What you do after an accident may affect your case

2/25/2024

After being in an accident, you may be unsure of how to proceed. However, what you do after an accident may affect your ability to bring a claim. That is why it's important to involve legal professionals who can help you through the maze of insurance company processes and potentially help you obtain fair compensation for your injury. If you don't handle things correctly, your claim can easily lose steam, fall apart, or fail to come together entirely. This website focuses on victims of accidents in the Santa Clarita, CA area. Accident injuries fall under the larger umbrella of "personal injury law" and having someone give you straight facts can be invaluable to your case. So before you do anything, it's usually a good idea to get some legal advice.

You may be wondering:

How should I get medical care?
Should I hire a lawyer?
How should I deal with the insurance companies?
Should I give a recorded statement?
What kind of compensation can I get?
Do I have a case worth pursuing?
Who is going to fix my car?
What about lost earnings?

It's wise to consult with an experienced attorney.

Some people are reluctant to involve a lawyer at the outset - they figure they will handle things on their own and later involve a lawyer "if it is necessary." However, this is like calling a doctor during your surgery, after you've already done too much damage. That doesn't mean every case needs a lawyer. However, if you are involved in an accident and you've been injured, you are usually better off getting advice from the beginning. That doesn't mean you have to hire the lawyer. You can just get advice.

Talk to someone who can guide you.

If you've had a serious injury from a car accident in Santa Clarita or surrounding communities, it is imperative to talk to someone who knows how the process works. Would you go rafting down the Colorado River without an experienced guide? Of course not. You would take a guide with you....someone who's been down the river before and knows where all the twists and turns are. The same holds true for bringing a claim against the responsible party as the result of a serious car accident injury. An experienced attorney can help you make good decisions about your injury case (and whether bringing a claim is even a good idea). While this certainly doesn't guarantee any sort of outcome, having a guide with you is often better than leaving things to chance.

You don't necessarily need a lawyer!

Having worked as a defense lawyer for an insurance company, Robert brings a unique and realistic approach to his analysis of your case. In many cases, bringing a claim is not the best thing to do. By the same token, Robert will advise you if bringing a claim has some merit and what you might expect. Also, Robert will advise you if handling your case without a lawyer is advisable. You don't always need a lawyer when it comes to personal injury cases. In fact, this website has some helpful videos and articles regarding handling your own case.

During the process, he will consult with you at all the significant phases of your case. Robert will never file a lawsuit or take any significant action on your matter unless you are involved in the decision. Ultimately, the direction of your case is under your control, but Robert will help you by guiding you through the pros and cons. For example, there are economic dangers to bringing a claim that most late night personal injury commercials won't tell you about. They only promise you "$2.1 million" and it's easy to be lured into thinking there are no potential downsides to filing an accident claim.

Understanding your options.

Robert will help you weigh all your options and will advise you of all the potential downsides (and upsides of course). Having worked for the insurance companies, Robert knows how they will try to poke holes in your injury case. Together, Robert will work with you as you make your way down this "river" and help you manage the twists and turns of your personal injury claim. Your focus should be on getting better and seeking medical attention...not on the insurance adjuster and what he/she is asking of you.

Therefore, if you are involved in a serious car accident and you suffer injuries due to the negligence of another driver, please contact Robert Mansour for a free consultation regarding your case. Robert serves Santa Clarita, Valencia, Saugus, Newhall, Stevenson Ranch, Castaic, Canyon Country and surrounding communities. If you want a friendly advocate who will explain things to you in a patient, understanding, manner, call Robert today at (661) 414-7100.

How do I present a bodily injury claim?

2/21/2024

When you file an injury claim with an insurance company there are key steps to keep in mind;

1. Notification: Make sure to inform either your insurance provider or the responsible party's insurer about the harm you've suffered.

2. Documentation: It's important to provide the paperwork to the insurance adjuster to back up your claim. This can include records, invoices, receipts for any costs related to your injury and other relevant documents.

3. Investigation: The insurance company will conduct an investigation into your claim, which might involve reviewing files consulting with healthcare professionals and assessing how the injury occurred.

4. Evaluation: Based on their findings from the investigation the insurance adjuster will assess your claim. Determine compensation.

In terms of what you should give to the insurance adjuster for your bodily injury claim be sure to gather and submit;

Medical Records: documentation from healthcare providers outlining your injuries treatments undergone and expected recovery.

Invoices and Receipts: Breakdowns of expenses incurred for care, medications, therapy sessions and any other healthcare related costs. Remember to hold onto receipts for things, like transportation to appointments or supplies needed for home care.

Regarding documentation for lost wages: If your injury led to you missing work you should have proof from your employer confirming the days you missed. The income loss incurred.

Visual evidence in the form of photographs or videos showing your injuries the accident scene or any property damage can be beneficial in supporting your claim.

Having statements from witnesses who witnessed the accident or can vouch for your injuries can add strength to your claim.

Deciding whether to hire a lawyer for your personal injury claim depends on factors, such as the seriousness of your injuries the complexity of the case and how comfortable you are with handling the claims process.

A skilled personal injury attorney can offer advice and negotiate with the insurance company on your behalf and ensure that your rights are upheld. If you're uncertain about needing representation, seeking advice from a lawyer for an evaluation of your situation is advisable.

When reviewing an offer from the insurance company for your personal injury claim consider these points.

Make sure that medical expenses are adequately covered in the offer, including both future treatment costs.

The compensation for lost wages should accurately reflect the income lost due, to the injury. Considering the pain and suffering; Assess if the compensation adequately covers the discomfort emotional strain and disruption caused by the injury.

Future requirements: If your injury necessitates care or has lasting repercussions evaluate if the offer includes provisions, for medical treatment and other associated costs.

Comparative assessment: Look into cases and settlements to gauge if the offer aligns with what's typical given the nature of your injury.

Seeking guidance: If you're unsure, about the adequacy of the offer it's advisable to consult with an injury attorney who can review the offer and provide advice on next steps.

In essence carefully examining the offer in light of your circumstances and seeking counsel when necessary can assist in determining whether the insurance company's proposal is just and reasonable.

Slip and Fall Injuries at Supermarkets

2/18/2024

Slip and fall injury supermarket cases can happen for a variety of reasons. Here are some of the most common reasons people slip and fall at supermarkets:

Spills: Spills of liquids, such as water, oil, or food items, on the floor can create slippery surfaces that increase the risk of slipping.
Wet or Mopped Floors: Wet or recently mopped floors, particularly in areas such as entrances, aisles, or restrooms, can pose slip hazards if proper warning signs are not displayed.
Debris or Obstacles: Debris, packaging materials, or other obstacles left in aisles or walkways can cause individuals to trip and fall.
Uneven Surfaces: Uneven or damaged flooring, including cracks, potholes, or torn carpets, can create trip hazards for customers navigating the supermarket.
Weather Conditions: Rainwater or snow tracked into the store from outside can create slippery conditions near entrances and exits.
Inadequate Lighting: Poor lighting in certain areas of the supermarket can make it difficult for customers to see potential hazards on the floor.
Improper Footwear: Wearing inappropriate footwear, such as shoes with worn-out soles or high heels, can increase the risk of slipping and falling.

Some of the most common injuries that happen if someone slips and falls at a supermarket include:

Fractures and Broken Bones: Slip and fall accidents can result in fractures or broken bones, particularly in the wrists, arms, ankles, and hips.
Head Injuries: Falls can cause head injuries, including concussions, skull fractures, and traumatic brain injuries, especially if the individual strikes their head on a hard surface.
Soft Tissue Injuries: Soft tissue injuries, such as sprains, strains, and contusions, can occur due to the impact of the fall.
Back and Spinal Cord Injuries: Falls can lead to back injuries, including spinal cord injuries, herniated discs, or compression fractures of the vertebrae.
Bruises and Abrasions: Slip and fall accidents can result in bruises, abrasions, and lacerations on various parts of the body due to contact with the floor or nearby objects.

The duty of the supermarket when it comes to customer safety includes:

Maintaining Safe Premises: Supermarkets have a duty to maintain their premises in a reasonably safe condition for customers and to identify and correct hazardous conditions promptly.
Regular Inspections: Supermarkets should conduct regular inspections of their premises to identify potential hazards, such as spills, debris, or uneven flooring, and take appropriate measures to address them.
Warning Signs: If hazards cannot be immediately corrected, supermarkets should provide warning signs or barriers to alert customers to potential dangers, such as wet floors or areas under repair.
Clean-up Procedures: Supermarkets should have policies and procedures in place for promptly cleaning up spills and addressing other hazards to prevent slip and fall accidents.
Training Staff: Supermarket staff should receive training on safety protocols, including proper clean-up procedures, monitoring for hazards, and responding to customer incidents.

If someone slips and falls at a supermarket, they should take the following steps:

Seek Medical Attention: Seek medical attention immediately for any injuries sustained in the fall, even if they seem minor at first.
Report the Incident: Report the slip and fall incident to the supermarket management or staff as soon as possible. Ask to fill out an incident report and request a copy for your records.
Document the Scene: Take photographs of the area where the slip and fall occurred, including any hazards or conditions that contributed to the accident. Also, gather contact information from any witnesses present.
Preserve Evidence: If possible, preserve any evidence related to the incident, such as the shoes worn at the time of the fall or clothing with visible damage.
Follow-up: Follow up with the supermarket management to ensure that a proper investigation is conducted, and corrective measures are taken to prevent similar incidents in the future.
Consult with an Attorney: If you sustained injuries in a slip and fall accident at a supermarket, consider consulting with a personal injury attorney experienced in premises liability cases. An attorney can help you understand your rights, assess your potential claims, and pursue compensation for your injuries and damages.

Brain Injuries from Car Accidents

2/15/2024

Brain injuries resulting from car accidents can vary widely in severity and type, depending on the nature of the accident and the specific impact to the head. Brain injury cases can be very challenging. Some common types of brain injuries that can occur from car accidents include:

Concussion: A concussion is a mild traumatic brain injury caused by a sudden jolt or blow to the head, leading to temporary disruption of normal brain function. Symptoms may include headaches, dizziness, confusion, memory problems, and sensitivity to light and noise.
Traumatic Brain Injury (TBI): TBIs range from mild to severe and occur when there is a sudden trauma to the head causing damage to brain tissue. TBIs can result in a wide range of physical, cognitive, and emotional symptoms, depending on the severity of the injury.
Diffuse Axonal Injury (DAI): DAI is a severe form of TBI characterized by widespread damage to the brain's white matter fibers, often caused by rapid acceleration or deceleration forces in car accidents. DAI can result in coma, persistent vegetative state, or severe neurological impairment.
Contusion: A contusion is a bruise on the brain caused by direct impact to the head. Contusions can cause localized brain damage and may require surgical intervention in severe cases.
Hematoma: A hematoma is a collection of blood outside the blood vessels, which can occur in the brain following a car accident. Hematomas can exert pressure on surrounding brain tissue, leading to neurological symptoms and potentially life-threatening complications.

Closed head injuries and penetrating head injuries are two broad categories of head injuries that can occur from car accidents:

Closed Head Injury: A closed head injury occurs when the skull remains intact, but the brain sustains damage due to impact or rapid acceleration/deceleration forces. Closed head injuries can include concussions, contusions, TBIs, and diffuse axonal injuries.
Penetrating Head Injury: A penetrating head injury occurs when an object penetrates the skull and enters the brain tissue. Penetrating head injuries are less common in car accidents but can occur if the accident involves objects such as shattered glass or projectiles.

Diagnostic tests for accident-related brain injuries may include:

Computed Tomography (CT) Scan: CT scans are often used in the emergency setting to assess for acute brain injuries such as hemorrhage, contusions, or skull fractures.
Magnetic Resonance Imaging (MRI): MRI scans provide detailed images of the brain and can detect subtle changes in brain structure and function, making them useful for diagnosing traumatic brain injuries and assessing long-term effects.
Neuropsychological Testing: Neuropsychological testing assesses cognitive function, memory, attention, and other aspects of brain function to evaluate the impact of brain injuries on cognitive abilities and behavior.
Electroencephalogram (EEG): EEG measures electrical activity in the brain and can be used to assess for seizure activity or abnormalities in brain function.
Neurological Examination: A comprehensive neurological examination by a healthcare provider can assess motor function, sensation, reflexes, and other neurological signs indicative of brain injury.

Common treatments for brain injury cases from car accidents may include:

Medical Management: Depending on the severity of the brain injury, medical management may include monitoring in the intensive care unit, medication to reduce swelling or prevent seizures, and management of other complications such as infections or respiratory issues.
Rehabilitation Therapy: Rehabilitation therapy, including physical therapy, occupational therapy, speech therapy, and cognitive rehabilitation, is often necessary to help individuals recover and regain function after a brain injury.
Surgery: In cases of severe brain injuries with intracranial bleeding, hematomas, or skull fractures, surgical intervention may be necessary to relieve pressure on the brain, repair damaged blood vessels, or remove debris from the brain tissue.
Psychological Support: Brain injuries can have significant psychological and emotional effects on individuals and their families. Psychological support, counseling, and support groups can help individuals cope with the emotional impact of brain injuries and adjust to life changes.
Long-Term Care: Some individuals with severe brain injuries may require long-term care and support, including assistance with activities of daily living, specialized medical care, and supervision to ensure safety and well-being.

It's important for individuals who have sustained brain injuries in car accidents to receive prompt medical evaluation and appropriate treatment to optimize outcomes and facilitate recovery. Additionally, ongoing monitoring and follow-up care are often necessary to address long-term effects and provide support for individuals and their families coping with the consequences of brain injuries.

Sidewalk Injury Cases

2/7/2024

In California, the responsibility for maintaining sidewalks and addressing defects can vary depending on local ordinances and regulations. Generally, municipalities or local government entities are responsible for maintaining public sidewalks. However, liability for sidewalk injuries caused by defects such as cracks, uneven surfaces, or other hazards can be complex and may involve various factors. In some cases, the adjacent landowner may be responsible or partially responsible.

If a municipality is responsible for maintaining the sidewalk where an injury occurs, bringing a claim against the municipality typically involves the following steps:

Notice Requirement: Many municipalities have specific procedures and notice requirements for filing claims against them for injuries caused by sidewalk defects. These requirements often include notifying the municipality within a certain timeframe (e.g., within a few months) after the injury occurs. The notice requirement differs from the standard "statute of limitations" so you have to act quickly.
Investigation and Documentation: Gather evidence to support your claim, including photographs of the sidewalk defect, witness statements, medical records documenting injuries, and any other relevant documentation.
File a Claim: Submit a formal claim to the municipality according to their specified procedures. This typically involves completing a claim form provided by the municipality and submitting it along with any required documentation.
Evaluation and Response: The municipality will typically investigate the claim and evaluate its merits. They may accept the claim and offer a settlement, deny the claim, or negotiate a settlement with the claimant.
Litigation (if necessary): If the municipality denies the claim or fails to offer a satisfactory settlement, the claimant may choose to file a lawsuit against the municipality to pursue compensation for their injuries and damages.

Regarding damages that someone may be entitled to in a sidewalk injury claim against a municipality in California, potential damages may include:

Medical Expenses: Compensation for medical treatment related to the injuries suffered on the defective sidewalk, including hospital bills, surgery costs, medication expenses, physical therapy, and ongoing medical care.
Lost Wages: Reimbursement for income lost due to the injuries, including wages missed during recovery, as well as any loss of earning capacity if the injuries result in long-term or permanent disability.
Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the injuries and their impact on the claimant's life.
Property Damage: Reimbursement for any property damage resulting from the accident, such as damage to clothing or personal belongings.
Disability or Disfigurement: Compensation for permanent disabilities or disfigurement resulting from the injuries, including any necessary modifications to the claimant's home or lifestyle.
Loss of Consortium: Compensation for the impact of the injuries on the claimant's relationship with their spouse or family members.

It's important to note that each case is unique, and the specific damages recoverable in a sidewalk injury claim against a municipality in California may vary based on the circumstances of the accident and the nature of the injuries. Consulting with a knowledgeable personal injury attorney can help individuals understand their rights, navigate the claims process, and pursue fair compensation for their damages.

Should I hire a personal injury lawyer to help me?

2/4/2024

Deciding whether to hire a personal injury attorney for your car accident case depends on several factors. Here are some considerations to help you make an informed decision:

Extent of Injuries:
- If you sustained minor injuries and the other party is clearly at fault, you may be able to handle the case on your own through insurance claims.
- If you have severe injuries or long-term consequences, it's generally advisable to consult with an attorney. They can help ensure you receive fair compensation for medical expenses, future medical needs, lost wages, and pain and suffering.
Complexity of the Case:
- Cases involving multiple parties, unclear liability, or disputes over the extent of injuries can be complex. An attorney can navigate these complexities and build a strong case on your behalf.
Insurance Company Challenges:
- Insurance companies may try to minimize payouts, delay claims, or deny responsibility. An attorney can negotiate with the insurance company on your behalf and help protect your rights.
Legal Knowledge and Experience:
- If you're not familiar with personal injury law, hiring an attorney can be beneficial. They understand the legal process, statutes of limitations, and how to gather evidence to build a compelling case.
Settlement Negotiation Skills:
- Attorneys have experience negotiating with insurance companies and can often secure higher settlements than individuals negotiating on their own.
Litigation Possibility:
- If your case goes to court, having a lawyer by your side can be of tremendous value. They can represent you, file necessary legal documents, and navigate the court system. Consider the attorney like your river guide. If you were going white water rafting, wouldn't you want an experience guide in the boat with you?

As for statistics, studies have shown that individuals who hire personal injury attorneys generally receive higher compensation than those who handle cases on their own. However, it's essential to note that every case is unique, and outcomes can vary based on the specific circumstances.

A study by the Insurance Research Council (IRC) found that, on average, individuals who hired attorneys for their personal injury cases received settlements that were more than three times higher than those who did not hire attorneys. However, these statistics don't necessarily imply that hiring an attorney guarantees a better outcome, as individual case factors play a significant role.

Ultimately, it's recommended to consult with a personal injury attorney for a case evaluation. Many attorneys offer free consultations, allowing you to discuss the details of your case and receive guidance on whether hiring an attorney is the right choice for you.

Dog Bite Cases

2/3/2024

In California, the laws regarding dog bite cases are primarily governed by Civil Code section 3342, commonly known as the "dog bite statute." According to this statute:

Strict Liability: In most dog bite cases, California follows a strict liability rule. This means that dog owners are held strictly liable for injuries caused by their dogs biting someone, regardless of the dog's past behavior or the owner's knowledge of viciousness.
Statutory Elements: To establish liability under the statute, the injured person must prove the following elements:
- The defendant is the owner of the dog.
- The plaintiff was bitten by the dog.
- The plaintiff was in a public place or lawfully in a private place when the bite occurred.
Defenses: Defenses to a dog bite claim in California include provocation by the plaintiff, trespassing, and comparative negligence (where the plaintiff's own negligence contributed to the incident).
One Bite Rule: Additionally, in rare circumstances, California follows the "one bite rule" for cases not covered by the dog bite statute. Under this rule, a dog owner may be liable for injuries caused by their dog if they had knowledge of the dog's dangerous propensities (i.e., a prior bite or aggressive behavior).

To bring a successful dog bite injury case in California, the following steps are generally recommended:

Seek Medical Attention: The injured person should seek medical attention immediately to address their injuries.
Document Evidence: It's important to gather evidence, including photographs of the injuries, witness statements, and any information about the dog and its owner.
Report the Incident: Report the dog bite to the appropriate authorities, such as animal control or the police, to document the incident.
Consult with an Attorney: It's advisable to consult with a personal injury attorney experienced in dog bite cases. An attorney can provide guidance on the legal process, assess the strength of the case, and advocate for the injured person's rights.
File a Lawsuit (if Necessary): If a fair settlement cannot be reached with the dog owner's insurance company, the injured person may need to file a lawsuit to pursue compensation for their injuries and damages.
Attend Legal Proceedings: If the case goes to court, the injured person will need to participate in legal proceedings, including depositions, hearings, and possibly a trial.

By following these steps and working with an experienced attorney, an injured person can increase their chances of bringing a successful dog bite injury case in California.

Law Office of Robert Mansour
Santa Clarita Personal Injury Blog

What you do after an accident may affect your case

How do I present a bodily injury claim?

Slip and Fall Injuries at Supermarkets

Brain Injuries from Car Accidents

Sidewalk Injury Cases

Should I hire a personal injury lawyer to help me?

Dog Bite Cases

Attorney Robert Mansour

Categories

Archives

Law Office of Robert MansourSanta Clarita Personal Injury Blog

What you do after an accident may affect your case

How do I present a bodily injury claim?

Slip and Fall Injuries at Supermarkets

Brain Injuries from Car Accidents

Sidewalk Injury Cases

Should I hire a personal injury lawyer to help me?

Dog Bite Cases

Attorney Robert Mansour

Categories

Archives

Law Office of Robert Mansour
Santa Clarita Personal Injury Blog