We have a very simple philosophy here at my law firm: We will aggressively fight for your money.
		Let's talk about Personal Injury  What is Personal Injury?  Personal injury is what insurance companies call claims by injured persons against the driver of a vehicle, the owner of a property, damages caused by a trip and fall, and slip and fall, nursing home neglect, and even medical malpractice. What about insurance companies? What you need to know about personal injury claims and insurance companies. Insurance companies, like every other business, are not in business to give out money. They are in business to hold on to their money. That is no different than you or I. If I do not want to pay you, you are going to have to force me to pay you. Insurance companies have that instinct in the extreme.  What is a claim for trip and fall, slip and fall, nursing home abuse or elder abuse, an auto accident, medical malpractice or death? If you are injured in a personal injury claim such as a trip and fall, slip and fall, an auto accident or one of your family members or friends is killed or injured due to someone else's negligence, the first thing you may consider is making a claim against the person who caused the damage. That person will then turn the matter over to their insurance company. Thereafter, the insurance company will be the point of contact for a slip and fall, trip and fall, auto accident or death claim. You will likely never hear from the person who caused the injury, damage or death. The insurance company steps in for them. What does an attorney or lawyer do? An attorney or lawyer (either is the appropriate term) then provides the necessary information regarding your claim (injuries, damages, etc...) to the insurance company in the hopes that the insurance company will pay. The attorney packages the information in a way that the insurance company (hopefully) understands, thereby greatly increasing the chances of a good or great settlement. What happens if my slip and fall, trip and fall, death, elder abuse or neglect, medical malpractice or injury claim "offer" from the insurance company is too low? What happens if the insurance company offers too little, you might ask? The only answer is that the attorney must now compel or fight the insurance company (through the person who caused the injury) in Court. However, going to Court does not mean a jury trial, necessarily. It means filing a lawsuit, to start. After that there is litigation. Litigation is the process of a pre-trial battle. Information from both sides goes back and forth, and if the matter still can not settle a trial will be had. Trials are very rare. What and why should you have an attorney at every step? The bottom line is that insurance companies, unlike you, are set up to handle claims of every kind. In fact, most insurance company representative (known as adjusters) have handled every kind of claim that exists, and likely hundreds of times. Some adjusters just do slip and falls, some trip and falls, some medical malpractice, and auto, etc... You should not think that the kindly insurance adjuster actually is on your side. It is quite the contrary. From the moment you make a claim, until the matter resolves (by settlement or trial) the insurance company is in charge. The pitfalls of "going it alone." The insurance company starts with a statement. Never allow a statement unless you are with a lawyer. That statement will ruin your case, I have seen it. As an experienced insurance company lawyer, I can say that many a good case of slip and fall, trip and fall, auto, medical malpractice, and death has bee ruined by that simple initial statement. In criminal courts and criminal law the following is well known: you have the right to remain silent. Use it. Your only obligation is to comply with reasonable requests for information from your own insurance company. You have no obligation to do anything for the other side. Do I really need an attorney? An attorney acts as your Shepard in a claim. An attorney is the only one who you would use to file a lawsuit, right? You could "handle it yourself", but what is the point of that. If you have never made a Thanksgiving Dinner, would you do that yourself, for the first time, for your prospective in laws on Thanksgiving day? Of course not. Think of how many things could go wrong. A dry turkey, burnt pies, lack of ingredients, and on and on. Ideally, you would want the whole thing catered, or better yet, have a chef come to your kitchen with all the ingredients, right? That's what an attorney does. Why Daniel Wolfberg, Esq.? Daniel Wolfberg is a trial attorney. There are "litigators" who shuffle papers back and forth to the insurance company and its lawyers, but most litigators are not lawyers. Considering hiring an attorney? Ask how many times he/she has actually gone to trial. Ask whether that attorney is willing, under the right circumstances, to take your case all the way, to Court in front of a jury. The end game is a Jury. If in your search for attorneys you want someone who can go the entire nine yards, you need not just a good litigator, but a trial attorney for your slip and fall, trip and fall, auto accident, medical malpractice or death case. Its that simple. Mr. Wolfberg enjoys trial, and will, under most appropriate circumstances go to trial. Most attorneys will not go to trial for you. Other than trip and fall cases, what does Mr. Wolfberg do? Mr. Wolfberg is an accomplished trial attorney. Mr. Wolfberg has argued before the California Supreme Court on one of the most significant cases in decades. Mr Wolfberg will go all the way. Mr. Wolfberg has tried (i.e. gone to trial) numerous types of cases including trip and fall, slip and fall, auto and other business cases. Mr. Wolfberg is a well-rounded attorney, and handles real estate litigation (and trial), business litigation (and trial), and all other types of disputes that can not be resolved out of court.  A well-rounded attorney or litigator is what you need in all types of cases. In seeking an attorney, ask if that attorney handles any other kinds of cases, if they don't be wary. You want an attorney who is familiar with all aspects of the law, and goes to court on them. There are very few specialties in the law, and experience says that a well-rounded attorney is likely to understand your business, real estate or injury problem better, and have a better way to resolve it due to the experience gained in other cases. When you think about it, a personal injury case is nothing more than a business dispute. The dispute is between you and an insurance company over money. Why Mr. Wolfberg as your business, real-estate, or entertainment lawyer? Easy answer.... Mr. Wolfberg actually goes to trial. The thing about litigation is that very few cases go to court. However, that is always a possibility. Most "business" or "corporate" lawyers never go to trial. An attorney who handles a fair number of personal injury cases actually goes to trial. Ultimately, no matter what the dispute, you want a trial lawyer for the end game. You want to be able to say to your opponent "I am not taking the money, and I am going to trial." If your business attorney can't say he/she has been to a jury trial in a while, watch out. What about fees: Mr. Wolfberg is confident that he will win in the appropriate case. Therefore, most of Mr. Wolfberg's matters are handled on a contingent fee basis "you don't win, you don't pay." That being said, most all injury cases are handled on a contingent fee basis, however, for a variety of reasons, business matters will be handled either on a contingent fee or on an hourly basis. If the matter is on an hourly basis, just because Mr. Wolf berg is in Beverly Hills does not mean that you will be charge an excessive hourly rate, just call for an hourly quote. You will be pleasantly surprised. And, guess what, all fees are negotiable. What do I do now? Call Mr. Wolfberg or arrange to visit him in his office. All initial consultations are free. Daniel Wolfberg 323/842-2194

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e size and nature of the estate. Unless the case is complex, the standard Probate  fee is one half the statutory fee on estates of over $300,000 or more and 75% of the statutory fee on estates less than $300,000. Please call us to discuss your situation and receive information about our services. Toxic Molds Medical Malpractice Human Tissue Recall Tissue Transplant Recall PREMISES LIABILITY When someone is injured as a result of unsafe property or building conditions, they may have a right to make a claim for their damages against the owner of the property. Many homeowners and business owners fail to secure a sufficient level of liability insurance to cover the amount of any damages from an accident on their property. If the premises liability insurance is not sufficient to cover the claim, then the homeowner or business owner will become personally responsible for the damages. The landowner's duty to protect an entrant on the land depends on how the entrant is classified. The entrant on the land can be classified as a trespasser, licensee, or invitee. The landowner's duties are different for each type of entrant. Of course, the landowner owes less of a duty to protect the trespasser then the other types of entrants. The landowner's duty of care is highest for business invitees. Some states, however, like New York, have done away with these multiple classifications in favor of one standard of "reasonableness under the circumstances" of a particular case. INVITEE There are two versions of invitees- business visitor and one who enters as a result of public invitation. The Business Visitor The business visitor includes those entrants on the land that share some business purpose with the landowner. For example, an entrant that is a prospective customer in a store, even if the customer does not intend to make a purchase is a business invitee. All that is required is some prospective advantage to the landowner (for instance, the expectation that the entrant will return to that store when he is ready to make a purchase). An employee is also considered an invitee. The duty a landowner owes to a business visitor is to ensure the premises are free of defects and safe for the public as a whole. The landowner also has an absolute obligation to repair any dangerous conditions on the property and to warn any business visitors of hidden defects that have not been repaired. The Public Invitation Most courts today accept a broad definition of public invitation which includes, as an invitee, any person on land open to the public or to the class of the public of which the entrant is a member. For example, visitors in hospitals and users of public parks, though having no business purpose on the land are invitees and entitled to ordinary care. Invitees are usually people the landowner wishes to be on the land. Invitees are entitled to ordinary care from the landowner. Ordinary care may require only a warning in some cases, but, in other cases, ordinary care may require active efforts by the landowner to make the premises safe. For example, active effort may be required when the invitee may be distracted and thus unable to protect himself even when he knows of the danger. LICENSEE A licensee can best be described as one who's presence on the land is tolerated or permitted and thus not a trespasser, Size of Estate Statutory probate Other Businesses in Los Angelesor construction crane fails because it has been overloaded. DANIEL WOLFBERG/LAWYER's lawyers specialize in making sure that every defendant whose conduct has contributed to an accident is held responsible. Maximizing damages - It isn't enough to establish liability, the outcome of a client's case also depends on proving the full extent of damages. DANIEL WOLFBERG/LAWYER knows how to find the best medical experts who can not only diagnose and treat the most sophisticated injuries, but just as importantly can effectively communicate their findings. To maximize damages, it takes more than proving the injury. We work with economists (to establish the monetary losses of our clients), vocational rehabilitationists (to establish the impact of the injury on the client's earnings capacity), life care planners (to establish future care needs and the costs involved) and a host of other types of damage experts, all geared to maximizing our client's recoveries. Use of experts and creativity is especially important to demonstrate the full measure of damages in wrongful death cases. Team Approach / Principal Lawyer Handling - DANIEL WOLFBERG/LAWYER is unique in that every case accepted by the firm is handled from start to finish by the firm's principals, Matthew B.F. Daniel Wolfberg and Marc J. Lawyer. Every case is approached on a team basis where every member of the firm works on the case. This team approach involving hands-on involvement of the principal lawyers is much different than how most firms work, where the handling is basically done by an associate and the senior lawyers only get involved, if at all, in the later stages of the case. Our clients profit from this approach because they not only get the benefit of our senior lawyers' extensive experience and knowledge, but they also get the input from many people, which substantially increases the creative ideas generated about handling, which translates to better results. Our lawyers at DANIEL WOLFBERG/LAWYER Trial Lawyers have achieved extraordinary recoveries for clients injured in products liability cases, including: Home About Our Law Firm Featured Sites Articles and Information Sitemap Contact Us Young girl was paid a $2.5 million settlement for brain damage she sustained when she fell from a swing ride product that was defectively designed. A group of battery plant workers recovered $millions for lead poisoning sustained as a result of products that were defective because they did not adequately ventilate lead particles. A worker who sustained brain damage and the family of another who was killed in an accident that occurred because of a defectively designed wheel on a piece of mining equipment were compensated $millions. The families of two children who sustained catastrophic damage as a result of their mothers having eaten Jalisco Cheese, while pregnant, that was contaminated with listeria as a result of not having been properly pasteurized were paid $ millions of compensation. A golf course gardner whose leg was burned off received $2.85 million from the manufacturers and distributors of a lawn mower that was claimed to have been defectively designed. Serious accidents caused by dangerous products often lead to catastrophic injuries, such as traumatic brain injuries or spinal cord injuries like paraplegia, quadriplegia or damaged cervical or lumbar discs. Some injuries are severe and immediately apparent, while others are more subtle and can only be diagnosed by specialists who are experienced in diagnosing traumatic injuries. Daniel Wolfberg/Lawyer understands traumatic injuries and knows the best medical specialists to help diagnose and treat our client's injuries, as well as maximize their recoveries. Contact the office of DANIEL WOLFBERG/LAWYER to schedule a free initial consultation to review your potential products liability case. Your consultation is free. Your recovery could begin today. 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Cases involving dangerous products that cause serious / catastrophic personal injuries can present many complex issues. If you've been seriously injured in an accident involving a product, you should contact the law office of DANIEL WOLFBERG/LAWYER for a free consultation. Our attorneys have developed handling techniques designed to maximize our clients' recoveries in products liability cases. Licensees are treated somewhat better than trespassers. However, the landowner owes no duty to inspect the premises or make them reasonably safe. Instead, the landowner is liable only if he knows or has reason to know of the dangerous condition on the land and should realize this condition is dangerous. Additionally, the landowner must have some reason to think that the licensee might encounter the dangerous condition. For example, if a licensee is permitted to use a homeowner's swimming pool, but instead enters the master bedroom in the house and slips on the floor, then the licensee would generally not have a claim against the landowner for injuries that resulted from the fall. TRESPASSER An entrant is classified as a trespasser for purposes of determining the landowner's duty in any case in which the entrant has no privilege to be on the land. General Duties to Trespasser Traditionally, the landowner owed only a duty not to For example: Liability Disputes - DANIEL WOLFBERG/LAWYER has proven liability in cases involving products where, on first blush, it appeared that nothing was wrong with the product. We accomplished this by extraordinarily thorough investigation, complex accident reconstructions with the best engineers and experts and high tech tools, such as computer modeling. Examples of Products Liability Cases - Sometimes it is obvious that a product has malfunctioned or that it was defectively designed and was responsible for an accident, such as where the tread on a new tire delaminates. Other times, the fault is more subtle, such as an amusement ride that did not include a microswitch that prevented it from being started before safety features were activated or a piece of equipment being improperly designed because the stop buttons are not accessible when an emergency occurs and a worker's health is dependent on being able to instantly cut power to the machine. The possibilities are infinite. DANIEL WOLFBERG/LAWYER specializes in analyzing how products involved in accidents are defective, establishing products liability. Negligence - Sometimes the best claim in cases involving products is not against the product manufacturer, but rather against the person or company responsible for upkeep of the product. Often the real cause of accidents involving products is negligent maintenance and repairs, rather than any defect in the design or manufacture of the product, such as when trucking companies fail to properly maintain the brakes on their big rigs. Other times, the true cause of catastrophic accidents involving products like heavy machinery is negligent operation of the equipment, such as when an industrial Generally, fees in a probate case may be for the services of 1) the executor, 2) the probate attorney and 3) the appraiser. The specific fees schedules shown above are for the probate attorney only. California Trust but who technically does not qualify as an invitee. For example, social guests are usually considered licensees even if the landowner expressly invites the social guest onto his property provided the guest does not stray from the area of the property the homeowner intended. intentionally, wantonly, or recklessly injure the trespasser. Therefore, the landowner was not liable for ordinary negligence toward the trespasser. However, today court are more less likely to find that landowners owe any duty to a trespasser, with one important exception. The landowner owes a duty not to wantonly inflict injury upon a "mere" trespasser who does not intend to commit a crime on the property. Duties to Child Trespassers Since the law has always recognized the propensity of children to run about, climb and play, landowners usually owe a higher duty of care to trespassing children under the following conditions: 1. trespass by children is reasonably foreseeable; and 2. the landowner knows or has reason to know of the danger; and 3. there is reason to think the child, by reason of his age, Los Angeles, living trusts LA COUNTY Santa Monica Trusts wills LA administer all assets in Trust order to settle the estate through probate. Since probate is a time-consuming and frustrating experience that requires numerous signatures and occasional court appearances, it is preferable to name an executor who resides in the state where the probate will be conducted. The executor should be only one person. The executor is usually a family member or trusted friend, but may be a bank trust officer or an attorney. The executor therefore works for the deceased's estate. The executor will still receive his or her full statutory fee which is based on the size and complexity of the estate. Probate fee schedule does not affect what the executor receives. How much does a California probate action cost? Because the perpetrator of a rape, armed robbery, or murder is often not apprehended (or even if he is apprehended he is usually judgment proof), victims are seeking compensation for their injuries from the employer or landowner. - E-mail This Page - Site Map - Disclaimer
 - Home We serve communities throughout Sourthern California, including Los Angeles County, Orange County, Ventura, County and Santa Barbara Counties, as well as the Inland Empire (San Bernardino County and Riverside County). Cities our clients come from include Los Angeles, West Los Angeles, Beverly Hills, Santa Monica, Malibu, the San Fernando Valley, Pasadena, Burbank, Glendale, Long Beach, Santa Clarita, Santa Ana, Newport Beach, Anaheim, Ventura, Thousand Oaks, Simi Valley, A recent study of premise security liability throughout the United States found that the main" targets of these lawsuits were residential apartment building owners and hotel and motel owners. Retail owners, restaurants and bars, as well as a few other types of businesses made up the remaining for more difficult cases. The fees listed above are the statutory fees used to compensate attorneys and executors in probate cases. Probate discounted fees are shown for comparison. The statutory fee is determined by a formula that ranges from 4 percent to 1/2 percent of the estate assets, depending on the size of the estate. On the average, the fees are between 2 and 2.5 percent of the estate assets. What does an executor do? the fair marke The executor is the person designated to How much will an appraisal CALIFORNIA who ADVANCE HEALTH Estates are appraised by probate referees, determine t value of the asset. The fair market value includes mortgages and other debts, which can result in an appraisal of the property that is higher than the equity that the deceased owned in the property. Probate referees are appointed by the state controller's office and they receive a fee based on .1 percent of the assets that have been appraised. The appraisal fees must be paid before an estate can be closed. What about Court costs? CALIFORNIA ADVANCE HEALTH CARE DIRECTIVE.Wills In addition to the statutory attorney's fees, there are costs for court filing fees, appraisal fees, executor's fees, publication costs, and miscellaneous fees charged by the county. A typical estate might incur $1,000 in court costs and other mandated fees. . the fair marke California Will CARE DIRECTIVE.of the estate cost? Owners who have created an artificial or man-made condition which they have reason to believe children may trespass upon, or whose land includes something that may be expected to attract children, are under a duty to provide such care as a reasonably prudent person would take to prevent injury. For example, when a homeowner has a swimming pool in his or her backyard, the homeowner owes a higher duty of care to a child trespasser. The homeowner must take extra precautions to ensure that a secure fence surrounds the property, so that a child will not be able to trespass onto the property and accidentally drown in the pool. Premise Security Liability A business owner has a duty to provide a safe place for its employees to work and its customers to visit. Claims against companies for injuries resulting from the criminal violence of third parties on the companies premises has increased dramatically over the past 10 years. to prevent injuries to Personal Injury/Wrongful Death Newsletter Amusement Park Information Page Boat Accidents & Injuries Information Page New Conquests / Works In Progress Firm Overview - Practice Areas - Attorneys - Verdicts & Settlements - Attorney Referrals - Resource Links - Contact Us - How to hire the right attorney - Questions every client should ask - Courtroom Presentations - Brain Injury Information Center - Catastrophic Injuries Information Center - Spinal Cord Injuries Information Center - Spinal Cord Injury Information Page - Personal Injury/Wrongful Death Newsletter - Amusement Park Information Page - Boat Accidents & Injuries Information Page - New Conquests / Works In Progress - Email Santa Barbara, San Bernardino, Rancho Cucamonga and Riverside © 2007 Daniel Wolfberg | Lawyer - Trial Lawyers. All rights reserved. Disclaimer
mit their claims against the estate within a four-month period, provided they have been notified of the probate. The executor is required, in most cases, to prepare a detailed accounting and report of the executor's activities. invitees if it reasonably appears or should appear to them that other innocent persons may be injured on the property. If a business is in a high crime area, then the business should hire a safety consultant to conduct an inspection. Through this inspection the consultant can determine the feasibility of taking additional safety measures. These measures can include installing security guards and security gates, security surveillance and alarm systems. Less expensive measures include installing proper locking devices on all doors. Additionally, in especially high crime areas, hotels and motels may have a duty to warn customers about the high-crime nature of the neighborhood and the importance of taking extra safety precautions to avoid being the victim of a crime. Should you require assistance with a Premises Liability issue, please contact us for an immediate free evaluation of your situation. 44% of companies sued for inadequate premise security liability. Although a landowner has no legal duty to protect another from the criminal acts of a third person, a landowner's duty may arise when the criminal conduct of a third party is the foreseeable result of a landowner's negligence. When criminal conduct of a third party is foreseeable, the landowner has a duty Guidant Ancure Aortoiliac System will not be able to protect himself from the danger The California Probate Code sets the maximum statutory fees probate that attorneys can charge for a probate and for the executor's fees. Higher fees can be ordered by a court We have dealt with many of these cases and can be an invaluable resource for information and more importantly assistance. Complete and submit this form and we will contact you shortly. * Name: * Home Phone: * E-mail Address: * Case Comments: Please be aware that the transmission of an e-mail inquiry itself does not create an attorney-client relationship. -------------------------------------------------------------------------------- The Law Offices of Daniel Wolfberg Toll Free: Copyright © 2006 - Law Offices of Daniel Wolfberg - California Slip and Fall Attorneys - California Premises Li