When most people think of personal injury, they immediately focus on car accidents and slip and fall accidents. While these are two of the most common types of personal injuries that occur, they are far from being the only common ones. Here are 5 other injuries that frequently lead to suits in California.
- Work Injuries – Dangers on the job pose a real threat to workers. You don’t even have to be in a manual labor job to experience an injury at work. Office workers suffer injuries due to unsafe conditions as well.
- Defective Products – An accident can happen when a product is used improperly, but what if you were following the instructions to a T and are still injured? You may able to receive compensation, especially if a defect that the manufacturer should have known about is what resulted in the injury.
- Medical Malpractice – While there are some laws in place that protect medical professionals from frivolous claims, if you are the victim of negligence on the part of a medical professional, there are also laws that will allow you to receive due
- Dangerous Medications – Sometimes a medication makes it past the FDA, but further dangers are discovered once the product has been on the market for a time. If you were taking it with a prescription, this might give you grounds to file suit.
- Assault – If someone injuries you on purpose, you have the potential for making a claim. The assailant could be in for jail time as well as the potential for having to make financial compensation.
Personal Injury Claims in Southern California
If you have suffered a personal injury in the San Diego area, the attorneys at Petrov Law Firm can help you to seek the compensation you deserve. To get your claim started, call 619-344-0360 today.Read More
If you are filing a personal injury claim, you want to be straightforward about any preexisting conditions you may have, especially with your lawyer. Why do clients sometimes withhold information about preexisting issues? What effect can this have on a claim? Read on to learn about this important factor in a personal injury suit.
Why People Feel the Need to Hide a Preexisting Condition
You may think that if you reveal a preexisting condition, it will affect the amount of your settlement. For example, if you get migraines but they become far worse after your car accident, you may neglect to mention you already would get migraines before. Why? Well, you may be concerned that opposing counsel will try to limit your medical compensation because the migraines were a preexisting condition and the fact that they got worse may have had nothing to do with the accident.
Why You Should Disclose Any Preexisting Conditions or Injuries
While the above scenario could be true, imagine how bad it will look when the condition comes out (and it will) during the course of a trial or negotiations. Now it goes from something that could have a minor effect on the settlement to something that calls into question your credibility as a whole. That can have a major effect on your case.
Personal Injury Attorneys to Help You in Southern California
Petrov Law Firm is here to help you with your settlement, so please don’t hide any preexisting conditions from our personal injury attorney. While you may be concerned it will hurt your case, comparing your medical condition before and after the injury may help make your case even more clear and help you to get a better settlement. To get started on your case, call us today at 619-344-0360.Read More
Umbrella policies are an inexpensive way to extend your insurance coverage up to a million dollars or more. Why do that? To protect your current assets and future income. In fact, an umbrella policy is an important part of an overall estate plan. Like life insurance, disability insurance, and asset management, an umbrella policy is a way to secure your future from the pitfalls of unfortunate events.
If you cause a car accident and someone dies, then you will face an extensive lawsuit. If you disable or kill a young professional, you could easily face repaying his or her future lost wages. So if your car accident means that the victim can’t work for the next 20 years, you are liable for the $1 million of future lost wages.
And where does the money come from to cover those losses? Your own wages.
First, your insurance company will pay — but only up to the policy limit. And for many people, that’s as low as $15,000. People with “good” insurance, often have $100,000 of coverage. But even with $100,000 of coverage, you would still be on the hook for $900,000. That $900,000 will come out of your own future earnings at a rate of 25% per year.
A personal injury attorney can advise you on the kind of insurance you need. For most people who are mid-career, then you will need an umbrella policy to protect you (and your family) for the future. You will have to increase your auto insurance rates to the maximum. Then, you will add the umbrella policy and have the coverage you need to protect your home and future income.Read More
If you’ve ever been to the emergency room with a broken bone, you might have received a letter from your health insurance company asking if the injury happened at work. Why would they care if you got hurt at work? Because if you broke a bone while working, then the employer’s insurance plan has to pay for the medical expenses — not your health insurance plan.
So when you file a personal injury claim, you frequently unleash a battle between insurance companies as to which one is responsible for the costs. When insurance companies sue each other, its call subrogation. And frequently, as the insured you don’t know that these insurance battles are raging on behind the scenes. In the fine print of every insurance policy (and there is a lot of fine print) you give permission for the companies to sue each other.
However, while the insurance companies will fight with each other over the cost of your x-rays and pain prescriptions, they probably aren’t asking if you’ve lost wages due to the injury. You have to hire your own lawyer so that the lawsuits include all of your costs. With a few weeks out of work or a lifetime of disability, you have to become an advocate for yourself by hiring a lawyer.
And you have to do it before all of the insurance money runs out. Let’s say you were crossing the street and got hit by a car. You broke your foot. Initially, your health insurance covers the costs, but they soon realize the driver’s insurance company should be paying for the medical coverage. The insurance companies fight it out and come to a settlement. Meanwhile, you’re at home with a broken foot, unable to work. After a few months, you realize that you could still get some money for your lost wages. And with a lawyer, you can. It might take some time, but you can get money because you couldn’t work with a broken foot. However, had you contacted a lawyer right away, you could have come to a settlement before the insurance companies used it up for themselves.
Personal injuries cost more than the price of medical treatments. Don’t hesitate to contact a lawyer and claim your share of the insurance money.Read More
Your body is equipped to handle fairly sharp objects in your digestive tract. Plastic generally passes through your body without a problem. A shard of glass, on the other hand, can do a lot of damage. But unless you were actually hurt by the plastic (or glass), you can’t sue for losses.
Almost getting hurt is generally not sufficient cause for a lawsuit. If you suffered mental anguish because of a close call, then you can sue. However, mental anguish for a close-call is hard to prove. And almost-eating plastic or glass at a restaurant won’t cause years of mental anguish and traceable losses.
Bystanders to an accident (in which they weren’t injured) can suffer from mental anguish. Even these circumstances come with strict legal guidelines to avoid unnecessary litigation. If you watched a family member get seriously injured, and you have a physical manifestation (like hair loss), then you might have a case for a lawsuit.
Keep in mind, personal injury is about loss — lost wages, medical bills, therapeutic treatments. Of course, you are welcome to offer to pay a lawyer an hourly fee, but unless you have documented financial loss, most lawyers won’t take your case for a contingency fee.Read More
In short, you have two years from the date of the accident to file a claim. However, if you’ve been injured in an auto accident, on someone’s property, or been attacked by an animal, you should contact a lawyer immediately. You and your attorney need to create a plan so that you can successfully track any financial losses, medical problems, and emotional problems.
The same is true if you feel like someone might sue you. Preparation is key in any good personal injury claim. So whether you are the plaintiff or the defendant, you and your lawyer will need time to document the initial problem and track any subsequent issues.
Your lawyer might not file a lawsuit immediately. Although you might be seeing a doctor and documenting evidence about the injury, sometime medical and emotional problems take several weeks or months to emerge. After you have healed from the initial problems, you might find that you have long-term problems and your lawyer will want to document those for compensation.
Contacting a lawyer is key in a successful personal injury case. The rest of the timeline should left in the hands of your lawyer and doctor.Read More
Let’s say, for example, you twist your ankle and fall, sustaining several other injuries such as a bruised tailbone and a cut on your palm. These three injuries can add up to thousands of dollars in medical bills. If you rely on your hands and feet to perform the majority of your job (like being a server at a restaurant), you might lose thousands of dollars because you are unable to work.
However, who you sue for these injuries depends on where the injuries occurred.
If you were working when the injuries occurred, then you do not have a personal injury claim. If you got hurt while at work, then you have a workers compensation claim. If you were not on the clock, but you were at your workplace for personal reasons, then you would then have a personal injury claim.
If you fell and sustained your injuries while you were at the grocery store (or any other private property except your own home) then you have a personal injury claim. Even if you don’t know the cause for the fall (such as a slippery floor), you can file a claim for a personal injury and an insurance company will likely pay out on the claim to make it go away.
If you fell on public property, like the sidewalk, you are most likely out of luck. While you can try to sue the city for negligence, you and your lawyer will carry the burden of proving the city was grossly at fault for the fall. A long-standing, well-reported, dangerous sidewalk might be sufficient evidence to get the city to bend and pay for some of your losses.
If you fell in your own home, then you will have to use your own personal health insurance policy to cover the injuries. Generally, homeowner policies will not cover the expenses of an injury to the homeowner or resident. If a guest falls in your home, then your homeowner’s policy will cover the cost of the guest’s expenses.2626Read More
Down by the California coast, this isn’t a question anyone will ask. But with California’s drastic climates, ice and snow can develop nearby in the forest and mountains. Homeowners, renters, business owners, and landlords can be held responsible for the slips and falls that happen during a storm or cold snap.
Landlords and tenants frequently fight about this issue in the colder states, where the ice and snow last longer. While rulings vary by city, county, and state, generally the landlord has to make sure the tenant is being responsible for keeping the property safe from hazards. So both landlords and tenants have to keep walkways clear of ice and snow in a reasonable amount of time.
Luckily, these kinds of slip and fall accidents are covered by renter’s insurance, homeowner’s insurance, and landlord insurance. However, if you are being grossly negligent for the general upkeep of your property, an insurance company could claim you violated the policy, therefore making it null and void.
With the variation in law, the ambiguity regarding time frame, and the rarity in some locations, you will need a lawyer for a slip and fall accident. The insurance companies will look to see who else can be held responsible for the cost. So whether you are the victim or the homeowner (tenant or landlord) call a lawyer to avoid a lengthy and costly lawsuit.Read More