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Unfortunately everyday around Fresno, there are car accidents and people injured because of the negligence of someone else.  If this has happened to you and you have questions read the blog below and give us a call at 559441-1418, we can evaluate your case and let you know your legal options to help you get the compensation to make you whole again.

In a car accident the other person must be at fault.  Usually after an injury accident there will be police report and in that report it will give some estimate as to who they believe is at fault for the accident.  This is key many times we have people come into the office attempting to get compensation and they were named in the report as at fault.

Sometimes it is unclear who is at fault for the the accident.  In those cases you may be able to get compensation for the car accident if it is provable who is at fault for the accident. 

IF THE OTHER PARTY IS AT FAULT WHAT DAMAGES CAN I RECOVER?

Past and future physical and pain and suffering damages, mental anguish and physical impairment,

Past and future medical, incdidental and hospital expenses

Property damages

Punitive Damages in cases of egregious conduct

We have settled these cases many times geting the money people needed to get there lives back in order.  We have done this through both settlement and trial cases.  The reason why people select us is because we represent people not cases, and the reason why we do this job is to get people throught this rough time in there lives. 

If someone else had caused your injuries give us a call and we will help you through this.

If you have been injured in an accident, give our office a call we have helped many people in the past and can help you. 

The phrase "personal injury" is a term that gets used alot in the Injury accident area of law.  What the term refers to is  the physical injuries and financial losses resulting from anothers reckless, careless, or intentional behavior that has caused you damages to which you need compensation from to make you whole again. 

To get that compensation from the other person whether they be a government agency, a private person or corporation you must be able to prove certain things:

The extent of your damages

How the harm was caused

That the other party was liable

legal responsibility of the other party does not require that you prove the other person meant to injure you.  Instead negligence is usually the standard. In other words, conduct that was unsafe, and unreasonable under the circumstances.   For example speeding and causing an accident, is sufficient to show negligence.

Once you have proven that another person negligently harmed you you  can recover certain damages. 

Past and future physical pain and suffering mental anguish incidental and hospital expenses.

past and future medical, incidental, and hospital expenses

past and future lost wages and lost earning capacity and

punitive damages in cases of egregious conduct.

If a person had dies as a result of the negligent or intentional conduct of another than a "wrongful death" claim may be appropriate.  Family members may be able to seek compensation for the loss. 

Some examples of Personal Injury cases would be

car accidents

truck accidents

motorcycle accidents

bicyclists hit by cars

pedestrian hit by cars

uber and lyft crashes

Some of the serious injuries we represent on clients on are following:

amputations

animal attacks

brain injuries

burn injuries and caustic burn injuries

Defective products

Contact us and we can sit down and give you an assessment of your case and evaluate your options.

Below I will discuss the liability of landowners for injuries occuring on sidewalks.  If you have been injured on a sidewalk give us a call so we can help you out.

559-441-1418.

DUTIES OF PROPERTY OWNERS TO MAINTAIN SIDWEWALKS

     Property owners have a general duty to maintain their property in reasonably safe condition.  California Civil Code section 1714 (a).  provides that everyone is responsible, not only for the result of his or her own wrongful acts, but also for injury occasioned to another by his or her lack of ordinary care or skill in the management of property.  In an lawsuit involving general negligence a defendant owes a duty to all persons who are forseably injured by defendants conduct. 

Under the theory of premises liability the premises owner, or possessor has the duty to exercise ordinary care in the management of the premises in order to avoid exposing person to an unreasonable risk of harm.  This is based upon the law of ownership and possession.  The owner of a property or possesor or landlord owes people on the land a duty to exercise due care to keep the premises in a reasonably safe condition that prevents them from injury while on the premises. 

As discussed above, although the property owner is not required to maintain a sidewalk in pristine condition the property owner must be reasonably free of defects that could reasonably inure a pedestrian. 

 

 

If you or a loved one has been a victim of a violent crime you may be entitled to compensation.  for example if you have been injured after an attack at a public place such as a mall, business venue, or other public place where the owners should have known of the dangerous conditions because of past problems on the premises. 

These lawsuits can be complex and difficult to navigate and you need someoene that has done these type of lawsuits in the past.  If you have any questions after reading this article give us a call. 559 441-1418. 

These type of lawsuits can even occur at sports venues.  You may have heard of the case of Bryan Stow.  Stow a Giants fan, was attacked outside of Dodger Stadium after the season-opening game March 31, and suffered life threatening brain injuries.  Stow is suing the Dodgers under the theory that the team cut back security, despite being aware of the dangerous condition of the parking lot, which was the site of previous assaults. 

In these type of cases where you are suing not only the perpetrator of the crime, but also the property owner, if the property owner was aware of the dangerous conditions on the property and did not take measures to address that problem; especially when the problem could have been easily been remedied. 

The person may be able to recover there damages due to the negligence of the owners. 

If you have any questions about this or other matters give us a call.

 

 

 

If you have been  injured in a vehicle crash caused by the negligence or recklessness of another person you may be entitled to compensation you should call our office at 559 441-1418 so that we can see if we can help you after a free case evaluation. 

Unfortunately, every day, cars trucks and bussses crash on the streets.  All to often the crashes are caused by the negligence or recklessness of another person.  Even people texting talking not paying attention etc. 

Some of the negligence we have seen invoves speeding, running red lights

texting and updating status on facebook while driving

sudden lane changes after not looking

stopping in the middle of the street

WHAT ARE SOME OF THE DAMAGES ALLOWED FOR THESE TYPE OF ACCIDENTS?

Under California law, persons that have been injured in a car accident as the result of anothers negligence,  including other persons, agencies, or corporations can recover damages for:

1. Past and future physical pain and sufferin, mental anguish

2. Past and future medical, incidental and hospital expenses;

3. Past and future loss of earnings and earning capacity;

4. Property damages:

5. Punitive damages in cases of egregious wrongdoing; and Wrongful death damages when the victim is killed.

We have successfully represented people injured in these type of accidents many of them even in different states such as Texas and so forth, we even work with other Attorneys at other Law Firms to combine forces to make sure you are adequately compensated for the damages caused. I know how devesting these type of cases can be to people and there loved ones.  We have represented enough people to understand this.  And all people have had a loved one affected by other peoples negligence.

Myself and the other Attorneys I work with have taken challenging complex cases to trial and prevailed.  And have settled many, many more cases. 

Here you will get the individual attention you need for your representation.

The reason I do this Job is to get peope through the most difficult and challenging times.  We  represent people not cases. And we help those people get the proper representation and the compensation you deserve.

We are here to serve you and offer a free case evaluation in order to better understand your goals of representation. We provide you with attentive individual attention.  Give us a call at 559441-1418 so that we can serve you and help you with your case.

 

      With all of the private cab compainies and uber and lyft and other cab companies, there is more than ever the concern over accidents occuring when taking these rides and if someoene is injured by one of these companies.  For example recently in the city of San Francisco there was an accident where the yellow cab crashed into a group of pedestrians in front of some office building in the financial district.  The cab actualy jumped the curb and smashed into pedestrians on the sidewalk, causing serious injuries.

     There could be several parties responsible for this horrible accident, the city, the driver, the cab company, and possibly more peopel depending on the circumstances.  Because there were major injuries you will have police agencies that will investigate.  This investigation will determine who was at fualt.  Thankfully, the cabs now are have "dashcams" and other electronic devices that record what is happening inside and outside a cab.   These can be looked at to determine exactly how the incident occured.

The video evidence can be helpful in determining if the cab driver was driving without caution or simply was not paying attention.  This could include speeding, speaking into his cell phone, or other dangerous behaviors.   This evidence could lead to a very dangerous conditions that lead to the cab company being responsible for the injuries sustained by all the parties.  In large urban areas you can bet there will be many cameras on the outiside of building which can help in determining exactly what happened as to specific accidents. 

And yes there could be other parties at fault in situations such as the one described above.  Such as the city and even the makers of places that attract people such as newstands etc.  They could be liable for having the newstands to close to the sidewalk in case of an accident. 

These multi party accidents including accidents with the latest cab and ride companies, such as uber lyft, can be complex and you should contact an Attorney as soon as possible if you have been injured. 5 59-441-1418.

 

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Gerald Schwab, Jr.

PERSONAL INJURY ATTORNEY SERVING ALL OF CALIFORNIA

Law Office of Gerald Schwab, Jr.
Fresno Personal Injury Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: (559) 295-0391
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