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Deaths From Injuries Rising Among Youth in America

CNN published findings from a report today in which the rise in accidental deaths among young people in America are analyzed. For many years, the total death rate among 10-19 year olds declined significantly, according to the report from the National Center for Health Statistics at the US Centers for Disease Control and Prevention. The decrease was between the years 1999 and 2013 and represented a 33% decrease in accidental deaths; however, between 2013 and 2016, the death rate rose 12%. Tragically, car accident fatalities play a large role in the uptick. 

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The increase in accidental deaths and serious injuries is not only attributed to car crashes, however. As the table below shows, drowning, suicide, homicide, and poisoning are also causing more deaths in recent years than in the past. Many experts point the blame at easily accessible recreational drugs and social media. Even as other causes of death and permanent injury rise in other areas, the fact remains that among 10 to 19 year-old adolescents, traffic injuries were the leading cause of death in 2015. The US Department of Health and Human Services' report entitled Deaths: Leading Causes for 2015 is an easy to read, informative study that would likely be of tremendous value to parents of children and teenagers. If nothing else, it gives parents and youth alike an objective reference point that shows the dangers young people around the world face. As parents often face a challenge from teenagers not wanting to hear it from their mom or dad, the study and data are indisputible proof that car accidents (shown in the table as "motor vehicle traffic") is, without question, a serious cause of unintentional injury and death among youth. 

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Parents interested in the data presented in this study may also benefit from visiting the National Vital Statistics System, which tracks public health data and includes statistics on vital matters such as traffic deaths, pedestrian versus auto deaths and injury, and drug and alcohol-related injury and death. 

What Can Concerned Parents Do?

The statistics showing an increase in traffic deaths do not specifically mention California, but California drivers are part of the data set, and the causes of death and injury most certainly apply to young people living here.  Parents can first help their families and loved ones by being aware of the threats and familiarizing themselves with the numbers. Once parents understand the threats to young peoples' safety, they can have a more insightful conversation with their kids and teenagers about the issues. Some marriage and family therapists recommend printing off data such as the studies referenced here, and allowing the teenager or young adult to review the material for themselves before trying to talk too in depth about the issue. Jumping right into it can come off as "preachy," and many young teenagers are becoming more comfortable with their own analysis skills and ability to form an educated opinion. Have them read it and ask them what they think.

Set Rules, Set an Example

Car accident deaths are often the result of a bad combination of texting while driving, alcohol or drug use, careless or distracted driving, or any combination of these factors. Checking your phone when driving can be a against family rules, for example, although for the rule to have any weight, parents must obey it too! The more young people see their parents practicing safe driving habits, the more likely they are to incorporate these habits into their own driving.

Discuss The Obvious

California residents who have driven here for a long time sometimes do not realize that our roads are, in many ways, not the norm. Not everyone is aware that the bad traffic and seemingly crazy driving on the 405 and 5 Freeways are actually especially dangerous and chaotic - not every freeway or highway is like this. In Southern California, for example, we have some of the most dense population, with the large majority of working adults commuting to and from work in their own vehicle, instead of using public transportation. This presents a unique challenge - our roads are more busy, and the volume of drivers using our roads and freeways is extremely high. Young drivers need to know that not only are they relatively new to the challenges and dangers of operating powerful and heavy vehicles, they are doing so in an especially dangerous place. It's ok to discuss the frequent car accidents and scary crashes we see on the side of the road with our teenagers. After all, many of California's metro areas are among the most dangerous driving thoroughfares in the country! 

Helping Teenagers Respond to Crashes

Despite our best efforts, parents cannot prevent crashes, and whether or not it was your teenager's fault that a car crash happened, your loved one needs to know how to respond in the event they are part of a car wreck. They need to know that they have to pull over and call the police if anyone was injured. They may not know that they need to take photos of the scene of the crash, ask that a California Highway Patrol report, or local police report, be taken. Your loved one should know that if they may be hurt or injured, they need to seek proper medical attention, which may include an ambulance ride to a nearby hospital or urgent care facility in order to assess their injury.

Many teenagers will resist this, but it can be a crucial step in diagnosing the extent of their injury. In California, the police and Highway Patrol are supposed to ask if the injured wants to be transported to a hospital. Also, teenagers are in the stage of life where they are starting to understand money and financial constraints, so they should know that if they do take the ambulance or go to the doctor, the other driver's insurance company can be held responsible for paying the bills (assuming the car crash wasn't their fault). Taking photos of the scene of the wreck is an easy one for young drivers to do, but some don't know that they should take pictures of the vehicles involved, the scene of the crash, the surrounding area, and any bruises or lacerations they may have gotten during the car crash. 

Seek Appropriate Counsel

After a car accident, adults and teenagers alike may have questions - this is normal, and the road to financial and physical recovery can be tricky and confusing. Dealing with medical bills, police reports, insurance companies and auto repair shops can take a toll on your wallet and your nerves. Depending on the extent of your injuries, it may be wise to discuss your crash and your injury with a lawyer or attorney who handles personal injury cases. There are many injury law firms in California who handle cases throughout the state. A good injury attorney will be able to point you in the right direction, give you a general evaluation or assessment of the value and strength of your case, and help you get a fair and reasonable settlement for your pain and suffering. You should never have to pay up front, as most law firms who handle injury cases work on a contingency fee and only take a fee if they win your case. 

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.

Insurance and Your Injury Claim

Most people injured in a car accident in California are aware that both their insurance and the at fault party's insurance will be involved in handling the injured person's claim, and that it is the insurance company (and not the individual) who pays the medical bills and property damage. Beyond that, many injured people are not quite sure how it all works, which is completely normal considering we only have to file a claim when we're injured by someone else, which hopefully does not happen often. The role both insurance companies play can be confusing, frustrating, and irritating to the injured person. A better understanding of the role insurance companies and their adjusters play can help someone who is injured better navigate their claim.

No, filing a claim against the at-fault party does not put that person's home or assets at risk

Insurance companies provide drivers and homeowners a certain amount of coverage in exchange for your monthly payment of the insurance premium. In California, the minimum amount of liability insurance for drivers is $15,000 per individual and $30,000 per accident. This means that in order to legally operate a vehicle on California roadways, you need to have at least this much coverage. But what does this cover? The "state minimum" amount means that if you injure someone, your insurance company will cover the injured's medical expenses, pain and suffering, and other damages. The at-fault driver's insurance is the first line of defense, so that means the injured plaintiff's attorney will first communicate with this insurance company prior to filing a lawsuit in most cases. It also means that the amount on the insurance policy is the most the insurance company will pay to resolve the matter. If the injured's medical expenses are much more than $15,000 (hospital bills totaling $100,000 and the at fault driver's policy covers only $15,000, the injured person can still only recover $15,000). Only after the at fault driver's policy has been exhausted can the injured person access their UIM (under-insured motorist insurance policy).

Many individuals who are injured in a California car crash don't want to be "mean" and file a claim against the person who hit them. They don't want to file a lawsuit, don't think litigation is "right," and a host of other reasons not to pursue their claim. The biggest misunderstanding is that by filing a claim, somehow the at fault driver's personal life will be greatly affected. In most cases, this is not the case. If the driver caused an injury due to his or her negligence, his insurance premiums may go up, but they won't lose their home or have to sell their assets. 

Insurance adjusters for the at-fault driver need to pay you to go away

Insurance adjusters are there to make this all go away. They will request a recorded statement, your medical bills, access to your medical records going back many years, and many other things in order to evaluate your claim. They're allowed to ask for all of this, but you don't have to give it to them, and giving them everything they want is unlikely to result in a fair settlement for you. Why? The more they ask for, the more they're likely to find excuses to minimize the amount they decide to pay you, if they are willing to pay at all. Their job is simple: close the claim for as little money as possible. Some insurance adjusters are very pleasant to work with, even seeming to become your friend over the process (a tactic that makes you feel guilty for declining their offers), and others can be confrontational, rude, and insensitive. Whoever the insurance adjuster is, and for whichever insurance company, their job is to make you go away. 

No, your insurance premium won't go up if it wasn't your fault

People injured in car crashes immediately worry about their finances. Many people worry that their insurance premiums will rise if they claim an injury. This is not accurate. If it wasn't your fault, it is the other driver's insurance company, not yours, that will be paying the bills. You should get the medical care you need and take care of your health, as the other party's insurance is responsible for reasonable medical costs associated with the injury their insured caused.

Negotiating for more money with an insurance adjuster on your own is generally a bad idea

Insurance adjusters will almost always offer far less than what your injury is worth. They don't generally itemize their offer, so you don't know how much they're paying for your medical bills and how much they're paying you for pain and suffering. Many insurance companies offer $500 to resolve a claim. Experienced injury lawyers regularly see $500 offered for claims that settle for $15,000, and sometimes over $100,000. How can an insurance adjuster offer so little if the claim is worth so much more? The answer is simple: if they offer and the injured person accepts, the claim is closed and the insurance company will not have to pay more money in the future. And, many people surprisingly accept the first or second offer. 

What's a fair settlement for your injury?

If you were injured in a car crash, you're entitled to be compensated for the cost of your medical care and pain and suffering. But what is pain and suffering worth, and how do you calculate it? The answer is that an injury attorney is able to compare your case against other cases in the past and calculate an "industry standard" amount. Without knowing how much other injury claims are settled for, you cannot possible know how much your claim is worth. 

Finding an injury attorney

In order to get your medical bills paid for and be compensated for your losses, you may be well served by hiring an injury attorney. Most California injury law firms do not charge clients up front, meaning they only get paid if they win your case. You're far more likely to get a fair settlement by working with an attorney than going it alone. When looking for a car crash attorney, you should seek a law firm that focuses on injury claims exclusively, not a lawyer who does a little bit of everything. Location is generally not important, as most of the paperwork and negotiations can happen anywhere. The most important thing to look for is, in the opinion of many injury attorneys, a law firm that handles a lot of injury claims and is excited to work on your behalf.

The Lions Injury Lawyers, P.C. practice only injury law, and are ready to discuss your claim and answer any questions you may have. Located in Newport Beach, California, The Lions handle cases for clients in Orange County, San Diego County, and throughout the state of California, from Los Angeles County all the way north to the Bay Area. Contact The Lions Injury Lawyers today for a free case evaluation with an attorney.

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.