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
The jury is out on probate court for some since there are occasional circumstances where it can be beneficial. However, in most situations, it’s just an unnecessary drain. Here are three primary reasons you should try to keep your estate from going into probate.
- It Costs a Lot of Money – You want to leave your estate to your family, not the court system. However, a drawn-out probate battle can drain the funds from your estate rapidly. Don’t let your beneficiaries get stuck with a mere fraction of what you worked hard to amass during your lifetime.
- It Can Take a Long Time – Another issue is that your loved ones may have to wait months or years before they see any of the money that you want them to enjoy. Bypassing probate altogether is the best way to get your estate to your heirs quickly and intact.
- It Is a Matter of Public Record – You don’t want everyone knowing what you had and who you left it to. That could be dangerous for family members who suddenly have a lot of money for the first time and could become the victims of scammers. It could also cause hurt feelings among those who received a smaller portion of the estate. It is no one’s business what you decide to give or to whom you choose to give it.
Assistance to Legally Keep Your Estate Out of Probate
If you are looking for an experienced estate planning attorney in Southern California who can keep your estate assets out of probate court and get it into the hands of your loved ones, contact Petrov Law Firm today at 619-344-0360.Read More
Estate planning is about more than just deciding what kind of funeral you will have or who will receive what from your personal belongings. Long-term care, which is often necessary at the end of a person’s life, is a vital consideration. Why is this the case? Here are three reasons:
- It Happens to a Lot of People – While only about 1 in 10 people will spend over three years in a nursing home, over 40% of people will be there for at least some time. Whether you end up in a nursing home or an assisted living facility, failure to factor it into your estate plan can be devastating to your benefactors.
- It Costs a Fortune – An assisted living facility can cost upwards of $3,500 per month. As you can imagine, that can drain the estate of most seniors rather rapidly. A one year stay in such a facility can take over $40,000 from your estate. Even if you have millions, you didn’t earn it to give it to a private care facility, and estate planning is the right way to minimize costs.
- Your Health Benefits Probably Won’t Cover It – Many older ones make the mistake of thinking it doesn’t matter how much extended care facilities cost because they have Medicare, Medicaid, or some form of private insurance. You can choose to protect yourself with a long-term care insurance policy. Just be sure you don’t end up paying for the care in advance by means of exorbitant premiums.
Helping You to Prepare for the Future in Southern California
At Petrov Law Firm, we want all of our clients to enjoy their golden years and still have something to pass on to their family. Contact our experienced estate planning attorneys today by calling 619-344-0360 to get started on an estate plan that will meet your needs.Read More
Some jobs are just more dangerous than others. However, you may be surprised to find out which career fields see the most claims. We’re going to take a look at five jobs that may not seem that dangerous at first glance but that result in a high percentage of claims according to California’s Department of Labor.
- Animal workers – Animals can be unpredictable. So whether your job is to feed, raise, or slaughter animals, you’re in one of the riskiest businesses in California.
- Messengers – Between UPS, FedEx, and the US postal office, there isn’t a huge private courier service population. But if you are the rare independent messenger, be careful. Injury rates are over 6%.
- Woodworking – If you work in manufacturing and deal with wood product assembly, you’re actually in the most dangerous manufacturing field.
- Air transport – Passengers may be far safer in the air than on land, but pilots, aircraft mechanics, and workers who transfer freight are all at high risk.
- Nursing and home care – This is the number one most dangerous job in California based on the sheer rate of injuries. And if you thought you were in danger working in the private sector, government employees face nearly double the risk of any other career in the state.
Personal Injury Lawyers in Southern California
If you have suffered a personal injury in or near the San Diego area, the experienced personal injury attorneys at Petrov Law Firm are here to help. Just call 619-344-0360 to get started on your case today.Read More
There is nothing more tragic than losing a loved one prematurely due to someone else’s negligence. We’re going to list 6 broad categories of circumstances that constitute wrongful death. If your family has faced one of these situations, you need to find a compassionate lawyer to help you through this difficult time.
- Medical malpractice – Doctors and their staff need to perform the right medical procedures and provide the proper doses of medication to avoid culpability in a patient’s death.
- Auto accidents – Whether the other driver was under the influence of something, driving recklessly, or just plain negligent in driving practices or in maintaining the vehicle, it may qualify as wrongful
- Transportation accidents – Cars are not the only place where a wrongful death can occur. The same holds true when a person travels via plane, train, or bus.
- Product defects – Whether there is something wrong with the product itself or the instructions on how to use it safely, this may qualify as wrongful
- Failure to properly train employees – If an employee is killed on the job because he or she received insufficient safety training regarding a foreseeable danger, the incident may have been preventable.
- Unsafe roadways – Road hazards happen, but what if the hazard is fixable and has been in place for weeks or even months with no warning to drivers. This may qualify as a wrongful death case as well.
Legal Assistance When You Need It Most
If your family is dealing with a tragedy due to one of the circumstances noted above, contact Petrov Law Firm. We provide the compassionate legal assistance that families in Southern California need when calamity strikes. Call 619-344-0360 to speak to someone about your circumstances today.Read More
DIY has become a buzzword with fewer and fewer people wanting to pay someone else to do something that they think they can handle themselves. That’s great when it comes to most things. However, planning for your future and for the benefit of your heirs is one of the times that you don’t want to take chances. Here are three reasons to pass on using a DIY will for your estate plan.
- Interpretation Disputes – You may be an eloquent person, but that doesn’t mean your every word will be interpreted correctly or the same way by two different people. If there is a dispute over what something you say in your will means, it can tie your estate up in probate court for years and result in a great deal of your assets going to the court system rather than to your beneficiaries. That isn’t what you’ve worked so hard for all your life.
- Mistakes – Even if you get a little online legal assistance from a site that helps you put together a will, you don’t get the personal attention that you would from a local estate planning lawyer who is specifically experienced with the laws in your state. Mistakes in wording or even in omitting something (like failure to name a healthcare agent) can lead to major issues.
- Peace of Mind – You shouldn’t have to wonder if your will is going to be good enough. Hiring an estate planning attorney can provide you with peace of mind. You will know that all of your bases are covered and that your family’s future is secure.
Hire the Right California Estate Planning Attorneys
If you are planning for the future in the state of California, Petrov Law Firm has the estate planning lawyers you want on your team. Our compassion and experience will make the process as simple as possible and provide you with the peace of mind you want. To get started, call us today at 619-344-0360.Read More