The Barnes Firm Injury Attorneys

If you've been injured in a car crash, you should call the police right away and report the accident, even if it seems minor at the time. If you haven't been injured, you should still exchange information with the other driver and take photographs of any damages to both vehicles. Be sure to get copies of the other driver’s license, registration and car insurance cards, and gather any eye witness contact information. The DMV also requires that you submit a form called an SR-1 within 10 days after the accident if there are any injuries or more than one-thousand dollars worth of property damage.

If a police report was made at the time of the accident, then yes, you can get a copy of the police report directly from the department that made it. Most police departments DO charge a small fee for a copy of the report. Depending on the agency that made the report, it can take anywhere from 7 days to four weeks for the department to finalize the report. If there's a fatality, then it can take even longer.

How quickly you get paid for lost wages really depends on a number of factors. If you have disability benefits from your employer or other insurance policies—or you were hurt on the job and are entitled to worker's comp benefits—then you may get some lost wage benefits within weeks of your accident. If you were in a car accident that was not your fault, then you can file a claim to try to recover lost wages. Unfortunately, any recovery for this will generally be part of your total settlement, and payment won't be made until the personal injury claim is completely resolved.

Workers compensation can cover a portion of your lost wages if you were injured at work. However, if someone other than your employer or co-worker is at-fault for your injuries, then you might have a separate claim against that third-party. In other words, you can have both a worker's comp claim AND a personal injury claim. These are case-specific situations, so you should consult with one of our attorneys to help identify the best course of action.

If you're in a car accident that's not your fault, you can make a claim for lost wages, which includes any time off of work you needed for recovery. But if the at-fault party is uninsured, then you might need to rely on your own car insurance policy if it includes uninsured motorist coverage. Note that any missed work must be due to accident-related injuries that are medically documented, and the amount of any lost wages must be independently verifiable.

If you want to receive disability benefits after a car accident, then you need to apply, and your claim must be supported with the appropriate documentation. But there's no specific requirement that you apply for disability benefits. You may instead elect to use paid sick days, vacation time, or unpaid leave.

Generally, when someone has a “work related” injury, then the employee is entitled to workers compensation benefits and cannot sue their employer. But there may be other people at-fault that you can hold responsible for your accident-related injuries. In other words, you may have both a worker's comp claim with your employer and a personal injury claim against someone else. These are case-specific situations, so you should go over your options with an attorney.

If you're in a car accident that's not your fault, then the other driver will be responsible for any lost wages. However, you must prove any missed work is due to the injuries you suffered in this accident, and the amount of any lost wages must be independently verified.

Some car insurance companies play-down minor car accidents by saying that your injuries cannot be caused by low impact accidents. But the sad reality is that minor accidents can cause major injuries. Regardless of the severity of your injuries, there's no minimum injury, or property damage amount required to recover compensation for pain and suffering in California.

There's no specific formula used to calculate pain and suffering, and legal professionals generally rely on the results of similar prior cases. Insurance companies use several factors to evaluate a claim for pain and suffering, including the nature of the injuries sustained, the amount of your medical bills, the extent of the property damage to the vehicles involved, whether there are pre-existing conditions or other issues regarding your accident. The amount any one person receives is case specific and depends on that individual’s loss of enjoyment of life, the limitations and restrictions they have and the overall impact the accident has had on their life. Ultimately, the value of an individual’s pain and suffering is case specific. So if an insurance company undervalues that amount, then the injured victim has the right to take their case to trial.

If you're in a car accident and suffer any injuries, then you should call 911 while at the scene. After you've received medical treatment, then you should call one of our attorneys to evaluate your options and protect your legal rights.

The California Code of Civil Procedure section 340.5 establishes the statute of limitations for medical malpractice lawsuits. Generally, medical malpractice cases are required to be filed Within one year after you discover the injury or within three years of the date your injury occurred, Whichever event comes first. If a child under the age of 18 was injured by a medical professional's negligence, the time limits are different.

Typically, if you have health insurance it "will" cover an ambulance bill after a car accident. You may also have med-pay coverage through your car insurance policy that can be used to pay for any medical bills. Ultimately, if you're in a car accident that is NOT your fault, then the at-fault party will be legally responsible for any reasonable and necessary medical bills including ambulance bills. However, you should note that if your health insurance or med-pay coverage (or anybody else) pays for those bills first, then they'll likely ask to be paid-back using the recovery you receive in a personal injury case.

If you're injured in a car accident, then you should seek medical attention immediately. Often times this may involve going to the ER or an urgent care. Sometimes it may be appropriate to go to your family doctor, an orthopedic specialist, or a chiropractor. It depends on the nature, location and severity of your symptoms. Regardless of who you see, it's important to communicate all of your pain symptoms so that your medical provider can quickly and accurately diagnose and document any injuries that you might've sustained.

If you're in a car accident that's not your fault, then you can make a claim against the at-fault party for your medical bills. However, you may be initially responsible for paying any bills until the resolution of your personal injury case. If you're unable to pay for those bills out of pocket, then there are other ways to pay them; including using your private health insurance, Medi-cal, Medicare or arranging a lien directly with the medical provider. But again, ultimately the negligent party will be legally responsible for any reasonable and necessary medical bills including x-rays.

Hi Steven, our injury lawyers in Oakland focus on personal injury cases in the Bay Area. Since your case doesn't involve a physical injury, we'd recommend contacting your area Bar Association, which can put you in touch with the right team for your situation.

You should always connect with a lawyer after an accident for a few reasons: 1) A car accident lawyer in the Bay Area knows the laws and policies that can help protect your rights. 2) If you have a case, an attorney can go over all of your options with you, file a claim on your behalf, and help you recover the best possible result. Research has shown that having a legal team on your side can help you recover 4x more, on average, than those who don't retain legal counsel. 3) Even if you don't have a case, a lawyer can provide you with information about what options you DO have. 4) At The Barnes Firm, these services are free -- and your attorney only gets paid from a portion of any settlement or verdict they recover for you If you have any questions, please call The Barnes Firm at (800) 800-0000. We're here to help 24/7

Hi Kecia, sounds like you've been through a lot over the last month or so. Recovering from an accident can be a challenging process, but you're not alone! If you have any questions about insurance, medical bills, etc. we're here to help get you answers. I'd recommend calling our car accident lawyers in the Bay Area if you have any questions or if you're even considering filing a claim. You can reach the right team by calling (800) 800-0000 or by messaging us directly right here on Google.