Articles Posted in Personal Injury

In the early stages of an injury claim, it is difficult to predict when the claim will actually settle. Some cases will settle only months after the injury, while others may take years to reach settlement or trial. Furthermore, your lawyer will wait for your complete or near recovery before trying to settle.

Consider the following:

• What is the total medical bill?
• Do I need any further medical 
treatment?
• If I need further medical treatment, 
what is the expected cost?
• Are any of my injuries permanent?
• If I suffered any permanent injuries, 
have they affected my earning 
capacity?
• What is the total amount of income 
and other employment benefits that I 
have lost as a result of my injuries?
• Do I foresee any further loss in income because of my injuries? 
As the case progresses, your lawyer will be able to estimate exactly when the case should be ready for settlement. 


How Long It Takes to Reach Settlement After the First Letter of Demand?

Under the California Government Code, if you have been injured as a result of the negligence of any government entity, you are given six (6) months from the date of the injury to file a claim against the public entity.  A public entity consists, but is not limited to the following entities:

1. City or County Vehicles (including but not limited to buses, trains, police cars, trash collection vehicles,             parking enforcement vehicles, etc..);
2. The negligent act of a City or County employee;
3. A design defect in the way a road is constructed;
4. Failure to Maintain City or County Property (including, but not limited to public sidewalks, etc…)
5. Injuries that occur on City or County Property (door falls on student in public school, slip and fall on wet floor in a County Courthouse, etc…)

It is prudent, when you are filing the claim to file one against the City and the County where the injury occurred.  (Please note that in California the claims is deemed filed and received on the date it is mailed due to what is termed the “Mailbox Rule”, therefore it is important that you send your claim form through Fed Ex or Certified Mail so that you have proof of mailing).  Most cities and counties have these claim forms on their website and they are usually named “Claims for Damages.”  Once you have filed the claim with the City and County in which the injury occurred, the county has approximately 45 days to respond to the claim.  Should the city or county fail to respond after 45 days, the claim is deemed denied.

At the conclusion of the 45 day time period or upon receipt of a Notice of Rejection of Claim from the City or County you, again, have six (6) months from the 45 days or the date on the Notice of Rejection of Claim letter to file a lawsuit with the appropriate court.  Should you fail to file the Complaint within the six months allotted, more likely than not you have lost your right to sue the public entity.  The Code does state that should the public entity fail to respond at all to your claim in writing, you have two (2) years from the date of injury to file a complaint against the public entity.  However, to avoid any grief, it would be prudent to file the claim within the standard six months window to avoid having to prove to the Court that the government entity did not comply with the rejection notice.

Aside from being overwhelmed by personal injury and property damage, after an accident you may be unable to work due to your injuries.  Even worse, in many cases, an individual due to the nature of his or work is unable to resume their profession at all.

Should you be unable to resume work after an accident, it is imperative that you contact a personal injury attorney immediately.

An experienced Los Angeles personal injury attorney will help you to be reimbursed for what is termed your “loss of earnings.

One of the most important reasons to contact an experienced accident attorney right after the auto accident is to help you streamline getting your car repaired or getting financial reimbursement for your property damage.

Oftentimes, despite the fact that you think the other guy was at fault for the accident, his/her insurance company will refuse to accept liability for the accident pending a long drawn out review of police reports, witness statements and recorded party statements.

This is one major reason to contact a personal injury attorney immediately after the accident.

When involved in an auto accident, or any other type of serious injury accident, aside from the amount of damage sustained by your vehicle, probably the most important factor in determining the amount of compensation you receive from a defendant’s insurance carrier is the expenses you incur to receive medical treatment related to your injuries. Therefore, it is of the utmost importance that you seek appropriate medical treatment. In California, the adjuster and, possibly a jury should your case proceed to trial, will look to determine if the medical treatment you received was reasonable and necessary. That means that the parties reviewing your claim will look to determine if the medical treatment you received was necessary considering the extent of your injuries and also whether the amount and cost of treatment was reasonable.

One of the factors used to determine whether the amount and cost of treatment was reasonable is whether or not other physicians similarly situated in your location would have provided similar treatment at a similar cost. Also, the length of time you treat will be evaluated. If it is found that you treated in a manner unwarranted by other physicians, your claim for compensation for past medical expenses will be more difficult to support and you will lose credibility with the insurance adjusters.

It is, therefore, important to contact an attorney immediately after the accident, even if you have health insurance.  An experienced personal injury attorney, can also secure medical treatment on a lien basis.

Slip and fall accidents happen for a variety of reasons.  However, they can mostly be caused by the following:

1. Failure to maintain the premises by the owner. The owner or the manager of the premises should frequently inspect areas and keep them free of debris, liquid, or anything that could cause a fall and repair broke tiles or pavement, sidewalks or damaged carpet.
2. Defectively constructed building. A defective design or construction of a premises can also cause a fall accident.  Missing guardrails, poorly constructed stairs or other building code violations are not as easily discoverable, until an accident happens.
3. Poor lighting. Proper lighting in and out of the buildings need to be maintained.

Broken bones, fractures, back injuries, herniated disks, disk bulges, head injuries, ankle sprain and strains, wrist or hand injuries are common results of slip and fall accidents.

Before you suffer any injuries in a slip and fall accident, you can take the following preventative measures:

A bicyclists was killed in a crash, involving an SUV in Irvine.  The cause of the accident is under investigation.  The 42 year old victim was a San Bernardino Sheriff Deputy.

Unfortunately, bicycle accidents often result in serious injuries or even death.

For tips regarding bicycle safety, or to consult with an experienced bicycle accident attorney, you may contact one of our local offices.

This month, a Riverside Transit Agency (RTA) bus driver, set off a chain-reaction crash, involving five vehicles, which resulted in serious injuries.  The injuries included an almost severed leg, serious wounds and minor injuries to other drivers.

This bus accident, also involved a box truck and several passenger vehicle. According to the California Highway Patrol (CHP), the bus driver’s inattention was a contributing factor.

With offices in Temecula, Rancho Cucamonga, Irvine, Los Angeles, and Huntington Park, Sharifi Firm, APC is ready to help injury victims throughout Southern California. For an evaluation or a free consultation, please contact us today!

On August 19th, 2011, an Irvine woman died of injuries resulted from an accident in San Bernardino, when her car went off an embankment.  The 34 year old woman was pronounced dead at the scene, according to the San Bernardino County Coroner’s Office.  According to the California Highway Patrol, no other vehicles were involved.

This unfortunate incident could be the result of driving at a high rate of speed, which is one of the leading causes of injuries on the roads.  California Vehicle Code Section 22350, prohibits driving at a speed that is not safe for conditions.  This general provision is meant to keep drivers from driving in a manner that can jeopardize the safety of the public at large.

If you or anyone you know is injured as a result of someone’s negligence please contact one of our offices in Los Angeles, Huntington Park, Rancho Cucamonga, or Irvine and speak to one of our experienced personal injury lawyers for maximum compensation.

Many of us will be on the local roads this holiday weekend.  Increased traffic and intoxication by irresponsible drivers, make for a dangerous journey for travelers.  With many of the destinations, such as Las Vegas, San Diego, Los Angeles and many attractions in Orange County, in our backyards, we will face much of the traffic, even if we choose not to travel.

The following tips will certainly reduce chances of accidents and injuries:

1. Take alternate routes, avoid busy highways;
2. Avoid peak times, by altering travel plans;
3. Allow enough time, and avoid getting on the road when you are tired or sleepy;
4. Never drink and drive;
5. Practice defensive driving, avoid aggressive behavior on the road;
6. Make sure your vehicle is safe to drive – check your brakes, brake lights, head lights, tire pressure.

Have a safe and happy 4th of July weekend.  Feel free to contact us with any questions or inquiries.