OC injury lawyers

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. 

How to Choose a Car Crash Lawyer

Attorney or Salesman?

Some people feel like they are talking with used car salesmen when they are talking to an injury law firm. In California, there are no shortage of law firms that practice injury law, so there is competition amongst the lawyers. This is good for you, as it gives you plenty of options. However, it can also lead to a situation where the people you are talking to when looking into a law firm play the role of salesmen, and are not lawyers and will not handle your case. You should expect to speak with a lawyer licensed to practice law in California - if a law firm won’t put you on the phone with the lawyer who will handle your case, you are likely talking to a salesman. Like any sales position, these individuals say all the right thing and put on the charm, but they do not know the intricacies of the law, as they are not lawyers. More importantly, you won’t talk with this person ever again, in most situations. Their job is to sign you up and get your case, not help you in the long run. 

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Who will be your attorney?

If you are looking for a lawyer to help you, you can expect to talk to an actual attorney, not just the sales team. Consider it a red flag if the person you are talking to is not a lawyer, and cannot tell you which lawyer will be handling your case. They will tell you the case will be reviewed by a team of lawyers and assigned to the lawyer most capable to help your case. This sounds good, but what it really means is you have no idea who will be taking your case. Most injury cases last many months and sometimes years. If you sign a contingency fee agreement or contract to hire a lawyer or law firm to represent you, but you’re not allowed to talk to the actual lawyer, do you really have enough information to make an educated decision as to whether the lawyer will be a good fit for you?

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Too Good to be True?

Unfortunately, many people who are looking for a lawyer to help them with their car crash injury case are given unrealistic expectations. If you are discussing your accident claim with an attorney who is telling you how much money you will walk away with, and it sounds too good to be true, it very well may be. Predicting the amount of money a plaintiff will receive is not easy. While a good injury lawyer can give a ballpark estimation, some law firms use inflated estimation with savvy salesman techniques to excite you and convince you to sign on the dotted line. A good case evaluation will include a review of numbers, including the cost of your medical bills, the cost of your future medical treatment, and of course the structure of the attorney's fees. Beware of salesmen who only want to talk about how much money they think you'll get in the end. This can be exciting, but it can also be a smoke and mirrors situation. 

Personal Injury "Specialists"

Technically speaking, there is no such thing as a personal injury specialist in the law, according to the State Bar of California. That said, there are law firms that only practice injury law. These law firms obviously have more experience in car crash cases and the nuances of injury law. In comparison, a lawyer who practices a little transactional law, some tax law, perhaps a divorce here and there, does not always know the up-to-date trends and changes in injury law. 

Are They Located Near You?

Surprisingly to some people, this matters less and less as technology enables lawyers to represent people who live far from their physical office. In fact, most personal injury law firms that specialize in car accidents and injury cases in California are able to represent clients throughout the state. This means that it tends to be less important where the physical office of the lawyer or law firm is, and it makes your attorney's experience and practice focus all the more important. 

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If Nothing Else, Remember This

Personal injury cases can be complex, and your attorney's experience in this area of law matters. If you're looking for a lawyer to represent you for your California car accident injury case, or any type of injury case, you should seek the counsel of a lawyer who knows what he or she is doing, and is willing to give you the time of day to discuss your case without pressuring you to sign with his law firm. Injury law firms are notorious for employing aggressive sales techniques - this should be a red flag to you. If you're talking to a salesman, you're being sold something. If you were injured and need someone to help you recover physically and financially, you don't need a salesman, you need a good lawyer. 

This post was written by  The Lions Injury Lawyers, P.C. , a personal injury law firm located in Newport Beach, California.  The Lions  represent injured people throughout California and focuses exclusively on personal injury law.

This post was written by The Lions Injury Lawyers, P.C., a personal injury law firm located in Newport Beach, California. The Lions represent injured people throughout California and focuses exclusively on personal injury law.

How Does Lien-Based Medical Treatment Work?

Receiving proper medical treatment after an injury is critical to your physical recovery. If you don't get the right care, the chances that your injury will persist for many months and years is significantly higher. However, with the right treatment after a bad car crash or other type of injury, your chances of a full recovery are much better. But what about the cost of getting the "right" care? Most people don't have the cash or credit to get all the treatment they need, and this applies to people with good health insurance, too. 

Some of the best medical facilities in California accept injury liens.

Some of the best medical facilities in California accept injury liens.

Lien-Based Treatment

Doctors area able to treat you and get paid later - obviously the doctor that treats you and gets a check from your health insurance has to wait a few weeks to get paid. This is one approach to the business of healthcare. Some doctors are willing to provide treatment with the expectation that they will be paid after an injury case settles. The idea is that if you were injured by someone else and there's a lawyer involved who is handling the case and expects to win, the insurance company will eventually be paying on the case. In this situation, the patient signs a lien, meaning that when the case settles, the doctor gets paid before the patient does. For example, if you are injured in a car accident and receive lien-based medical treatment, the sequence goes like this: treatment is received by you, with no out of pocket costs. Then, after your attorney wins the case, or reaches a settlement with the insurance company of the at-fault driver, the money goes into a trust account at the law firm's bank. From there, the attorney must first pay the doctor who has a lien - this contract/lien is in the attorney's file. In this way, the patient is able to get the right medical treatment, and the doctor's office is paid for its services.

Proper diagnosis matters: It isn't enough to just say you were hurt, or that your life has changed. You need the right doctor with the right training to help you reach a full recovery.

Proper diagnosis matters: It isn't enough to just say you were hurt, or that your life has changed. You need the right doctor with the right training to help you reach a full recovery.

Why Might Lien-Based Treatment Be Good for Injured Patients?

Big HMOs can be difficult to schedule appointments with, especially if your treatment requires many follow-up visits, or a consultation with a specialist. We've all had the experience of waiting for a referral to a specialist and being told that so-and-so doesn't have an open appointment for a few weeks. Well, if you need to see an orthopedic surgeon or neurosurgeon today, but you can't get in for a month, your health lays in the balance during that time. Also, the quality of care can be better with doctors who treat on a lien. Many lien-based medical offices, or doctors offices who accept traditional health insurance, as well as cash payments and lien based payments, are privately owned. These doctors are often highly specialized, meaning they are able to sustain their own businesses without the need to be part of a big HMO system or hospital. 

Because the offices tend to be privately owned, the doctors have more say in who they decide to treat, and who they decide they don't want to treat. This means they can control their schedules better, meaning your chances of getting in for an appointment are better. The payment system is also a big issue for a lot of people injured in car accidents, auto versus pedestrian injuries, and slip and fall injuries. Again, because many people don't just have thousands of dollars set aside in their bank account just in case they are injured in a car accident, most people are not ready for what can be expensive medical care after an accident.

Access to the proper specialists without having to wait months for an appointment is one reason many injured people decide to seek lien-based treatment.

Access to the proper specialists without having to wait months for an appointment is one reason many injured people decide to seek lien-based treatment.

How Does Lien Treatment Affect Your Injury Case?

The bottom line is that if you don't get proper medical treatment for your injuries, you can't expect the insurance company to take your word for it and trust you were injured. No medical treatment means no settlement money to compensate you for your loss. For example, if you were injured in a car accident, but due to financial constraints or scheduling conflicts you weren't able to get the medical care you needed, you can't just expect the at-fault driver's insurance company to take a compassionate route and pay you the same amount for your injury as if you went to the doctor. Thus, even with very bad injuries, without the documentation and proper treatment from a doctor, the insurance company will not pay fair money on your claim.

But what is "fair" money anyways? Well, consider a scenario in which two people have identical injuries from the same crash. One person goes to the doctor, sees the specialists he/she is referred to, and reaches a full recovery after a few months. The doctor's notes document the patient's injury step-by-step, from the first visit until the last. Perhaps this person's case settles for $50,000. Now consider the second person does not go to the doctor, although they have the exact same injuries. This person has nothing to "prove" he/she was injured. They may not get any settlement at all. If they do get a settlement, it will likely be around a couple hundred of dollars, known as "nuisance money." If the second person gets $500, that's a difference of $49,500! The difference is the first person sought appropriate and reasonable medical care, and their injuries are documented by a medical professional. Although the second person had identical injuries, they basically walk away with nothing. 

How Can You Find Lien-Based Treatment?

If you got hurt in a car accident, or got hit on your bicycle, or was injured and it was not your fault, you're likely going to need to see a primary care physician, or other general medical practitioner. This may be at the emergency room, or at urgent care, or at your primary care physician's office. The office may refer you to future treatment, and you can ask if they know of offices for the treatment you require who will accept lien-based care. Also, most personal injury law firms are aware of medical facilities that are willing to treat on a lien. A good injury lawyer will have handled lots of injury cases, and so he or she will have worked on files and made payments on past cases to medical offices and doctors who accept lien-based care.

Many top surgeons accept liens. This is one reason some injured clients decide to have their surgeries performed at a private medical clinic rather than at an HMO

Many top surgeons accept liens. This is one reason some injured clients decide to have their surgeries performed at a private medical clinic rather than at an HMO

What Kind of Treatment Can You Get on a Lien?

Name a kind of medical office or specialty and you can find an office that treats on a lien. In California, there are surgeons, chiropractors, MRI facilities, physical therapy offices, holistic medicine, orthopedic surgeons, pain management, podiatrists - the list is basically endless. This is not to say that every office accepts lien-based care, or even the majority. While lien-based treatment is increasingly popular, the majority of medical offices may not be comfortable with this arrangement. However, if a medical office has provided treatment and then gotten paid promptly by a good injury attorney, they are very likely to accept lien-based treatment. For this reason, a medical office may want to know the name of your attorney and the firm he or she works for. If your attorney is a general attorney who does a bit of everything, but does not focus on personal injury exclusively, it is less likely that the medical office will be willing to treat you on a lien. But, if you are represented by a law firm that focuses its entire practice on injury law, the chances that that medical office will be willing to treat you up front at no cost are much higher.

Get an Attorney With a Good Reputation

Because doctors want to work with attorneys who they know will win the case and pay the doctor's bill, it is important that you seek an attorney who has a lot of experience handling personal injury cases. Consider that with the aid of modern technology, the best attorney for handling your injury claim may not be in your town or even your county! Most law firms these days are able to do a lot of work using email, faxes, and video-chat, such that someone located in San Bernardino, for example, might be best off going with a law firm represented in Orange County or Los Angeles County. At the end of the day, you want an attorney who knows injury law backwards and forwards - the chances that you will find an attorney with that kind of experience just by happenstance that is located in your city or town may not be high. Most attorneys in California will agree that the best thing you can do is find an attorney who focuses on one type of case, and has room in his or her schedule to give your case the attention it deserves.

Still Have Questions?

The Lions Injury Lawyers, P.C. focus entirely on personal injury matters. They don't handle any other types of cases but injury claims. They accept car accident cases, auto versus pedestrian (including auto versus bicycle and skateboard), slip and fall, general negligence, products liability, failure to warn, and premises liability. The Lions are not a settlement mill - they won't just settle your case for pennies on the dollar in order to be able to handle more cases. All cases handled by The Lions are handled by an actual attorney. If you have questions about your case, including whether it is worth it to get an attorney, or whether in the end you'll get more money in your pocket by representing yourself or going with a lawyer, you should talk to a lawyer. Call The Lions and talk to a lawyer, not a salesman.  

Back to where you were before the injury - that's what the law says you're entitled to after you're hurt by someone else's negligence.

Back to where you were before the injury - that's what the law says you're entitled to after you're hurt by someone else's negligence.

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.