In the ever-evolving landscape of media and law, notable legal analyses provide invaluable insights into high-profile cases. Recently, Matthew Barhoma, a trial attorney with Power Trial Lawyers, was featured in Newsweek for his expert analysis on Fox News’ potential defense strategy in the Hunter Biden lawsuit. This blog delves into the lawsuit filed by Hunter Biden against Fox News and Barhoma’s key points, offering a comprehensive look at the case’s implications and what it means for media outlets and their legal defenses.

The Case at a Glance

Hunter Biden, son of President Joe Biden, has filed a lawsuit against Fox News for defamation, alleging that the network spread false information about him. The lawsuit claims that Fox News damaged Biden’s reputation and caused significant emotional distress. This high-stakes case has garnered national attention, not just for its political implications but also for its potential to set legal precedents in media law.

Matthew Barhoma’s Legal Analysis

Matthew Barhoma, a trial attorney known for his expertise in high-profile cases, provided a detailed analysis of Fox News’ potential defense strategies in an article featured in Newsweek. Barhoma’s insights are particularly valuable for understanding the complexities of defamation law and the defenses available to media organizations.

Fox News’ Possible Defenses

Barhoma outlines several key defenses Fox News might employ:

1. Truth as a Defense: In defamation cases, the truth is often the best defense. If Fox News can demonstrate that their statements about Hunter Biden were factually accurate, the lawsuit could be dismissed. Barhoma emphasizes the importance of evidence in substantiating the claims made by the network.
2. Absence of Malice: Given Hunter Biden’s status as a public figure, Fox News can argue that their statements were made without actual malice. To succeed in a defamation claim, Biden must prove that Fox News either knew the information was false or acted with reckless disregard for the truth. Barhoma highlights the difficulty of meeting this high standard of proof.
3. First Amendment Protections: Barhoma also discusses the role of the First Amendment in protecting freedom of speech and the press. Fox News may argue that their reporting falls under the protection of free speech, especially concerning matters of public interest.

Implications for Media Law

Barhoma’s analysis underscores the broader implications of this lawsuit for media organizations. A ruling against Fox News could have a chilling effect on journalism, making news outlets more cautious in their reporting on public figures. Conversely, a ruling in favor of Fox News could reaffirm the protections afforded to the press under the First Amendment.

Hiring the Right Lawyer for Your Case

When faced with complex legal issues, hiring the right lawyer is crucial. PTL Injury, a leading personal injury law firm, offers the expertise and dedication needed to navigate challenging cases. Here’s why you should consider PTL Injury for your legal representation:

• Proven Track Record: PTL Injury has a history of successful outcomes in personal injury cases, ensuring clients receive the compensation they deserve.
• Client-Centered Approach: The firm prioritizes the needs and well-being of its clients, providing personalized attention and tailored legal strategies.
• Experienced Team: With a team of skilled attorneys, PTL Injury is well-equipped to handle a wide range of personal injury cases, from car accidents to other civil matters.
• Aggressive Representation: PTL Injury is known for its tenacious advocacy, fighting tirelessly to protect clients’ rights and interests.
• Comprehensive Support: Beyond legal representation, PTL Injury offers support and guidance throughout the entire legal process, making it as stress-free as possible for clients.

Choosing PTL Injury means partnering with a law firm committed to achieving the best possible results for its clients. Whether you’re dealing with a personal injury case or seeking advice on legal matters, PTL Injury stands ready to provide exceptional service and expertise.

Types of Motorcycle Accidents

Motorcycle accidents can occur in various types and severities. The following are a few examples:

• Head-on collisions: This type of accident involves a direct collision between the front ends of two vehicles, often resulting in severe, often fatal injuries due to the powerful impact and minimal protection for the motorcyclist.
• Rear-end collisions: Frequently occurring at stop lights, junctions, or heavy traffic, these accidents are caused when a vehicle collides into the back of the motorcycle. Typically, these can lead to whiplash, spinal injuries, or even propel the motorcyclist off their bike.
• Broadside collisions: Also known as a T-bone collision, these occur when the front end of a vehicle collides with the side of a motorcycle, usually at a right angle. This type of collision is one of the most dangerous for motorcyclists, as the rider’s side is directly exposed to the impact.
• Sideswipe accidents: These accident types happen when two vehicles are traveling in the same direction and the side of one vehicle impacts the side of another, often as a result of changing lanes, merging, or overtaking. Although these are generally less severe for car passengers, they can be catastrophic for motorcyclists, often throwing the rider off the motorbike.

Being aware of these types of accidents enables you to better understand the potential dangers you face when getting onto your motorcycle. Our seasoned attorneys are armed with ample experience and knowledge to navigate the often complex legal process following a motorcycle accident, upholding your rights and working relentlessly to secure the compensation you deserve.

Causes of Motorcycle Accidents

Being involved in a motorcycle accident can have severe physical and emotional repercussions. However, understanding common causes of these incidents can help to mitigate risks.

• Distracted Driving: Often, motorcycle accidents result from car drivers who are not paying attention to the road. Texting, conversing with passengers, or eating can cause a driver to take their eyes off the road, potentially missing a motorcyclist in their proximity.
• Drunk Driving: This has long been recognized as a leading cause of many accidents, motorbike included. Alcohol impairs the ability to respond swiftly and accurately to sudden changes, often resulting in catastrophic outcomes.
• Fatigued Driving: Tiredness severely affects one’s ability to operate any vehicle, including motorcycles. A sleepy driver may not be able to react quickly enough to avoid a collision.
• Tailgating by Cars: When other vehicles follow motorbikes too closely, there’s a limited margin for stopping or swerving which can easily lead to rear-end collisions.
• Road Rage: Aggressive driving behaviors such as speeding, changing lanes without signaling, or other infuriated actions can result in accidents.
• Unsafe Lane Changes by Cars: A car driver may not notice a motorcycle when changing lanes, leading to a side-collision accident.
• Lane Splitting: This controversial practice of a motorcycle moving between traffic lanes may lead to accidents, especially if the other drivers are not expecting such maneuvers.
• Motorcycle Defects: Mechanical faults or manufacturing flaws can contribute to accidents, especially if brakes, tires, or other critical parts fail mid-ride.
• Poorly Maintained Roads: Roads full of potholes, debris or lacking proper signage also pose risks for motorcyclists.

Understanding these causes reinforces the importance for motorcyclists and other motorists to exercise caution on the roads. Our law firm is here to help those affected by such accidents, offering sound advice and committed representation.

What to Do After a Motorcycle Accident

Motorcycle accidents can be life-altering events, capable of causing significant physical harm and financial hardship. When such an unfortunate incident occurs, there are a series of steps one should consider taking for one’s safety, legal protection, and potential compensatory needs:

• Getting medical attention: Following a motorcycle accident, immediate medical examination and treatment is crucial. This not only ensures that any injuries, visible or hidden, are promptly addressed but also establishes a record of injuries directly related to the accident.
• Reporting the accident to the police: Law enforcement can help create an official, objective record of the incident, clarifying details such as the involved parties, location, time, and circumstances. This can be instrumental in any subsequent insurance claims or legal proceedings.
• Gathering contact information of witnesses: Eyewitnesses can provide an unbiased recounting of the incident, potentially reinforcing your claim’s validity. Secure names, phone numbers, and addresses whenever possible.
• Documenting the accident scene: Photographs or videos covering the area, vehicles involved, weather conditions, and visible injuries can provide powerful evidence, helping elucidate the accident’s exact nature and causality.
• Consulting an attorney: Speaking with a personal injury attorney or professional experienced in motor vehicle accidents is paramount. They can help navigate complicated legal paths, negotiate with insurance companies, and represent your interests in court, if necessary.

By adhering to these guidelines after a motorcycle accident, an individual increases the likelihood of a favorable outcome both medically and legally, contributing to a smoother recovery process.

Whom to Sue After a Motorcycle Accident

• The Driver of the Car: The individual operating the vehicle that collided with the motorcycle is often the primary defendant in a motorcycle accident lawsuit. This individual’s actions leading up to the accident, such as reckless driving, intoxication, or distraction, can all contribute to their liability in a motorcycle accident claim.
• Employer of the Driver: If the driver of the car that hit the motorcycle was performing tasks related to their employment at the time, their employer may also be held accountable. This is typical if the driver was operating a company vehicle or was otherwise carrying out duties on behalf of their employer during the accident.
• Motorcycle or Parts Manufacturer: Manufacturers bear the responsibility for ensuring that their motorcycles and corresponding parts are safe for use. If a faulty part or design flaw contributes to an accident, the manufacturer could face a product liability claim.
• Motorcycle Repair Shop: A repair shop that has recently performed work on a motorcycle could be implicated if faulty or negligent repairs played a role in causing a subsequent accident.
• Government Entity: A government entity responsible for road maintenance could be sued if dangerous road conditions, such as potholes, lack of signage, or improperly maintained traffic signals, have contributed to the accident.

Understanding each potential defendant’s role in a motorcycle accident can be complex, making it crucial to involve a law firm equipped with knowledge and experience handling these types of situations. By doing so, you substantially increase the likelihood of a favorable resolution of your claim.

Proving Liability for a Motorcycle Accident

Navigating the aftermath of a motorcycle accident can be a daunting, anxiety-inducing challenge, often replete with complex legal implications. Underlying these implications is the concept of negligence, which typically forms the crux of pursuing compensation in these incidents. This negligence claim is central to holding the responsible party accountable, and it is broken down into four distinctive elements: duty of care, breach of that duty, causation, and damages. This is why it may be important to consult with an injury attorney.

Firstly, duty of care refers to each driver’s responsibility to exercise care and caution while on the road to avoid causing harm to others. As such, every motorist has a legal obligation to drive safely and adhere to traffic laws. A breach of this duty transpires when a driver fails to uphold this commitment by exhibiting reckless or irresponsible behavior, such as speeding, texting while driving, or driving under the influence.

Next, causation involves proving that this breach of duty directly led to the accident in question, resulting in injury or property damage. This correlation between negligence and its adverse outcome is crucial in substantiating the claim. Lastly, damages identify the financial repercussions of the accident, which might include medical bills, rehabilitation costs, loss of wages during recovery, and even emotional distress.

Beyond negligence, in some instances, defective motorcycles or parts may also factor into the liability equation. In these cases, a strict liability theory could apply, implying that the manufacturer can be held accountable for the accident, regardless of their intent or precautions taken. Understanding these concepts and moving forward adeptly requires capable and experienced legal guidance to yield the desired outcomes. This is why it is important to consult with an injury lawyer promptly.

Evidence in Motorcycle Accident Cases

Motorcycle accidents can have catastrophic consequences, and our legal team understands the importance of comprehensive evidence collection. It is crucial to compile a thorough set of evidentiary support for a personal injury lawsuit to ensure a successful claim.

• Photos and Videos of the Accident Scene: These crucial pieces of visual proof allow those reviewing your case to see the scene of the accident in context, providing a first-hand perspective of the incident site.
• Police Report: This crucial document outlines the specifics of the accident from an unbiased third party. It includes details such as the parties involved, the date and time of the accident, as well as the officer’s observations and determinations.
• Accident Reconstruction: This technique, often conducted by traffic crash reconstruction professionals, entails piecing together the facts of the accident to establish a clear sequence of events leading to the crash.
• Eyewitness Testimony: This involves accounts of the incident from those present at the scene. These statements can provide additional insight and clarification about the accident.
• Expert Testimony: This can come from automotive engineers or accident reconstruction experts who can provide professional insight on how and why the accident occurred.
• Medical Records: These documents highlight the extent of your injuries, treatments received, and the projected plans for future care. This evidence can help quantify the physical toll caused by the accident.
• Documentation of Damages: Recording items such as medical bills and pay stubs will help to demonstrate the financial impact of your accident, outlining an accurate account of the loss incurred as a consequence of the mishap.

Our committed team of lawyers strives to navigate each of these significant elements, advancing your claim while providing genuine support throughout the legal process. our team can help you navigate the evidentiary process and help you preserve evidence.

Common Injuries in Motorcycle Accidents

Motorcycle accidents can result in a myriad of catastrophic injuries, many of which have profound, long-lasting effects on the victim’s life.

• Brain Injuries: One of the most serious potential consequences of a motorcycle accident is a traumatic brain injury. Head trauma can lead to memory loss, cognitive impairment, or behavioral changes. Remember, helmet usage can significantly mitigate the risk of a devastating brain injury.
• Spinal Cord Injuries: Spinal cord damage from a motorcycle accident can result in partial or complete paralysis, often leading to a radical decline in quality of life or necessitate long-term medical attention.
• Amputations: Accidents may cause such significant damage to an extremity that it must be surgically amputated. Losing a limb can have a profound impact on a victim’s livelihood and prospects.
• Burn Injuries: Once exposed to volatile substances like gasoline, burns can occur, which are agonizing and can leave permanent scarring or disfigurement.
• Broken Bones: Given the lack of protection motorcyclists have compared to car drivers, broken bones are a common occurrence. These injuries, while treatable, may affect mobility and lifestyle.
• Road Rash: When a motorcyclist skids across the pavement, a severe form of skin abrasion known as road rash can occur. This can lead to infections, nerve damage, and permanent skin damage if not treated promptly.
• Soft Tissue Injuries: Damage to the body’s muscles, tendons, or ligaments can cause chronic pain and limit mobility.
• Lacerations: Open wounds or cuts may lead to significant blood loss, long-term scarring, and infection risks.

Many of these injuries could lead to fatal outcomes, opening the door for potential wrongful death claims. Remember, responding promptly and seeking professional legal aid can make a significant difference in securing fair compensation for the tragedy endured.

Comparative Negligence in Motorcycle Accident Cases

Understanding the intricate concept of comparative negligence is crucial when dealing with the aftermath of a motorcycle accident. The law often extends beyond the surface-level question of who caused the accident. It dives into calculated analyses of each party’s degree of fault and how it may impact their potential financial compensation. Comparative negligence, also known as shared fault, pertains to how the actions of both the plaintiff and the defendant contributed to the accident’s occurrence. Simply put, it’s a method to determine who shares what percentage of the blame.

In the state of California, the rules regarding comparative negligence work under the doctrine of pure comparative negligence. This allows a damaged party to recover even if they were 99 percent at fault. So, if a motorcyclist is partially at fault for an accident, it does not entirely foreclose the opportunity to receive compensation. The courts scale down the damages proportionately to the percentage of the plaintiff’s fault. For instance, if a motorcyclist is found to be 30 percent at fault for an accident, their recoverable damages will be reduced by that percentage.

Thus, while a motorcycle accident can be life-altering and traumatic, it’s important to remember that the legal system provides avenues for those involved to seek justice and compensation. Our adept law firm is prepared to guide you through the complex spectrum of comparative negligence, discerning the necessary evidence, and advocating fiercely for your rightful compensation.

Damages in Motorcycle Accident Cases

Motorcycle accidents often result in significant harm, requiring intensive and costly recovery. As a law firm deeply committed to guiding victims of such incidents through the legal labyrinth, addressing economic and non-economic damages are vital parts of our role.

• Economic Damages: These are quantifiable financial losses directly resulting from the accident. These include:
  • Medical Bills: Covering both immediate and ongoing costs. These range from emergency room care to rehabilitative services and everything in between.
  • Lost Income: Compensation for wages lost due to time off work for recovery. This might include days, weeks, or even months of missed work.
  • Future Treatment Costs: When an accident results in long-term or permanent injury requiring future medical care, these impending costs are considered.
  • Lost Earning Capacity: If the victim can no longer work or can only take on reduced tasks due to the severity of injuries, this projected income loss is factored in as part of the damages.
• Non-economic Damages: These often relate more to the psychological impacts post-accident, such as:
  • Property Damage: Covering repairs or replacement of the motorcycle or other property damaged in the accident.
  • Pain and Suffering: Pain and suffering claim accounts for physical discomfort and emotional distress suffered as a result of the accident.

Understanding these various damages helps shape our comprehensive and thorough approach to motorcycle accident claims. It’s our mission to work diligently to ensure all avenues of possible compensation are explored for our clients, aiding in their recovery and resolution.

Settlements in Motorcycle Accident Cases

Navigating the aftermath of a motorcycle accident can be complex and exhausting, mostly when legal procedures are involved. Among the key legal strategies commonly followed by your personal injury attorney is deciding on whether to opt for a settlement or proceed to trial. This process necessitates an in-depth understanding of the benefits and drawbacks associated with both approaches.

Settlements generally entail an agreement between the involved parties more quickly, keeping the accident victim away from lengthier judicial processes. It allows for a guaranteed sum to be received by the victim without the potential stress of a drawn-out court case. Nevertheless, it’s crucial to acknowledge the potential downside – settling might result in lower compensation than one might earn through a successful trial.

On the other hand, proceeding to trial might garner a higher remuneration if the case is victories. However, it’s vital to consider the time, emotional strain, and unpredictability inherent in court proceedings.

Accompanying every settlement is a release of claims, bringing closure to legal rights of victims post the accident. It essentially restricts the ability to seek further claim on the same accident, even if complications arise later on. Thus, it’s pivotal that victims are fully aware of their current and probable future medical conditions and costs before accepting a settlement.

As a seasoned law firm we guide you through these considerations, ensuring you are well-informed about the best legal approach in your unique circumstance. We understand every situation is different, and we tailor our guidance to accentuate your legal rights and welfare. Our team’s strength lies in its comprehensive knowledge and extensive experience in navigating these complex decisions surrounding motorcycle accidents.

Motorcycle Accident Statute of Limitations

In California, the victim of a motorcycle accident would need to consider the importance of the statute of limitations in the wake of their ordeal. The statute of limitations is a significant legal concept that essentially imposes a strict timeline on the victim to launch legal action against the party or parties responsible for the accident. This law exists chiefly to ensure that legal procedures take place in a timely manner and evidence is preserved in its most accurate and intact form.

For motorcycle accident victims in the Golden State, they have a time span of two years from the date of the incident to file a personal injury lawsuit in the state’s civil court system. If this window of opportunity is missed, the court may likely refuse to hear the case at any future date, resulting in the victim losing the chance to secure compensation for damages or injuries sustained from the accident.

This two-year period applies to any personal injuries or property damages that might have resulted from the accident. However, there are certain exceptions to this law, which can extend or shorten this period. Therefore, having a seasoned attorney who thoroughly understands the legal complexities and nuances related to such cases is imperative. Our firm possesses a wealth of experience in representing a diverse range of motorcycle accident victims and navigating them through the subtleties of the statute of limitations. Our dedicated legal team will guide you on the right path toward seeking justice and adequate compensation for your losses, ensuring that your rights and interests remain protected throughout the process.

Let Us Help You Pursue Compensation

Experiencing a motorcycle accident can be overwhelming and life-changing. Trying to navigate the legal system and fight for fair compensation on your own can further compound the already high stress levels. At PTL, our injury lawyers understand what you are going through and is committed to tirelessly working on your behalf.

With a proven track record in securing the compensation our clients deserve, we have honed our skills in relentlessly advocating for motorcycle accident victims. Our personal injury attorneys adeptly handle the complexities of legal processes and aggressively negotiate with insurance companies. Our zealous team ensures that your rights are upheld and strives towards a settlement that genuinely encapsulates your losses. Also, remember that we operate on a contingency fee basis, so you won’t owe us anything unless we achieve victory in your claim. Reach out to Power Trial Lawyers at (888) 808-2179 for a Free Consultation and take the first crucial step towards reclaiming your life after a motorcycle accident.

Common Types of Fatal Accidents

Being a victim of wrongful death can have severe emotional and financial implications on the survivors. Understanding the avenues in which wrongful death can occur helps in advocating for your rights and pursuing justice.

• Car Accidents – When a loved one falls victim to a negligent or careless driver, your world can turn upside down. The trauma from such an experience may take years to heal, leading to financial strain and emotional turmoil.
• Truck Accidents – Due to their size and weight, accidents involving trucks can result in fatal consequences. Incidents arise from driver-related factors, equipment failure, and improper cargo loading.
• Motorcycle Accidents – Motorcyclists are vulnerable to catastrophic injuries due to the increased exposure in an accident scenario. These incidents usually stem from other drivers failing to see motorcyclists or committing traffic violations.
• Slip and Falls – Unpredicted, they usually occur due to lack of maintenance, inadequate lighting, and spilled liquids or slippery surfaces. Property owners are responsible for ensuring the safety of their premises to prevent these accidents.
• Medical Malpractice – This involves cases where a healthcare professional fails to provide the standard care resulting in patient fatality. It could be due to misdiagnosis, surgical errors, nursing home neglect, or medication errors.
• Accidents involving Defective Products – Any product – from children’s toys to complex machinery – may contain flaws leading to severe injuries or death. These cases involve proving that the product was defective and the defect led to the injury.
• Workplace Accidents – These tragedies often happen when safety regulations are not properly followed. Industries such as construction, manufacturing, and transportation report high numbers of these incidents each year.

Recognizing the different types of fatal accidents guides individuals and families in understanding their legal rights allowing them to pursue rightful compensation.

Who Can Bring a Wrongful Death Lawsuit

The unexpected loss of a loved one can be devastating, particularly when their passing was the result of someone else’s negligence or intentional misconduct. In these circumstances, it’s crucial to have a firm standing with you that understands your rights under California’s wrongful death laws. Our law firm is knowledgeable and experienced in representing probate estates, immediate family members, and, in some instances, other connected individuals and parties. The various kinds of claimants are guided by a specific order of preference under state law.

A primary claimant who can file a wrongful death lawsuit includes the victim’s estate’s personal representative. This individual is typically named in the deceased’s will or trust and often also serves as the executor of the estate. They are tasked with settling the deceased’s affairs, which can include bringing a lawsuit for wrongful death if another person or entity caused the victim’s demise.

In other circumstances, if the deceased did not leave a will or trust, or the named personal representative is unwilling or unable to serve, immediate family members might file the wrongful death lawsuit instead. Immediate family members typically include the victim’s spouse, domestic partner, children, and sometimes, parents.

California law also recognizes the rights of certain other individuals to bring a wrongful death lawsuit, depending on their relationship with the deceased. This could include a putative spouse, children of the putative spouse, stepchildren, or parents, if they were financially dependent on the deceased.

Thus, our firm is well equipped to guide these potential claimants through the complex process of bringing a wrongful death lawsuit in the state of California. We’re here to help you navigate this challenging time, seeking justice for your loved one while keeping your family’s best interest at heart.

Whom to Sue for a Wrongful Death

Navigating the intricate legal world of wrongful death lawsuits can be overwhelming without adequate support and guidance. Our law firm values and embodies a profound understanding of these cases. Below, we delineate potential defendants in a wrongful death lawsuit:

• A Driver: If a driver’s negligent or reckless behavior results in the death of another party, they can be held accountable in a wrongful death claim. This may include instances of distracted driving, driving under the influence, or violating traffic laws.
• A Property Owner: Owners of property have a responsibility to maintain safe premises. In cases where a death has occurred due to dangerous or hazardous conditions that the property owner failed to alleviate, they may be liable.
• A Health Care Provider: Health care providers, like doctors or nurses, can be sued for wrongful death should their negligence or malpractice result in a patient’s fatality. This includes instances of erroneous diagnosis, improper treatment, surgical errors, and more.
• A Manufacturer or Retailer: If a product’s defect or malfunction leads to a fatality, the manufacturer or retailer could be considered accountable. This could occur if they failed to provide appropriate warnings or intentionally misrepresented a product’s safety.

Additionally, it’s important to note that the employer of a person responsible for a wrongful death can be held vicariously liable if the incident occurred while the employee was performing their job duties. Our determination to thoroughly examine each case ensures that we identify all responsible parties, contributing to our pursuit of justice for our clients and their loved ones.

Proving Liability for a Wrongful Death

Our law firm understands the profound sense of loss and despair resulting from wrongful death; an unforeseen fatality occurring due to the negligence or misconduct of another party. This complex area of law demands careful navigation, balancing sensitivity to the grieving family with the demand for unyielding pursuit of justice. In a typical negligence claim, there are four fundamental elements to dissect: duty of care, breach of duty, causation, and damages.

The concept of ‘duty of care’ can differ significantly, based on specific circumstances. Simplistically, it represents a standard of conduct — a responsibility to act (or refrain from acting) that a sensible individual would have in a similar situation. The ‘breach of duty’ involves the violation of this standard, effectively demonstrating the defendant’s misconduct or negligence.

The third element, ‘causation’, establishes the connection between the defendant’s actions (or lack thereof) and the resulting incident leading to the individual’s demise. Establishing causation is often a challenging process, involving an in-depth legal analysis.

‘Damages’ refer to the quantifiable impact on the victim and their surviving loved ones, encompassing medical expenses, funeral costs, loss of income, and the intangible yet considerable mental anguish suffered by those left behind.

Some wrongful death claims also employ a ‘strict liability’ theory. This means that the defendant can be held responsible regardless of fault or intent, particularly in incidents involving inherently risky activities or defective products.

Our law firm possesses a vast understanding of these nuances, supporting you through every step to ensure your loved one’s voice is represented rightfully, and justice prevails.

Comparative Negligence in Wrongful Death Cases

Navigating the complexities of a wrongful death case requires an adept understanding of many legal aspects such as comparative negligence, a concept that can significantly modify the compensation granted to an estate or bereaved family members. California’s legal system employs the mechanism of comparative negligence in a manner unique to its jurisdiction. Fundamentally, this concept hones in on the proportionate fault of each involved party in the incident that led to the wrongful death.

For instance, in California, an individual who brings forward a wrongful death suit is entitled to monetary recovery even if the departed was partially, though not completely, responsible for the incident. This is premised on its distinctive stipulation that a plaintiff can recover damages as long as the deceased was less than 100 percent at fault. This factor poses considerable implications on the final recompense granted. Simply put, the ultimate financial recovery will be directly proportional to the level of fault attributed to the defendant, potentially reducing the compensation if the deceased also bore some responsibility.

As a law firm, we are often called upon to explain this nuanced concept to our clients to provide them with a comprehensive picture of their potential case outcome. Our role extends beyond litigating on their behalf, encompassing educating clients on comparative negligence and other facets of the law that can influence the outcome of their case in the intricate network of California’s legal system. In every interaction, we strive to uphold the utmost transparency and reliability that define our professional law practice.

Statute of Limitations in Wrongful Death Cases

In accidental death cases, the statute of limitations is a critical and complex aspect in the state of California. This technical term refers to a deadline put in place by the jurisdictional laws, after which lawsuits cannot be filed. Under this regulation, families or estates have two years from the day of the death to file a wrongful death claim. This period ensures the integrity of evidence and the preservation of memories of relevant witnesses, ensuring a fair and just resolution.

Importantly, the clock starts ticking on the day the victim dies, regardless of whether the cause of death was known or not. A wrongful death case might seem straightforward, but the laws governing such cases can be intricate and involve numerous practical considerations.

Adhering to the statute of limitations is significant because failure to meet the deadline can forfeit the right to financial compensation for the victim’s family. However, certain exceptions can extend or pause the statutory period. Recognizing these nuances requires a deep understanding of California’s wrongful death laws and extensive experience handling such cases.

With uncertainty, pain, and loss clouding their judgment, victims’ families often find it difficult to navigate these legal intricacies. That’s where a committed law firm comes into the picture. Our attorneys understand the emotional toll a wrongful death can take, and we stand ready to shoulder the legal burdens, so bereaved families can focus on healing and moving forward. It’s crucial to act promptly and seek professional guidance to ensure the best outcome under these unfortunate circumstances.

Damages in Wrongful Death Cases

Wrongful death cases are complicated endeavors that require a deep understanding of the law, and our knowledgeable team has the background to competently guide you through this arduous process. This is particularly critical when it comes to understanding the potential damages that can be awarded in these cases. These can include:

• Burial and Funeral Costs: The estate can seek recovery of expenses incurred for the victim’s funeral and burial. One of the immediate financial impacts of an unexpected death can be the significant costs associated with saying a final goodbye.
• Medical Expenses Prior to Death: The costs of any medical care the deceased received as a result of the negligence that caused their death can be recovered.
• Pain and Suffering Prior to Death: The court may award damages for the physical pain and emotional anguish the deceased experienced before passing.
• Lost Income Before Death and Loss of Future Earnings: If the deceased was a provider, the financial impact on the family due to the loss of income and future earnings can be substantial.
• Loss of Consortium: The legal spouse of the deceased can seek damages for the loss of companionship in their marital relationship due to the unexpected death.
• Loss of Companionship: This refers to the emotional pain and suffering endured by family members due to their loss.
• Loss of Services: The family may be eligible to receive compensation for the value of services the deceased would have provided, such as home maintenance or childcare.

It’s crucial to understand that different damages may be awarded to the estate versus the family members. This distinction is just one of the many complex aspects of wrongful death cases that our team is ready to help you navigate.

Settlements in Wrongful Death Cases

Losing a loved one in circumstances where someone else is at fault is not only heart-wrenching, but it can also put a significant financial strain on the family. In such a situation, filing a wrongful death lawsuit can provide some form of financial relief. However, the litigation process can be complicated, requiring an in-depth understanding of the legal landscape. The decision to settle a case or proceed to trial can be a critical turning point and involves careful consideration.

Weighing the advantages and disadvantages of settling instead of going to trial is an essential consideration in a wrongful death case. A settlement typically allows for a quicker resolution because court proceedings can stretch over long periods due to the court’s backlog. It also offers a guaranteed payout, unlike in a trial where the outcome is uncertain. On the downside, the amount offered in a settlement might be considerably lower than what can be obtained at trial, and it may not adequately cover the financial losses incurred.

Further, it’s critical to understand that settling a case comes with a release of claims – an agreement that the claimant will not file further lawsuits related to the same incident. This legally binds a victim and restricts their future legal rights regarding the case. Consequently, it is fundamental to carefully evaluate all the factors before accepting or rejecting a settlement offer. With our legal team’s profound understanding of wrongful death law, we are here to guide you through these complex decisions and help you make choices that best serve your interests.

Let Us Help You Pursue Compensation

At Power Trial Lawyers, we know that no compensation can ever truly alleviate the deep grief and sorrow of losing a loved one to a wrongful incident. Yet, the financial repercussions that follow can impose a significant burden on families already enduring unimaginable distress. In understanding how high the stakes are, our alliance becomes essential in representing your rights. We aim to alleviate some of that weight by navigating the legal complexities of the wrongful death claim on your behalf. Our skilled and experienced attorneys are ready to evaluate the circumstances surrounding your case, advise you on the best course of action, and fight relentlessly for the justice and compensation your family deserves. The pursuit of a wrongful death claim can be an overwhelming endeavor. Allow us to provide the legal support you require during this challenging time. Contact Power Trial Lawyers at (888) 808-2179 to schedule a Free Consultation today.

Types of Work Injuries

Work injuries can take on many forms, each varying in severity but with potential long-term effects.

• Head injuries: These are among the most serious workplace injuries and can occur due to falling objects or slip and fall accidents. Symptoms may be as severe as concussions or traumatic brain injuries needing long-term care.
• Back Injuries: Often sustained due to heavy lifting or prolonged periods of sitting, these can lead to chronic discomfort or even disability.
• Broken Bones: Falls, being struck by objects, or accidents on the job often result in fractures, affecting mobility and job performance.
• Repetitive Stress Injuries: These are generally developed over time due to repetitive motion or prolonged strain, often seen in carpal tunnel syndrome.
• Burn Injuries: Workers are at risk of burn injuries from fire, hot surfaces, steam, or chemical exposure.
• Sprains and Strains: Overexertion or slips, trips, and falls can result in torn ligaments and strained muscles.
• Soft Tissue Injuries: These include injuries such as whiplash or hernias, which can be caused by an abrupt impact or overexertion.
• Electrical Injuries: Electric shocks can result in severe burns, nerve damage, or heart failure, which are common in construction jobs.
• Crushing injuries: Occur when part of the body is squeezed between two heavy objects, leading to severe pain, broken bones, or internal bleeding.
• Lacerations: Sharp objects and machinery can cause deep cuts, affecting nerves and muscles, leading to loss of function or disfigurement.
• Work-Related Illnesses: These can result from exposure to harmful environments or substances like asbestos. Long-term exposure can cause serious diseases, including cancer.

Each of these injuries requires immediate medical attention, proper rehabilitation, and adequate compensation to support recovery and maintain a person’s well-being.

Workers’ Compensation Claims

In the face of a work-related accident or illness, navigating the complexities of workers’ compensation can be stressful and challenging. The crux of the matter is that workers’ compensation is the sole legal remedy that an employee can seek against their employer or coworker under U.S. law. This is regardless of who bears responsibility for the occurrence of the accident. A significant point to remember is that for workers’ compensation to apply, the incident must occur while executing job-related tasks.

What does this mean for you? It means that the law acknowledges the risks inherent in workplaces, and it’s ready to provide a safety net for you if you become a victim of a workplace accident or illness. This safety net comes in three primary forms, which all collectively constitute what is called ‘benefits’ under workers’ compensation law.

Firstly, there are medical benefits. This is a financially protective measure that covers any incurred medical expenses relating to the treatment of the work-related injury or illness. Secondly, considering that the victim might be unable to work for a while, wage benefits act as an income supplement to offset the loss of regular wages during this period. Lastly, there’s vocational rehabilitation, a provision designed to help those who, due to their injuries, cannot continue with their previous job duties. This benefit might encompass necessary job retraining, placement services, and even counseling. By understanding these core principles, you’re better poised to handle and manage any work injury situation effectively.

Third-Party Work Injury Lawsuits

Accidents can occur in the blink of an eye, and when they happen at work, they can be particularly distressing and disheartening. When an individual suffers a work injury, it may be possible for him or her to seek legal action not only against their employer but also against a third-party who might be responsible for the accident. This course of action may bring to light greater possibilities for recovering damages that are unavailable through typical workers’ compensation claims.

To elaborate, this third-party claim doesn’t necessarily mean a coworker who might have inadvertently played a role in the accident. It could also involve a manufacturer of faulty equipment, an outside contractor, or a property owner whose negligent conditions contributed to the injury. Each case is nuanced and unique, often necessitating a comprehensive legal understanding and strategic approach.

But, it’s essential to remember that pursuing a third-party claim doesn’t have to preclude an individual from also seeking a workers’ compensation claim. This dual approach could potentially result in a more comprehensive compensation package that acknowledges the full gravity and consequences of a workplace accident. Our law firm is committed to navigating these complex situations to ensure that victims of workplace injuries are treated fairly and compensated justly. Our experience encompasses a wide variety of work-related injury cases, and our team has the legal acumen necessary to handle challenging scenarios and deliver favorable outcomes.

Whom to Sue in a Third-Party Work Injury Claim

• Vehicle Operator: If your work injury is due to a car crash while conducting your employment duties, the responsible vehicle operator may be accountable. Their negligent action, such as speeding, distractive driving, or failure to obey traffic laws, could lead to legal liability.
• Property Owner: Should your work injury originate from a hazardous condition in the workplace premises, the property owner can be liable. Common issues could pertain to wet floors resulting in slips and falls, inadequate lighting, faulty staircases or insufficient safety measures in place.
• Equipment Manufacturer or Distributor: If you are injured at work due to defective or malfunctioning equipment, the fault might rest on the shoulders of the equipment manufacturer or distributor. They are responsible for ensuring the safety and optimal functioning of their products for use in diverse workplaces.
• Maintenance or Service Company: When you possess a work injury elicited by the improper maintenance or repair of equipment or infrastructure by a service company, they might be accountable. These entities are obligated to provide proficient service to ensure the safety of employees using the property or equipment.
• Architects or Engineers: If a poorly designed structure or work area causes your injury, you can possibly sue the architects or engineers involved. They are responsible for creating safe and functional designs that adhere to standard building codes and regulations. In a scenario where their negligent design directly results in a work injury, they could be held liable.

Proving the Fault of a Third Party for Work Injuries

At our law firm, we believe in a comprehensive understanding of negligence claims in relation to work injuries. There are primarily four constituent elements of a negligence claim. Firstly, the element of ‘duty of care’ signifies that every employee has a right to expect a safe and secure working environment. Employers are legally obliged to ensure workplace safety and they are expected to do what a reasonable person would do in a similar situation to foster such an environment.

The second element of a negligence claim is ‘breach of duty.’ This suggests that if an employer fails to uphold their duty of care, they are in breach. For example, if critical safety measures are not implemented or safety equipment is not provided, employers may be held accountable for a breach.

‘Causation’, the third component, directly connects the breach of duty to the injury sustained. Quite simply, the injury of an employee must be a direct result of the negligence or breach of duty by the employer. Lastly, ‘damages’ refer to the legibility of the employee to claim compensation due to the injury resulting from the breach of duty.

On certain occasions, some work injury claims revolve around a ‘strict liability’ theory. This suggests that the employer may be held responsible for an employee’s injury disindependent of traditional negligence elements. It typically applies to inherently dangerous situations, where no amount of precaution can entirely eliminate risk. Handling these complex claims requires a law firm with a thorough understanding of the law and a commitment to fight for the rights of injured employees. Dedication, determination, and knowledge are what sets our law firm apart.

Comparative Negligence in Third-Party Work Injury Lawsuits

Comparative negligence is a critical concept in the realm of injury law that can significantly influence the compensation a victim might be entitled to receive. When an incident occurs, the fault is not always entirely on one party but can instead involve a percentage allocation of blame. Understanding comparative negligence can make a difference in the final outcome of the case.

In the state of California, the law surrounding comparative negligence operates under a system known as “pure comparative negligence”. This scheme allows a victim to recover damages even if they are partly to blame for the accident. However, their compensation will be reduced according to their fault percentage. If a plaintiff is found to be 30 percent responsible for the incident that caused the injury, then their total recovery amount will be reduced by that same percentage.

In other words, even if a victim is 99 percent at fault in California, they can still technically recover damages. However, the recovery would be minute, as it would be decreased by the plaintiff’s high percentage of liability. It’s worth noting that not all states follow this particular rule. Some use a “modified” comparative negligence rule that bars recovery if the plaintiff is found to be either 50 or 51 percent at fault, depending on the state’s specific laws. Understanding the particular rule applied in your case is crucial to anticipate potential outcomes effectively. Our proficient team of attorneys are well-versed in this area of the law to handle such complex issues effectively and efficiently, thereby maximizing your legal rights and potential recoveries.

Damages in Third-Party Work Injury Lawsuits

Work injuries can take various forms and may tribute to severe physical and emotional distress. Having to deal with the financial implications from these damages can significantly increase the difficulties faced during recovery. Hence, it is critical for injured workers to understand the types of damages that may be collected in third-party work injury lawsuits. These damages typically fall into two broad categories: economic and non-economic damages.

• Economic Damages: These are the tangible costs resulting from an injury. They are straightforward to quantify as they are typically documented expenses. Workers can seek financial compensation for:
  • Medical Bills: This includes the costs of emergency room visits, hospital stays, surgeries, medication, physical therapy, and any other medical expenses that result from the injury.
  • Lost Income: If an injury prevents a worker from performing their regular duties, they may be entitled to compensation for lost wages during the recovery period.
  • Future Treatment Costs: If a worker’s injury requires ongoing medical care, those costs can be considered when determining compensation.
• Non-economic Damages: These are intangible losses that do not have a specific monetary value but significantly affect one’s quality of life. They include:
  • Lost Earning Capacity: If a worker’s injury impacts their ability to earn future income, they may be entitled to compensation to offset this loss.
  • Pain and Suffering: This covers the physical pain and emotional distress caused by a work injury. It includes anxiety, depression, loss of enjoyment of life, and other mental and emotional distress.

Our team is here to help you navigate through these complex issues and ensure you receive the compensation you deserve.

Statute of Limitations in Third-Party Work Injury Lawsuits

Understanding the importance of the statute of limitations when it comes to workplace injuries is critical to any potential legal action you may be considering in the aftermath of an accident. Simply put, the statute of limitations is a predetermined period of time during which a workplace accident victim can initiate a lawsuit. In the state of California, the statute of limitations for a third-party work injury claim is typically two years from the date of the injury. However, if the injury was not discovered right away, then the timeframe may be extended to one year from the date the injury was discovered.

Why does this matter to an accident victim? The importance of the statute of limitations cannot be overstated. If you fail to file a lawsuit within the specified timeframe, you may lose your right to seek legal recourse for your injuries and any associated damages. Adhering to this timeline is thus integral to safeguarding your potential to obtain compensation. By understanding your rights, timeframes, and legal avenues, you equip yourself with the knowledge necessary to navigate the complexities of workplace injury law effectively.

Our law firm has an exceptional record of helping individuals understand these often complex legal terms and their implications. With our thorough understanding of work injury laws, we can offer guidance and representation to ensure that your case is filed within the mandated timeline. You’re not alone in this. We are committed to helping you understand your rights and navigate the legal landscape. This area of law might seem daunting, but with the right professional support, it doesn’t have to be.

Settlements in Third-Party Work Injury Lawsuits

Every day, countless individuals suffer injuries while on the job, which can be life-altering, causing significant discomfort, anxiety, and financial strain. Hiring a seasoned law firm like ours with a record of success handling work injuries can be pivotal in getting your life back on track. We assertively advocate for our clients who have been afflicted, relentlessly pursuing the compensation you rightfully deserve from employers or insurance companies, whether it’s reimbursement for medical bills, lost wages, or other related expenses.

However, one of the choices injured workers face post-accident is whether to settle their claims or proceed to trial. Each path carries potential advantages and drawbacks. Case settlements often result in quicker payouts, alleviating pressing financial needs and avoiding the stress of a court trial. Conversely, going to court can sometimes yield higher compensation, particularly when there’s strong evidence of grievous negligence.

It’s crucial to understand that accepting a settlement typically comes with a release of claims — an agreement to waive any future lawsuits related to the accident. While this can expedite matters, it may limit your legal rights moving forward. Therefore, we stand by our clients, guiding them through each step, to aid in making these crucial decisions with a clear understanding of potential consequences. Our practice in handling work injury cases allows us to advise you appropriately based on the intricacies of your case and the nature of the injury. Every case is unique, and so should be the strategy to tackle it.

Let Us Help You Pursue Compensation

Being a victim of a workplace injury should not leave you powerless. The attorneys at Power Trial Lawyers are dedicated to helping you secure rightful compensation and will guide you through the intricacies of workers’ compensation and third-party injury claims. We treat each case uniquely, acknowledging the individual needs and circumstances that shape your claim. We strive to obtain success for you, whether that involves a settlement or going to trial. Our robust legal team will tirelessly fight to hold at-fault parties accountable, aiming to restore your quality of life and alleviate the financial burden caused by work injuries. Your journey to justice and recovery should not be tread alone. Contact us today at (888) 808-2179 to take the initial step toward securing your future and wellbeing. We offer a free consultation to understand your case and determine the best course of action for you. Trust us to protect your rights and interests. Put the power of law on your side with Power Trial Lawyers.

In a recent turn of events, Michael Cohen, former attorney to Donald Trump, admitted to stealing from his former client. This revelation, highlighted in a Newsweek article, has significant implications not only for ongoing criminal investigations but also for potential civil cases against Cohen. Our attorney, trial lawyer Matthew Barhoma, succinctly stated, “This could undermine Cohen’s credibility as a witness,” which is crucial for understanding the broader legal repercussions of Cohen’s admission. Newsweek quoted trial attorney Matthew Barhoma for his legal analysis and commentary on the topic, as discussed below.

Michael Cohen’s Admission and Its Civil Implications

Michael Cohen’s admission to stealing from Donald Trump has sent shockwaves through the legal community. His acknowledgment of unethical and illegal behavior raises questions about his credibility and reliability as a witness in any legal proceeding. For those considering or currently engaged in civil litigation against Cohen, this admission could be a pivotal point in their cases.

The Importance of Credibility in Civil Cases

Credibility is a cornerstone of any legal case, but it becomes especially crucial in civil litigation where the burden of proof often rests on the preponderance of the evidence. Matthew Barhoma’s comment, “This could undermine Cohen’s credibility as a witness,” underscores how vital a witness’s integrity is to the outcome of a case. When a witness is shown to have engaged in dishonest or criminal behavior, their testimony can be significantly devalued, if not entirely dismissed. Trial Attorney Matthew Barhoma stated, “The very hush money [Michael Cohen] was called to testify about, he could not answer correctly, and hurt the case”. Matthew Barhoma added, “now, with this admission, I think new legal issues could loom for Cohen.”

Potential Civil Actions Against Michael Cohen

For individuals or entities considering a civil lawsuit against Michael Cohen, his admission can be leveraged to strengthen their cases. Here are a few potential civil actions that could arise:

1. Fraud and Misrepresentation: Victims of Cohen’s deceitful practices could pursue civil claims for fraud and misrepresentation. His admission of theft can serve as strong evidence of his propensity for dishonest behavior.
2. Breach of Fiduciary Duty: As an attorney, Cohen owed his clients a fiduciary duty to act in their best interests. Admitting to stealing from Trump directly breaches this duty, providing a solid foundation for civil litigation.
3. Legal Malpractice: Clients who suffered due to Cohen’s unethical practices could file for legal malpractice. His admission strengthens the argument that his professional conduct was below the acceptable standard of care.

Building a Strong Civil Case

To build a strong civil case against Michael Cohen, plaintiffs should focus on gathering comprehensive evidence that highlights his unethical behavior. This includes:

• Documenting Financial Transactions: Plaintiffs should collect any financial records or communications that illustrate discrepancies or unauthorized transactions.
• Testimony from Affected Parties: Gathering statements from other clients or associates who experienced similar issues can help establish a pattern of behavior.
• Leveraging Cohen’s Admission: Using Cohen’s public admission strategically to question his credibility and highlight his untrustworthy nature during legal proceedings.

The Role of a Personal Injury Attorney

Navigating the complexities of a civil case against someone with a high profile like Michael Cohen requires experienced legal representation. A seasoned personal injury attorney can help:

• Assess the Viability of Your Case: Determining whether your claim has sufficient merit and the likelihood of success based on available evidence.
• Strategize Legal Approaches: Developing a robust legal strategy that incorporates Cohen’s admission and other pertinent evidence to strengthen your case.
• Negotiate Settlements: Engaging in negotiations with Cohen or his representatives to reach a fair settlement without prolonged litigation.

Conclusion

Michael Cohen’s admission of stealing from Donald Trump has profound implications for his credibility and opens the door for various civil actions against him. As Matthew Barhoma aptly noted, undermining Cohen’s credibility is crucial for any legal proceedings. If you believe you have been wronged by Michael Cohen, consulting with an experienced trial attorney can provide you with the guidance and representation needed to seek justice and compensation.

For more information or to schedule a consultation, contact our firm today. We are committed to helping victims of unethical and illegal practices find the justice they deserve.

Common Types of Personal Injury Cases

• Car Accidents: Sustaining injuries from a car accident can be physically and emotionally distressing. Our legal team handles such cases with equal concern, helping you recover from the damages inflicted.
• Truck Accidents: Larger than most road vehicles, trucks can lead to catastrophic accidents. Our team is proficient in handling these cases, undertaking an extensive investigation, and bringing you rightful compensation for your suffering.
• Motorcycle Accidents: Motorcyclists often face severe injuries due to reduced protection compared to car occupants. Our attorneys provide diligent representation to motorcycle accident victims, furnishing sound legal advice and vigorous advocacy.
• Slip and Falls: Certain premises might be hazardous due to lack of maintenance or negligent management, leading to injury-causing falls. We successfully represent victims of such accidents, making sure the responsible party is held accountable by law.
• Medical Malpractice: When healthcare providers fail to meet the standard level of care causing harm, our firm steps in to defend victims’ rights.
• Products Liability: If a defective or dangerous product has caused your injuries, our proficient legal team is ready to file a products liability claim and stand up to large corporations on your behalf.
• Nursing Home Negligence and Abuse: The elderly deserved respect and appropriate care. Any form of negligence or abuse in a nursing home is unacceptable. Our attorneys will fight diligently for you to expose such behavior and secure justice for the victims.
• Work Injuries: When you are injured on the job, you deserve compensation for your medical bills and lost wages. We handle workers’ compensation and third-party workplace injury claims.
• Dog Bites: If you’re a victim of a dog bite injury, we will pursue the owner, securing your compensation for medical expenses, pain, and suffering. Our firm is fully equipped to handle all dog bite injury cases.

Elements of a Negligence Claim

In an unpredictable world, accidents can happen that result in personal injuries. Obtaining the appropriate compensation, however, requires establishing negligence on the part of the responsible party. This process involves four crucial elements: duty of care, breach of duty, causation, and damages.

Understanding these components is essential while pursuing a personal injury claim. Firstly, the duty of care refers to the obligation one has to avoid causing harm to others. For instance, drivers have a duty of care to drive responsibly and avoid putting others in danger, while doctors have a duty to provide competent medical care.

The second element is the breach of duty. When a person fails to meet their duty of care, whether intentionally or inadvertently, it constitutes a breach. This could include everything from texting while driving, resulting in an accident, to a doctor misdiagnosing a medical condition due to negligence.

The third element of a negligence claim, causation, necessitates proving that the breach of duty directly resulted in the personal injury. This can be complex and often requires tangible evidence or testimonies establishing the event’s cause-and-effect relationship.

Lastly, the damages signify the adverse outcomes suffered by the victim covering physical, emotional, and financial aspects. This includes medical expenses, loss of income, emotional distress, and pain and suffering. Understanding these four elements is imperative in pursing a personal injury claim. Our law firm of personal injury lawyers is committed to guiding you through this complicated process, working tirelessly to ensure justice and fair compensation.

Comparative Negligence and Other Defenses

Navigating the complex realm of personal injury law can be a daunting task. At the center of many injury claims is the principle of comparative negligence. By definition, comparative negligence recognizes that multiple parties can share fault in an accident. This principle plays a significant role in determining the amount of compensation a victim may receive. For instance, if you were injured in an accident but found partially at fault, the compensation awarded to you could be diminished by the percentage you were deemed negligent.

The law in our home state of California follows a unique variation of this principle, known as pure comparative negligence. In pure comparative negligence states like California, a victim can still recover damages even if they were 99% at fault. Yet, the amount of compensation will be reduced by the victim’s degree of fault. For example, if you were to be awarded $100,000 but found to be 40% at fault, your compensation would be reduced to $60,000.

It’s important to note that successfully navigating these claims requires a thorough understanding of local laws and a strategic approach to claim presentation. With a wealth of experience in tackling these types of cases, our law firm has the capability to support and guide you through your journey to justice. Our team is skilled, dedicated, and ready to zealously advocate for your rights while ensuring you receive the appropriate compensation. Trust our competent team to guide you through the complexities of personal injury law. We are committed to providing exceptional legal services to each of our clients, working to uphold their best interests at every turn.

Damages in Personal Injury Cases

At our law firm, our Personal Injury Lawyers handle a broad range of personal injury cases, including those involving various types of economic and non-economic damages. These categories are distinguished by their tangible and intangible aspects:

• Medical Bills: These are the immediate economic damages recoverable after an accident. They cover all the expenses incurred for the medical treatment needed post-injury, from ambulance rides to hospital stays, surgeries, medications, and even physical therapy.
• Lost Income: This pertains to wages lost from the inability to work because of the injury. Our law firm values your time and the effort you put into your work, and we understand how missing out on your hard-earned income can seriously impact your life.
• Future Treatment Costs: These are for the projected medical costs that a victim may incur due to ongoing treatment, rehabilitation, or maintenance medications. These expenses are also categorized as economic damages.
• Lost Earning Capacity: This is an estimate of the victim’s diminished potential to earn in the future because of the bodily harm suffered, often in scenarios where the injury results in permanent disability or drastic career shift.
• Property Damage: This refers to any harm done to your personal property during the accident, such as a vehicle in a car crash. This is also included in the economic losses covered in personal injury cases.
• Pain and Suffering: This encompasses the physical distress and emotional anguish incurred as a direct result of the injury and the consequent adjustments the victim must make in his or her life. As this involves mental and emotional facets, it is classified as non-economic damage.

Our firm fathoms the complex nature of damages in personal injury cases and provides competent legal services to assist you in this trying time.

Wrongful Death Claims

When the unexpected happens, and tragedy strikes in the form of a fatal accident, it can uproot the lives of those left behind. A wrongful death claim might be an applicable course of action after such an event. This is a legal option that can be sought against the person or entity responsible for the unfortunate incident. At our law firm, dedicated and seasoned professionals work tirelessly to represent you or your loved ones during these difficult times. Delving into the intricacies of each legal step, we strive to demonstrate the fault on the part of those responsible for the tragic misfortune.

Variety lies in the types of damages that may be claimed, opening a window of opportunity for the estate and the victim’s family members. These damages may encompass the financial burdens placed upon the family due to the loss, including the loss of financial support, the costs of medical treatment prior to the decedent’s passing, and funeral expenses. Additionally, non-economic damages could include the pain and suffering faced by the deceased before death, the loss of companionship suffered by their loved ones, and more.

Navigating through these complex scenarios can be overwhelming. That’s why our firm offers profound guidance based upon years of experience handling similar cases. We aim to provide not just legal assistance, but also aid in lifting some of the emotional and psychological burdens that come with pursuing a wrongful death claim. You don’t have to face this challenging journey alone. Our dedicated legal team is here to provide support every step of the way, helping bring justice to those affected by such a devastating accident.

Statute of Limitations for Personal Injury Cases

Understanding the timeline and procedure for personal injury claims is crucial to protecting one’s rights and securing fair compensation. In the realm of personal injury law in California, a prominent doctrine that claimants must consider is the statute of limitations. This critical legal concept governs the timeframe within which a victim can initiate legal proceedings from the date of the injury incident. As per California law, the statute of limitations for personal injury claims is two years. Injuries not realized immediately grant the victim an extended period from the day they become cognizant of their injury.

While a two-year period might seem ample, it is vital for victims to recognize the importance of the statute. It serves as the countdown towards the dissolution of their legal rights to bring forth injury claims and receive compensation. Therefore, it is in their best interest to act expeditiously to secure their rights. Any delay observed in honoring the statute of limitations puts their chances of obtaining restitution at risk. Once the window closes, courts typically dismiss tardy cases, leaving victims powerless against at-fault parties.

Understanding the intricacies of these laws clearly underlines the necessity to partner with a law firm well versed in personal injury law. Our seasoned team of legal professionals is dedicated to helping you comprehend these statutes, navigate the complexities of personal injury law, and strive towards obtaining the compensation you deserve. Armed with analytical acumen and a deep rooted understanding of the legal landscape, our team stands poised to advocate passionately for your rights and provide you with the support you require.

Settlements in Personal Injury Cases

A personal injury case can often be a long and complex process, leading many clients to question whether it would be in their interest to settle their case instead of going to trial. Needless to say, both options carry their respective merits and demerits. The prospect of a settlement can present a quicker resolution to your case, allowing you to avoid the potential stressors and uncertainties associated with a trial, which may prolong the time it takes to secure compensation on your behalf.

However, it’s important to consider that settling means agreeing to an absolute closure of your case, without the possibility of reopening or readdressing it in the future. This is typically accompanied by a release of claims — a legal agreement that a victim will not pursue any further legal action concerning this specific incident.

Settlements can offer the advantage of a guaranteed compensation, which is a comforting security for some victims. Although the compensation amount might be lower than what could potentially be won at trial, you avoid risking leaving court with less than expected, or worse, nothing at all. On the other hand, choosing to go to trial opens the door to potentially larger compensation, especially in the event of a significant injury or negligence, but this is not guaranteed.

Making the decision to settle or to go to trial can be overwhelming, but you do not need to make it alone. Our seasoned attorneys stand ready to guide you through each step of the process, provide unbiased counsel, and help you determine the right path for your personal injury claim based on your unique circumstances.

Let Us Help You Pursue Compensation

If you have suffered a personal injury due to another party’s negligence, it is crucial to take prompt action to defend your rights and pursue compensation. At Power Trial Lawyers, our personal injury lawyers understand the hardships you face in such situations. The emotional, physical, and financial toll can be overwhelming. Therefore, it is our mission to stand by you during these challenging times, offering support, legal advice, and vigorous advocacy. Armed with extensive legal know-how, we painstakingly examine every detail of your case, providing personalized attention and tailored strategies aimed at securing the best possible outcome. We are here to help you hold negligent parties accountable and seek rightful compensation for your damages. As personal Injury lawyers, that is what we do–fight for your rights. Contact us for a Free Consultation at (888) 808-2179. Life can throw unexpected challenges at you. During such times, let us be your trusted legal support, fighting steadfastly for the justice you truly deserve.

Navigating the aftermath of an accident can be a daunting task, fraught with legal complexities and emotional strain. Engaging the services of a Southern California personal injury lawyer like Power Trial Lawyers can significantly ease this burden. Not only do you get expert legal guidance but also peace of mind during a challenging time. Here are several compelling reasons to consider retaining a personal injury attorney.

1. Specialized Legal Knowledge

Personal injury law is a specialized field requiring extensive knowledge of both state and federal regulations. PTL Injury Lawyers is a Southern California personal injury law firm who dedicate their careers to mastering this domain, ensuring that they are well-versed in the nuances of personal injury cases. This expertise allows them to offer precise and informed legal advice, significantly enhancing the likelihood of a favorable outcome.

2. Familiarity with the Legal System and Key Players

Experienced personal injury attorneys have a deep understanding of the local legal system, including the various procedural rules and the key individuals involved, such as judges, clerks, and opposing attorneys. This familiarity can be instrumental in navigating the complexities of the legal process, ensuring that all filings are timely and properly executed and that court protocols are meticulously followed.

3. Skilled Negotiation for Better Settlements

Negotiating with insurance companies and opposing counsel can be a formidable challenge for individuals without legal training. Southern California personal injury lawyers are adept negotiators, capable of leveraging their knowledge and experience to secure the best possible settlement for their clients. They understand the tactics used by insurance adjusters to minimize payouts and can counter these effectively to ensure fair compensation.

4. Expertise in Dealing with Insurance Companies

Insurance companies often employ strategies designed to limit their financial liability. A seasoned personal injury attorney understands these tactics and can navigate the complexities of insurance claims with ease. By handling communications and negotiations with insurance adjusters, attorneys ensure that their clients’ rights are protected and that they receive the maximum compensation to which they are entitled.

5. Crucial Trial Experience

While many personal injury cases are settled out of court, some may proceed to trial. Having a Southern California personal injury lawyer with extensive trial experience can be a decisive advantage. These attorneys are skilled in courtroom procedures, evidentiary rules, and persuasive argumentation, all of which are critical to securing a favorable verdict. Their ability to present a compelling case can significantly influence the outcome of a trial.

6. Providing Peace of Mind During Recovery

The aftermath of an accident is often a period of physical and emotional recovery. During this time, the stress of managing legal matters can be overwhelming. By retaining a personal injury attorney, clients can focus on their recovery while their lawyer handles the legal intricacies. This support provides significant peace of mind, knowing that a professional is advocating on their behalf.

7. Contingency Fee Arrangements

Many personal injury lawyers operate on a contingency fee basis, meaning they only get paid if they win the case. This arrangement aligns the interests of the attorney and the client, ensuring that the lawyer is motivated to secure the best possible outcome. It also provides access to legal representation for individuals who may not have the financial resources to pay upfront legal fees.

Conclusion

Engaging a Southern California personal injury lawyer can provide invaluable assistance in navigating the complexities of personal injury law. From specialized legal knowledge and skilled negotiation to providing peace of mind during recovery, the benefits of retaining an attorney are manifold. By securing expert legal representation, individuals can ensure that their rights are protected and that they receive the compensation they deserve.

Whether dealing with the aftermath of a car accident, a slip and fall, or any other personal injury incident, having a dedicated and experienced attorney by your side can make all the difference in achieving a successful outcome. Contact us to consult with a PTL Injury Lawyer today at 888-808-2179.

What Can You Do When Someone Does a Hit and Run to You?

Hit and runs come in various forms. Pedestrians or other vehicles could be involved, it might happen on a freeway or in a parking lot, the driver may or may not show their face before fleeing the scene—no matter what type of hit and run occurs, here are some steps you can take in the aftermath.

Ensure That You and any Other Parties Involved are in a Safe Place

Wherever collisions occur, there is a potential risk of chain car collisions. That is why it is critical that you make sure you, your passengers, and any pedestrians nearby are all in safe spots. Especially in bad conditions or if the road is dark, those who are curious or distracted might be at great risk for another accident.

Record all Information Possible

As soon as the hit and run has taken place, it is important to record any information about the collision that you may remember or still see. Photos can be incredibly useful, since they provide visual evidence of the scene.

Take photos and videos of the vehicle(s) involved, and of any injuries suffered by anyone involved, and get photos that show the place where the hit and run occurred.

It can also help your claim if you can remember or are able to obtain the following information:

• Model of the car
• Year
• Make
• License plate number
• Car color and characteristics
• Physical traits of the driver
• Names and contact information of any potential witnesses
• Time, date, as well as location of the incident
• Damage taken by you, passengers, your vehicle, or any other parties
• Weather conditions

Seek Medical Attention and Obtain a Medical Record

After the car accident, it’s important to seek immediate medical attention. If there is an insurance company involved, they might try to argue that no injuries were sustained. Get a medical record as soon as possible to help boost the legitimacy of your insurance claim later on.

Legalities and Penalties of a Hit and Run

A hit and run is not legal. There may be severe criminal penalties and consequences for leaving the scene of a car accident. The laws concerning hit and runs vary from state to state, so it may be important to find an attorney to help you pursue justice and proper financial compensation.

Hit and Run Criminal Penalties

According to Nolo, a hit and run can be classified as either a felony or misdemeanor.

In most states, the accident will be classified as a felony in cases where there is any injury to a person, whether that person is a vehicle occupant or a pedestrian.

A felony hit and run can result in a fine anywhere from $5,000 to $20,000. Incarceration is also possible, and a felony hit and run is punishable by up to 15 years in prison.

Even if the hit and run is classified as a misdemeanor, that does not mean there are no consequences. The party who is responsible for the accident but flees the scene can be fined up to $5,000 and/or be made to serve up to one year of jail time.

Administrative Penalties: What Happens to Your Driver’s License if You are Convicted of a Hit and Run?

On top of criminal punishment, harsh administrative punishment is also a possibility.

If someone is convicted of a hit and run, their driver’s license will usually be suspended automatically for around six months. Depending upon the circumstances, their license may instead be revoked for as long as three years.

In some states, under certain circumstances, a license can be revoked for the driver’s lifetime.

Civil Penalties for a Hit and Run

The party causing the accident may also be sued in civil court for damages by the other party or parties.

Be aware that the monetary consequences ordered by a court are typically a lot higher if the at-fault party is liable for hit and run in addition to being at fault for the accident. Such punitive damages or treble damages will greatly increase the financial compensation the at-fault party needs to pay.

Punitive and treble damages are usually not covered by car insurance policies. That means a judge could order the hit and run driver to pay quite a large sum of money to the plaintiff.

How to File an Auto Claim With Just a License Plate

The National Highway Traffic Safety Administration (NHTSA) noted that two percent of rural crashes with fatalities are hit and runs, whereas seven percent of urban fatal crashes are considered hit-and-runs.

Sometimes, a driver will flee the scene or refuse to give out any identification information, regardless of whether a fatality or injuries have occurred. If a driver who might be at fault seems nervous or agitated by the thought of you identifying them or calling the police, it is often better to take the safe route and agree with the driver and let them drive off. Take note of the license plate and the rest can be handled later.

Here are some things to consider when filing a claim with an insurance company. An accident attorney can also assist you in the process of filing a claim.

Why Might Someone Flee the Scene or Not Cooperate?

There are many reasons for a driver to flee the scene of a hit and run. Most likely they are terrified of the consequences. It’s even possible that the car they’re driving was stolen.

In cases where the car was stolen, the license plate number may or may not prove useful when you file an insurance claim.

How to Find an Insurance Company by License Plate?

The state DMV is typically willing to provide insurance details based on the car and license plate information you give them. However, this process will require a valid reason, since DMVs don’t want to violate privacy expectations and give personal details out without a valid reason.

Once you’ve collected all the information and provided it to your car insurance agent, they will begin investigating the case. If the police have been called to the scene, authorities will also be able to look into criminal penalties and other issues that might arise as a result of the collision.

Get Help From Legal Experts and Attorneys

Learning about your options when dealing with a hit and run can be confusing. No matter what scenario you are in, you can contact our team at Power Trial Lawyers to get legal assistance. Call Power Trial Lawyers P.C. at (888) 808-2179.

The team at Power Trial Lawyers is here to help. Call us today (888) 808-2179. Our dedicated team of law professionals will gladly walk you through the complicated nuances of the legal system. Contact our team today to see if you possibly hold an entitlement to compensation for your accident. We’re here to help.

Most wildfires are caused by people. Acts such as leaving a campfire unattended, or carelessly discarding a lit cigarette, can start wildfires that blaze out of control.

Intentional acts of arson are also a common cause of wildfires. Arson cases can be hard to prosecute because of the need to prove both the actus reus (act of starting the fire) and the mens rea (intention to cause harm).

Drought is a well-known problem that can make large swaths of land drier and more susceptible to wildfires. Lightning is another major cause of wildfires. Typically, fires caused by lightning burn far more land than fires caused by humans.

Climate change has resulted in periods of more extreme heat. Rising temperatures have doubled the number of acres burned by wildfires since the 1980s. Global warming has also caused the planet to become drier over time, which makes it more prone to severe wildfires.

Types of Damages When Filing a Wildfire Claim

According to the U.S Fire Administration $14.8 billion was lost in 2019 due to wildfire-related destruction. There are many types of damages that may give you sufficient grounds for a wildlife claim. Here are some of the most common types of damages and losses.

Financial Loss and Property Damage

Property damage can be an immense financial loss, so it is important to be sure that your property is adequately covered by insurance, and that you are aware of what counts as property in your state.

Property damage includes damage to or the loss of:

• A home
• A structure
• A business
• Any personal property or possessions
• An item that has sentimental value

If you or a loved one suffer from a loss of income due to a wildfire, such a loss of profit or an interruption to your business, notify your insurance company.

Damage to a home can come in many forms, such as a structure in the home becoming cracked due to exposure to high heat, or smoke damaging your furniture and plants.

The state of California considers pets to be property, so if you experience the loss of a pet, or if your pet incurs injuries, the potential compensation would fall under the category of property damage.

In some cases, wildfire victims may qualify for disaster relief and loan assistance if they are struggling with mortgage payments.

Physical Injuries From Wildfires

Victims injured in a wildfire can file claims based on their physical injuries. Burns are not the only type of injury that a wildfire can cause. Here is a list of possible physical injuries:

• Severe burns
• Muscle damage
• Ligament damage
• Scarring and/or disfigurement
• Smoke-related injuries
• Respiratory system damage
• Catastrophic injuries, such as spine, spinal cord, or brain damage
• Permanent disability
• Eye injury
• Ear injury
• Explosive blast injuries
• Amputations and/or loss of limb
• Infections and other health complications

As a result of physical injuries, there are many expenses that may need to be paid, and you and your loved ones may be eligible for financial compensation.

Medical costs related to the injury may include the cost of surgery, medication, medical devices, live-in care, physical therapy, rehabilitation, specialist assistance, and scans.

Injuries that cause non-economic or intangible loss will be covered in the next section.

Pain and Suffering for Wildfire Injuries

Noneconomic damages and intangible losses are common in the wake of wildfires due to the traumatic nature of natural disasters. When you are filing a wildfire claim, you may be able to include experiences that fall under the category of pain and suffering.

Pain and suffering can be sometimes hard to prove due to their intangible nature. Conditions that may make you eligible for financial compensation include:

• Physical pain
• Nerve damage
• Chronic pain
• Permanent disability
• Disfigurement
• Impacted vision or hearing
• Emotional distress and anguish
• Stress and inconvenience
• Post-traumatic stress disorder
• Grief related to losses
• Diminished quality or enjoyment of life
• Depression and anxiety
• Homelessness
• The loss of consortium
• The loss of a loved one
• The loss of a pet

If you are citing pain and suffering for you and your family in your wildfire claim, it is necessary to provide proof of pain. This proof may be obtained from:

• Testimony from a family member or a friend
• A journal recording the injuries
• Medical records
• A formal diagnosis (from a psychologist or a psychiatrist)

Wrongful Death Claims for Wildfire Victims

It can be emotionally difficult to receive financial compensation in a situation where you have lost a loved one to a wildfire. Money cannot compensate for the pain of losing a loved one. However, financial compensation can help greatly if there are debts that need to be paid.

In cases of wrongful death caused by a wildfire, you may be eligible to receive financial assistance. The list includes:

• Funeral expenses
• Lost earnings
• Lost inheritance
• Loss of spousal consortium
• Loss of value from household services
• Decedent’s property loss
• Medical expenses

How to Show Negligence and Prove Fault in Wildfire Lawsuits Against Companies

Sometimes a company may have been negligent in preventing wildfire-related damages and losses. You may be able to file a lawsuit against a company in this case.

A utility company may be responsible for the fire and may be sued if the fire resulted from an issue with the company’s equipment. Also, if the company acted carelessly or negligently, it may be at fault and a lawsuit may be appropriate.

You may also be able to file a lawsuit if the company committed a crime.

Why Must Negligence Be Proven?

In states like California where wildfire claims are frequent, a high standard of evidence is required before you can receive any compensation from a utility company. Thus, negligence needs to be proven in a fire-related lawsuit.

How Can Negligence Be Proven?

To show that a particular party was negligent and that there is a basis for a lawsuit, sufficient evidence needs to be obtained. Expert investigators are typically necessary, and state or local laws may influence how the lawsuit will proceed.

Expert witnesses and evidence gathered by the police can help significantly with building a successful case. Hiring an experienced attorney may also be necessary if you are suing a company. Lawsuits can be difficult to win in these cases because they may result in large payouts that the companies will not want to pay.

How to File a Wildfire Damage Claim

A wildfire can cause a distressing and overwhelming chain of events. The process of filing an after-fire damage claim may be confusing. Below are listed some steps you may take.

Filing a Property Damage Claim

A homeowner’s insurance policy may cover both dwelling and personal property, but this depends upon where you live. In the case of a wildfire, you may be able to file a property damage claim with your homeowner’s insurance carrier.

When doing so, you will need to have a home inspection performed by a qualified inspector. A second opinion may also be recommended if you want to ensure that the assessment is accurate.

Filing an Intangible Loss or Non-Economic Claim

Any non-economic or intangible losses you and your loved ones have experienced may give you grounds for a wildfire lawsuit. An attorney may be able to help you pursue financial compensation to mitigate the stress and expenses that are associated with the wildfire.

In states like California that have a wildfire season every year, be aware that companies are well-prepared to protect themselves in the event of any wildfire-related lawsuits.

Your Next Step – How to File a Wildfire Lawsuit for Damages?

If you are suffering because of losses incurred in a wildfire and are worried about whether you can receive financial compensation, feel free to consult with our team at Power Trial Lawyers.

Let us help you obtain financial compensation so that you can focus on getting your life back in order. Call us today at (888) 808-2179.

If you are hit by a vehicle of the U-Haul fleet and there is no insurance coverage in place, you can still pursue financial compensation. Unfortunately, liability can be harder to prove in U-Haul collisions than in regular vehicular collisions because U-Hauls are large vehicles that have been rented out to individual drivers.

Liability will depend on the particularities of the accident, as well as in which state the accident occurred. If liability can be proven against the defendant, then you may win the lawsuit.

What Determines Liability in a U-Haul Accident?

Liability is assessed based on several factors, centered around the concept of negligence. If these elements are present in the U-Haul accident, then a party may be held responsible. Collisions involving trucks are generally more complicated than car-to-car collisions.

• Duty of care: All drivers have a duty to drive safely and cautiously. U-Haul also has a duty to ensure that their fleet is in a roadworthy condition before being rented and that the company is not renting the vehicle to an inappropriate person.
• Breach of duty: Since the duty of care has already been established, the failure to meet that duty constitutes negligence. This is necessary to determine liability.
• Causation: If negligence can be proven to have caused the accident in some way, the negligent party may be held liable. This could be either the driver of the U-Haul vehicle or the U-Haul company itself.
• Quantifiable damages: If there are measurable damages as a result of the negligence, then liability may be established. Commercial truck collisions can often result in expensive bills, as well as non-economic damages (e.g. emotional distress, pain and suffering, and loss of enjoyment of life).

The more high-quality evidence you can find to support your claim, the more likely it is that your lawsuit will be successful against the defendant.

When is the U-Haul Company Held Liable?

Typically, U-Haul will not be held responsible for any accidents that are caused by the drivers who rented the fleet vehicle, but exceptions do exist. In these exceptions, you may be able to successfully file a lawsuit against U-Haul itself.

If U-Haul is found negligent, proceedings to prove liability may be commenced, and a successful lawsuit against the company may be made.

Negligence

If U-Haul is guilty of negligence in their act of renting out the vehicle, they may be held liable. The following may be seen as negligence:

Renting the U-Haul Vehicle to the Wrong Person

If the driver was unlicensed, deemed incompetent or unfit to drive, or intoxicated at the time of rental, U-Haul may be held responsible for the accident even though the driver is not a U-Haul employee.

Failure to Perform Proper Vehicular Maintenance

It is U-Haul’s duty to inspect, maintain, and repair their vehicles on a regular basis. If the fleet is not in safe operating condition, U-Haul may be held liable for any accident that occurs as a result of improper maintenance. Examples include renting out vehicles that have faulty tires, problems with the steering or kingpin systems, or malfunctioning brakes.

If a part of the vehicle is investigated and found to be defective from the start, the manufacturer and distributor of the vehicular component may be found liable instead.

Failure to Provide Necessary Safety Information

Trucks and trailers have safety instructions that differ from passenger car safety rules. If U-Haul neglects to provide the renting driver with the necessary safety information or manuals, then U-Haul may be found negligent.

U-Hauls are vehicles often rented by drivers for the purpose of moving heavy loads, but the renters are not necessarily professional truck drivers. There are specific safety guidelines for driving a heavily-loaded truck, and U-Haul must ensure that the driver is aware of them. Otherwise, the large U-Haul vehicles can be a serious danger on the roads.

When is the Driver of a U-Haul Held Liable for an Accident?

If U-Haul cannot be proven to be negligent, then it is time to look at whether the driver may be held liable for any deaths, injuries, or damages following the accident.

Your status as a passenger of either the U-Haul vehicle or the vehicle that the U-Haul vehicle collided with usually does not affect whether or not you are eligible for financial compensation.

The driver may be held liable for the accident if liability can be established.

Where Do We See Liability or Insurance Status Being Challenged?

Vehicular collision laws and insurance laws may vary greatly from state to state. In some states, including California, auto insurers may offer uninsured/underinsured insurance; in others, bodily injury or property damage liability coverage may be mandated.

Dealing with liability can be a difficult matter, both legally and mentally, especially if you are the victim of a U-Haul accident.

Even if your driver does not personally have rental insurance, it is typically a good idea to double-check whether the insurance carrier of any party involved in the accident might cover any injuries or damages.

Quality of Evidence

It is generally recommended that you find an attorney as soon as possible who can help you request the necessary evidence for your case. Key information related to the accident, such as evidence from tech devices, driving logs, and government agencies, may all be wiped in routine information disposals if there is a long delay.

Evidence may come in the form of photos, weather conditions at the time of the collision, witness testimony, and more. Experienced attorneys can help you gather the highest quality evidence and ask the right questions in order to establish who is liable for the wreck.

Time Limitations of Filing a Lawsuit

Whether or not liability can be proven, it is important to file a lawsuit as soon as possible. In many states, the statute of limitations will give parties in an accident a certain time-frame within which to sue. Once that window closes, a lawsuit against the alleged negligent party may not be possible.

Multiple Parties are Liable in the Accident

In some cases, it may be possible for you to make multiple claims to maximize the financial compensation received. A thorough investigation of the potentially liable parties may result in the discovery of more than one.

Your Action Step: How to Best Pursue Your Compensation?

Being in an accident with a U-Haul truck can be incredibly traumatic and financially costly. Let us help you so that you can focus on your mental well-being, physical recovery, and getting back to life before the accident.

If you were involved in a U-Haul accident and are worried about inadequate insurance coverage for your injuries or damages, call the powerful lawyers for a consultation so you can start seeking the compensation you deserve, today. We are always ready to take your call, (888) 808-2179 and see what it’s like to have our team at Power Trial Lawyers on your side.

Navigating personal injury cases is already tricky for people without a lawyer, and it only becomes more complicated when one of the parties is a minor. Knowing what to do after a settlement is agreed to is crucial for parents and children.

In this article, we cover the distribution of funds awarded in cases with minors, who will receive those settlement funds, and how those funds can be controlled. For parents, a major area of concern is how the funds will be managed since the child is a minor and may not be best suited to handle the settlement funds from a legal proceeding.

Knowing how the funds will be distributed is impossible to know with certainty ahead of time, since each case is different. Families should be aware of the details of the process, and consult with an attorney to answer your child personal injury questions.

Minor’s Compromise and Hearing

Once parties agree upon a settlement, the process has just begun. The first thing to do is to file a petition known as a Minor’s Compromise. This document will detail the situation to the court and the amount of money the parents, on behalf of the minor, have been offered.

The child’s guardians must file the petition, which will include:

• All medical reports;
• A description of the events, the claim made about them, and the injuries that resulted;
• A description of the amount of money they’re seeking and the terms for receiving it;
• A description of how the claimant will manage the money; and
• A list of expenses and costs for which the claimant is seeking reimbursement.

After filing this petition, there will be a court hearing to review the petition and the related case. When the hearing has concluded, the court will approve or deny the terms of the proposed settlement.

People are often pressured into taking a smaller amount than they really should considering what their child’s injuries may be worth. For this reason, it’s wise to contact a Los Angeles personal injury trial attorney about your case, such as Power Trial Lawyers, P.C. The court does work to ensure that settlements are fair, but when both sides come to a figure and appear to be in agreement, the court can easily overlook key factors that a lawyer would have quickly flagged.

The court is neutral. An attorney is on one side or another. Take some power with you to the courtroom so you walk away with what you deserve.

Reimbursements, attorney fees, and other expenses will be paid out of the settlement. After that, the court will direct how the remaining funds will be distributed to the family.

The Minor’s Portion and Blocked Accounts

The minor will receive most or all of the settlement. The court will likely order that the money be held in a blocked account.

A blocked account is a type of account where the funds will be held for the minor until they reach the age of majority. No one else can access this account. Through the restriction of access to only the child, the court attempts to prevent any misuse of the funds from third parties.

While this option works well for many, full access to the minor at the age of majority may not always be the best option. Parents who worry about their 18-year-old misusing the funds may petition the court to set aside some of the money for education, medical needs, or other expenses.

Blocked Account Alternatives

Occasionally the courts will opt for an alternative to a blocked bank account. Some of those other available options are:

• Single-Premium Deferred Annuities. The court may set up this type of annuity and order the guilty party to make a lump-sum payment to it. The annuity pays the beneficiary for the rest of their life. This option features compound interest and tax deferment until the withdrawal of the money.
• Special Needs Trusts are often established for children who have sustained a disability, specifically in cases where the disability will result in the child’s becoming ineligible for government benefits like Social Security, which is often the case when the child has a blocked account.

In cases where the settlement amount is under $5,000, it will likely be deposited directly into the parent’s bank account. They receive instructions to hold it for the child until they turn eighteen. The final distribution of the funds is entirely at the court’s discretion.

Parental Share

For obvious reasons, parents are not given part of the settlement for the pain and suffering of their child. All damages, which include pain, suffering, disfigurement, and disability, go directly to the child. In many cases, they are also eligible for additional amounts for lost future wages.

While the parents do not receive part of the settlement, they very well may receive reimbursement for any expenses they have paid for from the settlement.

Parents also can, and should, sue for future medical expenses which will be incurred by their child. In cases of permanent disability, parents may also make a claim for lost income due to the cost of the extra care their child will need.

Unapproved Settlements

While its rare, unapproved settlements are also a possibility. These occur when parties are not able to obtain court approval before the child reaches the age of majority. In these cases, the child can bring their own case against the accused once they turn eighteen. The purpose of this is to protect minors who may turn eighteen while their case is still unresolved. Guardians also may disaffirm the suit as is and start fresh.

What’s Next for You as the Parent?

Keep in mind that every person or company which harmed your child will do their very best to minimize their liability. As soon as an injury has taken place, the most important action to take is finding a trial experienced personal injury attorney.

Power Trial Lawyers, P.C. is here to fight for you and not just accept the best settlement you think the accident is worth, but to powerfully go after the compensation you and your child deserve. Our dedicated legal team of personal injury trial attorneys provide representation to people like you to ensure that the scales of justice balance in a truly fair manner.

Don’t make this another item on your to-do list. Just reach out to us today to speak with one of our attorneys and we’ll discuss your options during a free consultation. Call now, (888) 808-2179.

Personal injury or death can create legal complications for all parties involved. After an accident occurs, the injured party has only a certain amount of time to file charges against the other party. Understanding this limitation is key to knowing your options after an accident.

What is a Statute of Limitations?

A statute of limitations is a limit on the length of time that can pass before a lawsuit is filed. The statute of limitations depends upon the severity of the crime. The worst crimes, like murder, have no statutes of limitations.

Car Accident Statute of Limitations in California

Statutes of limitations vary from state to state. In the state of California, drivers have two years to file a lawsuit after an accident. It’s important to seek legal counsel as soon as possible after an accident if you intend to file charges. The countdown of two years begins immediately after the accident. If a lawsuit is not filed within that time, you may lose out on your opportunity to recover damages.

What Can Affect the Statute?

If you are past the statute of limitations, the courts may not accept a claim, but there are exceptions to the rule. Courts will consider extending the deadline in certain situations. Some of them include:

• The focus – If the sole focus of the claim is property damage, the limitation extends to three years.
• Involvement of Minors – If a minor is injured in an accident, the limit does not begin until they reach the age of majority (18). At that point, they have two years to file a claim.
• Government Claims – If your claim is being filed against the government, an action must be filed within six months. Additionally, drivers must complete this step before moving on to any other action. If the government denies your claim, only then can a lawsuit be filed. The deadline for filing is one year from your denial.
• Wrongful Death – In cases where a death results from the accident, the two-year statute doesn’t begin until the death occurs. In many cases, someone involved in an accident may live for quite a while after the accident. This is specifically for instances where death does not occur until sometime later.
• Bankruptcy – In cases where the accused files for bankruptcy, the court will place an immediate hold on the case. It will stay in place until the bankruptcy case plays out, at which time the court will revisit the case.
• Mental Capacity – If the accident results in you no longer having the capacity to sue, the statute of limitations will be extended until such time as your mental capacity returns.

If none of these apply to your situation, the two-year statute of limitations will likely stand.

Why is There a Two-Year Limit?

Courts limit the amount of time that a client can bring a case for several reasons. The most important issue that statutes of limitations address are the relevance of evidence.

Evidence is most reliable immediately after the fact. With time, key eyewitnesses become less dependable. Time clouds the memory of events, and it becomes difficult for courts to determine exactly what happened. It’s important that prosecutors present their cases as soon afterward as possible.

What if You File Past the Deadline?

If the deadline has passed, you can still file your case but it will most likely be dismissed by the court. Courts don’t like extending the statute of limitations – and it’s against the law. That’s why it’s vital to discuss your options with a legal professional as soon as possible.

Contacting a lawyer should be your first step instead of filing a lawsuit because they will better understand the timing of things. Sometimes it’s better to present the case to insurance and hold off on filing the lawsuit. Time may allow for the full picture of your case to take shape. Medical bills, for example, may not come to an end for some time.

Action Step: Now What Do You Do?

If you have been injured in an automobile accident, your first step should be to bring on a legal expert. Not only will they be able to determine if you have a case, they will also know which actions to take first.

The team at Power Trial Lawyers is here to help you get the compensation you deserve. We are here to make sure that you take the right steps and don’t make a decision that you might later regret.

Navigating the complexities of an auto accident is hard enough. Having to do so when you are also dealing with a personal injury can feel overwhelming. It’s essential that you equip yourself with a knowledgeable team that can fight for you.

Contact us today to discuss your case! Visit us online or call us (888) 808-2179 to make sure you receive the settlement you rightfully deserve.

Depending on the injury, the long-term effects of your injuries may need to be factored into the equation. The first step is knowledge of the different types of damages involved in a personal injury case in California. Contingent on the specifics, you may be due general, special, and/or punitive damages.

We will review each of these types of damages and the factors which go into determining the potential value and strength of a personal injury case below in this blog.

Different Types of Damages

There are a few various types of damages that can be sought by those who are injured, sometimes referred to as “plaintiffs” or “claimants”.  Each type of damage presents it’s own unique challenges and potential monetary value. When determining the strength of a personal injury case, it’s a good idea to understand all possible courses of action to remedy the events that have occurred.

There are three types of damage categories: General, Special, and Punitive damages.

General

General damages compensate for non-financial aspects which range from emotional distress, to physical pain, and include other non-economic concerns. While all these can affect finances or the ability to seek out future work, they are more general.  Examples of common claims include:

• Lower Quality of Life – Some injuries may leave a person unable to enjoy life as well as they did before the accident occurred. Commonly, those who have undergone amputation or experienced a traumatic brain injury (TBI) are awarded these damages to make up for the decrease in quality of life.
• Pain and Suffering – Long and short-term physical pain from an injury can be debilitating. Sometimes the pain can prevent the ability to seek out work or fulfill financial duties. The suffering may also lead to failing personal relationships or make other aspects of personal life more difficult.
• Loss of Companionship – This is typically awarded to the loved ones of those who have passed as a result of a horrible accident. The purpose is to compensate for the emotional loss endured by the companion.

General damages are often considered more confusing than Special damages. They typically involve personal considerations and emotional understanding. Many times, courts have to ask tough questions with unclear answers.

Questions, like:

How do you compensate someone for the fact that they can no longer walk?

How about someone who broke their back and now lives with constant pain?

Major injuries can result in sweeping lifestyle changes that are hard to quantify in a monetary figure.  If you or a loved one finds themselves in a situation like this, the personal injury attorneys at Power Trial Lawyers have helped many others just like you seek compensation for their injuries.

Special Compensatory Damages

Special compensatory damages are much easier to understand. These consist of bills incurred as a result of the injury or accident. Since special compensatory damages often involve calculatable numbers, the case for this type of damage is much simpler.

Some examples of compensatory damages include:

• Medical Expenses – This can include both past and future medical expenses. Medical expenses can stack up and loom over the heads of personal injury victims quickly. The law grants the right to claim damages for the “reasonable cost” of “reasonably necessary” medical care.
• Loss of Earnings – Personal injuries can often land victims in the hospital and out of work. If you are missing out on work because of an injury, you have the right to claim damages for that loss of income. Claimable items include wages, commissions, bonuses, and other financial benefits. Anything that is normally afforded to you through the work you are missing may be potentially recoverable. Similar to medical expenses, this can include past and future earnings that are being missed out on.
• Inability to Work – Intended mostly for those who may have had a promising career in an industry that they can no longer work in. For instance, a traumatic brain injury (TBI) may make a career in accounting or rocket science difficult and thus a person is entitled to compensation. They may find themselves having to start over in a new career or settle for a lower-paying job. If a personal injury has caused you to have to step out of your field of expertise, there may be a claim to make.
• Out-of-pocket expenses – Anything paid for out-of-pocket as a direct result of the injury or accident could be eligible and recoverable.
• Loss of irreplaceable items – Some items are not replaceable and may hold sentimental or emotional value, such as family heirlooms or personal items.  In these cases, claimants are often entitled to extra compensation beyond the fair market value of the item(s).
• Damage of property – The cost to repair or replace damaged pieces of property from an accident.

Injuries are painful enough, there’s no reason to also take on the financial hardship that may come along with those injuries. Special compensatory damages often have a great deal of evidence which creates a strong case and a strong likelihood of success. As a result, if you are ever involved in a personal injury case, make sure you save all bills and any documentation associated with the expenses so you have those to share with your personal injury attorney.

Punitive

Punitive damages are a penalty assessed to the party responsible for the accident. As a result, these damages don’t have to correlate with the costs of your injury. Courts often grant these amounts when they don’t believe the other damages granted in the case are enough to punish the guilty party or deter others from being negligent.

The likelihood of this happening increases in instances of maliciousness, negligence, and malfeasance.

Instances, where plaintiffs are the victim of criminal acts and high-profile cases are also prone to receive these damages as part of the settlement or judgment. This is a tool that the courts can use to tilt the scales when a normal judgment doesn’t seem to balance them.

Calculation of Compensation

Two main things are weighed in determining the amount of compensation you are due. These two factors are:

Severity of Injuries

The more severe your injuries, the more money you are likely due and will be compensated.  In extreme circumstances, injuries may carry lengthy or lifelong consequences and it only makes sense that compensation should reflect that fact.

Strength of Evidence

Direct evidence of malfeasance or negligence will go a long way in securing your case. The more evidence that points towards guilt of the other party, the more likely you are to receive an offer for a large settlement. In instances where you don’t take a settlement, there is also a better chance for punitive damages.

How to Claim Compensation & Get Paid

Regardless of which form of damages you are seeking, the first step for any victim or their family is finding legal representation. Finding a personal injury attorney is a critical first step toward preparing a winning case. With so many options and conflicting information online, it can be hard to choose which attorney and law firm is the right for you.

When it comes to personal injury cases, the trial attorneys and muti-lingual support staff at Power Trial Lawyers is standing by ready and willing to help you sort through all the concerns you’re facing in this moment.  At Power Trial Lawyers, the seasoned legal team of professionals will work tirelessly to make sure you receive the compensation you are due. Contact us today to schedule your free consultation by calling (888) 808-2179.

It’s a common misconception that many people make in assuming if you are inured at an event, you may not have any legal recourse. This assumption is due in part to something known as “Assumed Risk.” Although assumed risk can be taken into account, it doesn’t cover everything. There are many instances where the stadium or an event producer may actually be legally responsible for your injury, particularly if the injury was caused due to negligence or a lack of safety protocols.

In this article, we’ll go into the nuances of assumed risk and other times legal action may be appropriate if you were injured at a concert, sporting event, or stadium.

Assumed Risk

Assumed risk is a given liability for event producers when spectators are attending events. Think of spectators that are attending a hockey game. If you are one of those spectators sitting in the stands, watching the game as the puck is chased around the ice, there is an assumed risk that the puck could potentially fly off the ice, into the stands and hit someone, leaving them with a serious injury,

When an injury falls under the assumed risk category, as with the hockey scenario, there is more of a challenge to prove liability and receive compensation for the injured.

That said, assumed risk doesn’t cover all scenarios and the broadness of assumed risk is often overstated. There is still the possibility for legal action in select circumstances. Notable exemptions for assumed risk include:

• Lack of Security – Particularly if you can provide proof that a lack in security was one of the circumstances which may have been a contributing factor in the assault or injury. Event promoters have a requirement to provide adequate security and protection for all attendees. While some risk is unavoidable, security is assumed to be present at large events and provide assistance when needed.
• Injuries from Falling or Thrown objects – Items thrown in a crowd during a concert or sporting event are not an assumed risk. These objects can be quite dangerous and cause serious harm to anyone attending the large event. There is no reason for you to be financially responsible if harm is caused by objects tossed within the crowd at an event.
• Food Poisoning – Sports stadiums and large event venues with concessions face numerous violations each year in food preparation. Food poisoning is typically caused by negligent behavior and is almost always avoidable. If event vendors are not following safe food handling guidelines it is the responsibility of the venue to ensure the concessions are not in violation of any food safety regulations.
• Sexual and Physical Assault on the premises – If a sexual or physical assault takes place at an event, there are many questions surrounding what measures should have been in place to help deter this from happening. The most common and crucial questions might be whether there was sufficient security in place and if there was adequate lighting. If the venue acted to the best of its ability in preventing an assault, it may not be liable.
• Escalator and Elevated Walkways – Proper maintenance on escalators and elevated walkways should never be ignored. If you are injured from a malfunctioning escalator or walkway that has not been maintained you have the right to seek compensation.
• Maintenance Failure – Loose railing, cracks in the sidewalk, and other dangerous maintenance flaws can all be contributing factors in potential accidents and injuries. Without proper maintenance and upkeep, this could make the stadium or concert venue you are at responsible for the injures resulting from the lack of upkeep.

Unsafe Venue Conditions

If you fall and injure yourself at concert, festival or sporting event, there are several considerations to take into account. Simply slipping and hurting yourself is not enough for an actionable injury.

Venues must maintain safe premises to proactively help avoid potential hazards. This means, if you slipped because of something they overlooked or ignored, the venue could be held liable for your injuries.

Several factors go into this, however, the major considerations include:

• Lighting – Poor lighting can make walking or climbing steps particularly challenging. If you suffered a fall due to an issue with visibility, the venue may not have upheld its duty to provide a safe area.
• Missing Safety Equipment – Did you fall down a staircase that didn’t have a handrail? Maybe a oddly placed curb that wasn’t painted yellow to warn you it was there? If there are appropriate safety measures that have been overlooked, you may be legally entitled to financial compensation.
• Wet Conditions – If you slipped as a result of flooded floors or leaky pipes, the responsibility may fall on the venue and you may be financially compensated for your resulting injuries.
• Broken Walkways and Stairs – If your injury was a result of broken stairs, stadium seats, or an uneven walkway, the stadium has to take responsibility for this type of neglect. Injuries that are a result of unattended hazardous conditions are the responsibility of the venue operator.

Negligent Acts of the Venue

If your accident or injury was the result of negligence or an oversight of regard on behalf of the event or venue, they may be liable for medical expenses and other damages to you. Negligence is a broad category and can be claimed for anywhere the provider has failed to exercise due diligence in ensuring your safety.

Not providing adequate security, safety exits, or other needs would be some examples of negligence. There have been cases where the training levels of the security provided were inadequate, which were deemed as negligent.

The application is anytime the prevention of your injury was foreseeable through adequate safety measures, and when those were not taken.

Next Steps for Injured Victims

If you have suffered an injury at a stadium, sporting event, or concert, the first step should always be to contact a personal injury attorney. A personal injury lawyer is the best option when evaluating your injuries and thinking about filing a lawsuit. There are many contributing factors involved to determine who is at fault for your injury.

The team at Power Trial Lawyers is here to help. Our dedicated team of legal professionals will gladly speak with you about your case, and share with you about the complicated nuances of the legal system. Contact our law office today to see if you are eligible to file a personal injury case and seek compensation for your accident. We’re ready to help. Call us today (888) 808-2179.

There are an estimated 300,000 to 500,000 personal injury cases every year. Some of these involve claimants who received Medicaid benefits, which makes things a little complicated.

In this article, we’ll discuss the subtleties of dealing with recovery payments and Medicaid liens.

Do I Have to Tell Medicaid?

Yes. Written notice of your personal injury claim is required by law if you received Medicaid benefits in your recovery. This is a condition of your participation on Medicaid. Failure to report your settlement could result in legal action against you.

Once you have obtained your settlement or award, you will need to notify Medicaid and begin discussions of how to satisfy any lien placed on you.

The Four Components of Medicaid Payback

There are four basic components to Medicaid’s repayment structure:

• Liens against the settlement;
• Special Needs Trust payback;
• Estate recovery; and
• ABLE account payback.

Let’s dive into each of these a bit further.

Liens

Medicaid will sometimes have a lien against compensation or awards paid out as the result of a personal injury settlement. There are, however, some considerations to keep in mind should you end up in this situation.

The first is a lien can only apply to injuries sustained from the case. This means that Medicaid cannot collect from personal injury settlements for unrelated injuries Additionally, a ruling by the Supreme Court held that liens could only apply to the portions of personal injury settlements that cover medical expenses. 

Special Needs Trust

Special Needs Trusts are applicable only in instances where the plaintiff was previously disabled. These accounts work to preserve benefits like SSI, Medicaid, SNAP, and other public resources.

Through these programs, people with disabilities maintain a fund for their disability care. This allows them to receive the care they need. Should they die, Medicaid can collect on all benefits received since the plaintiff’s birth.

This is a lifetime value and extends beyond the injuries in the settlement. In some instances, they can put a lien on property and other assets. A Special Needs Trust can make payments to help avoid this.

Estate Recovery

Estate recovery is only a risk in case of death. This only applies if there is not a surviving child under the age of 21, or who is blind or otherwise disabled permanently. The above specifics apply here as well.

ABLE Account Payback

These accounts are available only for individuals who receive disability before the age of 26. ABLE accounts are tax-free accounts to which funds can be saved for qualified expenses. On the death of a plaintiff, any funds left in the account must pay back Medicaid for services received after the establishment of the account.

How Much Can Medicaid Take?

The good news is that, in most cases, Medicaid is not able to take all of your recovery money. At the Federal level, they are only able to focus on money that was set aside for medical expenses. In addition, some states have percentage restrictions on what they are allowed to take.

The amount they take depends on the amount that was spent on your injuries. Medicaid will attempt to recover as much of the money as it possibly can. Lawyers are also usually able to negotiate a reduction in the amount paid back to Medicaid based on the amount due in legal fees. For example, if a third was spent on your representation, that third will not be taken from your payment.

Now What?

In any instance of personal injury, the first step is contacting legal representation. Hiring a dedicated legal professional like the lawyers at Power Trial Lawyers, P.C. is the best way to help ensure that you receive fair treatment.

Power Trial Lawyers is here to level the playing field and make sure that someone is advocating for you in your corner. Contact our office today and let us walk you through your options and what compensation might be available to you.  Call us anytime, day or night, at (888) 808-2179 and we’ll put your mind at ease knowing you’re not stuck sorting through these issues alone.

Accidents can be incredibly frustrating and confusing. Even in a minor collision, it’s easy to find yourself dazed and unable to process what’s happening around you. When this happens, it’s common to miss crucial details that are important to focus on in and right after a car accident.

This confusion is magnified in the event of a traffic accident with a Lyft or Uber driver. Though similar to other accidents, there are some important elements to this specific type of collision that we’ll focus on so you’re prepared if you ever find yourself involved in this situation.

Who Pays in a Lyft or Uber Accident?

Whenever there is an accident involving people driving for Lyft or Uber, there are a few added elements you should be aware of. These include:

Liability

The party who is determined to be liable will be responsible for the monetary damages. These damages will usually be handled by the liable party’s insurance.

Keep in mind that it’s possible to dispute the determination of liability. Rideshare apps have extensive legal teams, which offers an advantage in doing so. Regardless of who the police deem liable, it is always wise to seek representation for your own protection and never admit to any liability on your own.

Uber/Lyft Insurance

Most personal insurance policies don’t cover ridesharing. Insurance on personal automobiles is often not in effect when they are being used for business. To deal with this, Uber and Lyft both offer insurance for all their drivers. However, coverage only applies after the driver’s insurance company denies their claim.

The tiered coverage offered, operates according to the status of the rideshare driver in question. Specifically, they are as follows:

• Rideshare App is Off – If the App is off and the driver is not using it at all, there is no need for coverage. Their personal insurance should cover the incident as they are not actually using their car for work.
• Rideshare App is On (No Ride Accepted) – Drivers spend much of their time traveling between jobs. Though they may not be completing a task, they are still technically working with their car if they have the app on. Uber and Lyft both offer $50k in bodily injury protection per person, $100k in bodily injury per accident, and $25k in property damage per accident.
• Rideshare App is On (En Route or in Progress) – When actively working on behalf of the app, rideshare companies increase the coverage. The increase includes $100k in third-party liability, uninsured and underinsured bodily injury, and comprehensive/collision (with a $2,500 deductible).

What Do You Need to Do?

Always Call the Police

File a police report regardless of whether or not you sustained an injury. Case reports are necessary for instances requiring insurance claims and lawsuits. The police report offers a detailed account of the accident and may note who the liable party is.

Seek Medical Attention

If you have any injuries, you should immediately seek medical attention. Even if you don’t think that it is necessary, it’s not a bad idea to be checked out by a medical professional.  This can protect you in the case of injuries whose symptoms have a delayed onset. Whiplash is an example of one such injury. It can take 24 hours or more for symptoms to become apparent.

Failure to seek medical attention immediately can be dangerous if there are severe injuries, and if you delay, it can be difficult to prove their source.

Take Photos

Document the accident if you can. Take photos of every affected area of both cars and any other damaged property. Mobile phones offer virtually unlimited storage space for photos, so be sure to take pictures of anything you think may be relevant. This will often go a long way in helping to establish liability and to preserve the scene of the accident once the damage has been cleaned up.

Be sure to also take several photos of the road to display the conditions in case that comes into question, as well as any traffic signs or signals that are in the area of the accident. Document everything you can.

Gather Information From the Other Drivers

In addition to taking photos, you should be sure to obtain:

• Get the contact information of all drivers involved;
• The names and contact information of any rideshare companies involved;
• The driver of the rideshare app will have two forms of insurance. There is personal insurance which may or may not cover the accident, and rideshare insurance. Drivers should obtain both of these forms of insurance;
• License plate numbers, makes and models of all cars involved; and
• Eyewitness contact information, if possible. If someone was in the area and witnessed the accident, it is worth asking for their phone number in case you need their testimony later on.

These steps will go a long way toward ensuring that you are prepared for anything you may encounter during the legal process.

Report the Accident

After organizing all the necessary information, report the accident to both the rideshare app and the insurance companies.

Hire a Lawyer

Seeking professional representation is key to ensuring that the scales of justice are not tilted against you. Professional lawyers like the ones at Power Trial Lawyers, P.C will put your interests first.

Uber and Lyft will, of course, be pursuing their own interests. It can be a wise move to hire legal counsel right away. Getting a lawyer is key to ensuring protection from any potential strategies that Uber or Lyft may employ.

How to Handle the Other Parties

Learning how to respond to the tactics that Uber and Lyft may use is essential to getting the best settlement available. People often make mistakes simply because they do not know the ins and outs of settlement negotiation.

Below are some tips for navigating your way through the process from those who have been in an accident with a Lyft or Uber driver.

Don’t Settle for Low Ball Offers

Insurance companies want to settle for as little money as they possibly can. Adding to this issue is how lengthy the process can be. After waiting for so long, pressure can build to accept an inadequate payout – even if it’s only a fraction of what you deserve. Looming medical bills can pressure anyone to accept an offer that is less than they deserve.

Insurance companies know that most people don’t deal with legal matters often enough to develop the skill to effectively negotiate with them. This makes it possible for them to craft settlements that are not in a claimant’s favor.

Consult a Lawyer

A seasoned lawyer levels the playing field and enables the parties affected to get the settlements they deserve. A dedicated law professional will be able to tell you if you have a strong enough case to proceed.

Now What Should You Do?

The team at Power Trial Lawyers, P.C. offers experience in navigating your concerns. Their team has a passion for, and dedication to, representing you and your interests.

Even if you are unsure about whether you have a case, you can avoid risking a mistake by seeking the advice of a professional like the ones at Power Trial Lawyers, P.C.

Call today for a consultation by calling (888) 808-2179, we have staff standing by to help you.