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Copyright © 2023. Bojat Law. All Rights Reserved. Web design & development www.kha-concepts.com
PRACTICE AREA
Copyright © 2023. Bojat Law. All Rights Reserved. Web design & development www.kha-concepts.com
01 How Do I File My Claim?
If you or your loved one have been involved in a car accident, it is important to know what steps to take in order to get reimbursed for your property damage and bodily injuries. California is a leading state in the number of registered drivers in the entire country with over 24.5 million reported registered drivers in 2013. So if you are one of these drivers, chances are great that you or your loved one will be involved in some form of a motor vehicle accident.
If involved in a motor vehicle accident in Woodland Hills or California follow these steps:
02 Do I Have to File a Lawsuit?
Very few personal injury cases end up going to trial. In fact, only 4% to 5% of all personal injury cases in US end up going to trial. This means that 95% to 96% of all personal injury cases are settled before trial. So if your question is “Do I have to file a lawsuit if I was involved in an accident?” the simple answer is – most likely not. When you are involved in an accident in California, you have 2 years to file a personal injury claim pursuant to California’s Statute of Limitations, or you will lose any claim to compensation. Meaning, if you do not settle your case with the insurance company within the 2 years from the time of the accident and at the same time you do not file a lawsuit, your rights to compensation will be forfeited. However, the reason why vast majority of cases in the United States do not go to trial is because they get settled within the two years from the day of the accident.
03 How Much Is My Case Worth?
Every single personal injury case is unique and special. Thus, in order to determine the true value of a particular case it is extremely important to know the exact facts of that particular case. The facts to consider are determining who was at fault for the accident. After conducting a complete investigation of the accident, it will be determined which party caused the accident and also which damages were caused by that party.
Statistically, most car accident settlements are kept confidential, so the exact number of an average settlement was not reported. However, some studies showed that an average settlement stemming from a car accident in the United States is $24,000.Settlements differ for other personal injury cases, such as slip and fall cases and medial malpractice cases.
For example, statistics show that an average settlement for a slip and fall case is $2,000, while an average settlement for a medical malpractice case is about $300,000.The formula that many personal injury attorneys use in order to obtain the highest amount of compensation for their clients is multiplying the special damages (e.g. loss of earnings, property damage and medical expenses) by four when preparing a personal injury claim. Meaning, if a person involved in a car accident suffers $1,000 in medical expenses and has to take 3 days off work, which causes the person to lose $300, the Woodland Hills Accident Lawyer would add $1,000 + $300 = $1,300 x 3 = $3,900 and thus use $3,900 as the starting number for negotiating your claim with the insurance company.
The fact that there are sick days offered by the employer of the injured person which compensated the injured party is irrelevant and it will not offset the amount the injured party is entitled to. Thus, in the previous example, if the injured party gets compensated by her employer for taking time off from work by getting the $300 from the employer, the insurance company is legally obligated to compensate the injured party for those same days and give the $300 to the injured party.
04 What Is Negligence?
Most personal injury cases such as car accidents, truck accidents, motorcycle accidents, bicycle accidents, slip and fall accidents, pedestrian accidents, boat accidents, bus accidents give rise to a legal theory called negligence, which personal injury attorneys use to prove fault and win a case.
Negligence occurs when a person acts or fails to act in a way that a reasonable person would under the circumstances, which results in harm to another. Negligence has four elements, and they are: duty, breach, causation and damages. In order to prove negligence, all four of these elements must be established. Thus in order to obtain compensation for their clients, personal injury attorneys must prove all of these elements.
05 How Long Will My Case Take?
Being involved in a motor vehicle accident or suffering any other kind of personal injury is difficult enough by itself. These accidents can lead to serious bodily injuries that can limit our lives physically and mentally for a long time or even permanently. Not to also mention the financial hardship personal injury matters can produce. The last thing the injured party wants to do is wait a few years to get compensated for the injuries which resulted from an accident that they did not cause. So many clients ask, How Long Will My Case Take? The simple answer is – it depends. Usually, it depends on three major things: (1) Liability (2) Policy Limits, and (3) Your Injuries.
06 What Is the Contingency Fee of a Personal Injury Lawyer?
While there are still some personal injury attorneys who charge by the hour, a vast majority of them work on contingency fee basis, meaning they receive compensation for their work by obtaining a percentage of the settlement of a verdict from the case. This also means that if the settlement or a verdict is nothing, the personal injury attorneys receive nothing.
Most personal injury attorneys charge at least 1/3 for their services, which means that if a case settles for $3,000, the attorney will receive $1,000 for his services This percentage is sometimes negotiable, but most of the time it is spelled out in the attorney-client retainer agreement, which usually states whether the contingency fee is calculated before or after the expenses. Meaning, many retainer agreements state that the attorney is entitled to 1/3 of the settlement or verdict plus any attorney’s fees that were accrued in the process, which is obviously more than 1/3.
Some retainer agreements, especially at big law firms have a caveat that provides for a higher percentage the attorney will receive if the case does not settle in the first 45 days, or if the case goes to trial. These conditions provide for 40% and sometimes 45% the attorney receive if the case does not settle in the first 45 days or if the case goes to trial in addition to the attorney’s fees. This could amount to attorney taking about 50% of the entire settlement or verdict, while the client is left to share 50% with medical providers. This is why it is very important to closely read your Retainer Agreement before signing it.
07 Do I Have to Pay Taxes on My Personal Injury Settlement?
Many people wonder if they have to pay taxes on their personal injury damage recovery. The simple answer is – it depends. Below we provided you with the list of the personal injury settlements which are taxable and those which are not taxable.
In short, personal injury damages which result form physical personal injury or physical sickness that compensate for general (pain and suffering) and special damages (medical bills, loss of wages, emotional distress, loss of consortium) are not taxable. On the other hand, general and special damages that result from something other than physical injury or physical sickness (such as a breach of contract) are usually taxable.
08 What Happens If the Other Driver Is Not Insured?
Under California law, every person who has a registered vehicle must also have that vehicle insured or otherwise face penalties. There is a minimum requirement in California to carry a liability insurance, which would compensate the party other than the policy holder for the personal and property damage caused by the accident. This minimum requirement is usually referred to as the “15/30 policy,” which means that a private passenger vehicles in California must have at least a policy that would compensate $15,000 for an injury or death to one person, $30,000 for an injury or death to more than one person, and also at least $5,000 for damage to property. For example, if you are involved in an accident with someone who only has a minimal “15/30 policy” and that person causes the accident, you may only ask for up to $15,000 from the insurance company if you were the only person injured in your vehicle, and up to $30,000 if there was at least another passenger in the car with you that was also injured. In addition, you may claim up to $5,000 for damages to your vehicle. This limitation stays regardless of how severe your injuries are. Meaning, you may only ask for $15,000 or $30,000 for your injuries and $5,000 for the property damage.
Despite this requirement, however, Insurance Information Institute conducted a study which showed that there are approximately 14.7% of uninsured motorists in California. This creates a problem for all of us, because if you are involved in a car accident with a motorist who is not insured, you obviously cannot be compensated by his/her insurance company. So the question is raised again, What Happens if the Other Driver is Not Insured?
There are a few options that you can choose from if you were involved in a car accident with an uninsured motorist. They are the following:
09 Should I Talk to My Insurance Company After an Accident?
If you or your loved one have been involved in a motor vehicle accident it is important to know your rights regarding communication with your own insurance company or the other party’s insurance company. As stated above, you may choose to file a claim with your insurance company right after the accident by contacting the number on your insurance policy card and providing them with information such as your name, policy number, duration of your coverage, time and date of the accident, names of all people involved in an accident, driver’s license number and your license plate number. We however, recommend that you first contact your Woodland Hills Accident Lawyer and have us handle the case for you from the beginning, including opening up your claim. However, you opening up a claim by yourself is usually harmless, so long as you do not give any statements regarding the circumstances of the accident.
In California, you are legally required to give a statement about the accident to your insurance company, but you should not do so without first consulting with your attorney. California law allows for your attorney to be on a three-way-call with you and your insurance company while you are giving a statement to make sure your interests are fully protected.
In addition, never give a statement to the other party’s insurance company as you are not required to do so under California law. Giving a statement to the other insurance company will most certainly be used against you, because they are your opponent and their interests are adverse to your interests.
Insurance companies represent their own interests, while your attorney represents you interests. Do not think that because it is your insurance company that they will do what is best for you. Insurance companies are obligated to protect the interests of their shareholders and they will do that by paying the least amount of money that they can get away with. Giving a statement to your insurance company without an attorney can be misquoted and taken out of context thereby placing you at fault for something you did not do, or at the very least limiting the amount of compensation you are entitled to.
In short, if you were involved in a car accident you may open up a claim with your insurance company, but do not give a statement regarding the facts of the accident, without first consulting with your Woodland Hills Accident Lawyer. We recommend that you do not even open up a claim yourself, but to instead leave that to your Woodland Hills Accident Attorney. In addition, do not under any circumstances give a statement to the other party’s insurance company as you are not legally obligated to do so.
10 What Should I Do After Getting Into a Car Accident?
Getting into a car accident can be a very frightening experience. Car accidents can produce severe injuries and at times cause death. This is why it is extremely important to know what steps to take after being involved in a car accident. Taking these steps will help you preserve your rights and get the most amount of compensation for your personal and property injuries. The list is the following:
11 How Will I Pay My Medical Bills?
When involved in a motor vehicle accident, there are many unpleasant things to deal with aside from the shock caused by the accident itself. If injured in a motor vehicle accident, it is crucial to get proper medical care. But you may ask, who will pay for all of my medical treatment? The answer to that question is threefold, medical treatment can be paid for by you directly (out of pocket), your health insurance, or by the proceeds of your settlement if you were treated on lien basis.
12 Can I Still Pursue Compensation Even If I Was Partially at Fault?
Short answer is Yes. California is a comparative negligence state which means that you as a plaintiff can sue to other party, the defendant, for percentage of damages it caused you. In other words, if the other party was 80% at fault for the accident and you were 20% at fault, in California, you will be able to recover 80% of damages from the other party’s insurance company or the other party directly. By the same token you will be responsible for the 20% of the damages.
In addition to being a comparative negligence state, California is a pure negligence state, which allows a plaintiff to recover for the amount of damages caused by the defendant even if the percentage of those damages is 50% or less. This was decided in 1975 in a case called Li v. Yellow Cab Co (532 P.2d 1226). In other words, if you were involved in a car accident and placed 80% at fault for the damages and the other party is placed 20% at fault, you will be able to recover 20% of damages caused by the other party. By the same token, the other party will be able to recover contribution for 80% of the damages you have caused, from you directly or your insurance company.
Keep in mind however, insurance companies in California are allowed to increase your premiums if you were involved in an accident and placed at fault for over 50% for the damages caused. However, they are not allowed to increase your premiums if you were placed at fault for 50% of the damages or less.
13 Who Will Cover My Lost Wages?
Lost wages are damages that fall under special damages in tort. Other special damages also include medical expenses, loss of consortium, property damages and others. Many times when involved in a personal injury matter, such as a car accident , truck accident , or even a motorcycle accident , people suffer injuries that prevent them from going to work and also from performing certain tasks in the future as a result of the injuries suffered. Lost wages thus do not only include wages or money lost as a result of you being injured, but also wages or money lost at any time in the future that was directly caused by the accident. For example, if you were involved in a motor vehicle accident that caused you severe injuries which required hospitalization for a month, you will be entitled for the money you would have earned at your job during that month, if you were not injured. In addition, if after you come out of the hospital you are unable to perform your work at the same pace or sufficiency as before you were injured, you will be able to recover compensation for any monetary loss suffered by such limitation.
It is also important to keep in mind if you use your PTO hours, sick pay or vacation pay to recover from the injuries you suffered, you will be compensated for the use of those hours, and thus PTO hours, sick pay or vacation pay are considered the same as lost wages.
Now in order to determine who will be responsible for your lost wages, it must first be determined who was at fault for your injuries. As California is a pure-comparative negligence state, you as the plaintiff will be able to recover a percentage of damages (including lost wages) caused by the other party, from the other party directly or from the other party’s insurance. So if the other party is 80% at fault and you are 20% at fault, you will be able to recover 80% of lost wages from the other party. At the same time, the other party will be able to recover 20% from you or your insurance for the lost wages. Obviously, if the other party is 100% at fault for the accident, you will be able to recover 100% of lost wages from the other party directly or the other party’s insurance.
However, if the other party is not insured, then you will be able to recover for lost wages from your own insurance company if you have Uninsured Motorist coverage. At the same time, if the other party’s insurance coverage is not enough to cover for your damages, then you will be able to use your own insurance company to pay, but only if you have Underinsured Motorist coverage.