Los Angeles Personal Injury Lawyer Directory

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What to Know About Medical Treatment Following an Accident

Car Accident Lawyer

After a car accident, the injuries can vary from minor to severe. Immediately following the wreck, it may be difficult to determine how serious your injuries are. You may be in shock, there may be a lot of adrenaline in your system and some injuries may not show symptoms until later. If you don’t feel like you’re hurt, it doesn’t mean that you aren’t.

If your injuries are serious, you could have medical bills that eventually require you to file a personal injury claim. This means it is important to have evidence as soon as possible.

Do You Have to See a Doctor After an Accident?

After an accident, you do not want to wait more than 14 days to receive medical attention. If you wait longer than that, the insurance company may find ways to argue your case. While it is still possible to file a claim if you did not see a doctor right away, it is going to be more difficult to prove. While not impossible, it is safer to see a doctor right after the accident.

In most cases, you should visit the emergency room the same day that you were in the accident. If you do not feel it is necessary, then you need to go to the doctor as soon as any other symptoms present themselves. For instance, the following conditions may not manifest with symptoms until later:

  • Internal bleeding
  • Head and neck injuries
  • Spinal injuries
  • TBIs
  • Fractures

Don’t overlook any aches and pains after a wreck. If you have headaches, swelling or numbness, go see a doctor as soon as possible. It is better to find out that it is a minor injury than to wait when it might be more serious.

What Type of Treatment Do You Need After an Accident?

There are a variety of treatments that you may need after an accident. First, you should see an emergency room doctor or your primary care physician. Keep in mind that some primary care physicians will not see car accident victims. Once diagnosed, your doctor may send you to a specialist to deal with your specific injuries.

When you see a doctor after an accident, you must keep proof of your injuries and organize all medical documentation. A lawyer will use this information to help with your case. To file a personal injury lawsuit, contact a car accident lawyer, like from Davis & Brusca, for a consultation.

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Understanding a Revocable Living Trust

Personal Injury Lawyer

When you are physically and mentally able, you should be wise with your finances and assets. However, there may come a point where you have diminished capacities and can no longer make important financial decisions. Likewise, you want to be prepared for your death so your surviving loved ones can have the security and peace of mind they need. With a revocable living trust, you can decide who will inherit your assets and how the money is distributed.

A Brief Description

A trust is a legal document that states what will happen to your money and other assets when you die. In a revocable trust, you can change the provisions as you desire and as circumstances change. You name beneficiaries and state who will receive what upon your death. In the meantime, you will appoint a trustee to oversee your finances, such as taxes and income. The person who sets up the trust can handle this role.

What it Includes

Your trust grants legal authority for the trustee to handle your money after you die and ensure that it passes to the beneficiaries. It can include savings accounts, checking accounts, retirement accounts, property and other possessions. This document is effective from the day you write it.

Advantages

People who prefer trusts over wills do so because a revocable trust will not pass through probate. These legal proceedings can be lengthy and costly. Skipping this step can help the transition of your estate go much more smoothly. Also, you have more flexibility to alter the trust as you see fit or as your attorney may advise. Setting up a trust will protect your money and help ensure that there is no confusion over your estate. It can also eliminate family squabbles and divisions.

Automatic Transfer

Another aspect of a revocable trust that people like is that there is no need to go to court when you hand over your finances to the trustee. This is an automatic process that will take place if you are deemed unable to make sound financial decisions such as pay bills, apply for a loan, withdraw money or sell your home. You can even specify how much in the trust your minor beneficiaries spend from the accounts they inherit.

Consider the benefits of a revocable trust and why it may make sense to you. Meet with an estate planning lawyer, like from the Yee Law Group, to discuss your next steps and how you can protect your assets.

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4 Reasons To Hire a Lawyer for Your Divorce

Under certain circumstances, you may wonder if you need to hire an attorney to handle your divorce. Technically, the law does not require either party to a divorce to retain legal counsel, which means that you do have the option to represent yourself, as does your spouse.

There may be situations in which hiring your own attorney doesn’t make sense, such as when you have only been married for a short time. In this instance, you and your spouse may have no children together and little if anything in the way of marital property. If you and your spouse have already worked out the issues on your own and just need help with drafting the divorce agreement, retaining more than one attorney may not make sense.

Though not required by law, hiring a divorce attorney can benefit you in most cases. Here are some reasons to consider it.

1. Understanding Your Legal Rights

Divorce can be very complicated, especially if you are unfamiliar with the laws of your jurisdiction. If you do not understand what you are entitled to, it can be more difficult to adequately represent your interests when you go to court. You may end up with less than you deserve in the interest of expediting your divorce or saving money on attorney’s fees.

2. Working Out Custody Arrangements

A custody decision depends on many different factors. The child’s interests are the guiding principle in all states. However, you also have rights as a parent. An attorney who understands the factors that go into child custody determination can help defend your rights in court.

3. Property Division

Property division is more difficult when your finances are complex or you and your spouse have high assets. The fairest possible division of assets depends on obtaining an accurate picture of your spouse’s finances. A divorce attorney has the knowledge and resources available to conduct the necessary research thoroughly.

4. Spousal Support

Also called alimony, spousal support is money that one ex-spouse pays to the other to help the recipient become self-supporting. Unlike child support, it is up to the court’s discretion to decide whether to award alimony and in what amount. Your attorney can help you negotiate an arrangement that is fair to you.

The terms of your divorce settlement will affect you for the rest of your life. Therefore, it deserves some time and deliberation with guidance from an experienced professional. Contact a divorce lawyer, like from Scroggins Law Group, to discuss your case with one of our attorneys.

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Car Accidents: Who Is At Fault in Icy Conditions?

Car Accident Lawyer

It is a common understanding that accidents are more likely to happen in icy conditions. After an accident, liability is always a big question. Who was negligent? In icy conditions, the answer may be more complicated. Here is how to determine fault in winter weather.

Did Your Car Lose Control?

Most car accidents in the snow involve more than one vehicle. If you were in an accident that only involved one, you may be wondering if someone else is liable. When you lose control of your car, you are at fault. Now, there are some situations where you may be able to hold the city accountable. For instance, if you were on a road that should have been maintained, you may have a case. In a collision with another vehicle, you have to look at who caused the accident. If another person’s car swerved out of control on black ice and wrecked with yours, then he or she is responsible.

Did You Have Warning of the Weather?

You cannot control the weather, so you may be wondering how you could be responsible if your car loses control in the ice or snow. As the driver, you are responsible for how you handle the weather. For instance, if it is a cold winter day, even if you do not notice black ice on the road, you should have reason to believe that there could be black ice on the road.

You have to prepare your vehicle for snow and ice. If you are not comfortable with your ability to drive in frigid conditions, then it is up to you to choose not to drive. The law is not on your side when if your car is the one to lose control. Likewise, this means that if another car collides with yours after slipping on the ice, then the other driver is at fault, rather than the snowy conditions.

After a car accident, liability is always the question at hand. You have to prove that the other driver was negligent or that he or she caused the accident. Whether you lost control of your car or you were in a collision due to someone else losing control, the snow and ice are not a defense. The only time ice can be a defense is in rare cases where there was no reasonable way for the driver to know the road’s condition. To discuss liability, consult with a car accident lawyer, like from Hickey & Turim, SC, today.

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Racing the Clock With Personal Injury Claims

Car Accident Lawyer

While you need not rush a decision to sue for sustained car accident injuries, you also should not wait too long. Most states have statutes of limitations that limit the time you have to file a personal injury claim. However, there are exceptions to these laws that you must understand as well. People often feel too rushed into filing lawsuits, and that creates a problem of not having all the information necessary for an accurate claim. Therefore, before diving into a lawsuit, consider your timeline, age and circumstance.

General Statutes

Most states place a two year limit on filing a personal injury suit. However, do not let the timeline scare you. Two years only represents the time you have to file, not the time it takes to resolve the case. Also, the timeline starts on the day of the accident.

Minor Extensions

While most adults will only have two years from the date of their accident, children get an automatic extension. Minors, or individuals under the age of 18, will have two years from the date of their 18th birthday to file a claim. Therefore, if you are in an accident at the age of 15, you have until you are 20, or five years before you need to file.

Government Entities

Unfortunately, you do not always have two years to file a claim. If you are injured while riding public transportation, then you may only have a few months to make a claim. Governmental bodies most likely restrict the timeline to avoid nuisance claims and backlog.

Extenuating Circumstances

Some situations may earn an extension because it is impossible for the victim to file a claim. For example, if an accident leaves a victim incapacitated or in a coma, the court may grant an extension. The court may also permit a family member to file on behalf of the victim in such circumstances.

Filing a personal injury claim after a car accident does mean racing the clock to some extent, but you likely have plenty of time to assess your injuries and property damage, ensuring that you file a full and accurate claim. If you are not sure when you should file, then contact an experienced car accident lawyer, like from The Law Firm of Frederick J. Brynn, P.C. Discuss your injuries and the projected recovery process. The attorney may suggest speaking with other specialists or medical professionals before putting your claim together. However, you have the final say as to when or if you file, as long as you adhere to local statutes.

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What Happens When Your Accident Case Is Settled?

Car Accident Lawyer

A car accident claim can take a few months to settle. This is likely due to a disagreement of a fair settlement between you and the insurance company. Fortunately, most car accident claims are settled without a court trial. You probably have many questions about getting your money and settling your bills. Here are some general rules about what happens when your lawyer and the insurance company come to an agreement.

Settlements Are Lump Sum Payments 

If you’ve suffered significant injuries in a car accident, it can actually be to your benefit to wait to settle. You only get one chance to get money from the insurance company. Once the settlement is reached with both parties accepting the terms, the claim will be closed. If you discover more problems down the road, you won’t be able to go back and ask for more money. A personal injury lawyer can help you avoid this issue by going through your medical records thoroughly before reaching a settlement.

How Is the Check Processed? 

A settlement check usually comes to the attorney who is handling your case. It can take four to six weeks for the insurance company to send the check. The check will be made out to you and the attorney. Your attorney will deposit the check into their firm’s trust or escrow account. This is a special account is separate from the firm’s other money. The lawyer might have to use some of the money to pay medical providers or your health insurance company. In some states, if you have unpaid child support, your lawyer may be required to send settlement money to the child support agency. Any liens on the settlement need to be handled before the funds are distributed.

When Will You Get Your Funds? 

Once your attorney deals with the liens, the legal fees and costs will be taken out of the settlement. This could include expert witness fees, court fees and medical evidence fees. The attorney’s fees will also come out of the settlement before you get your money. You should receive an itemized billing when your lawyer sends the remainder of the settlement money detailing the deductions. Most lawyers will settle your case within a couple of weeks of receiving the settlement, but you should discuss the process with your lawyer.

Settling an accident claim is a complex process. Legal representation is recommended to make sure that you have an advocate on your side who understands the law. Contact a car accident lawyer, like from David & Philpot, PL.

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Why Debt Collection Robocalls are More Bark Than Bite

Personal injury Lawyer

Any person who has received a debt collection robocall probably understands just how annoying it can be. This may be particularly true if the robocalls are threatening, harassing, or just flat-out unprofessional. Consumers who feel frightened when first receiving such calls should know that these collectors are often more bark than bite. Debt collectors may claim you will be arrested or make other empty threats, but there is often no such consequence awaiting you in the days to come.

Why do debt collectors make such threatening robocalls?

Debt collectors tend to not care about the situation of the consumer, as their primary motivation is to make as much money as possible. A person may have fallen into distressing financial times, and doesn’t have money left over at the end of each month to pay back debts. Despite a consumer being behind, this does not mean the debt collection agency is allowed to scare or bully you into making payments. 

Do consumers have rights that protect them against such harassment?

While debt collectors are permitted to take certain actions in an attempt to get payment from a consumer, a person also has rights when it comes to how often and in what manner such contact is made. Depending on your state, there may be laws that protect a consumer from dealing with such inappropriate pestering. 

What can I do to help stop these calls?

If you do actually owe money to the debt collection agency, you can request calls to be stopped through a written letter. If the debt collectors do not abide by your request and continue to keep sending robocalls, then they are likely in violation of your rights. If the calls do not halt, you may want to seek legal intervention and maintain records of any contact they make after receiving the letter. 

Calls from a debt collector are stressful, why does the agency play on my emotions?

Debt collectors may try some very unruly and unkind tactics to get a consumer to pay up. As a response to getting these calls, you may feel embarrassed about not being able to pay your outstanding bills. Debt collections may use shame, fear, and annoyance as a method to get money from you. The best way to handle such calls is to remain calm and collected, and get legal help if you are unable to resolve the matter yourself. 

What can an attorney do for me?

A lawyer, like a debt collection lawyer from the Law Office of Michael A. Ziegler, PL, can help you decide whether filing a lawsuit is the next step in getting these debt collection robocalls to stop. An attorney can offer advice on other actions to try first, before acting on a lawsuit. However, sometimes it takes a debt collector receiving notice of a lawsuit to stop sending robocalls to a consumer who owes them money. A consumer may be awarded financial restitution for the annoyance as well, permitted they are able to bring forward evidence including the debt collector’s phone numbers and voicemails. 

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Relocating When You Have Custody of a Child

After a divorce or separation, it is not unusual to move. Often, after a split, you may have job prospects elsewhere or you may want to move closer to family. If you have children, relocating may become more complex. This doesn’t mean that you cannot move; it simply means that you have to take more into consideration.

Child Relocation Considerations by the Court

When you want to relocate, you have to notify the non-relocating parent. You should notify the other parent as soon as possible. If you do not notify the other parent, the courts will not look favorably on you.
Courts will also take into consideration the distance between your home and your new home. Courts will be more likely to approve a move over a shorter distance. They will also look at the quality of life. The child should have the same opportunities for education and the same quality of life in their new home, if not better.

Best Interests of the Child Considerations

The best interest of the child is a standard that most courts use. The courts do not want to disrupt a child’s life more than necessary. You may have to prove to the court that your move will be within the best interests of the child. If the other parent does not want you to move, then he or she will also have to prove why the move is not necessary.

Courts will also consider the age of the child. If you have older children, then they may be able to speak for themselves. For instance, older and more mature children can explain their preferences and the judge can assess whether or not the child wants to move. Of course, a child’s opinion is not always going to be in his or her best interest. The court understands this and will only use a child’s preference to help inform a decision.

To move after a divorce can become a lot more complicated when you have children. You have to have permission from the other parent and you may have to go to court to prove that the move is necessary. If you decide to relocate, it is important that you follow the rules. To find out more about what you need to do in order to relocate with your children, you should set up a consultation with an attorney, like a divorce attorney from Scroggins Law Group, as soon as possible.

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How To Prove a Defective Product Claim

Personal Injury Attorney

Manufacturers and designers are legally obligated to provide their customers with products they can use with confidence. No one wants to invest in a brand new vacuum cleaner, just to have the bag burst during the first use. Additionally, some products can become dangerous if they malfunction, resulting in severe injuries for innocent customers. If you have been injured as a result of a defective or malfunctioning product, you could file a product liability claim. Here is what you will need for a valid claim.

Injury or Damage

Injury is one of the first things you will have to prove in your product liability case. If you were not injured by the malfunctioning product, then your case will not be viable. Let’s say you just bought a new desk lamp. You sit down, switch it on and start typing away on your laptop. Immediately, the lightbulb that came with the lamp begins to spark. You leap out of the way before it shatters and you knock your laptop to the floor as you fall. Luckily, your laptop and you are completely fine. In this situation—although the product did malfunction—you would not be able to file a product liability claim since you would not be able to prove that injury or damage occurred as a result of the malfunctioning desk lamp.

Defect

Next, you will have to prove that the product was defective. There are three different ways to file this claim:

  1. Error in Manufacturing – The item in question was damaged or broken during the manufacturing process. This is usually the easiest product liability claim to prove since you will have physical proof of the defect.
  2. Error in Design – The item in question is dangerous because of a flawed design. This can become more difficult to prove, since you will ultimately need to cite a specific design flaw that made the item dangerous.  
  3. Error in Messaging – The item in question has dangers not communicated to the customer. In this case, labelling is important. The manufacturer should provide sufficient warnings regarding any dangers linked to the product. 

The Defect Caused Your Injury

You will also need to prove that your injury was specifically caused by the product defect. Spraining your thumb while leaping away from a sparking desk lamp might be harder to prove then showing an arm full of burns you received when the sparks hit your skin.

If you were using a product as it was intended and you were injured when it malfunctioned, you could eligible to file a product liability claim. Worried that you don’t have all the elements for a valid claim? Reach out to a product defect liability attorney, like a personal injury attorney from Rispoli & Borneo, P.C., and see what your claim could be worth.

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AN ATTORNEY MAY MEAN MORE MONEY

Personal Injury Lawyer

When you or a loved one are involved in any type of injury incident, your first instinct may be to hold the at fault individual responsible. In most cases, a personal injury attorney would be contacted as soon as possible. However, there are also cases where an individual will simply ask questions, do research, and attempt to handle the legal problems by themselves. This is not out of confidence or even out of knowledge. Most of the times this is because individuals involved in motor vehicle accidents or other personal injury incidents fear they will lose money if they hire a personal injury attorney to represent them. And while this is true, attorneys will receive payment from your settlement once your case settled, it is also more likely that the money pot increases when you have a legal representation. So, ultimately, hiring a personal injury attorney may be more beneficial than not. 

This assumption solely depends on the factors of your case. What makes the biggest difference in the outcome is not whether you or your loved one represented themselves but whether there was any injury and medical treatment had. If you or your loved one handles your own personal injury claim, this may make the healing process more strenuous on you. This can also cause you to miss a few steps that may be especially important in your case. By hiring an attorney, you will not only put your case in the hands of an experienced professional but also be able to focus more on your treatment and getting as close back to regular life as possible. 

In most cases self-representation leads to successful settlements. However, if there is a possibility of receiving a larger claim, you should take it. Personal injury attorneys have experience negotiating with insurance companies and understands what paperwork needs to filed with the court systems to proceed with a case or potential lawsuit. Lawsuits are usually filed once an insurance company is lowballing a victim and a jury needs to hear the case to increase the amount offered. If you are handling the case on your own, to end the case swiftly, you may not pursue a lawsuit. Which is equivalent to you likely being lowballed and not knowing.

Speak with a skilled attorney, like a personal injury attorney in Atlanta, GA from Andrew R. Lynch, P.C., to discuss your options in your personal injury claim. You do not have to go through it alone. 

L.A. Personal Injury Resources

LA Car Accident Lawyers
Automobile Accident Lawyer LA
Los Angeles Personal Injury Lawyer
Los Angeles Automobile Accident Attorney
Car Accident Lawyer Los Angeles
Los Angeles Workers Compensation Attorney
Los Angeles Wrongful Death Attorney
Los Angeles Slip & Fall Lawyer
Uber Accident Lawyer Los Angeles
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Truck Accident Lawyer Woodland Hills CA
Los Angeles Personal Injury Attorneys

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