If a cyclist is struck by a motor vehicle and injured, is it possible to receive compensation? The short answer is yes. In California, however, compensation is based on fault. Therefore, you will want to know the tips in this article for maximizing your settlement from the insurance company.
- Get a copy of the accident report – This is especially important if the report reveals that the driver was distracted or was breaking a traffic law when the accident occurred.
- Never admit guilt – Don’t apologize to anyone or admit to having done anything wrong. Hire a personal injury attorney and let your attorney handle all of the communication with the insurance company or anyone else who wants to discuss the accident.
- Gather your medical bills – You need to prove you experienced losses. Medical bills are the most obvious and tangible loss. Don’t forget to track missed workdays or sick days you had to use as a result of the injuries.
- You will want an attorney – Don’t let anyone convince you it is too expensive. The real expense is in accepting whatever the insurance company gives you instead of what you should really receive. Plus, an attorney can help ensure you receive partial compensation even if the accident was partly your fault.
Cycling Injury Attorneys in Southern California
If you have been injured in a bicycle accident in the San Diego area, contact Petrov Law Firm. Our experienced attorneys can help you to deal with the insurance company so that you get what you really deserve. Call 619.344.0360 today to learn more.
Whether a person can no longer work due to injuries or the situation is that of a wrongful death case, one of the primary considerations in determining damages would be the potential future earnings lost. However, proving lost wages requires the right documentation. Here are some things you should know.
Documents that Prove Lost Earnings
The right documents can make determining an amount of lost wages a much easier process. For example, some paperwork that could prove a person’s earnings include:
- Income Taxes
- Pay Stubs
- Direct Deposit Transactions
- Business Receipts
These documents help to put an exact figure on what a person earned in the past and could expect to earn in the future.
Factors that May Affect Loss of Earnings Settlements
The biggest no-no, in this case, would be getting paid off the books. If someone took payments in cash and never reported them or paid taxes on them, a judge may eliminate the value of lost earnings as part of the case. Other issues may arise if a person was self-employed. He may have made $100,000 a year in revenue, but if $30,000 in business expenses meant he only paid taxes on $70,000 a year, that smaller figure would be used to determine earnings.
Setting the Right Figure in Loss of Wages Settlements
Whether you are facing a personal injury case of a wrongful death case that is costing your family future income, the compassionate lawyers at Petrov Law Firm can help you to provide the right documentation to establish wages and maximize the amount you are entitled to. Money can’t replace your loss, but it can help ensure that financial issues don’t compound your grief. Call 619-344-0360 to discuss your situation with one of our experienced attorneys.Read More
The fact is that the great majority of personal injury cases result in settlements, and that’s not a bad thing. However, there are times to settle and times to go to court. Plus, there are times when rejecting an initial settlement may lead to a better offer without the need for a court battle. Here are a few things you should know about settling personal injury cases out of court.
Situations Where You Shouldn’t Accept a Settlement
Here are a few times to avoid accepting a settlement or a when settlement may not be possible:
- The insurance company or lawyer won’t give you time to consult with your own attorney.
- The settlement amount seems too low.
- The statute of limitations requires a suit.
Getting the Settlement You Deserve
By acting within the appropriate amount of time and consulting with a personal injury attorney, you can help to ensure that you receive an adequate settlement. In the meantime, it is important to avoid signing anything or accepting compensation that would disqualify you from seeking further damages. You also need to contact the right attorney to receive compassionate assistance backed up by experience and expertise in personal injury cases.
The personal injury attorneys at Petrov Law Firm have the knowledge and experience to help you recognise a fair settlement offer. While it is always up to you to determine if you will accept an offer or not, our lawyers can help you to make an educated decision. To learn more and to schedule a consultation, call us today at 619-344-0360.Read More
When a defective product comes off the line, goes through the chain of distribution, reaches a consumer, and causes an injury, the manufacturer is at fault. In fact, if it can be shown that the manufacturer knew that some products were defective, negligence may result in a number of lawsuits. Here are 3 steps you should take if you have been injured by a defective product.
#1 Seek Medical Attention Immediately
Your health is of primary concern, so the first and foremost item of business should be getting the proper medical attention. Make sure you keep copies of all of your medical records related to the injury, including bills and any pictures or x-rays taken of the injury.
#2 Keep the Defective Product
Unless it is dangerous for you to store the item that caused your injury, hanging onto the item can allow you to show how the product caused your injuries. At the very least, you should try to take a number of photographs that show the defect in the product and how the injury occurred.
#3 Contact a Personal Injury Attorney
Don’t sign anything before speaking to an attorney, even if the manufacturer has offered you a settlement. In most cases, if you accept any kind of compensation, including a refund for the item or a replacement item, you may affect your ability to collect further compensation.
The personal injury attorneys at Petrov Law Firm can help ensure that you receive the compensation you are due in the case of injury caused by a product defect. Contact us today at 619-344-0360 to learn more.Read More
If you have suffered a personal injury and are looking to file for damages, you may recognize that this sort of thing often never reaches the courtroom. Why is that the case? There are actually a number of factors in play that relate to both sides of the suit.
Factors in Reaching a Settlement
First of all, reaching a settlement allows the defendant to avoid the situation becoming a public spectacle. Legal fees are also minimized. It is basically a way of performing damage control. It keeps a jury from awarding massive punitive damages or large pain and suffering penalties. This is especially true in cases where a jury could easily be swayed by sentiment.
However, a settlement if often good news for the plaintiff as well. First, the money is guaranteed. If the case goes to trial and the defendant wins, the plaintiff gets nothing. In a settlement, the plaintiff knows exactly what the payout will be. It also allows the plaintiff to get the money quickly as opposed a court case that may drag on for weeks or months.
As a result, it usually mutually beneficial for a settlement to be reached.
Why Seek Legal Help for Personal Injury Cases
An experienced personal injury lawyer is in the best position to get you a higher settlement amount. Plus, an experienced personal injury attorney will also know when a case should go to trial. As a result, you should never accept a settlement without discussing your legal options with an attorney. The personal injury lawyers at the Petrov Law Firm will be happy to help you weigh the pros and cons of a settlement in your case. We have the experience to help you maximize the settlement you receive.
Whether you experience a car accident, a slip and fall, or any other kind of accidental injury, seeing a medical professional is important. Then, once you have been to the doctor, you need to follow instructions supplied by your healthcare professional closely. Here are the reasons why.
Why See the Doctor?
You may feel okay immediately following the accident thanks to the rush of adrenaline. In fact, you may feel okay for a few days afterward. However, several health concerns can arise in the days, weeks, and even months following an accident. For example:
• Concussion – You don’t have to be knocked unconscious or even hit your head to experience a concussion. In the months following an accident, post-concussion syndrome can set in resulting in everything from vertigo to periods of depression.
• Whiplash – When the neck suffers tissue damage, the effects may not be felt until the inflammation begins to go down. By then it may be difficult to get a proper diagnosis. It’s better to see a doctor right away, perhaps even an upper neck specialist.
Documenting the fact that an injury occurred will be important when it comes to receiving a proper settlement or damages.
Why Follow Medical Advice Closely?
If you don’t follow the doctor’s recommendations (i.e. icing the injury, wearing a cervical collar, etc.), you could have your compensation decreased due to the fact that you are acting against medical advice. So be sure to follow direction closely.
The Petrov Law Firm will be happy to discuss further necessities for building a personal injury case. Call our attorneys at 619-344-0360.Read More
Even for a very safe driver, the risk of accident always exists. If an accident does occur, it is very important to avoid making some common mistakes. Here are 3 of the biggest blunders.
Never leave the scene of an accident without calling the authorities. Even if the accident was 100% the other person’s fault, it is still considered hit-and-run if you drive away. The penalty can be an expensive fine or perhaps even time in jail.
Apologizing for the Accident
This may sound terrible, but even if you are just trying to be polite, your apology can be used in court as an admission of guilt. Be polite with the other driver, but never admit the accident was your fault, especially if it wasn’t. Call the authorities and your insurance company, but try to have all conversations out of earshot of the other driver.
Agreeing to a Settlement
After the dust settles, an insurance company may approach you with a reasonable sum to make everything go away. Unfortunately, some injuries take months to show themselves. If you have already settled, the amount you received may not even cover your medical bills.
Make the Best Decision
The best decision you can make after a car accident that results in injury to you is to consult the personal injury lawyers at the Petrov Law Firm. We can help you to determine what damages you are owed and then help you to pursue such claims in the proper fashion. By avoiding the common mistakes noted above and giving us a call, you can avoid a lot of the anxieties connected to an accident.
According to Southern California Cycling News, the state is usually among the top two in the nation each year for the most fatal bicycle accidents. In fact, recent years have seen bicycle fatalities make up as much as 4% of the state’s overall auto accident fatalities. That is about double the national average. How can you protect yourself?
A Helmet May Save Your Life
California was the first state in the US to develop a law requiring the use of a helmet. In fact, anyone who is under age 18 must wear a helmet when riding a bicycle in California. Head injuries are the most common type of injury sustained in a bicycle accident. It is also the most common cause of death.
According to recent statistics, a person is up to 40% more likely to sustain a head injury while driving on a road as opposed to off-road biking. This is often attributed to fewer people wearing helmets when driving on the road as well as vehicle traffic. July-September are the most common months for bicyclist fatalities.
What if You Are Injured?
We hope you are able to ride safely and that you use a helmet for additional protection. However, if you are injured in a bicycle accident, we encourage you to seek a consultation with our personal injury lawyers at Petrov Law Firm. Call 619-344-0360 to schedule a consultation and learn what compensation you may be owed as a result of the accidentRead More
If you live in Orange County California, there are numerous animal control laws in effect that should prevent things like dog bites from occurring. Consider some of the following laws.
Laws Involving Leashes and Public Property
Basically, the only times an owner can have a dog off the leash in Orange County is at home or at a dog park that allows off-the-leash pets. In fact, leashes or chains need to be 6 feet in length or shorter to ensure that the person in charge can get control of the dog quickly.
The person holding the leash has to be competent to take care of the dog. If a 5-year-old girl loses control of a 150-pound dog, that’s no real surprise. An adult needs to be holding the leash.
Also, unless the dog is a service dog or guide dog (or if you have a special permit), you have to avoid public schools, public beaches, and public parks that are not intended for pets. If a dog were to be on public school property and hurt a child, that would be a big problem because dogs are not even allowed on school property except in the special circumstances noted above.
Finally, an owner cannot intentionally or through inability to control the animal allow a dog to trespass on private property without consent from the property owner.
Dog Bite Personal Injury Lawyers
If you or a loved one has been bitten by a dog, whether the owner was abiding by the laws noted above or not, the owner owes you damages. The Petrov Law Firm offers free consultations to dog bite victims. Contact us today at 619-344-0360.
A study conducted by the AAA Foundation has shed light on the dangers of teen driving. In fact, the study revealed that almost two-thirds of car accident injuries and fatalities occurring with a teen driver at the wheel affect someone other than the driver. No other group of drivers has as high of a crash rate, and the people most likely to get hurt seem to include everyone but the one at fault.
Summer Months Mean More Teen Drivers
If you though driving was dangerous during the school year, summertime ups the ante with more teen drivers resulting in summer being the most dangerous time of the year to be on the road. More than half of injuries caused by accidents with a teen driver are individuals in the other car. Statistic on fatality victims in teen driver accidents are also shocking:
• 30% – someone in another car
• 27% – passengers in the teen’s car
• 10% – non-motorists including pedestrians and people on bicycles
Why Are Teen Drivers So Dangerous?
Besides the lack of experience driving, teens are also frequently distracted by smartphones. Whether someone is sending a text or trying to catch a Pokémon, distracted driving can result in an injury or death very quickly. Other activities that can distract a driver include conversations with other passengers, applying makeup, smoking, eating, and more.
If You’ve Been in an Accident, We Can Help
Injuries and fatalities in car accidents, especially when someone else is at fault, can result in the payment of damages that include:
• Medical expenses
• Missed work or loss of ability to work
• Pain and suffering
The Petrov Law Firm has experienced personal injury lawyers to help you deal with insurance companies regardless of how the accident occurred. We work with medical professionals to ensure that you can get your injuries cared for fast, and we have experience investigating claims to ensure that you receive all of the compensation that you are due.
Contact us today at 619-344-0360 to learn more.