Police report

Fall Weather Driving Hazards

Parts of California may enjoy some of the most predictably sunny weather in the country, but even minor changes can result in major safety hazards. An increased awareness of road conditions that can result in dangerous conditions may help you avoid an accident.

fall-wallpapers-tumblr-wallpaper-high-definition-54374852.jpg

Wet Roads

We all know that California cities often crawl to a stop during heavy rains, but most of the precipitation on the roads is not heavy rain, or rain at all. With daylight savings time approaching, the days feel shorter and many drivers will be making their morning commute in the dark. Condensation settles on the road heavier this time of year than most. Even cities in Southern California, like Los Angeles, Orange County (which includes major business hubs like Costa Mesa and Irvine), and all the way down to San Diego, experience higher levels of morning dew. Similar to black ice in colder climates (some parts of California of course to have black ice as well), dew can be unrecognizable and therefore even more dangerous. If you are driving in the morning or evening, consider there may be more condensation on the roads than you can see, making fast stops and high speeds dangerous. Every year, drivers are injured and killed in California car accidents that are the result of a driver not realizing slick conditions on the roadway. Slow down, give yourself more time to break, and remember that there's more water on the road than you see, even if it is in the form of dew or fog.

Fog

Similar to dew, fog becomes a safety issue this time of year, especially in coastal cities and mountainous areas. Fog presents many safety hazards, and is a more obvious dangerous condition than dew, as drivers can readily see their visibility is impaired. Don't use your bright beam headlights - it doesn't help and it makes the situation even more dangerous for other drivers. Drive slower, put your normal lights on, and give yourself plenty of time to get to and from your destination. Keep your foot on the brake, as fog can be more dense in some areas and significantly decrease vision. The California Highway Patrol responds to fog-related accidents resulting in injury and death every year at this time, sometimes single-car accidents where the driver becomes disoriented and crashes. Avoid crashing your car in fog by taking it slow and proceeding cautiously.

Pedestrians

Halloween is, of course, a time of great excitement and increased pedestrian traffic. It is not just the neighborhoods, either. Consider there are more people at the grocery store and shopping mall, and as happens during every holiday season, people preparing for holidays are often aloof and not paying attention. Auto versus pedestrian accidents often result in serious injury or death, as no person is a match for a moving automobile. Pedestrians bear responsibility too: if you are walking in areas that pedestrians share with cars, remember to keep your eyes up and stay off your cell phone. Drivers owe pedestrians a heightened level of care because they are driving heavy machinery that can be dangerous and deadly. Pedestrians too can help avoid accidents simply by paying attention and acknowledging they see drivers, and visa versa.

Darkness

Daylight savings time results in more darkness, especially in the early evening. You should drive more slowly in the dark, taking more time to get to your destination. Remember that visibility is decreased, meaning other cars, bicyclists, and pedestrians are more difficult to see. Drive slowly, and remember that your response time is diminished when it is dark outside.

Involved in a Fall Weather Car Accident or Injury?

For those unlucky enough to be injured in a car accident, or an auto versus pedestrian accident or slip and fall injury, the road to recovery can be challenging. Insurance companies are notoriously difficult to work with and even more difficult to get fair compensation for your losses. Speaking with an experience personal injury attorney may be advisable. If your injury wasn't your fault and you are wondering how you will pay for everything, a good injury law firm will be able to give you sound counsel regarding your options. The Lions Injury Lawyers help people throughout California bounce back after an accident. If you are wondering what to do and how you will recover, the attorneys at The Lions Injury Lawyers will be more than happy to give you a free case assessment, as well as recommend medical providers that may be willing to provide high quality healthcare at no cost up front.

Just a "Mild" Brain Injury?

If there's one thing a good injury attorney is accustomed to, it is the defense or insurance companies' insistence on minimizing the significance of an injury. What you may call a broken leg, they will call a "fracture to the lower extremity." Doesn't sound so bad, does it?  But why would an insurance adjuster do this? End of the day, it is all about money. The less severe, the less life-altering the injury, the less money the insurance company will pay for your injury. But how does this play out when your brain is involved?

Unlike with a broken leg, a brain injury can be hard to see, and for all except the most specialized medical professionals, difficult to diagnose and explain. Yet for the injured person, the affects of a brain injury can be devastating. The Center for Disease Control (CDC) is somewhat helpful in explaining what a brain injury is:

"A concussion is a type of traumatic brain injury -or TBI-caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth. This sudden movement can cause the brain to bounce around or twist in the skull, stretching and damaging the brain cells and creating chemical changes in the brain."

Southern California is home to millions of people, and many are driving to and from work and play throughout the day. With so many people relying on commuting on a daily basis, Southern California, particularly Orange County and Los Angeles County, is home to a large number of car accidents every day. Often times the injured person complains of symptoms commonly associated with car accidents, such as whiplash, soreness in the back and neck, and headaches. The last symptom, which can range from occasional head pain, to all encompassing and debilitating migraine headache, may be a TBI.

How will you know if you are just having a bad headache, or if you suffered a concussion or TBI? A visit with the appropriate medical professional is crucial. Usually, this means visiting your primary care physician, and then getting a referral to see a specialist. Sometimes, it can take a long time to see your primary care doctor. In this case, most law firms in California, especially in LA County and Orange County, are able to sign lien paperwork with certain doctors offices. This means the doctor will treat you, and you won't have to pay out of pocket. When your case closes, a portion of the money will go to pay for the doctor's bills. Because brain injuries can be severe and life-altering, an experience injury attorney will always make sure that access to the right doctor does not keep the client/patient from seeking appropriate care.

What Symptoms Should You Look For?

If you're worried you've experienced a concussion or TBI after a car accident (or any other type of impact that injured you), you should be aware of any of the following symptoms: headache, nausea, vomiting, vertigo (problems with balance), vision problems, fatigue, sensitivity to light and noise, numbness and a dazed or stunned sensation that reoccurs. Additionally, if you feel mentally "foggy" or slowed down, are having a difficulty concentrating and remembering, or are more forgetful and confused than normal, this may indicate that you suffered a brain injury. Emotionally, if you feel more irritable and sad than normal, or are more nervous that normal, you may have suffered a TBI. Finally, if your sleep patterns have altered, such as feeling drowsy when you normally wouldn't, are sleeping more or less than usual, and are having trouble falling asleep, these changes may indicate a brain injury.

What To Do Now?

If you suffer from any of the above-mentioned symptoms, most car accident attorneys will advise their clients to seek medical attention as soon as possible. If access to medical care is a challenge, your call to an injury attorney may make it possible for you to see the right doctor very soon, and not have to pay out of pocket. The Lions Injury Lawyers, P.C. has handled many brain injury cases for clients who have suffered concussions. When the client is unable to get appointments with their normal doctors, The Lions Injury Lawyers, P.C. are willing to sign lien paperwork so that its clients can receive immediate healthcare and not have to pay out of pocket. If you or someone you care about is concerned about a possible brain injury as the result of an accident or car crash, call the Lions Injury Lawyers, P.C. today. You will discuss your case with an attorney who has handled this type of cases, not a salesman. 

Car Accident Injuries - What's a 'Defense Medical Exam?'

If you were injured in a car accident and your case has proceeded to litigation, you may be required to attend what is called an 'independent medical examination,' or 'defense medical exam.' Under the laws of the State of California, a plaintiff can be required to undergo an examination by a doctor or the Defendant's choice.

Why Does The Plaintiff Have To Attend A 'Defense Medical Exam?'

If you were injured and are pursuing your claim against the at-fault party or driver (the defendant), you will of course be required to explain your injuries and provide documentation. The defendant does not have to take your word for it, even if you have hospital records, doctors office records, and other medical records that document your injuries. The law allows the defense or defendant to have an "independent" doctor evaluate the plaintiff. The idea is that the defense gets a chance to have an "objective" doctor evaluate the plaintiff. Most defense attorneys and the insurance companies they represent have strong biases against doctors who treat injury patients on a lien basis, so the "independent" medical examination supposedly levels the playing field. 

There's Nothing "Independent" About It

First thing to remember is that the defense and the insurance company they represent gets to choose the doctor. These doctors are well paid by the law firm/insurance company. When you're getting paid a lot of money by a law firm, with potentially a steady stream of work coming your way, you're likely to make an evaluation that your client (the law firm and insurance company) will like. For this reason, most California injury attorneys refer to these examinations as 'defense medical exams.' They are, after all, the defense's paid doctors making an evaluation of the plaintiff's injuries. Almost without exception, the defense medical examination results in a report that minimizes the plaintiff's injuries in the eyes of the 'independent' doctor.

What Does The Defense Medical Examination Include?

The doctor conducting the exam is instructed to evaluate injuries and make a report. Thus, the doctor will be looking into injuries involved in the claim. The examination cannot include diagnostic tests, or any procedure that is painful or intrusive. Also, the exam cannot be scheduled further than 75 miles from the Plaintiff's residence. The doctor cannot be from a different specialty than those injuries included in the complaint - that is, if the plaintiff is complaining of neck and back injuries, the doctor doing the defense medical examination must be practicing in that area of medicine. A good California injury attorney will be well versed in how to approach the defense medical examination, ensuring that the Plaintiff is not taken advantage of during the defense attorneys' doctor's exam, which could result in a report that could hurt the plaintiff's case. 

The Day of the Defense Examination

If you are required to attend an independent medical examination, don't go alone. You should attend the examination with your injury attorney, or with someone from the injury law firm's staff or choosing. Don't fill out any paperwork. Remember, you're not the doctor's patient. You're there only because the law requires you to attend. Thus, you're not required to fill out any forms. The office will push paperwork on you, but your attorney will dispense of this with ease. Also, remember that the doctor is employed by the other side's attorneys. He or she is not on your side, no matter how friendly or charismatic. Don't answer any questions you don't feel comfortable answering. Some California injury lawyers will allow the plaintiff to make a brief oral accounting of the accident and injuries, while others will not. Remember that the doctor will likely generate a report that downplays the significance and seriousness of your injuries. If you were injured in a car accident, for example, the doctor may say that the injuries were not likely the result of (or caused by) the car accident, but are 'degenerative in nature.' Your injury attorney will have seen this many times before and will know how to respond.

A Few More Things To Remember

The independent medical examination can be very useful for the other side. They may, in the end, have a report that says your injuries weren't caused by their client, or that your injuries are not that bad. If you were injured in a California car accident, for example, you may be well served by seeking the counsel and representation of an attorney whose practice focuses exclusively on injury claims. These attorneys are well versed in the tricks and tactics of defense firms, and are able to respond and protect your rights to recovery. 

The Lions Injury Lawyers, P.C. represent injured clients throughout the state of California. If you were injured and it wasn't your fault, an attorney at The Lions Injury Lawyers, P.C. will gladly evaluate your case and discuss your options. Unlike most car accident law firms in California, you will be speaking with an attorney, not a salesman. Contact The Lions today to discuss any questions you might have. The Lions Injury Lawyers, P.C. maintains its main office in Orange County, California, but represents California plaintiffs in Riverside, San Bernardino, Los Angeles, San Diego - the entire state of California. 

Car Accidents 101: Call The Police?

If you've never been involved in a car accident, you are lucky. You're also probably unsure what to do if that dreaded day comes when you find yourself on the side of the road after an accident. One of the most common questions is whether you are required to call the police after a car accident. The most straightforward answer is no, you are not required by law to call the police after a car accident, although there are obvious circumstances when calling the police will be required, such as a serious accident where someone is injured.

Should You Call The Police?

If you're trying to decide whether to call the police, consider the ways in which a police report or traffic collision report might help you. For example, even if liability is straightforward (or you think it is), it is better to have the scene of the accident diagramed and explained by a uniformed officer than to rely on your memory. Also, even though you think the facts leading up to an accident or crash are beyond dispute, you never know what the other driver or drivers may say once they leave the scene. Unfortunately, many driver who cause accidents lie to their insurance agents because they don't want their insurance rates to rise. A police report will help explain what happened shortly after the accident and before the at-fault driver has the chance to worry about his or her insurance premiums rising.

What If The Police Do Not Arrive?

Sometimes, depending on the time of day, the police or highway patrol may not respond in a timely manner. Unfortunately, this happens during busy times, such as weekend evenings. However, it is still advisable to call the police and formally request that someone come out. A record of your telephone call will be taken, and your injury attorney may be able to get a copy of what was said on the telephone call. If the police or highway patrol never show up, at least you tried, and the copy of the report of you calling the police is likely to work in your favor if things become combative.

How Long Does It Take For Police To Respond?

Depending on where in California your accident happens, police may arrive within a few minutes, to a few hours after the crash. If you are in rural California and are far from a highway patrol vehicle or police station, you may have to wait. Or, if you are in a busy city, but the police are attending to more urgent matters, you may end up waiting too.

What Should I Do When I'm Waiting?

You should make sure you're safely off the roadway and out of harm's way. Do not play detective, but you should take photographs of the vehicles and the surrounding areas. If there are other people watching and you think liability may be an issue, you may want to get the contact information of these people, as they may be witnesses in the future. You should exchange insurance information with the other driver, if you feel it is safe to do so. It is not advisable to engage in lengthy conversation. Unfortunately, you don't know how the other driver will deal with the stress. Get his or her information if you feel safe doing so, and return to your car.

What If The Police Report Is Wrong?

Of the many things police officers and highway patrolman in California do right, writing detailed and accurate car accident reports is not always on the list. In fact, some officers in Orange County and Los Angeles County simply get it wrong - we see their erroneous reports frequently. We give them the benefit of the doubt, but the police report or traffic collision reports they write are sometimes misleading, inconclusive, or simply wrong. An experienced injury attorney will be accustomed to reading a California traffic incident report or a California police report, and will be able to address errors or misleading statements accordingly. And, if you were not at fault, an injury attorney who is good at his trade will be able to prove that you were not at fault. Some plaintiffs who have settled for large amounts of money almost never consulted with an attorney because they were afraid theirs was a lost case due to a faulty police report.

What Happens To A Police Report?

An experienced and successful California car accident attorney will put a police report or traffic collision report to good use. First, the attorney will usually get a copy of the report by submitting a formal request to the appropriate department. Then, his office will use it to argue on your behalf with the insurance company in order clear any disputes over liability. Finally, a good car accident attorney will use the report to show that you were injured and stated the same at the scene of the accident.

The Lions Injury Lawyers, P.C. represent injured plaintiffs throughout the state of California, including clients in Orange County, Los Angeles County, Riverside County, and San Bernardino County. Consultations with The Lions Injury Lawyers, P.C. are conducted by attorneys, not salesmen. You don't know what you don't know when it comes to dealing with a California car crash, and what you don't know can hurt your ability to recover. Call (949) 329-5000, or fill out this form to discuss your case today.

Your Injury Claim: Understanding Pre-Litigation and Litigation

The different terms to explain the varying stages of a personal injury case can be confusing and misleading. If you're wondering where your case is at present, and when it is likely to conclude, you may have heard the terms 'pre-litigation,' 'settlement,' and 'litigation.' But the difference between these terms may not be clear to you. This blog post will help explain the stages of a typical California injury claim.

Pre-Litigation

After an injured person contacts the at-fault party's insurance, a claim is opened, and the "case" is in the pre-litigation stage. Law firms and injury attorneys refer to your matter as a "case," but that does not mean that your matter is in court. In the pre-litigation stage, the parties exchange information freely and without guidance or regulation from the court. Lawyers are, of course, guided by ethics requirements of the State Bar of California, and insurance companies are required to act within the Insurance Code, but there is not judge or jury presiding over the process. This is important to understand because the claim is not on a timeline, meaning the pre-litigation process might last from as short as a day or a few days, to over a year. That's not to say there is no limit to how long it can last. In California, injured claimants are required to file their claim with the court within two years of the date of the accident. After two years, the claimant cannot claim recovery in court. In short, if you don't file a lawsuit in court within two years, you're not going to be able to recover financially for your loss, no matter how grave your injuries. This is called the Statute of Limitations. Again, in California, the Statute of Limitations is two (2) years. If you remember anything of the rules that govern your case, remember this: you must protect your right to recovery by filing a lawsuit in the appropriate court within two years of your loss.

Settlement

During the pre-litigation stage, the insurance company that insures the at-fault driver (the person who caused the accident) may offer to settle your claim. They may offer you whatever amount they determine is reasonable. There is no judge or jury to determine whether the offer is fair. For example, if you were injured in a car accident and broke your leg, you may have large medical bills, been out of work for some time, and unable to walk for months. But if the driver who hit you was insured by GEICO, you may get a call from a GEICO claims adjuster who says he wants to make it right and offer to settle. He may offer you $5 or $500, and tell you that all you have to do is sign a release and they'll give you a check that same day, no questions asked. Of course, that's a ridiculous amount of money for anyone with that kind of injury to settle for, but there are no parameters within which the insurance companies must offer a specified amount. If you accept, you cannot ask for more money in the future.

Because many people are unaware of how California injury claims work with insurance companies, many claimants assume that the small amount of money (say $500) is to cover immediate expenses, and more money is available in the future. This is not the case. Insurance companies do not incrementally distribute settlement money. Sometimes, they will simply send you a check that says on the bottom something to the effect of "for full and final settlement of his/her injury claim." If you cash the check, you're done: you cannot get more money in the future. Need more treatment? Expecting to have surgery soon? Rehabilitation therapy required? It will not matter, and you cannot recover more money at a later date. For this reason, all claimants should be exceedingly cautious when signing any documents with insurance companies, or cashing any checks. A short consultation with an injury attorney may save you a lot of money!

Settlement means you agree to accept money in exchange for waiving your right to future recovery. That is, the insurance company will give you a check, and by cashing that check, you agree not to sue their insured in court. If at a later date you feel that the amount of the settlement was not enough, you cannot file a lawsuit, and if you do, it is likely to be thrown out of court. If, however, you reach a fair and reasonable settlement within two years of the date of your California car accident, you do not need to file a lawsuit to get your money. A good California personal injury lawyer will make sure the insurance company issues the check and all the required paperwork is acceptable and in your best interest - all of this, of course, before the two year mark.

Litigation

If you are not able to reach a settlement agreement, litigation may be necessary. This means you file a lawsuit against the person who caused your injury. Sometimes this means filing a lawsuit against several different people or entities, such as a driver who was driving a work vehicle at the time of the accident - you would file a lawsuit against the individual and the entity he or she was working for. Filing a case in court can be tricky, and consulting with an injury attorney is highly advisable. 

Once the case is filed, attorneys on both sides will exchange information and paperwork regarding the case. Your case will be put on the court calendar, and a court date for your trial will be chosen. Due to high volume, court dates are often 18 months to over two years out. During that time, your attorney will work towards a fair and reasonable settlement. This means your case may never go to trial. From your perspective as a claimant, you won't have to go to court, and your attorney will handle the necessary paperwork. Nobody wants to go to court - not you, not the attorneys on the other side, and not the person who caused the accident.

Litigation can be costly for all parties involved, and if your case goes to trial, costs can rise quickly. Fortunately for plaintiffs, most injury attorneys cover all costs up front, meaning your case will go forward without you having to pay out of pocket. In the end, the costs come out of your award or settlement, but at least you don't have to pay out of pocket to seek fair compensation for your injury. Once litigation closes, you are likely to receive a check to compensate you for your losses, including payment towards your medical bills and money for your pain and suffering. This is assuming you win. An experience car accident attorney will be able to give you a good evaluation of your case and the likelihood of success.

If you were injured by the negligence of someone else, The Lions Injury Lawyers P.C. are eager to speak with you and discuss your claim. All consultations are free of charge. The Lions Injury Lawyers represent injured persons throughout the state of California, including residents of Orange County, Los Angeles County, San Bernardino and Riverside Counties, and San Diego County. To speak with a lawyer at The Lions Injury Lawyers, call (949) 329-5000, or visit their website at www.TheLionsLawyers.com to fill out information regarding your injury.

Documenting Your Expenses For Your Personal Injury Claim

The cost of an auto accident can quickly spiral out of control. When you face the potential for large medical bills due to someone else's negligence, it is understandable that many people become distraught and frustrated. Add to the mix the cost of childcare, time off work, transportation costs to and from treatment, and prescription medications, and your out-of-pocket expenses may become substantial. With the help of a good injury attorney you can be reimbursed for these expenses, but not without receipts. Insurance companies are notorious for refusing to pay for any expense without a receipt. 

Keep All Receipts

The best thing you can do is to keep all of your receipts. Most smartphones are able to scan receipts easy. Give these to your personal injury attorney. In the hands of an experienced injury lawyer, the at-fault party's insurance company will likely eventually pay up. Unfortunately, some costs can be impossible to recover without a receipt. For example, if you have young children and you have to pay someone to watch them when you go to your doctor appointment, you must have some documentation of this in order to get your money back.

Keep A Diary

The better you keep track of your expenses and physical recovery, the stronger your case is likely to be. Detail your progress physically, and of course record all out-of-pocket expenses. Remember, if the accident was not your fault, you should not have to pay for your recovery. The cost of transportation adds up. After a few months, that ten mile drive (one way) to your doctor cost you a lot more than a few dollars! Don't just pay for it - keep track of it!

Provide Your Injury Lawyer Your Bills

Billing departments commonly send out frequent reminders of outstanding bills. Your attorney should have these, as they make your case stronger. Your attorney should be the first point of contact for medical billing departments, but if this is not the case, you want to make sure your lawyers have the most accurate cost of your medical expenses. 

"I Don't Want To Sue Anyone"

If someone hit you and injured you, that person's auto insurance policy will pay for your injuries eventually. Of course, most people who try to reach a settlement on their own either settle for a small amount, or become so frustrated that a good injury attorney is needed to get a realistic and fair settlement worked out. Don't feel bad about filing a claim - this is what auto insurance is for. Most of us do not keep tens of thousands of dollars in our bank accounts, just in case we injure someone. This is what insurance companies do, and they make enormous amounts of money. You are only hurting yourself by not filing a claim if you were hurt by the negligence of an insured driver.

When To Call An Injury Lawyer

If keeping track of all your medical expenses becomes too much, a good injury law firm will have an experienced staff ready to help you. Also, if you're trying to get your medical bills reimbursed but the driver's insurance company is not playing fair, you need a lawyer. Unfortunately, often the only way to get the insurance company's attention is for a lawyer to call on you behalf. When this happens, their review process automatically changes. This works in your favor, and most of the time it means you will walk away with more money in your pocket. 

For more information about California Personal Injury claims, contact The Lions Injury Lawyers, P.C. today. 

The Police Report

WHY YOU NEED IT

A police report is a critical piece of evidence. If you've been in an accident you are familiar with the process, if you haven't it is good to know what to expect. Filled out correctly, a police report can make all the difference should your case go to court. Failure to fill out a police report can leave your case exposed, please read the following. 

  • It can take days to be aware of injuries.  A police report is critical in helping receive damages for your injuries. 

  • It is easy to over look damages to the vehicle. A police officer may catch things that over looked by either party. 

  • The other party may make false claims about the accident. The police report is the easiest way to collaborate a story. 

  • Initially the fault of may be placed on the wrong party, a police report can help change that.

INFORMATION TO INCLUDE 

You only get one opportunity to fill out a police report. What you say can be critical to your case. Think carefully about you share. 

  • A thorough description of what happened. 

  • The name of the driver and their insurance information

  • If there were any witnesses to your accident get their names. If possible get their account of the story with your cell phone. 

  • Details of damages to the car. 

  • Description of Injuries. 

WHAT IF THE POLICE AREN'T CALLED?

  • If the accident was small, resulting with no injuries and very little damage usually $500 or less the Police are not called. 

  • If there is extreme weather a small accident may not be high enough priority. 

  • You can always file your own police report online or at the DMV if a police officer doesn't show up.

  • If the car accident resulted in damages estimated at over $1000 and a police report was not filed within 10 days by California law your license will be suspended. A POLICE REPORT IS REQUIRED. 

TIPS

To ensure you've done everything you need to review the following to make sure you've done your part. 

  • If the other party in your accident is uninsured file a police report. It is illegal to drive without insurance. 

  • Get the police officer's name. The officer's name is included in the police report but it is not uncommon to have the name be unreadable on the report. 

  • Get your own copy. A copy of the report is available 48 hours after the accident.

  • Remember the more points of contact the better for making a claim for your auto accident.