Monterey Personal Injury and Wrongful Death Lawyer

Personal Injury and Wrongful Death Cases We Handle

When dealing with personal injury and wrongful death claims it is essential that you are well informed about all aspects of your case. Our firm is familiar with the wide variety of types of injury-causing accidents, the complicated laws and regulations governing personal injury and wrongful death cases and the way in which insurance companies evaluate and handle personal injury and death cases compensation. We maintain a close relationship with each client and pride ourselves on the ability to work quickly and aggressively toward a successful outcome.

Our firm has more over 80 years of combined experience and is dedicated to working the hardest we can for our clients. As aggressive trial lawyers we will not be satisfied with settlements that fail to recover the value of your damages. If you, a friend, or a family member has been injured or died in any of the following kinds of accidents Swartz & Kennedy can be of assistance.

• Car Accidents - Car accidents are one of the leading causes of personal injury and death in America. The results of injuries suffered in car accidents can affect all aspects of one's life and can negatively impact the lives of victims' families and loved ones. If you or a loved one has suffered an injury in a car accident because of another driver's negligence, you are entitled to recover monetary compensation for any damages and losses that resulted.
• Pedestrian Accidents
• Catastrophic Injuries - Catastrophic injuries cause serious, life-altering damage. With devastating physical, emotional and financial strains caused by these injuries, compensation becomes a necessity. Some common catastrophic injuries include head injuries, brain damage, neck back or spinal cord injuries, paralysis (paraplegia and quadriplegia), burns, organ damage, bone fractures, and nerve injuries. Healthcare costs, medical bills, wage loss, pain, and mental anguish suffered by victims and their loved ones, make it essential that a personal injury attorney alleviate your legal worries and bring your case to a successful conclusion.
• Motorcycle Accidents - Motorcycle riders run a high risk of being involved in traffic accidents, and are more likely to suffer injuries than people in passenger vehicles. The likelihood of motorcycle riders experiencing severe injuries is also greater and can pose serious financial consequences and medical expenses.
• Premises Liability - Land owners and tenants can be held responsible for injuries that occur on their property as a result of their negligence. The law requires landowners or tenants to maintain their property in a safe condition. Whether a condition is safe is often not black and white. An early evaluation of the facts by an experienced personal injury attorney and preservation of the evidence is essential to prove a landowner or tenant was negligent. If they are found negligent, then the injured party is entitled to recover compensation for medical costs and lost wages, among other compensation. After an injury accident, landowners or tenants often correct the unsafe condition immediately. Therefore, early legal evaluation and advice is essential to protect the evidence and your right to compensation.
• Trucking Accidents - Truck drivers run the same risk as others for causing vehicle collisions and accidents. Semi-trucks, tractor trailers and other large vehicles also increase the possibility of accidents causing injury as well as the potential for catastrophic injuries or wrongful deaths. Do not be misled into believing that truck drivers are exempt from negligence or responsibility for injury-causing accidents.
• Wrongful Death - If you have lost a family member due to the negligence or wrongful conduct of another party then you may qualify for compensation. A wrongful death claim can alleviate the damages of such a devastating loss and provide the financial support you and your loved ones deserve. Medical expenses, lost wages and future earnings and the loss of companionship to the deceased's family are some of the factors which determine the amount of compensation the family will recover.
• Bicycle Accidents - Like motorcycle riders, bicycle riders run a high risk of being involved in traffic accidents. They are less likely to be seen by car drivers and more likely to suffer injuries than people in passenger vehicles. The likelihood of suffering more severe injuries is also greater.
• Dog Attacks - If someone is attacked by a dog and injured, the circumstances vary. Who owns the dog, the person required to control the dog, and the location where the attack occurred all determine which dog laws apply and who will e held liable under the law for any injuries a victim suffers.
• Uninsured Motorist and Uninsured Motorist Accidents - Many drivers have no insurance coverage or the minimum insurance coverage required in California. This means that if you are injured by a driver who does not have any insurance or just the minimum amount, it may be less than your damages. In those cases, Swartz & Kennedy will need to make a claim to your own insurance under the uninsured or underinsured coverage. In these cases, your insurance company becomes an adversary and you need experienced legal representation to recover the compensation for your damages that you are entitled to receive.

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Injuries, wage loss, or any physical or emotional damages suffered by an individual due to the negligence of another party or because of the carelessness of property owners and dog owners can be grounds for personal injury or wrongful death claims. Any time an injury-causing incident occurs, insurance companies are required to assess the damages and rightfully compensate injured parties for the cost of any related medical treatment. In reality, they do not do this. Instead they minimize or deny the damages and refuse to pay for many accident related medical bills. If injuries are severe, including permanent, or there are additional damages such as wage loss, an injured party is entitled to even more compensation. An experienced attorney can closely examine your case, determine who is at fault, evaluate damages suffered, including future damages, and work to get you fair compensation for all the damages you are entitled to receive.

Determining what your claim is worth or what damages you may be compensated for can become a difficult, confusing, and frustrating process when insurance companies attempt to settle for less than you deserve. There is no formula for valuing a case or the pain and suffering you experience.

When a person is liable for an accident or injury caused to another, their insurance company must pay the injured person based on the following factors:

• Reasonable medical treatment
• Wage loss and impairment of ones ability to work
• Permanent disability, disfigurement, or limitations caused by catastrophic injuries
• Loss in quality of life
• Emotional damages (pain and suffering)
• Damaged property

Damages suffered in an accident extend far beyond the cost of the injury alone. Depending on the situation and the severity of an injury, victims often suffer heavy burdens that affect more than their physical health. Medical expenses, wage loss, and other related financial problems are only a small part of the negative impact that injuries can have on victims and their families. Stress, loss of quality or enjoyment of life, and pain and suffering are also common as a result of injury-causing accidents and are difficult to equate to a dollar amount.

Determining who is at fault also plays an important role in determining your compensation. Insurance companies often have large resources and will thoroughly investigate all claims in order to avoid paying an injured party's damages. Insurance adjusters will assess the amount of compensation based on who they believe is at fault. Insurance companies will also commonly use at-fault percentages when evaluating the comparative fault of each party involved. For example, an adjuster can have a general idea if someone is entirely at fault or half at fault or perhaps even just a little at fault. Having a lawyer investigate the situation can significantly reduce the chance that insurance companies undercompensate or wrongfully place you at fault for an accident you did not cause.