|Personal Injury Claims|
Experienced Northern California, San Francisco Bay Area personal injury trial attorney whose personal injury claim practice emphasizes substantial wrongful death and calamitous personal injury litigation arising out of automobile, bicycle and motorcycle accidents, slip and fall, defective products, toxic torts, faulty condition of a premises, medical and legal malpractice and general negligence. He is one of very few personal injury attorneys dually qualified to practice law both as an attorney in the United States and as a barrister in Britain. Mr. Carrow conducts his personal injury law practice from attorney offices in San Francisco & San Rafael, California, and from barristers chambers in London. Californian trial lawyer, British barrister. A substantial part of Mr. Carrow's personal injury & wrongful death practice consists of referrals from foreign and domestic lawyers, whose continuing involvement he encourages.
Robert D. Carrow, an experienced and well recognized Northern California litigator, divides his practice between San Francisco and San Rafael, California, where he maintains offices as an attorney, and London, where he practices from chambers as an English barrister. As noted above, Mr. Carrow is one of very few attorneys dually licensed to practice before the courts of both jurisdictions.
His practice includes litigation of substantial personal injury claims and wrongful death cases. These categories typically involve vehicular accidents; medical malpractice; defective products or faulty condition of a premises. Space does not permit a complete listing of all of the circumstances which could result in a finding of liability. The essential element of most "tort" actions of this sort is negligence, the definition of which varies, to a certain degree, from state to state.
The law of negligence is founded on reasonable conduct or reasonable care under all the circumstances of a particular case and rests on the duty of every person to exercise due care in his or her conduct toward others from which injury may result. Negligence is chiefly characterized by inadvertence, thoughtlessness, inattention, and the like, while "wantonness" and "recklessness" is characterized by willfulness. Under the laws of most of the United States, the latter justifies award of punitive or exemplary damages in certain circumstances, in addition to general damages (e.g., pain & suffering & other non-economic loss) and/or special damages (i.e., "out of pocket" loss, such as medical expense, loss of wage, property damage, and the like) which are discussed below.
Punitive or exemplary damages may be recovered by the victim or the victim's heirs when the conduct that caused the injury or death was accompanied by oppression, fraud or malice such that the trier of fact (judge or jury) could find the wrongful act despicable. Punitive and exemplary damages are not intended to compensate the victim for the victim's loss but, instead, seek to punish the wrongdoer ("punitive") or to set an example in the community that certain wrongful acts will not be tolerated ("exemplary"). To have the desired effect, the punitive or exemplary damages must have a meaningful impact on the wrongdoer. Consequently, the more wealthy the wrongdoer, the greater the amount of punitive or exemplary damages assessed. A one-million dollar award against General Motors might have less impact than a $1,000 award might have on a person or entity of lesser means. In a word, punitive or exemplary damages must "hurt" to be effective.
Since the involved injury or death cannot be undone, the United States system of law provides money damages as redress for those who are wrongfully injured or the heirs of persons wrongfully killed. Money damages that are generally sought for accident victims include money for lost earnings and impairment of earning capacity; past and future medical expense; past and future physical and mental pain and suffering, which includes pain, suffering, emotional distress, psychogenic injury, and emotional and mental anguish; loss of mental and intellectual functioning; loss of inheritance; loss of chance; disfigurement; aggravation of a pre-existing condition; impaired enjoyment of life which may involve inconvenience in carrying out day to day activities, such as eating, dressing and moving about, inability or lessened ability to provide society, companionship and comfort to spouse and/or child, interference with the ability to engage in recreational and sports activities which the victim enjoyed prior to the accident, interference in hobbies which the victim previously enjoyed and the loss of sense of hearing, taste, sight or smell; susceptibility to future harm or injury; shortened life expectancy; loss of services of a minor child, and prejudgment and post judgment interest.
In addition, depending upon the law of the forum, compensation in certain instances may be awarded for loss of consortium suffered by the victim or the victim's spouse. Loss of consortium, which to an extent may be included in the above-mentioned items of damage, includes the claimant spouse's loss of conjugal love, comfort, society, solace, companionship, affection and sexual relations, as well as loss of moral support, and the value of the inconvenience to which the spouse is put by virtue of, for example, the need to dispense medicine, to encourage eating, and the like.
Recognizing the ever expanding cost of civil litigation, including personal injury, wrongful death and other tort claims, Mr. Carrow has been increasingly active in the Alternative Dispute Resolution ("ADR") process as it applies to such claims. His ADR efforts have included negotiation, mediation and arbitration. In addition to his experience as an advocate involved in the ADR process, Mr. Carrow has acted as a private mediator, arbitrator and as a settlement conference and trial pro tempore judge of the Superior Court of California, the equivalent of the English High Court, i.e., the highest trial court in California.
Mr. Carrow's expertise, and his qualification to attend to the matters discussed above is evidenced by the fact that he has maintained Martindale-Hubbell's highest rating (AV) since 1979. Approximately eleven percent of the United States bar is honored with an AV rating. He is also listed in The Bar Register of Preeminent Lawyers, published by Martindale-Hubbell, which consists of approximately three percent of the practicing bar.
References, a listing of representative clients who have allowed use of their names, and the facts surrounding certain of the more interesting personal injury, wrongful death and other tort matters with which Mr. Carrow has been involved are available upon request of prospective clients.