Southern California Personal Injury Law Firm: FAQs

Some of the best personal injury law firms are found in Southern California, particularly in Los Angeles.
You can just walk down Wilshire Boulevard and you already have a wide array of law firm choices that you can choose from.
Due to the many law firms in the area, it can be difficult to make a choice.
To help you, here are some questions you need answered before choosing a personal injury law firm?
What is the law firm’s specialization?
There are a lot of Southern California personal injury law firms but there are also different types of personal injury cases.
The most common personal injury cases are:
• Vehicle accidents
• Slip and fall accidents
• Industrial and workplace accidents
• Defective product accidents
Choose a law firm that specializes in your case because the applicable laws are different for each.
How long have they been handling your type of case?
Typically, it is recommended that you hire the services of a personal injury law firm who has at least 5 years experience in handling cases similar to your own.
The longevity of the law firm usually indicates that they have been successful in the past.
How successful have they been in handling cases similar to your own?
Ask them about how successful they have been in litigating cases similar to your own.
Some law firms post the cases they have handled in their website so you can review it as well.
Have they dealt with the insurance company that you are currently making a claim to?
Although this is not really a requisite, it would be in your advantage if the law firm you are going to hire has successfully dealt with the insurance company who is handling your claim.
With this, you know that the law firms know which moves will force the insurance company into a settlement.
Do they take cases in a contingency basis?
As much as possible, hire a law firm that will take your case in a “No Win, No Fee” basis to minimize risk and to be sure that the law firm will do all it can to ensure the success of your case.
Besides, if they don’t they will not get paid.

Finding a Good Car Insurance Policy:Tips

Having car accident insurance is a must for all vehicle owners in California;

without it, you can be held responsible for having no financial responsibility that will take care of damages if ever you cause a car accident in the future.

The exact liability coverage requirements in California are as follows:

• $15,000 liability coverage for injury or death of one person

• $30,000 liability coverage for injury or death of more than one person in once accident

• $5,000 liability coverage for property damage

What you should think about next is how to choose the best car accident insurance policy.

Choosing the first insurance company you see can cause disastrous results in the future.

There are insurance companies that have a bad track record in covering their policy holders and there are also those that have no financial stability that it is bound to fold in a few years.

To help you, here are some tips to find a good car insurance policy:


Check other options with California DMV

Car accident insurance policies is the most preferred option for financial responsibility but if you think this is not for you, there are other options as well including:

• $35,000 cash deposit with the DMV

• DMV issued self-insurance certificate

• $35,000 surety bond from a company licensed to conduct business in California


Check the California Department of Insurance
The website has a wealth of information regarding different types of insurance policies, which includes car accident insurance.

They also have a list of recognized car insurance providers with their contact numbers.

Know the coverage that you need
As much as possible, do not settle for just the liability coverage as this will only take care of injuries and property damages on the other car and not yours.
Other coverage you may want to avail are:


• Personal injury protection

• Comprehensive coverage

• Uninsured and underinsured motorist coverage


Check the insurance companies that are recommended by body shops
Body shops interact with insurance companies in a daily basis so they can recommend those who are easy to work with and those that can be problematic.

Check the JD Power Ratings
JD Power rates the different insurance providers based on data from policyholders.
This can help you gauge how each insurance provider stack up against their competitors.

Check Insurance provider’s financial strength
Check the insurance company’s Standard & Poor ratings; this way you can also gauge their ability to actually make a payout when you make a claim.

Damages that may be received in Fatal Car Accidents

Every day, at least one fatal Los Angeles car accident occurs along the city’s highways and interstates. There are a lot of factors as to why such accidents still occur. However, one thing is for sure: the victim of an accident deserves to be compensated upon.

Damages or compensation is awarded to the victim in order to restore their financial state before the accident occurred, and also to help them adjust to the new life that was changed by the accident. The damages are provided by the person who is at fault for the accident.

Car accidents fall under personal injury cases. And in this kind of lawsuit there are different types of damages that the victim can receive.

Compensatory Damages

These are awarded to the injured in order to replace the amount incurred by the injury and nothing more. The amount of the compensatory damage is based on fair market value and not on purchase price. There are two types of losses that are paid by these damages.

• Monetary – From the name itself, these losses are the amounts of money lost due to the injury. Monetary losses include the following.

o Cost of living with disability
o Funeral charge
o Lost wages
o Medical cost
o Property repair
• Non-Monetary – These losses cannot be measured financially. These include:
o Embarrassment
o Pain and suffering
o Loss of consortium

Punitive Damages

Otherwise known as non-compensatory or exemplary, punitive damages serve as punishment or a criminal fine paid by the person at fault for the accident. While accidents are considered an act of negligence rather than malicious, it still does not guarantee that the person liable won’t be slapped with this fine.

Nominal Damages

Nominal is a small amount given to the victim who may not have suffered a significant injury, but has been a victim in some other way (e.g. breach of duty). The amount will depend on the situation.

Treble Damages

A treble damage simply is the total amount of compensatory damages multiplied by three. Statute of certain cases allows courts to award the plaintiff treble damages.

Liquidated Damages

Liquidated damage is monetary compensation for the loss or injury of a person and property. A certain amount is awarded when contracts that involve money or action are breached by one of the parties involved. However, there are certain conditions that must be present in order for liquidated damages to be recognized.

Driving Under Influence (DUI) laws and penalties

Driving Under Influence (DUI) violation is one of the leading causes of fatal motorcycle accident in California. The unprotected body of the motorist exposes him to injuries during accidents or collision with a vehicle. The impact can cause fractured bones and amputated arms/ legs.

Worse, the head and spinal cord may be severely injured. If this happens, vital functions may collapse and a cardiac arrest will occur.

While some intoxicated motorists are lucky to survive an accident, the effects of traumatic brain injury or amputation may leave him/her dependent on external support system for life.

Because of the increasing violation in DUI law, the National Highway Traffic Safety Administration (NHTSA) implements stricter regulations against drunk motorcycle riders.

DUI law on motorcycle includes:

1. Prohibition on the operation of motorcycle while impaired or intoxicated by alcohol or substance.

2. Prohibition on the operation of motorcycle if the Blood Alcohol Content (BAC) test shows beyond 0.08 percent limit.


California Highway Patrol (CHP) officers may ask suspected intoxicated motorists to stop, pull over, and undergo field sobriety test. It includes psychomotor and mental activity that aims to assess the impairment. Examples are: Eye and penlight test, straight line walking, and practical mental tests.

If the motorcycle rider fails to pass the field sobriety test, the police officer may conduct the Blood Alcohol Content (BAC) test using a Breathalyzer. If the motorist has a high percentage of alcohol content, and has risked or caused an accident; police officers may take him to a hospital and have him undergo a urine or blood test.

California has implied consent laws that make every motorist obliged to undergo chemical test, if intoxication symptoms are evident. The acceptance of driving privilege includes the acceptance for the responsibility to avoid intoxication as it may risk safety or injure other motorists or civilians.

Refusing to undergo field sobriety test and chemical test has corresponding penalties under existing state laws. License can be suspended for six months up to one year.

The state of California also implements zero tolerance law among motorcycle drivers under the age of 21. It means that no trace of alcohol in the young motorists' body should be found.

The state of California is serious in implementing heavier penalties for DUI violators. It includes suspension of license, probation, fines, community service, and imprisonment. The penalty increases as the DUI violation is repeated.

Heavier penalties also apply when there is a child in the vehicle, or the DUI violation caused injury or property damage.

If you are convicted of DUI, you may consult with a Defense attorney in Los Angeles to help you lessen the penalty, or clarify your fault in a property damage or accident.

The Dangers of Amusement Rides and Theme Parks

Amusement and theme parks are popular destinations for people who want to have fun with their family, friends, or loved ones. However, there are amusement park visitors who do not enjoy any of these. Instead, they get hurt and injured because of amusement ride accidents. In worse cases, unsuspecting amusement riders are even killed in these unfortunate accidents.

Due to the significant number of injuries and fatalities concerning amusement rides, the federal government has released a number of guidelines for amusement parks to follow in order to prevent injuries and fatalities. These guidelines are enforced by an agency called the Consumer Product Safety Commission (CPSC). The following are some of the most common causes of amusement ride injuries and fatalities today:


• Ride equipment or component failure – Rails or certain machineries involved with the ride’s functions may not operate well.

• Operator’s fault – If the operator is not specialized in operating the ride, he may accidentally cause accidents.

• Rider’s fault – Riders who do not follow the proper riding procedures of the ride often end up injured or killed in an amusement park accident.

• Uncontrolled situations – Visitors with certain health conditions, such as heart problems, should not board amusement rides to prevent injuries and even deaths.

If you love taking your family or loved one to amusement parks for enjoyment, here are a few reminders you should remember to avoid getting injured in an amusement ride accident:


• Inspect the theme park’s general appearance – Oftentimes, larger and more popular theme parks have safer rides than amusement parks in small towns and villages.

• Read and follow warning signs – Unless signs are followed, reading them does not do much for the visitor.

• Observe the amusement ride – Watch where the ride goes and what happens to the passenger when that happens. That way you can decide whether you would ride it or not.
• Determine the conduct of the ride operator – Operators should not be distracted while they are controlling the ride.

There is nothing bad in visiting a theme park to enjoy. You just need to make sure that every ride you are going to board is completely safe and free from any risks of inflicting injury. If you consider safety as your top priority, your stay in the amusement park would certainly be fun and memorable.

Mobile Phone Causing Car Accident: Employer Liability

California legislators have devised ways to prevent the increasing rate of car accidents due to mobile phone use. The hands-free laws have been implemented to protect car owners, drivers, passengers, and pedestrians from fatal injuries.

Every year, the increasing number of lawsuits relating to employer liability prompts legislators to specify grounds of negligence or fault. The basic claim is that the employer has the responsibility to ensure the safety of its employees during the execution of work duties, including driving a company owned vehicle. It includes instances when the employed driver executes his or her duties involving the use of cell phone.

The employer can reduce the risk of vehicular accident caused by mobile phone use by
enforcing policies and regulations that ban cell phone use while driving. A hands-free policy does not automatically relinquish the employer from liability. One example is when a sales representative receives a call from the client and suddenly met an accident.

Existing laws such as California's SB 1613 and Washington State's HB 1214 clearly state that it is illegal to use a mobile phone while driving. Using hands-free device is allowed, however, the employer can still be held liable. The safest way, is to completely prohibit the use of mobile phones while driving at all times and at all costs.

Here are some ideas concerning cell phone use policies in employment manual:

1. Clear statement on the prohibition on using mobile phone while driving.

2. Provision for hands-free devices in case of emergency.

3. Orientation on state and local laws governing mobile phone use.

4. Procedure for pulling over in case of receiving an important call.

5. Instructions on avoiding stressful conversations on cell phone.

6. Limiting the work duties of employees so that it does not contain tasks of using mobile phones.

7. Regulation on prohibiting mobile phone use during extreme weather conditions.

8. Provide options to forward all calls to voicemail when driving.

9. Delineate rules on road safety precautions.

10. Stipulate reasonable penalties for violating mobile phone safety rules.


Here are some examples of policy statements:

1. Mobile phone use should be avoided while driving the company vehicle. The distraction from the mobile phone may cause road accidents.

2. If there are expected important calls during the course of driving, a hands free car kit should be used.

3. All employees are expected to comply with existing state and local laws on mobile phone use prohibition while driving.

4. Should an important call need to be received, the employee should find a safe location to pull over.

5. All employees are required to divert all incoming calls to voicemail during the course of driving.

6. Failure to abide with the above policies should have corresponding disciplinary actions, including suspension or termination.

Consult a Personal Injury lawyer and learn more on how you can receive compensation for injuries suffered due to Mobile Phone Use.

Summary of Important Terms in Negligent torts

If you are injured in a vehicular accident, you can recover damages for your injuries and losses. You can file a personal injury lawsuit and prove the fault of the defendant. You can do this by first knowing negligent torts that you will later on establish with the help of your lawyer.

Here is a summary of important terms in negligent torts:

Negligence

It is the careless act or failure of the individual to exercise reasonable standard of care. The court has strict penalties for negligent acts.

The plaintiff needs to prove that the defendant violated a traffic safety rule or failed to exercise a duty of care (For example, impaired driving). Then, he or she needs to establish this negligent act as a cause of the accident, leading to injuries.

Standard of care

It is the standard or measure by which the court evaluates how normal the person has acted under the given circumstance. It is the objective average behavior that any person will respond to a specific stimulus.

The knowledge, experience, status, internal and external factors, and existing laws are factors being considered in determining the standard of care. A driver with professional license will be considered as knowledgeable of traffic rules and safety procedure on the road.

If he or she commits drunken driving violation, the law views him as responsible for his actions, and will be given heavier penalties. The awareness of the law, the willful act, and motive for doing a tortious behavior are elements measured in standard of care theory.

Malice

It is similar to intentional misconduct wherein the wrongful act is done with a predetermined knowledge of causing harm to others. Malicious acts clearly violate the duty of an individual to consider the safety and welfare of other people. The court orders punitive damages for this case.

Duty of care

It is the responsibility of any individual to avoid harm or cause harm to other people. An individual also has the responsibility to protect other people from a known or potential danger. The court uses a standard guide for evaluating the level of duty of care that a defendant or a plaintiff has exercised.

Breach of duty of care is the disregard for the safety of others and failure to prevent expected dangers. All traffic rules, road safety warning, and driving standards constitutes what would make a negligent act.

If you are injured in a vehicular accident, you may file a lawsuit. Consult a personal injury attorney in Los Angeles and learn more on Negligence and Tort law.

Pedestrian Accidents: Usual Causes and Effects

In June 2010, a 39-year-old male pedestrian was killed in a hit-and-run accident that occurred in South Los Angeles.

According to reports, Tyrone Jones, from Los Angeles, was walking along Broadway near 92nd Street when he was suddenly hit by a green Chevrolet Lumina. He was announced dead at the accident area.

Pedestrian Accidents in Los Angeles

When pedestrians are struck by vehicles, they are likely to sustain severe or fatal injuries because the impact alone can cause extensive damage to their body. In fact, statistics revealed that in Los Angeles County, 214 people were killed while 4,985 others sustained injuries in 2008 due to pedestrian accidents.

Both pedestrians and drivers should be careful while on the roads in order to avoid triggering an accident or becoming a hazard to others. Here are some of the most dangerous actions that can lead to pedestrian or other road accidents:

Driver error

• Drunk driving- Driving while under the influence of alcohol or drugs can impair your driving skills and prevent you from making rational decisions. In California, a driver will be guilty of DUI if his blood alcohol content already exceeds the imposed legal limit, which is .08%.

Drunk driving stands as one of the leading causes of fatal road accidents in the country. According to statistics, out of the 37,261 deadly crashes that occurred in the U.S. in 2008, 13,846 of them were caused by this unlawful act.

• Failure to stop at a red light- When you see a red light, it means you are required to stop your vehicle and allow pedestrians to cross the street. However, some drivers tend to ignore it because they do not want to be stuck in traffic or they are in a hurry to arrive at their target destination.

Pedestrian error

• Jaywalking- The law requires pedestrians to use marked crosswalks when crossing the street. Failure to do so can cause fatal accidents, especially if they were unnoticed by drivers.
• Walking along freeways or other restricted areas- It is dangerous for pedestrians to cross or walk along freeways because drivers are allowed to speed up in these areas.
• Disobeying traffic signals- Pedestrians should refrain from crossing when there is a “raised hand” or “don’t walk” signal. It tells pedestrians that crossing the road is dangerous because vehicles are already moving.