negligently” is based upon the facts. For instances, in a car accident if speeding or following too close was the cause of the accident, probably negligent. For a trip and fall or slip and fall case a dangerous condition created by the owner of the property or failure to fix a bad staircase, probably negligent. In a medical malpractice claim a physician who fails to act as a reasonably prudent physician in the same or similar circumstances probably negligent. Ultimately the questions posed are the facts sufficient enough to prove that an individual, or organization, was in whole or in part responsible for your personal injuries. Keep in mind that in California and many other states you can pursue your claim even if you were partially at fault for the incident. The laws in many states, including California provide immunity (does not allow a claim to be brought) to certain entities or people. This is why it is important to consult an experienced personal injury attorney who can evaluate your specific case.

2. Does it Make Economic Sense to Purse a Claim, That Is What Are the Nature and Extent of Damages?
Even if you feel that someone has acted negligently and caused you harm, the injuries, losses and damages stemming from the negligent act may be minimal. For instance you are in a car accident, hit from behind, it was a light tap, your car suffered no property damage and you were a little sore for a day or two. It is very likely that the costs involved in prosecuting a lawsuit may be more than the monetary damages you could recover.

3. Do I Still Have Time to Bring an Action, That Is What Are Statute of Limitations?
California like every state has a statute of limitations for every potential claim. Generally a lawsuit or claim must filed within the “window of time” allowed for a particular claim. The time limits are different depending on the nature of your case i.e. auto accident injury, medical malpractice, product liability claim. Is a governmental entity involved? It is critical to know the time limitations applicable to your claim because if a timely action is not brought or filed before the applicable statute of limitations has run, it is likely that your claim will be forever barred. Another good reason to consult an experienced personal injury attorney.

If you have questions about your personal injury matter, you need to speak to an experienced personal injury / medical malpractice attorney who can help you evaluate your situation and provide you with your legal rights and options. Remember consultations are free so there is no charge to have your case reviewed by me. I, Richard M. Katz, Esq., am here to answer your questions and give you help. For a free consultation, please feel free to give me a call. 626-796-6333. I look forward to talking to you. Our website is lawyer-personal-injury-law.com

Do I Have A Case? Premises Liability

Who is responsible for accidents that occur on or around buildings and grounds?

We often refer to personal injury accidents that are caused by a defective condition or a dangerous condition on property, either outside, such as a sidewalk or parking lot or inside a building, as “premises liability” accidents. These premises liability accidents can occur at commercial buildings (stores or offices), commercial venues (amusement parks or water parks) residences (private homes or rentals), or on public property (parks, streets, or public transportation facilities).

Many circumstances can cause a dangerous condition on premises, such as — unsafe design, poor construction or poor building materials, improper maintenance, improperly managed amusement rides. Dangerous conditions on premises can lead to many types of personal injury accidents including slip and fall, trip and fall, being hit by an item falling on you or any number of ways.

It may surprise you to learn that in order to recover for personal injuries suffered on another’s property you must prove that they were negligent in the use and management of their property. Sometimes the property owner / possessor of property is responsible and sometimes not. Premises liability personal injury claims are very dependent on the facts and circumstances surrounding the incident.

Generally the owner or possessor of a property has a duty to anyone who enters the property not to expose that individual an unreasonable risk of harm because of condition, construction or design of the property. The logic for the rule is understandable: The owner or possessor of the premises has complete control over of the premises and is in the best position to maintain and control the premises. A visitor at someone else’s property has a right to assume the property is in a reasonable safe condition for its intended use and purpose.

Nevertheless, a visitor must use the property properly. This can be somewhat moderated depending upon the age of the visitor. However, as a rule the conduct of the injured person can be an issue. By way of example, if a person gets injured while acting in an unexpected, unauthorized, or dangerously careless way, the property owner or occupier will probably not be responsible for the injury.

Under California law the owner (owner, possessor, renter, governmental entity) of a premise or location is not “automatically responsible” for the injuries suffered by a customer or a pedestrian. The California Supreme Court in Ortega v. Kmart (2001) 26 Cal.4th 1200 [114 Cal.Rptr.2d 470, 36 P.3d 11] set forth the law for slip and fall / trip and fall claims. Ortega involved a store in which a patron suffered an injury because of a slip and fall accident.

The Court stated that “It is well established in California that although a store owner is not an insurer of the safety of its patrons. (Ortega, supra, 26 Cal.4th at p. 1205.” The Court went on to state “Because the owner is not the insurer of the visitor’s personal safety, the owner’s actual or constructive knowledge of the dangerous condition is a key to establishing its liability.” (Ortega, supra, 26 Cal.4th at p. 1206). The Court further held that “Courts have also held that where the plaintiff relies on the failure to correct a dangerous condition to prove the owner’s negligence, the plaintiff has the burden of showing that the owner had notice of the defect in sufficient time to correct it.” (Ortega, supra, 26 Cal.4th at p. 1206.)

In the case of Getchell v. Rogers Jewelry (2012) 203 Cal.App.4th 381, 385 [136 Cal.Rptr.3d 641], the Court held that “Generally speaking, a property owner must have actual or constructive knowledge of a dangerous condition before liability will be imposed. In the ordinary slip and fall case, . . . the cause of the dangerous condition is not necessarily linked to an employee. . .”

If you have been injured because of a premises accident at a commercial building (store or office), or at a commercial venue (amusement park or water park), or at a residence (private home or rental), or on public property (park, street, or public transportation facility), you may be thinking “Do I have a case?”

Consider this an owner / possessor of property will be found negligent in the use or maintenance of their property if 1) a condition on the property created an unreasonable risk of harm; 2) the owner / possessor knew or, through the exercise of reasonable care, should have known about the dangerous condition; and 3) the owner / possessor failed to repair the condition, protect against harm from the condition, or give adequate warning of the condition.

The Law Offices of Richard M. Katz has had many successful claims against property owners over the years we have had successful results against governmental entities, private homeowners, builders, amusement parks and venues. Some of these cases resulted in death and serious injury. If you or someone you know has been injured or killed possibly on someone else’s premises please give me a call for a free consultation. Please contact Richard M. Katz, Esq. at 626-796-6333 so that my office can help protect your legal rights.

Visit us at our website at  http://www.lawyer-personal-injury-law.com

Sympathy Does Not Work at Trial! I Dare You to Watch “Le poids des apparences | The importance of appearances”

I always tell my clients sympathy does not work at trial.  Although an initial reaction of a judge or jury may be sympathy, the sympathy does not last long. When is the last time you saw a “homeless person?” Perhaps initially you felt some sorrow or sympathy but did you give them money, food or even the time of day? A shocking video proves what I have learned in over 35 years of practice.

In a staged event by a French comic, who goes by the name Norni Tube (at least on Youtube) in a short clip, entitled ‘Le poids des apparences | The importance of appearances.’ The video shows two scenarios. In the first “experiment” an actor is shabbily dressed.  His call for help are ignored by people walking by, you will actually see people looking over and “sneak” a look in his direction. Ultimately, the actor gets up and leaves. Later in the video, the same actor dressed as a business man, wearing a suit and tie again collapses at the  same location, this time people come to assist almost immediately.

Norni Tube stated in his description of the video (translated from French) ” I’ve never been so sad and shocked while filming as I was for this experience.
I hope this video will make you want to help anyone. regardless of its appearance.” 

 

 

Appearances

Please take the time to watch the ‘Le poids des apparences | The importance of appearances.’

Sympathy? What sympathy?

What would you have done?

 

 

Can I Sue? Can I Win?

Today I would like to talk about a frequent question that people ask of me regarding personal injury claims. The question that I often hear is “Mr. Katz, can I sue?”  An easy question to ask but not always an easy question to answer.

The first question that needs to be answered is what type of claim do you have?
An Automobile Accident? Car Accident? A Slip and Fall incident? Defective Product? Medical Malpractice / Medical Negligence? Kaiser Malpractice / Kaiser Negligence?

The First Question That Need to Be Answered is What Type of Claim Do You Have?
Do you have an automobile accident or car accident claim?
Do you have a slip and fall incident?
Do you have a claim regarding a defective product?
Do you have a medical malpractice / medical negligence claim?
Do you have a claim against Kaiser Permanente for malpractice / negligence?

Depending upon the type of claim you have, the facts of your incident greatly affect the strength or weakness of your claim. Some cases, depending upon facts, require the use of expert testimony to establish liability, this is overwhelmingly true in medical malpractice cases and defective product cases.

Do I Have a Strong Personal Injury Case?
In a personal injury action based upon negligence you must prove the elements of your claim to a judge or a jury. If any one element is missing, you cannot win.  By way of example, even if you can prove that the defendant was negligent but you did not suffer any injury  you will lose your case.

Basically the elements that you must prove at time of trial are:
Duty
Breach of the Duty
Causation both Legal and Proximate
Damages

These four elements are examined in greater detail below.
Duty
Did the defendant ( the other driver, property owner, doctor, nurse, healthcare provider, etc.)
owe a duty to you?  A duty of care arises in cases in which the law recognizes a relationship between the defendant and you, and because of the relationship, the defendant is obligated to act in a reasonably careful manner in regard to  plaintiff.

A driver on the road owes a duty of due care to other folks on the road or street including motorists and pedestrians for instance.  A property owes a duty of due care to people coming onto the property and must inspect and correct dangerous conditions that exist on the property and keep in the property in reasonably safe condition. A doctor or other health care provider owes a duty of due care to their patients.

Breach of the Duty
A defendant is will be held negligently responsible if the defendant breaches the duty of care owed to the plaintiff. A defendant who fails to act as a reasonablely prudent individual in the same or similar circumstances breaches their duty. Generally speaking whether a defendant breached a duty of care is a question of fact. In some cases depending upon the facts and circumstances, we need expert testimony to establish breach of a duty, and this is often true in medical malpractice claims.

Causation – Substantial Factor 
A injured party must show that the defendant’s acts or omissions were a substantial factor in causing injury. A substantial factor in causing harm is a factor that a reasonable person would consider to have contributed to the harm. It must be more than a remote or trivial factor. It does not have to be the only cause of the harm.

Often an injured party believes that because a physical issue arose after an incident the defendant must have caused the problem, this is not necessarily so. Often we need expert testimony by treating doctors to establish a causal relationship between an incident and injury. The same applies for claimed economic losses. If you cannot prove that the defendant’s actions were a substantial factor in causing your claimed damages then you cannot win on those claims.

Damages
You must prove that the negligent act of the defendant caused you harm, usually as physical injury to a person or to property. It is not enough that the defendant was negligent, i.e.,  failed to exercise reasonable care. For instance, suppose a doctor negligently gives you the wrong prescription and you go to the pharmacy to have filled. The pharmacy catches the error and calls the doctor and they give the correct medication to you. Also assume that had the wrong prescription be given to you, and you would have died! In my opinion you have no case because the doctor’s failure to exercise reasonable care did not result in actual damages, now had you taken the wrong medication and you died, well . . .

Conclusion
Whether you can sue and win, depends ultimately on facts or your individual claim and the relative strengths or weakness of each element of your claim.

Should you wish to discuss your matter with me, give me a call at 626-796-6333

WHY HIRE A PERSONAL INJURY ATTORNEY? YOU WOULD NOT OPERATE ON YOURSELF, WOULD YOU?

Trying to decide whether to hire a personal injury attorney / personal injury lawyer?

There are many types of personal injury claims.   Claims can arise from car accidents, slip and fall accidents, dangerous premise conditions, workplace accidents (even if you have a worker’s compensation claim, you may have a “third party claim”), airplane, bus and train crashes, construction accidents, fires, food poisoning, drug or vitamin overdoses, animal bites, criminal acts and assaults and medical malpractice to name several.

You have been involved in an incident and suffered personal injuries and are trying to decide whether to hire an attorney. Well, it is probably a good idea to consult with a personal injury who has familiarity with your type of claim. The consultations are usually free.

He or she will review the facts of your matter. Generally an attorney will initially look at three issues. They are, was the other party negligent? What are the nature and extent of damages? Is there a relationship between the incident and the claimed injuries.  After this analysis an attorney can make an assessment of the relative strengths or weaknesses of a claim and whether the claim had merit.

If an attorney concludes that the facts do not show someone was negligent, even if you suffered injuries, there is no case.  In other words, you would have trouble making a case against an owner of a store if you spilled water or salad oil on the ground and then slipped and fell because of the spill. However, if the store owner had failed to fix the plumbing in the building and the water was on the floor because of leaky plumbing or one the store’s employees had spilled salad oil and nothing was done promptly to address the condition, then you possibly have a viable claim.

Many variables can come into play in determining negligence and often you may think that there was no negligence by anyone when there actually was.

I myself, have handled cases over the years in which folks did not think they had a case.  However, they had suffered serious injuries, and they decided to contact me. After hearing the facts, I thought that there might be a viable claim.  Following an investigation and research and believing the cases had merit, we have pursued an action. I will not go into the cases, but suffice it to say, we went to obtain a recovery for our clients.  I might add that we took the cases on contingency basis and advanced all costs.

The point is if you have been injured, you should seek the advice of a competent personal injury attorney even if you do not think that there is anyone at fault. Only a good experienced personal injury attorney can evaluate your potential claim We are here to help, give me a call.
Richard M. Katz, 626-796-6333 or visit our website  www.lawyer-personal-injury-law.com

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