Construction Accident Attorney Clovis CA
For the benefit of our clients and the communities that we serve we have developed this website as a legal and consumer resource. In addition, we have provided information about our law firm so that you can make an informed decision as to whether our experience and qualifications can assist you with whatever legal problem you might face.
Content
Rowell Law Office
2525 Alluvial Avenue, Suite 314
Clovis, California 93611
Telephone: 559-299-3030
Toll Free: 1-800-315-1944
www.rowelllawoffice.com
If you or a loved one has been injured by the negligence of someone else, The Rowell Law
Office would be honored to help fight on your behalf.
For the benefit of our clients and the communities that we serve we have developed this
website as a legal and consumer resource. In addition, we have provided information about
our law firm so that you can make an informed decision as to whether our experience and
qualifications can assist you with whatever legal problem you might face.
As part of our commitment to our clients, we always try to respond as quickly and carefully
as possible to your legal needs. We temper the speed of our service with the need to be
thorough. We don't want just to take care of your legal needs quickly, we want to take care of
them correctly. We promise to try to get you the results you need and deserve. This can only
be accomplished by having experienced, dedicated legal professionals on your side.
Many times people do not seek the guidance of an attorney for fear that doing so would be
too expensive and complicated. At The Rowell Law Office, we alleviate those fears right
away. Your first consultation is always free. During that first meeting you will find out
whether your problem requires the assistance of an attorney and what we can do to help. Fees
and costs are discussed up front. There is no "guessing" as to what your fee might be for our
services.
When you enter our office you will know that our attorneys and other staff members
genuinely care about you and your legal concerns. If we cannot give your case the attention it
deserves we will tell you so. We do not take cases unless we feel we can devote the resources
necessary to attend to them properly.
If you or a loved one is in need of legal assistance, call The Rowell
Law Office toll free at 1-800-315-1944 or 559-299-3030
When someone is physically or emotionally injured, or their personal property is damaged, it
is considered in law to be a “Personal Injury”. The laws covering personal injury allow the
injured party to receive compensation for damages caused by someone else’s carelessness,
negligence, recklessness, or intentional
actions. Personal injury law is also called
“tort” law. States and the Federal
government have enacted tort laws for
the protection of your rights. Tort
actions have three elements: there must
be a legal duty between the defendant
(the one doing the wrong) and the
plaintiff (the person injured); there must
be a breach of that duty; and, damage
must occur because of that breach. When
all three elements take place, a personal
injury, or tort, has occurred.
The laws of our society places demands on all citizens not to harm others. This means that
not only should people be safe from harm, but their possessions also. Whenever someone else
harms you or something that belongs to you, they become liable to answer to the tort laws
governing the situation.
Another form of personal injury law covers “strict liability”. Strict liability means that there
is responsibility whether or not negligence was involved. This is usually applied to situations
which are in themselves abnormally or inherently dangerous. This concept also occurs in the
area of product liability. Manufacturers are charged with the responsibility of assuring that
their product is safe when used as directed. If someone is injured by a product, under the
terms of strict liability they do not have to prove intent or negligence, only that the product
was defective through no fault of their own, and that harm was done.
If you are the victim of a personal injury, there are several things you can do to help yourself.
First of all, make sure that you seek proper medical attention and that you follow up with the
proper authorities and your own insurance company.
Automobile accidents are one of the leading causes of accidental injury in this country. Each
year, thousands of people are killed in motor vehicle crashes and millions are injured. These
crashes are frequently caused by the negligence of other drivers, leading to their own death or
injury as well as those of innocent
victims. Motor vehicle accidents can
have many causes, but they can usually
be divided into negligence, intentional
misconduct, or product liability. While
it is true that accidents can be caused
by a so-called "act of nature" such as
earthquakes, these are rare.
The law of strict liability could apply in
some circumstances and neither
negligence nor intent would need to be
shown. Another cause of auto accidents
is product failure. The Firestone tire litigation is a prime example of product failure. In that
case, a defect in the tire caused accidents beyond the control of drivers. The defects were not
intentional but in law the manufacturer was responsible. A similar situation could exist if a
repair to the car was done improperly and resulted in a crash. In some states, in the case of
auto accidents caused by drunk drivers, the business or host who supplied the alcohol and
allowed the driver to drive in an intoxicated condition could be found to have a liability in
addition to the drunk driver.
The law of strict liability could apply in some circumstances and neither negligence nor
intent would need to be shown. Another cause of auto accidents is product failure. The
Firestone tire litigation is a prime example of product failure. In that case, a defect in the tire
caused accidents beyond the control of drivers. The defects were not intentional but in law
the manufacturer was responsible. A similar situation could exist if a repair to the car was
done improperly and resulted in a crash. In some states, in the case of auto accidents caused
by drunk drivers, the business or host who supplied the alcohol and allowed the driver to
drive in an intoxicated condition could be found to have a liability in addition to the drunk
driver.
Wrongful death is the term used when someone causes the death of another person. The death may
be caused by the actions of someone or by their failure to act (neglect). Wrongful death is a civil
action rather than a criminal action. Since the person killed (decedent) cannot file suit or collect
damages, it is the family or representatives of the
estate that do so. The intent is to recompense
family members who have suffered monetarily and
emotionally from the death. Damages can be
assessed for lost wages and benefits, loss of
companionship, and emotional pain and suffering
caused by the trauma.
A defendant can only be held responsible for a
wrongful death if it can be proved that the
defendant's conduct was the cause of the death.
It must be proved that the death would not
have occurred without the defendant's act. The
time between the defendant's action and the death of the decedent is not a factor as long as it
can be proved that the defendant's action was the cause of death.
If it can be shown that the decedent was partially responsible for his death, then he may be
found to have comparative or contributory negligence and dependent upon the state in which
the incident occurred, damages may be awarded based on the percentage of negligence
imputed to the decedent. Also, if the decedent failed to seek appropriate medical care and that
failure led to his death, there may be no grounds for a wrongful death claim or a reduction to
an award.
Different states have different methods for deciding who may file a wrongful death suit and
who may recover damages. Generally, it must be shown that the death was caused by
another's wrongful act; that the act was such that the decedent would have been due damages
from the act; and that monetary damages did arise from the act. If these three criteria are
met, it is possible that a wrongful death claim can be filed.
In a case of wrongful death, damages are assessed to compensate family members for their
loss. There are many ways in which damages can be calculated. Since damages can be
awarded in a number of areas, it is important to examine each one carefully.
The most obvious loss in a case of wrongful death is the actual expense occasioned by
medical and death expenses. These are usually easy to determine.
Less obvious but equally important is the loss of future earnings and benefits, as well as the
loss of companionship. These damages are more difficult to calculate and include anticipating
the lifespan and earnings of the decedent, as well as the relationship to remaining family
members.
2525 Alluvial Avenue, Suite 314
Clovis, California 93611
Telephone: 559-299-3030
Toll Free: 1-800-315-1944
www.rowelllawoffice.com
If you or a loved one has been injured by the negligence of someone else, The Rowell Law
Office would be honored to help fight on your behalf.
For the benefit of our clients and the communities that we serve we have developed this
website as a legal and consumer resource. In addition, we have provided information about
our law firm so that you can make an informed decision as to whether our experience and
qualifications can assist you with whatever legal problem you might face.
As part of our commitment to our clients, we always try to respond as quickly and carefully
as possible to your legal needs. We temper the speed of our service with the need to be
thorough. We don't want just to take care of your legal needs quickly, we want to take care of
them correctly. We promise to try to get you the results you need and deserve. This can only
be accomplished by having experienced, dedicated legal professionals on your side.
Many times people do not seek the guidance of an attorney for fear that doing so would be
too expensive and complicated. At The Rowell Law Office, we alleviate those fears right
away. Your first consultation is always free. During that first meeting you will find out
whether your problem requires the assistance of an attorney and what we can do to help. Fees
and costs are discussed up front. There is no "guessing" as to what your fee might be for our
services.
When you enter our office you will know that our attorneys and other staff members
genuinely care about you and your legal concerns. If we cannot give your case the attention it
deserves we will tell you so. We do not take cases unless we feel we can devote the resources
necessary to attend to them properly.
If you or a loved one is in need of legal assistance, call The Rowell
Law Office toll free at 1-800-315-1944 or 559-299-3030
When someone is physically or emotionally injured, or their personal property is damaged, it
is considered in law to be a “Personal Injury”. The laws covering personal injury allow the
injured party to receive compensation for damages caused by someone else’s carelessness,
negligence, recklessness, or intentional
actions. Personal injury law is also called
“tort” law. States and the Federal
government have enacted tort laws for
the protection of your rights. Tort
actions have three elements: there must
be a legal duty between the defendant
(the one doing the wrong) and the
plaintiff (the person injured); there must
be a breach of that duty; and, damage
must occur because of that breach. When
all three elements take place, a personal
injury, or tort, has occurred.
The laws of our society places demands on all citizens not to harm others. This means that
not only should people be safe from harm, but their possessions also. Whenever someone else
harms you or something that belongs to you, they become liable to answer to the tort laws
governing the situation.
Another form of personal injury law covers “strict liability”. Strict liability means that there
is responsibility whether or not negligence was involved. This is usually applied to situations
which are in themselves abnormally or inherently dangerous. This concept also occurs in the
area of product liability. Manufacturers are charged with the responsibility of assuring that
their product is safe when used as directed. If someone is injured by a product, under the
terms of strict liability they do not have to prove intent or negligence, only that the product
was defective through no fault of their own, and that harm was done.
If you are the victim of a personal injury, there are several things you can do to help yourself.
First of all, make sure that you seek proper medical attention and that you follow up with the
proper authorities and your own insurance company.
Automobile accidents are one of the leading causes of accidental injury in this country. Each
year, thousands of people are killed in motor vehicle crashes and millions are injured. These
crashes are frequently caused by the negligence of other drivers, leading to their own death or
injury as well as those of innocent
victims. Motor vehicle accidents can
have many causes, but they can usually
be divided into negligence, intentional
misconduct, or product liability. While
it is true that accidents can be caused
by a so-called "act of nature" such as
earthquakes, these are rare.
The law of strict liability could apply in
some circumstances and neither
negligence nor intent would need to be
shown. Another cause of auto accidents
is product failure. The Firestone tire litigation is a prime example of product failure. In that
case, a defect in the tire caused accidents beyond the control of drivers. The defects were not
intentional but in law the manufacturer was responsible. A similar situation could exist if a
repair to the car was done improperly and resulted in a crash. In some states, in the case of
auto accidents caused by drunk drivers, the business or host who supplied the alcohol and
allowed the driver to drive in an intoxicated condition could be found to have a liability in
addition to the drunk driver.
The law of strict liability could apply in some circumstances and neither negligence nor
intent would need to be shown. Another cause of auto accidents is product failure. The
Firestone tire litigation is a prime example of product failure. In that case, a defect in the tire
caused accidents beyond the control of drivers. The defects were not intentional but in law
the manufacturer was responsible. A similar situation could exist if a repair to the car was
done improperly and resulted in a crash. In some states, in the case of auto accidents caused
by drunk drivers, the business or host who supplied the alcohol and allowed the driver to
drive in an intoxicated condition could be found to have a liability in addition to the drunk
driver.
Wrongful death is the term used when someone causes the death of another person. The death may
be caused by the actions of someone or by their failure to act (neglect). Wrongful death is a civil
action rather than a criminal action. Since the person killed (decedent) cannot file suit or collect
damages, it is the family or representatives of the
estate that do so. The intent is to recompense
family members who have suffered monetarily and
emotionally from the death. Damages can be
assessed for lost wages and benefits, loss of
companionship, and emotional pain and suffering
caused by the trauma.
A defendant can only be held responsible for a
wrongful death if it can be proved that the
defendant's conduct was the cause of the death.
It must be proved that the death would not
have occurred without the defendant's act. The
time between the defendant's action and the death of the decedent is not a factor as long as it
can be proved that the defendant's action was the cause of death.
If it can be shown that the decedent was partially responsible for his death, then he may be
found to have comparative or contributory negligence and dependent upon the state in which
the incident occurred, damages may be awarded based on the percentage of negligence
imputed to the decedent. Also, if the decedent failed to seek appropriate medical care and that
failure led to his death, there may be no grounds for a wrongful death claim or a reduction to
an award.
Different states have different methods for deciding who may file a wrongful death suit and
who may recover damages. Generally, it must be shown that the death was caused by
another's wrongful act; that the act was such that the decedent would have been due damages
from the act; and that monetary damages did arise from the act. If these three criteria are
met, it is possible that a wrongful death claim can be filed.
In a case of wrongful death, damages are assessed to compensate family members for their
loss. There are many ways in which damages can be calculated. Since damages can be
awarded in a number of areas, it is important to examine each one carefully.
The most obvious loss in a case of wrongful death is the actual expense occasioned by
medical and death expenses. These are usually easy to determine.
Less obvious but equally important is the loss of future earnings and benefits, as well as the
loss of companionship. These damages are more difficult to calculate and include anticipating
the lifespan and earnings of the decedent, as well as the relationship to remaining family
members.
