Sam & Ash Injury Law

California workers’ compensation law typically prohibits an employee from suing their employer for a work-related injury or illness. If you file a claim with your employer’s workers’ compensation insurer, you can’t hold your employer liable for your losses. However, there are some exceptions to this rule. You can sue your employer for an on-the-job accident if any of these scenarios apply: ● Your employer does not carry workers’ compensation insurance required under state law ● Your employer’s fraudulent or wrongful concealment of your injury caused it to worsen or become aggravated due to your employment ● Your employer’s willful assault or sanction of assault against you by another employee caused your injury In most cases, filing a workers’ compensation claim and seeking medical and income benefits through the employer’s workers’ comp insurance is the option available after a workplace accident

It depends. As long as you can prove the other driver was at fault for the crash, their insurance company should be responsible for compensating you for your medical bills, lost wages, vehicle repairs or replacement, and other losses. However, if your actions contributed to the accident, the insurance adjuster might not accept liability for their policyholder. They might try to blame you by using the evidence they find while investigating the crash. Handling an insurance claim on your own can be challenging. You could end up with a denied claim or much less compensation than your claim is worth. After an accident involving significant injuries, it’s important to seek the advice of a Newport Beach injury attorney to discuss your rights and assist you with the process. This can improve your chances of securing the full amount of compensation you need to pay for your medical expenses.

No two car accident cases are alike. A claim involving vehicle damage only may be settled in a matter of weeks. Car accident claims involving significant injuries may take months to determine the full extent of the medical costs and related expenses. Some accident cases involving serious injuries proceed to trial if a settlement cannot be reached. The duration of your insurance claim will depend on various factors including the extent of your injuries and how long it takes you to recover. When you file a claim after a car crash, you must submit evidence of your injury and medical expenses to the insurance adjuster. However, if you’re still attending doctor appointments, you can’t provide your complete records. You must wait until you have completed medical treatment or have a clear sense of your future medical needs before settling with the insurance carrier.

Many accident victims choose not to seek legal representation because they mistakenly think they cannot afford a lawyer. Personal injury lawyers typically take accident cases on a contingency fee basis. That means there are no upfront fees or costs to receive legal services. The law firm usually covers the out-of-pocket expenses necessary to develop your case, such as getting copies of medical records, conducting an investigation, and paying court filing fees. You won't have to pay any legal fees unless your lawyer recovers compensation for you. A contingency fee arrangement allows accidents victims to obtain experienced legal representation, with no upfront costs. You should have a Newport Beach lawyer review the details of your accident and explain your legal options. The consultation is free and will give you a better understanding of your rights.

Yes. If a drunk driver caused your injury in an accident, you may file a personal injury lawsuit against the at-fault driver in civil court. In California, a person drives under the influence if they have a blood alcohol concentration (BAC) of at least 0.08%. An experienced personal injury attorney can help you obtain a copy of the chemical test performed on the driver to show their blood alcohol content was above the legal limit. An attorney can also look for surveillance camera videos showing the accident and collect witness statements from anyone who saw the driver consuming alcohol before driving. A personal injury lawsuit is a civil lawsuit and proceeds separately from any criminal prosecution of the drunk driver. A civil case involves seeking monetary compensation from the drunk driver’s insurance for the losses you sustained in the accident.

Yes. Filing an injury claim when injury symptoms arise is acceptable. Sometimes, you don’t realize the full extent of an injury immediately after an accident. It’s important to seek a medical evaluation as soon as possible after a collision, even if you don’t feel injured. If another driver or negligent party was at fault for the crash, you could seek a settlement to cover your medical bills and other losses. Unfortunately, insurance companies try to avoid significant payouts whenever possible. They use tactics to pressure accident victims to accept lowball offers or find evidence to deny a claim entirely. The insurance adjuster might question your lack of immediate medical care or the delay in filing a claim. It's critical to hire an experienced Newport Beach lawyer to help you seek full compensation.

If someone else was at fault for the truck accident, you might be entitled to compensation for your injury even if the crash happened several months ago. You may file a claim against the insurance of the negligent truck driver, motor carrier, or another party. It’s important to have an experienced Newport Beach personal injury lawyer review the accident details and discuss your legal options. If you need to file a personal injury lawsuit, California law requires filing a lawsuit within two years of the accident date. The amount of compensation you may claim will depend on various factors, including the extent of your injuries, total losses incurred, how many parties were at fault, and the insurance policies available to provide compensation. A free consultation with a knowledgeable attorney is a good first step.