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Personal Injury F.A.Qs
After an accident, the most important priority is getting medical attention. If possible, you should take photos and videos of the accident scene, and get the contact information of any present witnesses.
Do not admit fault or apologize to anyone, even if it seems polite to do so because those statements could be used to pursue a lawsuit against you. If you believe someone else is at fault, set up a consultation with an attorney.
It is always a good idea to have an attorney fight for you, even if your injuries are minor. A good personal injury attorney has experience dealing with insurance companies, and will protect you from their efforts to take advantage of you.
Although we can provide a rough estimate of your case's worth based on similar cases, it is impossible to determine without a thorough investigation. Moreover, such estimates are not guaranteed as attorney's are prohibited from predicting the outcome of any case.
Lastly, the amount you can actually collect also depends on outside factors such as the insurance coverage of other parties who are at fault, their assets, as well as your own insurance.
If an insurance company offers you monetary compensation to settle a case with you, make sure you do not sign a release of liability and accept the offer without first talking to an attorney.
The fact that they are offering you something means that you have a meritorious case, and it is likely more than what they are offering. After all, insurance companies are in the business of making money, and will always try to pay less than what a claim is worth.
Yes, you can still be compensated for damages caused by another party's even if you have a pre-existing condition. The award, however, will likely be reduced to account for the pre-existing condition, but an at-fault-party is still liable for aggravating a condition.
Although it is unlikely for personal injury cases to go to trial and usually end by way of settlement, it is difficult to predict how long the process will take.
Generally, however, a claim involving major injuries and more money takes longer to settle, as does more complex cases. This being said, hiring an attorney can help motivate insurance companies to make more equitable offers earlier in the process.
Since the insurance companies wont pay bills until liability is established, it is up to you to cover your expenses.
However, you may be able to use Personal Injury Protection (PIP) coverage to help cover your medical bills and/or lost wages until you get your settlement.
Employment Law F.A.Q.s
Yes, California is an employee friendly state and offers employees very strong protections. However, it is important to hire a competent attorney in employment law matters to fight for you to increase the likelihood in successfully resolving your case.
In California, employees can be fired "at will," meaning you can be terminated without any reason. However, terminating someone "at will" does not allow an employer to fire an employee under all circumstances. This is because Federal and State laws offer certain protections that prevent employers from firing employees for illegal and unjust reasons.
For example, an employer cannot fire someone based on their race, gender, disability, religion, age, etc., nor can an employer fire someone in retaliation to that employee's reporting and/or exercising a legally protected right.
An employer retaliation claim typically involves terminating an employee in response to that employee exercising their legally protected rights, such as firing an employee in response to that employee filing a complaint with the employer's human resources department.
However, a retaliation claim does not necessarily require termination. Although termination is surely a more drastic retaliation response, a demotion can be considered a result of employer retaliation.
Harassment can result from many different actions and forms. For example, an employer's actions that make you feel intimidated or sexually offended can warrant a claim of harassment. Working in a job environment that feels hostile and unbearable as a means to pressure an employee to quit can constitute harassment. Thus, harassment does not require acts of ongoing sexual comments or physical contact.
Yes. California offers employees many protections to ensure safe and comfortable working conditions, and there are ways to recover when an employer fails to give you meal and rest breaks at work. There are also ways to ensure that you are paid for the time you work, whether your employer is not paying for the actual amount of time worked or overtime.
Generally, an employee is awarded monetary compensation based on the circumstances of the case. Some examples are recovering past and future wage loss, and sometimes even emotional suffering. A court can also make your employer pay your attorney's fees, and will sometimes even punish your employer by requiring them to pay you punitive (or penal) damages.