Oaks Law Firm

Products And Services

• 

  Car Accidents

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 Auto accidents give rise to the majority of personal injury claims in the U.S. This is due to the fact that every 10 seconds someone in the United States is involved in a car accident, according to the National Highway Traffic Safety Administration (NHTSA). Generally speaking, more than 2 million auto accidents occur in the United States every year, pursuant to NHTSA. NOTE: This data is limited only to highways and interstates, and does not include surface street accidents. Of these millions of accidents, hundreds of thousands of people are injured every year, and thousands are injured seriously. Automobiles can weigh more than a ton, and when moving at highway speeds, a collision will destroy almost anything in its path. Regardless of how you or a loved one were injured, you need to contact the car accident lawyers at the Oaks Law Firm immediately for a free consultation. You have rights that need to be protected and need an aggressive team to represent your interest against the responsible party and/or insurance companies. CALL the Oaks Law Firm TOLL FREE for a FREE CONSULTATION 877-959-5674. What to Do Immediately After an Auto Accident: When a car accident happens, injuries may be severe and emotions may be high. However, there are important things that must be taken care of both at the scene of any accident and soon afterward. Following is a list of things that should be done, if at all possible, when any automobile accident occurs. ~ Stay at the Scene. The cardinal rule for all car accidents is that you should never leave the scene until it is appropriate to do so. If you leave the scene of an accident, particularly where someone has sustained injuries or was killed, you can face serious criminal penalties for being a "hit-and-run" driver. ~ Make sure to obtain all pertinent information from the other party(s) involved in the accident (i.e. license plate number, drivers license number, address, telephone number, insurance information). ~ ALWAYS look to see if there was any individual who may have witnessed the accident and obtain their contact information. ~ Furthermore, if you have a camera in your car (or a camera phone) make sure to take plenty of photos of the scene and vehicles involved. ~ Call the Police. Especially if the accident involves significant property damage, physical injury, or death, you may need to call the police. Ask that a police report be filed in situations where law enforcement officers do arrive at the scene, and obtain the name and badge numbers of any responding officers.

  Link: Car Accidents

• 

  Motorcycle Accidents

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 The most recent report card issued by the National Highway Traffic Safety Administration for 2009 says; nationwide 5,154 motorcyclists died in 2009 and 103,000 were injured - *NHTSA Motorcycles Traffic Safety Fact Sheet 2009 (PDF document). About half of all motorcycles involved in a fatal accident collided with another vehicle. Motorcycle riders are in a unique position on the road. They enjoy the freedoms that come with their chosen form of transportation, but they are also left exposed to dangers not met by automobile drivers and other motorists. The lack of any substantial protective barriers between a motorcycle and the road, as well as the difficulty that other motorists may have in anticipating and seeing a motorcycle, leave riders prone to serious injury in the event of an accident. Motorcycle riders, therefore, must be aware of their legal rights and remedies if they are involved in a motorcycle accident. Insurance laws may vary from state to state, consequently, it is very important to consult with an attorney regarding the applicable laws and your rights in your state. INJURED IN A MOTORCYCLE ACCIDENT? CALL the Oaks Law Firm NOW for a FREE CONSULTATION. NOTE: Helmets saved approximately 1,784 lives in 2009; another 800 lives could have been saved if helmets were worn by all motorcyclists. The Risks of the Road for Motorcycle Riders: In two-thirds of motorcycle accidents involving another vehicle, the driver of the other vehicle violated the motorcycle rider's right of way and caused the accident. Per vehicle mile traveled in 2006, motorcyclists were about 35 times more likely than passenger car occupants to die, and about 8 times as likely to be injured, in a motor vehicle crash. Some of the unique problems faced by motorcycle riders on the road include: Visual Recognition: Motorcycles make smaller visual targets, which are more likely to be obscured by other vehicles, or by road and weather conditions. This is an issue especially at intersections, where approximately 70 percent of motorcycle-versus-vehicle collisions occur. Road Hazards: Hazards that are minor irritations for an automobile can be a major hazard for a motorcycle rider. These include potholes, oil slicks, puddles, debris, or other objects on the roadway, ruts, uneven pavement, and railroad tracks. Speed "Wobble" Accidents: Especially at higher speeds, the front end of a motorcycle may become unstable and begin to shake or "wobble." This problem may be due to a misalignment of the front and rear tires of the motorcycle. If an accident is caused by such a high-speed wobble, the manufacturer of the motorcycle might be held financially responsible for any resulting injuries, under a product liability theory. Riding Skills: Familiarity: A motorcycle requires much more skill and physical coordination to operate than a car. Many motorcycle accidents are caused in whole or in part by a rider's lack of basic riding skills, or failure to appreciate the inherent operating characteristics and limitations of the motorcycle. Determining Legal Responsibility for a Motorcycle Accident: Like most motor vehicle accident cases, motorcycle accident claims are almost always governed by the legal concept of negligence. Defective Motorcycle Design or Manufacture: Motorcycles lack crashworthiness and occupant protection. Unlike a car, a motorcycle is lightweight; it has no door, no roof, no airbag, and no safety belts. A motorcycle is less stable than a car because it only has two wheels. Although several factors can contribute to a motorcycle accident, a defect in a motorcycle's design or manufacture should be considered as a potential cause of an accident, especially one where only the motorcycle rider is involved. An experienced personal injury attorney will be familiar with any relevant product liability issues or recalls involving certain motorcycle models, and can help determine whether you have a claim against the motorcycle manufacturer. Getting Legal Help for a Motorcycle Accident: If you or a loved one have been injured in a motorcycle accident, the most important step in protecting your legal rights is to meet with a skilled attorney to discuss your case. Issues in your potential claim, including compliance with traffic laws, motor vehicle regulations, medical treatment issues, and liability determinations, all require the expertise of an attorney who is experienced in the area of motorcycle accident liability. In light of legal deadlines for filing injury claims, meeting with an attorney to evaluate your motorcycle accident case as soon as possible is recommended.

  Link: Motorcycle Accidents

• 

  Train Accidents

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 Millions of people ride trains every day in the United States. However, when trains aren't maintained, or when reckless drivers try to beat a train across the tracks, a serious accident may occur. According to the Federal Highway Administration, there is a train accident every 2 hours in the U.S. In 1999 alone, there were more than 2,700 train accidents. Also, train accidents tend to be more dangerous, especially when you consider the weight and high speeds trains can reach. Hundreds of people die in train accidents each year. They are often caused by: A collision with another train Derailment A collision with a car or bus Mechanical failure Inadequate security Dated and unsuitably maintained tracks Conductor negligence A train is considered a common carrier, so when a train accident has occurred a train accident attorney can find out if the business is liable for the injuries and damages sustained. Common carries have a responsibility to safely transport the public by taking all precautions to avoid a train accident. There are more than 600 railroads and hundreds of thousands of miles of track traversing the country. Many of these rails are used for freight transportation, including cargo, merchandise and chemicals. Trains carrying toxic chemicals are particularly threatening if involved in an accident. Passenger trains use only a fraction of the railroads in the nation, but are still involved in collisions and derailments each year. Collisions and derailments may occur for a number of reasons. Engineer negligence, inadequate rail maintenance and unsafe operators have all been blamed for train wrecks. Lately, there has been an increase in the number of train collisions involving motor vehicles. The National Transportation Safety Board indicates that 60 percent of all crossing fatalities occur at unprotected crossings and that approximately 80 percent of all public railroad crossings are not protected by lights and safety gates. Rail companies continue to rely on technology that was developed more than 70 years ago and very little effort has been made to update safety measures. Local jurisdictions often have no control over the train travel in their area resulting in delays for local emergency response to catastrophic situations in the community. Since there are many factors that lead to a railroad accident, there are many people who can be held responsible for you injury, loss of income, or pain and suffering. While it is the responsibility of the railroad company to maintain the tracks and the train you ride, truck and car drivers also have the responsibility of following the laws and not trying to sneak pass the crossbars after they've been lowered. There are laws that govern whether or not the carrier is liable. There are many factors that determine if the railroad company was at fault and could have prevented the train accident and resulting injuries by exercising the proper care and maintenance. Also, if the carrier is found liable, there are even more factors to consider as to what percentage of liability they will have to assume. The laws governing liability in the case of railroad accident and injury are extremely complex. It must be determined that the railroad company was, in fact, responsible for the accident and was acting in a negligent manner. If the railroad is found responsible, it must then be determined to what extent they are liable. While proving a physical, emotional, or cognitive injury can be difficult, the aid of a competent legal counsel can help you focus your attention on getting your life back to its normal state. Oaks Law Firm has handled various train related accidents and will aggressively pursue your/your families personal injury claim against the responsible parties.

  Link: Train Accidents

• 

  Commercial Truck...

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 NO RECOVERY = NO FEE Get Legal Help After a Commercial Truck Accident! Any traffic accident involving a commercial truck is likely to result in serious physical injury and property damage. In the event that you or a loved one are involved in such an accident, after receiving proper medical care you may want to consult an experienced attorney to ensure that any potential legal claim is properly assessed and that your rights are protected. Especially in light of legal deadlines for filing lawsuits, meeting with an attorney as soon as possible is the best way to protect your rights. Early attorney consultation or representation will help secure crucial information and evidence immediately after a truck accident. A traffic accident involving a commercial truck, such as an eighteen-wheeler or other large freight carrier, can be much more catastrophic than an ordinary car accident. A typical fully-loaded large commercial truck can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3,000 pounds. Because of this size disparity, and due to the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries. While statistics show that truck drivers are generally much more careful on the road than automobile drivers, and thankfully the incidence of fatal crashes involving trucks and other large vehicles has declined in recent years, large truck crashes still accounted for 5,350 fatalities and 133,000 injuries in 2001. The unique danger posed by commercial truck accidents can be made worse depending on the nature of the freight the truck is carrying. For example, if hazardous or flammable materials are on board, secondary injuries attributable to such dangerous cargo can result, including burns and respiratory injuries. In the event that you or a loved one is involved in an accident with a commercial truck, you may be entitled to recover compensation for your injuries by bringing a legal claim against the responsible parties. This article will provide an overview of such a claim.

  Link: Commercial Truck...

• 

  Bicycle Accidents

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 The popularity of bicycling has increased dramatically over the past decade. As both a mode of transportation and recreational activity, biking is experiencing a surge of new participants, and an unfortunate increase in the number of bicycling accidents and injuries. Every six hours a bicyclist is fatally injured in America. Head injuries account for seventy-five percent of all serious injuries and deaths from bicycle accidents. Negligent drivers are a major factor in bicycle accidents. By working with experienced bicycle accident attorney, victims can have some control and participation in ensuring that their rights and interests are protected. An unprotected human body on a fragile piece of equipment is no match for a speeding automobile or hard pavement. Even the most careful and experienced bicyclists can easily find themselves on the wrong side of the handlebars. Oaks Law Firm represents bicyclists injured in the following kinds of driver negligence cases: Failure to yield Cross walk accident Hit and run Crowding bicyclist off of road Failure to come to a complete stop at intersection If you have been injured in a bicycle accident, you may be entitled to the following benefits: Medical bills Wage loss Loss of earning capacity Pain and suffering Emotional distress and disfigurement. Please contact the Oaks Law Firm for a FREE ANALYSIS of your case. We have offices conveniently located in Los Angeles County, Orange County and San Bernardino/Riverside Counties. Because of the complexities involved in bicycle accident cases, it is important that you act quickly and contact an attorney with any questions or issues. Proving negligence in an accident lawsuit takes an investment of time, experience, and resources – advantages that only a qualified attorney can provide.

  Link: Bicycle Accidents

• 

  Aviation Accidents

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 AIRPLANE & HELICOPTER ACCIDENT ATTORNEYS Airplanes and helicopters are complex machines that must be designed well, built meticulously, and professionally maintained. We understand the tragedy and frustrations experienced by aviation accident victims and our expertise can help guide you through one of the most complex fields of law. Almost all of us use some mode of transportation daily. Whether we travel by automobile, bus, train, boat or plane, we depend upon the speed and convenience modern travel affords. Today, the fastest way to get where we’re going is by flying, and the Federal Aviation Administration (FAA) estimates that the airline industry will double over the next two decades to accommodate the increasing number of passengers. Statistically, air travel continues to be a relatively safe means of transportation; however, aviation accidents do occur. In their preliminary 2002 statistics, the National Transportation Safety Board’s (NTSB) reports over 1,700 general aviation accidents with 576 fatalities. The report also sites 1,800 civil aviation accidents, of which 609 were fatalities. Mechanical difficulties and human error are two of the most common causes of aviation accidents. Federal and state agencies have developed stringent laws to govern the airline industry and protect passengers against: Pilot error Engine failure Aircraft structural or design problems Runway incursions Weather (including turbulence) Negligent repair or maintenance of the aircraft or replacement parts Negligent approach or landing Negligence of air traffic controllers FAA violations Due to the national and often international character of air transportation, aviation accident cases may be filed in a jurisdiction other than where the accident occurred. Commercial aviation accidents often involve Federal courts and multi-state issues that require attorneys to manage accident claims in different states by working with local lawyers. This arrangement benefits the client by providing expert aviation advice complemented by a local attorney’s familiarity with their jurisdictions’ courts and procedures. While some airlines may try to place “caps” on the amount of compensation each passenger can receive, a skilled attorney can prove negligence on the part of the airline company or its employees to negate any “cap” placed by the airline. The sheer number and complexity of aircraft regulations dictate that airplane accident victims receive the guidance of aviation law experts. Don’t face the system alone. Early investigation is essential to handling these cases. Our knowledge of the law coupled with our investigative skills gives the Oaks Law Firm the competitive edge you need on your side.

  Link: Aviation Accidents

• 

  Bus Accidents

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 Due to the ever increasing congestion on our roadways and highways commuters are using rapid transit and public transportation more each year. In accordance with the growing number of people using buses as their main source of transportation, the number of injuries and deaths resulting from bus accidents is also rising. Bus accidents injure thousands and kill hundreds of people every year in the U.S. The U.S. Department of Transportation reported that in 2003 there were over 440 fatal bus accidents and thousands of injuries. Excessive speed, driver fatigue, faulty brake system, dangerous tire conditions and lack of training all play a role in the number of bus accidents each year. While regulations have been instituted to prevent the number of fatalities, bus accidents still play a major part in killing people and causing the serious injuries that occur on our highways daily. The injuries and fatalities resulting from the negligent operation of large buses and school buses leave families confused and angry and bus drivers who know they are not at fault scared and sometimes jobless. Always contact a lawyer as soon as possible so they can help determine your rights, both as a victim or as a plaintiff driver or bus company. Delays always prevent your case from proceeding swiftly.

  Link: Bus Accidents

• 

  Boat & Watercraft

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 Fishing trips, diving expeditions, water skiing, a week-long cruise on a luxury ship – boats are supposed to fun, recreational vehicles for you and your family to enjoy. However, thousands of people are injured or killed in boating accidents each year. A 33-year-old fisherman dies when his 10-foot open motorboat capsizes. A 48-year-old woman loses her life when the 23-foot sailboat she was in capsizes. A 54-year-old man on a cruise ship falls overboard and is never seen or heard from again. According to the U.S. Coast Guard, there were 4,904 recreational boating accidents reported in the United States in 2004, which resulted in 676 fatalities, 3,363 injuries and $35,038,306 in property damage. Overall, carelessness or reckless operation, operator inattention, operator inexperience and excessive speed are the leading contributing factors of all reported boating accidents. Boating accidents include capsizing, falls overboard, collisions, sinking/flooding, explosions, disappearance and fire. The most reported type of boating accident was a collision with another vessel. However, capsizing and falls overboard are the most reported types of fatal boating accidents and account for over half of all boating fatalities. When there is a boating accident, a report must be filed when: A life is lost due to the accident. Someone is injured and requires medical attention beyond first aid. There is damage by or to the vessel and other property. Any person on board a vessel disappears (under circumstances indicating possible death or injury). Reports must be filed within: 48 hours of the occurrence if a person dies within one day (24 hours of the accident). 48 hours if a person is injured and medical treatment beyond first aid is required. 10 days if there is only damage to the vessel and/or property. Boating and watercraft accidents are governed by a number of city, county and/or state laws. Most boat operators have a legal obligation to operate their watercraft in a safe manner. If they do not, there may be criminal charges, and the people who were injured may be entitled to sue for damages. Boat owners also need to be careful about allowing other people to drive their boats. No matter who is driving, if the boat is in an accident, the boat owner may be liable for the damages. Accidents involving boats often result in very serious injuries. Although most are due to unintentional operator error, other factors may also play a part in causing boating accidents. Poorly designed boats and other boating equipment and negligent, dangerous drivers are responsible for causing some boating accidents. Civil and criminal lawsuits have been filed against the manufacturer when some type of failure of either the boat's machinery or its hull caused an accident. Boat accident lawsuits also can result when a boat operator causes an injury while operating a boat under the influence of alcohol or in some other negligent fashion. If you have been injured in any kind of boating accident that was someone else’s fault, you have the right to be compensated for a wide range of things, including property damage, medical expenses, lost wages, permanent injury and pain and suffering. In the unfortunate event that a death has resulted from the accident, you can file a wrongful death suit for your loved one. If you have been injured in a boating accident, the following are important steps to take to prepare for a lawsuit: See a doctor as soon as possible. Do not underestimate the injury from an accident. Back and neck injuries can be debilitating in the long term. Get as much information as you can about your accident. Get the names, numbers and addresses of all people involved, including witnesses. Take pictures. You will also need to keep track of insurance information and the reporting process. Make copies. Do not talk to anyone about your accident other than law enforcement officials. Anything you say to insurance company representatives or investigators could make it harder for you to settle your claim. Do not sign anything, especially a release form, without talking to an attorney, first. Contact a lawyer as soon as possible. You may have a limited amount of time in which you can file a boating accident lawsuit. A competent accident lawyer can make sure everything gets done right.

  Link: Boat & Watercraft

• 

  On the Job Injuries

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 Millions of workers are seriously injured every year in the United States due to job related accidents, some of which result in permanent disabilities, debilitating illnesses, and even death. If you have suffered a serious work related injury in California, it is imperative that you contact competent attorneys. Oaks Law Firm is here to provide you with sound advice and aggressive representation. There are many job related injuries and accidents which may take place to innocent workers in all types of professions, such as: Back injuries Paralysis Head and brain injuries Amputations Electrocutions Injuries from exposure to toxic chemicals Construction related injuries No matter what field of work you are employed in, your employer has a responsibility to provide you with a work environment which is free of unnecessary hazards. Your employers must also follow strict safety and health guidelines designed for that profession to ensure the safety of all employees. If your employer failed to keep you safe from injuries while on the job, was negligent in providing adequate safety training, or outright disregarded safety procedures you have the right to file a lawsuit against them, holding them liable for your injuries.

  Link: On the Job Injuries

• 

  Nursing Home Abuse...

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 Elder abuse has been found to be an all too frequent occurrence with deadly results. When this abuse or neglect occurs at the hands of trained professionals who have secured state licenses to operate their personal care or nursing home, you have a right to be angry and to demand answers. The breach of the standard care when directed against our elderly parents by paid care givers should be punished severely. Physical or mental abuse and neglect of individuals of any age and our elderly parents is a silent crime. These types of claims affect any individual, no matter what their age, while under the care of a nursing home or care facility. Most of the elderly with disabilities are unlikely to complain about abuse, neglect or victimization under the fear that they will lose whatever support, even abusive that they have, and that their complaints will trigger reprisals. Why is abuse and neglect present in Nursing Homes? The tragic truth is that the nursing home industry, for the most part, behaves as just that: an industry that houses our loved ones at the lowest cost possible. This means: Minimal qualifications Inadequate staffing Insufficient training Low wages and high turnover The ultimate result is serious and even life-threatening problems for nursing home residents: weight loss, failure to treat pressure sores or manage pain effectively, hospitalization, malnutrition, dehydration and even starvation. Each certified Nursing Home Nursing Assistant is typically responsible for 15-20 residents per a 7.5 hour shift. This means at best an average of only a half hour per resident. Is that really sufficient? A Brighter Future: After years of providing poor elder care, it seems nursing homes are finally being held accountable. A flood of lawsuits have been filed across the country and grieving families are receiving compensation for pain, suffering and the untimely death of loved ones. If your loved one, especially an elderly has been neglected, abused, or injured while in the care of a nursing home or other healthcare facility, contact our attorneys today. You and your family have legal rights that not only protect you, but others as well. At the Oaks Law Firm, our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through team work and the use of our considerable resources and experience. Contact us today to discuss your legal options with our experienced nursing home abuse attorneys.

  Link: Nursing Home Abuse...

• 

  Product Liability

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 CONSUMER LITIGATION Some businesses seem to value profits over fair dealing and safety. We believe that we have the ability and the resources to put together litigation teams capable of taking on big business to protect the rights of persons injured by such businesses. We have been active in class action lawsuits involving consumer litigation for many years. Currently we are representing several hundred clients against American Home Products (now Wyeth) on the Fen-Phen diet drug claims due to the heart related and other injuries people have suffered as a result of taking these diet drugs. In California City, we are representing injured plaintiffs living in a neighborhood surrounding a battery plant where thousands of old batteries were buried causing lead contamination to children, adults and homes and increasing their risk of cancer.

  Link: Product Liability

• 

  Swimming Pool Acci...

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 California is second only to Florida in swimming pool related injuries and deaths in the United States. Oaks Law Firm has represented many individuals and their families that have suffered severe injuries or death in a swimming pool. Our aggressive personal injury specialists and lawyers are dedicated to achieving the best possible results for seriously injured victims and their families. Contact us NOW for a free consultation and evaluation with an experienced swimming pool accident attorney. Most swimming pool accidents occur because of improperly designed and constructed pools, failure to properly secure a pool from small children, and failure to maintain the swimming pool in good condition. Property owners may be found liable if their negligence lead to injury or death. A drowning accident can take the life of any individual, but children seem to be most at risk for drowning. Never leave children unattended around a swimming pool, jacuzzi or spa. Remember it only takes a few seconds and a small amount of water to drown a small child.

  Link: Swimming Pool Acci...

• 

  Construction Accide...

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 A construction accident often involves significant injuries due to the type of work involved, the number of people involved and the use of large and powerful machinery and equipment. Because of this fact, construction companies must inspect each site with safety engineers and provide safety programs. The general contractor and all subcontractors are required to provide a reasonably safe site, to warn of hazards inherent in the site and work, to hire careful employees, to coordinate job safety and to supervise compliance with safety specifications. Employers of construction workers must also properly train their employees. The progress of a construction project is heavily documented by way of meeting minutes, progress reports, progress photos, daily construction reports, foreman’s reports, journals and logs which are kept by project managers, site superintendents, foremen, construction managers, etc. Often the contractors will have their own safety manual, superintendent/supervisors’ manual, and any safety handbooks/orientation handbooks or “tool box” talks which are given to employees. Contractors may also utilize training videos and/or perform job safety or safety task analysis. If the accident is serious enough and there is personal injury, the Occupational Safety and Heath Administration (“OSHA”) will investigate the accident. OSHA will complete an investigation, including taking photographs, statements, and copies of citations issued. All of these items are valuable sources of evidence for determining and assigning liability for your injuries. Additionally, it may be important to retain an expert. For example, an attorney may retain an expert in accident reconstruction and/or workplace safety. Depending upon the nature of the accident, the attorney may also retain an electrical expert (such as for electrocution cases), product defect experts, human factors experts, etc. While expensive, these experts are helpful in determining the industry standards and regulations and whether the site and companies met with those standards and regulations. In essence, these experts can help to determine who is liable and make or break your case. Construction accident cases are legally complex because of the number of companies present, the variety of different services provided by these companies, the theories of liability and the need for experts. As a result, there is often considerable overlap in terms of the number of parties who may have caused and/or contributed to your single accident. When an accident does occur, the owners, architects, general contractor, construction manager, all subcontractors, and manufacturers of equipment may be held responsible for inadequate safety provisions. The companies involved in the construction project will be represented by attorneys whose sole goal is to avoid responsibility for your accident. It will be important to retain an attorney who is not only familiar with this field of law, but willing to undertake the complexities of the case.

  Link: Construction Accide...

• 

  Brain Trauma

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-285-2539 California Brain Injury Compensation: Each year, about 1.4 million Americans sustain a traumatic brain injury — a blow to the head that results in mild to severe brain dysfunction and complications. Approximately 50,000 people die from a traumatic brain injury each year and 80,000 more are left to cope with lifelong disabilities. The most common causes of brain injury are falls, car accidents, being struck by an object, striking one's head against a hard surface, injuries occurring at work, and assaults. The symptoms of brain injury may take weeks or months to fully develop and can include impaired thinking, inability to concentrate, emotional and behavioral changes, and loss of balance, speech, memory and coordination. Some victims remain in a coma for months or even years. If you have suffered a traumatic brain injury or a member of your family died a wrongful death because of a brain injury, please contact the Oaks Law Firm today for a free consultation. We help victims of head trauma recover the financial compensation they deserve. NO RECOVERY = NO FEE You will not pay ANY fees unless we obtain a settlement or verdict on your case. Our aggressive personal injury lawyers will carefully evaluate your situation to determine if negligence or recklessness caused the injury or fatality. If so, we will file a personal injury or wrongful death lawsuit to recover financial compensation for the injury, pain and suffering, medical care, lost income and more for you and your family. Call the law firm that only represents Plaintiffs and the one that is on your side, the Oaks Law Firm.

  Link: Brain Trauma

• 

  Premises Liability

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 Have you been injured in a slip and fall accident in California OR injured on someone else’s property? The legal theory of "premises liability" holds owners and occupiers of property legally responsible for accidents and injuries that occur on that property. The kinds of incidents that give rise to premises liability claims can range from a slip & fall on a public sidewalk, injury sustained on private property, shootings in gas stations or convenience store, an injury suffered on a amusement park ride or any other injury sustained on public or private property. The liability of owners and occupiers of property will vary depending on the legal rules and principles in place in the state where the premises liability injury occurred. In some states, the court will focus on the status of the injured visitor in determining the liability of the owner or occupier. In other states, the focus will be on the condition of the property and the activities of both the owner and visitor. (Note: an occupier or possessor of land, such as an apartment tenant, is treated in the same manner as a landowner in many situations.) Legal Status of Visitor: Invitee, Licensee, or Trespasser In states that focus only on the status of the visitor to the property, there are generally three different labels that may apply: invitee, licensee, or trespasser. An invitee is someone who is invited onto the property of another, such as a customer in a store. This invitation usually implies that the property owner/possessor has taken reasonable steps to assure the safety of the premises. A licensee enters property for his own purpose, or as a social guest, and is present at the consent of the owner. Finally, a trespasser enters without any right whatsoever to do so. In the case of licensees and trespassers, there is no implied promise that reasonable care has been made to assure the safety of the property. In the state of California, premises liability law is based upon negligence, meaning if someone acted (or failed to act) in a manner that contributed to your injuries, that person or company, building or property owner/possessor may be held liable for your injuries. Premises liability laws help to determine who is responsible (at fault) for accidents that take place when a person slips and falls OR is simply injured on someone else's property, even if it was not a slip and fall incident. We will handle your premises liability case on a contingency basis, meaning you pay NOTHING unless your case is won. Consultations are always free so call us to get your questions answered and to find out if you have a premise liability case. NO RECOVERY = NO FEE! Who is responsible in a premise liability case? (CALL US NOW AND WE WILL HELP ANSWER THIS QUESTION OVER THE PHONE.) Determining fault isn't always easy. Laws that fall under this category vary from state to state and local jurisdiction to jurisdiction. It needs to be established that the property owner or possessor was aware of a condition on the property but did not try to correct it (by not posting a warning sign or fixing/repairing the problem, etc.) That the property owner knew or should have known about the danger, since a "reasonable" person would have found the problem and taken steps to prevent injuries caused by the condition on the premises. (This is the most common situation, as it is not clearly defined and is determined based on common sense).

  Link: Premises Liability

• 

  Slip & Fall

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 In order for a slip and fall victim to hold a property owner liable for an incident, the victim will have to prove the following in order to have a clear cut premises liability case: 1. That the property owner was responsible for unsafe conditions and the subsequent slip and fall accident (by spilling something, for example, and not cleaning it up) 2. That the property owner was aware of the condition of the property but did not try to correct it (by not posting a warning sign, etc.) 3. That the property owner knew or should have known about the danger, since a "reasonable" person would have found the problem and taken steps to prevent injuries caused by the slip and fall accident (This is the most common situation, as it is not clearly defined and is determined based on common sense). Thousands of injuries occur each year due to conditions on someone else’s property or in slip and fall type accidents. Someone stumbling over a loose brick or falling down an uncovered manhole can easily wind up in the hospital with injuries requiring long-term recovery time. No one knows whether a fall due to a slippery floor in a supermarket like Ralphs, Vons, Albertsons or Stater Brothers will lead to a sprained ankle or a broken leg. It is always wise, therefore, for property owners to take safety precautions and take whatever steps necessary to prevent accidents. There are, of course, certain situations where exceptions to the general slip and fall and premises liability rules come into play. These might include situations where trespassers come on to property without the permission of the owners and then incur injuries as a result of disregarding trespassing laws. Other examples could also include burglars and uninvited guests coming onto the property. Children, however, are an exception this is rule, since the law recognizes that children often do not perceive danger as well as adults. Property owners must take steps to ensure the safety of children, whether they have permission to be on the premises or not. In the case of employees, there are workers' compensation laws in place that hold employers liable for most on-the-job injuries, including those that result from a slip and fall accident. When it comes to government property, such as public parks, the federal or California state government may bear the legal responsibility for personal injuries incurred on the premises. Premises liability cases against the government are covered by either the Federal Tort Claims Act or similar state tort claims acts. Such cases must, however, be brought within a certain time limit. If you or a loved one have been injured in a slip and fall accident, or if you have questions regarding any premises liability matters, a slip and fall lawyer in California can help you determine if you have a case. Consultations are always free and we never charge any fees unless your case is won.

  Link: Slip & Fall

• 

  Burn Injuries

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 A burn injury can be one of the most devastating injuries a person can sustain, both physically and emotionally. If you or someone close to you has suffered a burn injury due to someone else’s negligence, call us today for a free consultation. You pay absolutely nothing unless we win. A burn injury case can be complex and requires someone experienced with handling these types of cases. Oaks Law Firm can help you no matter where you are in California . We will make home and hospital visits for your convenience. Our experience, past case results and personal attention make us different than the rest. Burn Injury Information: In the United States, approximately 2.4 million burn injuries are reported every year. Burns can be one of the most painful injuries one can sustain. Those who suffer from such injuries can face a lifetime of serious healthcare challenges. Last year, an estimated 650,000 burn injuries were treated by medical professionals. 75,000 of those injuries required hospitalization. Several factors are used to determine the severity of a burn injury, including the patient's age, size and depth of burn, and the location of the burn. First Degree Burns First-degree burns are red and very sensitive to touch, and the skin will appear blanched when light pressure is applied. First-degree burns involve minimal tissue damage and they involve the epidermis (skin surface). These burns affect the outer-layer of skin causing pain, redness and swelling. Sunburn is a good example of a first-degree burn. Second Degree Burns Second-degree burns affect both the outer-layer (epidermis) and the under lying layer of skin (dermis) causing redness, pain, swelling and blisters. These burns often affect sweat glands, and hair follicles. If a deep second-degree burn is not properly treated, swelling and decreased blood flow in the tissue can result in the burn becoming a third-degree burn. Third Degree Burns Third-degree burns affect the epidermis, dermis and hypodermis, causing charring of skin or a translucent white color, with coagulated vessels visible just below the skin surface. These burn areas may be numb, but the person may complain of pain. This pain is usually because of second-degree burns. Healing from third-degree burns is very slow due the skin tissue and structures being destroyed. Third-degree burns usually result in extensive scarring. Inhalation Injuries: Fire has been associated with 3 different types of inhalation injuries. More than a hundred known toxic substances are present in fire smoke. When inhalation injuries are combined with external burns the chance of death can increase significantly. The three types of inhalation injuries are: 1. Damage from Heat Inhalation: True lung burn occurs only if you directly breathe in a hot air/flame source, or have high pressure force the heat into you. In most cases, thermal injury is confined to the upper airways, because the trachea usually shields the lung from thermal loads. However, secondary airway involvement can occur after inhalation of steam as it has a greater thermal capacity than dry air. When hot air enters the nose, damage to the mucous membranes can readily transpire as the upper airway acts as a cooling chamber. 2. Damage from Systemic Toxins: Systemic Toxins affect our ability to absorb oxygen. If someone is found unconscious or acting confused in the surroundings of an enclosed fire, systemic toxins could be a possible cause. Toxin poisoning can cause permanent damage to organs including the brain. Carbon Monoxide poisoning can appear symptomless up until the point where the victim falls into a coma. 3. Damage from Smoke Inhalation: Smoke intoxication is frequently hidden by more visible injuries such as burns as a result of fire. In a disaster situation can lead to not receiving the medical attention needed, due to the rescue teams taking care of the more apparent patients. Patients that appear apparently unharmed can collapse due to major smoke inhalation, 60% to 80% of fatalities resulting from burn injuries can be attributed to smoke inhalation. According to the National Fire Protection Association survey, in 1997, 4,675 Firefighters suffered burn injuries as a result of performing their assigned duties, of which 3,770 also suffered inhalation injuries.

  Link: Burn Injuries

• 

  Dog Bites / Attacks

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 NO RECOVERY = NO-FEE CALIFORNIA DOG BITE LAWS & STATISTICS ON DOG BITES IN CALIFORNIA: Close to 4.7 million people are bitten by dogs each year and 50% of dog bite fatalities are children under 10 years old. Yes, it’s shocking. Fatal dog attacks usually occur very near the family home. Statistics show that most fatalities from dog bites and dog attacks are inflicted by pit bulls and rottweiler. Rottweiler statistically being the most fatal. Other dog breeds in California considered to be most statistically likely to bite are German Shepherds, wolf hybrids, Chow Chows, and Akitas. Before your dog attack and serious dog bites, the chances are you never even thought about California dog bite law. And now you’re looking for a good California dog bite lawyer to represent you or someone close to you, possibly a child who has suffered a dog attack or dog bites. Statistics on dog bites in California , along with national dog attack statistics, reveal that the great majority of dog bites and dog attacks are suffered by children under 12 years of age. Dog bites and dog attacks are so unpredictable, and so terrifying. If a dog bite or attack has occurred, first on your mind, of course, are immediately treating the dog bite or bites and receiving the best dog bite care possible. Puncturing dog bites of any severity should be considered a serious health issue and should be reported to Animal Control and tended to immediately. We have excellent doctors and plastic surgeons to refer you to, if you are still looking for the best dog bite treatment facilities available in California. Second, you’re looking for a good California dog bite lawyer to explain dog bite liability to you and dog bite law in California. Under California dog bite laws, our dog bite attorneys will explain that after the fact of a dog bite attack, it matters little what dog breed bites most often, or why did the dog bite, or when did the dog bite or attack, or whether it was a trained attack dog. Under California dog bite law, a dog that bites is the absolute responsibility of its owner. This concept is called “strict liability”. Animal attacks and animal bites are the strict liability of the animal’s owner. CALIFORNIA DOG BITE LAW Civil Code Section 3342: Damages Suffered: When you have a dog bite case and you file a dog bite lawsuit, your California dog bite lawyers need only prove that the victim plaintiff was lawfully on the premises of where the dog attack occurred and that the dog bites caused injury to the plaintiff. The defendant of the dog bite law suit who owned the dog is then strictly liable for all injuries and damages suffered by the plaintiff victim. Prior knowledge of whether it was a vicious dog or not, does not matter. Please call us TOLL FREE for a FREE CONSULTATION and we will be happy to answer any of your dog attack and dog bite questions over the phone, or make an appointment to meet you in person. Your initial consultation with us is absolutely free.

  Link: Dog Bites / Attacks

• 

  Pedestrian Accidents

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 NO RECOVERY = NO FEE PEDESTRIAN ACCIDENT FACTS: The National Highway Traffic Safety Association (NHTSA) reports that each year nearly 5,000 pedestrians die in motor vehicle related accidents, and more than 78,000 pedestrians suffer injuries when hit by a car or truck. In addition to pedestrian-vehicle incidents, thousands of non-vehicular pedestrian accidents also occur annually. Poor property maintenance, sidewalk or parking lot defects and/or construction or other debris on walkways cause or contribute to pedestrian accident injuries. Whether a vehicle or property defect causes an accident or injury, a pedestrian may recover damages for the injuries suffered if someone else's negligence caused or contributed to the incident. Negligence is the legal term for the failure to do (or not do) something that a reasonable person would, in a similar situation, in order to protect others from foreseeable risks. In order to establish negligence in a pedestrian accident, the injured person (the "plaintiff") must prove that the person at fault (the "defendant"): 1. Owed a legal duty to the plaintiff under the circumstances; and 2. Failed to fulfill ("breached") that legal duty through conduct or action (or through a failure to act); and 3. Caused an accident or injury involving the plaintiff; and 4. Harmed or injured the plaintiff as a result. The outcome of each case will depend upon a careful analysis of the facts of each accident as they relate to each of these essential elements. When a pedestrian injury occurs, there may be more than one party with legal responsibility for the accident. Depending on the circumstances of the accident, those with potential liability include: The driver of a vehicle that strikes a pedestrian; The party responsible for maintaining the sidewalk, roadway or parking lot where the accident occurred; The pedestrian himself or herself. Hence, the early involvement of a pedestrian accident lawyer with experience helping injured victims is the best way to assess and protect any potential legal claim.

  Link: Pedestrian Accidents

• 

  Asbestos Mesothelioma

  CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-959-5674 Get Help: If you are concerned about potential exposure to asbestos, or if you or a loved one suffers from asbestosis, mesothelioma, or another medical condition associated with asbestos exposure, you should take action to protect your legal rights by discussing your case with an experienced asbestos/mesothelioma lawyer. CALL NOW! Oaks Law Firm is here, at any time of the day, to assist you with your case and concerns. Asbestos is a fibrous mineral that has been used as insulation and as a fire retardant in a wide variety of products. Because of its durable, fibrous nature, asbestos can produce dust that, when inhaled, becomes deposited in the lungs -- causing or contributing to the development of illnesses including asbestosis (a fibrous scarring of the lungs) and mesothelioma (a malignant form of cancer in the lining of the chest or abdominal cavities). Because of health concerns, all new uses of asbestos in the United States were banned in July 1989. That year, the EPA published Asbestos: Manufacture, Importation, Processing, and Distribution in Commerce Prohibitions, the effect of which was to eventually ban about 94 percent of the asbestos used in the U.S. (based on 1985 estimates). Most asbestos uses established before that date are still allowed, but are strictly regulated by the government. Even with government regulation, asbestos-related lawsuits have been filed regularly since the 1960's, and continue to be filed frequently today. Determining Responsibility for Asbestos Exposure: In civil court lawsuits for damages, legal responsibility for injuries caused by asbestos exposure is sometimes determined under the law of product liability. A product liability case arises when someone uses, or is exposed to, a dangerous product that injures them. Liability is usually based on one of three theories: (1) breach of warranty; (2) negligence; or (3) strict liability. Breach of Warranty: There are two types of warranties: 1) implied warranties; and 2) express warranties. In an asbestos exposure case, you might be able to recover for a breach of an implied warranty under your state's implied warranty statutes, which are usually found in a state's commercial code. Implied warranties accompany the sale and use of many types of products, including those containing asbestos. In essence, implied warranties provide that a product will be fit and safe for its intended purpose. Liability for a breach of express warranty may exist if the supplier or seller of a product containing asbestos made a claim about the product that ultimately caused someone to buy or use the product, and that claim later turned out to be false. For example, if a supplier claims that using a particular asbestos product is safe, but the product is in fact unreasonably dangerous, the supplier may be liable to a person who relied on the supplier's statements and was injured by the product.

  Link: Asbestos Mesothelioma