Southern California Injury Lawyer Blog

Most workers’ compensation claims involve only two parties – the employee and the employer.  However, if a third party’s negligence causes injuries to the employee, there are other options available to the injured individual.  Most common scenarios where this situation arises are when an employee is involved in an auto accident, trucking accident, pedestrian accident, motorcycle accident or construction site accidents.

Contacting an injury lawyer at the early stages of the process is very important.

The workers’ compensation case is handled through the Workers’ Compensation Appeals Board, while the case against the negligent third party is handled in the state superior court.   Not only these two cases are handled separately, but also the injured individual is entitled to different benefits and damages under each case.

As in any type of accident, it is always a good idea to contact an experienced injury lawyer for advice regarding your rights and responsibilities.

However, the following simple, yet important steps can and should be taken by a person who is a victim of a hit and run accident:

1. Call 911.  As soon as you feel that you have been a victim of a hit and run accident, you should call the authorities to report it.   This will increase the chances of the run away driver being arrested and brought to justice.
2. Write down the license plate number along with any identifying description of the vehicle or the driver.
3. Obtain contact information of any witnesses at the scene of the accident. 
4. Take pictures of the scene.   Take as many pictures or videos of the scene, broken glass, skid marks and debris left behind.
5. If you are injured, seek medical attention immediately.
6. Contact a California Hit and Run Accident Attorney immediately

Hit and run accidents present complicated legal issues such as negligence law, insurance coverage issues, governmental benefits, and often elements of criminal law.

As I was pondering the subject of my next blog entry today, I got a call from a client who was just involved in an auto accident a few days ago. The facts of the accident clearly suggest that the other party is responsible for the accident and she is badly injured. Her and her passengers were all taken to an emergency room and have been unable to go to school or work since the day of the accident. What she told me next is what gave me the idea to write this entry.

The day after the accident, and soon after her release from the emergency room, an adjuster from the responsible person’s insurance company, paid her visit at her house. He took pictures of her injuries and insisted to get a recorded statement from her regarding the facts of the loss, her injuries, medical treatment and a whole list of other things that had nothing to do with the accident or her claim. Although, she was initially impressed by the speed with which her claim was being handled, she soon began to feel pressured and intimidated by the aggressiveness of the insurance company’s tactics. Within two days she gets a settlement offer and is told that all she needs to do is to sign a document to receive a check to pay her bills.

Even though, I have heard this story many times in the past, it still infuriates me to hear it every time. Unfortunately, in an ongoing effort to limit payout on claims, adjusters often use unethical, immoral and sometimes illegal tactics to secure an early settlement. When an insurance company adjuster, attorney or representative makes such a quick offer, it should raise a red flag in your mind. You should ask yourself; why are they in such a rush? What other expenses and costs am I going to incur in the future? What is the true extent of my injuries? What are my rights? These are the types of questions that an experienced personal injury lawyer can help you get answers to.

Pedestrians are most vulnerable when it comes to injuries resulting from negligent acts of drivers on our roads.   Injuries arising out of auto, motorcycle or truck vs. pedestrian accidents tend to be more serious than other types of injury accidents. Unfortunately many pedestrian accidents result in permanent injuries such as loss of limbs, paralysis, scarring and even death.

According to a National Highway Traffic Safety Administration study about 13% of all traffic accident fatalities involve pedestrians.  According to the same study almost 70,000 pedestrians are injured annually on US roads.

Victims of pedestrian accidents usually are overwhelmed with the reality of not being able to work and take care of their personal and family’s financial needs. An injured person maybe entitled to recover damages such as medical expenses, loss of earnings, cost of in-home care, future medical care, loss of earning capacity, and pain and suffering.

Drunk drivers pose a disproportionately higher risk to everyone on public roads and highways.  Accidents involving drunk drivers involve complex legal issues that can be best handled by a personal injury attorney.

If you are a pedestrian, motorcyclists or driver of a car and have been injured by a drunk driver, you maybe entitled to recovery for your injuries.    Other than special damages such as medical bills, loss of earnings, property damage and general damages such as pain and suffering, you may also obtain punitive damages which is designed to punish the defendant.   

Drunk driving victims may also be entitled to restitution if the drunk driver is prosecuted for the offense.  This would be in form of a direct payment from the drunk driver to the victims and is part of the criminal case proceeding.

We are often asked by our clients about insurance coverages required by law in California.  The California Insurance Code Section 11580.1b requires all passenger vehicles to carry liability insurance coverage with the following minimum limits:

• $15,000 for injury/death to one person.
• $30,000 for injury/death to more than one person.
• $5,000 for damage to property.

Although the law only requires the above-listed coverages, we often recommend that our clients consider purchasing the following additional coverages:

1. Comprehensive Coverage for your vehicle in case of vandalism or theft;
2. Collision Coverage for your vehicle in case an accident;
3. Uninsured Motorist Coverage for injuries to occupants of your vehicle in case of an accident caused by an uninsured driver;
4. Underinsured Motorist Coverage for injuries to occupants of your vehicle in case of an accident caused by a driver who is not adequately insured;
5. Medical Payment Coverage for medical bills of the occupants of your vehicle, incurred as a result of an accident regardless of fault. 

These coverages may not be appropriate for everyone.  Please feel free to contact a California car accident lawyer in our office with any questions regarding your insurance coverage.

Being involved in an accident can be a very stressful and overwhelming experience.  Injuries resulting from an accident can cause great pain and anguish for the the victims.  A personal injury attorney can assist an injured person by securing medical treatment and dealing with the insurance companies. 

Insurance companies are in the business of making money, not giving it away!    Without an attorney, injured persons are at a disadvantage in dealing with insurance adjusters and insurance company attorneys. Most people are not aware of the full extent of their rights under the law.  An injury lawyer will represent the interests of the injured parties on a contingency fee basis.  This means that there would be no FEES, if there is no RECOVERY!!!

No two cases are alike.  Therefore, it is important to contact an experienced California injury lawyer to evaluate a particular case and evaluate it based on the details of the facts and particulars of the injuries.