When you sustain an injury resulting from someone’s negligence, it can turn your entire life upside down. After a serious injury, you may find yourself in constant pain, unable to work or even enjoy the regular activities that you once did. Mounting medical bills and the added strain on everyone in your family can leave you wondering about the security of your future. This is why Christmann & McConnell aggressively pursues settlement by negotiation and/or mediation at the earliest phase of a client’s case. However, not all cases can be settled and must be resolved through litigation in front of a judge or jury. At Christmann & McConnell, we explain to our clients the advantages and disadvantages of litigation as well as the alternatives. We provide straightforward answers to your questions and help you set realistic expectations to get you back on track as soon as possible. Whether through settlement or litigation, our attorneys are dedicated to obtaining a favorable outcome in your personal injury matter.
Below you will find links with information regarding the different types of personal injury cases we handle. If you think you may have claim against another party, we can help to evaluate your case and give you an honest opinion about your chances for success. For further information or to discuss your matter, we invite you to schedule a free confidential consultation by calling us at (619) 325-0283, e-mailing us, visiting us, or filling out our intake form on our Contact page.
Areas of Practice
Auto Accidents
Auto accidents are the most common type of accident in the United States. These accidents are frequently caused by the negligence of other drivers. Negligent acts occur when a driver causing an accident does not exercise reasonable care. For example, he or she was driving too fast for the conditions, was distracted, or carelessly ignored traffic signs or signals. In more than half of all auto accidents there is some type of personal injury. The types of injures that can occur as a result of an auto accident range from minor to critical, from short-term to life debilitating.
Steps to follow after an accident has occurred
It is important to remain calm and handle any emergency situation first. Contact the police and, if needed, medical assistance immediately. When the police arrive at the scene, it is important to get the officer’s name and contact information as well as the name, address, telephone number and insurance company of the other driver. In California, each driver involved in a traffic accident must file a report (Form SR-1) with the DMV within 10 days if the accident resulted in a death, bodily injury, or more than $750 in property damage.
After an auto accident, you will likely be working with an insurance company that, more often than not, will be interested in closing the claim as quickly as possible while incurring the least expense. Dealing directly with an insurance company can be confusing and often times their offers provide less help than you need. While some minor auto accident cases are straightforward and can be handled without an attorney, it is not uncommon for an individual to incur additional out-of-pocket expenses, medical expenses, or suffer lost wages and property damage that an insurance company will not compensate for. If your case is complicated, involves severe or permanent disability, or involves large damages, you should consider hiring a personal injury attorney. It is important that you speak to an attorney to make certain you are aware of your rights and responsibilities.
Effective accident representation
When settlement can’t be achieved with the other driver or their insurance company, it is often necessary to file a lawsuit in order to be compensated adequately. Christmann & McConnell excels at prosecuting auto accident cases. Our experienced attorneys can help you determine the full value of your case and fight for all the money to which you are legally entitled. We work hard to hold negligent drivers and their insurance carriers accountable for their actions. Our attorneys have a thorough understanding of the law. We also regularly work with physicians, engineers, and police officers, which provides us with a better understanding of how to prove our clients’ cases.
If you or a loved one has sustained serious personal injuries in an auto, motorcycle, or other motor vehicle accident, it is important to act quickly. You should preserve the evidence necessary to investigate the collision. Evaluation of all the evidence before it can be hidden or destroyed is an important part of preparing for an auto accident case. Additionally, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Contact our office right away to ensure that you do not waive your right to possible compensation.
Wrongful Death
In California, a wrongful death claim arises when a person dies as the result of the wrongful act or negligence of another person or entity. Although there might also be a criminal case (for an intentional wrongful act), a wrongful death claim is a civil lawsuit.
Who can file a wrongful death lawsuit?
In a wrongful death lawsuit, a third party is bringing a claim on behalf of the victim. California law allows the following parties to bring a wrongful death claim: the victim’s spouse or domestic partner, the victim’s children, or anyone who would be entitled to the property of the decedent by intestate succession. In some circumstances a wrongful death claim can be brought by an individual who was financially dependent on the victim such as a “putative spouse” or the victim’s stepchildren.
Types of damages in a wrongful death lawsuit
Many of the damages that are available in other personal injury actions are also available in wrongful death cases. These include, but are not limited to, property damage, medical and hospital bills, and lost income. There are additional types of damages that are specific to wrongful death actions. An individual who files a wrongful death lawsuit can potentially recover funeral and burial expenses, loss of companionship (loss of love, community, attention, affection, society, moral support, training and guidance), loss of anticipated financial support, and punitive damages.
Losing a loved one is often the most difficult situation a person will ever have to go through. It can leave you dealing with enormous amounts of grief, sadness, shock and anger. The attorneys at Christmann & McConnell can help guide you through this difficult time.
Premises Liability
Premises liability is a legal term that refers to an injury that occurs on someone else’s property as a result of the owner’s negligent management of his or her property. When you enter another person’s property, the property owner has a duty to ensure your safety. This is true of not only the property owner, but of anyone in possession of a property such as a business owner, operator, or lessor.
The duty owed to visitors is to keep the property in a reasonably safe condition. This can be done by properly inspecting and maintaining the property. If the owner discovers that the property is not in a reasonably safe condition, the owner must make efforts to repair any potentially dangerous condition and/or warn visitors of the dangerous condition.
Most people think of “slip and fall” or “trip and fall” accidents when they think of premises liability. These are certainly the most prevalent type of premises liability accident. Common causes of slip in fall injuries include spills, uneven floors, broken/missing railings, etc. However, premises liability actions can take a variety of forms. Some other common examples of premises liability accidents include: construction site accidents, elevator injuries, stair injuries, amusement park accidents, or injuries caused by animals. Premises liability accidents can occur on various types of property such as government property, office buildings, stores, parking lots, apartments, or private homes.
There are many nuances to premises liability law and courts look at these on a case-by-case basis. If you are considering bringing a premises liability lawsuit and want to learn more about your legal rights, contact our office to schedule a free initial consultation at 619-325-0283.
Dog Bite
Whether you own a dog or not, they are likely a part of your daily life. This is because there are nearly 90 million pet dogs in the U.S. Whether at the beach, on a hiking trail, or even at a restaurant, it is not uncommon to come into contact with a dog. It is no surprise that there are an estimated 4.5 million dog bites every year.
The severity of dog bites can vary greatly, however emergency room visits are usually necessary to prevent dangerous infections and contagious diseases. Reconstructive surgeries become necessary when victims suffer deep lacerations. Regardless of the severity of the injury from the dog bite, it is always smart to seek immediate medical care. Depending on the circumstances and where the dog bite happened, you may file a civil suit to recover damages.
Dog bite liability in California
California is one of the states with “strict liability” laws that make dog owners responsible for most dog bite injuries. Strict liability means that when the victim sues to get compensation for their damages, it doesn’t matter whether the dog owners knew their dogs had ever been vicious before. They can’t argue that they didn’t know their dogs could be dangerous, or that they took care to prevent the animals from hurting someone, which were available defenses under prior California law known as the “one free bite” rule.
Products Liability
Products liability applies to all products sold to the public, including business and industrial machinery, consumer goods, chemicals, medical devices and equipment, weapons, etc. Manufacturers and distributors of products owe a duty to make the products they create, sell, or distribute safe for use or consumption. When they breach this duty and a consumer is harmed, they will be liable for the resulting injuries.
There are three main categories of products liability: negligence, strict liability, and breach of warranty. In California, products liability is generally considered a strict liability claim. This means the degree of care taken by the defendant is not an issue. Strict liability can be imposed for three types of product defects including manufacturing defects, design defects and warning defects (inadequate warnings).
Regardless of how an injury has occurred, the plaintiff must prove that the product is defective in order to recover damages in a products liability case. Often times proving liability can be a complex task which is why it’s important to choose an experienced attorney to handle your case. If you or someone close to you has been injured due to a defective product and you have questions, call Christmann & McConnell today for a free initial case evaluation.