Personal Injury Law
How Soon After Filing A Claim Will An Insurance Claims Adjuster Be In Touch With Me?
There are two different claims adjusters you will probably be dealing with. If you have liability insurance (e.g., car insurance), you will initially deal with your own insurance claims adjuster. Those claims adjusters tend to be more responsive because they are providing a service that you are paying for; you are a customer, and there is a contract and rules and regulations that require them to work with you to resolve that claim. The insurance contract requires you to notify your insurance provider immediately when you are involved in a motor vehicle collision…Read more
Does The Insurance Company Have The Right To Have Private Investigators Follow Me?
Yes, they have the right to have you followed. The insurance company usually employs investigators to follow you later in the case after taking your deposition. You have already answered written discovery questions indicating things you can and cannot do. For instance, you may say, “I can’t stand for more than 30 minutes,” or “I can’t climb a flight of stairs,” or “I can’t play with my kids.” As the case moves toward trial, they have investigators going out there to capture video of you doing those things that you said you couldn’t do…Read more
What Are The Common Causes Of Commercial Vehicle Accidents In California?
The common causes go back to negligence. In most cases, the truck driver has needlessly endangered other people by not following either the California Vehicle Code or the federal rules regarding trucking. Maybe it was a lack of sleep because they’ve been on the road for too many hours consecutively, meaning they didn’t get the required rest break. When somebody is tired, the error rate in driving is almost as high as when somebody has been drinking…Read more
If I Was Hit By A Truck Owned By A Company Located Outside Of California, Will It Complicate My Claim?
I wouldn’t say that makes your claim more complicated; it just means you will be operating under different rules and possibly a court in a different location from where you live. Just because the trucking company is located outside of California doesn’t automatically mean you can’t sue it in state court, but it does mean that you may be filing in federal court. That doesn’t change a great deal about the liability aspect, but it does change some of the procedural rules under which you will pursue the case…Read more
I Was Injured In A Car Wreck, What Steps Should Take?
If you are injured in a car wreck, first step, call 911. If you’re injured get appropriate medical attention. If you’re severely injured, wait for the ambulance to take you to the hospital. Even if you believe that you are not injured, call 911. The police will arrive at the scene and make a report of the collision. If capable, you should take photos of the scene and collect information, such as the other party’s driver’s license and insurance information. If you’re able, speak to any witnesses and get their name and telephone number…Read more
How Much Is My Car Accident Claim Worth?
The worth of a car accident claim is fact-dependent. The short answer is that your case is worth whatever it’s going to take to make you whole. That’s the entire point of the civil litigation system – to make you whole again. As such, it varies in every single case and for every single person. I think the most important factor is to help the client get as close to being 100% physically, mentally, and financially whole again. That means fixing what can be fixed, helping what can be helped, and being compensated for what can’t be fixed or helped…Read more
What Is The Legal Standard Under The Premises Liability Law? How Does It Relate To Slip And Fall Or Trip And Fall Injury Cases In California?
When it comes to slip-and-fall cases in California, you have to prove a couple of elements that are required under the premises liability law. First, you have to prove that there was a dangerous condition that caused the slip and fall or trip and fall. Once you’re able to prove that a dangerous issue or condition existed, you have to prove that the property or premises owner had actual or constructive knowledge of the dangerous condition. For instance, if somebody has a giant pothole in their sidewalk leading up to their front door, and they fail to fix it, that’s a dangerous condition that they have knowledge of and could therefore potentially be held liable…Read more
Does It Change Or Impact A Slip And Fall Injury Case In California If I Was Injured On Personal Property Versus A Place Of Business?
The liability question is primarily the same if someone slips and falls on personal property versus a place of business. However, there are some differences. For instance, if you slip and fall at a house where there’s a puddle of water on the kitchen floor because a child spilled a glass of water, that is something that you wouldn’t expect on a kitchen floor. Whereas, if you’re at the food court in a mall where they have beverage dispensing machines, the premises owner will be held to a higher standard. At a mall, people spill drinks on the floor all the time. Therefore, it is expected that the floor is kept clean and safe. A mall or store owner might be required to have a rubber mat or floor in the area or be expected to inspect the area. By contrast, a homeowner isn’t required to have a rubber matt or floor in their kitchen…Read more
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