Top 4 Insurance Claim Mistakes you Should Avoid

If you plan to file an accident injury claim, you should put in mind that you need to be cautious about dealing with the insurance company.

Insurance companies are still private companies whose goal is to make as much profit as they can.

To do this, they try to find holes in claims so that they can either deny the claim or reduce the payment to be given.

And if a claimant is not well informed, it is highly likely that they will agree to a small accident injury settlement without knowing that they actually deserve more.
To prevent that, here are some of the most common mistakes done by claimants when making an accident insurance claim:


Saying that you are just fine
Never ever say to an insurance adjuster that you are unhurt after the accident before seeing a doctor.

If you have said that you are fine after the accident then the doctor discovers that you have injuries, your statement will seriously hamper your ability to collect from the insurance company since they will argue that you already told them that you have no injuries after the accident.

If asked by the insurance adjuster, tell them that you have to see a doctor first.
Agree to the first settlement offer

Avoid the temptation of agreeing to an early settlement just for the sake of ending the whole thing.

The only one who wins in early settlements is the insurance company because more than likely, that first offer is way smaller than the real value of your claim.
You should politely decline the first offer and tell the adjuster that you will need to consult with your doctor and your lawyer before giving an estimate.
Agree that you may have been at fault

You have to really watch what you say around insurance adjusters because you may think that your statement is harmless without knowing that you have admitted to some fault in an accident.

For example, if you were asked if you could have done something to prevent an accident and you answered that there is, then you just have admitted that you were negligent in some way.

Not getting a personal injury lawyer
All these mistakes could easily be avoided if you have a specialist who is knowledgeable about applicable laws to guide you.

A Los Angeles personal injury lawyer can help you and guide you throughout the claims process to make sure that you get the most out of your personal injury claim.
Consult with a Los Angeles Law Firm for more information.

The 3 Civil Torts Used in Defective Product Cases

Under various consumer rights and defective product accident injury laws, you are given avenues to pursue the manufacturers, or even the sellers, for the damages you sustained due to their product.

Manufacturers are expected to produce consumer products that are reasonably safe as long as they are used in a way that is intended to.

If you get injured due to a safety defect while using the product as intended, then the manufacturers have failed in their duty.

To prove product liability, you can use any of these three torts in the case:
Negligence

In this tort, you have to prove that the manufacturer committed a negligent act while producing a product.

To prove negligence, you have to prove the following elements:

• Duty of care – The manufacturer has a duty to produce a product that is tested to be safe for consumers.

• Duty of care broken – The owner failed in their duty as they were not able to prevent the error that caused the safety defect.

• The safety defect caused your injuries.

• You sustained damages.

Strict Liability

California is one of the US states that uses the strict liability clause for product liability as it recognizes that it is unreasonable to expect an ordinary citizen to be able to get the necessary information to prove that manufacturers were negligent.

So instead of focusing on the negligent act, the focus is shifted to proving the existence of the safety defect.

To prove strict liability, you have to prove the following elements:


• The product has a safety defect that makes it dangerous even for intended use
• You sustained injuries due to the safety defect while using product as intended
• You sustained damages.

Breach of Warranty

Breach of warranty in product liability cases can be described as a combination of tort law and contract law since it deals with personal injuries and the implied good fait and fair dealings required from the manufacturers and sellers.
The four types of warranties that apply in product liability laws are:

• Express warranty – can be oral or written, this refers to the guarantee of the manufacturer or seller about the safety of their product

• Implied warranty – these are warranties that are imposed by law on the product.

• Implied warranty of merchantability – this is a warranty that the product and its container is in compliance with the standards set by the law.

• Implied warranty of fitness – this refers to the guarantees that apply to situations where the consumer trusts the judgment of the seller in selecting their goods. It guarantees that the selected product is fit for the purpose asked by the consumer.

To know more about product liability law, consult a defective product accident injury attorney for more information.

How to Effectively File an Auto Accident Insurance Claim

Did you know that according to studies, it is highly likely that every American will be involved in a car accident at least once in his lifetime?
That is right; that is how frequent vehicle accident is in the country.
Even if your take all the care in the world, you cannot control the actions of other drivers and believe me, there are a lot of dangerous drivers out there.
So it would be worth to know the proper steps that you must take to make an auto accident insurance claim against the liable party.
To help you, here are the steps in making an auto accident claim in California:
1. Draft a demand letter
Prepare or draft a demand letter that formally asks for compensation for the damages you sustained due to the car accident.
This will be addressed to the liable party but in reality it will be his or her insurance company that will be handling the claim.
The three important elements of the letter are:
• The history of the car accident
• The resolution or amount that you are demanding
• And a warning that you are ready to go to court if demands are not met

2. Dealing with the Insurance Adjuster
An insurance adjuster will then be sent by the liable party’s insurance company to investigate the claim.
An insurance adjuster usually performs the following actions:
• Interview and take statements from the claimant (you) and other witnesses to the car accident
• Review and analyze the coverage of the liable party’s insurance policy
• Examine your medical records
• Examine property damages
• Examine auto accident photographs and other evidences
• Examine police reports
Make no mistake, insurance adjusters are there to find holes in your claim to have proper cause to deny or underpay you.
So make sure that you are careful about what you say around them.
3. Filing a lawsuit
If the liable party and his insurance companies refuse to pay the damages the auto accident caused or if a settlement has not been reached, then you can file a lawsuit against them.
Although the liable party is named defendant, it will also be the insurance company who will be handling the defense.
The burden of proof will also fall on you as the plaintiff.
Get a Lawyer
To make sure that you get the most out of your auto accident insurance claim, hire the services of an expert Los Angeles car accident lawyer.
An expert car accident attorney can help you:
• Determine the value of your claim
• Guide you in statements you give adjusters
• Help you in negotiating for a fair settlement with the adjuster
• Represent you in court if negotiations fall apart.
Consult an expert Los Angeles car accident lawyer for more information.

Why you should file a Wrongful Death Lawsuit

The pain you feel after losing a loved one in an accident that could have been avoided can be very overwhelming.
You want to lash out to the people who caused the death of your family member and you want them to be held accountable for what happened.
Unfortunately, not all deaths from accidents can be treated as a criminal case; some of these accidents are just that… an accident.
However, even if the person responsible for your loved one’s death cannot be held criminally liable, you can still go to a civil court to file wrongful death cases against the liable parties.
Although, the defendant or defendants will not be put in jail, they will be required by the court to pay back the losses that you and your family have sustained due to the death of your loved one.
This includes:
• The financial support your loved one could have provided the family if not for his untimely death.
• The household services that are provided and could have continually been provided if not for the untimely death.
• The loss of companionship, comfort, solace, moral support and even consortium for spouses.
The computation of these losses will also be based on your loved one’s age, health, income generating abilities, expected life expectancy if not for the death, and other factors.
You may feel that you are taking advantage and making money out of the death of your loved one but you should be assured, that is not the case.
What you are recovering from the liable party is only commensurate to what you lost after the death of your loved one.
And even then, you know that no amount of money would be enough to replace the life of a beloved family member.
In the end, you should realize that the family deserved the compensation and acts as a gesture of acceptance that the state, the court and the liable party all recognize that you have been wronged.
Now how can you file a wrongful death case?
To help you, here are some steps that you can follow:
• Consult a wrongful death attorney to guide you in the process and represent you in court if needed.
• Make sure that you are a valid claimant (spouse or child of deceased). There are other qualifications that can make you a valid claimant if you are neither a child nor a spouse of the deceased.
• For those in California, make sure that you file the case within two years upon discovery of cause of death.
• Have the defendant served with the lawsuit.
Your wrongful death attorney should be able to guide you and explain to you the applicable laws in your case.
Do not hide any information and cooperate fully with your lawyer.
If everything goes right, then it is very likely that you will either win the case or get a fair settlement.

Can the Government be sued for Freeway Accident

Los Angeles 101 to I-405 interchange is listed as United States' top 2 most hazardous freeways, according to BuyingAdvice.com. Los Angeles news has numerous crash reports on Pacific Coast highway, Interstate 10, and Ventura freeway. These freeways have accident prone areas that heighten cases of collisions and injuries.

Road design defect has been one of the primary causes of freeway accident. Curve, irregular structure, road obstruction, and inadequate warning signals also cause freeway accidents.

Here are the more causes for freeway accidents:

1. Drop off at pavement edge- This type of roadside hazard can affect the stability of the vehicle. Exposure of the pavement edge poses danger for motorists, especially at night.

2. Embankment and guardrail- When road engineers fail to implement correct slope steepness and embankment height on barriers, the result can be tragic. Road engineers have to make sure that the barrier is effective enough to prevent accident, withstand extreme weather condition, and help motorists get back on lanes.

Highway engineers have the responsibility to make sure that barriers are constructed within correct angle and high quality standard to prevent catastrophic freeway accidents.

Highway engineers also implement clear recovery zone. It is an additional lane, free from road obstruction that allows motorists to recover from a run-off-the-road situation.

This zone should be freed from utility poles, plants, trees, or any roadway object. This also serves as a safety zone for motorists who encountered difficulty on the road, or caught during an extreme weather condition.

If you are injured in a car crash, and you are certain that the road design caused the accident. You can file a Premises liability claim against the government.

Although the government is generally immune from lawsuits, the Federal Tort claims Act (FTCA) has reduced this immunity and has allowed citizens to receive compensation for injuries sustained from hazardous road design.

FTCA allows the plaintiff to file Personal injury, Wrongful death, and Property damage claim against the government. The plaintiff can file a Premises liability claim and prove that the road design has tremendous hazard that triggers the accident, leading to your injuries.

The government can be held liable for the decisions and actions of employees who are part of the design process of the road.

The plaintiff has to prove that the government has the ultimate responsibility in deciding, controlling, and monitoring the output of the employees, working on the road design.

If you are successful in your claim, you may be able to recover damages from the government. Federal law has specific procedure for filing the claim, including the limit for recovery.

Consult with a Premises Liability lawyer in Los Angeles to help you file the claim

3 Things to Consider When Filing a Wrongful Death Case in California

The California wrongful death statute of limitations is 2 years upon discovery.
This means that after discovering the cause of your loved one’s death, you have a maximum of 2 years to file a wrongful death lawsuit against the person or organization that is liable for his or her death.
Losing a loved one after an accident can be devastating but you have to do right about your loved one’s death and do right for your family.
By winning your wrongful death suit, you recover what you and your family lost due to your loved one’s death and your also get the state, through the court’s decision, recognize that you have been wronged by the liable party.
But what are the things that you should consider, when filing a wrongful death case?
To help you, here is a list of things you should consider:
Who is valid to file a lawsuit?
Under the law, only certain persons are allowed to file a wrongful death lawsuit.
The primary people allowed to sue are direct family members like the spouse, children and surviving grandchildren from a deceased child.
If these claimants are not available, then the people next in line are the parents, siblings, children of deceased siblings, grandparents and lineal descendants.
Although not covered in the first group, the next group of people can also file a wrongful death claim:
• Putative spouse – (their marriage is not recognized by law but believed in good faith that their marriage is valid)
• Children of putative spouse
• Stepchildren
However, they also have to prove that they were dependent to the deceased until time of death.
Last, a minor who lived with the deceased for at least 180 days prior to death and can prove that they are a dependent of the deceased can also file a wrongful death suit.
What caused the death?
The type of accident that caused the death of your loved one will also dictate what type of laws would apply to the case.
To give you an idea, here are some of the common accidents that could lead to a wrongful death and the laws that would apply:
• Vehicle accidents – State traffic laws against negligent drivers
• Slip and fall accident – Premises liability law
• Defective product – Product liability and consumer protection laws
What did you lose due to the death?
In this part, you should consider what you are trying to recover from the liable party.
In wrongful death cases, you can recover monetary and non-monetary damages such as:
• The value of financial support the deceased would have contributed to the household if not for his or her death.
• The value of household services contributed by the deceased before his or her death.
• Loss of companionship, affection, comfort and consortium (if deceased is spouse).
Wrongful death cases can be very complicated, so you better hire the services of an expert Los Angeles wrongful death attorney to help you in your case.

Tips and Reminders for Cyclists to Avoid Bicycle-Motor Collisions

One of the most dangerous devices to use on the road is the bicycle. While bicycles are similar to motorcycles, they are considered more dangerous. If you like riding your bicycle on the streets of Los Angeles, you should know how to protect yourself from the thousands of vehicles that you may encounter.

Following are some reminders for bicycle enthusiasts to prevent getting involved in bicycle-motor vehicle collisions in Los Angeles:

• Follow traffic laws and regulations. Some bikers make the terrible mistake of disobeying traffic rules. Even if a person is just riding a bicycle, he is still covered by traffic regulations on the road.
• When riding at night, do not forget to install lights on your bike. Biking at night is dangerous, but it gets even more hazardous if you do not have any light mounted on your bike.
• Always be aware of the vehicles nearby. When a cyclist is on a roadway, he should be aware of other vehicles. If he does this, he may be able to avoid accidents.
• Inspect your bicycle’s wheels, brakes, and chains before hitting the road. Unlike motor vehicles, bicycles only have a few parts that need checking. Always allot time examining your bicycle’s parts to avoid mechanical failure while you are on the road.
• Do not ride your bike after drinking alcohol. Riding under influence is just as dangerous as driving under the influence.
• Plan the safest route for your bike trip. As much as possible, do not go to highways and streets that are easily congested by vehicles.
• Make yourself be noticed by other motorists. During the day, wear light colored clothing for other drivers to notice you.
• Do not stay near the gutter. You have to make other drivers realize that you are also a motorist using the road, and not just a cyclist who needs a little space on the street or highway.
• If you have been biking for quite a while, have some time to rest. For obvious reasons, cyclists wear down much easier than vehicle drivers and motorcyclists.
• Be ready to make a sharp turn or hit the brakes in case of emergency. If you think there is danger up ahead, formulate a plan to escape from it.
These are just some helpful tips for bikers to avoid bicycle-motor vehicle collisions. Los Angeles may be considered one of the most dangerous cities across the country when it comes to road safety, but if you keep these guidelines in mind, you can still be able to enjoy riding your bicycle.

Public Transportation Accidents: Determining Fault and Liability

While millions of Americans today have their own vehicles, there are still some people who take public transportation. They prefer riding buses, cabs and trains than to handle the hassles of having or driving their own cars. Because many people choose public transport over private vehicles, public transportation accidents have become common in the past few years. In Los Angeles, there are a number of public transportation accidents which involve:
• Cabs – Cabs or taxis often get into accidents because of speeding. They drive fast because they want to have more passengers.
• Buses – Buses have always been dangerous. People who get hit by buses are often badly injured, or killed.
• Trains – When a train operator is not skilled enough, he might put the train passengers in danger.
• Escalators and elevators – While these modes of public transport only transfer people within malls, stores, and business establishments, they should still be free from any defect.
• Cruise ships – Cruise ships should always be able to withstand bad weather. Cruise ship passengers often drown in ship accidents.
• Airplanes – Plane crashes are the deadliest types of public transportation accident. Very few plane crash survivors live to tell their tale.
If someone gets hurt in a Los Angeles public transportation accident, someone should be held responsible. Under the law, the party who is proven to be negligent should face the legal consequences. And because public transport vehicles and carriers are run by companies, they would be the one to face liability. A public transportation accident victim may be able to file a case against the company if he can prove the following points:
• The public transport vehicle’s components were not safe enough to prevent injuries.
• The public transport driver or operator was negligent or unskilled, causing the accident.
• The person was not safely transported to his destination.
If the person can prove at least one of the three factors given, his personal injury complaint will be valid. Once the transport company has been proven guilty, he will be required to compensate for the complainant’s damages.
If you are an owner of a public transport company in Los Angeles, you have to make sure that your consumers trust you. That is why you need to provide high-quality services to them. Always keep their safety and welfare as your priority. Once they acknowledge that you value your consumers, you will certainly gain more passengers and profit in the future.

Keeping Golf Courses Safe from Accidents

Even if it seems that golf is a costly sport or hobby, almost 30 million people in the country name it as their favorite sport. With the large number of rounds played in the country, the industry of golf reportedly earned $76 billion in 2005.
A number of golf courses have also been put up due to its popularity. However, despite the entertainment the golfers and the sport’s audience experience in time of game, accidents still occur. Golf course accidents, while it may sound absurd to those who think that the sport is safe, is just as equally damaging to its victim as other kinds of sports.
There are four aspects in the golf course that may result to an injury-inducing accident.
Premises
Premises indicate the whole property, both on and off the golf course. Golf balls shouldn’t exit the premises of the course, especially since most golf shots are 15 percent off line and modern equipment can make them cover longer distance.
Make sure that golf cart paths are appropriately designed, constructed and maintained, and that proper warning signs are put up. Pedestrian paths shouldn’t have any hazards as well.
Operations
Maintenance procedures are required to minimize the risk of accidents in a golf course. If there are constructions going-on in the area, make sure that any open trenches or cave-ins are marked or protected. Mowing, fertilization, and irrigation should be done by employees with safety training. Every employee who is doing his tasks should also wear the right protective equipment. Environmental contamination may also be prevented through waste management and recycling.


Vehicles
Golf carts and utility vehicles should be driven with care. Both driver and passenger should be cautious as if they are driving along a public highway with their own car. The only employees allowed to drive the vehicles are those who are trained. Golf cars should also be checked for any problems before and after using it. Those that were found defective should be repaired and remain unused for the meantime.
Natural Causes
Even if the management of a golf course aims to give their customers a worry-free time, environment and weather can also cause golf course accidents. Preparing for an emergency due to natural causes is the best way to avoid any disaster. Be sure that there is a written emergency response guideline for employees so they will know their duties in the event of a natural disaster.
Such disasters may occur in the form of a fire, the sudden weakening of a golfer, or a sudden animal or pest attack. In any form of disaster, the employees of the golf course should know what to do.