PERSONAL INJURY
Certain close family members may be entitled to make a civil claim for wrongful death when a loved one is killed by the intentional, negligent actions of another. In order to recover money damages for wrongful death you must be able to prove that the negligent or intentional conduct of the defendant caused the death of the loved one. Wrongful death lawsuits often involve motor vehicle accidents, defective products, medical malpractice and work place injuries. In California the law is very specific about which family members are eligible to file a lawsuit for wrongful death damages. The spouse, children or parents of the decedent are typically the plaintiffs in a wrongful death lawsuit. Damages for the wrongful death of a loved one can be based on a number of different factors. The loss of the economic support provided by the decedent is a very important element of damages. This can be calculated by determining the amount of past earnings that have been lost, plus the amount of future earning that were likely to be earned by the decedent. California law also allows for recovery of compensation for the loss of love, companionship, comfort, society, solace and moral support. Maximizing the damages in a wrongful death case requires experienced and skilled legal representation. The lawyers at Ernst & Mattison have successfully handled many wrongful death cases, including significant settlements and jury trial verdicts. We are always available to answer your questions about a potential wrongful death case. BRAIN AND SPINAL CORD INJURIES Traumatic brain injury results from sudden physical damage to the brain. This damage can be caused by a closed head injury resulting from a blow to the head sometimes suffered in motor vehicle accidents, falls or acts of violence. It is not necessary that a person suffer loss of consciousness in order to sustain a brain injury. In some cases the injured person may exhibit symptoms that don't seem related to the injury. Traumatic brain injuries can sometimes manifest as personality changes, depression and fatigue. It is important to have any closed head injury evaluated by trained medical professionals. Spinal cord injury is damage to the spinal cord that results in a loss of function such as mobility or feeling. The spinal cord is a dense bundle of nerves that lies in a narrow canal in the center of the vertebrae. The spinal cord carries all of the major nerve pathways that connect the brain to the rest of the body. Injuries to the neck or back may damage the spinal cord, causing loss of function of the nerves below the injury. These injuries are often permanent and always significantly impact the life of not only the injured person, but also his or her family. Determining whether or not the injury was caused by the negligent or intentional conduct of another is only the first step. Skill and experience is required to recognize, properly identify and prove all of the damages related to brain and spinal cord injuries. The lawyers at Ernst & Mattison have a proven track record of successfully handling brain and spinal cord injuries on behalf of injured persons and their families. Experience counts when hiring a lawyer to handle your aviation accident case. Our firm has handled many aviation accident cases including pilot error, inadequate maintenance, as well as product liability cases resulting in millions of dollars in recovery for the plaintiffs. The wrongful death case of Cockrell v. United States was tried in the Southern District of California resulting in a $4.85 million decision in favor of the plaintiff. Don Ernst is a multi-engine and instrument rated licensed pilot and has logged thousands of hours of flight time. The firm's experience and private aircraft ownership allow us to quickly evaluate and investigate potential aviation cases around the Country. The cause of an aviation accident can be pilot error, product failure, negligent maintenance or even air traffic control errors. Determining the cause of the accident is critical if you have been injured, or a loved one has been injured or killed in an aviation accident. Assessing and proving damages are the next steps once it is determined that the accident was caused by the wrongful actions of a third party. Potential damages include medical expenses, loss of earnings, loss of earning capacity, pain and suffering and sometimes punitive damages. Wrongful death damages are also available when the accident results in a death. Aviation accidents are always serious and traumatic. Hiring a lawyer with the necessary experience and skill is critical in order to maximize your potential recovery. SIGNIFICANT AUTOMOBILE ACCIDENTS Motor vehicle accidents are the leading cause of injury in the United States for people under 35. Motor vehicle accidents result in more lawsuits in California than any other type of injury case. A motor vehicle accident can be as simple as a "fender bender", or as complex as product defects and negligent road design cases. Regardless of the cause injuries suffered in motor vehicle accidents are often physically, financially and emotionally severe. At Ernst & Mattison we work with top engineering, medical and financial experts to evaluate your case and maximize your recovery. Many times after a motor vehicle accident the responsible person's insurance company will contact you to discuss the case and may even offer you a settlement. It is very important that you have the advice of an attorney before providing any information to an insurance company or even considering a settlement. Remember, only the attorney you hire has your best interests at heart. If your motor vehicle accident was caused by a drunk driver you might be entitled to punitive damages. If your accident was caused by a driver without insurance coverage we can still help you obtain compensation for your injuries. We understand that after a motor vehicle accident your immediate concerns include getting your medical bills paid and your vehicle repaired. We have the experience necessary to make sure you receive all of the benefits to which you are entitled. At Ernst & Mattison we have successfully handled hundreds of motor vehicle accident cases for our clients, including significant settlement and jury verdicts. Determining the available remedies can be complicated when a worker is injured on a construction site. Employers in California are required to carry Workers' Compensation insurance. A Workers' Compensation claim is typically the only available remedy if the worker is injured due to his or his employer's negligence. Unfortunately, Workers' Compensation benefits do not include recovery for pain and suffering and obtaining full recovery for your past and future lost earnings is often impossible in the Workers' Compensation system. Therefore, in order to obtain full compensation it is very important to determine if a third party is responsible for your accident. When a third party is responsible for the accident the injured worker in addition to a Workers' Compensation claim may also have the right to recover compensation directly from the third party. Property owners, architects, engineers, other contractors on site and those responsible for the equipment being used may be liable under certain circumstances. At Ernst & Mattison we have extensive experience in handling work site injuries. We know how to handle the complicated insurance, liability and damages issues. We can help you determine if you have a Workers Compensation claim, a third party negligence claim, or both. Purchasers and users of virtually all consumer products can sue for damages if they are injured due to the defective design or manufacturing of the product. The manufacturer and the seller of the product can be held responsible if the product is unreasonably dangerous, the user has not significantly altered the product and it is being used in a reasonable fashion. California law allows for the recovery of personal injury damages in a product defect case, including medical expenses, past and future lost earnings and pain and suffering. In extreme cases punitive damages may also be available. Since the potential defendants in product liability cases are often large corporations such as drug companies or automobile manufacturers it is critical that you hire an attorney with the skill, experience and resources necessary to take your case to trial. At Ernst & Mattison we have successfully handled many defective product cases, including defective automobiles, bicycles, punch press machines and power tools. If you believe you have been injured as a result of a defective product we are available to consult with you. ELDER ABUSE AND NURSING HOME LIABILITY Few cases have more emotional impact than when harm is done to an elderly or disabled loved one. The ever increasing number of senior citizens in California has placed strain on those individuals and facilities that care for the elderly. Unfortunately, all too often our senior citizens are the victims of abuse. Liability for elder abuse in California is governed by the Elder Abuse and Dependent Adult Civil Protection Act. This act protects all California residents over age 65 and dependent adults with certain types of physical or mental limitations. The Act provides for damages when a covered person is physically, mentally or financially abused. A lawsuit under the Act may include claims for medical expenses and pain and suffering. In addition, an elder abuse case is one of the only injury claims that allows for the recovery of attorney's fees. This can be a significant advantage to the injured person. In extreme cases punitive damages can also be obtained. The Act is very specific about the time limits for bringing claims and about the elements of proof needed to be successful. If you suspect that you or a loved one has been the victim of elder abuse it is important that you contact experienced legal counsel right away. At Ernst & Mattison we have the skill, experience and compassion needed to help you. A "seaman" injured on the water may have a claim for damages under a Federal law known as the "Jones Act." In order to recover on a maritime injury claim one must prove that a negligent act or an unseaworthy condition aboard a vessel caused the injury. A claim under the Jones Act can be made not only for accidental injuries, but also for occupational diseases acquired due to exposure to toxic chemicals. An injured seaman can seek compensation for lost wages, loss of earning capacity, medical expenses, mental anguish, pain and suffering and the loss of food and shelter that would have been provided while onboard. A Jones Act claim is unlike a California Workers' Compensation or personal injury case. It is critical that you consult an attorney experienced in handling Jones Act claims. We have the necessary experience to help if you or a loved one has been hurt while working onboard a vessel. UNINSURED AND UNDERINSURED MOTORIST CLAIMS All drivers in California are required to carry insurance with a liability limit of at least $15,000 per person and $30,000 per accident. Unfortunately not all drivers follow the law and drive without any insurance. When a driver who causes an accident carries only a minimal policy limit that insurance is often insufficient to fairly compensate the injured person. If you have been injured by the negligent actions of an uninsured or underinsured driver you may still be able to obtain full compensation for your injuries. Most insurance policies in California include "Uninsured Motorist" coverage that will allow you to obtain compensation through your own insurance policy when you are injured by an uninsured driver. Uninsured Motorist coverage also operates as "Underinsured Motorist" coverage when the person who caused your injury does not have policy limits high enough to fully compensate you. In this instance your Uninsured Motorist policy limits can be used to supplement the low limits carried by the responsible party. Making a claim under your own Uninsured or Underinsured Motorist policy will not increase your premiums. It is very important to hire a lawyer who understands the rights and obligations of an insurance company in Uninsured and Underinsured Motorist cases. At Ernst & Mattison we have handled hundreds of uninsured and underinsured motorist cases for our clients. We are happy to speak with you about your case. INSURANCE CLAIM DISPUTESLIFE, HEALTH AND ACCIDENT POLICY DENIALS An insurance policy is a contract. You pay premiums with an expectation that the insurance company will provide benefits when the conditions specified in your policy occur. If your insurance company has unreasonably failed to pay or defend you on a claim under your Life, Health or Accident policy, you may have an insurance bad faith case. An insurance company has a duty to deal with your claim in good faith. When they do not they have breached their contract with you and you may be entitled to damages. If you believe your insurance claim has been improperly denied you should immediately contact an attorney. Some disputes may be able to be resolved with just a phone call or letter. However, in many cases aggressive litigation is required to make sure you get the benefits you paid for and to hold the insurance company accountable. At Ernst & Mattison we have years of experience fighting insurance companies. We have been very successful and know how to win. Please call our office if you would like to discuss your potential case. Long Term disability policies are purchased with the expectation that individuals will be provided financial compensation in the event they are unable to work due to a disability, injury or illness. The consequences can be devastating when an insurance company wrongfully refuses to pay the benefits when a valid claim is made. Insurance companies are required to undertake a thorough and unbiased review of each claim. When an insurance company fails to fairly evaluate a claim, or requires the insured to take unreasonable steps to verify a claim, the company has breached its obligation of good faith and fair dealing which is implied in every insurance contract. You may have a claim for insurance bad faith if this has happened to you. Damages for insurance bad faith can include payment of the benefits due to you, emotional distress damages, attorney's fees and even punitive damages. If you believe your insurance claim has been improperly denied you should immediately contact an attorney. Some disputes may be able to be resolved with just a phone call or letter. However, in many cases aggressive litigation is required to make sure you get the benefits you paid for and to hold the insurance company accountable. At Ernst & Mattison we have years of experience fighting insurance companies. We have been very successful and know how to win. Please call our office if you would like to discuss your potential case. A Class Action lawsuit is among the most powerful tools available to hold large corporations accountable. A Class Action is a lawsuit brought by an individual or small group of individuals on the behalf of other similarly situated people. Many times an individual could not fight a claim against a large corporation when the individual harm is relatively small. However, when thousands of people who have been harmed the same way file a lawsuit corporations are often forced to compensate the victims and change the way they do business. Class Action lawsuits enable all affected people to act with one voice. At Ernst & Mattison we have the skill, experience and resources to successfully fight large corporations in Class Action lawsuits. In addition to actively representing consumers in Class Action cases Ernst & Mattison is also involved in the protection of the rights of consumers against corporations and politicians who are fighting to ban or severely limit Class Actions lawsuits. We believe that the rights of consumers are best protected when experienced, aggressive lawyers take on large corporations through Class Action lawsuits. We are always available to discuss your potential case. |
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