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If you have been injured in an auto accident or another type of accident that you did not cause, it is imperative that you immediately seek the advice of a qualified personal injury attorney who knows the law and has the ability to secure the compensation you deserve. The consequences of injuries can be overwhelming: pain, suffering, medical treatment and loss of work. To add to the burden, you then have to deal with insurance companies who are simply show no compassion and want to settle your case for as little as possible. But there is hope.
With over 250 years of combined legal experienced and millions recovered for our clients, our dedicated attorneys will take the burden of the legal issues and burdens off your shoulders. We will assist you every step of the way and ensure you are fully compensated for all of your losses so that you can get back to your life and your priorities.
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Personal Injury Lawyer FAQs
Successfully asserting claims for personal injury, whether it involves (1) an automobile accident, (2) an injury due to a dangerous condition, or (3) or some other type of injury, all require certain basic procedures at the outset to make sure your rights are protected. This includes immediately notifying the responsible party (and their insurance provider) that you are making a claim for personal injury and seeking appropriate medical treatment. There are also important deadlines and procedures if the responsible party is a government agency – for example, if you were struck by a police vehicle in an accident or were injured inside a government building. Any delays in this process can negatively impact your claim. That is why it is important to retain counsel soon after an incident to make sure your rights are protected.
Providing the responsible party with written notice is a crucial first step. Sometimes this means complying with specific claim procedures, depending on the type of personal injury matter and who is at fault. To make sure your rights are protected, consult with an attorney to determine the best way to submit a claim.
Litigation in court is often very time-consuming and can involve unexpected delays such as availability of the trial court, attorney schedules, and the availability of key witnesses. Because of these delays, it is important to retain competent counsel that will make every effort to resolve your personal injury claims before filing a lawsuit. By investigating the claim and working with insurance providers, the attorneys at The Matian Firm will make every effort to settle your claims before filing a lawsuit.
Successful outcomes to personal injury cases are often determined by crucial steps taken at the very beginning of a case. This includes immediate medical evaluation and treatment for injuries, as well as preserving key evidence such as surveillance footage. In order to give you the best opportunity for success in your claims, it is important to consult with a personal injury attorney right away. The experienced attorneys and staff at The Matian Firm are ready to discuss your situation and determine the best next steps to protect you and your rights.
Most personal injury cases involve two types of damages: (1) Special Damages and (2) General Damages. Special damages include any specific costs incurred as a result of the injury, such as bills for medical care and prescription medication. Special damages may also include future costs that are reasonably anticipated, such as additional medical treatment. Special damages can also include lost wages from work that was missed due to your injury or other out-of-pocket costs. Alternatively, general damages cover damages for “pain and suffering” or psychological trauma that results from the injury; these damages are real and are allowed under the law, even if they don’t have an obvious dollar amount.
Generally speaking, employers are responsible for injuries that happen “in the course and scope of employment.” This includes travel required for the job, such as transporting or going to a specific destination during work hours. However, this generally does not include employees driving to or from work when they are not “on the clock.” However, every situation is unique and it is best to consult with an experienced personal injury attorney right away to better understand your options and protect your rights.
A jury trial is the final proceeding to determine who prevails in a lawsuit. Most personal injury claims should be resolved without filing a lawsuit, let alone going to trial. However, if the damages from an injury are very high – whether it be medical bills, destruction of property, or loss of life – sometimes a lawsuit must be filed to compel the party at fault to pay a fair settlement. If you have questions about an active case or are want to know what it will take to resolve your claim, contact our experienced personal injury team right away to get your questions answered and have the peace of mind that comes from knowing you are in good hands.
In the modern age of manufacturing, everything from can openers to safety seats are subject of strict safety regulations to protect consumers. Unfortunately, some products can be defective to the point that they risk injury. This can come in two main forms: (1) design defect and (2) manufacturing defect. A design defect is when a company failed to take into account basic safety concerns and built a product that is inherently dangerous to use – i.e. the design was flawed, rendering the product dangerous. A manufacturing defect, however, is where that specific item was made improperly, and somehow was sold or used even though it did not conform to the safety standards for which it was designed. In California, these kinds of products liability claims have “strict liability.” This means that if the evidence shows the product was improperly made (whether due to its design or manufacturing), and the defect caused your injury, then the company is automatically liable. If you have questions about whether your injuries or those of a loved one were caused by a product defect, it is important to consult with an experienced attorney right away to protect your rights.
Insurance coverage is an important factor in a personal injury case. Even though an individual or a company may be legally responsible for your injuries and medical care, they may not necessarily have enough assets or income to pay. Bankruptcy laws in the United States often allow debtors to discharge debt from legal judgments, especially if those judgments are for negligent injury. Because insurance coverage is one of the several sources of compensation to satisfy legal claims, it is important to speak with an experienced attorney right away to determine the best way to proceed.
Each settlement is different and any questions about how to prepare or file tax documents with the Internal Revenue Service or the California Franchise Tax Board (or any other state tax collection agency) should be handled on a case-by-case basis. That being said, the general rule of thumb is that “income” is taxable, and other sources of revenue often are not. This means that a portion of a settlement designated as lost wages – i.e. compensation for income that you lost due to an injury – is likely taxable as income. However, settlement funds meant to compensate for pain and suffering, or compensate for the costs of medical care are usually not. However, it is important that you get specific advice from either your tax preparer or the an experienced personal injury attorney to better understand the tax consequences of a personal injury settlement.
Much like doctors and other professionals, personal injury attorneys are often associated with unpleasant feelings and painful experiences because most people do not work with a personal injury attorney until they are in a terrible accident and need help. This sometimes creates a negative association even though personal injury attorneys – like all attorneys – took an oath to work zealously on behalf of their clients. Unfortunately, insurance companies and corporate entities often spend huge sums of money lobbying state and federal lawmakers to change laws regarding liability and damages to be more favorable to them. These lobbying efforts do not just target changes in the law – for example, California’s MICRA statute, limiting general damages in medical malpractice cases to $250,000 regardless of the injuries caused by a doctor’s negligence – but also work to change public perception of personal injury attorneys. Here at Windsor Troy we understand that an attorney is only as good as their reputation and the results they can achieve for their clients. That is why we take a personal approach to every case and fight for the best outcome for each and every client.
Torts are a formal legal term that covers all personal injury claims, as well as other types of claims for injury. Personal injury usually (but doesn’t always) refer to unintentional torts– i.e. accidents or injuries caused by someone not paying enough attention or otherwise accidentally causing harm; these are usually claims where the at-fault party is accused of negligence. Torts also include intentional torts, though, such as assault and battery, violations of civil rights, and other claims that require evidence of a bad or purposeful intent by the at-fault party. To better understand which type of case you may have and assess your full options under the law, contact an experience personal injury attorney right away and discuss your options.
In California, the statute of limitations for personal injury – i.e. the limit on how long someone can wait to file a lawsuit before it is too late – is generally two years (California Code of Civil Procedure § 335.1). However, that time period can be much shorter or longer depending on the circumstances. For example, if the injury was caused by a government employee or occurred at a location owned or maintained by a government entity, then most claims must be submitted within six months before filing any lawsuit. If the victim of an accident was a minor, the statute of limitations may be tolled – essentially paused – until they turn 18. Even though you may have a great deal of time to file a lawsuit, a successful personal injury claim will usually require taking immediate steps to get appropriate treatment and preserve evidence immediately after the accident. However, each circumstance is unique and it is important that you consult with an experienced personal injury attorney to better understand how important deadlines can affect your rights.