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Len Watkins

Joshua Genser
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Offices
in Point Richmond and Emeryville
125 Park Place, Suite 210
Point Richmond, CA 94801
Phone: 510-237-6916
Fax: 510-236-9851
2200 Powell Street, Suite 890
The Watergate Office Towers
Emeryville, CA 94608
Phone: 510-237-6916
Fax: 510-236-9851
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Personal
Injuries and Auto Accidents
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you have been injured and you think it was someone
else’s fault, you might have the right to sue that
other person. In order to win such a case, however,
you must have three factors in your favor: |
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You
must prove that it was, indeed, the other person’s
fault. Sometimes this is easy, as in a rear-end
automobile collision, but sometimes there may
be any number of causes contributing to the accident,
including some of your own fault. |
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You
must prove that you have been damaged. Even if
you were hurt as a result of someone else’s fault,
you won’t get any money out of it unless you
can prove that it cost you money. Elements of
damages include your medical costs, your lost
income from missing work, and your lost future
income from any disability caused by the accident.
You are also entitled to recover money for "pain and suffering," but the amount is usually a function of how much of the other types of damage
you can prove. |
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You
must be able to collect any judgment from the
other party. If the person whose fault caused
the accident has insurance, you’re all right.
If the person at fault has no insurance and isn’t
independently wealthy, however, you may not end
up with any money even if you win your lawsuit. |
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you’ve been injured, you should immediately: |
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Consult
with a medical doctor. There is nothing wrong
with chiropractors, and you may choose to be
treated by one. However, juries will respond
to you better if you also have medical confirmation
that you did, indeed, suffer an injury. |
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Choose
your treatment according to your health needs,
not according to what will be best for the litigation.
Your health is forever, but the litigation is
only about money. |
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Consult
with an attorney. Genser & Watkins recommends that you call Ken Larson at 234-8890, or Vaughn Spunaugle
at 262-0878. (Please tell them you were referred
by Genser & Watkins.) If they take your case, they will do so on a contingency fee basis.
That is, they will not charge you anything, but
will take a percentage of the final recovery
as their fee. That percentage will probably be
one-third if you settle before trial, and forty
percent if you settle after the trial starts
or if it goes to judgment. That percentage is
negotiable, however, and could be lower for a
very strong case or higher for an especially
risky case. |
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