4 Factors That Influence Your Personal Injury Settlement
If you experience a personal injury – a slip and fall, for example – what factors go into determining your settlement from the individual or company’s insurance company? Here are four of the primary things to consider.
- Medical bills – The more extensive the injuries, the larger the settlement. You need to be compensated for the medical bills you incurred, and that will include bills that occurred due to seeing a doctor who was not in your network.
- Lost wages – Did you have to use vacation or sick days? Did you miss other days of work that were unpaid? You should be compensated, not just for current lost wages but also future lost wages (for example, if you can no longer work due to the extent of your injuries).
- Personal losses – If you experience ongoing hardship due to the extent of your injuries, you should be compensated. This includes both emotional and physical damages.
- Other Intangible losses – Not everything you lose will have a set value. Personal losses are included as intangible losses. However, you may also experience intangible losses, such as loss of trust, safety, fertility, expectations. There are all sorts of things that could be lost due to an injury that doesn’t have a specific dollar value.
Get Help from Experienced Personal Injury Attorneys in Southern California
Sadly, if you try to work with the insurance company alone, they may try to only pay for medical bills or just add in a little extra to get you to go away. To get what you truly deserve, call Petrov Law Firm in San Diego at 619.344.0360. Our experienced attorneys will help you to maximize your settlement.
Read MoreReasons a Personal Injury Attorney May Decline Your Case
Are you struggling to find a personal injury lawyer in southern California who is willing to take your case? There are a number of reasons that an attorney may decline to take on a case. Here are a few factors that will impact personal injury cases in particular.
- The statute of limitations has run out – If the injury occurred more than two years ago, there is likely nothing the attorney can do for you. You may still want to check in case your situation falls under a special circumstance, but if you are being turned away, this could be the reason.
- You don’t have a clear case – There could be a couple of reasons for this. Perhaps it is unclear whether an individual or entity is to blame for your injuries. Additionally, you need to be able to show there are damages. If all that was injured was your pride, there are no losses to recoup.
- There’s no way to receive compensation – Usually, an insurance company covers damages. If the person at fault has no insurance and no assets, there is nothing you can get as compensation, even if you have a legitimate case and a right to damages. The defendant (or their insurance company) has to have something to give.
Southern California’s Personal Injury Attorneys
Petrov Law Firm would be happy to review your case to see if you are able to receive compensation. Call 619.344.0360 to let us help you maximize your settlement!
Read MoreKeep These Points in Mind if You Have Experienced a Personal Injury
When an individual, business, or public entity causes harm to someone through negligence, compensation is due. This compensation can cover medical bills and other losses, both tangible and intangible. What are some things that you should know if you have been injured in this way?
- If you have experienced any damages at all, you should start a case – Don’t let anyone tell you that your injuries are not extensive enough. Even if your injuries are minor, you could have medical bills. Plus, if you missed any work, you need to be compensated for that. You may even be dealing with emotional trauma due to the accident, such as PTSD.
- Don’t rely on the insurance company to compensate you fairly – The insurance adjuster will be very friendly with you, but they are always on the side of their client. Their job is to pay you as little as possible.
- Don’t sign anything until you consult an attorney – Signing an agreement or accepting compensation may stop you from being able to receive any further compensation in the future, so you want your attorney to go over anything before you sign it.
San Diego’s Experienced Personal Injury Attorneys
Petrov Law Firm has experienced attorneys you can trust if you have suffered an injury in southern California. Whether your injury is from a car accident, dog bite, or slip and fall, we can help you to obtain the compensation you are due. Contact us today by calling 619.344.0360 and let us help you maximize your settlement.
Read MoreEssential Reasons to Hire a Personal Injury Attorney
If you have experienced an injury due to the negligence of an individual, business, or public entity, you need the support of a personal injury attorney. Here are some essential reasons to hire an attorney rather than trying to negotiate a settlement yourself.
- Your attorney can help you to understand your legal rights – Some things deserve compensation, and others do not. Your attorney can help you to know whether you have a legitimate case.
- A personal injury attorney can review the case with you – This will help you to understand what types of compensation you qualify for and what you will need in order to provide someone else was at fault.
- You don’t want to deal with the insurance company yourself – Personal injury settlements are usually paid out by an insurance company. No matter how friendly the insurance agent sounds, their job is to pay out as little as possible. Your lawyer will help you get what you really deserve.
- Your lawyer will help you review the settlement offer – This will allow you to determine if it is a reasonable offer that you should accept or whether you may want to pursue things in court. Additionally, the settlement may be able to be negotiated out of court.
The Right Personal Injury Attorney in San Diego
Petrov Law Firm has the experienced personal injury lawyers you want in your corner when going up against an insurance company. Contact us today at 619.344.0360 to get your case started, and let us help you to maximize your settlement.
Read MoreThree Reasons You May Need a Personal Injury Attorney
When you are injured due to the negligence of an individual, corporation, or public entity, you are likely to be dealing with an insurance company to receive a settlement to recoup your losses. Unfortunately, as much as you would hope for the insurance company to treat you fairly, they are more likely to side with their client and try to protect their own money. That’s why you may need a personal injury attorney if you have been injured in any of the following ways.
- Car accidents – This is the most common cause of personal injury cases. Remember that California is a tort state, so if the other driver was at fault, their insurance should be paying. Even if the fault is split, they should be providing a settlement for half of your losses.
- Trip and fall injuries – If the trip or slip was due to negligence on the part of an owner or employee, you should be compensated for the damages.
- Dog attacks – Unless you were trespassing on private property, the owner is always at fault for dog attacks in California. Usually, homeowners’ or renters’ insurance covers liability in this case.
These aren’t the only ways you can end up needing to file a personal injury suit, but they are certainly some of the most common reasons.
San Diego Personal Injury Lawyers
If the accident, injury, or attack took place in southern California, contact Petrov Law Firm today. Just call 619.344.0360 to speak with an experienced personal injury attorney at our San Diego office today!
Read MoreCould You Have Post-Concussion Syndrome After an Accident?
Whether you are in a car accident or you slip and fall, a head injury can cause post-concussion syndrome (PCS). The insidious thing about PCS is that you may not feel that bad after the accident. In fact, you may not even get diagnosed with a concussion if you don’t seek medical attention right away. How can you identify post-concussion syndrome in the days or even weeks following an injury? Here are some of the most common symptoms.
- Headaches – usually tension headaches that could also be related to a neck injury
- Vertigo or dizziness
- Anxiety
- Trouble sleeping
- Memory or concentration problems
- Tinnitus – ringing in your ears
- Sensory sensitivities – especially to bright lights or loud sounds
- Irritability
- Blurry vision
The good news is that the statute of limitations for most personal injury cases in California is two years. So even if you discover long-term effects from your accident in the months that follow, you still have time to begin your case and receive compensation.
Of course, you will need to be examined by a doctor to determine if your injuries and symptoms are related to the accident. You can’t just diagnose yourself from a symptoms list. Be sure to track things like medical expenses and missed days of work.
Get the Help You Need for a Personal Injury Case in Southern California
The personal injury attorneys at Petrov Law Firm are here to help if you have been injured in an accident in the state of California. Contact our San Diego offices today by calling 619.344.0360, and we will help you to receive the compensation you deserve.
Read MoreCompensation When an Accident Makes an Existing Injury Worse
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 MorePersonal Injury Claim Statute of Limitations in California
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 MoreCompensation Available After a Personal Injury
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 MoreFour Types of Wrongful Death Lawsuits
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.03
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