Sanders & Montalto, LLP has successfully prosecuted hundreds of cases in the areas of personal injury and wrongful death. Our success rate is over 95%, and we have obtained millions of dollars in settlements, judgments and verdicts on behalf of our clients.
Our firm has over 40 years combined experience, and the financial resources to prosecute our clients’ cases with the representation they deserve. We are committed to making sure we do everything possible to achieve the maximum results in each client’s case, and in keeping the client informed along the way.
All personal injury and death cases are handled on a contingency percentage basis, and if there is no recovery, there are no fees or costs. (Some law firms advertise “no recovery, no fees” but later charge you to recover their costs.) All attorney consultations and case evaluations are free of charge.
While our firm’s emphasis is on wrongful death and catastrophic injury, we do provide legal services for many other types of injuries resulting from automobile accidents, work related injuries, construction site injuries, premises liability, and product liability claims.
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Personal injury law is also known as tort law. A tort is defined as “a civil wrong”, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases, as well as intentional conduct, which results in injury. The major categories of torts include:
Intentional torts – intentionally inflicting injury on another, e.g., assault, battery, false imprisonment.
Negligent torts – negligently or accidentally inflicting injury on another, e.g., automobile accidents, premises liability.
Strict liability torts – manufacturing, marketing or selling defective products that result in injury.
The most common ground for a civil lawsuit involves negligence. These include motor vehicle accidents, premises liability (slip and fall) accidents, defective products, and medical malpractice. When an accident occurs due to the negligence of another, the injured party may file a claim against the negligent party to recover all of their damages.
Damages generally include current and future medical expenses, property damage, pain and suffering, current and future loss of income, loss of enjoyment, and in certain cases, punitive damages.
In order to prevail in a negligence action, the following elements must be proved by a preponderance of the evidence:
Duty – A duty was owed by one party to another, e.g., to safely operate a motor vehicle and obey all traffic rules.
Breach of Duty – The party owing the duty failed to fulfill his/her duty or “breached” that duty, e.g., violating the traffic rules.
Causation – The breach of that duty (negligence) caused the accident and the injuries claimed.
Damages – You indeed suffered injury and damages as a result of the negligence.
It is imperative that you file your claim within a certain period of time called the Statute of Limitations. The California statute of limitations for most negligence cases has generally been one year, however, recent legislation now extends the statute of limitations to 2 years from the date of the accident or from the date of discovery in certain cases.
However, some types of torts may have a much shorter statute of limitations and/or different procedural time limitations, therefore it is essential that you contact an experienced personal injury attorney to determine the applicable statute of limitations, and other claim reporting requirements, for your type of case.
Failure to file a claim or comply with notice reporting requirements within the applicable time limitations set forth in law will result in you being forever barred all compensation that may have otherwise been available.
If you have been involved in an accident or other negligence claim, you may be entitled to compensation by the negligent party’s insurance carrier and/or your own insurance carrier in certain situations. Never proceed with a negligence claim without first obtaining legal counsel.
An attorney experienced in the practice of personal injury law understands the legal system, can cut through insurance company red tape, and will make sure you are justly compensated for all current and future damages.
Sanders & Montalto, LLP, is dedicated to promptly investigating all accidents, determining liability, and pursuing recovery of all available legal damages. Regardless of who was at fault in the accident, victims should immediately seek the counsel of an experienced personal injury attorney to ensure your legal rights are protected.