Practice Areas
My practice areas for Personal Injury include information on the following:
- Planes, Trains & Automobiles
- What to do at an Accident?
- If you have an accident and are injured -- Act Fast!
- What to Do After an Accident....
- Your rights at an Auto Accident
- Dangerous Products & Tires
- Premises Liability
- Construction Site Accidents
- Electrical Shock Injuries
- Semi-Truck Accidents
- Insurance claims
- 5 things to know about insurance and your rights to file a claim
Personal injury cases arise because someone has received an injury or someone has died because of carelessness, recklessness, or deliberate actions of another person or entity. Personal Injury cases are frequently traumatic. Whether the injury is minor, severe or results in death, the victim(s) suffers some level of emotional distress beyond the actual injury. In such cases, the victim or in some cases, the family of the victim has a right to proper compensation from the party responsible for the injury.
Wrongful death or injury may be the result of negligent or intentional conduct on the part of the offending party. In a wrongful death or accident claim, it is important that the victim or, in the case of death, the heirs, receive proper compensation. However, there are sometimes other reasons for pursuing such a case. In many cases, the case itself will help prevent others from being injured in the same way in the future.
Damages in wrongful death cases may include:
- Medical, hospital, funeral and burial expenses;
- Compensation for the decedent's pain and suffering, during any period of consciousness between the time of injury and death;
- Losses suffered by the decedent's spouse, children, or next of kin, including:
- loss of financial support
- loss of service
- loss of gifts or other valuable gratuities
- loss of parental training and guidance
- loss of society and companionship
Planes, Trains & Automobiles
Planes, Trains & Automobiles (And also: Airplanes, Aircraft, Motorcycles, Trucks, and ATV’s) - the one thing they all have in common is that every year thousands of people are killed or injured using these usually safe modes of transportation. These injuries are usually caused either by someone negligently operating the machine or by virtue of an inherent design defect in the machine itself that has caused it to be unsafe.
If the party responsible for the injury or death has insurance, you can be assured that the insurance company’s first concern will be how they can get out of their obligations for the least amount of money. Anyone who believes that they are in “Good Hands” when they are dealing with an insurance company, or that the insurance company is going to be a “Good Neighbor” is in for a real surprise.
The responsible party’s insurance company will invariably attempt to contact the victim as quickly as possible in hopes of getting a statement, and possibly an agreement to settle, before the victim has spoken with an attorney. Though it is both unethical and illegal, there are many reported cases of over zealous claims adjusters suggesting or even telling a victim that they do not need an attorney because he or she will take care of them without the victim having to pay attorney fees. This is a very serious mistake for a victim to speak with the other party’s insurance company before contacting an attorney. These claims adjusters are professionals at getting victims to say things that ultimately will diminish the value or the strength of their claim. In other words - Don’t Talk!!! Call an Attorney!!!
An attorney’s responsibility is to make sure the amount of any settlement is fair and will cover all damages and expenses. The Law Office of David Wood has a policy of never charging a fee for a first evaluation consultation. Clearly - you are better off talking to an attorney who is on your side before “talking with the enemy.”
What to do at an Accident?
If you have an accident and are injured -- Act Fast!
If you've been in an auto accident, if you have had a slip and fall injury, or have had any other kind of accident and intend to make a claim, there are several reasons why you need to consult an attorney as soon as possible.
A primary reason is that there are time limits, called "Statutes of Limitations," for making claims. If you wait too long and the statute of limitations passes, you'll be prevented from ever bringing your claim.
Another important reason why you should seek legal help immediately is that delay can hurt your case. As time passes, it becomes harder to gather evidence and to find and interview witnesses. Some of these witnesses may have moved or some may no longer remember the details of the accident.
Since waiting too long can cause your claim to be dismissed - or hurt your chances of getting the full amount of money you're entitled to - it's important that you seek legal help as soon after the accident as possible.
What to Do After an Accident....
- Get information and identification from witnesses. They will be gone soon and possibly impossible to find.
- Take notes about the accident.
- Don't discuss the accident with anyone at the scene. Sometimes it is difficult to avoid talking to a police officer about the accident. In this case, make sure he accurately understands and writes down what you are saying because from his notes, he will write a report regarding this accident and reporting your statement.
- If an "adjuster" shows up on the scene - as often happens with Taxi cab accidents - don't settle with anyone on the spot. Remember who they are working for and who's interests they have in mind … the insurance company.
- If you feel you may have injuries - See a Doctor quickly! Often, aches and pains don't develop for a few days and some injuries are not obvious. Again - See a Doctor quickly!
- Consult an attorney. The Law Office of David E. Wood will initiate an investigation and will get matters started to get your car repaired quickly.
Your rights at an Auto Accident
Each year, millions of people are hurt in automobile accidents. Unfortunately, many victims who don't know their legal rights end up paying their losses themselves or receiving much less than they are entitled to receive. Knowing your rights after you have been involved in an accident can keep this from happening to you. Here are some important rights you should know about if you are in an accident.
RIGHT TO FAIR COMPENSATION
If you are in an accident, you have the right to full compensation for your injuries and losses. Generally, this means enough money to put you in as close to your position before the accident as possible. Thus, you can recover for many things such as lost past wages or earnings, loss of future earning capacity, medical bills (both past and future), transportation costs to and from health care providers, costs to fix or replace damaged property, and reasonable compensation for your pain and suffering, your emotional distress, and the disruption to your life that this incident has caused.
Of course, just being in an accident does not automatically entitle you to money. The other side must pay only if they are legally at fault. However, if you are partially at fault and the other party is partially at fault, then you can still recover damages in proportion to the amount that the other party was at fault. This is known as "comparative fault." In other words - you can still be partially at fault and, yet, you may still be entitled to compensation.
RIGHT TO CONSULT YOUR LAWYER BEFORE ANSWERING QUESTIONS ABOUT THE ACCIDENT
After an accident, it is not unusual for the other side, either by the party involved, their lawyer, or the insurance adjuster, may call you and ask you to describe what happened. At the time, this may seem reasonable to you, but these words can come back to haunt you and damage your claim. You are not legally required to answer questions, and you should not say anything to anyone before consulting with your lawyer. Insurance adjusters often ask questions seeking information to hurt your case and lower the value of your claim. I frequently tell my clients to remember who it is that the insurance adjuster is working for... that usually puts everything in perspective. Decline to say anything to anyone until you have consulted with a lawyer.
RIGHT TO GOOD MEDICAL CARE
If you are in an accident, you have the right to choose your doctor. Don't let the other side or insurance companies pressure you to see their doctor. Select the doctor you trust.
RIGHT TO CONDUCT YOUR OWN INVESTIGATION
Accident victims are entitled to conduct their own investigation and to get information from witnesses. Usually, your attorney will have an investigator on his staff that will conduct this investigation and interview witness on your behalf. You can be assured that the insurance company, be it your own insurance company or the other party's insurance company, will be investigating with an eye on their own interests.
RIGHT TO DECIDE WHETHER TO ACCEPT OR REJECT SETTLEMENT OFFERS
It is your decision whether to accept any settlement offer. If you are in an accident, don't let the other side or an insurance adjuster pressure you to accept a quick settlement just for the sake of ending the matter. This almost always results in your receiving much less than you are legally entitled to receive. Remember, the full value of most claims is not known until weeks or even months after the accident.
The amount of money you recover after an accident can vary a lot depending on several factors, including whether you know and enforce your rights and whether you have a lawyer's help. If you have questions about these rights, contact a lawyer. They are trained to help you and usually will do so at no cost to you unless the lawyer is successful in recovering an award for you.
Most accident related cases can be handled on a contingency basis with no obligation for the first consultation.
Contact the Law Office of David E. Wood today TOLL FREE: 1-877-768-3823 to get going on your Accident Case
Dangerous & Defective Products
Products liability cases are cases which hold the designers, manufacturers and sellers of a product liable if an inherent design defect caused injury to a person who was properly using the product. For instance, imagine a person who was using a car properly on the street and stopped for a red light. His car is suddenly struck from the rear and, because of a defectively manufactured fuel tank; the tank ruptures, explodes and burns the driver to death. Or, the back of his seat collapses; he goes to the rear and breaks his neck. He is now a quadriplegic. In both of these cases, there is the potential for showing that the product was improperly manufactured and that manufacturing defect is what caused the catastrophic injury - as opposed to your basic “whiplash” injury from the rear-end accident. This would be a “Products Liability” case and it could include causes of action for strict liability, breach of warranty, negligence, manufacturing defects, design defects, and breach of the duty to warn of the danger.
All too often, corporate greed places consumer product sales and profits above consumer safety. Many serious injuries could be avoided if product manufacturers and distributors took appropriate steps to ensure consumer safety.
Whether dealing with a manufacturing defect, a design defect, or where a product is unreasonably dangerous because of inadequate instructions or warnings, these are important cases because they help society in a number of ways. First, the victims of such injuries obtain compensation for their injuries and suffering. Secondly, and arguably just as important, they put the manufacturers on notice so that these defects can be remedied and future injuries can be avoided.
Most dangerous & defective products related cases can be handled on a contingency basis with no obligation for the first consultation.
Contact the Law Office of David E. Wood today TOLL FREE: 1-877-768-3823 to get going on your Dangerous & Defective Products Case
Premises Liability
“Premises Liability” is a type of case that arises out of the existence of a “dangerous condition” on someone’s property which causes you injury, harm or damages. Many times the term “slip and fall" describes the type of injury that occurs on someone else’s property, usually as a result of a defective surface, a slippery substance, or other dangerous conditions. The owner or operator of a business, for example, has a legal duty to maintain the premises in a reasonably safe condition, or at least warn the public of a dangerous condition that they caused, were aware of, or should have been aware of. The key term here is “reasonable.”
While the most common premises liability case is a slip and fall accident or a trip and fall accident, premises liability lawsuits may also involve any kind of unsafe or dangerous condition on the premises, such as a defect in the construction of property, or inadequate maintenance or lighting of the premises causing an injury to occur. Examples include:
- Defective lighting
- Dog bites and animal attacks
- Failure to warn of a hazardous condition
- Improperly maintained equipment
- Lead poisoning
- Toxic chemical exposure
- Toxic mold exposure
Most premises liability related cases can be handled on a contingency basis with no obligation for the first consultation.
Contact the Law Office of David E. Wood today TOLL FREE: 1-877-768-3823 to get going on your Premises Liability Case
Construction Site Accidents
“Construction Site Accidents” arise out of injuries suffered from a variety of dangers occurring around workplaces in the construction industry. Every year there are numerous injuries and deaths on construction sites due to the numerous great potential of danger from the various forms of machinery and activities occurring at or around the site. Also - this potential for injury also exists due to the activities or actions of fellow workers on a construction site.
The sources or causes of these injuries are a varied as the types of equipment and conditions one would find on a construction site: Aerial Lifts; Trucks; Chemicals, Cranes, Derricks, Drill Rigs, Elevators, Escalators, Explosives and Explosions, Forklifts, Hoists, Ladders, Toxic Conditions, Scaffolds, Tractors, Welding Equipment - the list goes on and on.
When an injury has occurred, it is always a delicate legal question as to who is at fault and who is liable. These are frequently not easy questions to answer. For example, though there are exceptions, in most cases, a worker cannot sue his employer in a court of law if he or she is injured on the job in course and scope of their employment. That is why we have the Worker’s Compensation System. The Worker's Compensation system is created entirely by state statutes. The idea of Worker's Compensation is to provide benefits to injured workers regardless of whether anyone was at fault for the injury. You do not get more money if your employer is at fault, or, conversely, less if there was no fault involved.
On the other hand - if the injury was caused by defective machines, by persons not employed by your employer, or by other causes unrelated to the employer, then there may exist an independent cause of action, aside from the Workers’ Compensation claim, that can be made.
If you have been injured as the result of a construction site incident, it is important that you contact an attorney who has a working knowledge of construction sites and who has had experience with these types of cases.
Most construction site accident cases can be handled on a contingency basis with no obligation for the first consultation.
Contact the Law Office of David E. Wood today TOLL FREE: 1-877-768-3823 to get going on your Construction Site Accident Case
Electrical Shock Injuries
Electrical shock injuries are among the most serious and devastating injuries that occur. This is so because the injury may include both seen injuries (to the skin and parts of the body) and unseen injuries (to internal organs, the nervous system and the brain). About 1000 people die every year from electric shocks in the United States. The outcome of an electric shock to an individual depends on the intensity of the voltage to which the person was exposed, the route of the current through the body, the victim’s state of health and the speed and skillfulness of the treatment of the patient.
The human body is a good conductor of electricity. Direct contact with electrical current can be fatal. While some electrical look minor, there still may be serious internal damage, especially to the heart, muscles, or brain. There are three main ways that electric current can cause injury: (1) Cardiac arrest due to the electrical effect on the heart; (2) Muscle, nerve and/or tissue destruction from a current passing through the body; and (3) Thermal burns from contact with the electrical source.
About 1,000 people die annually of electric shock in the United States.
Most electrical shock injury cases can be handled on a contingency basis with no obligation or fee for the first consultation.
Contact the Law Office of David E. Wood today TOLL FREE: 1-877-768-3823 to get going on your Electrical Shock Case
Semi-Truck Accidents
Semi truck and eighteen wheeler accidents present unique issues not associated with motor vehicle accidents. These differences include:
- Greater likelihood of serious injuries or deaths
- Insurance coverage
- Licensing compliance and regulatory compliance
- Negligent hiring and supervision claims
- Negligent maintenance claims
Proving liability in trucking accidents is more complex than in a car crash and very likely will require experts to help reconstruct the accident scene and establish liability. I have complete access to these types of experts and many times, their testimony is the difference in our winning the case.
Most Semi-Truck Accident cases can be handled on a contingency basis with no obligation or fee for the first consultation.
Contact the Law Office of David E. Wood today TOLL FREE: 1-877-768-3823 to get going on your Semi-Truck Accident Case
Insurance claims
Insurance companies – almost always- will be difficult to deal with. Despite their public pronouncements that they are there to provide you financial protection in case of specific loss due to accident or otherwise, you will find that they are more interested in protecting their assets than they are to being a “good neighbor” or demonstrating that you are in “good hands.”
Insurance can be as minimal as tree damage to your house during a storm to a major claim such as coverage for an unforeseen catastrophic injury to you or a loved one.
Insurance companies follow a standard process in paying these claims, but sometimes, they may make mistakes, slow down payments, or wrongfully deny claims altogether. I have significant experience in investigating the cause of non-payment of claims and will seek to ensure that the payment you are entitled to gets paid.
With most people and companies carrying liability insurance, it was inevitable that we deal with the insurance companies and not individuals when we bring personal injury and wrongful death lawsuits. I know California insurance law and am experienced in the interpretation of insurance policy language, coverage, and exclusions, as well as the litigation of insurance claims. I handle insurance coverage issues involving:
- Arbitration and mediation
- Bad faith claims
- Business loss claims
- Disability policies and coverage
- Health insurance
- Homeowner’s coverage
- Insurance coverage and insurance litigation
- Personal injury and wrongful death claims
- Medical benefits
- Premises liability
- Products liability
- Property damage claims
- Supplemental insurance policies and coverage
- Underinsured motorist (UIM) claims
- Uninsured motorist (UM) claims
5 things to know about insurance and your rights to file a claim
- Be Sure You Get A Certified Copy Of Your Insurance Policy Before Negotiating A Claim
- Insurance companies may not provide you with a copy of your insurance policy.
- Some insurance companies provide only a sheet declaring the categories and amounts of coverage.
- An insurance policy is a contract involving many pages of small print.
- Insurance companies provide various types of coverage.
- By certification, the insurance company verifies that the policy wordings given to you accurately represent your insurance contract. When you have a claim, certified policy wordings give a firm basis for negotiation.
- Do Not Depend On An Insurance Adjuster To Accurately Portray Policy Provisions
- Insurance adjusters are paid by insurance companies to keep the costs of insurance claims down.
- To control costs adjusters often fail to inform policyholders of policy provisions, or may misconstrue policy provisions to the detriment of policyholders.
- Did You Know That Your Intentions Before An Insurable Loss Do Not Release Your Insurance Company From Any Of Its Obligations Under Your Policy?
- Even if you were planning to move and demolish your home immediately before a fire, the insurance company remains responsible for all policy provisions, including the full undiminished value of the property and your moving expenses.
- Keeping A Daily Journal During An Insurance Claim Contributes To Your Ability To Negotiate An Equitable Settlement From Your Insurance Company.
- Many insurance claims rise or fall on details and this is your way of keeping track of the details.
- Though, According To The Policy Wordings, It May Appear That Insurance Companies Are Bound To Insure You For A Specified Period, If an Insurance Company Decides To Discontinue Coverage Or To Refuse To Renew Your Policy, It Is Difficult To Stop It From Doing So.
- If your insurance company cancels you, expect your premiums with all other insurance companies to double or triple.
- If you have had or are having a difficult time with your insurance company, it may be wise to escape before your insurance company hurts you more by canceling your coverage.
When faced with an insurance claim, don't enter it blindly and don't go it alone. Learn all you can before you discuss or agree to anything your insurance company offers. If you feel you are not being treated fairly, hire professionals skilled to protect your rights and benefits.
Most insurance related cases can be handled on a contingency basis with no obligation for the first consultation.
Contact the Law Office of David E. Wood today TOLL FREE: 1-877-768-3823 to get going on resolving your Insurance Claim
