Richards Willis, PC

Products And Services

• Brain Injury

  What Is Brain Injury? Traumatic brain injury is caused by sudden forceful damage to the brain. It can happen from the head hitting another hard object such as a windshield (closed head injury) or from something breaking through the skull and entering the brain such as a bullet or a nail. The most common cause of traumatic brain injury results from motor vehicle accidents, but they are also seen in sports injuries, construction site injuries, falls, fights and from shaken baby syndrome. The Effects Of A Brain Injury The extent of mental decline, physical or behavioral changes depend on how severe the injury was and what areas of the brain were affected. Closed head injuries are known to cause problems with speech, voice patterns, language skills, the ability to swallow, walking, coordination, memory, the sense of smell and the ability to think quickly. Commonly the worst traumatic brain injury symptoms occur shortly following the injury and it usually gets better. However, long-term or permanent problems can result. And while other areas of the brain tend to learn and take over some of the functions of the damaged portion of the brain over time, a traumatic brain injury may result in the person being unable to function well enough to return to their usual activities or employment. If another person’s negligence caused your traumatic brain injury, you may be entitled to money damages. To protect your legal rights after suffering a traumatic brain injury, you should consult Richards Willis PC. We are experienced in handling head injury cases and knowledgeable about medical issues. Does The Firm Handle Cases Throughout California? Yes! While Richards Willis PC is a San Diego based civil litigation firm, we have represented clients from Eureka to Needles to Chula Vista and every city in between. Contact Richards Willis PC for a FREE consultation about any type of personal injury claim including motor vehicle accident, motorcycle accident, industrial injury, railroad injury, wrongful death as well as any claims against your homeowners insurance who is not handling your fire or flood claim in a fair and professional manner. In 25 years there is no type of case that Richards Willis PC has not successfully litigated. We speak for the victim. We speak insurance. Se habla español. No fee unless we provide results. Do not hesitate to Contact Us. Remember, the sooner you begin this process the sooner we can get our investigators on the scene, and the better chance we have to preserve the evidence that you need to successfully win your case and the sooner your life and the life of your family will return to normal. Contact us today!

  Link: Brain Injury

• Construction Defect

  What are Construction Defect Cases? Richards Willis PC represents homeowners against contractors, remediators, industrial hygienists, architects and engineers who fail to properly perform their duties in the construction and/or repair of property. Our homes are not only the largest investment we will ever make, but they are the places where we live our lives and make our memories. Injury to our homes as a result of the carelessness of another is one of the most difficult things to deal with in our lives. Coming home at night to a damaged home or a home under unnecessary construction creates an imbalance in our lives that is much greater than the sum of the damages to the framing, the plumbing and the flooring. If you find yourself injured as a result of a construction defect you need an experienced attorney to handle your case. California construction defect litigation is, by and large, governed by two statutory schemes. The first, the Right to Repair Act (Cal. Civil Code, §§896 – 945.5), came into effect on January 1, 2003, and is commonly referred by its legislative bill, SB 800. The Act defines what constitutes a construction defect in California by establishing “functionality standards,” the violation of which is actionable as a matter of law. The Right to Repair Act applies to original construction intended to be sold as an individual residence where the purchase agreement is signed on or after January 1, 2003. The second statutory scheme, the Davis-Stirling Common Interest Development Act (Cal. Civil Code, §§1375-1375.1), is commonly referred to as the “Calderon Procedures” and applies to common interest developments such as apartment complexes and Homeowner’s Association claimants. These procedures require prefiling dispute resolution process between homeowners associations and common interest development builders (general contractors, all subcontractors, design professionals, and insurers of all potentially liable parties). Homeowners injured as a result of construction defect can file suit for strict liability, negligence, breach of warranty, breach of contract, misrepresentation and fraud. However, homeowners can only sue for negligence (often the only cause of action covered under a contractors policy when they have long gone out of business) if the defect caused consequential damage to the property. In 2000, the California Supreme Court held that there could be no cause of action for negligence against a developer, contractor or subcontractor without some proof of consequential damage. Aas v. Superior Court (2000) 24 Cal.4th 627. Pursuant to Aas, a construction defect plaintiff could not sue a builder for a defect unless there had been actual bodily injury or damage to property. The Right to Repair Act expressly superseded Aas by allowing claims where there is no resultant or consequential damage other than the defect itself. As discussed above, however, these causes of action are based on statutory strict liability.

  Link: Construction Defect

• Homeowner Claim Fire/Flood

  What are Homeowner Claims? Richards Willis PC handles complex commercial and residential insurance claims after a fire or flood loss. Our firm works with many of the Public Adjusters in San Diego County who are licensed by the Department of Insurance to represent members of the public in presenting their claims to insurance companies. When the claims that Public Adjusters are handling start to involve legal issues, or if the insurance companies outright deny the claims, Richards Willis PC litigates the claims on behalf of the homeowner or commercial building owner against the insurance companies. The passion of Mr. Richards representing policy holders began in 2003 when his sister lost her home in the Cedar Fire that burned through Harbison Canyon. She called her carrier the day after the fire only to be told that she had no insurance at all because it was supposedly cancelled months before. In representing his sister, Mr. Richards realized that if insurance companies would deny claims of the family members of attorneys who handle Bad Faith Insurance claims, then other members of the public without legal expertise had little chance. Since 2003 a major portion of the practice of Richards Willis PC is handling claims of homeowners and commercial building owners against the insurance companies who insure them.

  Link: Homeowner Claim Fire/Flood

• Insurance Bad Faith

  What are Insurance Bad Faith Cases? Insurance Bad Faith refers to the legal relationship between a policy holder and their insurance company in which the law has created a duty that insurance companies act in Good Faith when handling claims after a loss. In California, acting in Good Faith means that insurance companies must treat you fairly and not put their interests in saving money above your interests in receiving policy benefits. If an insurance company is found to have acted in Bad Faith, the company can be liable to pay the original amount of loss, emotional distress damages, attorney fees, and punitive damages. The conduct of insurance companies in California is governed in part by California Insurance Code §790.3 which states that the following conduct is prohibited: 1) Deceptive practices or deliberate misrepresentations to avoid paying claims. 2) Deliberate misinterpretation of record or policy language to avoid coverage. 3) Unreasonable litigation conduct. 4) Unreasonable delay in resolving claims or failure to properly investigate. 5) Use of improper standard to deny a claim. 6) Arbitrary or unreasonable demands for proof of loss. 7) Abusive tactics to settle a claim. 8) Compelling insured to contribute to settlement. 9) Failing to maintain adequate investigative procedures. 10) Failing to disclose policy limits and explain applicable provisions or exclusions. Richards Willis PC is experienced in advising clients how to proceed after a flood/fire loss, litigating complex issues of coverage, and/or suing insurance carriers for acting in Bad Faith. Richards Willis PC represents members of the public, Public Adjusting companies, and trustees of the Federal Bankruptcy Court in forcing insurance companies to pay fair compensation to their insured. In the case of Garcia v. American Securities, Richards Willis PC was retained by a trustee of the Federal Bankruptcy Court to determine why an insurance company was not paying the replacement costs of a commercial building lost in a fire which was owned by the bankruptcy estate. After extensive negotiation, Richards Willis PC recovered a $1.1 million recovery on behalf of the bankruptcy estate.

  Link: Insurance Bad Faith

• Personal Injury

  What are Personal Injury Cases? Personal Injury is a broad label for any claim for monetary damages brought by an injured party against a person or company whose carelessness caused the injury. The law allows Personal Injury victims to seek recovery for medical expenses, disability or disfigurement, lost income, as well as pain and suffering. Personal Injury actions often take the form of motor vehicle accidents, motorcycle accidents, slip and fall cases, railroad injury (FELA), injury while on a boat (Jones Act), aviation accidents and almost any other manner in which people can be injured. In its 25 years of practice, Richards Willis PC has successfully litigated every type of Personal Injury case. In the case of Collins v. Union Pacific, Richards Willis PC received a $3.9 million verdict for a man who suffered brain injury while working on a train derailment. This case went to the California Supreme Court which upheld the rights of non-railroad employees to sue the railroad as if they were their direct employee under the Federal Employers’ Liability Act (FELA). Most Personal Injury cases are settled before trial through negotiations with an insurance company. However, where a case cannot be settled, it may be necessary to take a case to trial. Richards Willis PC is not like the lawyers you see advertising on television. We take only a select number of cases which we believe in. We prepare all of our cases for trial and in that manner are able to get the best possible results through settlement or verdict.

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• Railroad Injury FELA

  What are Railroad Injury FELA Cases? The Federal Employer’s Liability Act (FELA) protects railroad workers who are injured on the job by allowing them to seek recovery from their railroad employer for disfigurement, loss of earnings and pain and suffering. As a result of cases handled by Richards Willis PC, this law has been expanded to include not only direct railroad employees, but also non-railroad employees like vendors who are working in rail yards and along rail tracks throughout the nation. Richards Willis PC recovered $3.9 million on behalf of a crane operator not directly employed by the railroad who was injured while assisting the railroad workers in the case Collins v. Union Pacific Railroad. The California Supreme Court upheld the right of the non-railroad worker to be protected by the FELA under the “borrowed servant” doctrine. The Railroad Injury FELA was enacted in 1908 in response to the thousands of railroad workers who were dying or maimed each year while working on the railroads. The United States Congress gave this extraordinary protection to railroad workers because of their sacrifice and the service that they provided in building this nation. The FELA is NOT a workers compensation system. Those workers who are injured and covered under the Railroad Injury FELA may bring lawsuits against their railroad employer in the Superior Courts of their state and receive jury verdicts for disfigurement, loss of earnings, and pain and suffering. The law requires proof of the railroads negligence but declares that this negligence shall be the cause of injury “if it played any part, no matter how small.” The FELA requires railroad companies to meet certain standards including: Providing a reasonably safe place to work Providing employees with safe equipment, tools and safety devices Choosing safe methods to carry out work Inspecting work place for hazards Creating and enforcing safety rules Providing necessary training If you are a railroad worker or a vendor who works on the railroad, you need experienced attorneys who are willing to take your case to trial. Richards Willis PC has a proven track record receiving multi-million dollar verdicts, and changing and improving the law that protects those who put their lives on the line everyday just to do their job. The railroad has a team of private detectives, investigators, and adjusters who start preparing their defense the minute you fill out an Accident Report. Protect your rights now, contact Richards Willis PC.

  Link: Railroad Injury FELA

• Spinal Cord Injury

  What Is Spinal Cord Injury? Spinal cord injury is damage to the spinal cord resulting in a loss of motor and/or sensory function. Causes can be the result of an motor vehicle accident, motorcycle accident, a construction site injury, a slip and fall from a dangerous condition, or from any number of diseases, including cancer, degenerative disk disease, narrowing of the spine, polio, spina bifida, etc. A spinal cord injury is unlike common back injuries such as a ruptured disk or a pinched nerve, for which there is current medical therapy. Many of our clients who work on the railroad or work on commercial boats severely injure their backs in this manner because their employer does not maintain a safe workplace. Spinal Cord Dysfunction The spinal cord are nerves bundled inside the bony spine. It carries information between the brain and the rest of the body. The spinal cord is protected by bones called vertebra. These bones create the spinal column. As a general rule, the higher in the spinal column the injury occurs, the more dysfunction is likely to occur. For example, if the injury to the spinal cord is in the neck, this may cause loss of motor and sensory function in the arms and legs, resulting in paraplegia or quadriplegia. If the injury is at the mid spine level, this usually causes loss of motor and sensory function in the chest and the legs, resulting in paraplegia. If the injury to the spinal cord is in the low back, this generally results in some functional loss in the hips and/or legs. There are many types of sensory or functional losses that could result from a spinal cord injury, including loss of feeling, loss of function, loss of ability to control your bowel or bladder, sexual dysfunction, infertility in men, inability to breathe on your own, chronic pain and other injuries.

  Link: Spinal Cord Injury