What are your legal rights is one question you may have after an accident where you sustained personal injuries. The first thing you need to know is that insurance companies are quick to respond to your predicament because they want to get the claim settled in a timely fashion. Insurance companies do not have to inform you of all of your legal rights and often omit information which can benefit your situation, like the right to seek legal counsel from an accident lawyer in Los Angeles or other location where you live.
The following is a list of other useful tips you should be aware of in order to protect your legal rights after an accident:
Few people fully understand the legal implications behind slip and fall accidents, and when to contact personal injury attorneys. For instance, they could be walking down the sidewalk, trip over uneven payment, fall down and hurt their knee. They seek medical treatment on their own and use their own health insurance or pay for expenses out of their own pocket. What they often do not realize is they have legal rights where they can seek monetary reimbursement and related damages from the responsible party.
According to California Premises Liability law, anyone who owns or is legally responsible for a residence, business or government property is legally accountable for any injuries that occur on said property due to negligence or faulty construction. In this example, the responsible party would be the person, company or municipality who maintains the sidewalk where the accident occurred. If the other party was aware the sidewalk needed to be repaired, but failed to take corrective action, then they are negligent, so they could be held at fault for your injuries.
If the accident happened outside of a grocery store or other retail business, the business owner typically could be held accountable. On the other hand, if it is in front of an apartment complex or other residential area, it would depend on whether the sidewalk was part of the property owned by the apartment complex or homeowner, or if it was a public sidewalk.
To learn more about your legal rights, or to schedule a free consultation with slip and fall attorneys, visit our website or contact us directly.
Insurance companies do not like it when people seek the assistance from a local Los Angeles accident attorney. The following is a list of some of the reasons why insurance companies prefer to resolve issues directly with you.
Personal injuries encompass a wide variety of accidents and unique circumstances. As a result, you may not even realize you could have grounds for filing a claim against another party for your injuries using an injury attorney in Los Angeles. You need to have an understanding or personal injury laws because this helps you decide when you should talk to an attorney.
All personal injury cases must involve at least two parties: the party who was injured, and the party who caused you to become injured. In certain situations, there could be more than two parties involved in a claim. For instance, a dog walking service was hired by your neighbor to walk their dogs. One of the dogs bit your son or daughter while it was being walked by the service. In this example, not only may you have grounds for suing the dog walking service, but potentially the dog’s owners. Just remember, your injury attorney in Los Angeles will determine who is responsible, upon a careful case evaluation and analysis.
Even in situations where you only experience minor injuries, like a cut requiring stitches, or a sprained or broken bone, it never hurts to discuss the matter with an experienced personal injury lawyer. Most law firms offer a free consultation, so there are no out of pocket expenses. You might discover you are entitled to receive reimbursement for all related medical bills, lost time from work, and other such expenses incurred as a result of the accident.
An accident injury attorney can provide services for a wide variety of personal injury cases. These might include dog bites, wrongful death, slip and fall cases, vehicle accidents, medical malpractice, and workers compensation claims. While this list includes the more common types of cases, this area of law covers any sort of situation where you, or someone you love, are hurt or injured due to the negligence of another person or party.
Who Do I Sue?
This is one question your accident injury attorney has to determine. It is important to file your lawsuit against the right person or parties because there is a statute of limitations. An experienced lawyer takes the time to conduct a careful case evaluation prior to making a decision.
In certain cases, there may be more than one person to file a suit against. For instance, you were walking in a store, tripped on a piece of torn carpeting, and fell into a ladder, causing tools and other items to fall onto you. Not only did you hurt your leg when you tripped, but you also received injuries to your head and upper body. The store owner and/or the landlord are responsible for the torn carpeting. But, the ladder and tools were owned by an independent contractor the store hired to make repairs to the ceiling. Do you sue the contractor, too? This is what your attorney will determine.
Why Does There Need to be Negligence?
Negligence is the term used to describe the amount of fault the other person or party was responsible for in your accident. It is used to determine the monetary amount they could be responsible to pay you. Without negligence you do not have a case, nor can you file if the accident was caused by your own wrongdoing.
Far too often, motorcyclists are painted in a negative light, thanks to social media and online video sites, for a disregard for following the proper safety rules, causing accidents by cutting in and out of traffic, driving at high speeds, or attempting to perform tricks on their bikes. However, what you do not see are those people who are safe cyclists, but who end up getting hurt as a result of someone else not paying attention. If everyone on the road took extra care and paid better attention, many motorcycle injury accidents could be avoided.
Distractions Are the Cause of Most Accidents
People get distracted with their cell phones, kids in the back seat, trying to eat or put makeup on, or other such distractions. As a result, they forget to check their blind spot before changing lanes, take their eyes off the road, or run stop signs or red lights. Sometimes they get lucky and no one is in the other lane, or there is no cross traffic, or someone else notices they are not paying attention, so they get out of the way to avoid the accident.
But it is only a matter of time before their luck runs out — and they end up running you over while you are on your motorcycle. The extent of your injuries can be more serious because you have little protection between you and the other vehicle. If the accident was not your fault, you may have grounds for filing a personal injury lawsuit against the other person and their insurance company. To find out your legal rights and see if you have a case, it never hurts to take advantage of our free consultation.
Some people walk away with only minor injuries and may think they do not need the help or assistance of an auto accident attorney. Even in these cases, it is still better to have an attorney on your side. What you might not realize is your minor injury could turn into a long term problem in the future.
For example, you hurt your back, get it treated, and it feels fine. What happens a year or two down the road if the pain returns? Some injuries do not show up right away and take time before they appear. Later, it could be discovered there were minor fractures in your spine that were not initially noticeable on an X-ray at the time of the accident. Now, you require back surgery to correct the problem.
By taking the time and consulting with an auto accident attorney, he or she carefully evaluates your case in detail. A detailed case analysis includes reviewing your injuries, police reports, medical reports, obtaining expert opinions from doctors about the potential for long term problems in the future, and more. Your lawyer works on your behalf to come to a suitable settlement agreement with the other party’s insurance company and their lawyers.
Here, at Madison Law Group, we work for you. If we do not win your case, we do not get paid. We will even discuss your accident wherever it is most convenient. If you are hospitalized or home-bound, we can make arrangements to speak to you there, as well as over the phone.
Any time you need help from a Los Angeles personal injury lawyer, there are a few things you should look for to help you find the most qualified attorney.
There are numerous tasks you need to take care of after being involved in an auto accident. If the accident was not your fault, you normally have to work with both your insurance company and the other party’s company. Attempting to reach a settlement for minor injuries may not seem difficult, and the amount they propose might seem fair. However, remember insurance companies want to settle claims for the least amount possible. How do you know if you are getting a fair offer? You need to consult with an accident lawyer in your area.
An auto accident lawyer is able to review the details about your case, determine the maximum monetary amount you can be entitled to receive, and work as your representative to ensure your legal rights are protected and the settlement is fair. Your attorney will know what details are critical to the outcome of your claim. In certain cases, there may be situations where you might be held partially to blame, which could hurt your ability to obtain a settlement.
Do I Still Have a Case if the Police Report States I Was Partially at Fault?
Even if you were partially at fault for the accident, it does not necessarily mean you do not have a case. Upon careful case evaluation and review, there could be still grounds for bringing a suit against the other party. In these situations, the maximum amount of your case is reduced by the percentage of your fault. For instance, if it is determined you were 25 percent at fault, you can only file for 75 percent of the total amount. In other words, if your attorney determines your case is potentially worth $100,000, but you were 25 percent at fault, they would only be able to seek a maximum of $75,000 from the other party.
If you were injured and hurt due to someone else’s fault, you could have grounds for filing a personal injury case through local Los Angeles attorneys. An experienced lawyer is able to help you obtain compensation from the other party’s insurance company to cover your allowed damages. In most cases, these types of claims are fully resolved without ever having to set foot inside a court room.
Most personal injury cases are based on facts and negotiations, rather than actual court proceedings and the supporting laws. Insurance companies do not want negative publicity when they know there was negligence caused by one of their policy holders. Instead, they want to try to come to a reasonable settlement and keep the case from going to court, because they want to limit media exposure.
Insurance companies and their adjusters have their own team of lawyers to help facilitate the arbitration process. Without your own Los Angeles accident attorneys, you run the risk of hurting your case and may even lose or walk away with a smaller amount than you are legally entitled to receive. Your lawyer knows which questions the insurance company and their attorneys are able to ask you and the ones they cannot. In addition, your lawyer is familiar with similar cases and what the acceptable settlement amounts are for your area.
It is better to seek help by scheduling an initial consultation with a personal injury lawyer. Most law firms offer this initial meeting for free, so there are no out-of-pocket expenses for finding out your legal rights and if you have grounds for a case.