california civil claim

Speed Limits

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Speed Law

In the state of California we have a basic speed law which requires drivers to never drive faster than what the law deems safe for conditions. We see the speed limit signs on streets, freeways and highways but we also have to consider the current conditions of the day and construction on the road. For example you could be driving 45 mph in a 55 mph zone however that would be unsafe and deemed too fast if there were contributing conditions like dense fog. One thing to remember is that no matter what the posted speed limit is your driving should also depend on:

  • The number of vehicles on the road.

  • The condition of the road (construction zone, smooth surface, rough, graveled, wet, dry, wide or narrow).

  • Pedestrians, bicyclists, animals.

  • Weather (raining, foggy, snowing, windy, or dusty).

  • Vehicle design - don’t drive a minivan like a race car!

Read the signs and consider all circumstance. Why is this important? There might be other indications on the road you are driving on that will be affected by your speed even if you are abiding by the speed limit.

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Maximum Speed Limit

The maximum speed limit on most California highways is 65 mph however, you may drive 70 mph where posted. Unless otherwise posted, the maximum speed limit is 55 mph on two-lane undivided highways and for vehicles towing trailers. Why the different speed limits for different vehicles? The weight and size of a certain vehicle can drastically affect their ability to stop or slow down when they are faced with unforeseen obstacles. But it is so important to use your best caution when maneuvering down different highways or freeways. The maximum speed limit is meant to deter cars from going too fast so that way their stopping distance doesn’t increase too much. Similar to speeding on the road, driving too slow can be just as dangerous. Of course we are all implored to follow the law and stay within the posted speed limits however, best practice you want to also consider the flow of traffic.

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Slow Moving Traffic

Similar to speeding on the road, driving too slow can be just as dangerous and may even warrant a ticket. Of course we are all expected to follow the law and stay within the posted speed limits however, best practice you want to also consider the flow of traffic as well as the weather. If there is heavy fog or it just began to rain, the roads are not safe to drive 65 mph even though there is a posted sign for the speed limit. If you are driving significantly slower than the speed limit on the right lane of the freeway, and oncoming cars have to slow down because of you, the fast moving traffic behind you may have to  brake suddenly. Yes driving slow can still cause accidents. Even though slower traffic is supposed to drive on the right lanes, that doesn’t mean you should drive significantly slower than everyone else. Not to mention, towing vehicles, buses and large trucks are always supposed to drive on the right lanes. Always be aware of your speed and surroundings.

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School Zones

As drivers, we are expected to be 100% aware of our surroundings and drive carefully so that we don’t harm others. Anytime there is a school zone, the rules of the road change. Within 500 feet of a school while children are present or if they are crossing the street, the legal limit changes to 25 mph, unless otherwise posted. Especially if you see that the school session is ending for the day, and there are large crowds of children and parents picking them up, you never want to drive faster than 25 mph. You should always drive carefully anytime you are operating a motor vehicle however, anytime you are driving near schools, playgrounds, parks and residential areas you should drive extra cautiously because children are much smaller and sometimes a little unpredictable. Around these areas, children may suddenly run into the street. Here are some common considerations near schools:

  • Bicyclists and pedestrians.

  • School safety patrols or school crossing guards. Always make sure to obey their direction as they are trying to manage the surplus of vehicles when school is beginning or ending.

  • Stopped school busses. Remember some school busses have flashing yellow lights are to warn you to slow down and prepare to stop. Red lights require you to stop from either direction until children are safely out of the way. By law you are required to stay stopped until red lights stop flashing – this is a finable offense and can potentially warrant a suspended license.

Blind Intersections and Alleys

What are blind intersections? Blind intersections you cannot see for about 100 feet in either direction during the last 100 feet before crossing. An intersection can also be considered a “blind” intersection if there are no stop signs at any corner. Anything can block your view from trees, bushes, buildings or even parked cars. If your view is blocked, edge forward slowly until you can see. The speed limit for a blind intersection is 15 mph. The speed limit in any alley is also 15 mph.

Railroad Tracks

If you cannot see the tracks of a railroad for 400 feet in both directions the speed limit is 15 mph within 100 feet of the railroad crossing. However, if there is a gate, warning signals or flagman you may drive the posted speed limit. Always be very cautious around railroad tracks and crossings especially if you are in bumper to bumper traffic. You don’t want to get stuck on the tracks if you need to make a complete stop suddenly. Here are important considerations when you are at a railroad or train crossing:

  • Always look in both directions and listen for trains. Many crossings have multiple tracks so be ready to stop before crossing, if necessary. Cross railroad tracks only at designated crossings and only when it is safe to do so.

  • Expect a train on any track at any time traveling in either direction. If you need to stop after crossing the tracks, make sure your vehicle clears the tracks before you stop.

  • Never stop on the railroad tracks. Remember that a train cannot stop quickly or swerve out of the way. If you are on the tracks, you risk injury or death.

  • Some vehicles must stop before crossing train tracks, be sure to watch out for them. Such vehicles include buses, school buses, and trucks transporting hazardous loads.

  • Remember that flashing red lights means you are required to STOP! Stop at least 15 feet from the nearest track when the crossing devices are active or a person warns you a train is coming. Stop if you see a train coming or you hear the whistle, horn, or bell of an approaching train.

  • Do NOT go around or under lowered crossing gates even if you do not see a train. Wait for the gates to rise. If the gates are not working correctly, call the railroad emergency number posted near the crossing or notify the local police or California Highway Patrol.

  • The same rules apply for light rail vehicle crossings. Remember that light rail vehicles are very quiet and move faster than freight trains.

Streetcars, Buses and Trolleys

Many of us don’t prefer to sit in traffic, so this tempts us to drive faster and weave around slower cars or buses. This is not safe and can warrant a ticket. However, the passing speed limit only when safe to pass is no more than 10 mph. You must always consider the zone you are driving in and the conditions around where you are trying to pass. A safety zone is marked by raised buttons or markers on the road and is set aside for pedestrians. Always drive with caution and do not try to speed past buses, trolleys or other street cars if it is not safe to do so.

Business and Residence

Caution and speed limit around business or resident districts is similar to caution and speed limit around schools. The speed limit is 25 mph unless otherwise posted.

Animals

Just as you should use caution around other cars and people, the same respect and caution should be used for animals, stray or not. Anytime you see animals or livestock, slow down and obey the person in charge of the animals. If you see a stray animal in your path, slow down or stop, if safe to do so. Always following the speed limits and using caution when there are special road conditions is key. Driving too fast on a road and then swerving for a sudden stray animal that appears can cause and accident. Always handle with care and follow the rules of the road.

Hit and Run: What Should You Do?

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It is our sincere hope that neither you nor your loved ones ever experience the trauma of a hit and run accident. We may think that this could never happen to us, but sadly it does happen. If you are involved in an accident and the driver flees the scene of the accident, you deserve justice.

Everything happens so fast and depending on the severity of your injuries, the situation may arise where you need an ambulance to take you to a hospital right away. Whether the accident was minor or major do not panic, we have some tips for you to remember.

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Scene of the Crime

In California, once an accident has occurred and the driver flees the scene, it becomes a crime and it is illegal to flee the scene of an accident without stopping and providing your information. Whether the driver who hit you is uninsured, driving illegally, under the influence, or they did not realize a collision has occurred there is no excuse for fleeing. You might hear some people say, “I’ve heard that many hit and run accidents go unsolved.” This should not discourage you from trying to seek justice. 

  • First and foremost, if there are any injuries sustained by you or anyone else involved, call 911 immediately. Even if you do not suspect injury by you or any other person in your vehicle, it is still in your best interest to seek medical attention.

  • After assuring that there is no immediate medical attention needed and it is safe to do so, take a moment to observe your surroundings. Take notes of the scene and write down what you remember. It may be likely that you did not see the license plate or the driver who hit you however, if you happen to recall anything about the other vehicle, the driver, or maybe even a few numbers from their license plate, write down what you remember seeing before you forget.

  • Take pictures of your vehicle, your injuries, and the surrounding area. Do not underestimate the power of pictures especially when the accident has just occurred. Look at the scene, try to see if any debris flew off of their vehicle, a piece of their headlights, or any personal belongings.  It might seem like a long-shot but gathering as much information as you can could help.

  • Call the police immediately or at least within 24 hours so an officer can arrive at the scene and begin taking down a police report. This can be especially helpful for legal purposes later. 

  • Try to speak with any witnesses. If there were any witnesses, get their name and phone number. Maybe someone waiting for the bus saw the whole thing and they can give you some details about the car or the driver.

  • Of course call your insurance company and report the incident.

  • Take a look around at any local businesses like a gas station. It is likely that they have security cameras or street cameras.

If a situation arises where you were taken to a hospital by someone or an ambulance and there was absolutely no details taken at the scene, don’t let that stop you from seeking advice from an injury lawyer. If you are in the hospital recovering from your accident and time goes by without you having even returned to the scene, still seek advice from a personal injury lawyer.

There may be hope that with their expertise and resources that they can help you either figure out who the driver was or help you get compensation from your own insurance provider.

Stay Calm and Focus on Recovery

Being involved in any accident is scary and it can be especially frustrating if the driver takes off without owning up to what happened. We hope that you never have to experience anything like this but if this does happen to you or someone you know, the best thing you can do for yourself is focus on getting better.

If you have already called the police and you have already sought advice from an injury lawyer then you have taken a step in the right direction to get justice. But you owe it to yourself and your loved ones to remain calm, rest up and get better. Keep up with your medical appointments, call your doctor if your symptoms worsen, keep going to treatment and take care of yourself.

If you or someone you know is ever involved in a hit and run accident, remember that we are here to help you. Contact our office for a consultation.

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Your Injury Claim, Compared to Millions of Other Similar Claims

Plaintiffs looking for a fair and reasonable settlement to their personal injury claim are often frustrated by low settlement offers and prolonged delays in the resolution of their matter. This is, unfortunately, normal. Many people who are injured feel they are treated unfairly by the at-fault party’s insurance company and cannot understand why they are being offered such low amounts of money to settle their case. This frustration is a popular sentiment among people hurt in car crashes, slip and fall cases, premises liability matters, and basically all personal injury situations in California. If you were injured and it was not your fault, a peek into the personal injury settlement process can help you understand why your case is being handled the way it is, and what you can do about it.

With so many drivers on California roads, insurance adjusters see thousands of claims cross their desks. Making your claim be more than a number is the key to getting your injuries reviewed fairly.

With so many drivers on California roads, insurance adjusters see thousands of claims cross their desks. Making your claim be more than a number is the key to getting your injuries reviewed fairly.

It’s Not You - It’s The Millions of Other Cases

If you’re lucky, you never get in a car crash. If you are in a car crash and are injured, however, you will likely have the unpleasant experience of trying to pay for your medical bills, additional transportation expenses, lost wages, and many other costs associated with an accident that was not your fault. Unfortunately, even though the law provides a way for you to have all these expenses paid for by the person or entity who caused your injury, the chances you’ll see a check arrive in your mailbox that covers everything are slim. The reason insurance companies tend to offer small amounts to settle claims is because they can. That is, the great majority of people who are trying to settle their injury case on their own do not know what to do with a bad offer, and they cannot negotiate a fair and reasonable settlement on their own because they don’t know the true value of their case. 

Consider for a moment that you were injured in a California car crash, say for example in Orange County or Los Angeles County. These counties are home to millions of people. Over the years, insurance companies have handled millions of cases in California and throughout the country, and your case is compared to other similar cases. How? Insurance companies keep big data that shows what the estimated value of a case is. For example, the type of car you drive, your zip code, your ethnicity - it all comes into play, whether insurance companies admit this or not (they deny this). The facts of your case, such as the amount of property damage involved, the amount of your medical care, the type of crash, and many other factors, are often plugged into an algorithm that produces a number. This number is the basis for the insurance adjuster’s starting negotiation point; many lawyers suspect that some insurance companies do not even review the photos or read the documents provided to them. They plug in the numbers and run the calculation, and from there they use a number to try to get you to settle your case. 

What To Do With a Bad Injury Settlement Offer?

Because insurance companies see millions of claims, there is a sense the plaintiff’s case is not reviewed in great detail in the majority of situations. Also, because insurance companies keep big data sets that show the settlement values of similar cases, and because most plaintiffs or claimants don’t hire a lawyer or personal injury law firm to represent them, the settlement values are often quite low. That is, when a lawyer is involved, the value rises, as a good lawyer knows what a case like yours will likely settle for. In this way, because your case is compared to millions of other cases, the great majority of which were settled by the individuals by themselves who often don’t know the true value of their case, you are being given a settlement number that is low. 

If you were hurt and want to know what the value of your case is, the best thing you can do is talk with an injury lawyer. A personal injury attorney who practices exclusively injury law in California will be able to compare your case to similar case values that involved an attorney. They will be able to consider up to date trends in the courts, and correspond with a community of personal injury plaintiff attorneys to “round table” your case and give you an evaluation of what is fair and reasonable in your matter.

Putting a Face to a Name

Insurance adjusters can decide to offer you $10,000 or $100,000, or any number for that matter, depending on their evaluation of your case. If your lifestyle was greatly affected, such as if you are a caretaker or a parent to young children, or you had to miss work due to your injuries, it is hard for an insurance adjuster to put a number on that. What is that worth? The reality is that if your loss is not represented by a bill, the value given to lifestyle changes and hardships is often zero. Even though your life is turned upside down and you’re bogged down with bills you don’t know how to pay, or you missed out on a special occasion, or you can’t perform your parental duties or participate in hobbies that you previously loved - none of this matters if you can’t put a number on it. A good lawyer will be able to argue persuasively that these changes to your life can only be compensated by paying you money for your loss. How much is this worth? Personal injury attorneys who handle lots of cases know how to argue for fair and reasonable settlement value. Or, if the insurance company refuses to acknowledge your loss, a good lawyer will bring your case before a court and persuade a jury that you should be paid for your losses.

Of course, nobody wants to go to court. The best scenario for you if you are hurt and want to be treated fairly by insurance is to have the insurance company take your claim seriously, or give it priority. When you are represented by an attorney, the insurance adjusters will often pay closer attention to your case. This is because they know their conduct is being monitored. Personal injury lawyers know that insurance agents and adjusters are regulated by the State of California insurance code. Most people know there are rules as to what insurance companies can and cannot do, but they don’t know what the rules are. Car crash attorneys who practice only personal injury matters know the rules that adjusters are supposed to adhere by; when the adjusters aren’t doing what they are supposed to, they know, and they can fight on your behalf to make sure your case gets a fair review. 

Making Your Case Stand Out From the Other Cases

At the end of the day, the difference between a fair settlement and an unfair settlement is the attention given to your matter by the insurance company, and the exposure they think the insurance company has in the future. That is, if you don’t accept their proposals, what will happen? Will you simply go away? Will you hire a lawyer who will fight them and require them to spend a lot of time and money on your case? Could the insurance company be liable for millions of dollars due to a court verdict that punishes the insurance company for its bad behavior or failure to adhere to the insurance code? The best way to stand out, in the opinion of many, is to seek the counsel of a lawyer or law firm that knows the true value of your case. Injury lawyers in California usually do not charge for an initial consultation, and the advise you can get in that time could be the difference between something fair and something that is pennies on the dollar for your claim. 

How to Choose an Injury Attorney

Before you sign a contract with an attorney, consider that your attorney will be an individual or office that you may communicate with on and off for several months, or several years, depending on the nature of your injury. Are you talking to a lawyer, or a salesman? Is the person you’ve been dealing with the same individual you’ll be talking to in the future? Is the law firm you’re considering a firm that focuses on only injury cases, or are they a jack of all trades, do-it all firm? If they claim to do all types of cases, what are they chances they have the experience and up to date knowledge of personal injury case values throughout California? Most lawyers would agree that the best thing would be to speak with an attorney who is willing to discuss your case, give you a fair evaluation, and can tell you who the attorney that will be handling your matter in the future is. 

 

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.