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 […]
Personal Injury
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 […]
I was bit by a dog! What do I do?
In California, dog bites are treated specially. California Civil Code Section 3342 says: ” The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the […]
How can I pick the best lawyer for my personal injury case?
Finding the right lawyer can be tough! Your lawyer should have experience with your type of case. Your lawyer should have a track record of success. Your lawyer should have the respect of his or her peers. Your lawyer should be willing and able to fight vigorously for your interests while acting with solid ethics […]
Will my personal injury lawyer file suit?
Most claims are settled before a lawsuit needs to be filed. When you hire a lawyer, they will usually gather all the documentation and prepare a demand package. That package is sent to the other party’s insurance (assuming they have insurance) and the attorney will try to negotiate a settlement to avoid the time and […]
Can a claim help me get compensation for my person injuries?
Yes. If you’ve been injured through the fault of another, you have the potential to receive “compensatory damages” –money to compensate you for: Medical bills Lost earnings Pain and suffering Any resulting physical disability, disfigurement, or scarring Emotional distress Mental disability Property damage In rare cases, you might also be able to win “punitive damages” […]
Do I have a personal injury claim?
First, to determine if you have an injury claim, determine if you have been physically injured. Have you been to the doctor or a hospital? If you have been treated by a medical provider they would likely verify that you were injured. Next, ask did some other person or entity cause your injury? If you […]
I’ve just been injured. What should I do?
First things first: take care of your injuries. Seek medical attention at the hospital or from qualified physicians. Your health is the most important thing you have – don’t neglect it. Once you have sought treatment and you know you have an injury, you should call an attorney. In California, in most cases, you have […]
What did the insurance adjuster mean?
I frequently get calls where a prospective client tells me something the insurance adjuster for the other side said to them. And people are often confused and misunderstand. So I’m going to clarify a few terms and phrases so you better understand what the adjuster is telling you. First off, some background about insurance companies […]