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We believe in aggressive preparation of the
clients engaged in litigation. We believe that the best prepared
client along with the right facts make a world of difference in
the outcome of any case. We go to bat for our clients.
We have dedicated this Web page to assist clients seeking assistance
in various areas of law.
TORT/PERSONAL INJURY/WRONGFUL
DEATH
Personal Injury claims arise from an accident involving
an auto, product, airplane, and explosion or a watercraft.
Under the prevailing American System of law the
victim needs to prove three prongs of any Claim:
(a)
Liability
(b)
Causation; and
(c)
Damages
Liability is the fault. If the person contending to be the victim
is unable to prove fault, the Victim cannot recover, even though
the injuries are horrific. However, if fault is established, the
victim may recover.
California is a "Comparative Negligence"
jurisdiction. If the negligent party is partially Negligent, let
us say 15, 50 or 75% negligent and the victim is also partially
negligent the Victim may still recover. The recovery, however will
be limited to the percentage of fault of The negligent party or
will be reduced by the percentage of negligence of the victim. For
Example: A caused a collision and B is injured. B's damages are
$100,000.00. A is 75% Negligent and B is 25% negligent. B will recover
$75,000.00.
However such formula is not generic and the jury
needs persuasion about the fault. Over The years we have seen juries
very sensitive to the need of credible and deserving claimants.
We have seen the following types of claimants generally rewarded
by the jury:
1. Honest.
2. Hardworking
3. positive and non malingering
4. Sincere
The following type of claimants is generally disliked
by any jury:
1. Dishonest
2. Malingering
3. Insincere
4. Compensation motivated, exaggerating.
The best cases are lost on claimants that ruin
the opportunity.
II CASE PREPARATION
Case preparation is very important in every case.
Lawyer and client must understand that the case is a joint venture
and success will depend on the level of preparedness of the party.
III EXPERTS
Many cases are won or lost on Expert testimony.
If your case needs an expert, you need a lawyer willing to put the
financial and professional commitment to the case.
IV ATTORNEY SELECTION
Your attorney must be experienced in the field.
You must verify the Trial experience of the lawyer. There are lawyers
willing to bat for you if your case is worthy. Some are afraid of
trials and financial commitments. This choice is critical to the
end result.
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