Kahn Roven, LLP – Excellence in Personal Injury Attorney

Personal and Auto Accident Injury Attorneys in Los Angeles


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Fault Matters In Personal Injury

When you are injured due to someone else’s negligence, you will obviously want to file a personal injury claim and recover the financial cost of your damages and suffering. The premise of your case rests on the fact that someone else acted in a careless or inattentive manner, thus causing the accident or injury.

Injured employee visiting lawyer for advice on insurance

But what if the claim is turned around by proving that the accident was partly or even completely due to your own fault?

Seeking assistance from a skilled personal injury attorney in Los Angeles, California becomes necessary as the defendant’s insurance company will try various tricks to get off the hook for the personal injury claim. And the first strike is usually to raise a question on the fault.

Indeed, your entire case springs from the notion of legal responsibility of the other party to act carefully. For instance, a vehicle driver owes a duty of care to other motorists and pedestrians on the road. If the breach of this duty – like reckless driving, texting while driving, drunken driving, etc. – causes a harm or injury to other people, the driver is legally liable to pay the damages.

Therefore, if even a portion of the liability for the accident can be laid at your door, it will have severe ramifications on the case. For instance, if you jumped a traffic light or were driving over the speed limit, you will also be deemed partially at fault.

The insurance company can then deny the claim or allege comparative negligence, thus paying either nothing or only a percentage of the dollar value of the resulting damages.

So, if you don’t want the compensation to be reduced unnecessarily, you should consult an established personal injury attorney in Los Angeles, California – like Kahn Roven, LLP (www.karnroven.com). The experienced attorneys will thoroughly investigate the circumstances of the case and compile evidence to establish the actual fault. They can counter false allegations of liability and ensure a reasonable verdict for the claim.

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What Happens In A Legal Malpractice Claim?

A person involved in a legal matter poses his trust and confidence in a qualified attorney and expects him to handle the issue in the best manner possible. The attorney is duty bound to keep the client’s best interests in mind while resolving the matter on hand.

What Happens In A Legal Malpractice Claim_kahn roven

However, what if the attorney itself fails to handle the case appropriately? This kind of complication is definitely not what the plaintiff ever anticipated! They can then sue the lawyer himself for malpractice….

This is where a legal malpractice attorney in Los Angeles, California enters the picture.

Indeed, when a lawyer fails in the fiduciary duty to provide competent representation, he is liable to compensate the client for the losses arising from the negligent or unprofessional behavior.

Proving Legal Malpractice

Actually proving such a breach of duty is another matter altogether. There are specific legal requirements for a legal malpractice claim to be considered valid – it should be proved beyond doubt that the attorney owed a duty of care and the breach of which directly caused an injury or damage that resulted in a financial loss.

Apart from confirming these four requisite elements, you also need to show a clear causation. This means that you have to prove that you would have won the case had the attorney abided by the standards of care and worked in a responsible manner.

Another case in point is that the attorney-at-fault will be defending his own case and is likely to use wily tactics to attest that he did not commit a breach of duty. For instance, he can easily prove that just because he is friendly with the opposing lawyer or because he did not return all your phone calls, it cannot be classified as a conflict of interest or act of neglect respectively.

Therefore, the best approach is to contact another law firm and get a second opinion on whether the attorney is doing a professional job or not. In case the behavior is deemed as a breach of duty, you would do better to consult a proficient legal malpractice attorney in Los Angeles, California. These are specialized attorneys who will carefully determine the validity of your case before evaluating whether the requisites can be clearly proved or not.

The attorney will file a legal malpractice claim against the attorney that committed the fault and initiate the litigation process. They will collect all the required documents, compile evidence and also assemble witnesses who can attest your interactions with the said attorney.

You should be candid with your attorney and disclose all pertinent information. Concealing any facts can lead to problems later on. You should also follow their advice at all times as the proceedings can get quite complicated.

The attorney will try to reach a settlement with the other attorney or take the case to trial to get the best verdict possible.


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What Goes Into A Medical Malpractice Claim?

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When you are undergoing a medical consultation or treatment, even a slight error in diagnosis, medication, treatment or aftercare can have serious repercussions on your health. This kind of negligence or malpractice can cause harm or injury, delay the healing or recovery or even leave you disabled or dead.

In such cases, the healthcare provider is considered legally liable to pay compensation to the patient. You have the lawful right to file a case and move the court to claim damages.

It follows that this will not only be a financial liability to the doctor/hospital at fault, but can also adversely affect their reputation and standing in both the medical circles and the patient community. Therefore, they will try every which way to deny the fault and avoid paying the compensation.

Things can get quite intimidating at this point and it is also tough for a layperson to prove the medical malpractice, especially when the healthcare provider has a battery of lawyers on their side. Hence, it is best to consult medical malpractice lawyers in Los Angeles, California to discuss the viability of your case.

Skilled and experienced attorneys like Kahn Roven LLP  will carefully study the situation and first seek to establish a clear doctor-patient relationship with the doctor you are suing and that he or she was treating you directly. Then they clarify whether the healthcare provider was actually negligent and failed to provide reasonably competent, skilful or careful treatment. Moreover, they are aware that it is imperative to prove that the negligent diagnosis or treatment actually caused a specific harm or injury. Apart from this, the lawyers will evaluate whether the value of the injuries and damages is substantial and justifies the time, effort and costs of litigation.

If the case seems feasible and you give the go ahead, the skilled medical malpractice lawyers in Los Angeles, California will persevere to prove that you suffered from the violation of acceptable medical standards of care and will even engage expert testimony to ensure that you get the compensation you deserve!