OC injury

Orange County Car Crashes: Top Questions Injury Lawyers Are Asked

Injury lawyers are asked many of the same questions from clients regarding their Orange County, California car accident. This blog post is a compilation of the top questions we receive here at The Lions Injury Lawyers, P.C., and is meant to help anyone seeking clarification regarding their injury claim, but should not be relied on as legal counsel. This is because every case is unique and you should seek the advise of an attorney or injury lawyer in order to address the specifics of your case. However, there are several basic questions that we are asked over and over again, and so this blog post is an attempt to clarify some of these questions.

The job of your injury lawyer is to get you back to where you were before your injury. This means you are physically healthy again, and financially you have been reimbursed for all medical expenses related to your injury.

The job of your injury lawyer is to get you back to where you were before your injury. This means you are physically healthy again, and financially you have been reimbursed for all medical expenses related to your injury.

”How Do I Get My Medical Expenses Refunded?”

As part of your injury claim, you may expect to have your medical expenses paid for by the person who hit you. First, you need to see a doctor as soon as possible following the crash. Then, you need to be attentive to all appointments and be compliant with the doctor’s orders. This may include MRIs, x-rays, physical therapy, chiropractic care, massage therapy, or things like injections and surgery. Upon completing your treatment, your attorney will compile all your medical records and present them to the insurance company of the at-fault driver, accompanied by an explanation and a demand for settlement.

“What if I Need Medical Care Over a Long Period of Time?”

You have two years from the date of the accident to either settle your claim, or file a lawsuit. If you fail to do either of these things within two years of your injury, you cannot recover financially, and this includes being refunded the cost of your medical care. But what if you are going to need care for a long time after the two year mark? Your lawyers will compile your medical bills and present them in a manner that will include the cost of future medical expenses as part of your injury settlement. Sometimes this may require bringing in an expert, such as someone familiar with medical billing, in order to give a detailed accounting of what your medical costs will likely be in the future. A good injury attorney will do this for you and will have experience handling claims like yours.

Even ten minutes on the telephone with an injury lawyer is likely to give you a new perspective on how you should move forward. If nothing else, it should provide you with peace of mind as you navigate what can be a frustrating and confusing process.

Even ten minutes on the telephone with an injury lawyer is likely to give you a new perspective on how you should move forward. If nothing else, it should provide you with peace of mind as you navigate what can be a frustrating and confusing process.

”What if I Don’t Have Health Insurance, or I Can’t Get An Appointment to See a Doctor Quick Enough?”

If you don’t have health insurance, but are injured in a car crash or other accident that was not your fault, you may still be able to receive good medical care. Some privately owned medical offices are willing to provide treatment on a lien. This means that they will ask your lawyer a few details about your case, including the likelihood that the insurance company of the individual who caused the accident will pay to settle the claim. This is called lien-based treatment. Most California based injury lawyers know of many medical offices that are willing to work on a lien basis. The office sends a legal document to your lawyer, who signs it and returns it. This means that if there is a settlement or a verdict in your favor, the medical office will be paid before you are paid. Basically it delays payment, but makes sure the medical office eventually gets paid for the services they provide you.

The amount of money you get after your injury case settles depends on many factors, most of which you are unlikely to have considered unless you have been involved in several injury cases in the past. A good injury law firm will guide you through the process and explain the many variables at play in your injury case.

The amount of money you get after your injury case settles depends on many factors, most of which you are unlikely to have considered unless you have been involved in several injury cases in the past. A good injury law firm will guide you through the process and explain the many variables at play in your injury case.

”What If I Don’t Have Money To Pay a Lawyer?”

Most car crash lawyers, also referred to as personal injury lawyers, work on a contingency fee basis. This means their pay is contingent on whether or not they win. If they win your case, they are paid a portion of the settlement money. If your lawyer loses, in most situations this means he or she is paid nothing. This makes it so people who need legal representation are able to have an attorney. This also makes it so a lawyer only agrees to represent someone on a case if he or she thinks the case is winnable. Contingency fee agreements are the standard in California for injury cases. If you decide to hire a lawyer using a contingency fee agreement, you should read the document before signing so you know the percentage your attorney will take in the end as his or her fee, as well as other details pertaining to your case.

Because of the number of drivers in Orange County, traffic accidents resulting in injury are not uncommon. Knowing how to proceed after you are injured in a car crash can be confusing.

Because of the number of drivers in Orange County, traffic accidents resulting in injury are not uncommon. Knowing how to proceed after you are injured in a car crash can be confusing.

”What If I Already Settled My Property Damage Claim But I’m Still Injured?”

If you were injured in a car crash, your vehicle was likely damaged. You may have gotten your vehicle towed and fixed and may have signed something to receive a reimbursement check. This is the property damage portion of your case, and is separate from the injury portion of your case. You should know that just because you settled the property damage portion of your case does not mean you have settled your case. They are essentially two different cases. You can still receive money to help compensate you for your injury even if you already received money for your car. Usually the money you receive for your car is the cost to repair or replace for fair value. The injury portion is different. The injury settlement must include reimbursement for medical bills, money for lost wages, pain and suffering, and money for future medical expenses. This settlement is often much more than your property damage settlement.

”Should I Hire A Lawyer Who Doesn’t Live In My City?”

The location of your injury lawyer’s office does not matter nearly as much as his or her experience in handling injury cases. Much of the work on your injury case is done over the telephone, not in person.

The location of your injury lawyer’s office does not matter nearly as much as his or her experience in handling injury cases. Much of the work on your injury case is done over the telephone, not in person.

Your Lawyer should practice injury law. Similar to doctors, lawyers focus their practice on specific areas of the law. For example, a real estate attorney will not likely know much about injury law, except for the basics. For this reason, most people who hire a lawyer to represent them for their injury hire a lawyer or law firm that only handles injury cases. A lawyer has a license to practice law in the state of California, not a specific county or city. With technology, this means you can hire someone who potentially lives far away from you and still benefit from his or her expertise. It is therefore not important that the lawyer lives close by to you. Most, if not all of the work on your case, is done between the lawyer’s office and the insurance companies and medical offices using email, fax, and telephone. Physical proximity to your residence is not important.

5 Things To Remember During Your Personal Injury Deposition

Sitting across the table from a lawyer that represents the insurance company for your personal injury case can be intimidating. Fortunately, with a little preparation and sound legal representation, you have nothing to worry about.

Sitting across the table from a lawyer that represents the insurance company for your personal injury case can be intimidating. Fortunately, with a little preparation and sound legal representation, you have nothing to worry about.

Following a car accident in which you are injured, you may at some point have your deposition taken by an attorney that represents the insurance company that insures the at-fault party. This can be a nerve wracking experience for anyone. With any luck, your personal injury attorney will help prepare you for what to expect. No matter what the symptoms or cause of your injury, your deposition is an important part of your case, and understanding how to best answer the questions asked of you is something you should take seriously.

With a little preparation, you can rest assured your deposition will go smoothly. A deposition is sworn testimony. This means you will literally raise your right hand before answering the questions and swear to tell the truth. A certified court reporter will ask this of you. Be advised that the deposition may be recorded on video as well. While the format is basically a conversation or interview, the importance of your answers cannot be understated: your deposition will be typed up in a word-for-word document that becomes part of the official record on your case, meaning it can (and likely will) be presented at trial. You should therefore prepare for your deposition as if you were preparing to answer the same questions before a judge and jury in a courtroom.

We have prepared five things you should remember when preparing for your deposition. This is not official legal advice, and we urge you to seek legal counsel and/or representation by an attorney in order to understand the details specific to your case.

Answer the Question and STOP Talking

Most lawyers agree that the shorter your answer to a deposition question, the better. Keep it simple. Remember that although you are sitting across from an attorney, the result of the deposition is a written transcript. The deposition transcript is written in the following format:

Attorney: What color was the car?

Respondent (You): Blue

The range of questions the attorney on the other side of the table asks you is essentially unlimited. The attorney may appear to be your best friend, or may come off as mean and combative - you never know and it does not really matter. End of the day, the attorney asking you the questions is not your friend - his or her job is to chip away at your case and find weaknesses or inconsistencies in your version of events. This can be tricky, as many of the questions you will be asked are not difficult, and there’s no room for error, such as ‘what is your birthdate,” or “where were you born?” But some questions are not so simple. For example, “explain to me the symptoms of you injuries.”

In short, you should listen to the question you are asked, and pause for a second before answering. What was the question? Answer only that question, and wait for the attorney to ask you another question. It is easy to get into “conversation mode,” where you feel like you are just having a normal conversation, back-and-forth, with the attorney. This is especially challenging when you get along well with the attorney, who may be very friendly towards you. Remember: answer the question asked of you, and stop talking! The more you talk, the better for the attorney on the other side of the table. If you remember just one tip, remember this: answer the question and stop talking!

The format of your personal injury deposition does not change based on location - your case might be Orange County, the Central Coast, or San Diego - it doesn’t matter.

The format of your personal injury deposition does not change based on location - your case might be Orange County, the Central Coast, or San Diego - it doesn’t matter.

Don’t Volunteer Information

The attorney asking you questions can basically ask you whatever he or she wants. Your attorney will be there, but your attorney won’t be doing much talking. Again, this is not a normal conversation, but rather an opportunity for the insurance company’s lawyers to chip away at your case, which ultimately means less money in your settlement. You may feel the urge to explain yourself, or give your version of events.

Listen to your lawyer, as he or she is well versed in injury law and will help you understand when you should feel free to give your version of what happened, and when you should keep quiet. We have a tendency to try to be defensive if we feel our opinions or position on an issue is being attacked. The fact that you are sitting in a conference room answering questions to an attorney for an injury you incurred through no fault of your own might be offensive, even angering to you. But don’t let your emotions get the best of you. Remember, if your attorney guides you to share more information in a particular line of questioning, feel free to do so. Otherwise, don’t volunteer information, even if in your mind you feel like it is completely harmless and can only help you.

Not Your Friend

Defense lawyers (as with all lawyers) come in all shapes and sizes, and most importantly, their personalities are not always predictable. You may be imagining a scary, intimidating older man, or perhaps a sharp and mean lady. This may be who you are sitting across the table from. But don’t be surprised if the attorney is the opposite of what you imagined. Maybe he or she is younger, more attractive, friendlier, or however you say it, a lot more likable than what you were expecting. We tend to talk more easily when we are with people we get along with, so don’t be surprised if the attorney talks with you in a way that makes you very comfortable. Don’t get too comfortable, and remember, he or she is doing their job, and you’re unlikely to meet this attorney again. Just because you are having a good time talking to the attorney, or you feel he or she is really on your side, doesn’t mean this person won’t hurt your case, or weaken it. That is his or her job. Remember that the defense attorney is not your friend.

A deposition may be one step you have to go through to get to the light at the end of the tunnel on your personal injury case. In most injury cases, this is a step that helps lawyers on both sides prepare for trial, or expedite the settlement of your case.

A deposition may be one step you have to go through to get to the light at the end of the tunnel on your personal injury case. In most injury cases, this is a step that helps lawyers on both sides prepare for trial, or expedite the settlement of your case.

You Don’t Know What You Don’t Know

There is a reason the attorney is asking you the questions he or she is asking you. Don’t try to figure it out. Some of the questions regarding your injury will make sense. Some won’t. Do not waste your time engaging in mind games, trying to understand what the other attorney is trying to get at, or trying to get you to say. At the same time, don’t assume the questions are not important. You should be concise in your answers, and answer truthfully, but you should not try to add information in an effort to “fight back.” Leave that to your injury lawyer, who will have experience in understanding what the other attorney is doing, and why.

If you feel like you want to talk to your lawyer, you can at any time ask to step into the hall. Most defense lawyers will ask that you first answer the last question they asked you, and then step into the hall. But you may sense that you are uncomfortable with the direction the questioning is going. This is normal. Feel free to take a bathroom break, ask to speak with your injury lawyer in the hall, or go “off the record” whenever you want.

Don’t be surprised if you are answering questions for many hours. For the first two or three hours, you may feel like your deposition is a breeze. But five or six hours in, you may find yourself somewhat exhausted. This is often by design. Again, you do not need to figure the whole process out. In fact, because you are not an injury attorney, you’ll never be able to learn all the nuances necessary to understand exactly what is going on. This takes years and years of practice, and you would first have to handle thousands of injury cases to pick up on the trends, tricks, and traps. Trust the counsel of your lawyer, and he or she will guide you through the entire process and help you get through your deposition testimony without unnecessary stress or anxiety.

Your Deposition is Not a Conversation

Finally, remember that you are not just chatting casually with an attorney about how you were hurt. Defense lawyers are building their case against you, even if the lawyer sitting on the other side of the table has a smile on his or her face. Remember that you have sworn to tell the truth, and that every word you say will be transcribed (typed) and made into a small booklet that can be used at trial. Don’t get carried away talking too much. Listen to your lawyer, and answer only the question asked of you, one at a time. Take a moment after each question to think about what was actually asked, and provide a basic, brief answer. If you remember that the court reporter is typing every word, you will speak more slowly, which is good for everyone. Don’t interrupt the attorney who is asking you questions.

“Don’t Get Screwed”

This information is not official legal counsel, and you should not rely on it exclusively. These tips were compiled by plaintiff’s attorneys at The Lions Injury Lawyers, P.C., a law firm that helps injured people get fair money for their pain and suffering. The Lions are based in Orange County, California, but represent plaintiffs throughout the state of California, from San Diego all the way to the Oregon border, and everywhere in between. If you have questions regarding your injury or your case, feel free to call The Lions today. You will speak with a lawyer, not a salesperson, and your call is free of charge.

Car Crash Injury? Keep a Pain Journal

A lazy injury lawyer will get you enough money to pay for your medical bills and perhaps a bit more. A good injury lawyer will get you money to compensate for the ways in which your life is now different than it was before.

A lazy injury lawyer will get you enough money to pay for your medical bills and perhaps a bit more. A good injury lawyer will get you money to compensate for the ways in which your life is now different than it was before.

If you’ve been injured in a car accident and are recovering from your injuries, you may notice that your symptoms are worse some days, and better others. This is typical for most people, and with any luck you won’t have to get involved in a lawsuit in order to get a fair settlement for your car crash case. However, even in pre-litigation (when your attorney is negotiating on your behalf with the insurance company of the at-fault driver), insurance companies’ default position is that you’re only as injured or hurt as the paperwork says you are. That means that if it isn’t documented over time, you are not really injured.

Pain and suffering includes changes to your lifestyle. If you were active before, and can no longer do what you previously enjoyed due to someone else's negligence, a good injury lawyer can help compensate you for this loss.

Pain and suffering includes changes to your lifestyle. If you were active before, and can no longer do what you previously enjoyed due to someone else's negligence, a good injury lawyer can help compensate you for this loss.

What is a Pain Journal?

Your documentation of the pain you experience as a result of your car crash does not need to be anything fancy. In fact, writing notes in a simple notebook is enough. The most important thing is that you document regularly how you feel, and the affect it has on your life. For example, if you have a particularly difficult day, and have to cancel a social event, or forego a planned activity, this should be documented. Many pain journals are simple hand-written entries on a couple sheets of paper. In California, there are so many car crashes and subsequent injury claims, that you need to show the at-fault driver's insurance company that your injuries are real, affect your daily life, and did not simply disappear overnight. 

As part of your injury claim, you should include the ways in which your lifestyle has been affected. For people who previously lived an active lifestyle, there is no amount of money that can compensate for the things they can no longer do.

As part of your injury claim, you should include the ways in which your lifestyle has been affected. For people who previously lived an active lifestyle, there is no amount of money that can compensate for the things they can no longer do.

How Frequently Should You Update It?

Because your pain journal is an informal document, there is no rule of thumb to follow as far as how often you should update it. However, the more often you can write down specific instances of pain, and how it affects your lifestyle, work, or ability to parent, these things should be written down. If you are seeking medical treatment for an injury, you should be updating your pain journal at least a couple times a week. As time goes on, your pain journal will show how your symptoms are improving, if they are improving. This can also help show that you were compliant in following doctors' recommendations and orders. As the cost of your medical treatment rises, the insurance company will be looking for reasons to deny paying your medical bills. When a plaintiff has a thorough journal showing how the injury has affected his or her life, it becomes increasingly difficult for the other party's attorneys to say you weren't hurt and they shouldn't have to pay for your medical expenses.

A pain journal does not need to be fancy. Keep track of the days you feel worse than usual, and document days when you're feeling better. This will be of great value to your injury law firm as they negotiate on your behalf.

A pain journal does not need to be fancy. Keep track of the days you feel worse than usual, and document days when you're feeling better. This will be of great value to your injury law firm as they negotiate on your behalf.

Why Does it Help?

Your case is one of tens of thousands that insurance adjusters will review. If necessary, your attorney may have to file a lawsuit on your behalf, and will have to prove that you were injured by someone else, and that your injuries have affected your lifestyle. As part of the process of determining the value of your case, or in other words, how much money you are likely to be paid as a settlement, your medical records will make up one portion of your claim, and your pain and suffering will make up the second part of the evaluation. 

Orange County is home to a beautiful coast - if you previously enjoyed days at the beach, but have had to cut back on your leisure activities due to an injury, a good Orange County injury lawyer will help compensate you for this change in your lifestyle.

Orange County is home to a beautiful coast - if you previously enjoyed days at the beach, but have had to cut back on your leisure activities due to an injury, a good Orange County injury lawyer will help compensate you for this change in your lifestyle.

What is 'Pain and Suffering'

The laws in California provide for compensation for your pain and suffering, which is sometimes called your general damages. So if you were injured in a California car crash, and you are seeking a claim against the driver who hit you, you will have two parts to your claim: special damages (the "hard costs", such as your medical bills and other things you paid out of pocket for), and general damages (hard to put a number on, but the value of your pain and suffering). The more you can prove you were injured, the better position your injury lawyer will be in to win more money for you. For example, if you had a hobby you can no longer participate in, or if your exercise routine was disrupted or changed as a result of the car injury, you are entitled to pain and suffering damages for the negative affect the accident has had on your lifestyle. All these things are unique to your case, and of course specific to your lifestyle. But it is not enough to simply state that you've missed out, or your life has changed. You need documentation, and a pain journal can be of great assistance to your lawyer as he or she fights for your case.

Assessing General Damages (Pain and Suffering)

Orange County residents who were injured in a car crash have many options of injury lawyers to choose from. 

Orange County residents who were injured in a car crash have many options of injury lawyers to choose from. 

Your personal injury lawyer will be explaining the many ways in which your life has been affected by your injury. This may include anything from a sport you can no longer play, to difficulties caring for your children, to discomfort in a variety of situations unique to your life as a result of someone else's negligence. Because it is not as simple as adding up receipts and claiming the total, you must be specific in explaining to your injury lawyer the ways in which your life has been affected. He or she will then argue these points on your behalf. A good injury lawyer in California will be able to compare the types of losses you have incurred with similar cases in the past. An injury law firm that has handled a lot of cases and is paying attention to trends in the courts will be in the best position to fight for maximum value for your car crash injury case. 

The 100 Deadliest Days: What You Should Know

The period between Memorial Day and Labor Day has become known by many people as the 100 Deadliest Days due to the number of traffic fatalities during this time. Many news outlets have reported on the issue in the last week, including most local California television networks and several California newspapers. While the '100 Deadliest Days' name is catchy and memorable, not everyone knows what it means.

Parents are the key to helping teens develop safe driving habits and setting easy to remember rules and guidelines.

Parents are the key to helping teens develop safe driving habits and setting easy to remember rules and guidelines.

AAA Research & Tracking

AAA is known for its roadside assistance program and auto insurance, but it is also a leader in tracking travel data. According to the company, more than 1,050 people were killed in car crashes that involved teenage drivers in the year 2016 during this period. The company also mentions several factors that affect the uptick in traffic deaths during this time, including nighttime driving, speeding, and distracted driving.

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Nighttime Driving

Teenagers drive a lot at night during this time period due to their changed social schedules, as school is out and many teenagers spend more time with their peers at night. Driving at night in urban areas, such as around sporting stadiums, bars, dance clubs, and other places where young people like to socialize brings with it additional possible dangers. For example, many of these activities including alcohol as part of the social activity - consider how many people have had a few drinks and then get in their car after a basketball or baseball game! Your teen shares the road with them, and teenagers should be aware of their surrounding drivers more so at night than any other time.

Nighttime driving also includes drivers who are making long passages and road trips. The drivers may be heading to or from vacation, and the longer we drive, the less attentive we can be. This includes drivers returning home from college, or visiting friends and family on the weekend from their jobs. Many car accidents in California's big cities, such as Los Angeles, San Francisco, and the Orange County metro area, involve people who work there and are trying to get home. Young drivers should know that these cities have especially high number of car accidents in the summer months.

Parents should note that it is not just in the late hours of the night (more appropriately, the early morning hours of the next day) when crashes happen. A recent study shows that more crashes involving teens actually happen before midnight.

Speeding

During social outings, teens are more likely to speed with friends in the car, or if they are hurrying to get somewhere to meet up with their friends. While it may be perceived to be an issue with young male drivers only, the reality is that anyone speeding excessively presents a hazard to themselves and to those people around them. Several fatal car crashes in recent years have occurred on roads where the public tends to drive fast, such as the 73 toll road that cuts through Orange County, or several backcountry roads in the Riverside and San Bernardino area. These roads are, at some times, seemingly empty, which gives some drivers the perception that driving fast is OK. Tragically, you don't need to crash into another vehicle, or have another car hit you, to be injured in a car accident. As has been the case in these specific areas, the roads are empty and drivers drive too fast, not aware of how their car operates at high speed. Add to the mix alcohol, nighttime driving, drowsy or distracted driving, and you have a recipe for disaster. 

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Young drivers should know that speeding is not only dangerous when they are trying to steer around other vehicles, but can also be fatal when you're the only one on the road. Speed also tends to be involved with many fatal motorcycle accidents, which also happen at a higher frequency during this time period.

Distracted Driving

Much attention has been given to the affect of distracted driving due to cell phone use lately, but cell phones are not the only cause of distracted driving. When it comes to teenagers, too many friends in the car is a bad thing, and every summer there are tragic crashes that injury and kill young people driving together. While carpooling is encouraged by many due to the benefits of reduced emissions into the environment, parents of teenagers should know their teen's social habits and advise accordingly. Some teenagers are better equipped emotionally to drive when they have their friends in the car. Sometimes it may be safer to be driving alone and meet your group at the destination, rather than risk being distracted by rowdy passengers.

Lyft and Uber have added another option to the mix, making it possible for passengers to ride together, but cutting out the need for any of the teens to drive. This option, it should be noted, is not fool-proof, as Lyft and Uber drivers can be distracted as well, and the news has been full of stories where drivers are distracted by their young passengers and have to insist on better behavior in the back seat. Your teen should know that it is important to keep the volume of his or her voice down if driving in a hired car, as the driver needs to be able to concentrate on driving.

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Talk To Your Teenager

As a parent, you are key to helping your teenager drive safely. Teenagers should know that their parents care, and that their parents have given them specific, easy to understand and remember rules regarding driving during the summer months. First, they should know that there are dangers and hazards they cannot control, but may be able to avoid. They should know that if they are involved in a car crash and are injured, they should not worry about money, but should go to the hospital or doctor and get the care they need. Teenagers should know that there are more car crashes this time of year, and there are a lot of intoxicated drivers, distracted drivers, and just plain more drivers in general on the roads during the 100 deadliest days. 

The Do’s and Don’ts of Boat Safety

Boating is one of California’s favorite pastimes. Every summer millions of locals and vacationers enjoy soaking up the California sun exploring coastlines and waterways, partaking in recreational activities such as boating, sailing, fishing, and water sports. California is popular for its warm climate, during the year boating accidents and fatalities may occur at a moment’s notice.

In 2016 there were 588 reportable boating accidents which resulted in 266 injuries and there were 50 reportable fatal boating accidents according to a 2016 California Recreational Boating Accident Statistics report release by California State Parks Division of boating and waterways.  Also, the Division of Boating and Waterways can help you learn about how to apply for your California Boater Card, which is required for boaters ages 20 years and younger. The State of California also offers several other boating safety courses to help its citizens and visitors to the state stay safe on the water.

Many of these crashes and accidents were easily avoidable. Tragically, many of the deaths and serious injuries that happen on the water are part of what are supposed to be exciting outings among family and friends, such as dinner cruises, scuba diving and snorkeling, surf excursions, deep sea fishing, and whale watching. None of these outings should result in injury to anyone involved. 

Newport Harbor is one of the busiest harbors on the west coast. Unfortunately, it is also home to many boating injuries and accidents every year.

Newport Harbor is one of the busiest harbors on the west coast. Unfortunately, it is also home to many boating injuries and accidents every year.

Knowing your ABCs boating practicing safe a responsible boating habits start with knowing basic navigation rules and always boating sober.

Boating Do’s

·      Educate yourself on state laws before embarking on a boating excursion. Regulations vary by state so make sure you are following proper laws and protocol. 70 percent of operators involved in fatal boating accidents had no formal boater education. Be aware that even if you are an experienced boater, there are a lot of people who are renting a boat, many for the first time. They don't know what they are doing. Similar to driving, assume that the other boater does not see you, or does not know proper distance - be defensive and avoid traffic.

Harbors can be dangerous for many reasons. Boaters are distracted, excited to be on the water, or eager to get off the water. Speed laws are strictly enforced to encourage safe passage making.

Harbors can be dangerous for many reasons. Boaters are distracted, excited to be on the water, or eager to get off the water. Speed laws are strictly enforced to encourage safe passage making.

 

·      Make sure your boat is mechanically sound and your engine, fuel, electrical, and steering systems are up to the task.

·      Check the weather forecast for your designation and know your safety limitations. Always let someone know where you are going and when to expect your return.

·      Keep a Global Positioning System (GPS) with you at all times and know how to use it. This includes checking batteries and maintaining in a dry box or bag. Regular testing is advisable. You don't want to go to use your GPS for the first time in an emergency and realize it is out of power.

·      Obey marine traffic laws and know warning and distress signals in case of an emergency. Always carry a working fire extinguisher and a warning flares.

·      Always travel slowly in shallow waters and keep alert around other watercraft, paddlers, and swimmers. The leading type of boating accident 2016 was caused by collisions with other vessels. Stand-up-paddle (SUP) is increasingly popular, as are accidents and fatalities involving SUPs. Remember that SUPs move slow and are not able to change direction quickly. 

·      Make sure you have adequate insurance protection. Talk to your insurance agent to make sure your boat is adequately covered for liability insurance.

Boating Don’ts

·      Don’t mix boating with drugs or alcohol. Based off reportable boating fatality statistics, alcohol or drug use is estimated to have played a role in over 24 percent of boating deaths. The US Coast Guard monitors boating and alcohol use in the major harbors, and the penalties for drinking and boating can be serious. 

·      Don’t forget life vests for each person on the boat. In fatal boating accidents, the leading cause of death is drowning. Again, alcohol often plays a role in the injury or death. 

·      Don’t overload the boat or permit passengers to ride on the bow, seatbacks, or gunwales.

·      Don’t forget to have designated lookout to keep tracks of other boats, swimmers, and debris and objects. Be especially careful entering and exiting the harbor. The closer you get to leaving the harbor, the more anxious many boaters get to increase speed. Many crashes happen in this zone of the harbor.

·      Don’t go faster than you should. Travel at a safe speed so you can be prepared to slow down suddenly if the need arises.

·      Don’t ignore posted speed limit and no wake zone signs.

·      Don’t jump a wake; make sure to be aware of others in the water as your cross at a low speed. Many boats are not built to sustain strong impacts. Jumping the wake of another boat can crack your hull and result in slow leaks into the bow of your vessel. 

·      Don’t forget to pack additional safety devices like a first aid kit, spare parts, and a radio. Communication with land can be crucial if you are involved in an accident. In Southern California, many incidents happen within a few miles of shore, but there is a tendency for boaters to assume that because there are sometimes many boats around, someone will come along. Remember that on some days, Catalina Island is easily visible from Orange and Los Angeles counties, while other days it is impossible to see. The same goes for boats: don't assume others will be able to see you. The marine layer and other precipitation can limit visibility. 

Give larger yachts plenty of space - they cannot pivot their position on the water as quickly as smaller vessels. 

Give larger yachts plenty of space - they cannot pivot their position on the water as quickly as smaller vessels. 

As Summer begins the beaches and water will begin to fill with families, couples, and individuals who intend to enjoy their vacations and time on the water. Boaters have the responsibility to adhere to safe boating practices to not only protect themselves and their passengers, but also everyone around them on coastline and waterways.

From mega yachts to small kayaks, the water is home to a broad array of vessels, each with the right to be on the water. Be aware of smaller craft near your own when exploring California's numerous waterways.

From mega yachts to small kayaks, the water is home to a broad array of vessels, each with the right to be on the water. Be aware of smaller craft near your own when exploring California's numerous waterways.

Despite your best efforts, boating accidents happen, and the scenarios in which injury can happen on the water are endless. If ever a need to a Personal Injury Lawyer for severe boating accidents, The Lions Injury Lawyers can help. Consulting with an experienced lawyer can help you navigate what is often a difficult and emotional time for you and your family. The laws regarding liability, insurance, negligence, and due care can be complex and confusing for anyone involved in an accident. Seeking proper medical treatment can be costly, and most people don't know how to get the care they need. The Lions Injury Lawyers are ready to answer your questions and help you move forward. You deserve to be compensated for your loss, including lost wages, loss of companionship and loss of consortium, pain and suffering, and the cost of your medical bills. Call The Lions today for a free, no-cost consultation.

Injured at the Gym? Who May be Liable, and How to Proceed

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Who is Responsible When You Are Injured at The Gym?

Injuries at your local gym are more common than you may believe. You may have experienced muscle soreness later in the day from a good workout. However, there are instances when someone could have gym equipment breakdown on them, injuring themselves more severely. Nobody goes to the gym with that in the back of their mind, and the last thing most gym attendees want to do is have to call a lawyer or recover from an injury. After all, the gym is a place to release stress and improve your health, not build more stress and injure yourself.

Gyms are typically thought to be a fairly safe place. Gyms are staffed with knowledgeable employees to teach people how to properly operate the equipment available. But what would happen when you do experience an injury at the gym? When an accident occurs, who is responsible? Is it the gym owner? The staff? Victims could be left wondering, here’s what you need to know.

Liability Waivers

When you’re new to a gym, normally you are asked to sign some form of liability waiver. Gym owners attempt to protect themselves from lawsuits filed by people who didn’t use equipment properly or tried to do more than they are physically able to do. Signing a liability waiver doesn’t mean that a gym owner is fully exempt from all lawsuit. Take a look at your copy and see what it includes. Better yet, keep a copy saved on your phone and discuss it with an injury attorney. Even if the waiver appears to cover anything and everything, courts are unlikely to enforce such a contract if the gym or manufacturers of equipment at a gym are found to have acted in a negligent manner. Here are a few clauses and verbiage to keep an eye out for:

1. Total waiver of liability means that the gym is not liable for any injuries within it walls. With that being said, courts may find these waivers to be unenforceable if they are too broad.

2. Waiver for negligence means that you can’t sue the gym if your injury was caused by negligence by the part of the gym owner or an employee.

3. Waiver of liability for intentional acts means that you can’t sue if someone in the gym assaults you in some way, these waivers are typically unenforceable in court.

Knowing what your waiver says is the first step in determining whether or not you have successful case on your hands. For example, If during a workout a machine comes crashing down on you due to poor maintenance or an issue the gym owner was aware of, you could potentially file a lawsuit. Nobody wants to file a lawsuit, but if you or a loved one was injured, chances are your lifestyle and general health have suffered greatly as a result. Many people are scared off by the idea of calling a law firm to ask questions, or they assume (incorrectly) that because they signed a waiver, they are stuck with their injury.

Premises Liability

Like any other business, a gym must be reasonable safe and free of hazards. That means that all the equipment must be inspected regularly, slip and fall hazards must be remedied and potential dangers must be repaired or removed. If any of these things have caused your injury, you may choose to file a lawsuit. Again, discussing the facts specific to your incident will likely prove valuable. If nothing else, after discussing your injury with a lawyer, you'll be in a better position to move forward with making an informed and educated decision.

Does Location Matter?

Many people incorrectly assume that because they were hurt in, for example, San Bernardino, that they must find a lawyer in San Bernardino that can help them. This is not accurate. In fact, any lawyer who is licensed to practice in the State of California can help any individual injured in California, no matter whether they be in San Bernardino or San Diego - or San Francisco! This is not limited to unique injuries, such as those that happen at a gym or an exercise facility. Car accidents, slip and fall, animal (dog) bites - no matter where it happens in California, the most important thing is to consult with an attorney that has experience in that type of case or claim. If the attorney or law firm is licensed in California, they can help you, and with modern technology, this can mean a firm in, for example, Newport Beach, can easily help represent clients throughout the state.

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Who to Call?

Like any injury, one that takes place in a gym is unique, If you have been injured in a gym in California, call The Lions Injury Lawyers. We will talk with you about your injury and circumstances surrounding it and help determine if you have a premises liability or other type of personal injury case. The lawyers at The Lions Injury Lawyers have handled many cases against gyms and exercise facilities, and despite the existence of waivers, have won large settlements on behalf of their clients. There is no obligation to sign up as a client, and there is no fee charged for talking with an attorney about your injury. Call today to discuss what your options may be, and before making any decision about how to go about fixing the damage done, educate yourself by talking with an attorney.

Civil Claim or Criminal Claim?

For those who don't spend a lot of time in California courts, and for people who are trying to navigate the sometimes complicated and confusing names and phrases used in court, it can be confusing to know where to begin. One question that injured people often have is whether they need to file a lawsuit, and if so, what kind of lawsuit? Because every case is different, and the costs of going it alone in court can be high (not to mention incredibly confusing for many people), it is advisable to speak with a lawyer who is familiar with the kind of case you have. One basic distinction is between civil cases and criminal cases.

Criminal Cases

If you were injured by someone who intentionally hurt you, for example, the case falls in the criminal realm. This situation typically means the police were involved, and the person who caused the harm was either arrested or cited for criminal behavior. The State of California, through its district attorney offices, will pursue the case against the person who caused the harm. In a very basic sense, this means the state prosecutes the bad actor. 

Criminal/Civil Cases

In some situations, however, the injured person may file a civil claim against the person who hurt them during the crime. Think about O.J. Simpson, for example. The state tried him for murder, for which he was famously found not guilty. But the family of Nicole Brown pursued a civil suit against O.J. Simpson as well. The legal theories involved are not important to understand in depth. Because O.J. Simpson was a wealthy man, if the family prevailed in their lawsuit, the court could enforce the judgment and make sure O.J. paid (or continues to pay, over a long period of time), the money awarded in a verdict. A civil case may also include "punitive" damages, which are meant as a punishment against the wrong actor, as was awarded in the Simpson case.

The O.J. Simpson case is unique, however, in that the money of the civil verdict was actually paid out to the Brown family. What if O.J. was a poor man at the time of the alleged crime, and remained poor throughout the civil trial? The reality is, even if the jury in the civil trial had awarded millions and millions of dollars, in most situations the Brown family would never have seen a penny of it. Which, in real life, means the case would likely never be brought to trial in the first place. Why? Because most lawyers (there are exceptions, but generally speaking) would not take a civil case to trial when there would be almost zero chance of actually ever seeing payment of the money.

There are many situations that call for both a civil and criminal case. For example, if you or someone you love were injured by a drunk driver, the State of California may pursue the drunk driver in criminal court in order to protect the public. However, the criminal case is about the state taking a dangerous individual off the roads, and possibly putting him or her behind bars. But what about the person or people who were injured by the drunk driver? In order to be compensated, they would need to pursue the drunk driver in a negligence claim, or in civil court. Of course, the issue of who would end up paying arises, and unlike the O.J. Simpson example, the drunk driver, if he had insurance, would be covered for this very situation. Thus, the injured person could open a claim with the drunk driver's insurance company and, if navigated correctly, could resolve this issue without ever having to go to court, and could receive to maximum amount of money the insurance policy covered the drunk driver for.

Civil Cases

In the previous example of the drunk driver who injured someone, there is a common misconception that the injured person must wait for the criminal proceeding to finish. This is not accurate. By contacting an injury law firm in California that handles these hybrid cases, the injured person or persons can move forward with their claim with the at-fault driver's insurance company. A good injury attorney will be able to finalize this portion often before the criminal case is even underway. This is, it should be clear, a very general description of how a situation like this example might be handled, and anyone who was injured or who has loved ones who were injured by a drunk driver should not rely on this post for legal advice; they should immediately contact a lawyer or law firm for legal counsel. 

So, Which Case to File?

The reality is, if your situation calls for a criminal proceeding, the police will handle it. If the police aren't aware of what happened, they need to be. Once the police are aware of a criminal act that resulted in injury, a report and investigation will commence, and they will handle it from there. In the civil arena, an experienced and skilled injury law firm may be able to get to the bottom of your case before ever filing a lawsuit. Lawsuits take a lot of time, cost a lot of money, and after all that, don't guarantee that the injured person will recover any more money than if the case settles out of court in the pre-litigation phase. For this reason, an injury attorney may be able to give you an evaluation that will at a bare minimum help you understand where your case or claim stands, and what the possible scenarios are in the future. If you're lucky, you won't ever have to file a lawsuit or step foot in a courtroom, and you'll still end up with the same result as if you had.

Injury Lawyers

The Lions Injury Lawyers P.C. are located in Orange County (OC) California, and help injured persons throughout the State of California. They offer free case evaluations by an attorney. That means you'll be speaking with an actual lawyer, not a salesman who is paid to sign up your case and won't hear a thing about it the day after he signs you up. Don't live in Orange County, or your case didn't happen in Southern California or OC? No problem. The Lions represent clients throughout the state of California, and their handling of your claim won't differ a bit from if you lived right down the street in Irvine, Newport Beach, or Costa Mesa. A brief phone call with an experienced injury attorney will give you peace of mind, and help you look at your situation from a new perspective. The Lions Injury Lawyers can compare your case with thousands of cases in the past, which allows them to estimate how many variables will play out for you. The contents of this blog post are for information purposes only, and should not be relied upon as legal counsel for your case or claim, or for anyone looking for legal advice. The contents of this blog post are intended to educate people, not as legal counsel.