I speak with potential clients who were injured in car accidents by the fault of another driver, and sometimes those drivers are uninsured. Some people are reluctant to make a claim with their own insurance as they mistakenly believe their premiums will increase if they make a claim for their injuries and damages. But that’s […]
Ask the Lawyer
Do I have to reimburse a Capitated HMO after settling a car accident claim in California?
Many health insurance policies contain subrogation clauses. This means a person’s health insurance company can recover any money that it paid to the plaintiff or their medical providers from the person that caused the plaintiff’s injury (usually the defendant’s insurance company). Capitated plans are unusual because the capitated amount is a set fee paid by […]
Social Media and Your Personal Injury Claim
While going through the claims process for compensation after a personal injury, you should be careful in your use of social media (e.g. Facebook, Twitter, Instagram and even text messages ). Your posts could be shared in the courtroom to damage your case. Frequently, after an injury, people post on social media that they are […]
Did Covid affect my deadline to sue?
In California, most civil actions, like personal injury, have a deadline to sue the defendant. This is called a Statute of Limitations. During Covid-19, the CA state courts were closed for some time and as a result there was an emergency rule in response to the COVID-19 pandemic extending all statutes of limitations and all […]
Medical Treatment Without Health Insurance
Some of my clients, frequently after car accidents, don’t have health insurance. They are concerned they can’t receive medical treatment and see a doctor despite having serious injuries. In California, many uninsured injured claimants can be treated on a lien basis. This means that you do not need to have medical insurance or to pay […]
Can I have a concussion if I never lost consciousness?
People frequently contact me after serious car accidents complaining of Memory loss, Nausea, Headaches that worsen and unexplained Fatigue. These can be symptoms of a concussion or another mild traumatic brain injury. Even if you didn’t lose consciousness in an accident, you can still sustain serious, and sometimes permanent, brain injury. It’s important to get treatment […]
My car was repaired after an accident but is now worth less. What can I do?
California allows claims for diminution or diminished value. That means the owner of a vehicle might be entitled to recover the diminished value of your vehicle after an auto accident that wasn’t your fault. (A repaired vehicle is usually worth less than a vehicle that was never in an accident.) The statute of limitation on […]
Should I sell my right to Future Medical Care in my workers comp case?
First, it’s important to know about the two types of settlements in Workers Compensation claims. One type is a Stipulation. With a Stipulation, an injured worker receives an award of permanent disability payments based on a rating but also keeps the right to seek additional medical care in the future. In other words, the worker […]
How much will I receive while unable to work after a work injury in California?
Once your claim is accepted, you can received TTD (*Total Temporary Disability) for up to 104 weeks if the treating doctor says you can’t work at your job.Starting in 2022, the maximum and minimum payments are going up in California. The Division of Workers’ Compensation (DWC) announces that the 2022 minimum and maximum temporary total […]
I became infected with Covid at work. What are my rights?
In California, employees are entitled to workers compensation benefits if they contract Covid-19 at work. The state advises employers: “You should encourage workers to notify their employer and file a workers’ compensation claim if they think they contracted COVID-19 at work.”How do you prove you caught Covid at work versus exposure outside of work?California passed […]