Los Angeles, California (PRWEB) August 15, 2011
Wrongful Death & Personal Injury Victims seek justice. The Law Offices of Ledger & Associates have been retained on two high profile truck accident matters in 2011.
The first accident on May, 16, 2011, resulted in the death of 20 year old U.C. Riverside student Sharon Renee Higgins. Ms. Higgins had run out of gas on Pomona 60 Freeway but safely made it to the shoulder where she awaited her boyfriend, Otis Hall, to assist her in re-fueling. Martin Llamas presumably feel asleep at the wheel allowing is 80 thousand pound 18 wheeler to drift on to the should killing both Ledger & Associates client Sharon Renee Higgins & Hall.
Further News
The second major trucking accident matter in which Attorney Emery Brett Ledger is seeking justice happened north of Sacramento on Highway 50 on July 12, 2011. Ledger & Associates client Mary Henschel was driving a Ford F150 pickup when she was struck by a big rig which had lost its brakes. 42-year-old Mike Mathes of Missouri, the driver of the 18-wheeler, was killed in the accident. Ms. Henschel was airlifted to the trauma center in Roseville after sustaining life threatening injuries. Further News
Truck Accident Attorney, Emery Brett Ledger, stated, "In both these accidents we have extreme negligence on the part of the trucking companies and their employees. In the first case, driver fatigue most often caused by companies pushing their employees to the limits. In the second case of break failure our investigation clearly point to systematic neglect of the basic redundant safety features on the truck. In both cases we will be seeking punitive damages to ensure the lives of other California's are not ruined by the corporate greed of trucking companies."
"Many people never imagine the day will come when they have to face a catastrophic personal injury coupled with piling medical bills, lost wages and a painful physical recovery. Most do not contemplate the notion that a speeding or distracted motorist can single handedly alter the course of one’s life forever," says Emery Ledger, "Trucking and car accidents often ruin people's lives. Plaintiffs are constantly bombarded with physical and financial devastation at the hands of negligent defendants failing to conduct themselves reasonably and safely with respect to others. Auspiciously, the American civil justice system is designed to help injured plaintiffs recover the compensation they deserve as they face mounting debts and devastation at the hands of the defendant."
The elements of a personal injury action include four necessary legal requirements all of which must be met to succeed in court. To begin, a defendant must have a duty to the plaintiff to conduct himself as a reasonably prudent person under the circumstances. Defendants have a duty to any foreseeable plaintiff. In other words, if it is probable that the defendant’s actions might injure another person, that person is a foreseeable plaintiff and the defendant owes him a duty of care. Secondly, the defendant must breach that duty of care. Third, the breach must proximately and actually cause the resulting injury to the plaintiff. Sometimes, a defendant breaches his duty of care but an intervening or superseding cause interrupts the chain of events and the plaintiff is actually injured by a third party. In these situations, the causation requirement is not met and the plaintiff cannot recover. Lastly, the plaintiff must prove damages in the form of physical or financial injury.
If the plaintiff meets all four requirements for a personal injury cause of action, he is entitled to a damages award. Many victims of automobile accidents or personal injury are very inquisitive as to the measure of their personal injury damages and are eager to know exactly how much money they can recover. The court will consider two types of damages: general and specific. General damages are those that compensate non-monetary harm sustained by the plaintiff following a personal injury. This can include pain and suffering, mental anguish or loss of consortium. The plaintiff cannot readily assign a dollar amount to general damages so the jury will assess the totality of the circumstances to determine the proper amount of general damages. Punitive damages are often appropriate in the case of gross or criminal negligence. Punitive damages are designed to punish the defendant and prevent similar future bad behavior.
Another common personal injury action involves injury or death as a result of adverse side effects from prescription medications. Large pharmaceutical companies are held to rigorous and demanding product testing guidelines. The FDA mandates that all medical devices and drugs pass years’ worth of tests and trials before becoming available on the consumer market. Nevertheless, consumers are injured every day by unknown side effects of medications or medical devices. Plaintiffs injured by surgically implanted devices often undergo painful subsequent corrective surgeries resulting in time off work and difficult recovery periods. Medical corporations settle with plaintiffs every day to avoid the high cost of litigation and civil trials. Personal injury attorneys are astute at handling the hardball tactics and tough negotiation styles of the large pharmaceutical companies and plaintiffs should never hesitate to assert their rights against these large corporate defendants.
Whatever the injury, civil lawsuits are designed to compensate plaintiffs for injuries sustained at the hands of another. If you have sustained a physical or financial injury at the hands of another seek out the best legal counsel possible. Whether your injury stems from a trucking accident, motor vehicle accident or an adverse pharmaceutical side effect, do not hesitate to contact a wrongful death or personal injury attorney The Law Offices of Ledger & Associates.
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