The state of California is pure comparative negligence state. What does that mean, and how may it affect your personal injury settlement?
What Is Pure Comparative Negligence?
Pure comparative negligence refers to the assigning of a percentage of fault to each party in a case of injury such as a car accident. This means that the at-fault party will not be responsible for 100% of your expenses and losses (unless they are deemed to be 100% responsible for the accident, which is possible).
Let’s consider an example. Imagine you are struck in an intersection by a driver who runs a red light. It seems pretty cut and dry who is at fault. But what if you were speeding? The courts may determine that the other driver is only 75% responsible because if you were driving slower, you might not have been in the intersection when the infraction occurred. This could result in a lower settlement because the other driver is only on the hook for 75% of your medical bills, lost wages, pain and suffering, vehicle damages, and the like.
Helping You Navigate Your Personal Injury Case in Southern California
The personal injury attorneys at Petrov Law Firm can help you to maximize your settlement, especially if you have a basis for claiming the accident or injury was 100% the fault of the other party. Let us help you negotiate the best possible settlement by calling 619-344-0360 today.Read More
If you have been injured in the state of California, you may be due certain forms of compensation. For example, you may be able to recover medical bills that incurred due to the injury. You may even be able to get compensation for lost wages, pain and suffering, and to cover other damages.
But you have to act promptly. Why? California has statute of limitations laws that protect the offending party if you allow too much time to pass between the injury and the claim. Here are a few things you need to know.
Statute of Limitations by Claim Type
The type of claim dictates how quickly you have to build your case. Here are three examples:
- When a government agency is involved – If you have a claim against a government agency (you have a slip and fall accident in a government building, for example), you only have 6 months to make your claim.
- Personal injury – If you were in a car accident or suffered a personal injury in another way, you get two full years to make a claim. However, you still need to start building your case right from day one by seeking medical attention and then finding a lawyer to represent you.
- Property damage – Property damage claims have a three-year statute of limitations.
Filing Your Personal Injury Claim in Southern California
If you have suffered a personal injury in the state of California, now is the time to act. Petrov Law Firm has personal injury attorneys that service Southern California from our San Diego and Chula Vista locations. To learn more, call us today at 619-344-0360.Read More
One of the things a person should be compensated for when a personal injury occurs is medical expenses that were incurred due to the injury. But what if your medical bills total $100,000 and yet you only pay $10,000 out of pocket due to medical insurance?
This is a tough question because while it may seem the defendant is being rewarded for you having medical insurance, they are only going to be on the hook for what you have to pay out of pocket. But what if you don’t bill your medical insurance or you see a doctor who is out of network to get your injuries cared for?
A recent case shows that you can get your medical bills covered as part of the settlement, even if you decline to use your insurance. So don’t feel obligated to get your injuries cared for in the cheapest way possible if someone else is at fault. At the same time, don’t hold off on using your insurance assuming that you will be compensated. If the court rules against you in such a case (even though there is now a precedent), you could be on the hook for all of those medical bills.
Help When You Have Been Injured in an Accident in California
If you have been injured in an accident of any sort, you need the help of an experienced attorney who can help you to maximize your settlement and receive compensation for your expenses and losses. The personal injury attorneys at Petrov Law Firm proudly serve the residents of San Diego and the surrounding neighborhoods. To contact an attorney today, call 619-344-0360.Read More
While California doesn’t have the toughest laws on distracted driving, there are a number of regulations in relation to cell phone use that you should be aware of if you are a driver. Here are some of the main things you need to know in order to drive safely and avoid a violation.
- If you’re under 18, you shouldn’t be touching or using your cell phone while driving. Even hands-free calls are off-limits for teens with limited driving experience.
- If you’re 18 or older, you still can’t text, but you can make hands-free phone calls.
- If you’re 18 or older, you can actually pick up your phone for a couple of seconds while driving, but only for the sake of dialing a number. Then you have to take the call on a headset or speakerphone.
- Cell phone laws only apply on public roads. If you are in your own driveway, on a private road, or driving through a field somewhere, you can use your phone as much as you want.
- If an emergency arises, you can call the emergency services, police, fire, etc. without having to make a handsfree call.
- Authorized drivers of emergency service vehicles don’t have the same cell phone restrictions as other drivers. Everyone should be giving these vehicles the right of way anyway, so the distraction should add minimal danger.
If You Have Been Injured in an Auto Accident in California
If you have suffered an injury while driving and need a personal injury attorney in Southern California, Petrov Law Firm is here to help. Just call 619-344-0360 today to get our experienced attorneys to help with your settlement.Read More
There is nothing more tragic than losing a loved one prematurely due to someone else’s negligence. We’re going to list 6 broad categories of circumstances that constitute wrongful death. If your family has faced one of these situations, you need to find a compassionate lawyer to help you through this difficult time.
- Medical malpractice – Doctors and their staff need to perform the right medical procedures and provide the proper doses of medication to avoid culpability in a patient’s death.
- Auto accidents – Whether the other driver was under the influence of something, driving recklessly, or just plain negligent in driving practices or in maintaining the vehicle, it may qualify as wrongful
- Transportation accidents – Cars are not the only place where a wrongful death can occur. The same holds true when a person travels via plane, train, or bus.
- Product defects – Whether there is something wrong with the product itself or the instructions on how to use it safely, this may qualify as wrongful
- Failure to properly train employees – If an employee is killed on the job because he or she received insufficient safety training regarding a foreseeable danger, the incident may have been preventable.
- Unsafe roadways – Road hazards happen, but what if the hazard is fixable and has been in place for weeks or even months with no warning to drivers. This may qualify as a wrongful death case as well.
Legal Assistance When You Need It Most
If your family is dealing with a tragedy due to one of the circumstances noted above, contact Petrov Law Firm. We provide the compassionate legal assistance that families in Southern California need when calamity strikes. Call 619-344-0360 to speak to someone about your circumstances today.Read More
Driving while drowsy is a common issue in the United States, especially when it comes to truckers. If you have ever fallen asleep at the wheel or felt like you may do so, here are some statistics that should convince you to take a nap before getting on the road.
Did you know that more than 1 million accidents that occur on US roads each year are directly related to falling asleep at the wheel? Then you have to add to that figure the number of accidents that are related to being drowsy which causes a person no longer to be alert. This can decrease response times in emergency driving situations and lead to an accident occurring when a person would normally have been able to stop, swerve, or perform other evasive maneuvers.
According to the CDC driving drowsy can result in the following three issues for drivers:
- Decreases the ability to make good decisions (i.e., “Should I pull out in front of that car?”)
- Decreases reaction times
- Inhibits ability to pay attention (as if drivers didn’t already have enough distractions)
Hopefully, this is enough to convince you to pull over and take a nap, but what about other drivers on the road?
If You Have Been Injured by a Drowsy Driver in California
If you have been injured in a car accident due to a driver being drowsy or even falling asleep at the wheel, contact Petrov Law Firm right away at 619-344-0360. Our personal injury lawyers specialize in car and truck accidents, and we can help you to receive the compensation you deserve.Read More
Getting some exercise and walking around sunny Southern California is a great way to stay healthy, run errands, and even get to work in the morning. However, there are dangers associated with going for a walk around your neighborhood or in San Diego. Whether it is dangers from unsafe or distracted drivers or just from potential hazards on the sidewalk, here are 10 ways to protect yourself.
- Wear bright colors so that you are easily visible to drivers.
- If you walk at night, be sure to wear something reflective, even if it just on your shoes.
- Look both ways before crossing an intersection, even though you have the crossing light.
- Don’t assume a driver sees you. Always try to make eye contact.
- Don’t walk with headphones in. Your ears can help keep you safe as much as your eyes can.
- Always cross at designated areas and stay in the crosswalk.
- Cross with a group if you can. This will increase visibility to drivers.
- Walk on the sidewalk if there is one. If not, always walk against traffic so you can see what is coming toward you.
- Avoid using mobile devices while walking. Such a distraction could cause you to step in front of a car or trip on a hazard on the sidewalk.
- Don’t drink and walk. If you had one too many, call a cab.
Personal Injury Lawyers for Southern California Pedestrians
If you have been injured in an accident as a pedestrian, contact the personal injury attorneys at Petrov Law Firm. We can help you to recover medical expenses, lost wages, and other compensation that you are due for your losses. Call us today at 619-344-0360 to get started.Read More
If you are filing a personal injury claim, you want to be straightforward about any preexisting conditions you may have, especially with your lawyer. Why do clients sometimes withhold information about preexisting issues? What effect can this have on a claim? Read on to learn about this important factor in a personal injury suit.
Why People Feel the Need to Hide a Preexisting Condition
You may think that if you reveal a preexisting condition, it will affect the amount of your settlement. For example, if you get migraines but they become far worse after your car accident, you may neglect to mention you already would get migraines before. Why? Well, you may be concerned that opposing counsel will try to limit your medical compensation because the migraines were a preexisting condition and the fact that they got worse may have had nothing to do with the accident.
Why You Should Disclose Any Preexisting Conditions or Injuries
While the above scenario could be true, imagine how bad it will look when the condition comes out (and it will) during the course of a trial or negotiations. Now it goes from something that could have a minor effect on the settlement to something that calls into question your credibility as a whole. That can have a major effect on your case.
Personal Injury Attorneys to Help You in Southern California
Petrov Law Firm is here to help you with your settlement, so please don’t hide any preexisting conditions from our personal injury attorney. While you may be concerned it will hurt your case, comparing your medical condition before and after the injury may help make your case even more clear and help you to get a better settlement. To get started on your case, call us today at 619-344-0360.Read More
If someone under the age of 18 in the state of California is involved in a personal injury settlement, there are additional regulations that do not apply in all personal injury cases. What do you need to know about and how many this affect your settlement?
In California, court supervision is required for cases involving minors. These regulations have been put in place by the state in order to ensure that children get a fair settlement. The funds will not be accessible to the child until he or she turns 18. In most cases, the funds will either be used to purchase an annuity or they will be put into a blocked account.
If an annuity is the chose form of settlement payment, funds with either be received annually starting from when the child turns 18 or they may be dispensed in lump sums at certain time periods (for example, one payment every three years or at particular birthdays until of the money is divested).
There are certain rare exceptions where the settlement is determined to be a sum of less than $5,000 where the money becomes immediately available for the minor. In even more exceptional situations, the court may allow parents to make funds available to minors before they turn 18. However, the circumstances surrounding such a situation need to be quite extraordinary.
Help in Attaining Fair Personal Injury Settlements
The courts often only provide assistance for minors seeking a settlement. Thus, it may become necessary to hire a personal injury attorney to determine if an insurance provider is offering a reasonable settlement. Petrov Law Firm will be happy to help you determine what a fair settlement should be. Contact us today at 619-344-0360.Read More
California was ranked among the top 6 states for traffic safety laws according to a recent study performed by the Advocates for Highway and Auto Safety. What laws are in place that protect California residents? Are there any laws that could be added to increase safety further? How many fatalities occur on California roads despite these laws? Read on to learn the answers.
California State Laws that Protect Drivers
California lawmakers have adopted numerous laws to show that safety is important in the state. For example, seat belts are required for all drivers and passengers, including those in the back seat of the vehicle. Motorcycle riders are required to wear helmets. Infants and toddlers must be in a rear-facing seat at least through age 2, and there is a booster seat law in place. Other important laws include a ban on open alcoholic containers in the vehicle as well as a ban on texting and driving.
Other Laws Suggested in the Report
Of course, there are still states that have stricter laws when it comes to certain habits, and the report listed some that could be of benefit in California. For example, while texting and driving is banned, many states have a law against all hand-held devices. This would further reduce distractions for drivers. California also does not yet require ignition locks for all offenders of impaired driving laws.
If You Have Been Injured on California Roads
While no system of driving laws is perfect, one of the most highly trafficked states has been able to keep the 10-year fatality statistic at 31,750. Of course, many more are injured in accidents. It is estimated that accidents cost the state nearly $20 billion per year. If you have been injured in an automotive accident, seek the compensation you are owed by calling 619-344-0360. The personal injury lawyers at Petrov Law Firm will be happy to assist you.Read More