Imagine this scenario. You hurt your back at work years ago and have sought treatment from doctors and chiropractors. Now, you get into a car accident, and your back is worse than ever. What will this mean for your settlement? Is it going to be less because you had a preexisting condition?
That shouldn’t be the case, especially if the injury occurs in California. Here is a trick that insurance companies or lawyers try to pull along with the regulations that California has put in place to block it.
The “Eggshell Plaintiff” Approach
Eggshells are fragile and break easily. If you have a preexisting condition, the defense may claim you are an eggshell plaintiff. In other words, they argue your preexisting condition could be the real reason you got hurt or that you are just more prone to injury than others. Here’s an example.
Let’s say that you injured your neck skiing a few years ago. Now, you get whiplash in a car accident. The insurance company offers a lowball settlement claiming that you were already injured or that maybe you injure easily and that’s why your neck has been hurt multiple times.
California doesn’t allow this type of reasoning and has demonstrated this in previous rulings. Thus, a personal injury attorney can go to bat for you and remind the insurance company they can’t make claims based on preexisting conditions or the idea that certain people are just more susceptible to injury.
The San Diego Personal Injury Attorneys for You
Petrov Law Firm has the experience to help you maximize settlements or win your case in court if need be. Contact us today at 619.344.0360 to get your case started right away.Read More
Each state determines its own statute of limitations laws regarding personal injury claims. In California, how long do you have to make a claim if you want to receive compensation? Here are a few different answers based on the type of settlement you are trying to secure.
- Suing a government agency – Let’s say you experienced a slip and fall accident, and the negligent party was a government agency. This is when you have to take your case to a lawyer as soon as possible. California only gives you six months to go after a settlement when a government organization is the negligent party.
- Property damage settlements – If you are settling a property damage case, you get three years to make your claim. This is common in car accidents and cases of that nature. However, it is important to remember that this only applies to the property portion of your claim. The injury claim will have to be filed faster.
- Personal injury claims – In California, you get two years to file a personal injury claim. This should allow you to tabulate the medical bills and missed work. However, some injuries incur long-term care or the inability to continue a career. Therefore, the settlement may have to estimate your continued future losses.
Personal Injury Settlements in San Diego
If you have experienced loss in southern California due to someone else’s fault or neglect, now is the time to get your case started. Call Petrov Law Firm today at 619.344.0360 and let us help you to maximize your settlement.Read More
From car accidents to dog bites and slip and fall accidents to medical malpractice, there are many ways in which a person can be injured due to someone else’s fault or negligence. When this happens, you may experience financial and other forms of loss. How does a personal injury suit seek to provide compensation? Here are several ways:
- Medical expenses – The responsible party should have to cover all of the medical bills that result from the injury.
- Damage to property – If the injury also causes damage to your property (a car, motorcycle, bicycle, etc.), the repair or replacement costs should be included in the settlement.
- Lost work – If you miss work due to the injury, you should receive compensation for the days of work that you missed. If you are no longer able to work, the compensation should include the money you would have made during the rest of your career.
- Pain and suffering – This may include emotional damages that come from the injury. Pain and suffering settlements can often be larger than other more tangible expenses because it is difficult to put a price tag on these types of damages.
Personal Injury Attorneys in San Diego
At Petrov Law Firm, we have the experienced attorneys you want in your corner when seeking a personal injury settlement. To get your case started, give us a call at 619.344.0360. Whether you live in San Diego, North County, or Chula Vista, we have local attorneys to provide the assistance you need.Read More
A wrongful death is a terrible tragedy that can cause untold grief to a family. One minute, a member of your family seems like they will be with you for years to come, and the next, they are gone without any good reason. We are so sorry if your family is dealing with this sort of horrific tragedy.
Unfortunately, you are far from alone. Disasters like this occur every day in southern California. Here are just four of the many types of wrongful death cases that we see all too often, right here in our area.
- Motor vehicle accidents – This can include car accidents, trucks, motorcycles, and even pedestrians or cyclists. Additionally, there are off-road vehicles like ATVs that may lead to a wrongful death.
- Defective products – If safety instructions are not included, or there is a defect in the product itself, the manufacturer may be at fault for a death caused by their product.
- Workplace accidents – Workers need to be properly trained and provided the necessary safety equipment for their job. If these minimum standards are not met, the company is at fault for any deaths that occur on the job.
- Medical malpractice – Patients deserve a particular standard of care. If the minimum standard is not met, compensation is necessary.
The Assistance You Need During Times of Tragedy
Money cannot bring your loved one back or fill the void of their sudden loss. However, you should still get what you deserve to help your family weather the loss, especially if you lost a primary breadwinner. The compassionate attorneys at Petrov Law Firm are here to help. Call 619.344.0360 to get your case started now.03Read More
The overwhelming majority of personal injury cases are settled out of court. This is because the insurance company realizes that money is owed. It is just a matter of agreeing on how much. If the insurance company can keep this number as low as possible, they are happy to settle. However, you have to prepare properly if you are going to maximize your settlement.
- Gather evidence of negligence – If you want to receive a settlement, you have to have some evidence that the insurance company’s client is in the wrong. This could take the form of a police report from the scene of a car accident or an accident report filled out at the scene of a slip and fall injury.
- Gather evidence of loss – Keep track of your medical expenses, missed work, and other losses that you experience as a direct or indirect result of the injury.
- Find a personal injury attorney – A personal injury attorney can help you to maximize your settlement by letting you know what types of losses should be included. Also, the insurance company will know that you are not willing to take the bare minimum settlement to walk away, but that you are seeking help to get what you really deserve.
San Diego’s Trusted Personal Injury Lawyers
If you have experienced a personal injury in the San Diego area, contact the attorneys at Petrov Law Firm by calling 619.344.0360. We can help to ensure that you receive the compensation that you are owed for your losses.Read More
You may think of a preexisting condition as something that would hurt your personal injury case. For example, if you get whiplash in a car accident but already have a history of neck problems, won’t that affect your ability to get a settlement? Not if you handle it the right way. Here are a few important tips:
- Don’t keep it a secret – If it looks like you have something to hide, then you turn your asset into a liability. If you have a preexisting condition, make it known, but use the info in the right way.
- Have your doctor compare your records – A preexisting condition means test results, x-rays, and the like. Have your doctor compare the progress you were making with your condition to where you stand now following the injury. This can show that your new medical bills are resulting from the injury and not from the preexisting condition.
- Hire the right attorney – If your attorney is telling you to do something shady like hiding your condition, then you are with the wrong guy. Getting caught is a sure way to lose out on the settlement you deserve.
Trustworthy Personal Injury Attorneys in Southern California
The personal injury lawyers at Petrov Law Firm have the experience you want on your side when dealing with stingy insurance companies to get a personal injury settlement. Give us a call today at 619.344.0360 to schedule a consultation. We look forward to helping you receive the compensation that is owed.Read More
If you have been injured in a car accident, slip and fall, dog attack, or in any other way that involves the fault of someone else, you need the assistance of a personal injury attorney. Having a lawyer on your side can help you to maximize a settlement, especially when an insurance company is involved. However, your attorney is going to need to understand the case well to go to bat for you, so here are a few questions you can expect.
- How did the injury occur? – This is important because if the injury was due to your own fault or negligence, you might not be due any compensation. However, if the fault is with someone else, or even shared, you may be able to receive a settlement.
- Do you have any proof? – Evidence that the injury was the result of someone’s negligence will help ensure that the case settles faster and for a greater amount.
- What losses have you experienced as a result of the injury? – Losses are usually more than just medical bills. Did you experience material loss? Have you missed work or even lost your job? Will you now have a long-term disability? Was there emotional stress added to the physical pain or damage caused?
Personal Injury Attorneys in Southern California
Petrov Law Firm is here to help if you have experienced a personal injury in southern California. Call 619.344.0360 today to get started on your case so you can receive the compensation you deserve.Read More
When you experience an injury and it is someone else’s fault, you want help getting the compensation that you deserve. After all, compensation is usually going to come from an insurance company with an attorney whose one job is to make sure they pay out as little as possible. What are some of the more common personal injury cases in California, and why should you hire an experienced attorney?
- Slip and fall injuries – Getting your case going well before the statute of limitations is up is the first important step when it comes to a slip and fall accident. Now is the time to start gathering evidence so as to negotiate a settlement.
- Dog bites – Insurance companies payout money on a daily basis for dog bites that occur all across the country. If someone else’s dog has attacked you without provocation, you should at least receive compensation for any medical bills that you incur as a result of the attack.
- Car accidents – As more cars get back on the road, you can expect to see the number of accidents and injuries on the rise again. The COVID-19 pandemic didn’t stop people from driving recklessly, distracted, or just too fast. California is a fault state, so if it is the other driver’s fault, their insurance should be paying out.
Personal Injury Attorneys with Experience in San Diego
If you have sustained a personal injury in these or other ways, you need the help of experienced attorneys to maximize your settlement. Petrov Law Firm is here to help residents of San Diego, North County, and Chula Vista. Call 619.344.0360 to get started right away.Read More
Depending on the state that you live in, there can be varying laws that determine the statute of limitations for a personal injury case. For example, here in California, the statute of limitations on personal injury depends on the damages you want to pursue, how they were caused, and by who. Here are a few examples:
- When you experience an injury – You have two years to make a personal injury claim to receive compensation for things like medical bills. So be sure to start your case as soon as possible so that you don’t miss out on the compensation you deserve.
- When your property is damaged – If your claim involves property damage but no injury to yourself, then you get a third year. Remember, though, that you are likely to get better results if you start on your claim sooner rather than later.
- When the at-fault party is a government agency – Now time is really of the essence. You only have six months to bring a claim against a government agency. So be sure to hire a personal injury attorney to get started right away if a government agency is at fault for your losses.
Personal Injury Attorney in Southern California
If you have experienced a personal injury in California, the sooner you get the assistance of an attorney, the better. You can call Petrov Law Firm at 619.344.0360 to get your case started now. Our experienced lawyers are here to help you get the compensation that you deserve.Read More
From car accidents to slip and fall injuries, there are many things that result in a personal injury claim. We are going to look at four types of compensation that you may be entitled to if you have been injured due to the fault or negligence of another person.
- Medical costs – Be sure to track all of your medical expenses. These should be covered by the responsible party.
- Property damage – The classic scenario would be a car accident. In this case, your car is the property that is damaged in the accident, and the repairs should be covered by the at-fault party.
- Lost wages – If you miss work due to the injury or you are no longer able to work, you may receive compensation both for present and future wages that have been lost.
- Pain and suffering – Any additional pain and suffering that you experience as a result of the injury is handled together in this category. It includes things like emotional damages that you have experienced as a result of the accident or injury. In general, the largest part of the settlement covers this category because these are factors that it is difficult to put a price tag on.
Southern California Personal Injury Attorneys
When working on a personal injury settlement, you are usually communicating with a stingy insurance company. Don’t sign anything without the help of a personal injury attorney. Petrov Law Firm in San Diego can help. Give us a call today at 619.344.0360 to learn more.Read More