Why Taking Notes is Your Key to Win an Accident Lawsuit

When people are injured or involved in a car accident, the least that they think about is to take notes. Police officers are often seen as the ones holding a pen and paper to record what happened. Only later do involved parties request for a copy of police report to be used in formal litigation.

Such scenario can be changed, if you keep in mind the importance of gathering facts at the accident scene. Notes can be used as a basis for further investigation and type of lawsuit to be filed in the court. If you have detailed notes, these can help you unravel the specific cause of accident.

Taking notes can also help you ensure a winning Personal Injury lawsuit. Here are more reasons why:

1. Taking notes help you identify and remember the name and whereabouts of the person/s that caused the accident. It also helps in recording the defendant's contact number, insurance company information, and name/statement of witnesses. If you are able, get thorough information while the accident scene is still preserved.

The information that you have gathered will be of utmost benefit when you file a Personal Injury lawsuit afterwards.

2. Taking notes can lead to other truths in the accident. If you have written down the essential facts in the accident, it can shed light to investigative questions and help in accident reconstruction.

Even a simple observation of back pain can be a basis for your claim on spinal cord injury at a later time. A note on the car's busted tire can lead to specific Product Liability claim.

3. Taking notes can help in contesting the defenses of the other party. When the other party presents legal defenses against your allegations, your lawyer can use the first hand observation (your notes) as key evidence for strengthening your claim.

4. Taking notes can help you gather first hand witness statements. If you are able, solicit statements from residents nearby who have seen the car collision. Write carefully the details of the interview, including the time, location, distinguishing features of the road and cars, and possible causes of accident.

5. Taking notes can help as a basis for computing property, economic and non-economic damages. Your written observation on the specific car damage such as busted tire, broken window, or faulty gas accelerator can substantiate your computation for car damage settlement.

Your notes on the direct financial effect of the injuries and losses on you and your family can help your lawyer in computing the actual losses and assert damages.

Consult with a Los Angeles personal injury lawyer to help you file the accident lawsuit.

Safe Car Driving Practices: Do's and Don'ts

For every 14 seconds, a car crash occurs in United States, according to National Highway Traffic Safety Administration (NHTSA).

Car crashes have been the leading cause of serious and fatal injuries for years. It has resulted to financial difficulty for families, loss of enjoyment of life, and even loss of a loved one.

The NHTSA has issued safe driving practices for motorists traversing US highways.
Here are some of the guidelines:

Do's

Do pay attention on the road, traffic signals, other vehicles, and pedestrians.

Do wear your seat belt.

Do follow traffic rules.

Do abide with speed limit, especially when approaching school zone, market, park, and other public places.

Do place children in safe buckled seats. Make sure baby seats are in good condition and appropriate for the size, weight, and age of the child.

Do respect the rights of other motorists on the road.

Do give way for pedestrians who are crossing the street.

Do allow bicycles to have space and time for making a left or right turn.

Do pay your parking obligations on time.

Do maintain an emergency kit inside your car. It must contain the following: flashlight, matches, mobile phone, water, first aid medicine and supplies, blanket, and food.

Do keep a spare tire and a working jack inside your car.

Do maintain a regular car inspection to correct early signs of defective auto parts.

Do keep a map inside your car.

Dont's

Don't text while driving. In most states, including California, texting while driving is a traffic law violation. Use hands-free cell phones when you need to keep track on sales call. Pull over to the emergency lane when you need to type and send a message. It only takes five seconds of distraction to cause a collision.

Don't play loud music on the road. Loud music can hinder you from hearing traffic signals. Loud music can be a distraction and affect other motorists on the road.

Don't exceed the speed limit when traversing public roads. California law requires 0.08 percent Blood Alcohol Content (BAC) limit for motorists. Minors are required to abide with the zero percent BAC limit. Pay special attention when young children are crossing the street. Double check all vehicle sides as children sometimes run onto the rear side of the car.

Don't violate any traffic rules. A single speeding ticket will reflect on your driving history. It can also affect your insurance premium and other driving privileges.

If you are involved in a car accident, consult with a personal injury lawyer in Los Angeles to help you decide on legal options.

Factors in Determining Personal Injury Settlement

The plaintiff in a personal injury claim would naturally want a huge amount of compensation for the injuries he incurred. However, the defendant and/or his insurance company would prefer to have a smaller settlement. This is where the complexity of the seemingly simple process of claiming damages comes in.

In a personal injury case, the plaintiff has the right to ask for damages or monetary compensation for the person legally responsible (defendant) for the accident which caused the injury. Damages are awarded in order to reimburse the expenses that resulted from the accident and injury.

Settlement to determine the amount of compensation may be done outside or before the court, though the defendant prefers it outside in order to pay less expensive damages and limit the distress of time consumption. There is no minimum or maximum personal injury settlement, but the plaintiff can take advantage of some factors that can make his demand convincing.

1. Length of recovery: Minor injuries will take shorter time to recover compared to serious ones. The longer the length of recovery, the longer the time of pain and suffering as well. Make sure to regularly visit the doctor and note in medical reports the length of the injury’s recovery.

2. Permanent injuries: Injuries may have side effects or what is also called residual injuries, which may not be immediately apparent but can still be greatly damaging. Asking about the possible complications beforehand can make the plaintiff’s claim stronger.

3. Medication: The attending physician can prescribe some medicine for the injury. Emphasize this in the claim, because it implies that the pain and suffering are still present. Stronger medicine and longer length of medication could mean higher settlement, but make sure to state the purpose of medication.

4. Physical and emotional pain: Different types of injuries can have different effects in the life of the plaintiff. Document the impact of the injury, physically and emotionally, maybe through a journal. It is important to determine how the injury limited the plaintiff’s functions and the problems it caused.

5. Any life disruptions: Missing an important life event due to the injury falls under emotional impact, which should also be compensated. The value of the meaningful event missed depends on its significance to the injured. Uncommon events usually are more special and significant.

Consult with a personal injury lawyer to help determine the exact amount of compensation for each type of damages that can be recovered.

Steps to Mental and Emotional Recovery after an Accident

Depending on its severity, an accident can derail a person’s life. If you end up being injured, you cannot easily return to your usual, everyday routines. Your capabilities will also be limited due to the injury and you cannot go to work regularly. Any properties that were damaged will have to be replaced and that would mean spending more aside from the medical and insurance expenses.

But more than the financial loss or physical injury, you have to deal with the mental and emotional anguish brought about by the accident. Being in a car accident or even just witnessing one can be very traumatic.

Follow these steps to car accident recovery in order to get back at your feet faster.

• Talking would help you get through the trauma. Speak with a counselor or professional, or join a support group. Getting help will allow you to convey your feelings and share with other people what happened. You may also want to confide with a close friend or family member who has experienced the ordeal in order to clarify the events and make sense of the accident.

• Be honest with yourself if you know that you are at fault. If the primary cause of the car crash was found to be your alcohol or drug problem, or anything that could have been prevented, then the accident may be considered a wake-up call for you to get help or to learn how to take precautionary measures. If the cause was unpreventable and nothing could be done to avoid it, you should accept that no one was at fault for it, not even yourself.

• Learn to face your fears. After a car accident, you may find it hard to drive or be in a car again because of the trauma. To get pass this fear, take short drives with a friend or companion at first. Then, slowly add distance to your trip.

• It’s normal to feel regretful over what happened, especially if you were fully or partially responsible for it. Feeling remorseful will not help the situation though; it can even make you feel more depressed. Just learn from what happened and try not to make the same mistakes again.

• No matter how grave or traumatizing the past was, don’t forget to focus on the present. “Seize the day,” as the saying goes, and do not dwell on the past. Otherwise you can never move on from what happened.

• Bills, insurance claims, and other transactions can be frustrating. Take it easy and do not deal with them all at the same time.

Essential Facts you Need to Know About Uninsured Motorist Coverage

California law requires every motorist to have a proof of financial responsibility. One way to obtain this is to purchase an insurance policy. However, some motorists refuse to abide with this law and cause road hazard.

The National Highway Traffic Safety Administration report showed that most vehicular accidents involved drivers who lack insurance. No matter how careful you are on the road, chances are an uninsured driver can ruin your life.

Here are essential facts that you need to know on uninsured motorist coverage:

1. Uninsured motorist coverage is designed to compensate an injured person caused by a driver who lacks insurance. When the car owner's family members sustained injuries in a vehicular accident, coverage also applies.

Insurance companies are mandated by law to have uninsured motorist coverage included in the policy. A client can choose to waive this through a written agreement. Policies designate such coverage by letters "UM".

2. Your immediate family members are also covered by your purchased UM insurance policy. Your spouse, children or legal dependents can receive compensation for injuries or losses from an accident. Even if your children are studying away from your town, they can still be covered.

Uninsured motorist coverage applies even to passengers, pedestrians, bystanders, bicyclists, and motorcycle riders. The person doesn't have to be a driver in order to avail of UM policy. Insurance companies will only look at the lack of insurance policy of the negligent driver who caused your injuries.

3. Uninsured motorist coverage applies once the accused driver has no available insurance or lack sufficient financial resources. This coverage applies to cases of felony hit-and run cases.

If the accused driver has insurance policy, yet insufficient to cover your medical needs; your policy will cover for the rest of amount. For example, the accused driver only has $30,000.00 UM policy and you have $100,000 worth of UM coverage; your insurer will pay the rest of $70,000.

4. Your insurer will pay for your economic and non economic losses. Your insurer will compensate you for your medical expenses, loss income, and pain and suffering. You may have to submit related documents to process your claim. These include results of laboratory exams, diagnosis, summary of medical treatment received, pay check, and apportioned value for emotional loss.

Uninsured motorist (UM) coverage helps you recover damages for your injuries and losses caused by the driver who lacks insurance to compensate you.

If you or your family is injured in a vehicular accident, consult with a Personal Injury lawyer to help you decide on which legal actions to take.

2 Types of Negligence Damages Awarded in Car Accident Cases

There are millions of car accident injury claims filed in the United States every year.

Usually, these cases cite driver negligence as the basis for their claims such as DUI, speeding, reckless driving and distracted driving.

Once their claim is approved, they will be awarded negligence damages or compensation for the loss the claimant sustained due to the negligence of the driver.

These negligence damages are normally referred to as compensatory damages.

Under this principle, the law aims to bring the claimant back to a position where he or she should have been if not for the injuries he or she sustained from the car accident.

Of course it is not as simple as that since there are things that cannot be given back.

Generally there are two types of compensatory or negligence damages, and those are:

Economic Damages

These are losses that the claimant sustained that automatically has a monetary value.

These are easier to compute because there is usually evidence that shows the exact amount lost.

Some examples of economic damages include:

• Medical bills and expenses – This includes medical treatment, doctor’s fees, rehabilitation, medications and hospital fees.

• Disability expenses – These refers to adjustments that will be made by the claimant to cope with a disabling injury such as house renovations to make it wheelchair friendly, in-home nurse, etc.

• Lost income – These refers to hours or days missed from work, or a claimant actually losing his or her job due to the injuries. This can be computed by reviewing the hours worked in a week and the hourly rate of the claimant before the car accident.

• Property damage - This refers to damages that your car sustained due to the collision; this will also include the properties that were damaged inside the car.

Non-Economic Damages

Now this is where it becomes more complicated. As said before, the aim is to bring the claimant back to where he was before the accident but that is sometimes not possible because what they lost are not tangible things.

What the courts or the insurance company will do is assign an appropriate monetary value for those losses instead.

Some examples of non-economic damages include:

• Pain and suffering – These are compensation for actual physical pain and emotional distress such as frustration and fear.

• Loss of consortium – This refers to losses sustained by a spouse such as lost affection, companionship, comfort and even sexual relations due to the injuries sustained from the car accident.

• Hedonic damages – This refers to the loss of enjoyment of life.

To make sure that the damages awarded are properly computed, make sure that you have your Los Angeles car accident lawyer check it before signing any release form or waiver.

DOs and DON’Ts in Slip and Fall Accidents

Most people shrug it off and continue on even if they get injured.

Most victims of slip and fall accidents do not even file for accident injury claims and ends up paying for their own treatment.

The reason for this is that a lot of people do not even know that the property owners owe them a certain duty of care while you are inside their property.

This is especially true for commercial establishments like supermarkets or even theme parks and amusement parks.

That is because you are in the premises for their benefit especially if you purchased their products or services.

To help you, here are some DOs and DON’Ts when it comes to slip and fall accidents:

DOs

• After the fall examine yourself for injuries, apply first aid for minor injuries.

• Take pictures of the hazard or dangerous condition.

• Talk to possible witnesses and get their contact information.

• Inform the owner or the manager about the accident so that they can do something about it and nobody else would get hurt.

• Inform your own insurance provider because it might have a term that you need to inform them of the accident within a certain time frame.

• File an accident report even if you consider it a minor accident.

• Get medical treatment for your injuries. A medical report would also be helpful in establishing the connection of your injuries to the accident.

• Get a personal injury attorney who is an expert in premises liability claims.

• Write a demand letter addressed to the property owner of your intent to file a claim with the help of your personal injury attorney.

DON’Ts

• Take a settlement amount from the property owner immediately after the accident.

• Sign anything from the property owner without consulting your lawyer.

• Take the first offer by the insurance adjuster

• Negotiate with the insurance company on your own

• Agree to a recorded statement without the presence of your lawyer

• Sign a release form when you are not sure if the amount given covers all your losses.

The best way to get the short end of an insurance negotiation is to go at it alone.

Insurance adjusters are trained to find holes in your accident injury claim so that they do not have to pay you the full amount.

Premises liability attorneys are experienced in dealing with insurance adjusters to make sure that you get a fair settlement amount.

Consult with a premises liability attorney now for a free consultation.

Negligence: Elements and Compensation

Negligence plays an essential part in determining the cause of an injury, damage, or death in most accident cases. The elements of negligence can be determined through the following.

• If there is the failure to exercise the required or expected amount of care that a reasonably prudent and careful person would use under similar circumstances

• Doing something which a cautious person would normally not do under the circumstances

• The conduct falls below the standard established by law for the protection of others that it posed unreasonable risk

An act of negligence may land one a personal injury lawsuit. However, there still are elements that should be proven first in order to determine whether an injured victim can recover damages for the negligence of another.

• Duty to protect – Otherwise known as the legal duty of care. A person shouldn’t do anything reckless that may harm another.

• Breach of duty – Happens when someone fails to exercise the duty of care. The person may have intentionally or unintentionally exposed another to a risk and resulted to damage.

• Actual injury – The breach of duty must result to a loss or an evident injury. Property damage and emotional distress fall under this element.

• Legal or Factual Causation (Proximate cause): There must be a connection between the breach of duty and the injury, also known as factual or legal causation.

A negligence lawsuit can be brought by the attorney of the injured or plaintiff against the particular person who caused the injury or the owner of the location where the injury-inducing accident occurred. In a business setting, all of the parties in a “partnership” can also be charged with a lawsuit, or the employer of the negligent employee, as long as the action was done while performing his duties.

The negligence damages that can be recovered are classified into two:

• Special – Monetary compensation for quantifiable financial losses. This includes medical or hospital expenses, damage to property, and loss of income.

• General – Losses that cannot be quantified in monetary terms with certainty, especially since they are not a concrete loss. Emotional distress, pain and suffering, and loss of consortium are the common examples of general damages.

Another type of damages called Punitive damages can also be recovered in a personal injury lawsuit. However, if the action was proven intentional or malicious, the court may order the defendant to pay this kind of damages. The purpose of punitive damages is not to compensate but to punish the defendant and to discourage others from doing similar conduct. Punitive damages can be recovered in a personal injury case, but not if it’s not due to negligence.