Articles Posted in Personal Injury

shutterstock_1796069254-300x300Being involved in a vehicle accident can leave you shaken up and disoriented. However, you will want to remain calm and try to incorporate certain activities to your “to-do” list after you’ve been involved in a collision. Read on to learn what steps to take after a car accident.

Requirements in Case of Injury or Death 

If you are involved in an accident where anyone was injured or killed, you should do the following:

downloadSilence is golden. Or at least it probably should be when it comes to social media and personal injury claims. It may start out innocently. You were involved in a serious car accident and suffered severe injuries. You make some social media posts because your friends and family are worried about you, and you want to ease their concerns. Social media is increasingly becoming more of our mode of communication. However, relying so much on social media can cause harm to your personal injury claim if you aren’t careful because much of the information obtained is fair game. As soon as you were involved in your accident or event, you want to make sure that you don’t jeopardize your upcoming case or current one.

Confidentiality

You shouldn’t talk about your potential claim or your case and certainly should not disclose certain details with anyone except an attorney. With your lawyer, the things that you talk about are confidential, and protected under the attorney client privilege. However, you lose that privilege the moment that you post something online; it is now public information. The general public, including the other side, can now be privy to the following:

https://www.consumerattorneyblog.com/wp-content/uploads/sites/132/2022/05/Screen-Shot-2022-05-04-at-3.22.47-PM-300x196.pngLaw is hard to navigate when you need the Legal System to help right the wrongs against you. The goal of any personal injury and wrongful death case is to get fairly compensated following your accident. As one of the top San Diego and Riverside County personal injury law firms, we are dedicated to getting results for our clients. Whether it is through a settlement or taking your case to trial, both have advantages and disadvantages.

Pros and Cons of a Personal Injury Settlement

Roughly 95% of all Personal Injury cases settle prior to trial. Some of the benefits of settling your case include:

https://www.consumerattorneyblog.com/wp-content/uploads/sites/132/2020/09/20.08.25-300x197.jpgSitting in gridlocked or being stop-and-go on freeways for hours is never a Southern Californian’s idea of fun; people try to avoid it whenever possible. For motorcyclists, that often includes moving between vehicles and splitting lanes. However, the practice often results in accidents, leading to injuries and/or fatalities. In fact, more than 400 motorcyclists lost their lives on California streets in the span of just a year according to the Governors Highway Safety Program. Motorists who strike a lane-splitting rider often argue the motorcyclist’s behavior was negligent and they, in fact, caused the collision; however, it’s not always the motorcyclist’s fault. A skilled Southern California personal injury attorney can often make the case the rider was not the cause of the collision.

Lane-Splitting Defined

Lane-splitting involves a motorcyclist riding between vehicles in different rows of traffic using their same lane. No state besides California specifically allows it. Proponents argue lane-splitting benefits riders in many ways, such as:

The Importance of Video Footage of your California Car Accident

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Although car accidents happen every day, we still don’t expect to be in one. When it does happen to you, your first thought immediately after is your safety.

After that, there is interest in reconstructing the accident and the recall of those involved. You probably have pictures that you’ve taken after the accident, but on-scene authorities, including the police and paramedics, may ask for your version of the events that led up to the accident. However, there are usually better alternatives: With cameras present on highways and used for local businesses, video footage could be a great resource for revealing what happened. Getting access to footage immediately after the accident can show who the negligent party is. But there is urgency because these digital records must be acquired before they are gone forever.

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If you go onto an individual or company’s property and become injured on that property, you may be able to hold that property holder liable for your accident. Under the theory of premise liability, if the owner of the property doesn’t maintain the premises effectively, a visitor can collect damages for their injury.

Elements of a Premise Liability Case

All property owners in California owe a duty to visitors to keep them safe from harm by keeping up their property. The owners or occupiers of the property must take reasonable measures to help ensure safety. However, the extent of this duty may depend on different circumstances.  

1-300x222If your child has been injured and you have agreed to settle a claim on his or her behalf, you are not done yet – even if you have a signed settlement agreement in hand.  You are only able to obtain the settlement funds for your child after jumping through a few hoops.

Minor’s compromise, often referred to as “minor’s comp,” is the procedure by which a parent or guardian (most likely through an attorney) provides details of a child’s settlement to the court for approval.  This court approval is required for every settlement involving a child’s claim, even if no lawsuit has been filed.  (There are some exceptions if the settlement is under $5,000.)  The judge, in a sense, acts as the child’s advocate in examining the settlement terms to ensure it is a fair compromise for the child since, by agreeing to settle, the child is giving up the right to file a lawsuit down the road.  (Children have until they turn 20 years old to file a personal injury lawsuit; the two-year statute of limitations does not start running until they turn 18).

The details of the child’s claim and settlement are examined at a hearing.  Although this procedure sounds relatively straightforward, the paperwork required to support a minor’s compromise can be a bit daunting.

shutterstock_264466154-300x200When you’re thinking of pursuing a personal injury lawsuit, you want to know what to expect. Obviously, you wish to have the positive result of being compensated for the injuries that you’ve suffered from due to the wrongdoer’s actions. Although all cases are different based on the specific set of circumstances and details, there are certain commonalties and certain phases that will occur for any personal injury suit.

Medical Treatment

The first step to take after any accident or incident is to seek out medical attention. Although you may not feel anything at the time, it’s a good idea to check with a physician just in case because many conditions may develop later. You will want to have a medical record for further documentation to establish your case.

shutterstock_11485384341-300x200Many people are reluctant to hire a lawyer because they don’t think they can pay for legal fees out of pocket. Obviously, lawyers operate businesses and are paid for the work that they do. However, in personal injury cases, attorneys often don’t require payments from their clients at the onset. Instead they offer their services on a “contingency fee” basis.

The contingency fee arrangement allows an individual who has suffered a personal injury a way to hold those responsible accountable and to get the compensation that they deserve even if they can’t afford an attorney outright. This way they can seek out justice without the expense of a hefty monthly attorney bill that most other types of clients receive.

What is a Contingency Fee?

shutterstock_616951802-300x200Consider the following scenario: You trip and fall at the grocery store, which results in a broken leg. You want to get compensated for your health care costs and lost wages. You realize that you would want to consult with a personal injury attorney to assist you with a claim against the supermarket. But in this same situation, you receive medical care from a doctor who uses an incorrect surgical device which makes your injured leg require an additional surgery. While you’re in the hospital, you acquire an infection with the end result being an amputation of your leg. Suddenly, it occurs to you that you might need another type of attorney for your claim against the surgeon. You ask around and realize that you want someone who specializes in medical malpractice. Read on to understand the difference between personal injury and medical malpractice.

Personal Injury vs. Medical Malpractice

By being exposed to solicitations and legal advertising, many people realize that when someone experiences a physical or emotional injury due to another party’s fault, then they could pursue a claim under personal injury law and would seek this type of attorney. However, if that injury is the direct result of a medical professional like a physician, then you would consult with a medical malpractice attorney. Medical malpractice is a legal specialty under the umbrella of “personal injury law.” Thus, all malpractice lawyers are personal injury lawyers, but not all personal injury lawyers are malpractice lawyers.

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