John M. O'Brien and Associates, P.C. is a personal injury law firm located in Elk Grove, Sacramento area. John O'Brien and his staff are dedicated to helping people who are affected by serious injuries. "We have taken a special interest in catastrophic injury cases, including traumatic brain injuries, spinal cord injuries, burn injuries and wrongful death. We recognize that these types of injuries change our clients' lives forever. As a result, we have dedicated much of our practice to helping such victims get the compensation they need to pursue the highest quality of life following a traumatic injury."
When someone gets injured in an accident or as a result of a negligent act that person's insurance company will determine to what extent they will cover the injury related expenses. The basic long-term things you need to be aware regarding a personal injury are:
Tort law regulates violations involving injury, harm or loss caused by one individual to another. Therefore, tort law will cover the following types of lawsuits:
Civil tort law is different from criminal law in that jail or prison time may not be imposed in a tort case. Usually the liable party will have to pay the victim monetary damages for their losses or a judge may order the defendant to stop doing their tortuous actions.
The tort law may vary from state to state in terms of:
Catastrophic injuries are extremely severe injuries that lead to a serious need for:
Catastrophic injuries are defined by the severity and the impact they have on someone’s life. They include:
The most frequent causes of catastrophic injuries are:
Your life may change dramatically after a catastrophic injury, as you may have to face:
Compensation for catastrophic injuries should entirely reflect the physical and psychological impact of your injury. John M. O'Brien and Associates will help you file accident benefits claims or life-long disability claims to receive the compensation you need.
California tort laws are unique and this uniqueness is based on specific facts:
The basic rule for determining legal responsibility (also called “liability) for an accident or injury is:
If an individual involved in an accident was less careful than another, the less careful party must pay for at least a part of the damages suffered by the more careful party. This rule is backed up by others, such as:
In order to file a personal injury claim, your attorney may request copies of:
You will also need to have relevant receipts, pay slips and invoices for the defendant’s insurers in order to support your claim.
Depending on the type of accident that led to your injuries, you might also need:
In a personal injury case, the injured person (the plaintiff) receives money to cover the damages from the party who is found to be legally responsible for the accident (the defendant or their insurer).
A damage award can be:
Here are the main types of compensatory damages that you can expect:
Actually, the real goal of punitive damages is to punish the defendant for his/her conduct.
A: If you want to avoid the under-compensation risk related to your injuries, it is very important to hire a knowledgeable California lawyer to ensure that all your present and future needs will be addressed in your claim. California's tort laws are known for being unique and constantly revised due to tort reform policies. The experienced attorneys from John M. O'Brien and Associates can assist you with tort claims and provide you with useful advice according to California legislation.
A: Your Lawyer will help you understand the costs of your case. However, here are the basic questions that you need to cover at your first meeting.
How much is the case likely to cost?
How are the costs worked out?
Can you represent me on a “no win, no fee” basis?
How can I handle the fees if I lose?
Do I need insurance cover to protect me against the possibility of paying the defendant's costs? What options are available for funding my case?
A: The best ways to preserve evidences of your injuries are: promptly report them to a doctor; photograph any visible marks, swelling, cuts, bruises, including splints or bandages. Without an early medical record and photos of your injuries, it will be more difficult to later convince the insurance company that you were injured. The visible injuries heal and they will not look as serious later. The insurance company will eventually believe that your injuries were superficial.
A: Comparative negligence means that if you were also careless in an accident, your right to be compensated is reduced to the extent your carelessness. If someone is 100% at fault for the accident that caused you injuries, that person has to cover 100% of the damages. If you were 20% guilty, it means that you’re entitled to receive only 80% compensation for the medical bills and lost income.
A: In some cases, what a victim does or doesn’t do can affect the amount of damages available in a personal injury case. If you're partially at fault for the accident that led to your injuries, "comparative negligence" will apply and the damage award will reflect that. Some states follow the "contributory negligence" rule. This means that for personal injury legal claims, you may not be able to recover any compensation at all if you're partially guilty for the accident. In the aftermath of the accident, you, as a plaintiff, have to take reasonable steps to minimize the financial impact of the harm caused. If the victim fails to get necessary medical treatment after an accident and makes his/her injuries much worse, the damage award might be significantly reduced.
Mr. O'Brien is a leading personal injury lawyer offering services to individuals located in Sacramento County.
No matter what your circumstances are, the staff at John M. O'Brien and Associates, P.C. is committed to providing high quality and committed representation in your case. Mr. O'Brien has recovered millions of dollars in compensation for people in Sacramento County who have suffered personal injuries and catastrophic injuries. The following are just a few notable verdicts and settlements:
If you've sustained a traumatic injury, or if your loved one was killed as a result of negligence, Mr. O'Brien can help you. He will meet with you personally during a free case evaluation to determine a strategy best suited for your needs. Contact our office and schedule a free consultation with John O'Brien today!