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. In California, 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.
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.
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.
Car 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.
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.
Construction Accidents
This area of law deals with obtaining compensation for injuries caused by the negligence, carelessness and/or intentional misconduct of builders, general contractors and sub contractors. There are many special laws and regulations which govern the responsibilities of builders and contractors. The violations of these laws and regulations establish liability against these individuals and companies. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
