The fact is that the great majority of personal injury cases result in settlements, and that’s not a bad thing. However, there are times to settle and times to go to court. Plus, there are times when rejecting an initial settlement may lead to a better offer without the need for a court battle. Here are a few things you should know about settling personal injury cases out of court.
Situations Where You Shouldn’t Accept a Settlement
Here are a few times to avoid accepting a settlement or a when settlement may not be possible:
- The insurance company or lawyer won’t give you time to consult with your own attorney.
- The settlement amount seems too low.
- The statute of limitations requires a suit.
Getting the Settlement You Deserve
By acting within the appropriate amount of time and consulting with a personal injury attorney, you can help to ensure that you receive an adequate settlement. In the meantime, it is important to avoid signing anything or accepting compensation that would disqualify you from seeking further damages. You also need to contact the right attorney to receive compassionate assistance backed up by experience and expertise in personal injury cases.
The personal injury attorneys at Petrov Law Firm have the knowledge and experience to help you recognise a fair settlement offer. While it is always up to you to determine if you will accept an offer or not, our lawyers can help you to make an educated decision. To learn more and to schedule a consultation, call us today at 619-344-0360.Read More
First of all, California state law makes each individual driver financially responsible for liability in case of an accident. That means that each driver either needs to have car insurance or needs to care for this responsibility in another manner. For example, you don’t have to have liability insurance if you leave $35,000 cash on deposit with the DMV. Most people don’t have that kind of money lying around, so insurance is how we maintain financial responsibility.
However, there are times when a person may be in a car accident while driving without liability insurance. What happens if that person is you? What happens if that person is the driver who crashes into your car?
If You Are in an Accident with No Insurance
Remember that the other person probably does have insurance and get his or her info. That insurance company still needs to cover you. The fact that you don’t have insurance doesn’t waive the other person’s liability insurance from having to pay for your medical bills and possibly other damages.
If the Other Driver Doesn’t Have Insurance
You probably noticed a fee in your monthly premiums for an uninsured or underinsured driver. In other words, your insurance should have you covered, even if the other driver has no insurance or an insufficient amount of insurance to cover your medical bills. Check your policy to make sure you have this coverage.
Protect Yourself from Insurance Issues After an Accident
Hiring the right personal injury attorney can help you to get what you deserve from whichever insurance company you deserve it from. That’s where Petrov Law Firm steps in and gives you peace of mind. We have experience in getting insurance companies to pay what they really owe you following an accident, rather than the stingy first offer that most make (if they offer to pay anything at all). Just call 619-344-0360 to get your case started today.Read More
When a person is injured, there can be many financial ramifications. Medical bills can mount quickly. Missed work leads to lost income and the potential loss of a job. There can also be emotional suffering involved, especially if the injury will have long-term effects.
Of course, not every injury is someone’s fault and not every victim has a case that allows for legal damages. So how do you know whether or not to hire a personal injury lawyer?
When It’s Time to Hire an Attorney
California sees a couple of million injuries per year that are bad enough to warrant medical attention. Here are several reasons that an injured person may decide to hire a lawyer:
- Another person was negligent
- Significant medical bills have accumulated
- The injury is serious
- The victim has missed work or can no longer work
- Some else’s insurance company is involved
- An insurance company is refusing to pay
- An insurance company is offering a settlement (especially if the amount is clearly too low)
Filing a Personal Injury Suit
In the state of California, you have to file a suit within two years of the injury occurring. That means acquiring a personal injury lawyer as soon as possible is important to give your lawyer the maximum amount of time to acquire the damages you are owed.
Petrov Law Firm has the experienced personal injury attorneys that you want on your side to help ensure you receive the full compensation that you deserve for your injuries. Contact us today by calling 619-344-0360.Read More
Let’s say you are in an accident with a drunk driver and sustain injuries. However, due to a technicality, the criminal case gets thrown out, and the driver goes free. Can you still pursue damages? The answer is yes. Here are three things you should always do after an accident to ensure you get what you deserve on a personal basis regardless of whether prosecution takes place.
What You Need to Protect Yourself
Here are the three things that will help you to ensure your rights are protected in a personal injury case following a car accident:
- Take Pictures – Just about everyone has a camera at all times now that they are a part of our smartphones. Use your camera to take pictures of the accident. Include street signs that indicate the location of the accident. Take pictures of the people and vehicles involved in the accident.
- Gather Information – Get a copy of the police report. Make sure you get the name, address, and insurance information of every driver involved in the accident.
- Talk to Witnesses – See if anyone in the surrounding area saw the accident. Even if someone doesn’t want to speak with you directly or is in a hurry, gather names, addresses, and phone numbers of any witnesses so your attorney can contact them later.
Get Help to Pursue Compensation
Don’t try to get the compensation you deserve on your own. Insurance companies are always trying to protect their assets and pay out as little as possible. It’s nothing personal. It’s just how they make a profit.
The experienced car accident attorneys at the Petrov Law Firm can help you to maximize the compensation you receive after an accident.Read More
If you have suffered an injury from a slip and fall accident at a commercial or residential property, you may be contacted by an insurance company with a settlement to keep things from going to court. If you are offered what you consider to be a reasonable amount of money, should you cut out the middle man and sign your right to a suit away without consulting a lawyer? Here’s how trying to save a few dollars may cost you a lot in the end.
Why Insurance Companies Offer Settlements
The idea of the settlement is to make things go away quietly and without the introduction of an experienced lawyer. These settlements are usually on the low end of the compensation due. It is just enough money to be enticing to the injured person. However, it is always a good idea to have legal counsel review any documents before you sign them.
Once you sign and accept a settlement, you can’t seek more damages later. If it turns out your injuries were worse than you thought or you end up losing your work over the injury, you won’t be able to go back and renegotiate a better deal. You may even find out that people in similar situations have received many times more than what you settled for.
Speak to One of Our Slip and Fall Attorneys First
Contact Petrov Law Firm at 619-344-0360 before you sign any papers. Our experienced personal injury lawyers can help you to get the full compensation you deserve for your injuries. This will allow you to care for expensive medical bills, and to not be hurt by time missed from work and even lost future work.
Motorcycle accidents are on the rise, making motorcycle safety more important than ever. As a new motorcyclist, you should be aware of some essential life-saving tips. For seasoned drivers, it is always a good idea to be reminded of some precautions to take to stay safe on the road with other vehicles and drivers.
As a motorcyclist, you do not have the protection of a metal frame and automatic airbags around you. Therefore, safety on the road begins with you:
-Invest in your livelihood by taking a qualified motorcycle training course. Safety experts will provide you with hands-on instruction to help you avoid accidents.
-Wear protective equipment when riding. Helmets save lives so be sure to pick one that provides optimum protection. Motorcycle riding clothes are specially designed to help break your tumbles and bumps and act as a tough outer layer. Having brightly colored pieces also does not hurt. This gets others to notice you on the road as a good number of accidents occur due to drivers not seeing or noticing the motorcyclist. Being properly equipped to ride can be the difference between life and death.
On the road, there are many objects, both moving and static, that can inflict severe harm on you should you collide with them:
-Assume you are invisible. The unfortunate reality is that most vehicle drivers do not always pay attention or notice motorcyclists sharing the road with them. Use defensive driving techniques and keep a safe distance away from drivers who seem distracted (whether it be with other passengers, on the phone, or listening to loud music).
-Avoid driving in others’ blind spots.
-At a red traffic light or stop sign, pull to one side of the lane to avoid being accidentally rear-ended by the unaware motorist coming from behind.
-Proceed through intersections with caution and if possible, ride alongside a large vehicle for cover.
-Always have an escape route to either side should other drivers behave unpredictably.
There are many ways to stay safe on the road as a motorcyclist. Of course, mastering safe driving techniques comes with experience. Your life is more valuable than your bike so if you come across a situation where your bike can act as a buffer and you can safely get away on foot, do so without hesitation.
If you or a loved one has been involved in a motorcycle accident, contact a personal injury lawyer and receive advice on how to proceed. Motorcyclists tend to sustain severe injuries when they get into an accident so it is important to seek legal counsel to ensure all dimensions of the case are addressed and taken care of.Read More
With spring break in full tow, undoubtedly there is plenty of partying going on, especially from young folks reveling in their first semester accomplishments. It is during holidays and celebratory times such as these that we all must be more cautious and mindful when on the road. The chance of a run-in with an intoxicated driver is likely higher when there are more reasons to celebrate.
Drunk driving laws make it illegal nationwide to drive with a blood alcohol content at or above 0.08% for people of legal drinking age. There is also a no-tolerance law for drivers under 21, meaning there is no allowable level of BAC for this age group. Accurate BAC is determined with a blood test (analyzed at a lab) or breathalyzer administered by the onsite officer.
Incidents of drunken driving have decreased in the past few decades due to strict laws and higher awareness and education. The ease of access and availability of hired transport (such as taxi cabs, Uber, and Lyft) have also helped to lower the occurrences of intoxicated drivers on the road. However, accidents involving alcohol influence still do occur and are often injurious or fatal.
Should you or a loved one get involved in a vehicular accident involving alcohol, seek the advice and assistance of an experienced personal injury attorney immediately. Your injuries will likely require medical attention and you are entitled to have all your costs covered by the other party’s insurance. A personal injury lawyer will represent you if your case end up in the court of law, as is often the case with alcohol-related car accidents.Read More
Elder mistreatment, including abuse and neglect, is any intentional act that causes harm or risk of harm to a vulnerable elder by a caregiver or any person entrusted with ensuring the well-being of the elder. The intentional harmful action includes failure for a caregiver to satisfy an elder’s needs, whether or not the act was intended to be harmful.
A study prepared by the staff of the Special Investigations Division of the House Government Reform Committee in 2014 finds that reports of serious, physical, sexual and verbal abuse are numerous among nursing homes across the nation. Thirty percent of the over 5,000 nursing homes in the United States were cited for nearly 9,000 instances of abuse over a recent two-year period from 1999 to 2001. Problems included negligence and inadequate medical care resulting in untreated bedsores, malnutrition, and dehydration. Facilities were found to have poor sanitation and hygiene practices and many problems included preventable accidents, some serious enough to cause harm to the residents and put them in immediate jeopardy of death or serious injury.
Infliction of elder abuse is not limited to caregivers in assisted living facilities. It can include persons as close to the victim as their children or extended family members or their fellow nursing home residents. Some signs of abuse may include depression, confusion, unexplained weight loss, agitation, violence, lack of interest in activities, unexplained bruises, burns, or scars, messy, unkempt appearance, bedsores, or other preventable conditions.
If signs of abuse are observed, talk to the affected person to find out what is going on. Often times, if they are unable or unwilling to explain, it may be because they are traumatized, embarrassed, or simply unable to recall or verbalize what happened to them. Report your observations and findings to someone in charge of the facility or to other members of the family who can help out as soon as possible. Abuse or neglect can have a lasting or permanent effect on a person’s physical and mental health so it is best to remedy the situation as soon as it is discovered.Read More
Accidents involving commercial (big rig) trucks occur on average 11 times a day across the United States and result in over four thousand deaths a year. Most of these accidents are caused by driver error, fatigue, or mechanical problems.
A typical commercial truck can weigh at least 25 times more than a regular car. Therefore, most big rig truck accidents with other vehicles often result in more serious physical injury and property damage than an accident between two personal cars.
As with most personal injury cases involving vehicle accidents, the main point of legal liability in commercial truck accident cases is to prove negligence. An individual injured in a commercial truck accident must show that:
- The driver, or the company he represents, owes the plaintiff a legal duty of reasonable care to avoid injury under the circumstances,
- The driver failed to exercise reasonable care, and
- This breach of reasonable care was the cause of injury suffered by the plaintiff.
A personal injury lawyer can help establish each of the stipulations above and can take you through the entire process of claiming what is rightfully owed to you.
If you or a loved one has been injured as a result of a truck accident, you should consider having an attorney evaluate your claim at no charge. A consultation could make all the difference in whether you collect on your claim.Read More
If a friend has been injured in your home, contact a personal injury attorney immediately. While it’s not (entirely) likely that your friend will end up suing you, you still may need some legal advice as to how to navigate the difficult situation.
To start, get your homeowner’s insurance policy number. Your lawyer will need to review the coverages with the insurance company to see exactly what losses are covered through the insurance policy.
Next, don’t mention that you have a lawyer — to anyone. Securing the advice of a lawyer is generally a responsible way to make the most out of your insurance policy. However, anyone who hears that you have hired a lawyer will immediately assume you are planning a strong defense against the friend who got injured in your home. Word about a legal battle between friends (real or not) will travel fast and will easily complicate the personal relationship you have with your friend.
Ask your lawyer about the kind of help you can offer to your friend — especially any help that is covered through the insurance policy. Go slow and make sure you don’t overpromise. A slip and fall accident can lead to thousands of dollars in medical bills. It’s very likely that your insurance policy will cover the losses, but you want to avoid going back on your word.
During the entire process, make sure you document everything. It’s unlikely that you will end up facing a judge about the accident. However, if you do, any judge will be willing to consider your notes in any final judgments.Read More