If you've been injured by an uninsured motorist, it can be a challenging situation, but there are steps you can take to protect your interests and seek compensation. Here are some general guidelines, but keep in mind that the specifics can vary depending on your location and the laws in your jurisdiction. It's always advisable to consult with an attorney who specializes in personal injury cases in your area for advice tailored to your situation.
Rollover car accidents can occur due to a combination of factors, including vehicle design, road conditions, and driver behavior. Some of the key factors that contribute to rollover accidents include:
School yard injuries are common and children can get hurt. However, there are times when the school may be responsible or partly responsible for the student's injuries. Here are some common school yard injuries and how schools can keep their students safe.
Presenting a personal injury claim effectively is crucial for maximizing your chances of receiving fair compensation. Here are some general strategies that may be useful when presenting a personal injury claim in California:
Here are the top ten common questions and answers that people often have about personal injury cases:
Q: What is a personal injury case?
A: A personal injury case arises when a person suffers some kind of injury or harm due to the negligence or wrongful actions of another party. The injury can be to a person's body or to their personal property. Most lawyers focus on the injury portion of the case. Therefore, if you have no injury to your body from the accident, most lawyers will not get involved.
Q: How do I know if I have a personal injury case?
A: To determine if you have a personal injury case, you generally need to show that someone else's negligence or intentional actions caused your injuries and resulted in damages. Just because an accident occurred is not sufficient. The accident must have caused injury to you.
Q: What can I claim in a personal injury case?
A: In a personal injury case, you may be able to claim various damages, including medical bills (past and potential future medical bills), lost wages/earnings, pain and suffering, emotional distress, and property damage.
Q: Is there a time limit on filing a personal injury lawsuit?
A: Generally your first action will be to bring a "claim." If the claim cannot be resolved, then yoiu may have to consider filing a lawsuit. The time limit for filing a personal injury lawsuit (known as the statute of limitations) varies depending on your jurisdiction and the type of case. In California it's currently 2 years from the date of the accident. It's essential to consult with an attorney to understand the specific deadlines that apply to your situation. Remember that these time limits can change over the years.
Q: Should I hire an injury attorney?
A: While it's not required, hiring a personal injury attorney is often beneficial. They have expertise in navigating the legal process, negotiating with insurance companies, and advocating for your rights to seek fair compensation. At the very least, a personal injury lawyer may be able to offer you guidance and answer your questions (even if they cannot take your case).
Q: How is liability determined in a personal injury case?
A: Liability is determined by evaluating all the facts and the evidence involving the case. It involves assessing the negligent party's duty of care, their breach of that duty, and establishing a causal link between their actions and your injuries. These are the basic components of any negligence claim. First you must show the responsible party had a DUTY to refrain from negligence. Second, you must demonstrate the defendant BREACHED their duty. Then you must show that the breach CAUSED damage to you. The final component is DAMAGES (if you don't have damage, you don't have a negligence claim).
Q: Will my personal injury case go to trial?
A: Most injury cases are settled prior to filing a lawsuit. However, if a settlement cannot be reached, your case may proceed to trial, where a judge or jury will decide the outcome. Whether or not you should file a lawsuit depends on many factors and you shouldn't enter into that decision lightly.
Q: How long do personal injury cases take to resolve?
A: The duration of a personal injury case can vary significantly. Some cases settle quickly (within a few weeks or months), while others may take several more months or even years, depending on the complexity of the case and the willingness of the parties to achieve a resolution.
Q: How is the compensation determined?
A: The compensation amount depends on several factors including the severity of your injuries, the impact on your daily life, the extent of financial losses, and the available insurance coverage., whether or not you have any residual injury, and whether or not you may require any future medical care. An attorney can help assess the value of your case.
Q: What if I'm partially at fault for the accident?
A: If you share some fault for the accident, that can affect your recovery. In California, we use the notion of comparative fault - you may still be able to recover compensation, but the amount could be reduced based on your level of fault. For example, if your case is worth $100,000, then you might only be entitled to $50,000 if you were 50% at fault for the accident.
Remember, these questions and answers are general, and it's always recommended to consult with a qualified personal injury attorney to get specific advice based on your unique circumstances.
Cars catching fire after an accident is a relatively rare occurrence, but when it does happen, it's usually due to a combination of factors. Several elements can contribute to post-accident fires, and they are not necessarily limited to the location of the gas tank.
The answer is no. I can’t tell you how many times clients try to handle things on their own, and then end up yelling at the insurance adjuster in frustration. Then they call me as if I’m supposed to make everything OK. Now I am dealing with an irate insurance adjuster who is, at the end of the day, a human being like anyone else. If they are insulted or yelled at, they will likely dig their heels in the sand.
The best thing to do is not to make the matter personal. The insurance adjuster is only doing his or her job. Their job is to hoard money for the insurance company. They are not interested in your problems, and they do not share your concerns. They may seem very helpful (and many of them can indeed be helpful), but their interests are not the same as yours.
Yelling at the insurance will only infuriate them and cause them to be more difficult. I always ask clients, “Why are you yelling at the same person who may be writing you a check one day?“ To be honest, there have been times in my history where I lost my cool and ended up yelling at the insurance adjuster. I'm not proud of those times. Truth be told, it never ends well and doesn’t help move the case forward.
You can respectfully disagree and be civil the entire time. There is nothing to be gained by antagonism. Over the years, I have found that having a good relationship with the insurance adjuster (and the defense attorney as may be the case), is helpful to getting the case resolved.
I once had a client who had the same insurance company for 23 years. When he was involved in a serious car accident, the responsible party did not have enough insurance. Therefore, after exhausting the amount of insurance available from the responsible party, we turned to his "underinsured motorist" coverage for additional recovery. His insurance company nickeled and dimed us to death. He couldn’t believe how poorly his insurance company treated him. He was especially upset after how many years he demonstrated loyalty to this insurance company.
People sometimes assume the insurance company will reciprocate and demonstrate the same loyalty to their clients. The truth is, while some may do so, most insurance companies are not interested in that at all. In fact, some experts believe that insurance companies will charge you more if you are loyal to them, because they figure you are not likely to shop around. So while you think they might reward you for being loyal, the opposite is true. There are some insurance companies and some insurance professionals who will indeed take client loyalty into account.
However, I have found that insurance companies are increasingly deaf to loyalty. It doesn’t really matter to them anymore. All they care about is their bottom line. Therefore, it makes sense to shop your policy every couple of years. The auto insurance market is very competitive, and you may find that by shopping around, you might be able to save yourself a great deal of money. Just make sure you shop with stable companies that have a good reputation. Talk to an insurance broker who is not captive to a single company. There are also many free online tools that you can use to get competitive rates. Remember, insurance companies are increasingly using your loyalty against you by raising your premiums and not treating you fairly even though you’ve been loyal to them for years.
Collision avoidance technology (CAT) in automobiles is designed to help prevent or mitigate crashes by using various sensors, cameras, and algorithms. These systems are generally part of advanced driver assistance systems (ADAS) and can provide an extra layer of safety. Here's how collision avoidance technology helps save lives:
However, like any technology, collision avoidance systems are not infallible, and several challenges and potential issues exist:
If there's a failure in collision avoidance technology, drivers may experience one or more of the following:
To know if there's a failure, drivers should:
It's important to note that while collision avoidance technology can enhance safety, it's not a substitute for responsible driving. Drivers should always remain attentive, follow traffic laws, and be prepared to take control of the vehicle when necessary.
Inadvertent airbag deployment can cause personal injury to vehicle occupants due to the force and speed with which the airbag inflates. Airbags are designed to deploy rapidly in the event of a collision, providing a cushioning effect to help protect occupants from striking hard surfaces inside the vehicle. However, when airbags deploy unexpectedly or without a proper cause, it can lead to injuries for several reasons:
Several factors can contribute to inadvertent airbag deployment, including:
Manufacturers continuously work to improve the reliability and safety of airbag systems through rigorous testing and quality control measures. In cases where there are concerns about airbag deployment, it is crucial to follow up with the vehicle manufacturer or a qualified automotive professional to address the issue promptly and ensure the safety of the occupants. If you think your airbag inadvertently engaged/deployed and caused serious injury, you should also consult with a lawyer who is experienced with auto airbag defect cases.
by Robert Mansour
Robert Mansour is a personal injury lawyer serving Santa Clarita, Valencia,