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How we fight for every dime in seeking legal recoveries!

Sep 10th, 2014 | By | Category: Internet Law

In every case (whether internet defamation, invasion of privacy, cybertorts, social media account takeover/impersonation, revenge porn) we will fight for your interests and seek to recover everything your case is worth.  As we like to say, “we fight for every last dime” in all of our litigation cases.  What your case is worth depends upon the facts of the case.

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What types of online injury cases does our law firm handle?

Our firm can help you with personal injury and CYBERTORTS which occur online.  Such cases may include online defamation, copyright infringement, cybersquatting, cyberstalking, defamation, intentional infliction of emotional distress (ex. posting of nude or sex photos), revenge porn, false light, invasion of privacy (ex. posting private facts about you or your company), social media account takeover and impersonation, plagiarism and more.

Things we look for in a personal injury case

1.  Serious injury (damages).  In order to have a good case for personal injury recovery, we need to be able to show that you have suffered damages.  In the event your case ever goes to a jury trial, being able to PROVE your damages will be key to a successful recovery.  Damages can take many forms, but some of the more common damages in a litigation case includes:

  • Medical bills
  • Physical therapy bills
  • Lost wages
  • Loss of career
  • Permanent physical damages (ex. loss of life activities previously enjoyed)
  • Pain and suffering
  • Psychological injury
  • Loss of fine motor skills
  • Loss of a loved one
  • Loss of companionship

In short, the documented pain and suffering you can show, along with the documented life changes, and permanency of the changes will make the biggest difference in your case.  Nature and degree of pain and suffering + permanency of injury and lifestyle alterations – comparative negligence of Plaintiff = damages.  That is just a general equation you might want to consider as a personal injury damages award rule of thumb.

2.  Liability.  We have to be able to make a case that your injuries and damages were actually “CAUSED” by the acts or omissions of the Defendant(s).  In other words, there has to be evidence, as the song goes that “somebody done somebody wrong.”  As the old saying goes, the liability in a case never gets better, so we want to make sure it is there before we take your case.  In some cases, we may have to refer you out to another firm that doesn’t have the overhead our firm has, in order to get you the type of attention you need and which your personal injury case deserves.

3.  Venue.  Likelihood a jury or court in your area will side with us when your claims are asserted.  Obviously a good personal injury case is of little value if the fact finder, jury, or trial judge (and the appellate courts in your jurisdiction as large awards are likely to go up on appeal) won’t find in your favor at the end of the day. The venue and where the personal injury lawsuit should be filed are thus very important considerations.  Will you file in state court?  Federal court?  This is always a very important consideration.

4. Insurance Coverage – In a personal injury case, you want to make sure that the fight is worth it.  You may have BIG DAMAGES, but if there is no one to pay you that won’t help you much.  Part of our job is to identify potential defendant(s) and insurance policies that can cover the damages you have suffered.

What types of things do we do when we take on a new personal injury case?

1.  We immediately find out what happened.  This includes contacting witnesses and obtaining any police reports.

2.  We determine what caused the injuries.  We need to know if we can prove that someone else or some other company is legally responsible for your injuries and should pay your fair and adequate compensation.

3.  We may discuss your case and case documents with experts who can help us make the determination as to what caused your injury.

4.  We will make sure your medical needs are provided for.  Your health is more important than any settlement.  As the saying goes “health is the greatest wealth” so we will make sure you are getting the right medical care if you are not already treating with doctors.

5.  We analyze your case to see if it is the type of case we are willing to accept on a contingency fee basis.  Because a lawsuit can often put you and our firm together for some time while we fight the litigation, we need to make sure we are a good fit for each other, and that the case has a great opportunity for financial reward.

6.  We review appropriate case law that may apply to your case.

7.  We send out evidence preservation letters, and put the potential defendants on notice of our claims.

8.  We run asset checks on any defendants that we believe may be sued to make sure we know what we are up against.

9.  We seek to ascertain where, and to what extent any insurance policies may be subject to attack if we file a personal injury lawsuit.

10.  We get the ball rolling by filing a state or federal lawsuit (depending on the type of case) and start the litigation process within applicable statute of limitations periods.

How much is my personal injury case worth?

At the early stages of the lawsuit it is difficult to know just how much a case or injury might be worth.  There is no set formula and the damages that look small at the outset could grow larger due to subsequent developments after the personal injury suit is filed.  A case that looks promising could turn out to be a loser due to a waiver or some other issue.  We can always provide examples of other similar verdicts, but we don’t do this because every case is different and what’s most important is to have a law firm that is fighting for every last dime the case is worth.  That’s what we do for you.  With a contingency case, we have “skin in the game” and when you succeed, we succeed.  So we are there every step of the way trying to maximize the settlement and to ensure you get fair and adequate compensation for your injuries.

Do you settle cases or take them to trial?

Every case is looked at individually.  Most people are aware that most cases settle.  The main reason for this is litigation is expensive, and can be unpredictable.  If a fair and adequate monetary award can be achieved without risking a jury trial, that could be in the best interest of all parties.  You have to keep in mind that jury verdicts can be appealed, and if you get a large award, that could be where you case is headed.  It could take years to actually receive the money.  While there are firms that can advance money on a settlement, this will cost you a chunk of your settlement.

On the other hand, if a fair settlement cannot be reached, taking the case to a jury trial might prove best for both you and our firm.  These are the things we discuss as we work on the case together, and try to reach the best outcome possible.

When is the best time to try to settle the case?

Anytime can be the right time to try to settle a personal injury lawsuit, or any other lawsuit for that matter.  For example, you can settle your case:

1.  Right after the case is accepted, and if you have a clear cut case for liability and damages, the insurance adjuster (assuming there is an injury caused by an insured party) sees the liability and a fair settlement can be reached;

2.  After a demand letter is sent, but before a lawsuit is filed;

3.  After the civil lawsuit is filed, and the Defendant(s) realize you are not joking around;

4.  After written discovery is performed, and/or initial disclosures are made (ex. rule 26.1 disclosures in Arizona and in Federal Court), and the Defendant(s) realize their liability and exposure;

5.  After depositions of one or more parties are taken, and the exposure becomes clear after witness credibility and legal theories are tested;

6.  At any stage of the litigation;

7.  Before a jury is picked;

8.  After opening arguments are given;

9.  After our best key witness testifies;

10.  After closing arguments;

11.  After a verdict is rendered;

12.  Before an appeal is filed;

So every stage of the litigation presents an opportunity for settlement if a fair and adequate award is obtained.

What makes Vondran Legal the clear choice for handling your personal injury case?

While there are thousands of law firms ready to take your case, we are the only firm (that we are aware of) that lives by THE FIVE P’S.  This is something lead Attorney Steve Vondran learned in his professional baseball playing days in the Cincinnati Reds organization:

PROPER | PLANNING | PREVENTS | POOR | PERFORMANCE.

Say that five times fast!

It may sound funny, but it’s true.  In litigation, it is the Attorney or law firm that knows your case inside and out and knows the law cold that will do you the best justice.  That’s what we do.  We fight for our clients, partner with our clients, and thoroughly investigate and prosecute each case we handle.  We communicate with you every step of that way, and we fight like crazy to get everything you are entitled to.  If there’s a dime there, we want to get it.  When you win, we win.  That’s the only way we know to litigate cases at our firm and we think you will see and appreciate these advantages.

Conclusion

Whatever the type of damages you have suffered, we are here to help you recover for your losses.  Give us a call at (877) 276-5084, or simple fill out the email form below.  We will get back to you shortly, and we look forward to discussing your case with you.

Steve Vondran, Esq.

 

 

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We are a business and civil litigation firm with a focus on copyright infringement cases involving illegal movie downloads (torrent cases such as London Has Fallen, ME2 Productions and Malibu Media defense), software audits (ex. Microsoft audits, SPLA, Autodesk audit notification letter, Siemens PLM defense, SIIA, Adobe and Business Software Alliance defense) and other software vendors threatening piracy and infringement. We also handle cases involving internet law, anti-SLAPP, media law, right of publicity, trademarks & domain name infringement, and we have a niche practice area handling California BRE licensing disputes, accusations, subpoena response, statement of issues and investigations. We have offices in San Francisco, Beverly Hills, Newport Beach, San Diego & Phoenix, Arizona and accept federal copyright and trademark cases nationwide. All content on our website is general legal information only and not a substitute for legal advice, and should not be relied upon. Decisions to hire counsel should not be based on advertising alone. Blogs, videos and podcasts are authored by Steve Vondran, Esq. unless otherwise noted. We can be reached at (877) 276-5084.

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