Personal Injury

For more than a decade, and especially since 1998, when the Law Office of Mann & Elias was formed, Scott Mann and Imad Elias have represented individuals suffering from serious injury. We are experienced and successful trial lawyers who provide sophisticated legal representation for almost any type of bodily injury. We have defended the rights of plaintiff in virtually all personal injury matters including car accident injuries, premises liability injuries, slip/trip and falls, product liability claims, pedestrian accidents, bicycle accidents and swimming pool deaths. A large part of our litigation practice consists of prosecuting defendants for causing personal injuries including catastrophic burn injuries, brain injuries, paralysis, fractures, wrongful deaths and orthopedic injuries of every kind, including soft tissue injuries.

PERSONAL INJURY OVERVIEW

Personal injury law is also known as tort law which is commonly defined as follows:

"a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm."

Personal injury law (or tort law) falls under three categories:

Intentional torts - purposely inflicting injury.

Negligent torts - causing an accident that results in injury.

Strict liability torts - manufacturing, marketing or selling defective products that result in injury.

The most common ground for personal injury claims and lawsuits is negligence. We all owe others around us a duty to be careful. Negligence is the breach of that duty of care. You may seek a claim for personal injury claim if you suffered injuries caused by someone’s negligence. For example, we must all be aware of traffic signals and traffic conditions in order not to run a red light and cause a crash. If a driver’s inattention causes a collision resulting in injury, then the injured party can pursue a claim for bodily injury for negligence against the offending driver. It is commonly said that there is no such thing as "just an accident". An accident happens because someone failed to take reasonable precautions to prevent the accident from happening.

Negligence is the main cause of motor vehicle accidents, bicycle and motorcycle accidents, pedestrian accidents, swimming and diving accidents, and premises liability (slip and fall) accidents. When an accident occurs due to someone’s negligence, the injured party may file a claim against the negligent party to recover all their damages. Injuries can range from soft tissue injuries (whiplash), spinal injuries and fractures, to catastrophic injuries including death, paralysis and severe burn. Damages generally include current and future medical expenses, property damage, pain and suffering, current and future loss of income, loss of enjoyment and in certain cases, punitive damages.

In order to prove negligence, you must support your claim with the following 4 facts:

Duty of Care - The other party had a duty of care towards you (for example to drive within speed limits).

Breach of Duty - The other party breaches this duty (for example, driving too fast)

Causation - Their negligence caused the accident.

Damages - You suffered damages as a result of the accident.

It is also imperative that you file your claim within the time allotted by the State of California. The California statute of limitations for negligent tort cases is 2 years. However, because the burden of proof is on the plaintiff, we strongly recommend that you contact our office immediately following the incident in order to build your evidentiary case when recollections are fresh and the physical evidence (skid marks, evidence of impact) is still physically ascertainable.

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SUV ROLLOVER ACCIDENTS

There are over 4 million vehicle crashes each year in the United States, causing injuries over 3.1 individuals. More than 41,000 people are reported killed in these crashes. Many of these accidents are not caused by driver negligence. Instead, the crashes were caused by defective automobiles or defective automobile parts. These include the following types of cases:

SUV Rollovers:

Insurance industry statistics show that people in most SUV's have higher death rates in single-vehicle accidents then people in average cars. This is mostly due to higher incidents of vehicle rollover.

Rollover crashes often occur when a vehicle is tripped by a ditch, curb, soft soil, or other object, usually when it has run off the road. This “tripping” mechanism causes the vehicle to rollover. A major factor in serious rollover accidents is the relative lack of stability of each vehicle. NHTSA (The National Highway Transportation Safety Association) have reported that taller, narrower vehicles such as sport utility vehicles are more likely to roll once they leave the roadway.

According to NHTSA rollovers, although infrequent, often lead to serious injury or death. The fatalities from rollover crashes number around 10,000 on a yearly basis. It has been reported that nearly 40% of these fatalities involve SUV rollover.

Defective Tires:

The most infamously known cases of defective tires was the Firestone recall of August of 2000, as a result of which 14 million tires sold in the United States were recalled. Defective manufacturing caused belt separation in the tire which in turn causing tire blow outs and loss of control over the vehicle. The ensuing crashes often led to catastrophic injury and death. Tire separation accidents continue to occur to this day, involving more than one tire manufacturer.

While The Law Office of Mann & Elias handles SUV Rollover and tire separation cases. However, these case can be very difficult to prove, very expensive to litigate and extremely time consuming, which can have an negative impact on our relationship with other clients. This is why tend to be very selective in taking on these types of cases.

However, if you have been a victim of an accident that you feel was caused by design defect, including tire separation issues, we encourage you to seek consultation with us as it is FREE of charge. We will give you an honest evaluation, possibly take on your case, but if not, refer you to other capable attorneys who can assist you.

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BICYCLE ACCIDENTS

Bicycling has increased dramatically over the past three decades, especially in California, due mostly to congested roads, the high cost of gas and parking restrictions. In response to this increase in use, special bike lanes and park trails accessible to bicycles have been constructed by most Californian cities and town. Unfortunately, many automobile drivers do not respect the bicyclists' rights to share the roads and, more importantly, young bike riders haven't been educated on how to legally and safely share the roads with automobiles, resulting in a rise in serious, and sometimes fatal, injuries to bicyclists.

Motor vehicle operators and bicyclists must obey the same traffic laws and there are many "new" traffic laws concerning bicycles. Ignorance of the laws does not alleviate a motor vehicle operator's fault in an accident if they injure a bicyclist. In addition, beyond the applicable laws, each bicycle case is different. Negligence in these type of cases is often dependent on the particular facts of each accident, which make these cases more complex than those involving automobile collisions. Collisions with automobiles only account for 1/3 of the accidents. However they account for the majority of the catastrophic injuries.

Hiring an attorney with experience and expertise in these types of cases is advisable. Mann & Elias partner Imad Elias has that experience and expertise, having successfully prosecuted and settled numerous bicycle cases involving complex and challenging fact scenarios. You can contact Mr. Elias at mylaw1999@aol.com for a free consultation.

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COMMON CARRIER ACCIDENTS
(Bus, Taxi, Shuttle, Trains, Airplanes etc…)

For many reasons, including traffic congestion, business travel or simply disability and age, Millions of people, including Californians, use what is referred to as “common carrier”, which generally means rapid transit and public transportation, on a daily basis, for their transportation needs. This includes buses, taxis, shuttles, trains and airplanes. A large segment of our population is dependent on mass common carrier. For instance, it is reported that 23.5 million elementary and secondary school children ride school buses daily throughout the United States, twice a day.

Thankfully, the majority of injuries that occur on common carrier are minor. Some however, are catastrophic. Common carrier accident, including school bus accidents can often result in serious personal injuries or death. Common carrier accidents can be caused by driver negligence, inadequate security, dangerous roadways, weather conditions, negligence, defective products and improper maintenance, among others.

Unlike regular “negligence”, the law in California imposes upon common carriers the "utmost duty of care" towards its passengers. This "duty of utmost care" is higher than the standard negligence duty of care (for example, the duty of that same bus driver towards other drivers on the road).

If you have been seriously injured involving a common carrier (Bus, Taxi, Train, Airplane), you need the advice of an experienced bus accident injury lawyer, especially if the common carrier is a public entity (for example city buses or school buses). Claims for damages against a public entity or governmental entity are complex and have strict time limitations. Of course, the viability of each case depends upon the circumstances and facts surrounding that particular accident.

The Law Offices of Mann & Elias has successfully represented numerous plaintiffs for bodily injury claims against common carrier cases. In fact we have most recently settled a few common carrier cases, including a $135,000.00 settlement for a bus fall, and a $50,000.00 for an airplane overhead incident. Please see our most recent results.

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PEDESTRIAN ACCIDENTS

More than a hundred thousands of pedestrians are injured each year in the United States. Nearly 60% of those injuries are fatal. Most injuries are caused by negligent drivers. Many of the victims are children and the elderly. Many factors contribute to drivers’ negligence in causing pedestrian accidents including:

• Driver inattention.
• Failure to observe posted speed limits.
• Failure to yield the right of way to pedestrians at marked cross walks.
• Negligent turns at an intersection.
• Driving under the influence of alcohol or drugs.

Pedestrians who are hit by motor vehicles may have a claim for negligence against the driver that hit them. Like negligence cases in general, it is best to contact an experienced attorney who can expertly evaluate your case. The Law Office of Mann & Elias has successfully represented, settled and tried numerous claims for injured pedestrian. This includes a most recent verdict of $160,000.00 for a pedestrian hit by a vehicle while in a crosswalk (defendant claimed that our client had “darted out”). For more information, see our most recent results.

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SWIMMING POOL ACCIDENTS

Swimming pool accidents often involve very tragic injuries. It has been reported that Swimming accidents claim the lives of over 1,000 children each year and accidents in swimming pools account for over 1/3 of those fatalities. Many of those fatalities are children who can drown in less than 2 inches of water and in less than 5 minutes!

Thousands of adults also die or suffer catastrophic injury as a result of swimming mishaps on a yearly basis.

Most swimming pool injuries occur because of product defect or someone’s negligence of some type. Injuries occur because of defectively designed or improperly constructed pools, negligence in securing a pool from small children, and negligence in maintaining the swimming pool in good condition.

The law requires owners of private "backyard" pools to provide a safe environment for children and adults alike, and to focus on accident prevention. Public pools such as community pools and hotel/motel pools are also subject to the same guidelines. If you or a loved one have been injured in a swimming pool accident, you may be able to file a premises liability claim against the responsible owner of any pool if you can prove the owner was negligent, that that negligence caused an injury and that damages occurred as a result of that injury.

If the injury is caused by a defect in the pool’s design or construction, you may be able to file a product liability claim against the manufacturer or seller of the swimming pool.

Whatever theory of law your claim falls under, please remember that these laws are complex and require the expertise of a personal injury lawyer with considerable civil litigation experience handling serious injury cases.

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PRODUCT LIABILITY

Over 20,000 deaths and more than 25 Million injuries are reported to occur every year due to defective products (per. U.S. Consumer Commission). It is reported that the injuries, deaths and associated property damage from defective products cost the American public over $500 billion annually.

There are 200-300 product recalls each year. The types of products recalled because of defects or dangerous conditions include, but are not limited to automobiles, tires, furniture, household appliances, tools, and safety equipment such as smoke detectors and fire alarms. There are federal and state regulations requiring these products to be designed and manufactured for our safe use. Defects can cause serious injury including brain injury, spinal cord injury, paralysis, severe burn, blindness, scarring, pain, suffering and even death.

California laws are designed to prevent harm and provide compensation for damages or injuries caused due to a defective product. There are many examples of product liabilities including defectively designed or manufactured products; products that do not live up to their respective warranties or guarantees; products that causes injury due to normal use and products that have unclear, incorrect or incomplete instructions or guidelines for use and therefore cause injury or damage.

The most common claim against a manufacturer is one based on the concept of "strict liability". Under the “strict liability” theory claim, you don’t have to prove that the manufacturer was "negligent". Plaintiff must however prove that:

The product was, in fact, defective.
The defect existed prior to the manufacturer releasing the product.
The defect caused your damages.

A product is considered defective if it does not provide the level of safety which the community generally is entitled to expect. The level of safety required for each product will vary from case to case. It is ultimately for the court or a jury to determine whether a product is defective, after hearing expert witness testimony.

Each product defect case is unique to that product. Whether the manufacturer or seller is liable will depend on the facts of the case and on the actual product. However, mass recalls of defective and dangerous products are often handled as class actions.

The Law Office of Mann & Elias has successfully handled, settled or tried a number of product liability cases. Most recently, in a case involving a defective garment that was highly flammable, Law Office of Mann & Elias obtained for its client, a burn victim, a $3.7Million award by a jury of her peers. For more information, please review our most recent results. Currently, the Law Office of Mann & Elias is taking on product liability claims involving the defective drug, VIOXX

For more information on burn injuries, please see our section on burn injuries.

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VIOXX LITIGATION

If you've taken Vioxx and suffered a heart attack or stroke, it may be the result of taking the prescription drug Vioxx.

Vioxx is a brand name used by Merck & Co., Inc. ("Merck") to market and distribute rofecoxib tablets, a nonsteroidal anti-inflammatory prescription arthritis drug. Vioxx was released onto the market for distribution and sale by Merck in approximately May 1999.

On September 30, 2004 Merck voluntarily removed Vioxx from the market in all countries. Merck has removed Vioxx after an extended study showed that patients using Vioxx double their risk of having a heart attack, stroke or other cardiovascular injury. According to Merck, there are approximately 2 million people worldwide taking Vioxx and at least 84 million people have been prescribed Vioxx since it became available on the market.

Recent Vioxx litigation have revealed that Merck may have known of the increased danger of heart attacks or strokes due to taking Vioxx, but did not recall it the drug from the market until nearly a year later.

If you have suffered a heart injury including a heart attack or stroke, that you believe was caused by taking Vioxx, please contact the office immediately to discuss your Vioxx Injury case. We will evaluate your case for free.

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PREMISES LIABILITY

Under California law, a property owner has duty to keep his property reasonably safe, and to warn others of any dangerous condition if such a condition exists. Premises liability cases cover all cases where the owner breaches that duty of care, allowing dangerous conditions to exist on the property, and causing bodily injury to others.

Some common types of injuries in premises liability lawsuits can be due to slip or trip & fall, dog bites, repair men falling off a ladder, exposure to hazardous material, swimming pool drownings, or diving board accidents, fires, inadequate security, & inadequate lighting in common areas. Often such injuries occur due to the negligence of the property owner, either in failing to reasonably maintain or repair the property to eliminate the dangerous condition; or failing to warn of the existence of such dangerous condition.

When someone is injured on the premises, the question of Homeowners or Property Insurance which covers the premises is one of the main aspects of a legal proceeding when it comes to a premises liability lawsuit. An attorney may be required to make painstaking efforts to locate and pursue insurance coverage that will provide adequate compensation for the plaintiffs injuries and damages.

The Law Offices of Mann & Elias has successfully represented numerous plaintiffs for bodily injury claims against property owners for their negligence. Please see our most recent results.

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PERSONAL INJURY FREQUENTLY ASKED QUESTIONS

Q. What should I do in case of an accident?

A. Try to remain calm even when seriously injured. If you can, collect important information such as the name, number and address of witnesses; the address of of where the Incident occurred; if it’s a car Incident, exchange all information with all other drivers involved including insurance information, registrations, license plates and driver’s licenses; cooperate fully with the investigative police officer, and retrieve law enforcement information including police report number. If you can’t do any of those things, have a friend or family member do it. Next: Call an Attorney immediately.

Q. How much will your firm charge me in attorney fees?

A. MANN & ELIAS works on a contingent fee basis – meaning that we get a fee based upon how much is recovered on your case. We don’t get paid until money is collected on your case.Our contingent fee schedule ranges from 30 to 40% is lower than most firms of our caliber. There are no up-front costs or fees involved.

Q. Who is going to pay up front for all of the costs and expenses of my case?

A. Every claim entails costs that must be advanced during the case. The injured claimant often is forced to hire experts, conduct discovery and prepare for trial in order to prove the case. MANN & ELIAS will advance those costs. The client is responsible for reimbursing the costs only when the case settles. If we don't recover money for you, you will owe nothing.

Q. What happens if we lose the case?

A. If MANN & ELIAS is unsuccessful in recovering monetary damages, you are not responsible for any fees or costs that were advanced by the firm.

Q. Why should I hire an attorney for my personal injury claim?

A. To recover the maximum amount of money in your pocket in the most efficient and least bothersome manner. If after discussing your case with you, we believe you don’t need the services of an attorney to handle your matter, we will simply tell you and provide some guidance to handle the case yourself. However, depending on the type and size of your case, many claims cannot be handled by an unskilled claimant. Even with MANN & ELIAS’ attorney fee, the client will recover more (and often much more) then if they represented themselves.

Q. Why Should I hire MANN & ELIAS as my attorneys?

A. Because you not only want great attorneys on your side, you also want personal attention and respectful service that caters to your case. We handle select cases every year. Ours is not a volume practice where your case will be lost in the crowd. Not only will we provide you expert representation, you will feel like you are being cared for and looked after. Because you want the peace of mind that comes from the style of representation that you get at MANN & ELIAS.

We are experienced attorneys who know the law inside out and know how to use it to bring our clients the best possible result under the law. We will not lie to you. If there are problems or weaknesses in your case, we will inform you what they are and what should be done to address those problems. You will also find that we are caring individuals who want you to receive medical care for your injuries, and recovery for your losses and pain.

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Scott Mann Imad Elias

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