If you have been in a car, motorcycle, train, bus, bicycle accident, it can be a very traumatic event. In a major collision, your body goes into shock mode. You may think you are okay only to wake up the next morning with excruciating pain to your body. Some people will do nothing hoping that the pain will just go away and resort to home remedy.
After a short period of time of being in pain and discomfort, you will find out that your home remedies are not working. In the Event you are injured in an accident you should seek immediate medical attention.
My office will make sure that you receive the best medical care possible.
Some people think they can save money by dealing with the other parties’ insurance company directly. This is a mistake. An Insurance company is not in the business of giving away money. You will not be fairly compensated for your injuries.
I have had some people call me and state they are in serious pain from an accident they had six months prior. They settled with the insurance company and signed a release. It is with great regret and displeasure that I have to inform them that their case is over, absent of some form of fraud or misrepresentation by the insurance company.
Statute of Limitations
There is a time limit to bring a civil suit in California. For car accidents and most injury cases, the limitation period is two (2) years from the date of accident; however, the statute of limitation is different for a minor. The limitations period is different when an incident involves a municipal or governmental agency. You should contact an attorney IMMEDIATELY if a governmental entity is involved.
DO’S AND DON’Ts
At the scene of the accident
DO – Call the police – some police agencies will not respond if you advise them you are not injured;
DO – If you are not seriously injured – make sure to move your vehicle off to the side of the road to avoid being struck by a vehicle and blocking traffic;
DO – Exchange information; get the name, address, phone number and driver’s license number of the other parties if possible, their insurance information and the year, make and license plate number of their vehicle;
DO – Take pictures – a picture is worth a thousand words in proving who was at fault and DO NOT ADMIT FAULT
After the accident
DO – seek medical attention immediately if you are hurt. If you do not have health insurance or a primary care doctor, DO call my Office so I can provide you with a list of doctors that will help you at no initial cost to you. They would be paid once your case was resolved.
DO – take photos of your vehicle and keep track of everything that takes place after the accident, i.e., medical treatment; how you feel; etc.
DON’T – Give a recorded statement to the other parties’ insurance company;
SLIP/FALL – PREMISES LIABILITY
Some people believe that if you fall in a grocery store, the store is always automatically liable. A scenario that often arises is one falling
on a piece of fruit or vegetable that was on the floor. The store is only liable for your injuries if they had either actual or constructive
notice of the items on the floor. Remember to always report the fall immediately to the store manager and have him take an incident report before you leave.
DOG BITES (other animal attacks)
If you have been bitten or attacked by a dog, it is important to locate and get the name, address and phone number of the dog’s owner. Most homeowner’s insurance policies cover dog bite or dog attack injuries that occur on or off the homeowner’s premises. Some insurance companies exclude certain types of dogs, i.e., Pit Bulls, German Sheppard, and Rottweilers. In California, the homeowner is automatically liable and they must pay; however, you will need to verify if there is insurance coverage.
WORK PLACE ACCIDENTS
Although, my office does not handle Worker’s Compensation cases, a situation may arise where a subcontractor from another company was negligent and caused your injury or you were driving a company car during business hours and were struck by a negligent driver. If you are not sure whether you have a third-party liability case when you are injured on the job, call my office for a free consultation.
When a contractor performs faulty work that results in injury to you as a result of their work, they are liable for your injuries. This can include electrical shock caused by a negligent electrician, roof collapse from faulty construction, injury caused by a defect in the building of a pool, i.e., person jumped into pool striking his head on the bottom. Contractor represented it was 10 feet in depth when it was only 7.5 feet deep.
High speed train accidents are very frequent and generally involve negligence by the train engineer, i.e., excessive speed in a particular area or the crossing gates failed, resulting in injury or death caused when it strikes a vehicle on the tracks.
There are many different entities that operate buses. There are school buses and public buses. Both of these entities are governmental. One must keep in mind that the statute of limitations involving governmental entities requires a shorter period in which to file a claim and lawsuit. If you are injured on a bus belonging to a governmental entity, you should contact an attorney immediately.
Private Buses: This includes tour buses and group buses for a particular event or place. Many groups meet at a particular location in Orange County, Riverside,
Los Angeles or San Bernardino counties and the bus may have a destination to Las Vegas or Laughlin, Nevada or it may take you to a concert, etc.
In most cases, operator error is to blame for bus accidents. Occasionally, the accident may have been caused by equipment error, failed brakes or tire blow out. The result of which could lead to serious injury to a passenger.
Wrongful death is a claim by an heir or heirs for the loss of a loved one caused by the negligence of another.
Death can be caused by a negligent operator of a vehicle, elder abuse, medical-malpractice, slip and fall, train or bus accident, negligent contractor or animal attack.
If you have a lost a loved one or known of someone who has suffered a loss, please contact my office for a free consultation.