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Sanders & Montalto, LLP has successfully prosecuted hundreds
of cases in the areas of personal injury and wrongful death.
Our success rate is over 95%, and we have obtained millions
of dollars in settlements, judgments and verdicts on behalf
of our clients. Our firm has over 40 years combined experience,
and the financial resources to prosecute our clients' cases
with the representation they deserve. We are committed to making
sure we do everything possible to achieve the maximum results
in each client's case, and in keeping the client informed along
the way.
All personal injury and death cases are handled on a contingency
percentage basis, and if there is no recovery, there are no
fees or costs. (Some law firms advertise "no recovery,
no fees" but later charge you to recover their costs.)
All attorney consultations and case evaluations are free of
charge.
While our firm's emphasis is on wrongful death and catastrophic
injury, we do provide legal services for many other types of
injuries resulting from automobile accidents, work related injuries,
construction site injuries, premises liability, and product
liability claims.Click
here
to download our personal injury intake
form.
Personal injury law is also known as tort law. A tort is defined
as "a civil wrong", whether intentional or accidental,
from which injury occurs to another. Torts include all negligence
cases, as well as intentional conduct which results in injury.
The major categories of torts include: |
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Intentional
torts - intentionally inflicting injury
on another, e.g., assault, battery, false imprisonment.
Negligent torts - negligently
or accidentally inflicting injury on another, e.g., automobile
accidents, premises liability.
Strict
liability torts - manufacturing, marketing
or selling defective products that result in injury. |
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The
most common ground for a civil lawsuit involve negligence. These
include motor vehicle accidents, premises liability (slip and
fall) accidents, defective products, and medical malpractice.
When an accident occurs due to the negligence of another, the
injured party may file a claim against the negligent party to
recover all of their damages. Damages generally include current
and future medical expenses, property damage, pain and suffering,
current and future loss of income, loss of enjoyment, and in
certain cases, punitive damages.
In order to prevail in a negligence action, the following elements
must be proved by a preponderance of the evidence: |
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Duty
- A duty was owed by one party to another, e.g., to safely
operate a motor vehicle and obey all traffic rules.
Breach of Duty - The party owing
the duty failed to fulfill his/her duty or "breached"
that duty, e.g., violating the traffic rules.
Causation - The breach of that
duty (negligence) caused the accident and the injuries
claimed.
Damages -
You indeed suffered injury and damages as a result of
the negligence. |
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It
is imperative that you file your claim within a certain period
of time called the Statute of Limitations. The California statute
of limitations for most negligence cases has generally been
one year, however, recent legislation now extends the statute
of limitations to 2 years from the date of the accident or from
the date of discovery in certain cases. However, some types
of torts may have a much shorter statute of limitations and/or
different procedural time limitations, therefore it is essential
that you contact an experienced personal injury attorney to
determine the applicable statute of limitations, and other claim
reporting requirements, for your type of case. Failure
to file a claim or comply with notice reporting requirements
within the applicable time limitations set forth in law will
result in you being forever barred all compensation that may
have otherwise been available.
If you have been involved in an accident or other negligence
claim, you may be entitled to compensation by the negligent
party's insurance carrier and/or your own insurance carrier
in certain situations. Never proceed with a negligence claim
without first obtaining legal counsel. An attorney experienced
in the practice of personal injury law understands the legal
system, can cut through insurance company red tape, and will
make sure you are justly compensated for all current and future
damages.
Sanders & Montalto, LLP, is dedicated to promptly investigating
all accidents, determining liability, and pursuing recovery
of all available legal damages. Regardless of who was at fault
in the accident, victims should immediately seek the counsel
of an experienced personal injury attorney to ensure your legal
rights are protected. |
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