The Law Office of Mark C. Thomas represents individuals suffering from injuries as a consequence of the negligence or intentional behavior, including:
▪ Vehicular Accidents
▪ Defective Products
▪ Nursing Home Negligence
▪ Injuries from Intentional Torts (assaults)
Victims of such injuries are often entitled to financial compensation for their medical and property expenses, incidental costs as a result of the injury, and may be entitled to additional damages to cover future expenses, pain and suffering, and related issues.
Motor Vehicle Accidents
Automobile and motorcycle accidents are the most common causes of personal injuries. Under the California Vehicle Code, all drivers must be able to prove financial responsibility if an accident should occur. This can be through self-insurance or purchasing a traditional liability insurance policy. However, in catastrophic injury cases, liability insurance may not cover all of the damages a person suffers. Therefore, it is important to hire an experienced personal injury attorney who can ensure a victim is getting the maximum recovery to which he or she is entitled.
When you or a loved one is injured in an automobile accident, it is critical that you speak to an attorney with experience in the field as soon as possible. If you wait too long to speak with a lawyer, it is possible that evidence in your case may be lost, witnesses may disappear, and memories may fade. When we accept your automobile accident injury claim, we immediately begin an investigation to secure and preserve evidence in your case.
When a person is legally using a city or county street while walking or riding a bike, and he or she is struck by a car, truck or other vehicle, he has the very same right to seek financial compensation as any motorist. Pedestrians are at a higher risk for injury and death than any other non-vehicle occupant group involved in automobile accidents. Motor vehicle versus pedestrian accidents can cause extraordinary suffering and loss. Injured victims should be represented by counsel with experience in such cases. In crowded cities throughout Northern California, simply crossing a street can often be dangerous. As a pedestrian, you have no safety devices or protection of any kind in an accident. Serious injury is almost guaranteed in a collision with a car or truck.
Bicyclists, too, are vulnerable and unprotected in most instances when struck by cars and trucks. Many drivers do not understand, or believe, that cyclists have an equal right to be on the roadway. Inattentive drivers often ignore bicyclists and focus only on other cars and trucks. Motorists commonly make right turns directly in front of cyclists, or open their vehicle doors without looking. Others pull out from a driveway, a curb, a side street or an alley.
Bicycle accidents involve unique issues regarding visibility and accident reconstruction. They require attorneys who are skilled and experienced in handling such cases. For the cyclist, a bicycle accident is often a fearful and traumatic experience. An unprotected human body is no match for a 10,000 pound car or truck, or even for the hard pavement below. If you have been injured in a bicycle accident, you are entitled to the same compensation as a person in a vehicle: reimbursement for medical bills, repayment of lost wages, compensation for your pain and suffering, emotional distress, scarring, embarrassment and disfigurement.
Just like a car accident, it is critical that you find an attorney who knows how to handle your claim, who can conduct a prompt and reasonable investigation, who knows how to collect the important evidence, and who has credibility in dealing with automobile liability insurance companies.
Wrongful death claims arise when a person dies because of another’s negligence or intentional act, and can occur in any kind of personal injury incident. The California Code of Civil Procedure limits filing a wrongful death action to a deceased’s individual’s spouse, children, or issue. If the person had no spouse or issue, anyone entitled to property in the deceased’s estate may file a claim. In California, the deceased’s family cannot recover for loss or damage suffered before death. This includes any penalties or punitive damages for pain and suffering the deceased suffered before dying.
In California, owners and possessors of land have a duty to keep the premises reasonably safe from obvious dangers and certain non-obvious dangers. The extent of the duty depends on several factors: the kind of danger, whether the owner knew the danger existed, and the reason the injured person was on the property. Common types of premises liability accidents include slipping and falling on a sidewalk or in a store.
Nursing Home Abuse and Neglect
Nursing home abuse and neglect is a common and widespread problem throughout California. Under the California Welfare and Institutions Code, elder abuse is “physical abuse, neglect, financial abuse, abandonment, isolation, [or] abduction” of anyone age 65 or older that leads to physical or emotional harm or suffering or the “deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.” Abuse and neglect often goes unnoticed or unreported because of the physical and mental state of many elders and the fact that many elders have few visitors.
Products can be defective in three ways: design, manufacture, and instructions, packaging, or warnings. Injured plaintiffs can bring products liability claims against any member of the distribution chain of the product, including the manufacturer, distributor, and retailer. These cases are often complex and require expert testimony; it is therefore critical that victims of a product-related injury hire a lawyer who understands the complexities surrounding this type of litigation.
Seek Experienced Legal Representation
If you or a loved one has suffered an injury or has died because of the negligent or intentional acts of another, it is important to hire experienced attorneys who will protect your rights and obtain the maximum recovery to which you are entitled.