Swanson O’Dell
Frequently Asked Questions
Frequently Asked Questions
Remember the most important part of any case is to document the accident, the injuries, get names of witness, and take photographs of everything including vehicles, license plates, and the accident location from all directions. Do not talk to an insurance investigator or give a statement until after you have talked to one of our attorneys or representatives.
Auto Accidents
If you or a loved one has suffered an injury as a result of someone else’s careless actions, as a result of a car, motorcycle, big rig, trucking companies, trip/slip and fall, dog bits, hit and run accidents you deserve to be justly and adequately compensated.
Whether you have experienced an injury even if the responsible party is insured, you may not get the restitution that you need in order to restore what you’ve lost. One thing to remember is that California laws impose a time limit on personal injury victims who seek compensation for expenses such as medical bills, lost income, vocational rehabilitation, physical pain and emotional suffering. This is called the “statute of limitations.” In some cases, the time limits can be as brief as 180 days or as long as two years (sometimes even longer).
Bicyclists, too, are vulnerable and unprotected in most instances when struck by cars and trucks. Many drivers do not understand, or believe, that cyclists have an equal right to be on the roadway. Inattentive drivers often ignore bicyclists and focus only on other cars and trucks. Motorists commonly make right turns directly in front of cyclists, or open their vehicle doors without looking. Others pull out from a driveway, a curb, a side street or an alley. Bicycle accidents involve unique issues regarding visibility and accident reconstruction. They require attorneys who are skilled and experienced in handling such cases. For the cyclist, a bicycle accident is often a fearful and traumatic experience. An unprotected human body is no match for a 10,000 pound car or truck, or even for the hard pavement below. If you have been injured in a bicycle accident, you are entitled to the same compensation as a person in a vehicle: reimbursement for medical bills, repayment of lost wages, compensation for your pain and suffering, emotional distress, scarring, embarrassment and disfigurement.
Pedestrians Crosswalk Accident
Pedestrian Accidents: this office has had great success in successfully resolving claims on behalf of pedestrians, bicyclists, and runners. All have the same right to use the road as cars and trucks, even though drivers do not always behave in a way that acknowledges this.
Whenever a person is legally using a city or county street while walking or riding a bike, and he is struck by a car, truck or other vehicle, he has the very same right to seek financial compensation as any motorist. According to the National Highway Traffic Safety Administration, 5,000 pedestrians die each year in motor vehicle accidents, and more than 78,000 pedestrians suffer injury when hit by a car or truck. Pedestrians are at a higher risk for injury and death than any other non-vehicle occupant group involved in automobile accidents. Almost 90% of non-occupant fatalities are pedestrians, not cyclists or skateboarders.
Motor vehicle versus pedestrian accidents can cause extraordinary suffering and loss. Injured victims should be represented by counsel with experience in such cases. In crowded cities throughout California, simply crossing a street can often be dangerous. As a pedestrian, you have no safety devices or protection of any kind in an accident. Serious injury is almost guaranteed in a collision with a car or truck.
Medical Malpractice
Every year, hundreds of thousands of people are injured or die as the result of preventable medical errors. While not every unfavorable outcome following medical treatment is a case of medical malpractice, healthcare providers owe patients a duty to follow certain standards of care. Each medical provider must meet or exceed the standards of care for the community they practice in including but not limited to Surgical Error, Hospital Negligence, Nursing Negligence, Paramedic/EMT Negligence, and Outpatient Surgery Center Errors. Healthcare providers may be held liable for medical malpractice when their conduct falls below the accepted standards of care, and a patient is injured or dies as a result.
Products Liability
Product liability cases exist when a person is injured as a result of a defective item. The item can be as big as a bulldozer or as small as a hair dryer. There are two basic types of product liability claim: 1) defective design; and, 2) defective manufacture.
Defective Design
Defective design cases are ones in which the product failed due to being designed negligently. For instance, a table saw that is designed without a finger guard might be such a product. Paper shredders without finger guards to protect children’s hands.
Defective Manufacture
Defective manufacture cases are ones in which the design was proper, but something went wrong in the manufacturing of the item that made it unsound. For instance, a ladder might be designed properly when the engineers specify using a three-inch piece of wood for each rung. But if the wood is damaged during the assembly process, a defective manufacture case might be present. Sometimes products liability cases involve a combination of both defective design and defective manufacture. Only an attorney can tell you if such a case exists.
Premises Liability
Premises liability is any form of negligence that results in personal injury while on another’s property. Our attorneys provide professional representation in premises liability litigation.
Oilfield Accidents and Third Party Liability
Oilfield accidents can happen when companies put profits ahead of employee safety. Oilfield accidents are often preventable, occurring solely as a result of improper equipment maintenance, dangerous site conditions, insufficient training, substandard safety policies and other unacceptable errors. Our lawyers will help you help you pursue claims against companies, contractors, subcontractors, third parties and negligent product manufacturers who are at fault for oilfield accident injuries.