San Diego Injury Accident Lawyer Tells You to WAIT Before Accepting a Quick Settlement

December 28, 2018 Injury Lawyer San Diego 0

If you have ever been injured in an accident, you may have experienced one of the new tactics that are being used by insurance companies to improve their bottom line at your expense: the quick, small offer to settle.

San Diego personal injury lawyer looks at this new tactic and cautions injury accident victims to be cautious when deciding “should I accept the insurance company’s offer” in this important article.

Answers to Personal Injury, Wrongful Death, and Car Accident Questions

Q: I was just involved in an accident and the insurance company offered me $1,000 with the promise that they would also pay all my health care for the next three months.  Should I accept their offer?

A: You should never accept a settlement offer from the insurance company unless you are done with treatment or you know what the total cost of your medical care will be.

The insurance companies–most notably Progressive, Mercury, and Allstate–have adopted a new tactic in California to ensure that they reduce the amount of settlements they pay out:  They try to get to the injured person immediately and offer cash quickly and a promise to pay for medical care up to a certain amount of time.  These insurance companies hope that the injured person, who typically does not want to hire a lawyer or be involved in a lawsuit, will accept a paltry amount for their pain and suffering (usually $1,000 or so) and the promise to pay for the injured person’s health care for a limited amount of time.

Here is why you should not accept this offer: you do not know how injured you are within a few days of the accident.  Shortly after the accident, most people are sore and have limited range of movement.  These symptoms could be a simple soft tissue injury that will resolve in 4-8 weeks or it could easily just as be the symptoms for a more serious injury that requires surgery.  Unfortunately, you and your doctors won’t know until you have undergone a conservative health care plan for several weeks and until you typically undergo an MRI.

But, in addition to that reason, the paltry sum of money offered by the insurance company can really only be attributed to the value of your “pain and suffering” and inconvenience following the accident (since they are offering to pay for your health care too).  $1,000 for this damage is too small except for the most trivial and minor of accidents.  Don’t sell yourself short.

Before you settle a California personal injury claim, contact an experienced injury accident attorney to advise you whether you are making a good choice.

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Elderly Woman Hit in Ventura Car Accident

December 27, 2018 Injury Lawyer San Diego 0

77-year-old Carolina Alamillo was injured in a car crash that occurred on December 21, 2011, around 4 p.m. on Saticoy Avenue in Ventura. According to the police, Alamillo was walking south on Saticoy Avenue in a marked crosswalk when she was hit by a vehicle driven by 22-year-old Yesenia Estrada.

The driver was turning a corner and did not see the pedestrian. Alamillo suffered serious injuries and was immediately transported to a nearby hospital for treatment. Was the driver speeding or distracted? Since the elderly woman was walking on a marked crosswalk, the driver appears to be at fault for causing this accident.

At this time, the victim’s family members should immediately seek counsel from an experienced Ventura County car accident lawyer who would educate them about their legal rights. Alamillo’s family members may file a personal injury claim against the car driver to obtain compensation to cover medical, hospital and treatment cost, loss of wages, loss of earning capacity, and other accident-related damages.

Our personal injury law office hopes that the injuries suffered by the pedestrian heal soon and do not prove fatal.

Understanding the Dangers of Fatigued Trucking

December 26, 2018 Injury Lawyer San Diego 0

Truck driver fatigue and its link to dangerous truck accidents has long been a subject of scrutiny, but the issue has come into focus even more in recent years due to new studies and increased federal regulations on commercial truck drivers. However, fatigued and drowsy driving are still a common occurrence in the trucking industry with many companies encouraging drivers to push past regulations, according to The Trial Lawyer.

In order to prevent fatigued truck accidents, the Federal Motor Carrier Safety Commission (FMCSA) has established strict Hours of Service (HOS) regulations. These rules demand that truck drivers and their companies operate with time restrictions regarding how long a driver can operate his or her vehicle and when he or she must take a break or go off duty. Those who violate HOS regulations can be penalized by the FMCSA, but drivers and companies can falsify records and log books which are meant to keep track of truck operation in order to slip past these regulations.

Truck accidents can result in devastating injuries and death for those involved, especially those in smaller passenger vehicles or pedestrians. The massive size and weight of tractor trailers coupled with the speed of the vehicle can easily crush vehicles involved in an accident. Fatigue can lead to truck drivers making mistakes and reacting poorly to emergency situations, thus increasing the chances of an injury accident.

A truck accident can quickly lead to life-altering injuries for those involved, and when driver or company negligence leads to such an incident, victims have the right to seek compensation for their losses. The San Diego truck accident injury attorneys can aid you in your injury case by using their years of experience to your advantage. Contact us today for more information on how we can help.

Motorcycle Accident on Interstate 15 Leaves San Diego Biker Injured

December 24, 2018 Injury Lawyer San Diego 0

A motorcycle accident on Interstate 15 just south of the Scripps Poway Parkway in San Diego left the motorcyclist injured and slowed traffic for several hours, according to a recent news report from CBS 8.

The accident occurred when the motorcycle’s front wheel failed, causing it to swerve and strike the median. The motorcyclist was thrown from the bike during the crash. Rescue workers took him to a local hospital, which has not released a report on his injuries. Investigators are still trying to determine what caused the accident.

Fatal Hit-And-Run Freeway Crash Kills Tow-Truck Operator

December 24, 2018 Injury Lawyer San Diego 0

40-year-old Christopher Barton Tatro was killed in a tragic hit-and-run car collision that occurred on December 17, 2011, around 2 a.m. on 91 Freeway in Riverside. According to California Highway Patrol, Tatro was loading a disabled vehicle onto his flatbed truck on the side of the eastbound lanes of the freeway near Monroe Street when he was hit by a tan sedan, possibly a beige late-1990s Saturn.

The car veered from the number five lane into the left side of the tow truck and then struck Tatro. The collision threw Tatro about 60 feet into traffic lanes. He suffered massive injuries to his legs and torso.

Tatro was immediately transported to Riverside Community Hospital where he was later pronounced dead around 4:20 a.m.

From the available information, it appears that negligent and distracted driving of the sedan driver contributed to this serious multiple vehicle collision. If it is found that the sedan driver was driving inattentively, then he may be held liable for this accident. Also, this sedan driver has committed the felony of hit-and-run, which is a direct violation of California traffic law.

The victim’s family members should immediately seek counsel from an experienced Riverside County truck accident lawyer who would educate them about their legal rights. The victim’s family may file a wrongful death claim against the sedan driver to obtain compensation to cover funeral and burial costs, loss of anticipated earnings, loss of love, care and companionship, and other accident-related damages.
Our personal injury law office sends sincere condolences to the victim’s family and friends.

San Diego Personal Injury Attorney Talks About Types of Collectible Damages

December 23, 2018 Injury Lawyer San Diego 0

If you have ever been injured in an accident, you know that you incur numerous costs and your bills can quickly run out of control. As a result, you may wonder what types of damages you may be entitled to as a result of the other person’s negligence and carelessness.

San Diego disability attorney answers this question for you and describes the types of damages available for accident victims in this important article.

What damages are you entitled to be compensated if you are injured in a California accident case? Find out here…

If you are involved in an accident and you are injured, you may be able to receive compensatory or punitive damages in your personal injury case.

Compensatory damages are intended to reimburse and compensate the injured victim for costs that have been incurred as a result of the accident or for losses which do not create a cost but are compensable nonetheless. Compensatory damages can be divided into two different kinds of damages: economic and non-economic. Economic compensatory damages are basically compensation for anything that has a measurable cost via a bill or invoice such as medical bills for past and future medical care, past and future loss of earnings and earning capacity, and damages to personal property. Non-economic damages are any compensable damage which does not have a bill or invoice such as physical pain and suffering, mental and emotional anguish, and loss of companionship and support. The goal of compensatory damages is to make the injury accident victim “whole” and to compensate for all losses.

Punitive damages are meant to deter future similar conduct by the defendant and to punish for egregious behavior. Typically these damages only are awarded in a small number of cases and only after there is a breach of contract or after a law is broken. Punitive damages are not awarded often and the State of California taxes punitive damages at a rate of 75%.

The majority of judgments and settlements only include money for compensatory damages.

Fatal Car Accident Kills Sun City Woman

December 23, 2018 Injury Lawyer San Diego 0

41-year-old Crystal Stevens, of Sun City, was struck in a tragic pedestrian accident that occurred on December 15, 2011, around 11:30 p.m. on McCall Road near Sherman Road in Menifee. According to the Riverside County Sheriff-Coroner’s department, Stevens was walking on McCall Road when she was struck by a car.

Stevens suffered life-threatening injuries and was immediately transported to Inland Valley Regional Medical Center for treatment, where she was pronounced dead a day later.

From the present information, it appears that the reckless driving and irresponsible actions of the motorist led to this serious car wreck that claimed one life. If the motorist is determined to have been at fault in this case, then he could be held responsible for pedestrian’s wrongful death.

Meanwhile, the victim’s family members should consult with an experienced Riverside County pedestrian accident lawyer who would help them obtain timely compensation to cover funeral and burial costs, loss of future earnings, loss of love, care and companionship, and other accident-related damages.

Our personal injury law office sends sincere condolences to Stevens’ family members and friends.

Understanding the Symptoms of a Traumatic Brain Injury in San Diego

December 23, 2018 Injury Lawyer San Diego 0

Our bodies are built to withstand trauma and impact in a variety of accidents; however, there are many times when the human body cannot cope with the injuries suffered in an accident. One of the most serious and long-lasting forms is a traumatic brain injury (TBI).

A head injury accident can occur in a variety of manners ranging from sports accidents to car crashes. While some are readily noticeable, many TBIs can go undetected without an understanding of the signs. To protect yourself and loved ones from TBIs and the dangerous effects of leaving one untreated, be on the lookout for these symptoms as listed by the Mayo Clinic:

Mild TBI

  • Temporary loss of consciousness or a state of confusion and disorientation;
  • Headache;
  • Dizziness, nausea, and/or vomiting;
  • Mood swings, depression, or anxiety; and
  • Changes in sleep patterns, including difficulty sleeping or excess sleeping.

Moderate to Severe TBI

  • Prolonged loss of consciousness or profound confusion;
  • Loss of coordination, bladder control, and/or bowel control;
  • Dilation of one or both pupils;
  • Clear fluid draining from nose or ears;
  • Convulsions or seizures;
  • Unusual behavior, such as combativeness or agitation;
  • Persistent or worsening headache; and slurred speech.

Child TBI

  • Change in nursing, eating, and/or sleeping habits;
  • Unusually irritable or depressed;
  • Persistent crying and unable to be consoled;
  • Altered attention span; and
  • Loss of interest in favorite activities and/or toys.

Any and all of these symptoms may mean you or someone you know has suffered a TBI and requires immediate medical attention. Any form of traumatic brain injury can result in devastating consequences that can alter a person’s life forever. If you have suffered a TBI from the negligence or oversight of another, a San Diego ssi lawyer can help you win compensation to deal with your injuries from the responsible party. Contact us today for a consultation.

San Diego Accident Attorney Talks About the Role of the Independent Medical Examiner

December 22, 2018 Injury Lawyer San Diego 0

Who is the independent medical examiner? What is an independent medical examination (IME)?

The answer is that he is the primary witness against most personal injury victims and the IME is a time for the witness to meet, interrogate, and examine the victim in person–giving him more credibility at trial. San Diego injury lawyer answers this question for you and tells of the role of the independent medical examiner in litigation in this important article.

What is the “Independent Medical Examiner” and what is his role in your California injury accident case? He is the MAIN witness against you!

In most personal injury cases, the primary witness and weapon against the injury accident victim is the independent medical examiner. The word “independent” is misleading. It simply means this person, who is a doctor, is independent of the treating doctors for the victim. However, this person is employed and paid for by the insurance company of the wrongdoer whose negligence and carelessness caused the accident in the first place.

The independent medical examiner often examines the injured person at an independent medical examination (IME). The IME seems like a normal, everyday doctor’s examination but it is really a cross between a deposition and a physical and mental interrogation in which the independent medical examiner documents the record and tries to obtain as many “facts” as possible so that they can conclude that the injury accident victim is either not injured or not as injured as they claim.

Insurance companies hire independent medical examiners over and over again because they know what this witness will say about certain cases and they know that these witnesses will play ball and support the insurance company’s position at trial. It is not because the witness is any better of a doctor than the treating doctor. It is simply that the insurance company is hiring a doctor who will provide a predictable opinion.

Never attend an IME without an attorney or a medical witness such as a registered nurse (RN) who can observe and testify against the independent medical examiner at trial if the examiner attempts to perform an improper medical examination.

San Diego Injury Accident Lawyer Tells of Questionable Insurance Tactics that Harm People

December 22, 2018 Injury Lawyer San Diego 0

An honest and efficient insurance industry is essential for people to manage risks and make sure that valid injury claims from serious accidents are paid quickly. Without a quick and legitimate way of receiving compensation, people do not receive the compensation they deserve when they need it.

Unfortunately, the insurance industry regularly uses questionable tactics to keep from paying legitimate claims. San Diego injury accident lawyer tells of the tactics used by the insurance industry in this news report.

Insurance Companies Try to Increase Profits Through Questionable Tactics

Posted on Dec 20, 2009

A new free report from the American Association for Justice (AAJ), “Tricks of the Trade:  How Insurance Companies Deny, Delay, Confuse and Refuse”, tells how the insurance industry is increasingly using questionable tactics to increase their bottom lines at the expense of injured people and claimants.  This only harms the public who relies on an honest and efficient insurance system to compensate them for serious accidents.

The Report identifies the following common insurance company tricks:

  1. Denying Claims:  This is the most common tactic and is regularly employed by all insurance companies, including Allstate, State Farm, and USAA.  By denying valid claims, the insurance companies boost their profits because those are monies that will not be paid out.  Insurance companies have even been known to incentivize their employees to deny valid claims.
  2. Delaying until Death:  Insurance companies regularly delay claims in the hope that the claimant will die before the claim is paid or hoping that the injured person will give up or settle for less.  Many people do just that rather than stay the course.
  3. Confusing People:  You are not alone if you have ever been confused after reading your insurance contract.  They even confuse lawyers.  Insurance companies regularly use confusing agreements and language to discourage consumers.
  4. Discriminating by Credit Score:  Insurance companies determine premiums and insurance approvals based upon credit scores.  Lower scores pay higher premiums.
  5. Abandoning the Sick:  Insurance policy holders who are the most need of medical care are often targeted by the insurance companies and have their benefits cancelled to lower the amount of money paid out for health care.
  6. Cancelling for a Call:  Some people will call their insurance company to get a feel how filing a claim will affect their insurance coverage.  If the effect is too negative, they won’t file a claim.  However, just by making the call, the insured has essentially made a claim as far as the insurance company is concerned.  At renewal, the insurance company can use these phone inquiries to deny claims.