Sustaining a personal injury that warrants legal counsel is almost always a traumatic experience. “Pain and suffering” is more than a legal concept; it is a reality that victims of negligent conduct have to face, sometimes indefinitely. Courts are faced with calculating the harm caused to a person in dollars and cents, but at MPC Legal we understand that the harm many plaintiffs face is not susceptible to simple arithmetic.
The consequences of traumatic injuries can persist for the rest of a person’s life, with implications that ripple through entire families and communities. As a result, a court’s attempts to place a value on this harm are necessarily subjective. Not only do we understand this, but we know how to make the judge and jury understand it, as well, thereby increasing the value of your case and claim. We strive to rectify the harm caused to our clients through diligent and effective representation that minimizes additional harm in the form of legal fees and maximizes pecuniary compensation.
MOTOR VEHICLE ACCIDENTS
Automobile accidents are a leading cause of significant injury and death. Even what seem like minor car accidents can result in serious life changing injuries. Common injuries arising from automobile accidents include concussions, herniated discs, spinal fractures, and substantial neck, back, knee and shoulder injuries. If a driver is deemed to be at fault in a motor vehicle accident, and the victim’s injuries are proven to be caused by that car accident, then the victim may be entitled to recover substantial damages against the at fault driver.
Every motor vehicle collision case requires the victim to prove three things: liability, causation, and damages. The task of proving liability or fault in car accident cases can differ significantly, depending on the circumstances surrounding the collision. In some cases proving liability is relatively straightforward, such as when the victim is rear ended by another driver while fully stopped at a red light. In other cases, however, the question of fault or liability can become far more complex. In left turn cases, for example, where it is not clear which driver was lawfully proceeding at the time of the collision, thoughtful advocacy is necessary to prove the case and secure a remedy for the victim.
Like liability, depending on the circumstances, establishing causation can also be relatively simple or exceedingly complicated. Obvious injuries, such as bruises clearly caused by contact with a seatbelt, are more easily proven to be caused by the collision. Internal injuries, such as spinal damage, require more artful lawyering and expert assessment to meet the causation element. Proving causation in the latter category requires careful analysis of medical records and pre-existing medical conditions – something our team of experts is particularly suited to achieve.
The final prong of any motor vehicle collision analysis is proving that the victim suffered damages because of the car crash. The most obvious damages in car accident cases consist of medical bills incurred in treating for injuries resulting from the vehicle collision. There are, however, other types of damages, including pain and suffering and lost wages from being forced out of work, that victims often sustain from a collision and the resulting personal injuries. Proving loss of earnings requires careful analysis of records, such as wage history, to demonstrate the economic losses suffered by the victim as a result of the accident. Proving liability and causation means nothing without also proving resulting damages for our clients. Therefore, we employ a careful and focused approach to ensure that our clients are fully compensated for the damages they incur as a result of automobile collisions.
Our attorneys artfully combine the legal acumen required to prove the above elements with the compassion and understanding that is required to guide motor vehicle victims through the claims and litigation processes. We take a sympathetic approach to our clients’ situations and leverage that personal touch to more effectively advocate on their behalf.
WRONGFUL DEATH
The loss of a loved one is the most difficult event many of us will endure in a lifetime. What makes this worse is when the loss is caused by another person’s or entity’s negligence or other wrongdoing. In these situations, family members of the deceased may be entitled to recover monetary damages against the responsible person or entity in what is known as a wrongful death lawsuit.
A wrongful death claim requires family members to first establish that the death was caused by the negligence or other misconduct of another person or entity. Once causation is established, family members may recover a variety of economic damages, including funeral expenses and wages the deceased person would have earned or financial support he/she would have provided had the death not occurred. Wrongful death plaintiffs may also recover a range of non-economic damages, such as loss of the deceased person’s support and companionship.
Claims known as “survival” actions may also be available to the deceased person’s family members. These claims allow for recovery of damages incurred after the deceased person was injured but before their ultimate death. Examples of damages available in a survival action are medical bills and nursing home costs incurred prior to death.
Successfully prosecuting wrongful death and survival claims requires an expert knowledge of the complicated laws governing these claims. Perhaps just as importantly, these cases require unique compassion, sympathy and understanding to carefully guide already grieving families through the unfamiliar and adversarial litigation process. Our team of wrongful death lawyers combine their industry leading legal acumen with these personal characteristics to facilitate a smooth and comfortable process with grieving families, while remaining focused on securing financial compensation for them.
If you have lost a loved one due to the negligence or other act of another, our attorneys are ready to guide you through the wrongful death process and secure a remedy you deserve.
PREMISES LIABILITY
Property owners have a wide range of obligations under local, state and federal laws to ensure that others on their property remain safe. These laws are primarily focused on the central premise of keeping land and buildings safe for authorized visitors and holding property owners responsible for failing to do so.
Some of the most common premises liability cases involve slip and fall incidents, structural collapses, fires, exposure to toxic substances, electrocution, defective sidewalks, elevator and escalator falls and injuries caused by insufficient security. Regardless of the type, however, all premises liability cases require careful consideration of a multitude of facts that can be relevant in determining whether a property owner is liable for the resulting injury. Suffering an injury on the property of another, alone, is not enough to establish liability and recover damages. The injured person must also prove that the property owner was responsible for the injury. Property owners must use reasonable care in maintaining their premises in a safe manner, which typically means that they must use the same degree of care that a prudent property owner would use under the circumstances. Whether this standard is met requires a careful analysis of the circumstances surrounding the condition of the property and the resulting injury – something our premises liability team is uniquely positioned to handle.
Property owners are not the only parties who can be held responsible for injuries sustained in a premises liability case. In general, anyone who controls the property at the time of the injury can be held liable for injuries suffered on the property. In addition to the owner, this can include a tenant or a property management company.
A variety of damages are available to a premises liability victim who establishes that a property owner or other person or entity with control of the property is responsible for the injury. Available remedies include economic damages, such as medical bills, physical therapy, rehabilitation and lost wages, as well as non-economic damages, such as pain and suffering and loss of quality of life. In extreme cases, punitive damages may also be available to serve to punish a defendant for particularly wrongful or negligent conduct.
Premises liability cases often involve an insurance company that insured the property owner against injuries suffered on the property, adding another party and layer of complexity to these cases. The presence of insurance provides victims with another source of recovery, so they do not have to rely entirely on recovering damages from the property owner. At the same time, however, insurance companies are often better positioned than property owners to vigorously defend these lawsuits. Victims therefore need an advocate with the experience and expertise to deal not only with the defendant, but also aggressive insurance companies.
If you or someone you know has been injured on the property of another, we are ready to help. Call us at (818) 528-8700 for a free consultation and case evaluation.