| Read Time: 2 minutes | Personal Injury

What You Post on Social Media Can Hurt Your Personal Injury Case

If you’re claiming to be terribly injured in an accident, it wouldn’t make a very good impression on a jury to see you dancing the night away on your Instagram story. That’s why it’s so important to think before posting anything on social media while pursuing a personal injury claim. When you hire an experienced personal injury attorney, they’ll carefully review your case and advise you about how social media can undermine your case.   Avoid Posting On Social Media During a Personal Injury Case Most California personal injury attorneys will recommend that you not post anything on social media as seemingly innocuous postings may contradict your testimony. For example, if you’re claiming that you are unable to work due to your injuries, posting about attending a wedding or birthday party will imply that you’re mobile, even if you don’t post any photos of the event. You certainly don’t want to mention or post photos of a vacation while you’re collecting disability benefits. Posting pictures of your children hiking implies that you were also there to take the picture.   Social Media Posts Are Admissible In Court Social Media posts are considered admissible as written evidence in personal injury cases under California law. It’s important to know that not only are your posts admissible, but posts about you by family and friends could also be used against you. That’s why it’s a good idea to ask them to refrain from posting anything about you or uploading any pictures of you while your personal injury case is pending. Limiting posts to only friends will not protect you because defense attorneys can obtain information from œmutual friends or request disclosure without informing you. Your California personal injury attorney is working very hard to help you collect the largest amount of compensation possible for your injuries – don’t undermine your case by using social media irresponsibly.

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| Read Time: 2 minutes | Auto Accidents

PTSD After A Car Accident

Many victims of car accidents sustain both physical and psychological injuries. Serious car accidents can cause victims to suffer from post-traumatic stress disorder (PTSD,) with symptoms such as nightmares, intrusive thoughts, or reluctance to drive. PTSD can cause long term disability and require many years of expensive treatment. That’s why it’s important to speak to a California personal injury attorney to discuss your legal rights to monetary compensation.   Common Symptoms of PTSD After a Car Accident The first course of treatment is usually for the physical injuries sustained in an accident, especially if those injuries are life threatening. As you recover, it’s important to be aware of the symptoms of PTSD so that treatment can be commenced in a timely manner. These are the most common symptoms of PTSD after a car accident:   Arousal: This is an extreme feeling of alertness that can lead to sleep problems, hyper-vigilance, and sometimes paranoia. Intrusion: Recollections of the accident make it difficult to concentrate on tasks or to fall asleep. Avoidance: Avoiding reminders of the accidents. This can lead to the refusal to drive or even to be a passenger in a car. Numbing: Distancing oneself from friends and family can lead to a feeling of hopelessness or major depression.   These symptoms can be very subtle at first, but can increase rapidly into full blown cases of debilitating PTSD. That’s why it’s important to identify and treat symptoms promptly. Treatment with medication and therapy has been shown to greatly improve the outcome for victims suffering from PTSD and early diagnosis can improve the likelihood of a full recovery.   Compensation For Victims of PTSD After A Car Accident If you’re suffering from PTSD after a car accident that isn’t your fault, you can make a claim against the negligent parties to recover money for your economic and non-economic damages. Economic damages are reimbursement for medical costs, lost earnings and other out of pocket expenses. Non-economic damages are for the pain, suffering, and emotional distress you’ve suffered as a result of the accident. The best way to find out how to collect a large amount of monetary compensation is to speak to a California personal injury attorney who can apply the facts of your case to the law. Filing deadlines can be short, so it’s important to make an appointment for a consultant as soon as possible after your accident.

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| Read Time: 2 minutes | Auto Accidents

When Accidents Cause Traumatic Brain Injuries

Over a million people in California are diagnosed with Traumatic Brain Injuries (TBI) each year. Most of these injuries are caused by car accidents, slip and falls, falling objects, assaults, medical malpractice, sports injuries, and explosions. The severity of a TBI can range from mild to catastrophic, but all TBI’s require immediate diagnostic testing and appropriate treatment. It’s not always possible to know how great an impact a TBI will have on a person’s future. That’s why it’s important to speak to a California personal injury attorney as soon as possible after an accident.   What Is A Traumatic Brain Injury (TBI) A traumatic brain injury (TBI) occurs when a blow to the head disrupts the function of the brain. There are two main types of TBI, penetrating and non-penetrating. Penetrating TBI’s are injuries where an external object enters the brain tissue. Non-penetrating TBI’s are caused by an external force that results in the brain moving within the skull. Both types of TBI cause injuries that can range from mild headaches that resolve quickly to severe brain damage with long lasting consequences. That’s why it’s important to seek medical treatment immediately after any type of head injury.   Symptoms of Traumatic Brain Injuries (TBI) Many TBI’s are are not symptomatic immediately after an accident, so it’s important to look out for the following symptoms in the weeks following a head injury:   – Loss of consciousness – Nausea – Drowsiness – Dizziness – Blurred vision – Problems concentrating – Headaches – Balance problems – Speech issues – Abnormal mood or behavior   TBI’s can lead to brain bleeds, strokes, and serious irreparable brain damage if they are not diagnosed and treated in a timely manner.   Compensation for Victims of Traumatic Brain Injuries (TBI) California allows victims of TBI caused by the negligence of other parties to collect a large amount of compensation to cover their medical expenses, long term care, current and future lost earnings, pain, suffering, and mental anguish. In the most severe cases it’s possible for family members to assert their own claims for loss of services and loss of companionship of their spouse or parent that sustained a catastrophic TBI. When a TBI causes a person’s death, their family can make a claim for the loss of support, loss of inheritance, and other financial losses due to the death of their family member. Collecting compensation can greatly improve the quality of life for victims and their families. That’s why it’s important to contact a California personal injury attorney as soon as possible after an accident to discuss your legal rights.

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| Read Time: 2 minutes | Personal Injury

Claims Against Medical Providers For Birth Injuries

It’s tragic when health care providers that we trust to bring our precious offspring into the world, make mistakes that cause lasting harm. Doctors, nurses, midwives, and other medical professionals have an ethical and legal duty to adhere to standard practices for birth and delivery. When they fail to meet these standards, they can be held liable for the injuries they cause to innocent newborns. If your child is suffering due to the negligence of the health care professionals responsible for bringing your child into the world, you should speak to an experienced personal injury attorney about your legal rights.   Causes of Birth Injuries Most birth injuries are caused by the failure of medical providers to properly handle complications during labor and delivery.  The saddest part is how many of these birth injuries could have been avoided with proper prenatal diagnosis of risk factors including gestational diabetes, breech presentation, and hypertension disorders such as HELLP Syndrome and preeclampsia. These are some of the most common scenarios that cause birth injuries:   Delay in diagnosing or reacting to fetal distress; Delay in ordering c-section upon diagnosis of fetal distress; Excessive force when performing vacuum suctioning or using forceps; Failure to diagnose infections; Failure to diagnose and properly treat problems with the umbilical cord.   An experienced personal injury attorney can review your child’s medical records to determine whether there was negligence during labor or birth.   Birth Injuries Caused By Negligence Improper labor and delivery procedures can cause long lasting severe health problems or deformities. Some of the most common serious birth injuries are:   Brain damage caused by fetal asphyxia Hypoxic Ischemic Encephalopathy (HIE) Shoulder dystocia injuries Erb’s Palsy Fractured bones Facial Scarring   These serious injuries can cause pain, suffering, and emotional distress for both the child and their family. Some birth injuries are catastrophic, requiring extremely costly round the clock medical care and accommodations. This is why the law provides victims with the ability to make a claim for monetary damages. Collecting compensation can help families support their injured child with the best care possible.   Choose The Right Personal Injury Attorney Not every California personal injury attorney has experience handling birth injury cases. This narrow specialty requires knowledge of the acceptable standards for prenatal care, labor, and delivery. Before you hire a personal injury attorney, it’s important to ask whether they have handled birth injury cases before successfully. If your child was injured as a result of improper prenatal care and/or mistakes during labor and delivery, it’s important to have a consultant with an experienced California birth injuries attorney to discuss your legal rights to compensation.

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| Read Time: 2 minutes | Auto Accidents

I Was Hit And Injured By An Uninsured Driver. Now What?

California requires vehicle owners to have liability insurance, but not everybody follows the rules. In fact, California has the greatest number of uninsured vehicles in the country. Suing uninsured drivers is not likely to be fruitful because they rarely have high incomes or substantial assets, making a judgment virtually unenforceable. That’s why every California uninsured motorist accident attorney will tell you how important this type of coverage is.   What Is Uninsured Motorist Insurance Coverage? Uninsured motorist insurance coverage will pay for your medical bills, lost earnings, pain, suffering, and mental anguish, if you are involved in an accident where the responsible party is uninsured. This will protect you in the following situations: Driver or passenger hit by uninsured car; Passenger in an uninsured car; Hit and run; Pedestrian. You can choose the policy limits you feel comfortable with for your uninsured motorist coverage depending on your needs. If you don’t have great health insurance or disability coverage, uninsured motorist coverage can provide a much needed financial resource if you have an accident.   What Is Underinsured Motorist Insurance Coverage? The minimum liability policy limits in California are $15,000 per injured person, $30,000 for all injured people per incident, and only $5,000 for property damage. That’s why experienced Turlock, Monterey, Merced, or Modesto, CA uninsured motorist accident attorneys recommend purchasing inexpensive underinsured motorist insurance to supplement what you can collect if you are involved in an accident with a driver only carrying the minimum insurance. Underinsurance will supplement what you collect from the responsible party allowing you to be more fully compensated.   What Is Comprehensive Collision Insurance? Most Californians are dependent on their cars to work, go to school, and for everything else they do. That’s why it’s a good idea to have your own comprehensive collision insurance  to cover damage to your vehicle, so you can be back on the road promptly. Having this coverage is also a must if your car is worth more than the $5,000 minimum limit for property damage liability.   Is Uninsured/Underinsured Motorist Coverage Mandatory In California? It’s not mandatory in California, but insurance companies and their agents are required to inform customers of it’s availability and utility. They have a duty to encourage vehicle owners to purchase it. It’s actually obligatory to sign a waiver if you decline the coverage. It’s important to feel protected financially while you’re on the road. An experienced uninsured motorist attorney can consult with you about what coverage is best for your circumstances.

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| Read Time: 2 minutes | Auto Accidents

Covid-19 And My Car Insurance Injury Claim

The Covid-19 Pandemic has changed so many things about how we work, learn, shop, and get medical treatment. You might be wondering how car insurance injury claims are being handled during this crisis. It’s good to know that most insurance companies are functioning well, even though many people are working from home. It’s important to hire a tech savvy California injury claim attorney that knows how to keep your case moving as Covid 19 restrictions are lifted or reinstated.   Can Claims Be Filed During Covid? Some courts are still closed or doing only virtual appearances , but they are all allowing new claims to be filed. Your personal injury case begins with treating for your injuries, collecting lost earnings benefits, and a thorough  investigation by your attorney. Depending on the severity of your injuries, treatment can last for months or even years. During this time your Turlock, Monterey, Merced, or Modesto, CA injury claim attorney will be preparing your case for settlement and/or litigation. Since most car accident injury cases are settled without going to trial, the Pandemic is unlikely to delay your case. There’s simply no reason not to make a claim if you’ve been injured in a car accident during Covid.   Can I Get Treatment For My Car Accident Injuries During Covid Most medical offices have adjusted to treating patients during Covid, offering both safe in person and virtual options. It’s probably better to avoid busy hospitals for less serious injuries, choosing urgent care centers or private practices instead. Most MRI’s and cat scans for accident injuries  are conducted at outpatient centers, so diagnostic testing is widely available. This is also true for outpatient surgeries such as arthroscopic surgeries that are performed at dedicated centers that do not treat Covid patients. What’s opening and closing is constantly changing, so it’s a good idea to work with a California injury claim attorney that can help you find high quality medical care for car accident injuries during Covid.

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| Read Time: 2 minutes | Auto Accidents

Automobile Insurance Policy must-Haves to ensure you’re fully covered.

California mandates that vehicle owners have an auto liability insurance policy in effect that covers the other party’s medical costs, lost earnings, and property damage. The minimum amount of insurance required is: $15,000 for each person harmed; $30,000 all persons harmed; $5,000 for property damage. This is all you need to legally register and drive your car in California, but this scant coverage is probably not sufficient to protect you financially if you have an accident. An experienced California injury claim lawyer can advise you about how much coverage you need and how to file your claim.   What The Options For Additional Coverage? Unless you’re driving an 20 year old car and have no assets, this probably isn’t enough coverage for you. You should seriously consider purchasing uninsured/under-insured coverage in case you suffer severe injuries caused by a driver carrying a minimum policy.  If your car is valuable, it’s important to have comprehensive and[1]  collision insurance which will reimburse you for damage to your car. This coverage is valuable if: The damage costs more to repair than the policy limits of the car that hit you; A hit and runs and; An accident that you cause yourself. Med Pay is also worth considering because it usually has no co-pays or deductibles and pays for services not usually covered by health insurance. It even protects you when you’re a pedestrian, a passenger in somebody else’s car, or when you’re using public transportation.   When Would I Need Additional Liability Coverage? If you own a house or other property, you should opt for higher limits for liability in case you’re sued by somebody else. Most homeowners have at least $100,000 in coverage, and many choose to purchase umbrella policies of $1,000,000 or more. The best way to make sure you’re properly covered is to discuss your coverage needs with an insurance broker or an experienced California injury claim lawyer.

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| Read Time: 2 minutes | Personal Injury

What To Expect When You File a Lawsuit in an Injury Case in California?

If you’ve been injured in an accident in California that was caused by the negligence or recklessness of another person, you may be entitled to collect a substantial amount of compensation. How much you collect will depend how serious your injuries are, how much time you lost from work, and many other factors. You know that collecting money damages can help your family recover financially from the impact of your injuries, but the thought of a lawsuit is intimidating. No worries – an experienced California civil litigation attorney can guide you through the process, and help you collect the compensation you deserve.   The First Step Is Filing a Complaint Lawsuits are commenced by injured persons, called “Plaintiffs”, serving a “Complaint” on the people and/or companies that are responsible for their injuries, who are called “Defendants.” For a car accident this might be the driver of a car that hits a pedestrian or the driver of another vehicle that goes through a red light. It could be the owner of a supermarket with a slippery floor, the manufacturer of a defective product or the owner of a dog that bit you.   Next, You’ll Be Served With An Answer In California, the Defendants have 30 days to respond to the complaint. They can either file an “Answer” admitting or denying each allegation in the complaint or a “Motion to Dismiss” the “Complaint.” A “Motion to Dismiss” will only be successful if the “Defendants” can prove that that none of the facts alleged in the “Complaint,” are sufficient to state a cause of action. A “Motion to Dismiss” will not be granted if any facts are in dispute. That’s why the more common response to a “Complaint” is an “Answer.”   The Discovery Process The bulk of the litigation process is the exchange of information known as “Discovery.” This includes requests for production of documents, depositions, and other methods of collecting testimony and evidence. For complicated cases, the discovery process can last for years.   Settlement or Trial Once the evidence has been exchanged, an experienced California civil litigation attorney will try to settle the case prior to trial. Preparing a strong case will usually result in a very high settlement amount, making a trial unnecessary.

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| Read Time: 2 minutes | Personal Injury

Can Family Members Sue For Wrongful Death In California?

                          Family members can recover damages when a close relative has died due to a wrongful act that results in death. You can bring a claim for wrongful death in California within two years of the injury that caused the death. Wrongful death cases in California are complicated, so it’s important to work with an experienced Turlock, Monterey, Modesto, or Merced, California Wrong Death attorney that can properly assert your claim and collect the highest possible amount of compensation for your loss.   Who Can Bring A Wrong Death Claim In California? The California Code of Civil Procedure (CCP,) Section 377.60 specifies that the following family members have standing to assert a claim for wrongful death: A surviving spouse or domestic partner; Children; Grandchildren, but only if the if all the children are diseased; Stepchildren, but only if they were financially dependent on the deceased; Other parties that can show they would be entitled to collect money from the deceased person’s estate.   What Types of Cases Give Rise To Wrongful Death Claims? Any type of case that is based on negligence, recklessness, or intentional wrongdoing can be the basis for a wrongful death claim. These are some examples: Traffic Accidents including car accidents, truck accidents, pedestrian knockdowns, hits and runs, and drinking and driving accidents; Slip and Falls Medical Malpractice Product Liability Sports Accidents Dog Bites   The laws governing the specific type of case will apply. For example, the laws providing for “strict liability” for product liability and dog bite cases will also apply to the California wrongful death case.   California Wrongful Death Attorney An experienced California wrongful death attorney can collect money for families to compensate them for the following types of losses: Financial support from the deceased; Funeral and burial expenses; Loss of household services; Loss of love, companionship, and affection Loss of moral support and guidance   If the deceased died instantly, the claim is limited to wrongful death. If the deceased suffered from their injuries before they died, it is also possible to make a claim for pain and suffering. If your loved one was killed due to the negligence, recklessness, or intentional act of another, you should call an experienced Turlock, Monterey, Modesto or Merced, California Wrong Death attorney to discuss making a claim.  

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| Read Time: 2 minutes | Personal Injury

What to Expect When You Make an Injury Claim in California

If you’ve been injured in a car accident, dog bite, slip and fall, or any other type of accident, you are probably considering making a claim for compensation. You’ve heard that people can collect money when they’re injured, but you’re concerned that the process might be time consuming and stressful. It’s good to know that with the help of an experienced Turlock, Monterey, Modesto, and Merced California injury claim attorney, you can collect the money you’re entitled with little time and effort on your end.   Initiating Your Injury Claim In California The first step is to meet with your California injury claim attorney, either at his office or virtually. If your case has merit, your attorney will ask you to sign papers retaining him as counsel and giving him the legal right to represent you. He will send a letter to the persons and/or companies that injured you, advising that you are being represented and requesting that they preserve all evidence related to your accident. An investigation will be initiated to collect evidence to support your claim while you continue to receive treatment for your injuries.   Negotiations and Settlement When you have received the maximum benefit from your treatment, your attorney will request medical reports from all of your doctors and therapists. Your medical records, evidence of lost earnings, and other relevant materials will be sent to the insurance company with a demand letter. Negotiations will commence between your attorney and insurance company with a view towards reaching an agreement that could avoid the expenses of litigation. If the insurance company is unwilling to make a reasonable offer to settle your case, your attorney will start a lawsuit. Negotiations will continue during the lawsuit, and most cases are settled at some time prior to trial. Hiring an experienced Turlock, Monterey, Modesto or Merced, California injury claim attorney will ensure that you receive the highest amount of compensation possible for your injuries.

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