Law Office Of Brian P. Azemika

Every case is different, but common claims include things like lost pay, medical expenses, prescription drug prices, missed enjoyment, pain and suffering, among many other things. If the at-fault driver knowingly engages in overtly unsafe behavior to cause the collision, you can also be eligible to receive punitive damages. One illustration of this is impaired driving.

After any car accident, it's critical to get medical care. Some injuries may take several hours or even days to manifest symptoms. At that point, they can be crippling, and therapy might be more difficult. Additionally, if you choose to file a case, having a doctor's documents from right after the collision can help explain your injuries.

Numerous things can lead to auto accidents, but some of the most frequent ones are as follows: Dialed-In Driving. Less likely to pay attention to the road are drivers who are texting, talking on cell phones, changing the radio station, or conversing with passengers. They might momentarily lose focus as a result, leading to collisions. Road Conditions are poor. Roadways must always be kept in good condition, according to local and state governments. Drivers may lose control of their cars and crash if they don't fix problems like potholes, missing guard rails, and abrupt elevation changes. Manufacturing Mistakes. Manufacturers of automobiles are held to a high standard because when parts malfunction, vehicles may crash and drivers and passengers may sustain serious injuries.

Uber and Lyft are still fairly young businesses. Before going to trial, most car accident lawsuits are settled. Before accepting settlement offers, the insurance companies advocating for Uber and Lyft might demand confidentiality language. Due to this, it is challenging to determine how frequently accidents involving Uber and Lyft vehicles occur, as well as the settlement offers Uber and Lyft are making to the victims. There is an expanding list of businesses involved in ride-share accidents in California, including: Uber, Lyft, Waze, Carpool, and Sidecar Consult a skilled California car accident attorney about your legal options if you are hurt in an accident involving a ride-sharing service to learn how to recover damages for all of your losses.

Yes. You are entitled to general and special damages, according to California law. A truck accident is very similar to any other kind of auto accident in terms of compensation. Your claim amount will be made up of special damages like medical expenses, lost wages, and repair costs as well as compensation for pain and suffering, also known as quality of life damages.

Because California is a comparative fault state, even if the victim shares some of the blame, they may still be able to recover damages, but only up to a certain percentage. According to California law, a plaintiff is still entitled to compensation even if a judge finds them to be 99 percent at fault. If this worries you, a skilled injury lawyer can help you argue the defendant's contribution to the accident.

Every personal injury case is unique based on the facts, the extent, and the seriousness of the accident and injury. These elements would typically include: Your injuries' severity, their duration of disability, their permanent nature, the total cost of your medical care, and their physical scarring and disfigurement; future medical expenses; wage loss; and psychological trauma.

If your case qualifies for small claims court, you might be able to file a lawsuit without retaining legal counsel. If your demand is for less than $10,000, you may file any claim that you could otherwise in small claims court. In California, a plaintiff is only permitted to bring a claim worth more than $2,500 twice per year. A public body or company is restricted to $5,000. Small claims court may be a wise choice if you anticipate recovering less than $10,000 because it will save you time and money and enable you to quickly recoup your losses. Without attorneys present, the majority of people in small claims court represent themselves.

No. If you receive a call from the negligent party's insurance company, you must refuse any settlement offers and provide them with any information about the incident or your injury. Keep in mind that the insurance adjustor's job is to save the insurance company money. They'll use shady tactics to avoid paying you what you're owed, so don't talk to anyone or accept any settlement until you've spoken with our firm. Please remember that accepting a settlement check may preclude you from receiving full and fair compensation.

Yes. In most cases, you must file a lawsuit within two years of your bicycle accident, or the judge may dismiss your claim. When a minor is injured while bicycling, the two-year bar period does not start until they turn 18, so they can file at any time before they turn 20.

It is possible that truck accident claims will take longer to resolve than traditional car accident claims. For starters, there are more parties involved (for example, the truck driver, injured victim(s), trucking company, cargo loader, truck manufacturer, and so on). As a result, determining liability after a thorough investigation can take time. Furthermore, because damages are frequently severe, truck accident claims frequently have high values. As a result, insurance adjusters are often hesitant to pay a victim's full claim amount unless he or she fights for it.

It's possible, but it's not a given. A doctor is required to inform a patient of any significant risks associated with a procedure, but they are not required to inform a patient of every possible risk. Failure to inform a patient about a significant risk may result in liability based on the theory that informed consent was not obtained. (In an emergency, this rule does not apply because a doctor does not have time to obtain informed consent.) A patient who files a claim for lack of informed consent must show that a competent doctor would have disclosed the risk or that a reasonable patient would have made a different decision if they had known about the risk.

Even if you are not at fault, if you are the driver of a vehicle involved in an accident, you will be unable to recover damages for pain and suffering unless you have automobile insurance. You may still be able to get money to cover property damage, medical bills, and lost wages.

If you were injured as a result of dangerous property conditions, you should speak with an experienced premises liability lawyer. Having legal representation can assist you in obtaining compensation for medical bills and other expenses. Of course, getting proper medical help comes first. Contact a law firm with extensive experience after you have received all necessary immediate care. The earlier you take action, the better. More evidence will be preserved by the firm's investigators to show what happened and who is to blame.

In general, yes. Even if the victims are partially at fault, California allows injury victims to seek compensation from other at-fault parties. Damages are allocated according to fault under this "comparative negligence" standard. Even if you were 99 percent at fault, you could still seek compensation for the one percent that was the fault of the other party.

If you've been in a pedestrian accident, you should seek medical help as soon as possible. Even if you don't think you've been seriously hurt or aren't in any pain, you should seek medical help. Pedestrian accident injuries can appear hours, days, or even weeks after the incident. After that, you should contact the local law enforcement agency to report the accident. Then try to find out who hit you and get their information. If there were any witnesses to the accident, inquire about them. Then, seek advice from an experienced pedestrian accident lawyer. If you have a skilled pedestrian injury attorney representing you and protecting your rights, your chances of receiving the maximum compensation for your injuries will almost certainly improve.

Yes. Many state and federal laws apply only to commercial truck drivers, particularly those operating vehicles weighing more than 10,000 pounds. Commercial truck accidents are governed by laws enacted by the Federal Motor Carrier Safety Administration (FMCSA), the United States Department of Transportation, and the State of California. Our lawyers are familiar with those laws and know how to apply them to help our clients obtain the compensation they deserve.

Yes. Uber can be sued for both personal injuries and wrongful death in the event of an accident. Whether you were a passenger in an Uber, a pedestrian hit by an Uber, or a driver in another vehicle hit by an Uber, you have this right. Know that whether you file a lawsuit or an insurance claim, the law protects your rights. Negotiating a settlement, on the other hand, can be much more difficult than it appears. Our attorneys explain how to sue for damages and what your legal options are in general.

The person(s) filing a compensation claim must provide sufficient proof of their injuries and losses (also known as damages), as well as proof of the negligent party's liability. Personal injury cases in California are governed by a wide range of laws and rules, which can be found in the California Codes, Rules of Court, and case law (court decisions interpreting established law). Consultation with an experienced personal injury attorney is the simplest way to determine whether the facts of your situation support a valid claim.

A plaintiff must prove four things in order to recover damages for a slip and fall accident in California: The defendant owned, leased, occupied, or controlled the property; the defendant was negligent in the use or maintenance of the property; the plaintiff was injured as a result of slipping or falling on the property; and the defendant's negligence was a significant factor in the plaintiff's injury.

In most cases, it won't matter for your purposes. Whether or not the ride-sharing service driver was at fault, you are protected as a passenger. Regardless of who was at fault, both Lyft and Uber cover losses for people injured while riding. Each business has a $1 million liability insurance policy in place in case of an accident. A personal injury lawyer can assist you in obtaining all of the compensation that you are entitled to.

Although there are many stereotypes about motorcycle riders being reckless drivers, insurance companies are well aware that passenger vehicles are frequently to blame for motorcycle accidents. Motorcycle riders are also far more vulnerable when car and truck drivers make careless or dangerous maneuvers on the road, and these drivers are frequently unaware of motorcycles when changing lanes or turning. Even if you were partially to blame for your accident, California's comparative negligence law may allow you to recover money damages. The amount of money you can recover in damages may be reduced by the court depending on how responsible you were for the accident.

After being injured in a slip and fall accident, seek the medical attention you require to treat and recover from your injuries. Several weeks or months after the accident, the reality of how you will pay for those medical services will set in. This is the point at which hospitals and doctors' offices start calling you for payment or threaten to put your accounts in collections.

The police report, investigation of the accident scene, and eyewitness testimony are all tools used to determine fault in a truck accident. An experienced truck accident lawyer will look into the driver's background as well as the company that employs them. Fault can be assigned based on a variety of factors, including: The manner in which the truck driver was hired and trained The number of hours they worked, as well as the condition of the truck, can all play a role in determining who is to blame.

Medical expenses, lost wages (if you were unable to work), pain and suffering, and scars may all be recoverable. If you work with our firm, we can determine the exact amount of compensation you are entitled to.

A property owner may be held liable for an injury sustained by another person on the premises. This usually refers to someone who has given express or implied permission to be on the property — whether it's a visitor or someone who's there on business. Premises liability is determined by whether the accident was foreseeable, which means that the average person would have expected the accident to occur based on the property's condition. It also depends on whether the property owner made a reasonable effort to keep the property safe and provide adequate notice if a dangerous condition exists.

Assuming you do not require immediate medical attention or that your medical condition is stable, the next step is to contact your auto insurance company. Some insurance companies include a clause in their policies requiring the insured to report a claim within a certain time frame. If you wait too long, your insurance coverage may be revoked. After that, you should think about enlisting the help of an attorney.

The insurance company's interests are not the same as yours. Insurance companies will try to give you legal advice that is in their best interest. To obtain an unbiased legal opinion regarding your case and your rights, you should consult with a personal injury lawyer. Call our office today to schedule a free consultation.

When someone intentionally causes harm, it is known as intentional injury. If your child has been bullied, either emotionally or physically, it was done on purpose. Negligence occurs when a culpable party fails to meet an ordinary, required responsibility or "standard of care."

The amount of compensation awarded is usually proportional to the severity of the pursuer's injury. This means that the more serious your injury is, the more money you can expect to receive in compensation. Soft tissue damage, for example, would not be compensated at the same level as severe brain damage. An experienced personal injury attorney can calculate an estimate based on two factors: the severity of your injury and any mental or emotional consequences.