Pain and suffering is a type of non-economic damage that is not quantifiable in dollars and cents. It refers to the physical and emotional pain that a person experiences as a result of an injury. In California, pain and suffering damages are typically calculated by a jury, who will consider factors such as the severity […]
What happens in a car accident if I don’t have auto insurance?
This situation is governed by Prop 213. In 1996, California voters passed Proposition 213, also known as the “No Pay, No Play” law. This law limits the recovery of non-economic damages, such as pain and suffering, for uninsured drivers in California. If you were injured in a car accident and you were an uninsured driver, […]
I was bit by a dog on the street…Can I get compensation?
Frequently, people are injured outside of the home. Many of these accidents involve cars and auto insurance. But in the times they don’t, many people wonder who will pay for the injuries another caused.A good example is a dog bite when a neighbor’s dog gets loose. Even though it didn’t take place at their home, […]
Injured in a Rideshare Accident?
If you were injured in an accident caused by a rideshare vehicle like Uber or Lyft, you can make a claim for compensation. You can receive amounts for medical expenses, lost earnings and pain, suffering and inconvenience. If you are seriously injured, you should call 911 and take an ambulance to get medical attention as […]
Will an Uninsured Motorist Claim increase my insurance rates?
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 […]
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 […]