Sep
29
Minor’s Rights For Settlements In Florida Motor Vehicle Accidents
Filed Under Personal Injury | Leave a Comment
Subject: Child Auto Injury Rights
Question: My friend is an older lady with a 10 year old child. Recently, he and another child were playing outside when a neighbor (and family member of the other child) pulled out of her driveway, backed into my friend’s yard and proceeded to pull forward. As she pulled forward, the two children playfully jumped on the car for a short thrill ride down the dirt road. She got annoyed and rather than stopping to ask the children to get off her vehicle, she sped up. The child (which was her nephew) jumped off. My friend’s child attempted to jump off but slid and she ran over his leg. She never stopped to check on him or anything. When the other child informed my friend, she panicked. He was rushed to the hospital and pins and screws were placed in his leg. It has now been long enough that he is somewhat healed from this injury, but they have not seen a settlement. The other day, they offered a proposal, but the lawyer informed my friend that it “may” have to go in an annuity account? She’s not sure what this is or how it works, but she would like to have the money now to benefit the child. She wants to put the money in an account of his own (locally), but she is not sure about her rights to go about doing so. Could you please give me some advice to pass along to her?
Answer: Your email does not indicate what state you live in. I am a Florida personal injury lawyer specializing in Florida motor vehicle accidents, slip and fall accidents, and Florida workers compensation claims, so I can only advise you what the law is in Florida. You should always consult with an accident attorney in your area to make sure you get an answer based upon the laws of your state.
Most states have laws which control what can be done with the auto accident settlement proceeds for a minor. In Florida motor vehicle accidents, an settlement for a minor must be set aside for the minor. This can be done in a few different ways, but the goal is to ensure that the settlement money is saved and used strictly for the minor’s benefit, and not some other purpose.
One common type of investment used for a minor’s auto accident settlement is to place the money in an annuity. Annuities are designed to be a safe, conservative way to invest the settlement money so that it grows over time, and more importantly, is there for the minor when she/he turns the age of majority (18 in Florida). Most annuities are investments with an insurance company that will take the initial auto accident settlement proceeds, invest them until the child turns 18, then pay the proceeds out over time, i.e. $10,000 per year for years 18-23; $15,000 per year for years 24-29; and a lump sum of a certain amount of money at the age of 30. This is just one example of how the annuity could be paid out, and the amounts the minor receives obviously depends on the amount of the auto accident settlement, and the age of the child. The schedule of how the settlement is paid out at the age of majority can also vary, i.e. it can be paid out in one lump sum at the age of majority, or spread out over just a few years, or spread out over many years.
In Florida motor vehicle accidents, a minor’s settlement has to be approved by a Judge. Most Judges favor annuities as they are safe investments, and guarantee the money is available for the minor when they get older. Also in Florida motor vehicle accidents, before a judge can approve most minor’s settlement, the terms of the settlement must be reviewed by a “guardian ad litem” to ensure the amount and terms of the settlement are fair to the minor.
However, an annuity is not the only way a minor’s auto accident settlement can be used. Many judges will consider placing a portion of the auto accident settlement money into a federally insured bank account to be used for the child’s living and educational expenses. Withdrawing money from such an account usually requires a court order. A judge will scrutinize any withdrawals closely to make sure the money is being used for a legitimate purpose i.e. education, medical care, etc, rather than some expense of the parent or other family member.
You should speak with an accident lawyer in your area to determine how this child’s auto accident settlement proceeds should be invested. There are many factors that should be considered such as the amount of the accident settlement, the age of the child, the child’s general health condition and any special needs he/she may have, and the child’s educational needs. Annuities are a good, safe investment which allows the accident settlement money to grow over time, and be there for the child once he/she reaches an age where they can use the money more wisely. Judges favor the use of an annuity because it puts the money into a safe investment that cannot be misused by the parents or guardian, and ensures a substantial amount of the auto accident settlement proceeds are still available for the child when they reach adulthood.
Should you have any further questions, I recommend contacting an auto accident attorney in your state to discuss the settlement possibilities in detail. Good Luck.
If you need advice about your Florida motor vehicle accidents claim, contact Florida Auto Accident Lawyer Joseph M. Maus, P.A.at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today. Attorney Joseph M. Maus handles car accident claims on a contingent basis. This means that unless you recover money for your car accident, you do not owe any fees or costs.
By: Joseph M. Maus
About the Author:
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 15 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
Sep
28
Los Angeles Auto Accident Attorney’s Top Ten Ways to Know if You Have Brain Damage After a Los Angeles Auto Accident
Filed Under Personal Injury | Leave a Comment
2. You’re crying over a damaged automobile.
3. You announce to the police officer that you’re in charge.
4. You arrest the police officer when he disagrees.
5. You ask the paramedics if you can keep the stiff board you’re strapped to as a souvenir.
6. You tell the hospital staff that you’re the chief of staff and that they can take the rest of the day off.
7. You mix up the X-rays so the emergency room doctor doesn’t have to do it himself.
8. You ask the doctors to put on hospital gowns and then maybe you’ll put on one.
9. You try to understand what the heart monitoring device is saying.
10. You think the bed pan is a large sea shell and you try to hear the ocean through it.
Now here are ten useful tips of advice from a Los Angeles auto accident lawyer to follow if you have been in an accident. You can also learn more about how to handle an auto accident in Los Angeles, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com and learning how we can assist you.
Obviously, if you have had an accident, and you are reading all of this advice, it may have been a few hours since the accident. However, if you ever have another accident, or if it’s only been a few hours since you were hurt, here’s what you should do from the start.
First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.
Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.
Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.
Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.
Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.
Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.
Seventh, call a good Los Angeles auto accident attorney as soon as you have had your initial treatment, so the lawyer can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good Los Angeles auto accident attorney can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good Los Angeles auto accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most Los Angeles auto accident lawyers advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.
Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.
Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.
Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.
If you’ve had an auto accident in Los Angeles, Long Beach, Carson, Century City, Santa Monica, Torrance, Manhattan Beach, Santa Barbara, Ventura, Oxnard, Cambria or San Luis Obispo, or anywhere in Southern California, we have the knowledge and resources to be your Los Angeles Auto Accident Lawyer and your Santa Monica Auto Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.
If you have a Los Angeles personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how we can assist you.
By: R. Sebastian Gibson
About the Author:
The Sebastian Gibson Law Firm serves auto accident victims in Los Angeles, and motorcycle and truck accident clients in Santa Barbara, Santa Monica, Century City, Hermosa Beach, Ventura, Oxnard, Cambria and San Luis Obispo. We provide excellent representation to bicycle, pedestrian and car accident clients in Orange County, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, Costa Mesa, Westminster, and Buena Park. We also have the knowledge and experience to represent clients from Palm Springs and Palm Desert to Indio, from San Diego to Carlsbad, from Newport Beach to Anaheim, Ontario and Rancho Cucamonga, from Palmdale to Victorville, and all of Southern California.
Visit our website at http://www.sebastiangibsonlaw.com if you have a Los Angeles personal injury legal matter of any kind. We have the knowledge and resources to represent you as your Los Angeles Auto Accident Lawyer and Santa Monica Auto Accident Attorney or your attorney in and around the cities of Oceanside, La Jolla, Del Mar, Chula Vista, El Cajon and Escondido. We also serve Corona, Temecula, Murrieta, Riverside, San Bernardino, Moreno Valley, Fontana, Vista, San Marcos, Solana Beach, Encinitas, Carson, Torrance and Manhattan Beach.
Sep
25
Big Bear Pedestrian Accident Lawyer’s Top Ten Things That May Have Caused Your Pedestrian Accident
Filed Under Personal Injury | Leave a Comment
2. No moon.
3. Sun spots.
4. Space junk.
5. Falling stock prices.
6. Rising food prices.
7. Not running as fast as you used to.
8. The wrong sun glasses.
9. Your horoscope.
10. Not calling your mother.
Now here are ten useful tips of advice from a pedestrian accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a pedestrian accident in Big Bear, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com and learning how we can assist you.
Obviously, if you have had an accident, and you are reading all of this advice, it’s probably been at least a few days since the accident. However, if it’s only been a few hours or if you ever have another accident, here’s what you should do the next time from the start.
First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.
Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.
Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.
Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.
Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.
Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.
Seventh, call a good pedestrian accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good pedestrian accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good pedestrian accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most pedestrian accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.
Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.
Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.
Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.
If you’ve had a pedestrian accident in Big Bear, Rialto, Redlands, Lake Arrowhead, Crestline, Colton, Yucaipa, Riverside, San Bernardino, Moreno Valley, Fontana, Apple Valley, or anywhere in Southern California, we have the knowledge and resources to be your Big Bear Pedestrian Accident Lawyer and your San Bernardino Pedestrian Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.
If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how we can assist you.
By: R. Sebastian Gibson
About the Author:
The Sebastian Gibson Law Firm serves auto, motorcycle and truck accident victims in Big Bear, Rialto, Redlands, Lake Arrowhead, Crestline, Colton, Yucaipa, Riverside, San Bernardino, Ontario, Rancho Cucamonga, Fontana, and Apple Valley. We also serve bicycle, pedestrian and car accident clients from San Diego to Orange County, Long Beach and Santa Monica, Palm Springs, Palm Desert and Indio, Santa Barbara, Ventura, Oxnard and San Luis Obispo, and all of Southern California.
Visit our website at http://www.sebastiangibsonlaw.com if you have a personal injury legal matter of any kind. We have the knowledge and resources to represent you as your Big Bear Pedestrian Accident Lawyer and San Bernardino Pedestrian Accident Attorney or your attorney in and around the cities of Corona del Mar, Laguna Beach, Huntington Beach, Irvine, Anaheim, Santa Ana, Carlsbad, Oceanside, La Jolla, Del Mar and Escondido. We also serve Orange, Fullerton, Costa Mesa, Corona, Westminster, Buena Park, Mission Viejo, Garden Grove, Chula Vista, El Cajon, Vista, San Marcos, Solana Beach, Encinitas, Laguna Niguel, Chino Hills, San Clemente, Pacific Beach, Coachella, Rancho Mirage, La Quinta, Joshua Tree, Chino and Norco.
Sep
25
Get Help with Your Injury Claim from a Specialized Car Accident Attorney
Filed Under Personal Injury | Leave a Comment
One of several reasons why many car crash victims seek legal representation for their claim is because of the lack of witnesses at the scene of the accident. Many car accidents occur at night when visibility is less clear and there are typically fewer drivers on the road. It isn’t uncommon for a car accident to occur with just the two parties involved as sole witnesses. This means it’s your good word against theirs, which can greatly reduce your chances of winning a fair settlement. An experienced auto accident attorney can be your well-spoken and well-educated advocate, increasing the possibility that you will win your rightful claim.
Many auto accident victims, whether injured or not, do not have the legal knowledge or patience to deal with fussy insurance companies. Oftentimes these companies attempt to make the process of receiving coverage so difficult for accident victims that they eventually decide it’s not worth the hassle to try to get help and compensation. Insurance companies, of course, do not wish to spend any more than necessary on any type of accident claim, and will therefore do their best to make receiving compensation a difficult process. This ploy often works on individuals, but it won’t work on lawyers. Car accident attorneys have all the legal knowledge, experience, and backing necessary to get you every bit of the insurance coverage that you’re entitled to following your accident. They are not easily intimidated or dissuaded by pushy insurance representatives, and they’ll handle all your claims needs while you concentrate on other aspects of your accident claim.
If you’re concerned that you won’t be able to afford the consultation and representation of an auto accident lawyer, you can relax. Many lawyers of this kind do not require any consultation fees or payments until and unless you win your settlement. In the case that you don’t win, your lawyer does not get paid. In the case that you do win, your lawyer will simply deduct a percentage of your settlement for his or her payment, so you won’t have any financial responsibility to them outside of a portion of your claims award. Even if you haven’t received injuries as a result of your car accident, don’t hesitate to contact a car crash attorney. He or she will help you get your rightful settlement to take care of any and all expenses you’ve incurred as a result of your accident.
By: Joel Mclaughlin
About the Author:
Joel McLaughlin
Learn more about Los Angeles Accident Lawyer
Read the original article.
Sep
24
We’ve all heard of class-action lawsuits. Every so often, a product will come out with some defect that the manufacturers missed. In some cases, it is a simple matter of compensation for the money spent on the product, other times the product has actually harmed some of its consumers. In both cases, the wronged consumers usually receive structured settlement payments.
Most jobs carry some sort of risk. Life is full of risks, there’s no avoiding it. Often though, individuals get injured on the job through no fault of their own. It could be due to faulty equipment or improper safety protocols. Either way, if the employer is found at fault, they will be responsible for compensating the injured employee in the form of structured settlement payments.
Car accidents are one of the most common yet jolting things that can happen to a person. It is estimated that a car accident happens every four to five seconds somewhere on the world, so it’s pretty much impossible for most of us to avoid them. At some point in our lives, each and every one of us will probably be involved in a car wreck. If we are not at fault and seriously injured in a way in which effects us for a long-term basis, we may receive a structured settlement.
If another party has wronged or injured you in some fashion, you just might be entitled to a structured settlement payment. Although you can’t erase the memory of what happened to you, these payments will often ease the pain and suffering of someone who has been through a traumatic event or unfortunate accident. It may sound cliche, but money really does make life a bit easier. It’s not really what you can buy; it’s more about what you no longer have to worry about. With your mind at ease, you can concentrate more on healing and getting on with your life.
Conclusion
If you believe that you are entitled to a structured settlement, the first thing you should do is consult with an attorney. Attorneys can navigate the difficult language and laws involved and tell you exactly what kind of case you have. If the attorney believes that you have a real case, they can then help you build your case and get you where you need to be to have it settled. If the offending party is found wholly or partially responsible, check your mailbox, as you may soon be receiving your structured settlement payment.
By: Peter Johnson
About the Author:
Have you been wronged or injured by another party? Unsure if you are eligible for a structured settlement payment? Discover the information and resources you need to be able to secure the structured settlement you deserve today.
Please Visit:
http://www.structuredsettlementsadvice.com
Sep
24
Costa Mesa Motorcycle Accident Attorney’s Top Ten Ways Insurance Companies Play Games With You After a Motorcycle Accident
Filed Under Personal Injury | Leave a Comment
2. Well, I’m afraid those commercials for our insurance company are really more of a, well, you know, advertising, uh, no, I wouldn’t call them a gimmick.
3. I know you saw those commercials and based on them thought that we would be covering all of your expenses from the accident, but those commercials really don’t say that?
4. You see, Sir, insurance companies base their decisions on what we think is reasonable, not on what your doctors think.
5. No, Sir, you’re right. I am not a doctor, but I can tell you that we still feel that some of those medical tests were unnecessary.
6. Well, you were on a motorcycle and taking a risk so we have to take that into consideration, don’t we?
7. Yes, I realize that injuries are usually more severe in a motorcycle accident, but the amount of treatment you received is still more than the average person has in a vehicular accident.
8. I know you were trying to save us some money, but when you declined an ambulance at the scene, that tells us you weren’t that seriously injured.
9. Yes, I know it can take days to get an appointment with your health insurance doctor, but if you were really that seriously injured, we would have expected you to hobble into an emergency room.
10. Yes, I realize that when you stopped your treatment for two weeks, you were attempting to see how you would be, but even though you found you were still in pain, we really have to discount any treatment after the date you stopped.
Here are ten additional tips of advice from a motorcycle accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a personal injury in Costa Mesa, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com and learning how we can assist you.
Obviously, if you have had an accident, and you are reading all of this advice, it may have been a few hours since the accident. However, if you ever have another accident, or if it’s only been a few hours since you were hurt, here’s what you should do from the start.
First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.
Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.
Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.
Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.
Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.
Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.
Seventh, call a good motorcycle accident attorney as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good motorcycle accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good motorcycle accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most motorcycle accident lawyers advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.
Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.
Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.
Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.
If you’ve had a motorcycle accident in Orange County, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, costa Mesa, Westminster, Buena Park, Mission Viejo, Garden Grove, Laguna Niguel, San Clemente, Chino Hills, or anywhere in Southern California, we have the knowledge and resources to be your Costa Mesa Motorcycle Accident Lawyer and your Orange County Motorcycle Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.
If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how we can assist you.
By: R. Sebastian Gibson
About the Author:
The Sebastian Gibson Law Firm serves auto, motorcycle and truck accident victims in Orange County, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, Costa Mesa, Westminster, Buena Park, Mission Viejo, Garden Grove, Laguna Niguel, San Clemente, and Chino Hills. We also serve bicycle, pedestrian and car accident clients from Palm Springs and Palm Desert to Indio, from San Diego to Carlsbad, Ontario and Rancho Cucamonga, from Long Beach to San Luis Obispo, from Palmdale to Victorville, and all of Southern California.
Visit our website at http://www.sebastiangibsonlaw.com if you have a personal injury legal matter of any kind. We have the knowledge and resources to represent you as your Orange County Motorcycle Accident Lawyer and Costa Mesa Motorcycle Accident Attorney or your attorney in and around the cities of Oceanside, La Jolla, Del Mar, Chula Vista, El Cajon and Escondido. We also serve Corona, Temecula, Murrieta, Riverside, San Bernardino, Moreno Valley, Fontana, Vista, San Marcos, Solana Beach, Encinitas, Pacific Beach, Newport Coast, Lake Forest and Fountain Valley.
Sep
23
Rancho Santa Fe Auto Accident Lawyer’s Top Ten Most Pathetic Excuses for Having an Auto Accident
Filed Under Personal Injury | Leave a Comment
2. My foot slipped off the pedal.
3. I was just following traffic.
4. It’s not my fault he stopped so suddenly.
5. I had to take a call.
6. I was thinking about something else.
7. I was forced to do it by another driver.
8. They waved me through.
9. It’s all her fault.
10. I have a perfect driving record. Check it if you don’t believe me.
By the way, we don’t endorse the use of any of these bogus excuses. So here are ten useful tips of advice from an auto accident lawyer to follow if you have been in an accident. You can also learn more about how to handle an auto accident in Rancho Santa Fe, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com and learning how we can assist you.
Obviously, if you have had an accident, and you are reading all of this advice, it may have been a few hours since the accident. However, if you ever have another accident, or if it’s only been a few hours since you were hurt, here’s what you should do from the start.
First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.
Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.
Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.
Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.
Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.
Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.
Seventh, call a good auto accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good auto accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good auto accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most auto accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.
Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.
Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.
Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.
If you’ve had an auto accident accident in Rancho Santa Fe, San Diego, Carlsbad, Oceanside, La Jolla, Del Mar, Escondido, Chula Vista, El Cajon, Vista, San Marcos, Solana Beach, Encinitas, or anywhere in Southern California, we have the knowledge and resources to be your San Diego Auto Accident Lawyer and your Rancho Santa Fe Auto Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.
If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how we can assist you.
By: R. Sebastian Gibson
About the Author:
The Sebastian Gibson Law Firm serves auto accident and motorcycle and truck accident victims in Rancho Santa Fe, San Diego, Carlsbad, Oceanside, La Jolla, Del Mar, Escondido, Chula Vista, El Cajon, Vista, San Marcos, Solana Beach, and Encinitas. We also serve bicycle, pedestrian and car accident clients from Orange County to Palm Springs, Palm Desert and Indio, Long Beach and Santa Monica, from Newport Beach to Anaheim Hills, Santa Barbara, Ventura, Oxnard and San Luis Obispo, Ontario and Rancho Cucamonga, from Palmdale to Victorville and Hesperia, and all of Southern California.
Visit our website at http://www.sebastiangibsonlaw.com if you have a personal injury legal matter of any kind. We have the knowledge and resources to represent you as your San Diego Auto Accident Lawyer and Rancho Santa Fe Auto Accident Attorney or your attorney in and around the cities of Corona del Mar, Laguna Beach, Huntington Beach, Irvine, Anaheim, and Santa Ana. We also serve Orange, Fullerton, Costa Mesa, Corona, Temecula, Murrieta, Westminster, Buena Park, Mission Viejo, Garden Grove, Riverside, San Bernardino, Moreno Valley, Fontana, Laguna Niguel, Chino Hills, San Clemente, and Newport Coast.
Sep
23
El Toro Bicycle Accident Lawyer’s Top Ten Excuses Why Insurance Companies Don’t Like to Pay Bicycle Accident Claims
Filed Under Personal Injury | Leave a Comment
2. Bicyclist claims therefore tend to be more expensive.
3. Insurance companies like their money.
4. They don’t like to settle cases for more than minimal value unless they have to, you have a lawyer pressing them, or they can see it may cost them much more later.
5. Giving money to you means less interest for them.
6. They are suspicious by nature.
7. Those commercials on television cost money.
8. The law, for the most part, protects them from insurance bad faith claims by third parties.
9. They feel they can usually negotiate a small settlement with people who don’t have lawyers.
10. Often the longer they take to settle, the more willing an unrepresented claimant will be to settle for a small amount.
Here are ten useful tips of advice from a bicycle accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a bicycle accident in El Toro, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com and learning how we can assist you.
Obviously, if you have had an accident, and you are reading all of this advice, it may have been a few hours since the accident. However, if you ever have another accident, or if it’s only been a few hours since you were hurt, here’s what you should do from the start.
First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.
Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.
Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.
Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.
Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.
Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.
Seventh, call a good bicycle accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good bicycle accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good bicycle accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most bicycle accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.
Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.
Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.
Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.
If you’ve had a bicycle accident in El Toro, Orange County, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, costa Mesa, Westminster, Buena Park, Mission Viejo, Garden Grove, Laguna Niguel, San Clemente, Chino Hills, or anywhere in Southern California, we have the knowledge and resources to be your El Toro Bicycle Accident Lawyer and your Orange County Bicycle Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.
If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how we can assist you.
By: R. Sebastian Gibson
About the Author:
The Sebastian Gibson Law Firm serves auto, motorcycle and truck accident victims in El Toro, Orange County, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, Costa Mesa, Westminster, Buena Park, Mission Viejo, Garden Grove, Laguna Niguel, San Clemente, and Chino Hills. We also serve bicycle, pedestrian and car accident clients from Palm Springs and Palm Desert to Indio, from San Diego to Carlsbad, Ontario and Rancho Cucamonga, from Long Beach to San Luis Obispo, from Palmdale to Victorville, and all of Southern California.
Visit our website at http://www.sebastiangibsonlaw.com if you have a personal injury legal matter of any kind. We have the knowledge and resources to represent you as your El Toro Bicycle Accident Lawyer and Orange County Bicycle Accident Attorney or your attorney in and around the cities of Oceanside, La Jolla, Del Mar, Chula Vista, El Cajon and Escondido. We also serve Corona, Temecula, Murrieta, Riverside, San Bernardino, Moreno Valley, Fontana, Vista, San Marcos, Solana Beach, Encinitas, Pacific Beach and Newport Coast.
Sep
23
Been Involved in a Car Accident? Don’t Lose Any Money by Claiming Today
Filed Under Personal Injury | Leave a Comment
In case of personal injury, get medical help immediately. No matter how minor the cuts or bruises may appear, go and see a general practitioner or go to a hospital for treatment. After getting medical attention go home and rest. Take the day off if you were on your way to work. Don’t immediately sit down to file a claim. Some injuries may not start to hurt, or the symptoms may not appear, till 48 hours have passed.
Don’t rush into filing claims. If any injury appears or continues after filing a claim, there will be no option of re-filing a claim, as the claim will have already been filed. So, wait until 48 hours after the accident, visit the doctor, get a check up and until a clean bill of health is given and you feel that you are in the same condition that you were in before the accident happened, don’t file a claim. The insurance company is aware of the accident, so take your time. There is no law that forces filing of a claim for damages from an accident immediately, so don’t rush.
Rushing into filing a claim for damages and obtaining a settlement may cause loss of your rightful dues. So wait and consult a lawyer who will provide the best guidance concerning what to do. But care must be taken in selecting a lawyer. A lawyer may browbeat you into opting for an immediate settlement, or the driver at fault may try and persuade you to make an early settlement. Don’t fall for these traps.
Claiming damages in terms of mental and physical health, loss, repair for vehicle, and use of alternative transport are all costs that can be claimed - including lost time from work.
Therefore, rushing into filing a claim right after an accident may only end up covering the initial cost, not the total cost that may be borne after an accident. Because of this, it is advisable to show patience and not get talked into any immediate settlements.
By: David Halbert
About the Author:
Start your car accident claim now at My Injury Lawyer
Sep
22
Government Employees Compensation Act
This act implements and protects any employee who is inflicted with personal injuries while working for his employer. In such events the employee is entitled to the following forms of compensation:
• Compensation to the employee himself
• Compensation to the dependants of the employee whose death results from an accident or industrial disease
Car Accidents Law
A law has been framed in regard of the person who gets injured in an accident or suffers some monetary crisis due to the mishap. Issue of compensation for a car accident usually involves not just persons involved in accident but the insurance company as well. Types of compensation offered are split into two categories – one is accident benefit claims and other is law suits.
Automobile Accident Benefits Claims
Major benefit of this claim is the compensation will be offered to any injured part in a car accident regardless of his/ her role in the accident. So it is beneficial for driver, passenger or even a pedestrian.
Standard accident benefits include:
• Medical and rehabilitation expenses
• Care giver and dependant care
• Income replacement benefits
• Attendant care
• Housekeeping expenses
The amount of money to claim depends on the seriousness of the accident and damage caused and is governed by “Statutory Accident Benefits Schedule” (or SABS).
Lawsuits
If a person not responsible for the accident is injured that he/ she can sue the responsible party and ask for compensation. This contributes to a lawsuit, which is also known as Tort Action. The party has two years from the date of accident to commence a law suit that is commences only when a statement of claim has been issued.
Damages
Two primary and most commonly claimed heads of damages in a lawsuit are:
Pain and suffering - It refers to both physical and psychological injuries caused due to car accident. An amount of $ 30,000.00 (deductible) can be claimed by the sufferer.
Loss of income – It entitles the injured parties to get 80% of their net after- tax income loss up till the date of trial and 100% of any gross future loss of income that follows the trial.
How Long Does it Take to Get a Settlement?
Law seekers need to have much patience if they want to get right justice for themselves. Primary reason why the settlements take long is due to collection of proper prognosis reports from physician with regard to the time taken in recovering from injuries the person suffered. This whole process usually takes approximately 3 years before a settlement is reached.
By: lawyerahead
About the Author:
for more information regarding Accident Law, Injury Law, legal services and law please visit www.lawyerahead.ca









