The state of California is pure comparative negligence state. What does that mean, and how may it affect your personal injury settlement?
What Is Pure Comparative Negligence?
Pure comparative negligence refers to the assigning of a percentage of fault to each party in a case of injury such as a car accident. This means that the at-fault party will not be responsible for 100% of your expenses and losses (unless they are deemed to be 100% responsible for the accident, which is possible).
Let’s consider an example. Imagine you are struck in an intersection by a driver who runs a red light. It seems pretty cut and dry who is at fault. But what if you were speeding? The courts may determine that the other driver is only 75% responsible because if you were driving slower, you might not have been in the intersection when the infraction occurred. This could result in a lower settlement because the other driver is only on the hook for 75% of your medical bills, lost wages, pain and suffering, vehicle damages, and the like.
Helping You Navigate Your Personal Injury Case in Southern California
The personal injury attorneys at Petrov Law Firm can help you to maximize your settlement, especially if you have a basis for claiming the accident or injury was 100% the fault of the other party. Let us help you negotiate the best possible settlement by calling 619-344-0360 today.Read More
If you have been injured in the state of California, you may be due certain forms of compensation. For example, you may be able to recover medical bills that incurred due to the injury. You may even be able to get compensation for lost wages, pain and suffering, and to cover other damages.
But you have to act promptly. Why? California has statute of limitations laws that protect the offending party if you allow too much time to pass between the injury and the claim. Here are a few things you need to know.
Statute of Limitations by Claim Type
The type of claim dictates how quickly you have to build your case. Here are three examples:
- When a government agency is involved – If you have a claim against a government agency (you have a slip and fall accident in a government building, for example), you only have 6 months to make your claim.
- Personal injury – If you were in a car accident or suffered a personal injury in another way, you get two full years to make a claim. However, you still need to start building your case right from day one by seeking medical attention and then finding a lawyer to represent you.
- Property damage – Property damage claims have a three-year statute of limitations.
Filing Your Personal Injury Claim in Southern California
If you have suffered a personal injury in the state of California, now is the time to act. Petrov Law Firm has personal injury attorneys that service Southern California from our San Diego and Chula Vista locations. To learn more, call us today at 619-344-0360.Read More
Writing up a will is not the first thing on the mind of most people in their 20s. After all, you are probably in good health, and it is unlikely that you have amassed a major fortune that early in life unless it was left to you by the previous generation. So what is the point of estate planning in your 20s? Here are three reasons you want your affairs in place:
- Accidents happen – A car accident or some other fatal accident can affect anyone at any time. Having an estate plan in place is a kindness for surviving family members who will be bereft enough by the tragic and premature loss of such a young loved one.
- Medical decisions – A living will allows you to make medical decisions in advance. If you become incapacitated due to an accident, injury, or illness, you can make medical decisions in advance including appointing someone who can make choices for you.
- Keep the peace – This is a unique opportunity to have your funeral arrangements set out the way you would want them to be handled. Whether you want a burial or cremation, the family doesn’t have to wonder or fight over what you may have said to various family members or friends at one time or another.
Estate Planning Is for Everyone
At Petrov Law Firm, we believe that estate planning is important for everyone. So if you are a resident of Southern California, speak to one of our estate planning attorneys by calling 619-344-0360 today. We can help you to prepare for your future.Read More
Estate planning is about being as prepared for the future as you possibly can be. With that in mind, we’re going to tell you about three of the mistakes people commonly make, so you can avoid them.
Mistake #1 – Not Planning at All
The biggest mistake you can make is deciding estate planning is not for you. People make all sorts of excuses – I’m too young, I’m in good health, I don’t have that much money – but the fact is that it hurts the ones you leave behind if you don’t have a plan in place.
Mistake #2 – Not Keeping the Estate Plan Up to Date
There are certain events that should always trigger a review of your estate plan. These would include life-changing events such as a marriage, divorce, birth, adoption, the death of a successor, and the like. It would also include major financial events like suddenly receiving or losing a large asset or sum of money.
Mistake #3 – Not Preparing for Incapacitation
Many people only make plans for death and not for temporary incapacitation during life. Should you be affected by mental illness, become unconscious due to an injury or accident, or even suffer from dementia later in life, you want plans in place for the sake of both your finances and your medical care. That means appointing individuals to implement your wishes for you.
Getting Your Affairs in Order in Southern California
If you live in San Diego or any of the surrounding communities, the Petrov Law Firm would be happy to help you plan effectively for your future. Talk to our estate planning attorneys now by calling 619-344-0360. We can help you to avoid the pitfalls of trying to plan for your estate on your own.Read More
If you love to run, you probably recognize the need to exercise caution in certain circumstances. Road conditions, vehicles that may be sharing the road, and neighborhood dogs can all be concerns depending on where you choose to get your exercise in. Today, we’re going to look at 4 safety tips for runners if you tend to encounter dogs on your route.
- Stay alert – Most dog attacks can be avoided simply by keeping out of the animal’s way. Don’t stray into a private yard or run too close to someone who is struggling to control a dog.
- Change your route – If a neighborhood dog seems dangerous, you may want to consider mapping out a route that doesn’t go near his family home.
- Keep your distance – If you can safely cross the street or in some other way avoid a dog that has gotten lose, putting the most distance between the two of you is always a good idea.
- Know the signs – Are the dog’s hackles up? Is it growling? Is it trying to challenge you by locking stares? While you may sometimes encounter a friendly dog on your daily run, don’t engage a dog that is clearly looking for a fight.
If You Have Suffered a Dog Bite in Southern California
If you have suffered a dog bite in California while running or performing any other activity, you may be due compensation for medical bills or other losses you might have suffered. To learn more, contact the experienced personal injury attorneys at Petrov Law Firm in San Diego by calling 619-344-0360.Read More
If you believe you have suffered a personal injury at the hands of a medical professional, malpractice may be involved. How can you know if you deserve compensation from the practitioner or facility where you were treated? Here are 4 requirements for a medical malpractice claim.
- You did not receive the proper standard of care – You can’t just be unhappy with the practitioner. You must be able to show that a minimum standard was not met. Doctors and other medical staff are not legally required to be perfect, so a degree of negligence must be involved.
- Your injury was caused by the practitioner – The medical staff is not responsible for illness or injuries that you suffered before seeking assistance. However, if the practitioner causes harm due to negligence, malpractice may be involved.
- You are a patient of the doctor – You can’t claim malpractice against another physician that your doctor may have consulted with. Only a doctor that you see as a patient can be guilty of malpractice.
- You must have suffered injury, damages, or losses – You can’t just be mad at your doctor for the way things were handled. Maybe you got a misdiagnosis, but if you later got the correct one, were treated properly, and suffered no losses, it’s not malpractice. You must have suffered harm, lost work, experienced increased medical bills, and so forth.
Personal Injury Attorneys in Southern California
For more personal injury advice, continue to read our blog on a weekly basis. To obtain the legal support that you need in the San Diego Area, call the Petrov Law Firm today at 619-344-0360.Read More
Even once you have an estate plan in place, your job isn’t over. You need to regularly maintain and review your estate plan to make sure it accurately conveys your present wishes. We’re going to give you five tips to help you review your plans successfully without making it a burden.
- Scan the Plan Annually – Every year you should at least look over your estate plan to make sure you don’t need to change beneficiaries, power of attorney, or other vital things such as these.
- 3 to 5 Year Review – Every few years, you should do a more thorough review to go over your financials. Make sure you haven’t taken on any new assets that have not found their way into the plan somehow.
- Review Income Changes – If you have a sudden influx of income or suddenly have significantly fewer assets, you will want to review your plans to make sure they still make sense.
- Major Life Changes – Marriage, the birth of a child, the death of a successor or beneficiary, or any other major life event will require changes to your estate plan.
- Change of Mind – Any time you change your mind about anything related to your estate plan (who gets what, funeral arrangements, medical wishes, etc.), you will want to look over your estate plan again.
Help in Making Estate Plan Adjustments in California
If, after careful review, you discover that you need to make adjustments to your estate plan, contact Petrov Law Firm in San Diego. Our estate planning attorneys can provide you the assistance you need to keep your future plans up to date with your current wishes. Call 619-344-0360 today to schedule an appointment.Read More
It is certainly a title of honor to be named the executor of the will of a trusted friend. However, it can also be an overwhelming task, especially if you are faced with a large or diversified estate. How can you balance the situations that may come up? Here are three things you can do to make the task a little less daunting:
- Be a Good Communicator – Your job is basically to be a go-between for the courts, the IRS, the beneficiaries, and creditors. That means maintaining contact information for all of the parties involved so you can keep in contact. Keeping records of your communications is also important.
- Focus on Organization – An executor has to deal with a lot of stuff. If you’re not organized, anxiety levels will spike quickly. Having a binder with clearly labeled (maybe even color-coded) folders is a great way to store estate planning documents, statements, policies, contracts, contact info, and other vital data.
- Get Legal Help – An experienced estate planning attorney can help you to sort through a murky last will and testament to make sure you are avoiding the common pitfalls that plague executors.
California Estate Planning Attorneys in San Diego
If you are an executor in the state of California and need legal advice, or if you are planning for the future of your own estate, contact Petrov Law Firm today at 619-344-0360. Our estate planning attorneys can help you to navigate the executorship successfully so that you can fulfill your obligations.Read More
One of the things a person should be compensated for when a personal injury occurs is medical expenses that were incurred due to the injury. But what if your medical bills total $100,000 and yet you only pay $10,000 out of pocket due to medical insurance?
This is a tough question because while it may seem the defendant is being rewarded for you having medical insurance, they are only going to be on the hook for what you have to pay out of pocket. But what if you don’t bill your medical insurance or you see a doctor who is out of network to get your injuries cared for?
A recent case shows that you can get your medical bills covered as part of the settlement, even if you decline to use your insurance. So don’t feel obligated to get your injuries cared for in the cheapest way possible if someone else is at fault. At the same time, don’t hold off on using your insurance assuming that you will be compensated. If the court rules against you in such a case (even though there is now a precedent), you could be on the hook for all of those medical bills.
Help When You Have Been Injured in an Accident in California
If you have been injured in an accident of any sort, you need the help of an experienced attorney who can help you to maximize your settlement and receive compensation for your expenses and losses. The personal injury attorneys at Petrov Law Firm proudly serve the residents of San Diego and the surrounding neighborhoods. To contact an attorney today, call 619-344-0360.Read More
While California doesn’t have the toughest laws on distracted driving, there are a number of regulations in relation to cell phone use that you should be aware of if you are a driver. Here are some of the main things you need to know in order to drive safely and avoid a violation.
- If you’re under 18, you shouldn’t be touching or using your cell phone while driving. Even hands-free calls are off-limits for teens with limited driving experience.
- If you’re 18 or older, you still can’t text, but you can make hands-free phone calls.
- If you’re 18 or older, you can actually pick up your phone for a couple of seconds while driving, but only for the sake of dialing a number. Then you have to take the call on a headset or speakerphone.
- Cell phone laws only apply on public roads. If you are in your own driveway, on a private road, or driving through a field somewhere, you can use your phone as much as you want.
- If an emergency arises, you can call the emergency services, police, fire, etc. without having to make a handsfree call.
- Authorized drivers of emergency service vehicles don’t have the same cell phone restrictions as other drivers. Everyone should be giving these vehicles the right of way anyway, so the distraction should add minimal danger.
If You Have Been Injured in an Auto Accident in California
If you have suffered an injury while driving and need a personal injury attorney in Southern California, Petrov Law Firm is here to help. Just call 619-344-0360 today to get our experienced attorneys to help with your settlement.Read More