At Eldessouky Law, our personal injury attorneys bring top-notch legal representation to our nearly 108,000 Los Angeles County residents.
What Does a Personal Injury Attorney Do?
Most people assume that personal injury attorneys just take cases to court but, that is not always the case. It is important to note that personal injury attorneys also represent you when speaking with insurance companies, work out a possible settlement, and speak to witnesses or other related people involved in your case. This may seem like something you think you could do yourself; however, most people do not have the experience to speak to insurance companies, speak with other attorneys, and/or witnesses. Most victims in accident cases are emotionally involved and will likely say things that will end up hurting their cases. It is always best to have an attorney to represent you, to speak for you, and get you what you deserve. Also remember that insurance companies only care about their own bottom lines, even your own insurance company. Your job is to recover and get your life back on track. Lastly, data shows that accident victims receive, on average, almost three times more compensation when an attorney is involved.
The Benefits of Hiring a Personal Injury attorney
As mentioned above, one benefit of hiring an attorney in a personal injury case is an increase in compensation. However, there are many more reasons while hiring a law firm to represent you in your case is beneficial.
Most personal injury attorneys offer free consultations. It is always good to take advantage of these consultations because you will get an idea of what to expect out of your case. You also do not have to settle on the first attorney you speak to unless you feel that you will get the representation you deserve. The key to these free consultations is to make sure you like the attorney, that you get valuable advice about your case. In addition, some injury attorneys do not handle your property damage, because it includes a lot of time and effort for little, or no, settlement. Eldessouky Law is a full-service law firm. We do handle all aspects of your case including property damage. This is significant advantage of allowing our firm to represent you.
Lastly, make sure that you bring a list of questions with you so that you can have those answered. No matter who you choose to represent you, having your questions answered is a large part of your free consultation. You want to make sure that you are comfortable with the attorney you hire and that you feel that he or she has your best interests in mind.
Speaking to the Insurance Companies
When you call your insurance company, the recording almost always tells you that your call is being recorded. That is typically because they will use these recordings at a later date and usually not in your favor. You would expect this of the opposing party’s insurance company however, even your own insurance company has a bottom line. You may be paying them to cover you in case of an incident however, they are not on your side. They are a for-profit business. Interactions with insurance companies are complicated and if you do not have experience in it, you will likely unknowingly say things that will hurt your case. This becomes especially true when you are dealing with a motorist that is either uninsured or underinsured.
The Stress of Dealing with an Accident
As soon as you hire our law firm on your injury claim, our attorneys will handle all the insurance companies on your behalf. It is very important that you hire our firm as soon as you can, even before speaking to your own insurance company for reasons listed above. The result of hiring our firm will be reduced tension.
Statute of Limitations
Numerous victims of injury accidents, who are not represented by an attorney will be unaware of the Statutes of Limitations in their cases. Statute of limitations are cut-off times that can completely ruin your claim. If these statutes of limitations are not abided to by not submitting a complaint with the proper Court within the appropriate time, the outcome will be your failure to recuperate against the party at fault and/or his insurance coverage. Different statutes of limitations apply to third-party claims (claims versus the other party’s liability protection) and first party claims against your own insurer. Your attorney will protect your interests regarding these cut-off dates.
How Much is My Case Worth?
An experienced attorney will advise you on what you can expect on your claim. The kinds of payment that you are entitled to might alter with time and the course of your medical treatment. Evidence of wage loss to the other party’s insurance provider normally involves a medical professional’s reasons, pay stubs to track your income history prior to the incident, payroll records showing your real wage loss, and a letter from your company discussing your job and earnings. If you have a considerable wage loss claim, you need a lawyer to handle this aspect of your claim. Thankfully Eldessouky Law not only practices personal injury law but employment law as well. This crossover in practice areas has been pivotal in getting maximum compensation for the law firms clients.
Knowledge of Insurance Laws
Everyday people are not acquainted with insurance laws that may impact your case like a personal injury attorney must be in order to properly represent clients. California case law (choices of our state supreme court) that interpret the provisions of an insurance coverage language applying to protections, limitations and exemptions. Most claims involve insurance coverage problems. Whether that is getting a better offer or going to court, you will definitely need an attorney involved at the beginning of your case.
Ability to Negotiate
If negotiation is a very special skill that even some attorneys are not very good at doing. Fortunately Mr. Eldessouky excels at the negotiations. Having dealt with the largest companies in the World, with the most powerful counsel sitting across from him, Mr. Eldessouky has negotiated settlements where his clients left feeling not just vindicated but, wholly satisfied and even surprised.
Negotiating a personal injury case in like bargaining but, neither party knows what the real bottom line is. There is an offer, a counteroffer, and the dance goes in circles until an agreement is reached. It sounds simple but in between all of that points are made, arguments for and against are brought up, and evidence is shown. All of that takes a certain amount of skill. The when to show your hand, what needs to be said, and how it needs to be said is an art that few possess.
Why are Personal Injury attorneys Needed?
Personal injury claims are filed for any number of reasons. When physicians make errors, when cars crash, when defective baby equipment results in injury, and when people slip and fall on ill-maintained floors. Personal injury attorneys are contacted when an accident occurs and a person needs representation.
If you’ve been injured as a result of another’s actions or inactiveness, it is essential to understand what your legal rights are, even if you’re unsure about being involved in a lawsuit, those responsible for the harm you have actually suffered need to be held accountable. Depending upon the circumstances surrounding your injuries, you might be entitled to insurance payouts, accident damages, employees’ payment advantages, and/or other types of financial recourse. If you’ve been hurt– even if that injury was partly your fault– and another party might have been partly or totally to blame for your injuries, you can explore your legal options during the free consultation we offer.
What Types of Cases Do Personal Injury Lawyers Represent?
Accident attorneys can represent a wide variety of personal injury lawsuits.
The most common types are:
Every year, a significant number of bicyclists are injured in accidents including accidents with motor vehicles. While there is some difference in the number of bicyclists involved in injury wrecks with motor vehicles, the National Highway Traffic Safety Administration reports that somewhere in the neighborhood of 45,000 bicyclists are injured in automobile crashes. Of that number, approximately 800 bicyclists are killed in these accidents.
The most important law governing cyclists on the road is California Vehicle Code 21200. This section of California Vehicle Code will layout most of the applicable rules for operating your bicycle on California roads.
If you’ve been injured in a car accident, you’re not alone. According to the Centers for Disease Control and Prevention, approximately three million individuals suffer non-fatal injuries on American freeways and surface streets each and every year. It’s important to understand that although you are likely feeling overwhelmed right now – and are eager to focus on your physical recovery instead of worrying about medical bills, insurance claims, and lawsuits – that you don’t have to navigate the aftermath of your car accident alone. Because car accidents occur with such alarming frequency, our firm has extensive experience advocating on behalf of the rights of auto collision victims. If you live in Los Angeles or a neighboring community, or perhaps you were simply traveling through the county when your crash occurred, know that our knowledgeable and dedicated legal team is here to help you clarify your legal options and to seek justice and compensation on your behalf.
What is dog-bite law?
Much of the law for dog bites comes from California’s Civil Code which in short states: The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.
Other factors concerning a dog bit will be to assess whether the dog is considered “vicious”
“Vicious dog” means any dog that:
- Has attacked or bitten a person, causing death or substantial physical injury; or
- Has killed or inflicted substantial physical injury to a domestic animal, without provocation, while off the owner’s or custodian’s property; or
- Is owned or harbored primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or
- Has twice, within a one-year period, done any of the following:
- Bitten, attacked or attempted to bite a person, or
- Chased or approached a person upon the streets, sidewalks or any public or private property in an apparent attitude of attack;
California has long been a center of motorcycling and is home to much of the motorcycle industry. In fact, California has more motorcyclists than any other state. There are more than 800,000 registered motorcycles in the state, followed by 550,000 in Florida and 445,000 in Texas. As a consequence, California is also a leader in motorcycle collision-related deaths each year. Between 2011 and 2015, 2,299 riders of motorcycles were fatally injured during traffic collisions in the state. In addition 59,745 motorcycles riders were injured during the same time period.
There were 12,844 motorcycle riders injured in traffic collisions in 2015, a 2% increase over the 12,608 injured in 2014 and a 14% increase over the 11,300 injured in 2011.
Of the 12,844 riders, 491 (4%) were fatally injured. Both fatal injuries and severe injuries have increased markedly over the past several years. Both fatal injuries and severe injuries increased 18% between 2011 and 2015.
More information on this study can be found here: Study on Motorcycle Accidents in California
Motorcycle fatalities increased 5 percent from 494 in 2015 to 548 in 2016.
Unhelmeted motorcyclist fatalities increased 4 percent from the 2015 calendar base year of 23 to 25.
In California, there were an estimated 352 pedestrian deaths between January 2017 and June 2017. That’s a rate of 0.89 per 100,000 people and the 15th highest rate in the country.
The number of pedestrian fatalities increased 27 percent from 2007 to 2016.
During the same period, all other traffic deaths decreased by 14 percent.
Pedestrian deaths as a proportion of total motor vehicle crash deaths increased steadily, from 11 percent in 2007 to 16 percent in 2016.
Pedestrians now account for a larger proportion of traffic fatalities than they have in the past 33 years.
The number of states with pedestrian fatality rates at or above 2.0 per 100,000 population has more than doubled, from seven in 2014 to 15 in 2016.
From 2015 to 2016, pedestrian fatalities in the nation’s ten largest cities increased 28 percent (153 additional fatalities).
A detailed report of the age and numbers of the different type of pedestrian accidents and fatalities can be found on the California Department of Public Health’s website here: Details of Pedestrian Accidents in California
In 2016, 4,213 large trucks were involved in fatal crashes. According the Federal Motor Carrier Safety Administration (FMCSA), 55,633 large trucks were involved in injury crashes, and 99,911 were involved in tow away crashes.
Hazardous materials (HM) cargo was present on 4 percent of the large trucks involved in fatal crashes and 2 percent of those in nonfatal crashes. HM was released from the cargo compartments of 16 percent of the placarded trucks in fatal and nonfatal crashes. Flammable liquids (gasoline, fuel oil, etc.) accounted for 60 percent of the HM releases from cargo compartments in fatal crashes and 52 percent of the HM releases in nonfatal crashes.
“Collision with vehicle in transport” was recorded as the most harmful event for 74 percent of the large trucks involved in fatal crashes and for 76 percent of the large trucks involved in nonfatal crashes.
What is wrongful death?
Wrongful Death claims are unfortunately common and very difficult to deal with. In General these claims arise when someone is responsible for the death of another person.
California Code, Code of Civil Procedure – CCP § 377.60 is one of the major sources for law guiding on this latter.
A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:
- The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.
- Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.
- A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.
Why choose Eldessouky Law?
Mr. Eldessouky has served as lead trial attorney on several cases resulting in excess of seven-figure verdicts awarded to his clients and is no stranger to the courtroom.
Mr. Eldessouky has successfully completed several trial academies and prides himself on being a litigator who will see cases through verdict. While not all cases require a jury trial to find success, Mr. Eldessouky’s aggressive ability to go any legal distance necessary to provide a victory for his clients helps set him apart from other attorneys in California employment law.
Mental toughness, legal prowess, and the willingness to pursue any company, no matter the size or the muscle behind their corporate make up, provides his clients with confidence and an assured connection to justice.
Professional Associations and Memberships
- Orange County Bar Association
- Los Angeles Bar Association
- Orange County Trial Lawyers Association
- California Employment Lawyers Association (CELA)
- Consumer Attorneys Association of Los Angeles (CAALA)
- The National Employment Lawyers Association (NELA)
- American Association for Justice
- Consumer Attorney of California
Awards and Recognitions
- Super Lawyer’s Rising Star 2020
- Consumers Attorneys Association of Los Angeles Rising Star Finalist 2019
- National Trial Lawyers – Top 40 Under 40
- American Institute of Trial Lawyers – 2019
- Association of American Trial Lawyers – Top 100 in California