California Litigation Lawyers
Litigation Attorneys in San Francisco, San Jose, Los Angeles, Oakland, & Ontario, California
At Michael Padway & Associates, our clients have one thing in common: they’ve been wrongfully injured. Depending on the nature of the injury, your case will fall into a specific category or area of practice. Our attorneys specialize in serious personal injury, medical malpractice, wrongful death, and mass tort law. If your injuries are serious, and if we think another firm has better expertise for handling it than we do, we will help you to find and feel comfortable with that firm.
Because we handle serious injury cases, we are sensitive to what you are going through and can help identify resources to help you through a difficult period.
If you have been involved in an auto accident, Mike Padway can help you. Click here to find our more about auto accidents.
Bus accident claims are very complicated and you may be dealing with multiple parties. Mike Padway can help you receive the compensation you deserve. Click here to find out more.
If you have been involved in a motorcycle accident you may be facing many challenges. Click here to find out how Mike Padway can help you.
Truck accidents are more complicated than regular car accidents. Click here to find out how Mike Padway can help you.
Worker’s Compensation Attorneys
Support groups, advocacy organizations, medical, and rehabilitation professionals can often recommend experienced attorneys. Community resources and referrals can help you find the perfect attorney. First and foremost, look for an attorney who has experience litigating cases with your particular injury.
Injury cases settle with an eye toward providing the needed care after attorney's fees. If the case is successful, the client lives as normal and full a life as the injury allows. If not, the client does without for the rest of their lives, because the attorney failed, the liability wouldn't support a large enough settlement to meet the needs, or the defendant lacked resources to cover the loss.
The key requirements for the successful attorney are understanding of what is needed, and the ability to work with the client to put this all together in a way that is complete and that anyone will understand. Experience is the surest way to know if you have the right lawyer for your case.
At the end of your case, you can only receive money for your injuries. At Michael Padway & Associates, we know there’s more to an injury case than just money, and that you are the most important part of your case. We treat our clients as people who need guidance and support, and we go out of our way to provide help. We understand that a catastrophic injury is the most important thing in your life at the moment. Click Here to read about the Michael Padway & Associates Life Care Plan.
Serious cases are different. Typically the defense will spend money for better defense lawyers and experts, and they will make a greater effort to defend these cases, because more is at stake. There are many more nuances to the injuries, and it is difficult to understand all of these nuances without some experience. These are not the kind of “cookie cutter” cases that the average personal injury attorney is geared to handle.
Generally employers are immune from suit - you usually cannot sue your employer (there are exceptions), but you can recover Worker's Compensation benefits, either from your employer if he is self-insured, or employer's Worker's Compensation insurance company, regardless of fault. You can, however, sue someone other than your employer for an injury that you receive while working if someone other than your employer caused the injury. When that happens, you received Worker’s Compensation benefits, but they will ask you to repay the benefits if you receive a “third party” settlement. Your attorney in the “third party” case will usually negotiate a reduction in the amount of benefits that need to be repaid.
You should NOT change, alter, or throw away the product. You should contact an attorney immediately, who will have the product examined by an expert.
The statute of limitations is the specified time period that the law permits a claim to be filed against a responsible party. The statute of limitations applies differently for cases involving children and adults, and also differs from state to state. Whatever the statute of limitations, it is important that when a serious and catastrophic injury occurs, that the evidence be preserved. For example if a burn injury, spinal cord injury, or death occurs while at work, the employer may destroy the evidence. In any case, witnesses may become unavailable. It is important that an attorney and trained investigators be retained as quickly as possible after the accident or injury so that any potential third parties, other than the employer, can be identified and any evidence is preserved.
Attorneys who handle Personal Injury claims are usually paid by contingency fee - this is a percentage of the amount that is successfully recovered for the client. If there is no recovery, the attorney does not get paid.
Accidents are usually caused by someone's carelessness or failure to act. Often times it is a combination of negligent acts or a failure to act by one or more persons or entities that cause an accident to occur. The law requires that each person owes every other person a duty to act as a reasonably prudent person would act under the same or similar circumstances. When a person or entity does not act reasonably, then they have violated that duty and will be held responsible for any injury or damage that results. This duty is created from statutory laws or prior cases that have evolved over time. The more that is at stake in the case, the more likely it will be that the defendant will fight hard on the negligence issue.
Your legal rights to compensation may include:
Compensatory damages "compensate" the injured person for various kinds of losses or damages.
Punitive damages may be recoverable in certain circumstances. Punitive damages exist to punish or make example of the wrongdoer for conduct that is intentional, or when the wrongdoer acts in a reckless manner in disregard for the rights of others.
Civil law exists to compensate an individual for injuries and losses which were caused by someone's negligence; a defective product; or some other form of misconduct or failure to act. Persons who are injured in accidents and their family members are often hesitant about contacting an attorney because they believe the accident or injury was in some way caused by the injured individual. This may not be the case and even if the injured individual is partially at fault, it is still possible that more than one person or entity may have contributed to causing that accident or injury and a substantial monetary recovery is still possible. Talk to a Michael Padway & Associates injury lawyer. We’ll help you decide if you should move forward, and then we’ll work to build a strong case around the facts of your injury.
If you or a loved one has been injured, call Michael
Padway & Associates at 415-777-1511, or fill out this online
contact form. Meet with us and find out how we can help you start
rebuilding your life and get you a fair settlement for your injury.
Our attorneys are
experienced in Medical Malpractice, Personal Injury, Wrongful Death,
and Mass Tort law. Serving Oakland, San Francisco, San Jose,
Los Angeles & Ontario, California.
Michael Padway & Associates
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