Importance of Continuous and Honest Communication between Client and Attorney:

You're Injured, Now What?

An update to keep you informed on personal injury situations.

Communication is key when filing a law suit. In order to be successful, both the attorney and their client must communicate regularly and with complete honesty. It is the responsibility of the attorney to keep their client up to date on all legal proceedings and the progress of their case; however, it is equally as important that the client update their attorney on their current condition and keep their attorney informed of any new or prior circumstances that could possibly expose the client to legal scrutiny or jeopardize the case. Information such as a history of prior injuries, warrants, or arrests can be lethal to a case if they blind side an attorney during trial. By hiding previous blemishes on their records, clients often appear devious and deceptive during trial and loose the favor of the jury.   While they can’t change the past, attorneys can deal with these issues if they are informed of them and can even work the case around them if they are given adequate notice. Often times attorneys are able to prohibit the other side from using these facts against their client and therefore eliminate prejudice against the client for past occurrences not relevant to the matter at hand. By simply communicating with their attorney honestly, clients can save themselves a lot of hassle and embarrassment in the end. 

Things to know if you are injured in a Mass Transit Accident: (Part 3 of 3)Statute of Limitations:

You're Injured, Now What?

An update to keep you informed on personal injury situations.

Don’t wait to file your claim! Most personal injury claims have a two year statute of limitations but claims against mass transit agencies expire within just six months. This means that someone who is injured on a county bus, for instance, would only have 6 months to file a claim for compensation of their injuries against the corresponding public transportation agency. These time constraints are regulated by the Tort Claims Act which provides procedural regulations and requirements when filing a claim against a governmental entity such as a mass transit agency. As regulated by the Torts Claim Act, you must file a claim with the mass transit agency before filing a formal complaint within the court system. It is very important that any person injured in a mass transit accident be aware of time constraints concerning their claim. Time is of the essence when it comes to seeking compensation from any government agency and the procedural requirements are very unforgiving, even to ignorance. It is the responsibility of the claimant to be informed of all procedural requirements regarding their claim so the “I didn’t know” excuse generally won’t cut it when arguing your right to file a claim after the deadline. However, there are some exceptions to this rule and even if you think your claim’s statute of limitations has expired, you should seek a consultation with an attorney just to be sure. Laws are constantly changing and new precedents are constantly being set by other cases so don’t be afraid to contact an attorney for advice concerning your rights when filing a claim. 

Things to know if you are injured in a Mass Transit Accident: (Part 2 of 3) Know your rights when it comes to requesting information!

You're Injured, Now What?

An update to keep you informed on personal injury situations.

 Public transportation is considered a governmental entity with public access and therefore is within the jurisdiction of the Freedom of Information Act (FOIA). This Act grants citizens the right to request information from any governmental agency without a warrant or subpoena. Most public transportation options such as county buses are usually equipped with video cameras that record not only the inside of the vehicle but the outside as well. These tapes may contain key evidence either supporting or denying a claim and as such are very important to obtain. For instance, if you are a bus passenger and there is a collision with another vehicle, video tapes can help discern who is at fault. Internal recordings can help to prove your injuries and external video cameras can provide a more accurate depiction of what really happened. People often have skewed recollections of traumatic events and video tapes offer an unbiased and unaltered depiction of what happened. Judges, juries, and claims examiners tend to believe what they can see with their own eyes over the words of others so these tapes can prove to be invaluable. As a citizen, you have the right to request these recordings without any legal aid and denying access to them would be a violation of the Freedom of Information Act. Unlike with other governmental requests, you should not have to wait a long time to have your request granted because all federal agencies are required to respond to FOIA requests within 20 business days. 

Things to know if you are injured in a Mass Transit Accident: Part 1 of 3

Check your own insurance policies!

You're Injured, Now What?

An update to keep you informed on personal injury situations.

Setting the Scene: You’ve decided to help the environment and leave your car at home today in order to take the bus to work. Your minding your own business, dutifully avoiding eye contact with other passengers, when all of the sudden, a pickup truck blows through a red light and plows directly into the side of the bus. All of the passengers are thrown from their seats and you are tossed into the aisle, breaking your arm and tweaking your neck. After everyone is rushed to the hospital and you are treated for your injuries, you find out that the teenager who rammed his brand new truck into the bus has the best airbags available but the least amount of insurance he can legally get away with. He walks away with just a few bruises while you and the other bus passengers are left with broken bones and many insurance battles ahead. After the incident is over you try to rationalize why you are left with endless medical bills when the entire accident was the other driver’s fault. Luckily you had the foresight to invest in underinsured motorist insurance and today is the day you get to take advantage of your preparedness.  

How it works: If your auto-insurance policy includes underinsured motorist insurance, then you may be able to get additional compensation for your claim. Even though you weren’t driving your car, your underinsured motorist policy can kick in to cover any remaining expenses you incurred from your mass transit accident. California requires all drivers to carry a minimum ratio of 15:30 for liability policies which means that the insurance of the vehicle at fault will pay out no more than $15,000 to any individual who sustained injury or up to $30,000 total for all injuries sustained in the accident. Well, you were on the bus with ten other people when the truck hit it and $30,000 will not be enough to compensate everybody. This is when your underinsured motorist insurance would kick in and cover the remaining expenses. Even though you were not at fault in the accident, make sure to check your personal insurance policies for further compensation when making a claim.

Homeowners insurance versus renters insurance:

You're Injured, Now What?

An update to keep you informed on personal injury situations.

When asked what the difference is between homeowners and renters insurance, most people would simply cite the eligibility requirement that to hold a homeowners policy you must be a homeowner and to hold renters insurance you must be a renter. While this is true, and quite self-explanatory, it is not the only significant difference between the two policies. The focus and coverage of both policies are innately different. Renters insurance focuses on the possessions of the renter and covers the theft and destruction of items belonging to the policy holder. This means that the policy covers what’s inside a rented space but not the building itself. A homeowner’s policy is similar to car insurance as it covers not only the possessions of the policy holder but also damages to the structure itself. In addition, homeowner’s insurance also provides liability coverage for all household members whether an incident occurs on or off the homeowner’s property. This kind of policy provides umbrella coverage to protect you from accidents and negligence caused by either yourself or any household members. Household members may also include your pets.  For example, if you are running with your dogs at the park and one of them bites a fellow pedestrian causing serious damage, your homeowner’s policy would cover the incident. Even though the incident did not occur at your home, you would still be covered because your dog is seen as a household member and the accident is thought of as an unforeseen event. Basically, homeowners insurance covers any kind of accident caused by a household member while also protecting the policy holder from outside issues such as theft, fire, natural disasters, and any damages to the home. 

Is it wrong to sue your neighbor?

You're Injured, Now What?

An update to keep you informed on personal injury situations.

If you are injured in a slip and fall at the grocery store, your immediate response is to file a report on your injuries and seek either compensation or action to prevent further incidents. If the store does not comply with your requests, the obvious next step is to acquire legal representation and sue for compensation. This is pretty common practice and nobody bats an eye at the idea of suing a major corporation or grocery chain. Yet, if you were to stumble over a cracked step while at your neighbor’s house and break your arm, your first response would be embarrassment and then eventually your “neighborly spirit” would guide you in the direction of absorbing the entire fault for the accident. Isn’t it odd how water on the floor of a grocery store is so different than decaying cement at a neighbor’s? Both are property management issues and can cause devastating injuries. Both could have been prevented with proper care. So why is it that we feel so guilty and overall awkward when we ask our neighbors to take responsibility for their negligence? Well, simply put, it’s because it’s easy to put yourself in your neighbor’s shoes and implement the “Golden Rule”, treat others how you wish to be treated. This is a rule that has quelled many a schoolyard squabble; however, in the adult world we have to realize that this rule works both ways. Shouldn’t your neighbor have been trying equally as hard to compensate you for your injuries as you were to take the blame for their lack of property maintenance? In today’s society we have determined that the neighborly thing to do is to turn the other cheek. Well once you’ve scraped your cheek on your neighbor’s pavement a time or two, it might be time to change your position on what’s neighborly. Personally, I think a good neighbor would prevent injuries on their property with proper maintenance and repair. Granted some accidents are unforeseeable, but even those are covered in most homeowner insurance policies. Suing your neighbor isn’t even really suing your neighbor! Most of the time your injuries are covered by their insurance and they won’t have to pay a dime out of pocket. By taking legal action, you are not only getting the compensation you deserve, but are also preventing any other unsuspecting visitor from falling victim to a perilous step. So stop worrying about saving face at the neighborhood block party and hold your neighbors accountable for their mistakes.     

Why do I need Medical Payments Coverage if I already have liability and health insurance?

You're Injured, Now What?

An update to keep you informed on personal injury situations.

Medical Payments coverage is not for everybody. If you feel comfortable with the amount of coverage that your personal health insurance provides then you may not feel the need to invest in medical payments coverage. But if you’re like me and enjoy the security of knowing that you have a secondary insurance policy to take care of your pesky left over medical bills, then Medical Payments Coverage (Med Pay) is the way to go. Med Pay is especially beneficial to those of us who have minimal health coverage, whether it be employer provided or a personal policy. Med Pay can even help pay for accident related expenses such as funeral expenses, injuries sustained by passengers, or even dental care as a result of a car accident. Personally, my favorite part of Med Pay is that it can cover injuries you sustain as a pedestrian or bicyclist after a car hits you. Obviously I don’t relish the idea of being hit by a car, but at least I’d be covered if I was! Just today I driving past a group of bicyclists and thinking about how dangerously (and annoyingly) close to by lane they were; I bet they had Med Pay. So, in conclusion, Med Pay is a great way to protect yourself and your family from the unforeseen happenings of life. Whether it’s minimal health insurance or absurd hospital bills, Med Pay’s got you covered. Remember sometimes life gives you lemons, and you have to make lemonade. Sometimes you get hit by a car, and you’ll really wish you had Med Pay.