What Is The Value Of Your Car Accident Settlement in the North Bay?

Many factors are at play in determining the value of a car accident bodily injury settlement amount.

Some of the factors are objective facts surrounding the accident and injury, while others are subjective based upon the perspective and interests of the involved parties.

Before diving into an analysis of settlement value, it is important to note that not all factors are always known and are almost certainly unknown early in the case.

Only after full discovery and only after a complete analysis by a licensed and highly experienced attorney can a true opinion on settlement be rendered by a lawyer for their client. Even then, calculating settlement value is speculative and based upon many shifting variables that may change during the course of the negotiation to arrive at the final settlement.

Remember, no one knows the future and both sides must find common ground to arrive at a settlement.  If the opposing party or their insurance carrier refuses to negotiate a fair settlement in good faith, no matter how experienced or savvy your attorney may be, your case will not settle.  At this point hard tactics litigation will be the only mechanism to force the other side to negotiate in good faith and offer a fair compensation package that covers, both the injured party’s economic and non-economic damages along with lost wages.

One common formula employs a multiplier  and your medical expenses to come up with an estimate of non-economic damages (money for your pain and suffering). Adding this figure to your economic losses (medical bills, property damage, and lost income) gives you a dollar amount from which to negotiate.

The following factors provide guidance on how to have a meaningful conversation with the firm providing representation to the injury victim.

Chicago Car Accidents and Insurance

Factors Determining Car Accident Settlement Amounts

Fault – Where fault, also known as liability, falls on the other party without dispute, settlement value will depend mostly on the nature and extent of the injuries suffered by the plaintiff. Where fault is not clear or likely to be split equally between the two parties to the lawsuit, value will depend on the severity of the injuries plus either an offset for comparative fault or a discount on the basis that liability could go against the plaintiff.

When considering a settlement, consider whether fault is clearly against the defendant to the insurance claim or legal action. If it is, move to the next factor. If liability is clear or partially against the plaintiff, talk to the lawyer about what kind of discount must be taken on the basis of risk of losing the case outright.

Nature and Extent of Sustained Injuries – Next consider the nature and extent of the bodily injury suffered as a result of the car accident. Severe injuries that are permanent in nature and that are not relieved by cheap and/ or conservative medical treatments are generally worth more money. Consider what body part was damaged and to what extent there is objective medical evidence of injury.

If the injury victim complains of severe pain in the neck but comes out with a clean MRI, that person must face the fact that the value of their case may not be as much as someone with an objective disc herniation or fractured vertebrae. So credibility surely affects the final settlement amount.

While neck strain/pain is worth something, the cost of medical care usually (not always) drives claim value in personal injury auto collision claims. Where the harm causes an objective need for surgery, that injury is considered to be more severe. The more objective finding and the more severe the subjective pain and suffering it causes, the greater the case value. If liability is clear and the nature and extent of injury are also severe, consider it a bigger case.  BUT BEWARE the amount of the ultimate settlement  can be reduced by what is known as pre-existing medical conditions that cause the same or closely similar symptoms or pain.

Defendant’s pocketbook and net worth –One must consider whether the party at fault or offending tortfeasor has adequate insurance coverage, money, assets or resources to cover the cost of the plaintiff’s injuries. If the defendant is poor or without insurance, there is no money to collect even if liability is clear and the extent of injuries are severe.

Suing is not worthwhile if the insurance policy is minimal, non-existent or the entity that caused the accident is without an insurance policy at all, already in bankruptcy proceedings or files for bankruptcy. Your attorney  should be able to investigate the insurance policy of the defendant party at fault prior to a settlement demand to discover exactly what type of recovery is possible despite liability and extent of the harm.

Subjective Factors – Sometimes a party fights a claim extra hard for reasons beyond the understanding of the opposing party. For example, some insurance carriers decide to litigate cases despite clear liability. This means the plaintiff is going to have to prove their case in the face of what is seen as obvious. This can happen for a variety of reasons.

Sometimes the insurance carrier has limited exposure and doesn’t mind exposing its insured to the risk of a jury awarded greater than the policy limit.

In California, this could open the insurance company up to paying an amount greater than their policy. In other circumstances, the lawyers for the insurance carrier have no incentive to settle early since they want to rack up larger legal bills before conclusion of the matter.

This overbilling by insurance carrier lawyers has the effect of driving up the cost of litigation since the injured plaintiff has to expend a great deal more money and time on his/ her case than  would have been the case had the insurance carrier acted in good faith from the onset.  The delay eventually adds more costs for expensive experts,  deposition transcripts, court costs, filing fees and other incidentals.

Car Wreck

Free Consultation with an Experienced Attorney

Fiumara & Milligan Law, PC offers free case consultations to victims involved in motor vehicle collisions and accidents of any kind.

Once you speak with one of our skilled personal injury attorneys, you will know that we mean business AND that we care to get you the RESULTS that you deserve!

Contact us today at 707-571-8600 OR 415-492-4507 and find out what 24 years of personal injury experience can do for you!  Also check out our recent personal injury results on our website together with what over 20 people have to say about our law firm on Google +.

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“The Right Attorney Makes All The Difference, ” has been our motto driving force since we opened our doors serving the public since 1992. 

Bicycle Accidents & The Steps To Take After One

Cyclists face a unique risk compared to other vehicles on the road. They are almost invisible to drivers of motor vehicles.  Most drivers are not used to sharing the road with bicycles. In fact, some think they belong on the sidewalk and not in their way.

Without the protection of 3,000 pounds of metal, seatbelts and air bags, cyclists face very serious injuries when they collide with a car or truck.

Why are bicycle accidents different?

Bicyclists are completely unprotected. There is no cabin, seatbelt restraint systems, front airbags, side airbags, bumpers, or headrests to protect you. So if you are struck while riding a bike, chances are you will suffer severe injuries. Bicyclists face greater risks of injury and death than occupants of motor vehicles.

santa rosa bicycle accident attorney

What to do after a bicycle accident

After a bicycle accident these are the steps you need to take:

  1. Call the police. In the off chance you are reading this immediately after an accident, call the police and wait for them to arrive. Be sure to report any injuries. Even minor injuries may later turn into major ones.
  2. Gather driver and witness information.
  3. As soon as possible after the accident, write everything down. What happened, how it happened, the weather, the traffic conditions, the road conditions, everything you can remember.
  4. As soon as possible, go see a doctor if you’re not taken to the Emergency Room via ambulance. See your primary care physician/family doctor.
  5. Preserve as much evidence as possible.
  6. Don’t talk to the insurance adjusters if they call you. It serves you no purpose, only theirs.
  7. Document your injuries, and your daily struggles with them. Be as specific as possible. If your shoulder hurts when brushing your teeth, then write it down. These will be very important later in your case.

Bicycle accident insurance claims

Hopefully the driver of the vehicle that hit you, is insured. But even if they were insured, it does not mean you will have an easy time filing and settling an insurance claim. The insurance companies are in business to make money. The best way for them to make money is to take premiums from their insureds, and to not pay out any money for claims. So they will try to pay you as little as possible.

How long does a bicycle accident case take?

A typical bicycle accident case in California can take a few months to several years. The answer isn’t easy. Simple cases where there are injuries which are treated quickly can be settled in a short amount of time.

The most important requirement is that the medical treatment be completed before settlement. You might not be 100% healed or recovered, but once you have reached a stable condition then settlement talks can begin.

If there are significant injuries, such as fractures, herniated discs, or other injuries requiring surgery, then the case may take longer. If the insurance companies are being unreasonable, expect much further delays–possibly a year or up to three years. A lawsuit will be filed, but settlement talks can still continue after the lawsuit has been filed.

santa rosa bike accident attorney

Maximizing the value of your bicycle accident case

If you are injured through someone else’s own careless acts, bad behavior or negligence, they owe you monetary compensation for those injuries. If it’s their fault and they caused the crash, you are entitled to monetary compensation if they caused you harm.

This is because they were “negligent.” They are responsible for any injuries they caused by their lack of ordinary care and skill.

Why you should talk to an attorney right away

Consultations are free. The longer you wait to see an attorney, the more risk you face in that the insurance carrier does not think you are serious and the value of your case declines.  If you do not ask the right questions, the insurance carrier sees you as an easy target and they assign a lower reserve to your case thus reducing the value of your case in the long run.

Since 1992, here at Fiumara & Milligan Law, PC we will advise you of your rights, help preserve evidence, ensure you are receiving the required medical treatment for your injuries on time, and hold the insurance carrier accountable for its insured’s negligence by getting you the highest and best negotiated settlement.

However, when settlement or negotiation is not enough, we will take your case to a jury trial to maximize your recovery.  The Consultation is free and you don’t pay anything until we win!

Why wait?

We have two convenient North Bay locations; one in Santa Rosa and the other in San Rafael, CA.

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Call us today at 707-571-8600 OR 415-492-4507 and find out how we will FIGHT For YOU!

The Aftermath of Car Accident Injuries in The North Bay of California

A driver education course can teach you how to drive defensively.

Your insurance company can tell you the things you need to do in the immediate aftermath of an accident with another vehicle.

But, if your best efforts to avoid an accident fail, after you have exchanged information with the other driver and contacted your insurer, what should you do next?

Sources of information and guidance can be harder to come by when you get to this point.

Unless you are already an experienced personal injury attorney, you will not likely know how to investigate an accident scene, or what questions to ask witnesses or what information to seek from them.

You may not be familiar with the possibility of how the other driver’s possible violation of traffic safety laws may have a bearing on proving negligence on his part, or if multiple other parties are involved in the crash how their respective degrees of liability may be established.

Dealing with insurers can also raise significant questions, and not just with regard to the other side’s insurance company. These questions can have a direct bearing on how to approach settlement negotiations and how to quantify the amount of money you seek as recompense for the damage to both your property and your person that are connected with the accident.

santa rosa personal injury attorney

Fortunately for you, Fiumara & Milligan Law, PC already have practical, hands-on experience with all of the issues above and many more that pertain to car accident cases.

We work closely with our clients to learn ALL the facts of what happened, the cause, and where necessary to call upon accident site re-constructionists or medical specialists to prepare the strongest possible negotiation package to get the highest settlement amount.  If settlement negotiations do not produce the results you need, we use the same thorough preparation to build a case for trial on the merits of your claim.

Personal injury cases arising from automobile accidents in the North Bay of California can be tedious and complex to negotiate with carriers whose first duty is to low ball you and give you the lowest possible offer.  But if our negotiations fail to produce the results you deserve then we will vigorously litigate your case so that you have the strongest possible legal advocacy working on your behalf.

santa rosa personal injury attorney

Contact us today at 707-571-8600 OR 415-492-4507 for a free case evaluation and find out what over 40 years of combined personal injury experience can do for you and the reason we have so many positive reviews on Google. Click Here to see just a fraction of our many great reviews from past clients.



You slipped on liquid on a grocery store floor, or you may have tripped on the curled edge of a store’s entrance mat. You were injured and want to know if you have a personal injury case.

The property owner is not automatically on the hook for your injuries just because you were injured on their property. The property owner is only legally responsible for your injuries if you can prove that they were negligent.

santa rosa slip and fall attorney


California Jury Instruction CACI No. 1003, “Unsafe Condition,” sets forth the law in premises liability cases involving an unsafe condition on property, such as liquid on the floor, a curled edge of a mat, etc. CACI No. 1003 states that to prove negligence, you must prove that:

  1. The condition on which you slipped or tripped created an unreasonable risk of harm;
  2. The property owner knew or, through the exercise of reasonable care, should have known about its existence and;
  3. The property owner failed to repair the condition, protect against harm from the condition, or give adequate warning or notice of the condition.


If You slipped on water in a grocery store aisle? You have no idea how the water got there, how long it had been there or allowed to accumulate.  You have no evidence that any store employee knew about the liquid on the floor, or any evidence to suggest that a store employee should have known about it. This is by far the most common slip and fall scenario we get calls about from potential clients. Verdict: no case, or worse a defense verdict!

It is possible and thus not a strong case for the plaintiff if a store customer walked down that aisle just moments before you did and spilled that water on the floor. It’s unreasonable to expect store employees to have spotted the spill before you happened upon the liquid and slipped.

Or let’s say you slip on water in the freezer section of the grocery store. Turns out the water was leaking from a broken refrigeration unit. The store knew the refrigeration unit was broken, had ordered replacement parts, but in the meantime had failed to put out any warning cones or signs. Verdict: The store would be at fault in this scenario because it knew about the dangerous condition and failed to give adequate warning/ notice.

santa rosa slip and fall attorney

If you were injured in a slip and fall or trip and fall anywhere in the North Bay on someone else’s property, you should contact Fiumara & Milligan Law, PC to discuss whether you have a case.

Call us for a free consultation at 707-571-8600 OR 415-492-4507.


Insurance Policy Limits For An Auto Accident Claim- Do I Need An Attorney?

If you suffer serious injuries in an auto accident which was the fault of another driver, that driver’s insurance company may offer you the policy limit, even if you don’t have an attorney representing you.

santa rosa injury attorney


Yes, you should consult with a personal injury attorney before settling for the other driver’s policy limit.

You should not take the adjuster’s word about the amount of the policy limit.

Before recommending that you accept the policy limit, an experienced personal injury attorney will do four things:

  1. Your attorney will demand a copy of the other driver’s insurance declarations page that was in effect on the date of the accident. It will state the amount of the other driver’s liability policy limit. The amount stated needs to match the amount being represented to you by the adjuster.
  2. Your attorney will also require the other driver sign a written statement under penalty of perjury which states that at the time of the accident, the driver was not driving the vehicle in the course and scope of employment and had no other insurance which may apply to the accident.
  3. Your attorney will discuss with you the option of hiring an investigator to conduct an asset check on the other driver. It is possible that an asset check will turn up property and assets well in excess of the policy limit, in which case your attorney may recommend against accepting the policy limit offer. Instead, your attorney may recommend that you only accept the insurance policy limit if the other driver kicks in some of his/her own money to increase the settlement. All of this depends upon your injuries and future medicals.
  4. Your attorney needs to make sure there are no other potentially at-fault parties to go after. This needs to be done before you sign the release because language in the release will typically state that you are releasing everyone, which would preclude you from later going after any other responsible party.


You should always consult with an attorney before signing ANY settlement release. Your attorney will protect your interests and make sure there’s no more money “on the table” to be had before you sign the release.

If you have suffered serious injuries in a car, truck, bicycle or any accident anywhere throughout the North Bay, call Fiumara & Milligan Law, PC at 707-571-8600 OR 415-492-4507.

We have been representing serious injury auto accident victims for 25 years and we know what it takes to WIN!


Amusement Park Season In Full Swing In California

Most kids who see the signs and flyers for upcoming State and County fairs, carnivals, and amusement park specials get excited. Parents, on the other hand, begin to worry.

Most parents may not even know that the Ferris wheel, roller coaster, Tilt-a-Wheel, and Gravitron were thrown up in one day, on a wet, soft grassy area by unskilled labor or worse! Not only are these rides in carnivals and fairs quickly assembled, but often-times they are operated by non-professionals, kids, temporary workers, or seasonal workers that are not at all familiar with any of the safety issues or potential dangers these rides can cause.

Although amusement parks, usually have a more professional run operation sometimes the same problems of safety training and inexperienced workers make it possible for an otherwise “safe” ride to become dangerous.

Have you ever wondered who is liable if you get injured while riding a roller coaster or any other ride at an amusement park?

We’ve all seen the dramatic footage of unfortunate thrill seekers hanging suspended from a malfunctioning roller coaster, precariously dangling and hoping for a quick repair. Many times, the damage to the park visitor is simply more thrills than he or she bargained for, but sometimes physical injuries occur too. Anything from exhaustion, dehydration (baking in the sun for hours without water), mental anguish and fear to spinal cord injuries.

On average, about 5-7 amusement park accidents occur every year in California. That figure may be much lower because of glitches in reporting and the non-conformity of reporting. WE think the number is much higher.

Sometimes even being stuck for hours in an awkward position while waiting for the ride to be fixed is enough to cause soft tissue injuries such as neck and back strain and other physical injuries, some permanent.

Unfortunately there have even been cases where freak accidents have resulted in passenger deaths. So allow our experienced team of personal injury attorneys to evaluate your case on a free and confidential basis.

Some people may think that riding a “thrill ride” means that they assume some risk of injury and that perhaps the amusement park is absolved of liability, or fault. However, the courts in California have not found that to be the case.

In fact, they hold the amusement parks to a high standard of care with regard to roller coasters and other rides.

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California courts have held that a rider should not face any more risk on a roller coaster than they would when riding an elevator or regional or public bus. Roller coasters have been found to fall under the category of “common carrier”, which is when a party accepts money to transport a person. Such transportation falls under common carrier liability and the degree of care is much higher than that held to an average person.

This means that riding a roller coaster and other rides in an amusement park is pretty safe and non-threatening as long as the rider is healthy. Cal-OSHA inspects amusement park rides in California once per year. However, as a quick search of YouTube will show you, accidents still can happen.

If you or someone you love has been injured in an accident in an amusement park in Northern California, call us today at 707-571-8600 OR 415-492-4507 for a free and confidential case evaluation.


We are here for you, always just a phone call away.

For more information regarding Amusement Park Accidents, please visit our dedicated webpage here

Traumatic Brain Injuries-We Can Help

California Traumatic Brain Injury Lawyers

Traumatic Brain Injury (TBI) is an umbrella term used to describe a number of different injuries to the brain with a wide range of consequences.

For example, injuries to some regions of the brain can impact personality; injuries to other lobes of the brain can affect motor function and mobility, sometimes leaving a victim unable to care for Traumatic Brain Injury him or herself. In addition, a person with a brain injury may have lowered impulse control and may be unable to make decisions, manage money or safely return to work.

At the Fiumara Law Firm in San Rafael, California and Santa Rosa, California we provide skilled legal representation for people who have suffered brain injuries.

How Can We Help?

Traumatic brain injuries can be devastating to victims and their families as they struggle to lead ordinary lives in the face of extreme pain, cognitive impairment, partial or full physical disability and overwhelming financial loss.

As our most vital organ, the brain is highly susceptible to damage as a result of physical trauma. Injured people often do not recognize how their lives have been impacted. Because brain injuries leave victims particularly vulnerable, it is especially important to work with an experienced attorney when you are considering one of these claims.

The attorneys at Fiumara & Milligan Law, PC will thoroughly investigate the circumstances of your injury and diligently prepare your case.

When the brain is injured in an accident, common and fundamental functions may be affected partially or permanently and maintaining normalcy and an acceptable quality of life is greatly diminished.

Knowing your rights and seeking the expertise of a personal injury attorney well versed in handling traumatic brain injury cases is essential.

Allow North Bay Personal Injury Attorney Michael A. Fiumara and his skilled legal team of very experienced attorneys and experts to assist you in recovering full compensation for damages suffered.

We Work With the Best Experts

Our commitment to quality representation has led us to seek out the very best expert witnesses available to help show the extent and impact of your traumatic brain injury. The neuropsychologists, neurologists, cognitive therapists, rehabilitation physicians and psychologists we work with are leaders in their fields, coming from some of the most prominent health care organizations and institutions in the country.

In addition to expert witnesses, we also effectively use family members, friends and coworkers (both past and present) to help jurors understand how our clients’ lives have changed. People who are intimately familiar with the victim both before and after the injury are powerful witnesses, able to convey even the most subtle of personality changes to the judge and jury.

santa rosa brain injury attorney


Damages suffered in a traumatic brain injury accident can be extensive and may result in severe cognitive impairment, physical disability,  economic or compensatory damages including future loss of income.

Whether you are faced with ongoing medical expenses, loss of wages due to injury or loss of employment, Fiumara & Milligan Law, PC will support you in achieving full compensation. Our main goal is to assist you in recovering compensation that exceeds your Personal Injury Protection Insurance (PIP) for damages including excessive medical bills, lost wages, property damage and pain and suffering.


A traumatic brain injury may result in severe cognitive impairment and potentially permanent physical disabilities. Injuries affecting the brain are most often divided into two separate categories recognized as either diffuse or focal lesions. Diffuse lesions are identified as the presence of bleeding or bruising within the skull as a result of a forceful collision between brain and skull interior.

These particular lesions are often the result of automobile accidents. Focal lesions are life threatening medical conditions that may be caused by a forceful blow to the head resulting in internal hemorrhaging, causing cerebral contusions and hematomas. Both diffuse and focal lesions are extremely serious traumatic brain injuries that should be treated immediately.

In clinical terms, they may be recognized as:

-A Fractured Skull
-Diffuse Axonal Injuries
-An Intracerebral Hemorrhage
-A Subdural Hematoma
-An Epidural Hematoma

santa rosa brain injury lawyer


At Fiumara & Milligan Law, PC our expert team of personal injury attorneys will support you with your claim using a thorough scientific analysis and investigation to bring the appropriate legal action against an insurance carrier or responsible defendant or party.

Whether you are dealing with an uninsured defendant or an insurance company seeking to limit your total payout for damages, it is our commitment to obtain the maximum compensation on your behalf.

To achieve success with your case, it is important to fully understand the circumstances and factors that led to your traumatic brain injury which may have been caused by one or more of the factors below:

-Manufacturer Liability
-Wrongful Death
-Malicious Intent


A traumatic brain injury can have far reaching future adverse effects on your health and quality of life, severely impacting your family and loved ones as well as yourself. Such injuries may leave victims suffering long-term and potentially permanent disabilities as well as significant financial burdens.

If you or someone you love has been a victim of a traumatic brain injury accident, contact our expert attorneys at Fiumara & Milligan Law, PC for a free and confidential legal consultation. WE would be happy to travel to your home or the hospital or rehabilitation facility where you might find yourself with such injuries.


Personal injury accidents are time sensitive and we are ready to assist you in establishing your claim today.

The consultation is always free and you pay nothing until we WIN for you!

Please call us at 707-571-8600 OR 415-492-4507 for a confidential evaluation of you case day or night.

We ‘FIGHT for you’ and your family during this difficult time!

“The Right Attorney Makes ALL the Difference.”

How Long Do You Have To File An Injury Claim In California

When you are in an auto accident, you might feel as if you are being pulled in so many different directions. You are worried about your own injuries and how they will affect your personal life and your ability to hold down a job. You might also be worried about any of your loved ones who may have also been injured in the accident. Finally, your car has probably sustained some serious damage, and it might be awhile before you have the money to either fix it or purchase a new one.

What you do need to be keenly aware of, out of all these issues, is the matter of statutes of limitations. After you are involved in your accident, you have a set amount of time during which you need to get your claim filed. These limitations can change how you and your insurance claims are handled. If you file a claim past the deadline, you will not be able to file a case or a claim with your insurance.

If you have a personal injury claim resulting from an accident, then you have two years to file a lawsuit with regards to auto insurance. If you have property damage to your vehicle or personal property, then you have three years for which to file a lawsuit.

Wrongful death claims that stem from auto accidents also have statutes of limitations which prevent people from filing lawsuits outside the allotted time period.

Adults generally have two years in which to bring their claim against the insurance company who insured the wrongdoer or the negligent party. However the story is different for minors, or anyone under the age of 18 in the state of California. Minors have two years from the date that they reach majority or age 18 or until they are 20 years old.

Another example is if a 12 year old girl is injured in a car accident by a negligent party at fault she would not be expected nor would her parent or guardian be expected to bring her lawsuit by the age of 14 or two years later. Instead the injured 12 year old female plaintiff is given two years from the time that she attains or reaches the age of 18 years of age or in this case she must file her personal Injury claim by age 20.

If a public or governmental entity is the negligent party at fault then the statute of limitation or time-frame for which you have to file your claim is much shorter and is usually 6 months from the time of the accident injury or wrongful death.

WE would be happy to further guide you when you come into our offices and meet with our team of experienced and professional Personal injury attorneys who have over 40 years of combined legal experience in personal injury law.

santa rosa car accident attorney

The times following an auto accident are stressful, but if you want to bring a solid case before a jury within the statute of limitations, there are some things you can do to better prepare yourself for what is next:

• Research insurance: In some cases, your insurance company and the other person’s insurance may cover your property damage and injuries. Before filing anything, check with these entities to find out if filing a suit is needed to procure compensation. If it is, keep reading.
• Gather evidence: The more evidence you have of the degree of negligence of the party at fault, the stronger your case becomes and the better. Start by getting a copy of the police report and contacting any witnesses to get their statements. You should also have taken pictures and gathered other pieces of evidence to strengthen your case.
• Announce intent to file: If you are serious about your claim, you should notify the person you’re planning to sue. It’s important to know that this does not mean that you have to file. You can change your mind.
• Decide to hire a lawyer: An attorney will help you every step of the way through the filing process and will be by your side throughout the ordeal. Once you hire your lawyer, he or she will be ready to move you onto the next step, and you will file the lawsuit.

If you’ve been injured in an auto accident, don’t wait too long before you file a suit. Though you may have other issues on your mind, you don’t want to wait before it’s too late.

If you need help, you can call us at Fiumara & Milligan Law, PC at 707-571-8600 OR 415-492-4507 for a free, no obligation consultation.

We Will FIGHT For YOU! 

Premises Liability Lawsuit in California?

Premises liability is an area of the law that addresses a property owner’s responsibility to maintain a reasonably safe environment for their visitors.

While most people assume that this duty of care only applies to business owners or the managers of public property, but it is important to note that residential home owners are not exempt from liability.

That being said, premises liability cases can stem from a wide variety of incidents.

Unless the victim can prove that their injuries were caused by the property owner’s negligence or carelessness, however, they would not be entitled to compensation.

For this reason, it is highly recommended that you discuss your case with a personal injury attorney if you have been seriously injured on someone else’s property.

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At Fiumara & Milligan Law, PC we have expertly handled and have represented clients for the following premises liability cases:

Dog bites & animal attacks

Swimming pool accidents/ drownings

Slip and fall accidents/ Injuries

Inadequate / negligent security/ lighting              

Toxic and mold exposure cases

Sexual assault cases/ molestation cases

Building code violations resulting in deck and balcony collapses

Trip and fall accidents

Commercial property defects

Elevator / escalator accidents/ injuries

Parking lot accidents

Amusement ride accidents

Power Line Falls and Fires

Workplace injuries / accidents

Construction injuries/ accidents

Nursing home accidents/ injuries

Think you have a case?

If so, you should not hesitate to schedule a free initial consultation with the dedicated legal team at our firm. Not only can we offer more than two decades of experience in the field of personal injury law, but we have even been able to secure multiple million dollar settlements and jury verdicts and insurance settlements on behalf of past clients.

For this reason, you can trust that Fiumara & Milligan Law, PC will provide you with the skilled legal representation that you deserve.

In fact, in 2014, our law firm secured the LARGEST PREMISES LIABILITY VERDICT IN ALL OF CALIFORNIA AT $5.2 MILLION DOLLARS, according to Verdict Search. 


We FIGHT to the end and NEVER get pushed around by the insurance companies.

All you have to do is contact our office today at 707-571-8600 OR 415-492-4507 to get started.

“The Right Attorney Makes All The Difference” 

For more information regarding Premesis Liability, please click here

Boating Accidents On The Way Up In California

One of the many things that adds to the overall beauty and desirability of California is its vast waterways, both in terms of fresh and salt water.

These lakes, rivers and the Pacific Ocean are all places where people converge throughout the year to enjoy what the water has to offer. Overall, millions of people head out together in boats
and in other vessels every year. Unfortunately, the popularity of the water is one of the reasons that boating accidents occur at such a high rate.

Below you will find a brief overview of the statistics regarding California boating accidents in terms of the number of crashes that occur, the number of injuries that result from these crashes and the number of fatalities that are caused by these incidents. Anyone who has been harmed or who has lost a loved one in a boating accident should seek the help of experienced North Bay personal injury lawyers as soon as possible.

California Boating Accident Statistics

When one reviews the number of California boating accidents
that occur on an annual basis, it becomes clear that this is a serious
problem that persists despite the encouraging drop in these crashes that
have occurred in recent years.

Every year, more than 600 California boating accidents occur somewhere in the state. These crashes lead to approximately 300 serious injuries and to 50 fatalities. Therefore, nearly one person is seriously injured every day in California boating accidents and nearly one person every week is killed. The majority of the deaths that occur are due to drowning.

santa rosa boating accident attorney

Legal Rights and Options After a California Boating Accident

In some ways, the legal aftermaths of boating accidents are similar to the aftermaths of car accidents.

Basically, if a boater is negligent or reckless when behind the wheel of a vessel and that person causes a crash, he or she could be found liable for damages after a California personal injury lawsuit.

Examples of damages that can be pursued and recovered include recoveries for medical costs, lost income, pain and suffering, emotional distress and other forms of damages depending on the circumstances of a particular crash.

Of the many ways that someone can be injured or killed while on the water, just a few of the most common are listed below.

  • Accidents related to the boat capsizing
  • Injuries or mishaps due to falling overboard the vessel
  • Boating fires or explosions
  • Collisions between two ships or boats
  • Injury caused from the negligent operation of a boat including driving a boat under the influence of alcohol or drugs

And some of the common injuries that may be sustained from a boat accident are:

• Traumatic brain injury, anoxic brain injury, concussion
• Spinal, thoracic, lumbar, cervical injury
• Sprain, fracture, broken bone
• Internal, soft tissue, burn injury

How Fiumara & Milligan Law, PC Can Help

Unfortunately, the recoveries described above can be difficult to obtain for someone who has been injured in a California boating accident when that person attempts to obtain justice without legal help. That’s largely because these accidents occur suddenly and the events surrounding the crashes can be so chaotic that they seem to be nothing but a blur when someone who was involved in it attempts to recall the details.

Fortunately, people in this position can obtain justice if they obtain the proper type of legal help and hire experienced counsel, as we say, “the Right Attorney Makes All the Difference.”

If you or someone you love has been harmed in this manner, you need to seek the help of personal injury lawyers who have been fighting for the rights of clients for many years.


Contact Fiumara & Milligan Law, PC today for your free case evaluation at:

707-571-8600 OR 415-492-4507. Our two central and conveniently located offices in Santa Rosa (Sonoma County) and Santa Rafael (Marin County).


“The Right Attorney Makes All the Difference.”