Alternative Dispute Resolution
Also known as "ADR"; methods by which legal conflicts and disputes are resolved privately and other than through litigation in the public courts, usually through one of two forms: mediation or arbitration. It typically involves a process much less formal than the traditional court process and includes the appointment of a third-party to preside over a hearing between the parties. The advantages of ADR are speed and money: it costs less and is quicker than court litigation. ADR forums are also private. The disadvantage is that it often involves compromise.
Brain Injuries and Head Injuries
This area of law deals with obtaining compensation for injuries to the head and brain caused by the negligence of others or a defective product. People who suffer head injuries or brain injuries receive compensation for medical care, medical treatment, medical bills, rehabilitation care and treatment, as well as pain and suffering damages and loss of income as appropriate. In some cases, punitive damages are recoverable.
Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance called cerebrospinal fluid. TBI can result when the force of momentum causes the brain to impact against the skull. This type of injury, often the result of hitting your head on the windshield, pavement, or object, is frequently referred to as a "closed head injury." Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems.
Burn Injuries:
People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation.
Consumer Protection
The area of law that focuses on the remedies available in most states and the federal government which have enacted laws and set up agencies to protect the consumer from inferior, adulterated, hazardous or deceptively advertised products, and deceptive or fraudulent sales practices.
Contract Disputes
An agreement between persons which obliges each party to do or not to do a certain thing. Technically, a valid contract requires an offer and an acceptance of that offer, and, in common law countries, consideration. More and more states are changing their laws to eliminate consideration as a prerequisite to a valid contract thus contributing to the uniformity of law. Contract law is the basis of all commercial dealings from buying a bus ticket to trading on the stock market. A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort.
Vehicle Accidents
The law of negligence typically governs legal claims that arise from vehicle accidents. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.
Vehicle accidents can include:
- Admiralty and maritime law
- ATV accidents
- Automobile accidents
- Aviation accidents
- Bicycle accidents
- Boating accidents
- Commercial bus accidents
- Cruise ship accidents
- Intersection accidents
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- Motorcycle accidents
- Pedestrian accidents
- Rear end collisions
- Semi-tractor trailer accidents
- School bus accidents
- SUV rollover accidents
- Train accidents
- Truck accidents
- Yacht accidents
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Automobile Accidents
This area of law deals with obtaining compensation for injuries caused by the negligence and/or carelessness of drivers and uninsured motorists. An injured person may recover as damages the costs of his or her medical care and treatment, past and future lost wages and pain and suffering.
Los Angeles car accident Attorney Scott Marks has years of experience and a successful track record representing clients who have suffered significant injuries in automobile accidents. The Marks Law Firm works closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury. The Firm possesses a detailed comprehension of California's automobile insurance and liability laws and understands the different sources of recovery available to car accident victims and their families.
Truck Accidents
This area of law deals with obtaining compensation for injuries caused by the negligence and/or carelessness of truck drivers and uninsured motorists. There are many laws which govern the responsibilities of truck drivers in the State of California. Violations of these laws can also be used to establish liability against the truck driver and the company he or she works for. An injured person may recover as damages the costs of his or her medical care and treatment, past and future lost wages and pain and suffering.
Motorcycle Accidents
This area of law deals with obtaining compensation for those individuals who are riding a motorcycle and suffer injuries caused by the negligence and/or carelessness of other drivers and uninsured motorists. An injured person may recover as damages the costs of his or her medical care and treatment, past and future lost wages and pain and suffering.
Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road. The lack of any substantial protective barriers, as well as the difficulty other motorists may have in seeing or stopping for a motorcycle, leaves riders prone to serious personal injury in the event of an accident. Southern California motorcycle accident lawyer Scott Marks can advise injured riders of their legal rights and discuss the litigation options that are available.
Construction/ On the Job Accidents
This area of law deals with obtaining compensation for work related injuries. Employers are not allowed to state that the injury was caused by the employee; instead, they are required to pay benefits to injured workers. Injured employees receive temporary benefits, medical care and disability benefits. Attorney fees are set by law.
Construction labor makes up one of the three most dangerous occupations in the United States today, producing thousands of debilitating injuries and wrongful deaths each year. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment. Farming and manufacturing accidents, as well as the oil and gas industry can also cause serious injury and toxic exposure.
Toxic Exposure
Due to the tremendous growth of the corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly. Some toxic substances are shown to cause substantial injury to people; i.e., lead-based paint linked to brain damage, especially in children; asbestos linked to lung cancer and restrictice lung disease; dry cleaning and other solvents linked to brain damage and major organ damage; pesticides such as dioxin and DDT linked to birth injuries and toxic landfill waste linked to leukemia.
Construction site personal injury law is not practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to improper legal counsel. Injured construction workers are urged to seek a personal injury attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases.
Defective Product Liability
This area of law deals with obtaining compensation for injuries caused by defective products. Under the law, manufacturers and sellers are responsible for defective products. A product may be defective in its design or manufacture. A product may also be defective as a result of an inadequate warning. A person injured by a defective product is entitled to receive compensation for the costs of his or her medical care and treatment, past and future lost wages and pain and suffering. In some cases, punitive damages are also recoverable.
Dog Bites
This area of law deals with holding owners of dogs responsible when their dogs bite people. People injured by dog bites receive compensation for medical care, medical treatment, medical bills, as well as pain and suffering damages and loss of income as appropriate. In some cases, punitive damages are recoverable against dog owners.
Every year millions of Americans are bitten by animals. Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effects. In the State of California, the owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone. As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained. Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring.
Insurance Bad Faith
This area of law deals with how insurance companies handle claims made under any insurance policy. Examples of types of insurance policies include automobile, homeowners, business, commercial general liability, errors and omissions and professional liability.
Under California law, insurance companies cannot refuse to pay a customer's claim without "reasonable justification." This means that an insurance company must engage in a reasonable investigation and pay legitimate claims in a timely manner. An insurance company must handle claims fairly and in good faith. The unreasonable handling of a claim, either through non-payment, denial of the claim, delay in paying the claim or providing a low settlement, is bad faith. Under the law, a policyholder or insured may seek recovery against their insurance company for monetary damages, attorney fees, emotional distress and punitive damages in cases where the insurance carrier has committed bad faith.
If an insurance company fails to handle its customer's claim properly, it may be held accountable for resulting economic losses, including lost wages, interest on money the insured borrowed to cover expenses while insurance benefits were wrongfully withheld, and loss due to damaged credit.
Legal Malpractice
The area of law that focuses on representing those legal professionals who have been accused of negligence, misconduct, lack of ordinary skill, or a breach of duty in the performance of a professional service resulting in injury or loss.
Medical Malpractice
The area of law that focuses on representing those medical professionals who have been accused of negligence, misconduct, lack of ordinary skill, or a breach of duty in the performance of a medical service or procedure resulting in injury or loss.
Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills, or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.
Examples of Medical Malpractice include:
- Failing to diagnose a tumor while reading an x-ray
- Puncturing a nearby organ or tissue during surgery
- Failing to order necessary and appropriate medical tests
- Failing to diagnose a condition in time to treat it properly
- Failing to refer a case to a medical specialist
- Prescribing incorrect medication
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- Brain Injury
- Birth Injury
- Cerebral Palsy
- Incorrect diagnosis that results in a failure to treat a medical condition
- Failing to properly administer anesthesia
- Emergency room negligence
- Dental Malpractice
- Cosmetic Surgery Malpractice
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Negligence
Not only are people responsible for the intentional harm they cause, but their failure to act as a reasonable person would be expected to act in similar circumstances (i.e. "negligence") will also give rise to compensation. Negligence, if it causes injury to another, can give rise to a liability suit under tort. Negligence is always assessed having regards to the circumstances and to the standard of care which would reasonably be expected of a person in similar circumstances. Everybody has a duty to ensure that their actions do not cause harm to others.
Personal Injury Accidents
This area of law deals with obtaining compensation for injuries caused by the negligence, carelessness or intentional misconduct of individuals or corporations. The personal injury attorney usually tries to negotiate with the opposing party or their insurance company. If necessary, and if the attorney thinks you have a good chance of winning, the case may go to trial. The main concerns in a personal injury case are negligence and liability. Before you can collect an award, your attorney will have to prove that the defendant is liable. To prove liability, the attorney must establish negligence. If there is a failure to exercise reasonable care to prevent injury or damage then there may be negligence. Once liability and negligence have been established, the judge or the jury may award money to compensate for medical costs, lost wages and lost future earnings as well as for pain and suffering. In some cases, punitive damages are also recoverable.
Premises Liability
Tort liability which is set upon the defendant without need to prove intent, negligence or fault; as long as you can prove that it was the defendant's object that caused the damage.
Slip & Fall and Trip & Fall
This area of law deals with obtaining compensation for injuries caused by the negligence, carelessness or intentional misconduct of store owners and home owners who allow a dangerous condition to exist on their premises. To be held responsible for a slip & fall or trip & fall accident, the owner of the premises must have had prior notice of the dangerous condition, ie., slippery floor, uneven surfaces, etc., and had enough time to remove the dangerous condition and/or warn of its dangerous before the accident occurred. An injured person may recover as damages the costs of his or her medical care and treatment, past and future lost wages and pain and suffering. In some cases, punitive damages are also recoverable.
Workers Compensation
This area of law deals with obtaining compensation for work related injuries. Employers are not allowed to state that the injury was caused by the employee; instead, they are required to pay benefits to injured workers. Injured employees receive temporary benefits, medical care and disability benefits. Attorney fees are set by law.
Wrongful Death
An area of law that seeks to provide compensation to the heirs of a person whose death was caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in California, the following elements must be present:
The death of a human being caused by another's negligent or intentional conduct.
The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.
The general rule in California wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions, which the decedent would have made to his wife, children and/or parents, had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.
