car accident

Treatment for a Car Accident Injury: How Long Can You Treat?

One of the most frequent and important questions regarding treatment for an injury stemming from a car accident is how long you can treat and expect that the at-fault driver's insurance company will pay for your treatment. Some injuries, such as a broken bone, may be fairly predictable, while other car crash injuries may take significantly longer to mend.

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Big Picture: Treat Until You're Healed

The law basically says that if you were injured and it was not your fault, it is the other party's responsibility to make you whole again. This has been interpreted to mean that you should essentially be put back in the same position you were before the car crash. One way insurance companies avoid paying medical claims from car crashes is by saying that your injuries were "preexisting conditions," or in other words, you already had the ailment or were hurt in that area of your body before the car crash. If that is true, the insurance company (who steps in for the actual driver who caused the crash), does not have to pay for your medical bills relating to a preexisting condition. But what if you were injured in an area of your body that was already painful or hurt, and now it is worse?

Aggravation of Preexisting Conditions

Nobody is perfectly healthy, and the older we get, the more ailments we tend to have. For example, it is common for older people to have back pain. So if you have back pain before a car accident, does that mean that you can't receive medical treatment for the pain if it is now worse than it was before your car accident? California courts have taken the approach of looking at what is fair and reasonable, and consider whether the treatment received is medically necessary. Thus, if you had a bad back before the crash, but it has gotten worse, you should be able to seek treatment. After all, the increase in pain cannot be attributed to you being older, but directly relates to the car crash. Thus, California residents (and this is the same for those living in Southern California as in Northern California) should consider getting medical help and treatment for the aggravation and exacerbation of prior injuries if it is reasonable and medically necessary.

Examples of Treating Prior Medical Conditions

Consider that some people are involved in multiple car crashes. After all, California roads are among some of the busiest in the country, and some of our cities, like Los Angeles, Orange County metro area, like Irvine and Costa Mesa, see millions of drivers every week on their thoroughfares. Thus, some people experience a car wreck more than once. What if a person is injured, received medical treatment and is feeling better, and then gets in another car accident that is not his or her fault, but is injured in the same way again?

If the injury is in the neck and back, the individual will likely follow this type of treatment: a visit to a doctor, which may include going to the emergency room or an urgent care, but often is simply a visit to your primary care physician; then, perhaps they have an x-ray taken, or an MRI, in order to find out the extent and severity of the injury; next, they may go to a chiropractor or pain management doctor and try to heal their injuries through therapy; finally, if necessary, the individual may have a surgical procedure, such as a fusion surgery, or receive a stem cell injection, or an epidural injection. There tends to be a chronology of care that increases in seriousness as the treatment continues. Nobody wants to have an epidural injection, or have an invasive procedure like surgery on their back. However, if the pain a person feels continues, they may elect these procedures.

How do Insurance Policy Limits Play In?

The more treatment an injured person receives, the more expensive it will be. The more intensive the treatment, such as surgery or injection of an epidural or stem cells, the more costly the care is. But what happens if there is not enough money in the at-fault driver's insurance policy? The basic answer is that the at-fault driver's insurance company can rarely be made to pay you more than what their insured's policy limits are. Thus, if the individual who caused the crash was insured for only $15,000, at the end of the day, that is likely the most the insurance company will pay for your medical bills. Of course, if there is a bigger insurance policy, and your injury requires more costly medical care to recover from, then the insurance company will be made to pay more to make you whole again.

It does not seem fair that the same injury can settle for different sums of money, but consider a situation in which two people have the same injuries, but one was injured by someone with a million dollar insurance policy, and the other person was injured by someone with a $15,000 "minimal" policy (in California, to legally drive on California roads, $15,000 is the minimum amount of liability coverage individuals need to be insured for). Now, consider that the two people both need a surgery that costs $50,000. The individual who was hit by someone with a million dollar policy will be able to get the surgery and can reasonably predict the insurance company will eventually be made to foot the bill. The individual hit by the driver with the minimal insurance policy may elect to get the surgery, but how will they pay for it? If the insurance company pays the $15,000, what happens to the remaining $35,000 of the bill? And what about pain and suffering, lost wages, and future medical treatment?

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How an Injury Attorney Can Help

Most people don't know how to proceed in a situation such as the example shown above - even finding out how much the at-fault driver is insured for can be a great challenge to people who are not represented by an injury lawyer. The good news is that injury law firms usually work on a contingency fee basis, meaning whatever money they are paid comes out of what they win. For example, most injury lawyers will pay all the costs on a case up front, and won't get pain anything until they win your case, so you're never left writing a check to your lawyer, not knowing whether you'll actually win in the end or not.

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An injury attorney can help you compare your situation to other cases, and can help advise regarding policy limits, jurisdictional issues (a case in San Francisco may play out differently in court than it would in Los Angeles County, or Orange County), and other questions you might have. Regarding how long you should treat, a good injury lawyer will be able to get into the details about your prior injuries or ailments, and will help you understand the process of how injury cases are handled, including what the general value of your case may be, and whether or not your case is one that will likely go to trial or not. 

Ask More Questions

The more you understand how the injury claims process works in California, the better position you will be in to make wise and educated decisions. If you're like most people, this is new territory. Fortunately, injury lawyers and most injury law firms have seen hundreds and sometimes thousands of cases, and their attorneys can compare your case with the outcome of similar cases. Without knowing how similar cases worked out in the past, you will have a hard time making educated decisions regarding your treatment. For this reasons, many people find it helpful to discuss their injury with a car crash lawyer, even if they don't decide to hire the lawyer. The more you know, the better you'll be in the long run, and that is never more true than when it comes to treating your car accident injury.

 

 

The Most Dangerous Cities in California: Why, and What You Should Know

California residents are no stranger to the topic of crime and danger, as many cities in California have a reputation of being busy, densely populated areas, which are sometimes affiliated with high crime rates. How much of this stigma is true, and should you worry about it? A recent article discussed the data and ranked the ten most-dangerous cities, adding data to the discussions and resulting in some surprising results. While the article focused on crime rates and property crime, it failed to take into consideration a few key data points, such as number of traffic accident fatalities.

The California "Dangerous Index"

First, the California cities shown on the index below obviously are home to many residents, but not all the cities are major towns. For example, of the most dangerous, according to this index, only Barstow, San Bernardino, and Santa Cruz are actually large communities. Emeryville, which is the most dangerous California city, is home to approximately 12,000 people; Red Bluff is home to approximately 14,000 people, and Commerce being home to only about 14,000. Also take into consideration what the study is measuring - property crime. Commerce, California is an industrial and shipping city, so there are hundreds of warehouses, so it makes sense that there would be more property crime there.

Consider Other Factors

The authors of this article were direct in saying their article was "infotainment," so it is not by any means meant to be a conclusive study. However, if you're wondering what other factors to consider about whether a city or region in California is safe or dangerous, crime rate, including violent crime, car accident rates, fatality rates for youth and adults, and other metrics should be taken into account. For example, consider that the total number of car accident deaths in a single year (2013) in Southern California were as follows: Los Angeles County, 630 traffic deaths; County of Orange, 185 traffic deaths; Riverside County, 225 traffic deaths; San Bernardino County, 264 traffic deaths; County of San Diego, 201 traffic deaths. When considering where to live in California, this statistic may be more insightful into the safety of an area than the rate of property crime.

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It is also important to remember that statistics often are over general. For example, in 2013, 32 percent of all drivers killed in a car crash in California tested positive for drugs, legal and illegal. So even if an area has a high number of traffic related deaths, it does not mean that area is necessarily inherently dangerous, because in many of the statistics, personal decisions were involved, such as the driver who ends up dying in a motor vehicle accident being the one who decided to take drugs or drive while under the influence of alcohol or prescription medicine. 

True Threats to Safety

When deciding where to visit or live in California, people serious about making the move or visit will obviously look at many factors. Of course violent crime is an important statistic to look at, but many California cities have low crime rates compared to similarly sized cities in other states or part of the country. Consider the number one cause of death of adolescents is unintentional injury, and in that category, traffic related crashes resulting in death are the number one cause of death. So whether or not an area is safe to drive in may be a bigger threat to your family's safety than the property crime rate. Of course, the more cars, the more car crashes, and the more injuries related to car crashes are likely to happen. Because California has so many residents living in many large cities, there are lots of traffic related deaths in these cities, such as Los Angeles, Orange County, and the Bay Area. 

 

Unintended Consequences of Car Modification

Most car owners who modify their cars are aware that the modifications tend to decrease, not increase, the value of their vehicle when they want to sell it. Why is the vehicle worse less money after modification, when modification can cost a lot of money? Your tastes are unique and don't necessarily match the tastes of other drivers. But there are several even more important reasons to carefully consider any modification to the external appearance of your vehicle.

This is how law enforcement may perceive you, regardless of how you're driving

This is how law enforcement may perceive you, regardless of how you're driving

Safety First

People change the appearance of their vehicle to get a certain look, something perhaps sportier than the original version. Or, maybe they want to stay up to date in trends of color and wheels. But many car owners may not consider that their modifications can have safety implications, and may not even be legal. For example, you may have driven behind a vehicle that has darkened plastic covering their rear lights, usually on a dark colored or black vehicle. The appearance makes the car look more uniform in color, as the back lights are less pronounced. What you may also have noticed is the brake lights are not as bright on these vehicles. Owners of these vehicles risk being rear-ended due to their brake lights not being bright enough, resulting in the driver behind them not being aware that the car in front is braking. 

Some modifications, like tinting light covers, especially brake light covers, can be illegal. There are millions and millions of vehicles on California roads, so what are the chances a driver of a vehicle with illegal brake light modifications will get pulled over? Maybe slim. But the chance that they'll get in a car accident certainly rises, posing a public safety hazard. This is why this particular modification tends to be against DMV standards. Also, if the vehicle has modifications that contributed to the crash, even a rear-end accident that results in injury, liability will almost always go against the car that has the modification. Thus, if you modify your car and are injured, the chances that you're placed at fault are high. Then, in many cases neither the other party's auto insurance, nor your own, will pay for your medical expenses.

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Also consider that seemingly minor modifications, if enough to convince a police officer or California Highway Patrol officer that your vehicle's appearance had something to do with causing the crash, you may be liable for any injuries caused to other parties. A car modification to make your vehicle look "cool" may not feel so cool, after all.

Visibility is Good, But Excessive Visibility is Bad

Some car owners have followed trends shown in the "Fast and Furious" movies, and other car racing movies, and install neon lights under their vehicle. Again, these modifications tend to be illegal, and the owner can be tickets. If the owner is ticketed on multiple occasions, the car may be impounded and their license suspended. What's the big deal of a little neon light? First, if you have neon lights under your car, the vehicle is very visable - too visable to other drivers, in fact, making it a distraction and a safety hazard. If you cause an accident and the other party says they were distracted by your lights, you're unlikely to convince the California Highway Patrol that your under-carriage lights had nothing to do with the crash. In fact, many California injury attorneys will attest that in almost every case where one of the vehicles has significant modifications, that vehicle is placed at fault on the police report.

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The Presumption of Guilt

Stereotypes are often unfair and inaccurate, but they still matter. You  may have an impeccable driving record and be an upstanding citizen in every way, and a great driver, but if you're involved in a crash that injures someone, the appearance of your vehicle matters. It may not seem fair, but California injury lawyers almost unanimously agree that the appearance of your vehicle comes into play when deciding who should pay for the damages. An extreme example may be helpful: if you're driving a sports car with bright paint, modified wheels, and other changes to the vehicle, and you're involved in a crash with a brown minivan, and the driver of the minivan says you were speeding and driving crazy, who do you think the police officer is going to believe? And modifications sometimes aren't needed at all: a sports car involved in an accident with a more "normal" car will often result in the sports car driver being put at fault.

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Which Modifications Matter?

If your tint is too dark, you can expect raised suspicion by the officer who makes the car crash report. If you have after-market wheels on your car, that will also likely go against you. This is not fair, of course, as the kind of rims on your vehicle likely had nothing to do with causing the crash, but these statements are made based on many years of observation by experienced California car accident lawyers who have dealt with thousands of injury cases. Under-carriage lighting, especially neon, is a big no-no; if you want to do this to your car, it is recommended that you don't drive with the lights on. You're asking for a ticket, at a minimum, and if you're involved in a car crash and someone gets hurt, your chances of not being put at fault are very low. Don't tint your tail lights; it's most often against DMV code, and it often results in rear-end accidents. Flashing lights on the interior that can be seen from outside are a big no-no. Basically anything that could distract other drivers and are not necessary to the safe operation of your vehicle are frowned upon by law enforcement, and do in fact contribute to car crashes. Mirror paint, or metallic paint jobs can often be distracting (this is, of course, obvious and on purpose), and the drivers of these vehicles will often attest that the number of tickets and perceived harassment by law enforcement is simply not worth it. Not to mention, most of these chances to your car are expensive, some costing many thousands of dollars!

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What if You're Involved in an Crash That Results in Injury?

If you were injured in a car crash, there are a lot of things to consider right away: your health, your auto insurance, the other driver's auto insurance, a police report or California Highway Patrol report, medical bills, lost wages - the list goes on and on. Most people have a decent idea of where to start and how to go about it, but there are endless loopholes designed to keep money with the insurance companies and out of your pocket. A call with an experienced car crash lawyer who practices in California may be beneficial. Also, if you were driving a modified vehicle and were involved in a crash where someone was injured, you  may benefit from speaking with an attorney, especially if you feel you were unfairly put at fault. Speaking with an injury law firm may save you a lot of time, headache, and money in the long run, and most lawyers offer these consultations at no up front cost.

The Lions Injury Lawyers practice injury law, and have seen many of the examples contained in this blog post play out in real life cases. If you or someone you love was involved in an accident that resulted in injury, you owe it to yourself to discuss the matter with an attorney, if only to reassure yourself you're going about things properly. The Lions Injury Lawyers represent clients throughout California, from San Diego all the way past San Francisco and including the Inland Empire and more remote parts of California. 

 

Holiday Parties, Drunk Driving and You

At no other time of the year are more people celebrating with friends, coworkers, and loved ones, and many of these celebrations include lots and lots of alcohol. As your mother likely said at least once, it isn't you she's worried about, it's the "other guy." Tragically, every year there are thousands of drunken driving accidents throughout the state of California, and every year innocent people die due to the negligence and carelessness of others. While being hit by a drunk driver may seem like an entirely unavoidable happening, and sometimes that is the case, there are a few things you can do to lessen the chances of your being involved in a drunk driving crash.

Be Aware of your Surroundings

The first thing you should remember is if you're driving during Christmas and New Year's, especially in the evening time, there is a higher chance a driver near you is intoxicated. That may sound paranoid, but awareness to your general surroundings while driving during the holidays (or any other time of the year, for that matter), may be the difference between being involved in an injury-resulting car crash, and not. Watch for erratic driving, drivers not using headlights, drivers with their high beam or brights on, and any other unusual driving behavior.

Drunk Drivers Are Out There

Especially when you're driving at night, and especially around highly populated areas that have a high concentration of restaurants and bars, you should just assume that at least some of the other drivers on the road have been drinking.  If you assume this, your best bet is then to look for unusual behaviors, and to keep your distance from other cars. Don't drive too close to anyone. For example, even if all the cars around you are fine, if you're rear-ended at a high speed by a drunk driver from behind, if you're too close to other cars, the crash is much more likely result in injury or death. Drive with plenty of open space around you, and stay out of the left lane if reasonable and possible.

Use Lyft or Uber, and Request Your Ride Early

Lots of people attending holiday parties plan on using Uber or Lyft, but they sometimes forget that there are only so many ride hail service cars on the road, and sometimes the wait can be long and frustrating. Unfortunately, sometimes people who at first request a ride hail service like Uber or Lyft simply get tired of waiting and decide they're in good enough condition to drive. These same people end up injuring or killing others when they drive. Plan ahead: some ride services allow for scheduling ahead of time. Or, leave a little earlier than when most people will be leaving and ensure you'll be able to get a car. Finally, even if it is your habit to hail an Uber or Lyft, don't forget that traditional taxi services are still out there in many cities, and there may be a taxi available even if the other services are not.

Let the Driver Drive

Don't be a distraction to the driver. This applies to your Uber or Lyft driver, or your sober driver. Your driver has enough to pay attention to - don't be an annoying or disruptive drunk in the back seat that makes his or her job more difficult.

If Injured, Document Everything

If you're unlucky enough to be involved in a car crash this holiday season, take care to document as much as you can. This means taking photos of the scene, and calling the police or California Highway Patrol if the facts of the accident make such a call reasonable and necessary for your safety. Don't assume it will get sorted out in your favor in the future, even if the cause of the accident seems obviously not your fault. Go to Urgent Car, the Emergency Room, or your primary care health provider as soon as possible if you were injured. Any delays in treatment will allow the at-fault driver's insurance company to deny liability, which means the can avoid paying for your medical treatment. Auto insurance companies are very likely to believe their insured's version of events. It is common for even drunk drivers to tell their insurance they did nothing wrong; the auto insurance then sides with their insured, and you have to fight to make things right. If it was not your fault, in the end, the law entitles you to money for your medical bills and your pain and suffering.

California Injury Attorneys: What to Look For After a Car Crash Injury

Don't go it alone against sophisticated car insurance companies when you were injured in a crash. The tricks the insurance companies use are far too complicated, and they use so many of them, that even the highly educated and savvy person will have little chance of settling for fair value on their own. This means if you try to settle the case on your own, you are likely leaving money on the table, and accepting less than fair value for your injury case. You should look for an injury law firm that specializing in personal injury claims, has experience in California, and is able to communicate with you regularly from the time of the crash until settlement.

The Lions Injury Lawyers represent car accident victims throughout the state of California. Their staff and attorneys will assist you every step of the way. Questions about your crash, what to do (and what not to do)? Talk with an attorney at The Lions today, and move forward with confidence that you're setting yourself up for success. You've already gone through what should be the hard part - a car crash that results in injury can turn your life upside down. Don't let the aftermath be worse than the crash and injury. Get the healthcare you deserve, make sure you don't walk away with debts you cannot pay, and get money in your pocket for the pain and suffering you've experienced.

 

 

Dealing With Your Car Insurance After A Car Crash

Despite writing that monthly check to your auto insurance for liability and injury coverage, most people are understandably confused regarding what happens following a car crash when it comes to speaking with insurance. The assumption is that everything will be taken care of. After all, that is why you pay for insurance, right? And if you were not at fault for the car crash, why would you have anything to worry about? Unfortunately, reality is less cut and dry, and there are several things you should (and should not do) when communicating with your insurance provider following a car crash, especially an accident that resulted in injury to you or your passengers.

What Does Your Insurance Cover

In California, the state minimum policy, or the least amount of insurance you need to legally drive in the state, is a 15/30 policy. This is the amount of insurance coverage that is likely to cost you the least amount of money. What do the numbers mean? The 15 represents $15,000 for bodily injury you cause another individual. That is, if you injure someone, your insurance will pay up to $15,000 towards their medical bills and pain and suffering. This amount must cover everything, and is the maximum amount of money any one individual can recover as a result of an accident that was your fault. Even if that person's medical bills exceed $15,000, that's the most your insurance will pay. If you were injured by someone who has this insurance policy, the most you can recover from their insurance is $15,000. Even if your medical bills are extremely high, let's say $500,000, you will only get a check for $15,000 (in the best case scenario) from the at fault driver's insurance. 

The second number represents $30,000, or the total amount that your insurance will pay towards injury claims from a given accident. This means if there were multiple people injured, they must divide all their claims into the $30,000; if, for example, ten people were hurt, and each have $100,000, the total amount any one person can get is $15,000, and the entire group's net recovery cannot exceed $30,000. Given the high cost of medical care, a 15/30 or "bare minimum" insurance policy may not be enough to cover the medical bills and pain and suffering of those involved in the crash.

Will Your Insurance Premiums Be Increased?

The short answer is no, not automatically. This depends on whether you were at fault, and whether you were issued a citation or ticket from the California Highway Patrol or another law enforcement office. The amount you pay for car insurance depends on what you use your car for (business or pleasure), what kind of car you drive, where you live, what your driving/criminal records looks like, among other factors. If you were not at fault in a car accident, you should not see an increase in your insurance premiums. If you were at fault, you will likely see an increase. This is because it will cost more for your insurance company to insure you, and you are a greater risk of costing more money to insure in the future.

When Should You Report A Car Accident To Your Insurance?

Most people don't want to talk to their insurance because they don't want to see their bills increase. However, if you were injured, or someone else was injured, you should call your insurance company. Also, if property damage exceeds $500, or is likely to exceed that amount, you should call your insurance company. Some insurance policies (the "contract" between you and your insurance) require you talk notify them immediately after any motor vehicle collision.

What Should You Say To Your Insurance Following A Crash?

They need to know where it happened, when, any contact information from the other vehicles involved, and a basic explanation of the crash. That's it. You do not need to try to explain everything. In fact, doing so is likely to hurt you more than help you. Don't accept fault for the accident, and don't give a full list of possible injuries to you or anyone else. If you were injured, say you were injured and you have not yet visited a doctor. If you give a detailed accounting of injuries, you may miss something, and you will most certainly not give an accurate accounting of your injuries when compared to your medical records. This enables insurance adjusters to deny payment towards medical treatment later. You therefore shoot yourself in the foot by trying to be helpful. 

What Shouldn't You Say Following A Crash?

First, make sure you're safely off the road and are emotionally in a good spot. Too many people try to get on the phone with their insurance when their vehicle is still in the roadway, or they are in shock and still flustered from the accident. Take care of yourself first.

  • Don't admit fault. Just don't give your opinion. State the facts as simply and straightforward as you can. 
  • Don't say you are uninjured, or were not injured. If you feel pain a day or two later, which is very common, you may negate your ability to recover in the future. If you have medpay, or excess liability coverage, for example, your insurance policy that you've been paying for may cover you. It won't cover you if you make a statement that to you seems harmless, but allows your own insurance company do deny payment later on. 
  • Don't give a recorded or "official" statement. It won't help you and it can only hurt you. Sounds overly critical of insurance company, perhaps. But attorneys that handle car accident injuries regularly in California have seen time after time cases where the injured person makes a seemingly harmless recorded statement that is later used against that person. If you make a recorded statement (some insurance providers require this), you should do so only after consulting with an attorney. 
  • Don't estimate. Communicate the facts and stick to that. The more you try to connect the dots, the more likely you are to make a statement that although it sounds harmless to you, will prejudice your case in the future. This means it will work against you in the future. Keep it simple.
  • Don't sign medical records or releases. The insurance adjuster may say this is required, but it is not. You should consult with your attorney prior to signing medical release forms. 

Don't Settle Without First Consulting With An Attorney

Above all else, if you are considering settling, you should first speak with an injury law firm or an attorney who handles injury cases. Even if your case seems simple and straightforward, there are many loopholes that allow insurance companies to settle for less than fair value. If you don't know any better, you are likely leaving money on the table. Settling without an attorney almost always means you will get less money in your pocket. 

Depending on the facts of your case, you may be leaving large amounts of money on the table that you don't even know about. This is money that you have been paying for as part of your insurance premiums, or is money that the at-fault party is covered for. Remember, insurance companies are for-profit businesses. They want to spend as little money as possible on your claim. The less money they spend on your case, the more money they keep in the business. However, this does not mean you are getting a fair settlement for your California injury claim. Don't pad the pockets of the insurance company by accepting less than fair value. 

California Car Accident and Injury Attorneys

The Lions Injury Lawyers, P.C. handle injury claims throughout the state of California. The lawyers at The Lions Injury Lawyers do not work on other matters, but focus exclusively on injury cases. This means they have the experience and knowledge to help you get fair compensation for your injuries. If you or a loved one were injured, the attorneys at The Lions Injury Lawyers will answer your questions free of charge. All representation is done on a contingency fee basis, meaning you will never have to write a check or pay for your attorney out of pocket. Your fee is taken as a percentage of the amount your attorney wins on your behalf. If your attorney does not win, you owe nothing for the services provided. Also, you will speak directly with an attorney, not a salesperson. Don't sign up with an injury law firm after speaking with only a salesperson. Salespersons are fine at selling tires and perfume, but when it comes to your health and financial wellbeing, you deserve to speak with an attorney. Contact The Lions Injury Lawyers today for a free consult.

Navigating Your Car Accident Whiplash Claim

Thousands of car accidents occur each day in California, and many people involved in these accidents are injured as a result. The most common injury that results from being involved in a car accident is whiplash. Although whiplash is the most common complaint by injured persons involved in car accidents, it is an often misunderstood and misdiagnosed injury. It is also the injury that the at-fault driver's insurance is most likely to dispute and refuse payment towards treatment for.

Whiplash is the most common injury following a rear end accident

Whiplash is the most common injury following a rear end accident

What is Whiplash?

Whiplash is essentially neck strain and sprain that occurs when a driver or passenger's head is violently jerked backwards or forwards as the result of a car crash. The neck muscles and ligaments are strained as a result of the collision. Severe whiplash may also include damage to discs in the cervical spine, torn and ruptured ligaments, and even fractures in the vertebrae. Whiplash can be a serious, life altering injury, however many people who suffer whiplash assume the pain will go away after a few days, and they fail to document their injury in a way that will enable them to recover from the defendant's insurance company.

Symptoms of Whiplash

Whiplash can take several days to set in, and the resulting pain can last for the rest of your life if you do not treat it appropriately. Here are a few symptoms to look for:

• Neck pain and stiffness

• Loss of range of motion in neck, back, and arms

• Headaches, especially those with dizziness and vomiting

• Tingling and numbness in arms and hands

• Pain in your arms, shoulders, neck and back

• Other symptoms may include ringing of the ears, blurred vision, memory and concentration difficulties and abnormalities, difficulty sleeping, moodiness and lack of patience, anxiety and depression.

An MRI of the cervical spine is often required in order to evaluate the severity of a whiplash inury

An MRI of the cervical spine is often required in order to evaluate the severity of a whiplash inury

Treatment for Whiplash

If you were injured in a car crash that resulted in whiplash, you were likely hit from behind, meaning you were not at fault and you will be able to pursue the other driver's insurance company to have your medical bills paid. Unfortunately, the insurance company will not simply believe that you are injured and write you a check. You must seek appropriate, reasonable medical treatment as soon as possible after the car crash. Your injury will be attributed to age, pre-existing conditions, degenerative conditions - really anything other than the car crash, if you do not seek proper treatment and the medical professional makes note that you were involved in a car crash.

Proper treatment usually involves visiting your primary care physician within a day or two after the crash. This is impossible for most people due to scheduling. You should visit the Emergency Room or Urgent Care facility as soon as possible if you cannot get an appointment with your primary care physician shortly after the crash. Fortunately, especially in Southern California and Orange County, there are an abundance of 24-hour Urgent Care facilities that are equipped with the proper staff to evaluate the severity of your injury.

What if You Can't Afford Medical Treatment?

You likely did not see the car crash coming, and you probably don't have a couple thousand dollars lying around just in case you need medical care following an accident. If you're like most people, you will benefit from consulting with an injury law firm in California that handles car crash cases. An established and reputable injury lawyer will know of doctors who will treat you on a lien. This means the attorney vouches for your case, and the doctor agrees to be paid out of the settlement, rather than being paid up front. This also means you may receive state of the art care at no up front cost to you. Fortunately, many facilities that accept car accident attorney liens are privately owned and operated, and are able to provide the very best medical care available.

How to Document Your Injury

The most important documentation comes from your doctor's office or hospital or urgent care. Thus, the most important step you can take towards better health and financial recovery for your injury claim is to visit a doctor immediately. Sometimes whiplash does not become painful for several days after an accident. If this is the case for you, you should still go to a doctor as soon as the pain becomes bothersome and persistent.

Pursuing Your Claim

If you or someone you know has been injured in a California car accident and is trying to recover physically and financially, contact The Lions Injury Lawyers today for a free consultation. The injury lawyers at The Lions are skilled and experienced in arguing on behalf of their clients to receive fair and reasonable compensation for car accident injuries like whiplash. The Lions main office is in Newport Beach, California, but the firm represents injured persons throughout the state of California. Call (949) 329-5000 today for a free consultation with an injury attorney.

 

 

Driving on Wet Roads

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Yesterday brought the first rain of the fall and winter season to Orange County, California, and the rest of the state begins to experience increasingly wet weather as well. Last year around this time the state was still gripped in drought, but the 2016-2017 wet weather season brought precipitation to the state in amounts not seen in decades over such a short period of time. Will this year bring the same amount of water to California? Perhaps not, but it doesn't take record rain and snowfall to create havoc on our roadways and transportation systems. A few tips on driving and commuting in wet weather may serve you well.

Slower Braking

What is the most common car accident? The rear end accident. Every day throughout California, thousands of drivers fail to brake in time and end up slamming into the car in front of them. Sometimes both drivers walk away without injury, while other car accidents of the "rear ender" variation can result in serious injury, and not just the driver or occupant of the car that is hit. Sometimes, the driver of the car that initiates the collision by failing to brake in time is also injured. Passengers from both cars are regularly injured from rear end accidents. The cause of these common accidents is a failure to brake in time. When traffic is busy and people are in a hurry, bumper to bumper traffic can progress hour after hour without a collision. However, when there is water on the roads, drivers cannot stop their cars as fast as they can in dry conditions. And, if you have been driving on wet roads and not needed to brake, when you do finally brake, it may be too late to realize you needed more time to stop.

How To Brake In Wet Weather

The first recommendation is that you must have plenty of space. The more distance you have before you need to stop your vehicle, the better. If your car doesn't have antilock breaks, you should pump your brakes. This can be helpful even if your car is equipped with antilock brakes, as it will prevent your car from sliding. Making sure your vehicle has proper tires is also important. If you are driving on "bald" tires on wet roads, you will not be able to stop as quickly as you would driving a car with tires that have proper treat. This is a danger to people driving around you, and should be taken seriously. Finally, you should not "slam" your brakes, or brake hard during wet weather, as this tends to cause slide, where you are out of control. 

Proper Lighting

Although unrelated to your ability to brake, making sure your rear tail lights are operating properly can be helpful. Consider that visibility is diminished in rainy or foggy conditions, and that in diminished daylight hours or at night, the vehicles following you have less time to stop as it is. If your lights aren't working, they are more likely to hit you. You may avoid injury by simply making sure the bulbs in your brake lights are working properly. Also consider what kind of lights you have on your car. If you purchased your car on the secondary market, popular modifications to darken the brake lights have become increasingly common. Many of these aftermarket modifications do not meet California DMV safety standards, yet many cars still use them. The effort is to make the aesthetic of the car appear darker. If you purchase a black or grey car, and the previous owner installed these brake lights, you should be certain the vehicle is legal as per California DMV safety standards. These brake lights are simply not bright enough in normal driving conditions. In wet and rainy weather, they can be almost impossible to see the brake lights, creating a danger to the driver.

California Car Accident Injuries During Wet Weather

More people tend to be injured as a result of rear end accidents this time of year in California due to changing driving conditions. If you were injured, you should seek immediate medical attention if you need it. Do not worry about placing blame on the driver who hit you. First, attend to your health. Even though common "rear end" accidents tend to establish the at-fault driver as the rear car, modern trends by insurance agencies show that they are denying injury claims on rear end accidents if there is not expensive property damage to your vehicle.

If you were injured in a California car accident during the intermittent wet weather, you may need to discuss your case with an injury attorney in order to be compensated fairly by the at fault driver's insurance. The Lions Injury Lawyers handle car accident cases throughout California, from San Diego to Orange County, Los Angeles to San Francisco-Bay Area. The car crash lawyers at The Lions Injury Lawyers are familiar with the tricks and tactics by bodily injury insurance adjusters, and their lawyers will help you navigate your injury claim. To speak with a car accident lawyer about your injury, the attorneys at The Lions Injury Lawyers are ready to discuss your claim today.

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Injured in a Low Impact Crash? What You Should Know

Insurance companies would love for you to think that the only car accidents that can cause injuries are high impact collisions. To be sure, it is easy to claim a high velocity impact resulted in injury. Insurance adjusters are known to look at the photos of the vehicles involved and make a judgment as to how severe the injuries involved are likely to be. However, California courts have consistently awarded high verdicts to plaintiffs who were injured in low or moderate impact collisions.

What's the difference between 'high impact,' 'moderate impact' and 'low impact'?

There is no objective measure of whether an impact is high or low, or somewhere in-between. A police officer's report may make mention of the rate of impact, but otherwise this is largely determined by an insurance adjuster, based on statements from the involved parties. More likely, however, they are prone to simply looking at photos and making a determination. What you say is moderate impact may be considered high or low impact by someone else.

Why does it matter?

If an insurance adjuster says you were involved in a low impact collision, they are likely to either deny your injury claim altogether, or at best offer you a small amount of money to settle. This simple, subjective categorization by an insurance adjuster can severely limit the amount of money the at-fault party's insurance will pay to cover your medical bills and pain and suffering.

What if you're injured in a 'low-impact' auto accident?

If you were injured and it was not your fault, you're entitled to have your medical bills and pain and suffering paid by the at-fault driver's insurance. A good personal injury attorney will argue on your behalf and make sure you're not taken advantage of in reaching a fair settlement. First, you should consult an injury attorney. You should also seek reasonable and necessary medical treatment as soon as possible. This is extremely important, as insurance companies love to tell claimants they waited too long to seek medical treatment. See a doctor as soon as possible. This will put you on the path to recovery, but it will also document your injuries, a crucial part of any injury claim.

What About 'Pre-Existing' Conditions?

Sometimes, even a low-speed collision can result in great injury. For example, if you are recovering from a surgery, and you're hit from behind, the impact may aggravate a 'pre-existing' condition. The person who hit you did not know you were recovering from a surgery, but they are still liable for aggravating your delicate condition. Cases like these can be complicated, but an experienced car accident attorney will provide invaluable guidance. If it was not your fault, but you were injured, a personal injury lawyer will likely be able to make sure you're able to recover what the law entitles you to.


The Lions Injury Lawyers have successfully recovered large settlements in personal injury cases that were the result of so-called 'low-impact' collisions. We recovered $100,000 on a case where the damage to our injured client's car was $1,200. How? The injury was legitimate, and the client's medical records clearly showed that the injury was the result of the car accident. If you were involved in a California car accident and were injured, even if the damage to your car was not severe, give us a call at (949) 329-5000 for a free consultation.

10 Things to Remember if You're in a Car Crash

What Should You Do?

The minutes and hours following a car accident can be a confusing blur. Assuming you've moved your body outside the zone of danger, there are a few things you can do to help avoid conflicts regarding the facts of the accident:

1. Seek Medical Attention.

  Yes, there are other things that are important, but be sure to take care of your health first. Try to take a few deep breaths and evaluate your physical condition. Do the same for your passengers. 

2. Decide Whether to Move Your Vehicle.

If you're on a highway or freeway and you're safely able to do so, most jurisdictions prefer parties involved in the accident to move their vehicles off the roadway. If, however, you're unsure of the safety of doing so, leave it there. Some vehicles are obviously unmovable due to damage caused by the accident, so don't force the issue if the vehicle won't move. If possible, take photos of the scene from multiple angles prior to moving your vehicle.

3. Contact law enforcement.

Usually, this means calling 911. There are many reasons that having a police officer or highway patrolman take an official report may be helpful. 

4. Exchange Insurance Information.

Be sure to exchange information with all involved parties, not just the party you think is at fault. Don't forget to get drivers licenses as well. Most people drive with cell phones that have cameras, so the exchange of information is easier now than ever before. 

5. Take Photos.

You should take photos from multiple angles of all vehicles and the surrounding areas. If possible, do this prior to moving vehicles from where they came to rest after the accident.

5. Witnesses.

You may think it is obvious who caused the accident, but it is always important to have the contact information of witnesses, just in case there is a conflict later on about who caused the wreck.

6. Call An Injury Attorney

Nearly all injury attorneys give free consultations. A short phone call to an injury attorney will help you determine how to move forward. If you were injured, an injury lawyer will know the best path forward, and will be able to give you advice and counsel as to how to best proceed with your claim.

7. Call Your Insurance Provider

Most insurance companies require you to report all accidents involving your vehicle.

8. Don't Talk

Do not talk to the other driver's insurance company. You should never give a recorded statement to the other party's insurance carrier without first consulting an experienced injury attorney. There are countless seemingly insignificant things their insurance adjuster may ask you to say or confirm that can hurt your ability to recover a fair and reasonable settlement for your losses.

9. Follow Up

If you were injured in a car wreck, and you sought medical treatment, you should follow up with your doctor. Usually this means getting the treatment they prescribe. At a minimum, you should go to the follow up visit to discuss your injuries as time passes. Remember, if it isn't well-documented by a doctor, the insurance company will not take your word for it. Harsh as it seems, if a doctor doesn't specifically say you were injured, you were not injured at all in the eyes of the insurance adjuster.

10. Don't Settle For Less Than Fair Value

Insurance companies are incredibly savvy at getting injured people to accept small amounts of money to resolve their claims. If you were hurt, you deserve not only the cost of your medical expenses, but also money for pain and suffering. Don't settle for less than fair. If you feel like you're not making progress with the insurance adjuster, you're not alone: nearly every personal injury claim is valued higher when it is handled by a skilled injury attorney. The lawyers at The Lions Injury Lawyers, P.C. have the experience to help you recover a fair settlement for your injury.

 

Tips for Avoiding Motorcycle Accidents

Riding a motorcycle is dangerous, regardless of how experienced you are. Because we see so many motorcycle cases where our clients are not at fault but still suffer serious injury, we thought we'd put together a few tips for the motorcycle community. 

DO YOUR HOMEWORK

Most riders think that so long as they know how to operate the motorcycle, the rest will come naturally. For this reason, many riders forego taking a safety course, or even reading the safety manual that comes with most new bikes. The tuition for motorcycle safety courses is usually a lot lower than most riders expect, and the proper course could make all the difference. Most riders who have taken a course attest to the value of what they learn in the course.

WATCH FOR CARS TURNING LEFT

Cars turning left into motorcycles is the most common cause of motorcycle versus car accidents. Drivers of cars turning left often have a hard time discerning how fast the motorcycle is driving. When riding, pay close attention to cars turning left in front of you, or into your same lane. The knowledge that left hand turns account for the most injury-related accidents involving cars and motorcycles alone may help riders be more cautious and aware.

LANE CHANGES

Similar to left hand turns, changing lanes can be difficult for automobile drivers when it comes to evaluating how fast the vehicles surrounding the driver are moving. For this reason, riders should pay special attention to areas of the road where cars are likely to attempt a lane change. Remember, not all drivers use their blinkers, and many drivers fail to check their blind spot prior to moving into another lane. Be attentive and keep an eye out for lazy and distracted drivers who might merge into the lane you're riding in without looking.

REAR END ACCIDENTS

Unfortunately, many injured motorcyclists are hit from behind by inattentive and distracted drivers. Remember, your brake light, no matter how bright, is smaller than the brake light of a car (which has two large brake lights). 

When braking, remember to pump your brakes. This is not only better for the wear and tear on your bike, but it also makes your brake light flash on and off, which tends to draw the attention of other drivers on the road. Also, when you do come to a stop, do so not directly behind the vehicle in front of you, but to the side, if space allows. 

SAND AND GRAVEL

Especially on turns, sand or gravel on the road can be especially dangerous for motorcycle riders. If one of your wheels slips too much, losing control of your bike can happen quickly and recovery from a slide can be difficult, if not impossible. Take extra precaution when riding in areas known to have debris, gravel, and sand on the road. Similarly, when riding in the early morning hours or late at night, be aware that more condensation on the road can lead to minimized grip between your tires and the road. 

If you are involved in a motorcycle accident in California and you need an experienced attorney to help you recover, call our office today. We will provide you with a full consultation at no cost to you, and we'll advise you as to your best options moving forward.