Edward Misleh - Sacramento, California 95814

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615 Tenth Street , Sacramento , California 95814







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Practicing Family Law and Personal Injury Law in Sacramento, CA

Edward Misleh is located in the Sacramento area of California. There are at least 20 other listings in the 95814 postcode area.

Lawyers in California 95814

Number of Employees: 4

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California Wrongful Death California wrongful death claim occur as a result of a negligent or intentional act. The “act” can be drunk driving, careless operation of a motor vehicle, failure to maintain a premises, creating a hazard, or a defective product. Wrongful Death A California wrongful death claim can be the result of an intentional act such as murder, manslaughter, and other deliberate or reckless conduct. However, California courts do allow a defense for intentional acts when it is a justifiable homicide – killing in self-defense – that is not considered to be a wrongful act. When a fatality is caused intentionally, as in the case of murder, a California wrongful death claim falls under the umbrella of intentional torts. Since insurance carriers generally do not cover losses caused by intentional torts, most people do not pursue a California wrongful death claim that is caused intentionally unless the person being sued has substantial income or assets pay a judgment. Negligent Driving A California wrongful death claim can occur if an individual is found liable for the death of another and that individual’s negligent conduct was a substantial factor in causing the death. Negligent conduct is careless conduct or conduct that was not intentional. A majority of California wrongful death claims are the result of people driving carelessly. This includes: Running a red light or coasting through a stop sign; Failure to obey traffic signals; Excessive lane changing or weaving in and out of traffic; Driving at an unsafe speed or in excessive of the speed limit; Eating or drinking while driving; and, Use of a cellphone to talk, text or take pictures while driving. Your Insurance Carrier Your insurance carrier will cover negligent acts up to the policy limits – the maximum amount of coverage selected by you, the policyholder. Any excess award (over the policy limits) will be paid by you. Some drivers may have an umbrella policy in their homeowner’s policy which may pay compensation for a loss caused by negligent driving. Be sure to check your homeowner’s policy to see if you are covered for any excess award that may be awarded. Failure to Maintain a Safe Premises Your homeowner’s insurance policy is a premises liability insurance that typically provides coverage for a California wrongful death claim resulting from negligence acts committed in your home. Business owners have premises liability insurance that provides coverage for a store, office, commercial structure, or residential building. Homeowners become liable for an injury when they invite others into their home and business owners become liable for injuries when they open their stores or offices for customers. If there is a fatality that could have been prevented, the property owner or manger can be held responsible for that person’s death. Unsafe Products A California wrongful death claim can be a products liability lawsuit when the fatality is caused by negligence design, manufacture, or testing of a product. Products liability includes pharmaceuticals that are placed on the market without adequate testing; the consumption of tainted food that was improperly prepared or not adequately inspected; and vehicles or other equipment that are poorly designed or manufactured with a defect. Toxic Substances A California wrongful death claim can occur if a person’s death results from exposure to a toxic substance.
9/22/2017 9:30:41 PM

Answer 10 questions to get a free evaluation of your potential recovery for personal injury.
1/17/2016 6:10:24 PM

A jogger recovers damages from the City of Sacramento when he was hit by a car. While jogging and crossing a street, an automobile collided with the pedestrian. The jogger sued the City of Sacramento for its failure to warn a motorist, who was driving on a dangerous S-curve, of a crosswalk. The Plaintiff (jogger) was partially paralyzed and, as a result of injuries to the brain, has difficulty talking. In April of 2011, Plaintiff was awarded $18 million in damages. 51% of the award was attributed to the city. Despite the verdict, reportedly there was a pretrial agreement that capped damages at $6 million.
10/25/2015 8:46:08 PM

Sacramento County Uninsured Motorist One person died as a result of an accident involving four vehicles. Plaintiff suffered deadly injuries and Defendant’s auto insurance policy had a limit of $30,000.00. Plaintiff’s Underinsured Motorist (UIM) limits were $500,000.00 but the insurance carrier only offered $250,000.00 to settle the case. In November of 2014 during arbitration Plaintiff’s estate was award $399,269.00 less the $30,000 received from the primary insurance policy. Net recovery was $369,269.00.
10/9/2015 3:20:16 PM

Sacramento County Intersection Accident While two automobiles were both stopped, side-by-side, at a red, the light changed. One driver steered their car directly into the path of the other vehicle causing property damage in the amount of $1,200.00 to Plaintiff’s vehicle and $800.00 to defendant’s vehicle. The Plaintiff also suffered back pain and underwent physical therapy. Eventually, Plaintiff was required to undergo single level disc surgery. Plaintiff’s medical bills were $191,000.00. At a November 2012 trial, Plaintiff was awarded $522,689.00.
10/9/2015 3:13:46 PM

Practicing in Family Law and Personal Injury
9/19/2015 3:50:35 PM

Personal injury attorney for damages resulting in bodily harm in case involving vehicle collision, slip and fall on property or at a business. Insurance claims and civil suits.
8/25/2015 4:56:48 PM

Jury Awards Sacramento Woman $680,000 for Auto Accident Caused by Distracted Driving. On August 28, 2013, a County of Sacramento Jury awarded $680,000.00 to a woman who was seriously injured in a car accident which was caused by a driver who was distracted with a text message. The driver’s insurance company offered $300,000.00 to settle the case in response to a demand of $500,000.00; an amount based on the woman’s medical expenses, loss of wages, and need for future surgery and medical treatment. The jury award included medical cost, pain and suffering, loss past wage, and future damages.
8/25/2015 4:52:22 PM

In California, the amount awarded for those who suffer personal injuries is dependent on many factors. The following are examples of awards recovered by pain and suffering and loss of employment. Tuolumne County, California a pedestrian was struck by a care as they were crossing the street. The pedestrian was not in the cross walk. Pedestrian suffered injuries to include; a fractured pelvis, broken arm, and a concussion. The fractured pelvis prevented plaintiff from walking for months. In May 2015, plaintiff was awarded $200,000.00 less their 40% for contributory negligence. Los Angeles County, California one car was rear-ended by a truck while traveling on the freeway. The car driver suffered a neck injury which required future surgery. Plaintiff claimed daily pain from this injury and was awarded $1,004,000.00. San Diego County, California a car was rear-ended by a tanker truck which caused the car to collide with a SUV. The car driver suffered multiple fractures to the jaw, traumatic brain injury, was hospitalized, and underwent surgery where his jaw was wired shut for eight weeks. Plaintiff required subsequent surgeries and various treatments for pain and therapy. Plaintiff had future surgery, continued care and therapies for his jaw and chronic pain. Plaintiff also alleged substantial past and future earning losses. In June 2015, plaintiff was awarded $17,393,480.00. San Diego County, California an auto rear-ended another auto which was described as a minor impact collision. Driver sustained back, neck and shoulder injuries and had to undergo 4 ½ years of treatment. Future lifelong treatment included pain medicines and surgeries to the shoulder and back. In June 2015, plaintiff was awarded in arbitration $681,606.20.
8/1/2015 11:07:20 PM

Dealing with Insurance Companies When you’re involved in an auto accident, you will most likely have medical bills to pay and will have lost wages because you could not work. If the accident was caused by another person, that person’s insurance company will try to contact you about paying these damages and settling any potential claim. Often, these cases will be settled out of court but, even so, you may limit any recovery you are entitled to when you talk to the insurance adjuster. Dealing with the insurance company can be difficult and confusing. Remember, the insurance adjuster works for the insurance company and will have a different perspective on your case and the value attached to any injury. What to Do Should you be involved in an auto accident, make sure you get contact information from any other drivers as well as all witnesses; take photos of any property damage; and, takes photos of any bodily injury, if possible. Immediately notify your insurance company but consider contacting an attorney before you talk to the other driver’s insurance carrier. Your policy requires that you cooperate with your insurance adjuster but you are entitled to legal representation before contacting the other driver’s insurance carrier. Adjuster’s Duties The insurance adjuster investigates your claim, contacts witnesses, reviews any police report and hospital records, and inspects any physical damage. They use this information to determine the value of your claim or how much the insurance company will pay. Remember, your recorded conversations with the insurance adjuster can be used and, are most often, evidence that has the greatest effect on a claim. Avoid Quick Settlements If you’ve been involved in an auto accident and both drivers have auto insurance, the adjusters from each company will contact each other about the case. They will discuss any and all information they have obtained about your case. If you’ve been injured in a non-automobile accident, like a slip and fall in a business, the business owner’s insurance company may contact you directly to determine the facts in your case. The insurance adjuster may offer to settle the case quickly which often is to your disadvantage. You should wait until you know the extent of your injuries, what treatment you’ll need in the future, and what limitations you may suffer from your injury before considering any settlement. In the meantime, you should carefully document all of your treatment, bills, and lost wages. Discussing Your Case When dealing with an insurance adjuster for the other person’s insurance company, remember that the adjuster’s job is to try to settle the claim as quick as possible and for as little as possible. You should avoid discussing your injuries with any adjuster until you know the extent of your injuries and whether or not you’ll need treatment in the future. If you’re asked to make a recorded statement about the accident, you may want to consult an attorney beforehand. Medical Records The other party’s insurance adjuster may ask you to sign a form authorizing your medical provider or doctor to send medical records to the insurance company. Remember, should you do so, you will be giving the insurance company access to all of your medical records, including those that may not be related to the accident, which may limit your recovery for damages. Contact an Attorney A personal injury lawyer can help you navigate the complexities surrounding your personal injury case. Most cases are done on a contingency basis which means that you have not out-of-pocket expenses.
5/10/2015 10:11:43 PM

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