Personal Injury / Death
Experience, Courage, Creativity, Respect
Serious personal injury and death occur in all kinds of ways, whether by a car accident or truck accident, an accident at work, a construction accident, slip and fall or trip and fall, explosion, defective product, burn ...the list is endless. The injured person or the family of the deceased should not be the only ones to have to bear the consequences. Justice and common sense demand that those who cause harm should be held accountable for the harm they cause.
When faced with catastrophic injury (such as quadriplegia, paraplegia, brain injury, burn injury, amputation, complex regional pain syndrome, blindness, etc.) or the wrongful death of a loved one caused by someone else, lack of knowledge or experience in these areas, compounded by stress, makes seeking legal advice early a wise decision. You will need an experienced, courageous, creative and respected lawyer to help you through the legal maze.
Special knowledge of physics, medicine, engineering and economics are all a part of the arsenal of a good civil justice lawyer. The lawyers at Bohn & Bohn know how to find and talk to experts in various fields and how to interpret their records, reports and opinions. They also know how to effectively attack the experts typically hired by the defense.
Lawyers sometimes miss claims which might not be so obvious at first blush or which might take some research, creativity or substantial funds to investigate or pursue. We at Bohn & Bohn look at all avenues for recovery. For instance, while on-the-job injuries are usually covered by workers compensation, if someone other than a co-employee or your employer contributes to the cause of the injury, then a lawsuit against that "third party" for additional recovery might be appropriate. In many cases, there might be multiple parties responsible for causing a serious injury or death. For example, while a driver of another car might have contributed to the cause of the accident, other contributing factors might be a poorly designed or maintained roadway or a defect in one of the vehicles involved. In a defective product injury or death case, experts are typically necessary to evaluate the product, whether it be a tire, seatbelt, car seat, vehicle, tool, pedicure chair, medical device, drug or other product. In automobile accident, truck accident or motorcycle accident cases, if the party who caused the injury or death does not have enough insurance coverage, you may have an additional claim under your own automobile "uninsured" or "underinsured" motorists coverage. An open minded and creative attorney, like those at Bohn & Bohn, will find the best methods and sources of recovery for you.
Every case has three major parts - liability (proving the defendant's fault), causation (proving the link between the defendant's conduct and your damages) and damages (proving the fair and reasonable value of your losses). A good and reputable trial lawyer can make a sizable difference not only in being able to win your case, but as well in maximizing the type and amount of damages recovered in any given case.
Please see our "Resources" page for information on how to obtain accident reports, government agencies to report to, medical information and insurance and consumer information.
Timing
Timing is a critical factor in any case. Early assistance and preparation are the keys to obtaining successful results. Critical evidence must be preserved. Witnesses must be located and contacted as soon as possible. Doctors in appropriate specialties must be consulted. Evaluation by experts in such fields as medicine, engineering, medicine, product design, automotive, etc. might be critical to the eventual outcome of your case. Furthermore, once you are represented by an attorney, your opponent's insurance company can no longer contact you directly to obtain a statement which they will attempt to use against you in your case.
Questions naturally arise about how, when and where claims must be filed. Failure to timely file certain claims with the proper agencies or courts may result in complete forfeiture of your claims. For example, in California, a lawsuit against a private person or entity must be filed within two years of the accident or the claim will be barred by the statute of limitations. Claims against public entities, such as cities, counties, the state or a public agency, must be filed within six months of the accident. If the claim falls under federal law, different rules may apply. These and other details of pursuing your right to recovery are reasons why attorneys at Bohn & Bohn can be a great help to you.
Please see our "Resources" page for information on how to file claims against government entities.
Affordable
Everyone knows that lawyers can be prohibitively expensive. Unlike large corporations or independently wealthy individuals, most people do not have the money to realistically pay for a good lawyer out of their own pockets. We realize that many of the people we represent have lost or are losing income due to their injuries and may also have large medical bills to pay. This makes it only harder for someone to afford an attorney. As a result, we charge nothing for an initial consultation and, if you hire us, we work on a "contingent fee". If we successfully obtain a recovery for you, then we are paid a portion of that recovery. On the other hand, if we do not obtain a recovery for you, we receive no fee. Moreover, we typically finance the case for you and are paid back from recovery - like an interest-free loan. That's right - we bear the substantial financial risk in your case and only get paid if we win.
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Defective Products
In America, we have certain protections as consumers, including protection from serious injuries caused by defective or unsafe products. Unfortunately, as we have seen time and time again, our government agencies alone cannot adequately protect us from dangerous products. Where our government fails us, our civil justice system comes into play.
Products are designed and made for the benefit and enjoyment of those who use them. Manufacturers and suppliers alike profit from the sale and distribution of their products. If they make or sell products which are defective and harm people, they can be held accountable for the harm they cause. A product liability claim is the consumer's tool for enforcing such accountability.
Sometimes, a bystander of the product (rather than a user) is injured (such as in an exploding tire case, defective vehicle design case, pedicure infection case or a structural collapse case). The injuries inflicted can be catastrophic and disfiguring (i.e. quadriplegia, paraplegia, amputation, burn injury, brain injury, blindness, scarring). The injured party may have no way of knowing what the nature of the defect was that caused the injury, or even who was the manufacturer or distributor.
The attorneys at Bohn & Bohn know how to evaluate, investigate and successfully prosecute defective product cases. Experts in various fields such as engineering design, metallurgy, human factors, labeling, accident reconstruction, biomechanics or otherwise assist in isolating the underlying causes of an incident and result injury. To pursue such a case, a law firm must have not only the requisite skills, but also the resources to challenge huge corporate conglomerates and their armies of high-priced lawyers. The attorneys at Bohn & Bohn routinely take on these corporate giants and their counsel, including General Motors, Ford, Dorel, Cosco, Wal-Mart, FMC, IBM, Apple, Praxair, Pennzoil, General Tire, Peterbilt and others (both foreign and domestic).
Please see our "Resources" page for information on government agencies, medical information, and insurance and consumer information.
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Traffic Accidents
Accidents do happen. Most of the time, they are entirely avoidable. In the aftermath of a car accident, truck accident, motorcycle accident, bus accident or bicycle accident, people are often left not only in pain but saddled with expenses which can sometimes seem overwhelming. The attorneys at Bohn & Bohn can help relieve your stress and get you back on the road to recovery.
Most traffic accidents occur because someone is not paying attention to his or her driving. Collisions caused by the driver's lack of attention are called negligence and usually place the fault on the negligent driver. Sometimes, however, the driver is not the only one at fault. Perhaps the owner of the car (whether an individual or employer) negligently gave the keys to someone who should not have been driving. If the collision occurred during the course and scope of the driver's employment, the driver's employer (or its insurance company) might be held responsible. The collision might have been caused, contributed to or even worsened by a vehicle defect or unreasonably dangerous roadway.
Different rules may apply depending on the type of vehicles involved in a collision. For instance, operators of buses, taxis, trains, limousines, airplanes and even some amusement park rides can be determined to be "Common Carriers" who owe a higher duty of care than normal to their passengers and others.
The major damages recoverable in most serious injury claims are legally known as "general damages." These are damages to the person (rather than just to the pocket book) meant to compensate someone for the pain, anxiety, stress, fear, suffering, inconvenience and interference caused in the injured person's life. Recovering damages is this area is where an experienced civil justice lawyer can make a great difference in a case. Our Case Results and Attorney Profiles sections on this site demonstrate a snapshot of our success in representing seriously injured people and families of those who have been wrongfully killed by others.
Please see our "Resources" page for information on how to obtain accident reports, government agencies to report to, medical information and insurance and consumer information.
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Accidents on the Job
"Time is money." The full meaning and impact of this term is ever apparent in accidents on the job. On-the-job accidents are covered by workers' compensation, but only to a certain extent. Workers' compensation pays the medical bills and a reduced amount for disability, but never fully covers the employee's lost income. Unfortunately, recent reforms in this area of the law has substantially decreased recoveries under the worker's compensation system.
At the conclusion of the workers compensation case, a permanent disability award is often given. The award is determined from a list of awards made by the government and never fully compensates the victim - especially for a major injury. Some injuries are not covered at all or have low limits for awards such as for emotional distress or psychological injuries.
If a third party (someone other than the employer or a co-worker) contributes to causing the accident, the employee may have additional recourse by way of a civil suit against the responsible third party. In a civil suit, such as those brought by Bohn & Bohn, the injured employee has a renewed chance to receive fair and adequate compensation for the full amount of his/her damages.
Examples of third party liability accidents include:
- Receptionist driving on company business is injured in a traffic collision;
- Painter standing on a scaffold improperly erected by a general contractor is injured when and the scaffold collapses;
- Carpenter using a defective nail gun is injured when it explodes;
- Laborer is injured when he turns on a high-pressure oxygen line that explodes because the installer of the line used the wrong valve for the system.
Properly representing clients in cases of "third party" liability requires knowledge of how the workers compensation case and civil case interplay. While Bohn & Bohn does not handle workers compensation cases, but we do represent employees injured on the job in third party liability civil suits.
Please see our "Resources" page for information on how to obtain and make accident reports, medical information and insurance and consumer information.
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Dog Bites
Contrary to what some might think, dogs do not get a "free first bite." Nor do their owners. Dog owners are strictly liable if their dog bites a person. This means that to be held responsible for the bite, the dog's owner does not have to be acting unreasonably - he only has to own the dog. A dog does not have to be provoked to attack in order to hold the owner liable. The law is designed to protect humans from dogs. Regardless of how much someone may love his dog, and the absence of prior bites, any dog is capable of biting a person.
Children are most often the victims of dog bites for several reasons. They are shorter than adults and their faces are closer to a dog's face. Children often do unexpected things that may frighten a dog. Children lack the awareness of a dog's propensities and may not naturally protect themselves as an adult might. Children are more likely to stare into the eyes of a dog, which may be interpreted by the dog as a challenge or provocation.
Other common subjects of dog attacks are meter readers and mail carriers who often have to enter a dog owner's yard or walk to the front door of the house. Many dogs have a natural tendency to protect the homestead and are known to bark at intruders and sometimes launch a full-scale attack.
A dog attack is a frightening event. For centuries, large dogs have been used by the police, military and private individuals and have been known to kill people. Even with small dogs, bites can become infected and can leave ugly scars. Those who have been injured in a dog attack often are left with life long fear or apprehension of dogs requiring psychological counseling to deal with such fears and nightmares.
A major part of any dog bite case is discovering the identity of the owner of the dog and how the attack occurred and then knowing how to evaluate the resulting damages. Bohn & Bohn has the knowledge and skills to assist those who have suffered dog bites in recovering full and adequate compensation for their injuries, both physical and psychological.
Please see our "Resources" page for information on how to obtain and make accident reports, medical information and insurance and consumer information.
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