Personal Injury Lawyer Settlement

How long does it take to Settle a Personal Injury Case?

It really depends! Some cases result in more physical injury and others cause more of psychological stress. So both are seen separately and the settlement can take longer depending on how much injury you have suffered. If you suffered loss of wages, and if the personal injury stopped you from working, then the losses are compounding and settlement can take more time!

According to Mastrangelo Lawyers in Orindo California, MLO Lawyer, U.S. tort laws give you the right to file claims for full compensation and register a case against the wrongdoer.” And for this you might seek help of a lawyer near you.

For this, you may need to take help of a personal injury lawyer. The lawyer will help you to get the rights compensation that you deserve for your injury. The best personal injury attorney will help you in filing a personal injury lawsuit. Sometimes, the cases can be settled by just negotiating with the party at fault. If the case is a serious one, then that goes to trial. Most likely, in a lawsuit, the person who suffers from the personal injury seeks a fair compensation for the injuries that he/she has already suffered as well as injuries that might follow (psychological).

What are some of the things that can be considered DAMAGES as a result of the Personal Injury?

  • Wage Losses
  • Emotional Suffering
  • PTSD (in cases of dog bites and other accidents)
  • Depression
  • Repairing or replacing lost property
  • Covering extra costs associated with the injury
  • Damages for future earnings

The actual duration of the case can vary with the cases. It is not possible to give the right answer about how long the lawsuit will take to settle. There are some cases which take at least a year from the date of filing the complaint to get to settle, and others can take around six months. So, it is quite unpredictable. A personal injury lawsuit can take 2 to 3 years to get settled in our experience.

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How to Find the Best Personal Injury Attorney in California

The best attorneys are hard to find.

Finding the best personal injury attorney can be a bit of a challenge.  Nowadays there are companies called “aggregators”  These companies are really just advertising agencies that look like a law firm.  When you call them, they “sell” your case to a real lawyer in your area.  The problem is you have no idea who that “real” lawyer is.  Somewhere in the paperwork will be a paragraph that says you didn’t actually hire the aggregator but instead you hired a lawyer.

This happens in just about every field.  I know a guy who runs ads to look like all the big solar companies and then sells the “lead” to the highest bidder.  He does all of this from his cell phone on the ski slopes in the winter.  It’s a pretty good gig if you understand the business and are the guy making the money.  It isn’t a good deal for the consumer who has no idea who they are hiring or the business owner who is paying extra for a customer that might not be a good fit.

The best attorneys in California have a record.

One of the first things that sets the best attorneys apart from the crowd is their record.  Attorneys don’t leave law school and suddenly open up as the best attorney in California.  They work for larger firms and get the experience they need before hanging their own shingle.  

The best attorneys will have a winning record.  With personal injury attorney’s they also need a checkbook since most of them are covering the expenses of the case until they get a settlement that favors the client.  The trick is finding those attorneys.  When you find an attorney, ask them how many cases they have won.  If they are losing more than 25% of their cases, find a new attorney.  Winning attorneys have a winning track record.

The best personal injury attorneys in California don’t make you pay.

In California and many states, it is common practice for for cases to be accepted on “contingency”.  When an attorney takes your case on contingency it means they don’t get paid unless you win.  You don’t have to write them a check to get started.  If all attorneys had to work this way, lawsuits might be more reasonable.

The best attorneys have been around for a long time.

The last thing that you will notice when you look for the best personal injury attorneys is that the good ones have been around a while.  Many of the top firms are more than 25 years old.  That doesn’t mean your lawyer is old, it just means the attorney in charge who is coaching your case has a lot to experience.  You might get a young attorney, but if they are at an old firm, your chances are probably a little better.

The bottom line.

The bottom line when looking for a personal injury attorney is this:  You are looking for a firm with a long track record of wins, not a phone number on the bus that will charge any attorney for the case.

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All Accidents are NOT the Same

If you have been involved in an accident, your friends and family might have some great advice. They also might not have the greatest advice. When you are injured in an accident or lose a loved one due to an accident, you probably need an attorney.

The best part about talking to an attorney after an accident is the consultation is free. If we can’t help you we won’t charge you, not that is better than a money back guarantee, since you don’t pay anything for your initial consultation and you don’t pay anything unless we are able to help you and get you the help you need.

Call for a free Consultation Now.  925-258-0500

Serving the entire East Bay with offices is Orinda, Pleasanton, Concord and Fremont

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$450,000 Win For Victims Of a Drunk Driving Accident

Two girls were involved in a drunk driving accident, leaving them both injured and in debt. The girls visited the home of a mutual friend one night, where the three began drinking together. The defendant drove the two girls to watch the sunset where they continued to drink more. On the way home, which should have been a short trip, the defendant started driving erratically along the winding roads of Grizzly Peak. The defendant hit a sharp curve at a high speed and his vehicle sailed over the edge of the cliff. The car rolled over and over as it plummeted 450 feet down the hillside. The damage to the vehicle was tremendous. The two girls were trapped in the upside down vehicle as the defendant released himself, climbed out through his window, and started to walk away as the two girls cried for help. The defendant eventually freed the girls from the vehicle but refused to call for help. He left the girls at the scene and returned home on his own.

The two girls dialed 911 on their own, and despite sustaining serious injuries managed to climb their way up the hill and back to the road. Both girls were taken by ambulance to a nearby hospital. The defendant first tried to claim his car was stolen, but it was obvious to the police he was inebriated and the guilty party in the drunk driving accident. Although all three parties involved in the crash had been drinking, it was the driver who was responsible for the accident. Do not hesitate to call the attorneys at Mastrangelo Law Offices if you have been involved in a drunk driving accident.

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Serving the Entire East Bay including Orinda, Danville, Walnut Creek, Fremont, Pleasanton, Concord and Richmond.

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Is Live Signage Advertising Making Driving Unsafe?

Chances are that you have seen human advertising before.  It is hard to ignore a person dancing and twirling a large sign on a street corner during a busy day, wearing a huge billboard around their neck, or dressed up in a ridiculous costume.  Use of human advertising is especially common to promote flash sales and seasonal businesses like tax services.  Companies have been using human directionals (sign holders) to attract attention to their businesses for centuries.

A business will send a human directional to perform in areas of high pedestrian and automobile traffic to attract the highest number of potential customers.  Unfortunately, this can be dangerous.  Human directionals walk, twirl, dance, spin, and move their signs in an exaggerated fashion which can be distracting to drivers.  A number of cities have banned human directionals that twirl and move signs to prevent automobile accidents.  Distracting drivers is a common concern, but negligent sign walking can also pose a threat to pedestrians.

A client of Mastrangelo Law Offices was standing on a sidewalk corner in Pleasant Hill, California.  She was waiting for the light to turn green so she could cross the street.  A human directional was walking up and down this busy street, turning a 10 foot tall sign to attract attention to a nearby liquidation sale.  A strong gust of wind caused the sign walker to lose control of the sign he was holding, which struck our client, causing her to fall and fracture her pelvis.  Wind is a known hazard of sign walking.  Strong wind makes controlling the sign difficult.

The city’s municipal code controls signage.  An outdoor advertising structure sign and/or sign location within a public right of way is prohibited.  A public right of way includes public streets, alleys, sidewalks and unpaved areas.  The defendants violated the city’s municipal code by having a 10 foot tall sign advertising a sale on a sidewalk, within the public right of way.  To get the most exposure and make the most money, the 10 foot sign was being walked and turned on one of the busiest intersections of the city, during one of the busiest times of the year.  Pedestrian traffic is high at this location.  To have a human directional working this area is dangerous and unsafe.  The defendants hired and instructed this sign walker to work this particular street, which resulted in our client’s injuries.  The defendants were liable for our client’s damages.

Accidents are not always as simple as rear-end collisions and trip and falls.  Call Mastrangelo Law Offices if you have been involved in an accident where you believe you were not at fault.

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Cell Phones and Texting While Driving – Bad Things Happen

Have you ever witnessed someone driving erratically while talking on the phone or texting?  It is common knowledge that using a cell phone while driving is dangerous and negligent.   California law now requires the incorporation of a hands free device into the vehicle.   Despite the laws, warnings, and campaigns to stop this reckless behavior many drivers still continue to talk and text while on the road every day.  The National Safety Council estimates that at least 1.6 million crashes per year involve drivers using cell phones and texting.  In personal injury law, we encounter a range of cases involving cell phone use resulting in minor to fatal injuries.

Driving while talking on a cell phone in stop and go traffic can be especially risky.  A recent client of Mastrangelo Law Offices was driving in traffic when she observed the woman behind her was talking animatedly on a cell phone.  The woman did not slow down and collided with the rear of our client’s vehicle.  The defendant was found in violation of California Vehicle Code Section 22350: driving at an unsafe speed for the conditions.  The defendant was distracted by her phone conversation, was not paying attention to the road, and was not able to stop her vehicle in time.  The defense stipulated to liability in this matter, and the case settled for $150,000. Our client was well compensated for her pain and suffering that was a direct result of this accident.

There will always be drivers who disregard every warning and continue to endanger the lives of others by talking on a cell phone while driving.  You should never have to pay for someone else’s careless use of a cell phone.  Call Mastrangelo Law Offices today if you or someone you know has been injured as a result of another driver’s negligent cell phone use.

Call Now for a free consultation if you have been hit by a texting driver.  925-258-0500

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Texting and Driving Accidents Getting Worse.

Orinda, CA – California already has a strict, no handheld device law on the books and yet texting and driving accidents continue to rise.  “Has text messaging made our lives suddenly so important that nothing can wait?” asks attorney Nick Mastranglo.

Recently Mr. Mastrangelo represented the family of a man who was run over while changing a tire.  The driver who hit him was texting.

Nearly 23% of all accidents are proven to involve the unlawful use of a cellular device.  With text to speech and other software ads, it isn’t always easy to prove if the person was talking or texting.  In California it doesn’t matter.  Any use of a cellular device by a driver must be hands free.  Even then it may not be as safe as you think.

Tests show that texting increases the risk of an accident by 23 times!  In Belgium people were tested to see if they could pass a drivers test while texting and driving.  The video on YouTube shows the reality of texting and driving.

Many other studies show that reaction times while reading a text are equal to drinking four beers or more.

Here is another bite to chew on:

According to court records, a New Jersey man was texting while driving when his vehicle strayed out of his lane, hit a motorcycle and severely injured both motorcycle riders. The injured couple sued the driver and the person who sent him the text when the accident occurred.

While the driver was found liable, the court found that the sender was not.  However, in its opinion, the court said that a text sender might be held responsible if the person knowingly distracted the driver by sending a text he or she knew would be read immediately.

Texting While Driving Causes:

1. 1,600,000 accidents per year – National Safety Council
2. 330,000 injuries per year – Harvard Center for Risk Analysis Study
3. 11 teen deaths EVERY DAY – Ins. Institute for Hwy Safety Fatality Facts
4. Nearly 25% of ALL car accidents

Texting While Driving Is:

1. About 6 times more likely to cause an accident than driving intoxicated
2. The same as driving after 4 beers – National Hwy Transportation Safety Admin.
3. The number one driving distraction reported by teen drivers

Texting While Driving:

1. Makes you 23X more likely to crash – National Hwy Transportation Safety Admin.
2. Is the same as driving blind for 5 seconds at a time – VA. Tech Transportation Institute
3. Takes place by 800,000 drivers at any given time across the country
4. Slows your brake reaction speed by 18% – HumanFactors & Ergonomics Society
5. Leads to a 400% increase with eyes off the road

Please don’t text and drive.

Nick Mastrangelo is a personal injury attorney with the Mastrangelo Law Offices.

Call  me for a free Consultation if you have been injured in an accident or you have lost a loved one in an accident.

– Nick Mastrangelo

Free Consultation 925-258-0500