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. 

An Attorney’s Personal Touch is Important

You're Injured, Now What?

An update to keep you informed on personal injury situations.

Most people think that when they hire a Personal Injury Attorney they actually get an attorney to work for them.  Usually that is partially true.  I say that it is partially true because some law firms very much limit what the attorney’s will do for personal injury clients.  After the initial introduction with a client some firms will use a “Claims Administrator” or other individual to handle the file to a conclusion.  In fact, many times it is that same individual who actually settles the claim.  The attorney’s involvement is usually limited to the first introduction with the client.  That may very well be the last time that the attorney either talks to or sees his client again.  Unfortunately, it’s very difficult to know how a law firm handles their cases before hiring them.  The Law Offices of Kennith L. Peterson the personal injury attorney’s keeps contact with their clients throughout the pendency of the claim.  While secretaries, paralegals, and law clerks are used to assist with the file, the attorney’s are always available to discuss your case.  The attorney’s handle the negotiations for settlement.  The personal injury attorney’s at the Law Offices of Kennith L. Peterson enjoy their work and are available to discuss pending claims with their clients.  If you live in Placentia, Yorba Linda, Brea, Anaheim, Fullerton, or surrounding area, contact one of the attorney’s at the Law Offices of Kennith L. Peterson for a confidential and free evaluation of your claim. 

An Experienced Attorney can assist in getting their client fully compensated

You're Injured, Now What?

An update to keep you informed on personal injury situations.

Whenever someone is seriously injured by someone else’s negligence, there is a question as to whether the negligent party has any money to pay for the damage.  If the negligent party does not have any property or any other assets of consequence, that is when the benefit of an experienced personal injury attorney such as The Law Offices of Kennith L. Peterson come in.

If you are dealing with an automobile accident, it will be important to determine whether or not the negligent party was acting within the course and scope of his employment.  If so, the employer can be responsible for the negligent acts of their employee.  Even if the employee has a minimal 15/30 policy, if they caused the injury while acting in the course and scope of their employment, the employer will be held just as responsible as the driver.  Before settling any claim where the actual damages exceed policy limits, it is critical to determine whether or not the driver was acting in the course and scope of his employment at the time of the accident.  The Law Offices of Kennith L. Peterson serves the communities of Placentia, Yorba Linda, Fullerton, Brea, Tustin, and Anaheim.  When evaluating personal injury claims the attorneys will carefully evaluate all potential sources of recovery for their client.  In order to insure a full and adequate recovery for your personal injury claim it is important to enlist the services of competent personal injury attorneys such as the ones that you will find with the Law Offices of Kennith L. Peterson.

Be Credible And Have Good Doctors

You're Injured, Now What?

An update to keep you informed on personal injury situations.

It is absolutely critical for individuals who are injured and looking for attorneys to look for credible and reputable counsel.  If you have been hurt it is important to always tell your treating doctors the truth.  It is also important to seek out the doctors who have the best expertise to treat the injury which you have.  Usually it is best to receive a referral to a specialist from your family doctor.  Find out what you can about the specialist that you are being referred to.  It is important that you receive medical care for your personal injury from very competent and credible doctors.  Usually Chiropractors are not the first doctor that an injured individual should go to after an accident.  If you have already sought out credible and competent legal representation they will assist you in finding the best medical treatment possible. Be cautious of any attorneys who do not want you to use your group medical insurance and instead wish to refer you to their Chiropractor who will provide treatment on a lien basis.  Usually the charges are excessive.  The treatment may or may not even address the injuries which you have sustained.  Usually the insurance companies view this type of care as being litigation driven and questionable.  Doctors who are not credible severely damage the dollar value of what would otherwise be a very legitimate claim.  If your attorney or any medical provider suggests being anything other than totally credible you need to see someone else.  If you are looking for professional, competent representation, from ethical attorneys, look to The Law Offices of Kennith L. Peterson for your legal representation.  The attorneys who are part of The Law Offices of Kennith L. Peterson abide by the highest ethical standards and view credibility not as an option, but as a requirement.  Look to the personal injury attorneys of The Law Offices of Kennith L. Peterson to assist with your personal injury claim.   The Law Offices of Kennith L. Peterson serves the communities of Placentia, Yorba Linda, Fullerton, Brea, Tustin, and Anaheim.