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Fogel & Associates is a full service litigation firm offering counsel with emphasis in: PERSONAL INJURY
Personal injury includes any injury a person suffers because of the actions of another. We represent people injured in car accidents, slip and falls, dog bites, drownings, dangerous products, and other circumstances. We represent families of people who died because of what someone else did. We represent people who suffer from mold caused diseases. We have associate counsel who represent people injured at work. We are very experienced working for injured people and we work hard to obtain full and fair recoveries. We regularly take personal injury cases to trial when necessary to do the best we can for our clients. Many times, because of our experience in representing people, our background in working for the insurance companies, and our thoroughness of preparation, we can obtain good settlements quickly. We work to get you compensation for every part of your injury. For your medical bills, loss earnings, future loss earnings, property damages, and of course, pain and suffering, now and in the future. We give every case personal attention in our effort to get the best possible result for you. We can come to you, we can begin immediately, and you will always deal directly with an attorney who will answer your questions. We work to obtain compensation for people injured by the wrongs of other people, businesses, and governments. We help people obtain the medical care necessary to make the best possible recovery. We help obtain all possible benefits, including payment of medical bills, repairs, rentals, and compensation for lost earnings. If a person is unable to return to work, we work to obtain compensation for all the future loss of earnings that he or she is unable to earn. We have obtained substantial money for our clients. Of course, we do not guarantee any result or outcome, and everything depends upon the particular circumstances of your case. We aggressively litigate mold cases. Mold has been recently shown to cause or contribute to the suffering of many people, particularly in normally dry southern California. Mold caused by leaks and vapor retention can lead to the rapid growth of dangerous and harmful spores, which destroy property and health. Early, effective legal action is necessary for the safety of the individuals affected and for the preservation of property. We have experts on “standby” waiting for our call, to investigate your concerns about mold. Particularly with our litigation and insurance experience, we are able to obtain full recoveries as quickly as possible, including alternative living arrangements and property compensation. Some examples of recent recoveries: We have obtained the full policy limits for an eye
injury to a young woman, and then the full policy limits on her own
policy for a total recovery of $130,000 when settlement was almost made
for a tenth the amount. We obtained a policy limits recovery on a shoulder injury and then another policy limits recovery from our client’s own carrier. Personal Injury FAQS Why do I need a lawyer if the insurance company is making me an offer of settlement? The insurance company’s handle many claims and have programs in place to pay the absolute least to you. Insurance companies in California have no duty to be fair to you, if you do not have a policy with them. Adjustors will say anything to get you to settle. But you have no real information to know whether an offer is even slightly fair. We have handled thousands of claims for people. We have worked for the insurance companies and know the law. We are able to get you the money you need following an injury, whether by settlement, lawsuit, or trial. My regular doctor says I should just rest at home following the accident. Is there anything else that can be done for me? Many doctors do not have specific training in caring for people with accident injuries. We can help you find a doctor who has specific training to help your situation, years of experience, and who can help you recover as quickly as possible. Insurance companies will not compensate people fairly if they have little or no medical care. My car still isn’t repaired, and I have no way to get to work. Can the insurer pay for a rental? We can fight with an insurer to provide rental coverages for you. Even if the rental bill becomes another kind of damages in the case, we will fight to get it paid for you. We can assist with autobody shops to get your car fully repaired, as soon as possible. I still hurt, but don’t know where to go for help. We can help you find an experienced and trained doctor. The right doctor can determine how you are injured, and help put you on the course to the fastest, complete, healing possible. Many times an insurance company will discourage a person from obtaining full treatment for all their injuries, and later turn around and refuse to fully compensate a person, saying they did not get much treatment. How long do I have to make a claim after an accident? Time limits on making claims, or statute of limitations, are complex to calculate. Statutes of limitations are legal time limits that require you to file your lawsuit within a certain time period. If you have not filed by the time limit, you may lose all rights to any compensation. It depends upon whether the wrongdoer is an individual or business, or is some part of the government, state or federal. There are different statutes for those under 18 when the injury occurred, and for medical malpractice. Additionally, California statutes of limitations are in the process of changing. We urge you to not delay and consult with us. Once we have all the facts, we can advise you of the statutes of limitation, and protect your rights. Can I make a claim if I was only a passenger and not the driver? Passengers may have even more rights than drivers. A passenger can look to all the drivers for compensation. Passengers do not cause accidents. Passengers who did not cause the accident in any way must be fully compensated. The police officer at the accident scene said I was at fault, but I disagree. Do I have a case? Police officers do not decide who was at fault, juries do. Many times a police officer will have too little time to really examine an accident scene and to talk in detail with all drivers and witnesses. We have obtained compensation for people who had police reports against them. The only way to find out if we can help you is to contact us. If I slipped and fell, can I get any compensation? If you slipped and fell on a substance or dangerous condition, we can help you. Many times, floors have a slippery substance on them. Has something spilled, are they cleaned often, are they inspected? These are questions we ask in our inspections. If a walkway has a large separation, poor lighting, or potholes, we may be able to get you compensation for your injuries. If I was bitten by a dog, do I have any rights? People who own dogs are responsible for any dog bites. In California, there is no “free first bite.” Even if a dog has never bitten anyone before, you may be able to get compensated for all your medical bills, pain, injury and suffering, and any future medical needs. We have helped people obtain settlements on serious dog bite cases. The only defense is whether the victim provoked the dog, and this requires clear facts. Once we know the facts of your injury, and your medical treatment, we can further advise you. Many people are unaware of the expense of a plastic surgeon who can provide treatment for many types of scars caused by dog bites. I was injured, but I don’t want to cause trouble for my friend, who was driving. Is there anything that can be done? We go after insurance companies, not friends. People buy insurance to pay for their mistakes that cause harm to others. We only pursue individuals in specific cases, and not without first discussing the situation in detail with you. If you were injured in a car driven by someone else, you have rights both against the other driver and the driver of your car. If you were injured by something at a friend’s house, we can pursue their homeowner’s insurance, not them. If you were bitten by a dog at your friend’s, we pursue the insurance company, not the friend. This is why people buy insurance, rather than go it alone. I was injured at another person’s home, not a business. Can I get any compensation? If the other person had homeowner’s or renter’s insurance, was negligent, and you were injured, we can get you compensation. We need to know the full circumstances of the accident and the injury. Homeowner’s insurance covers an owner’s negligence in steps and stairways, driveways, pools, and other places where people are injured through little fault of their own. I have been feeling badly for months, and now my doctor says I may be sick because of mold. What can I do? More and more people are discovering that they have been injured by mold growing in their homes or workplaces. We are able to help people get the medical care they need, and clean and protect their homes from this danger. These claims really need someone who is experienced with the science and the special nature of this kind of injury. We are able to immediately begin to help you and your family. We are experienced with injuries and property damages caused by molds. We are able to immediately assemble our team of experts and doctors to determine what molds are present. We obtain alternative living allowances for you and help to prevent further harm. Do not delay when you have been exposed to molds. What does this cost? Most personal injury work can be done on a contingency
fee, where you only pay a portion of whatever we recover for you. If
we do not prevail, you do not owe any attorneys’ fees. Costs are separate
from fees and in many cases can be financed, so if there is no recovery,
none are due from you. We discuss all costs and fees up front with each
of our clients, so you know what the arrangement is, exactly. Insurance is a part of everyone's life. People have home insurance, car insurance, health insurance, and disability insurance. We can help in obtaining the benefits which you should be paid under your policy. We can make sure that the insurance company has the information they need to pay your claim. We can prevent them denying a claim for unnecessary information. We litigate insurance bad faith cases. Where an insurance company is out to avoid payment of a justified claim, by any means necessary, we will take them to court. We will enforce your rights. We will use the power of the courts to bring the insurance company to justice. We have substantial experience with many carriers
and will work hard to obtain the best possible results. We focus on representing policy holders in obtaining coverage and benefits from various insurers. We do not represent insurers. We focus on representing insureds in the prosecution of insurance bad faith cases. We seek to obtain coverage and benefits as well as penalties. We are experienced in applying such diverse laws to insurance such as Business and Professions Code Section 17200 Unfair Competition, The Unruh Civil Rights Statute, and The Consumer Legal Remedies Act. We include punitive damage claims. We have substantial and through experience in claims for such first party coverages as intellectual property rights, environmental clean-up costs, and disability rights. Some Examples of our past successes: We are well qualified in all California law and actions involving the major insurers. We have been intensively litigating cases including those with jury verdicts in excess of $1,000,000 and with numerous Court of Appeals opinions reviewing the litigation. We have experience representing insurance carriers in actions brought by their insureds. These cases arose under the homeowner’s claims, environmental coverages, and worker’s compensation (premium adjustment clause) policies. We are further admitted to Federal practice in the State of Arizona. Our responsibility has included matters in which more
than $10,000,000 has been paid in claims and damages. We have successfully
defended claims with demands in excess of $5,000,000 on policies. We have represented an insurer in a claim against another insurer. After a trial court wrongly granted summary judgment, we worked to have that reversed, proceeded to trial, and obtained a verdict in excess of $300,000 in our favor. Adverse summary judgement, reversed, Progressive v. Truck Insurance Exchange, Case No. B067010. We are experienced at obtaining any possible insurance coverage for matters involving Intellectual Property Rights: All too often an insurer will attempt to reserve or avoid providing a defense at all on actions involving trademarks and copyrights. We understand intellectual property and insurance coverage. Because of our experience as intellectual property litigators, we have an advantage in obtaining coverage. Insurance Claims FAQS My insurance company says I have no coverage for the accident. How can this be? The insurance company knows that most people do not read their insurance policies, but rely on summaries and agents, to know what insurance they have bought. Too often, when a person needs the insurance, the insurance company will say that the harm isn’t covered, or that there is an exclusion. Few people can understand all of the different provisions of the insurance policy and how they work together. Combined with state law, and the many cases in California interpreting insurance policies, we can be successful in showing that insurer’s way of looking at the policy is wrong. My homeowner’s insurance won’t pay after the fire. Now, they are treating me like they don’t trust me at all. Can anyone help? Too many insurance companies are run like two different companies. The agents are friendly and get to know you, visit you at home, and talk about “trust” and “protection.” Then, if you have a claim, everything you say and do is examined closely. Even more for fires at your home, where your entire life is disrupted, you need someone knowledgeable and energetic on your side My disability insurance says I can work, but I know I can’t. What do I do next? Disability insurance companies go to great lengths to find anything that could support their belief that you are not really so injured and that you need to go back to work. My HMO medical insurance company denied me the treatment I need. They say all I can do is appeal, to them. Is there any way to get the treatment I need? There is nothing more devastating than an insurer denying you needed medical care. Depending on the policy, your condition, and what treatment you need, we are able to represent you at all levels of appeal and legal action. In many instances, we are able to provide additional information to the insurer and obtain the needed medical treatment for you. What does this cost? Claims work can be done on a contingency or hourly rate, depending upon what is best for you and your situation. With a contingency fee, you only pay a portion of whatever we recover for you. If we do not prevail, you do not owe any attorneys’ fees. Costs are separate from fees and in many cases can be financed, so if there is no recovery, none are due from you. We discuss all costs and fees up front with each of our clients, so you know what the arrangement is, exactly.
Trademarks Trademarks are the rights which people and business create by using a symbol to represent their business. The law of trademarks is very sophisticated and complex. We have been involved in many trademark actions, to both enforce and defend trademarks. Copyrights Copyrights are the important rights which an author of a work has over the work. There are trademark rights not only in books and plays, but in art, pictures, and music. The rights are broad. But not protecting your rights can lead to their loss. We can work for you to both file copyrights and to protect your rights against others. Patents We are available to provide advice regarding patent issues and to prosecute patent applications. We work closely with attorneys who will personally investigate your patent interests in the east coast government office. We are able to provide thorough answers. The multi-billion dollar businesses of Amazon.com and Priceline.com are both founded on patents. Internet We are experienced Internet attorneys. We have litigated important issues involving the Internet and are involved in ongoing litigation. We have litigated domain name cases. We can protect your name and work to prevent others from infringing upon your name. What does this cost? Much of this work is done on an hourly basis, but in some cases we work on a contingency fee, where you only pay a portion of whatever we recover for you. If we do not prevail, you do not owe any attorneys’ fees. Costs are separate from fees and in many cases can be financed, so if there is no recovery, none are due from you. We discuss all costs and fees up front with each of our clients, so you know what the arrangement is, exactly. Some examples of our past success: Trademark and Domain Names. We have aggressively and creatively litigated trademark cases, including the following published decisions: 1. Lucent Technology, Inc. v. Johnson, Russell Case No. CV 00-05668-GHK (RNBx) United States District Court for the Central District of California 2000 U.S. Dist. Lexis 16002; 56 U.S.P.Q.2D (BNA) 1637, September 12, 2000. (Plaintiff pled sufficient facts to state a claim under the Anti-Cybersquatting Consumer Protection Act against defendant, who incorporated plaintiff’s mark into the domain name for a web site that offered pornography for sale. 2. Lucent Technology, Inc. v. Lucenstucks.com Civil Action No. 99-1916-A, United States District Court for the Eastern District of Virginia, Alexandria Division, 95 F.Supp.2d 528; 2000 U.S. Dist. Lexis 6159; 54 U.S.P.Q.2d (BNA) 1653, May 3, 2000. Plaintiff’s in rem action against defendant domain name was dismissed because the identity and address of the registrant of the domain name had been found and in personam jurisdiction was possible. We have represented an individual against a pornographer and an Internet Service Provider for negligence and consequential damages. We have represented a charity and the son of a Cold War hero in an action which successfully resulted in the transfer of the domain name Cold War Museum to the Francis Gary Powers Museum For the Study of The Cold War. The Cold War Museum has a relationship with the Smithsonian Institution, is a Federally recognized charity, and is currently moving forward to establishing a permanent location on a former nuclear missile silo outside of Washington, D.C. Copyright. Our motion for summary judgment was granted by the District Court and affirmed by the Ninth Circuit Court of Appeals, setting a precedent on the issue publication without notice of copyright. Bagdadi v. Nazar, et al, 84 F.3d 1194 (9th Cir. 1996). We have represented numerous designers, manufacturers, importers, and retailers of various merchandise, including jewelry pins, watches, children’s action figures. We represent a music composer of the score of a Broadway musical in an action for copyright. Trade dress. We have represented restaurants in claims involving trade dress of their facilities, menus, and way of doing business. Patent. Thorough our association with counsel in Virginia (within three miles of the U.S. Patent and Trademark Office) we are able to offer patent searches, clearing, applications and prosecution. We are experienced in assisting employees work through the maze of federal and state laws and administration of their rights. This field is full of ways for an employee to lose a justified or good case, because of legal pitfalls and complexities, not fundamental justice. In California, an employee has a limited length of time to make an application to the California FEHA. If the application is late, or is not filled out correctly, a person may forever lose their rights to compensation. An employer has many important obligations to its employees. We are particularly interested in those cases where an employer is involved in wrongful or illegal practices towards its customers. We will bring a whistleblower case. The State of California has important laws available to protect workers. We use the Fair Employment and Housing Act ("FEHA") to obtain lost earnings and compensation for wrongful treatment, and attorneys fees. We represent underpaid employees on wage and hour claims. Employees who work over 40 hours per week are entitled to overtime. Many employers refuse to pay this overtime and others force off-the-clock work. We obtain back wages and earnings for employees. Some examples of past successes: We have represented an individual who alleged to have suffered discrimination because of his physical disability, the result of a tragic childhood illness. The recovery was in excess of $350,000 with full worker’s compensation and health benefits. Employment Rights FAQS My boss says he has to fire me because I am pregnant and can’t do the work. Is he right? No. You can’t legally be fired because you are pregnant. You can’t lose your job because of it. We can help protect your job and family at the same time. My boss keeps asking me out. I don’t want to date him, but now he has transferred my hours to the night shift, and won’t change them back unless I go out with him. But I still have a job. Is there any help for me? You don’t have to actually be fired for their to be a wrong. Depending on the circumstances, you may have already been a victim of sexual harassment. Your damages may be substantial, depending on the type of conduct, and whether others also suffered. We conduct investigations into wrongdoing, including interviewing witnesses and other workers. I have a disability, but I can do the work. My supervisor keeps changing my job duties, so I can’t do everything. What can I do? We can help, by making it clear to your employer that you must be treated fairly, and with dignity. If your employer continues to refuse to follow the law, we will take aggressive action to obtain compensation and punitive damages for these wrongs. My employer fired me, saying the economy is bad, but I was the only African American let go. I found out that they hired two new people for my position the next week. Is this legal? No, but this requires more investigation. Because of our experience, we know the defenses that an employer will come up with. We investigate your situation, ask the right questions, get the right documents, and then advise you if you have a strong case or not. We are experienced in the recovery of investments lost by stockbrokers and financial institutions. We represent a group of more than investors who have lost in excess of $3,000,000 by the negligent actions of one individual. We have represented an investor in regard to his loss of more than $4,000,000 in his trading account. Your broker put in into technology stocks in 1999 (or later). Did you lose 50% or more of your retirement account? We can help you recover your investment. Contingent fees available in many cases. Flat “ste” fees available, to best serve our clients. Cases reviewed by licensed stock broker and professional expert witness. We have people “in-house” to provide opinions and advice to us, about the possibilities of recovering your investment. We are able to quickly analyze your investments, your priorities, and the suitability of your investments. We can then advise you whether we can help, and we can get to work on it, quickly and aggressively. Broker wrongdoing includes brokers who failed to follow your investment guidelines, placing you into high-risk stocks and funds, when you sought only conservative or conservative growth stocks and funds. Brokers who failed to take into account the tremendous increase in stocks during the 1990s and continued to place people heavily into stocks. Brokers who pushed products based on past rates of return, without discussing or disclosing the downside, and potential strategies for dealing with that downside. Brokers who put their own interests ahead of the customer’s, in situations such as selling tax advantaged funds to people already in their tax advantaged retirement accounts, choosing products with higher commission rates, and failing to provide any regular supervision of the customer’s investments. Stock Broker Wrongdoing FAQS Can I recover because my account went down, and my broker said he believed the recommenced stocks would go up? Generally not. We proceed against brokers who have failed in their job to advise you of suitable investment options, and who fail to provide you with suitable investments. We do not attempt to hold broker’s liable as guarantors of your investment performance. There is risk to any investment; that is why there is a premium paid in the rate of return, making it an investment. We work for people who were done wrong by their broker’s failing to appropriately consider their investment priorities, and who have failed to appropriately follow those priorities. My stock broker never returned my calls as my retirement fund went down and down. Now they say I might have to go back to work. A broker has a duty to stay in reasonable contact with a customer. A broker has a duty to advise and manage an account consistent with the customer’s instructions, and with the customer’s suitable investment needs. We can assert your damages against the broker and the brokerage company which failed to supervise the broker’s work. I told my stock broker that I didn’t want to lose money, even if I made only a little. They said they would watch my account carefully. They did not. What can I do? The broker’s failure to reasonably monitor your account and investments is a breach of their duty. However, the brokerage house will always defend the case saying you were aware of what was going on, because you received statements, and you did not complain. It is important for us to have a full understanding of all the facts of your relationship with your broker, so we can advise you about the strength of your claim and of the likely defenses. I told my broker I wanted to retire within five years of when I transferred my account to him. He advised me to put everything in the market. I lost most of it, and now he says that I should keep what I have. But I don’t have time for it to go up again. Once you contact us, we can review the entire situation for you. We can then advise you if we believe there is a good chance that we can obtain a recovery for you. What does this cost? Most stock work can be done on a contingency fee, where you only pay a portion of whatever we recover for you. If we do not prevail, you do not owe any attorneys’ fees. Costs are separate from fees and we will detail for you the expected costs. We also have hourly rates available. We work with people who have business disputes arising out of partnerships, corporations, and Limited Liability Companies (LLCs). This litigation is important and of high value. These circumstances vary a great deal but usually involve partners who are not being truthful or fair to each other. Partners owe each other a fiduciary duty, the highest duty of good faith and fair dealing. Partners cannot take opportunities for themselves that belong to the partnership. Partners, of course, cannot lie about the books, or self-deal, or do anything to harm the other. We represent people and their businesses in court on a variety of civil matters. For criminal matters, we work with respected and aggressive criminal defense specialists. |
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We
have extensive experience with a variety of substantial personal injury
cases. We have received numerous settlements and verdicts in favor of
our clients. Many of our settlements are for the full policy limits
available to our clients. We handle consumer cases and class actions.
We
are aggressive litigators in trademark and copyright matters. We can
also help you protect your rights in trademarks and copyrights. We can
handle filing and pursuing your applications with the government. We
can handle aggressively preventing others from abusing the rights we
have helped you protect.
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