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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.

 

 

Daycare Accidents and Injuries: What Parents Should Know

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Choosing a daycare for your child is one of the most difficult decisions parents must make. While you need to consider the common issues like hours and cost, the most important thing is making sure the daycare is safe for you child. In too many tragic cases, daycares make mistakes and families suffer. When your child is injured at a childcare or daycare facility, it can be difficult and confusing to know what you should do, and what your rights are.

If a daycare fails to live up to its obligation to your child, taking legal action is important to get injury costs covered, get your child the necessary medical help, and hold the daycare accountable. As a child care accident attorney, The Lions Injury Lawyers can provide you with advice, legal representation, and strong advocacy in holding a daycare accountable. Contact us today to learn how we can assist you in getting compensation for your losses to get answers to key questions including:

·       What types of daycare accidents can occur?

·      What are a daycare center’s obligations to parents and children?

·      How can The Lions Injury Lawyers child care accident attorney help?

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 What Types of Daycare Accidents Can Occur?

Daycare accidents can occur in many forms, some of the more common accident types are:

·      Falls, including falls form a playground or changing table

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·      Accidents due to staff member’s negligence

·      Bathroom accidents due to improper supervision

·      Hands and fingers becoming caught in doors or drawers

·      Children consuming something poisonous

Whenever an incident occurs in which a child is harmed, parents should speak with a child care accident attorney. The Lions Injury Lawyers can answer your questions about whether the daycare should be held responsible, and what remedies might be available to you. If the care center or any staff members provided substandard care, this lead to liability on the part of the daycare provider. Many parents do not want to create problems with the daycare facility, but are frustrated with the injury to their child, and want to provide their child with the best medical treatment available. A consultation with an injury lawyer can help clarify the process. In short, it is the insurance provider of the daycare or childcare facility that will ultimately be paying out money to resolve the claim, so many times the actual facility personnel are not affected by a claim.

What are the Obligations a Daycare Center has to Parents and Children in California?

There are very strict rules regarding staff-child ratios, as well as safety requirements for both indoor and outdoor environments. Daycare centers also have a general obligation to provide appropriate care to children so they don’t come to harm.

In the State of California, the Community Care Licensing Division (CCLD) of the Department of Social Services (DSS) issues child care licenses. During the pre-licensing phase, an operator must meet with a consultant to review child care laws, floor plans of the intended facility, forms and paperwork for the facility use, and other guidelines.

Despite a daycare center’s obligations, most child care injuries happen when the children are not being adequately supervised or are in unsafe environments. Daycare centers can be held responsible for violation state law or for being unreasonably careless in any manner it comes to child safety.

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How Can The Lions Injury Lawyers Child Care Accident Attorney Help?

 The most important thing as a parent of a child who was injured is to seek appropriate medical treatment. A good injury lawyer can help you find the best doctors available to treat your child's injury. The Lions Injury Lawyers will walk you through the process and help you make informed and educated decisions every step of the way. A short telephone call with an injury lawyer can help you make better decisions that will ultimately be in the best interests of both you and your child. Contact The Lions today to discuss the injury incident that has affected you or your family member, and go over the details with a qualified attorney.

 

 

 

 

Social Media Makes You A Dangerous Driver (and it's not just you!)

California roads and highways can be a challenge for even the most experienced and focused driver, with tens of millions of commuters taking to the roadways daily. Long before the rise of smart phones and social media, California roads were a stressful and sometimes dangerous place to drive. Now, with many drivers checking and updating their social media platforms during their commute, the roadways are even more dangerous. Tragically, car accidents that result in injury and death are now often the result of one driver being distracted, and the culprit for the distraction is often the driver's cell phone. What are they doing on the cell phone that is so distracting? Checking social media.

California Law Prohibits Using Your Handheld Phone While Driving

It's not news that distracted driving causes hazards. As cell phones became more popular in the late 1990s, the California state legislature responded by making it illegal to use a handheld device while driving. At the time, use of a cell phone was limited almost entirely to talking on the device. Now, the capability of an average smartphone allows its user to engage in an endless list of distracting activities, from taking photos and videos, to trading stocks and playing video games. 

Courtesy: NHTSA

Courtesy: NHTSA

Distracted Driving Causes Accidents

According to the National Highway Traffic Safety Administration (NHTSA), an estimated 660,000 people use their handheld devices every day while driving. Many experts would argue the actual figure is exponentially higher than that. State and local laws are beginning to catch up to the bad habit, with many jurisdictions strictly enforcing laws prohibiting distracted driving. For example, in Orange County, California, police officers on motorcycles have been slowly driving between lanes during stopped traffic at intersections and checking to see who is on their phones. When the lights change and traffic begins to move again, they pull over the individual who was on their phone. Just because traffic is stopped does not mean you are legally allowed to check your cell phone. The law prohibiting cell phone use applies whether traffic is moving or not. New distracted driving laws are going into effect in California, but their efficacy is yet to be determined.

Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.
— NHTSA

Instagram, Snapchat, and the Urge to Update

Especially prevalent among young drivers such as teenagers and college students is the urge to update social media while driving. Tragically, this often results in disastrous consequences such as serious injury and death. As if the possibility that your social media usage while driving might result in serious injury or death from a car accident you cause weren't enough, consider that your social media usage can be used against you as evidence of negligence while driving. If you are involved in a car accident in California that results in injury, the injured party's attorneys may subpoena access to your social media accounts. This means the injured person's attorney will know the content, and most importantly, the timing of your social media usage. This can allow their lawyers to easily connect the dots and prove that your social media use happened at the same time of the accident, thus proving your fault and liability for the injury or death. Sounds scary, right? Luckily, such a scenario is easy to avoid. Simply put, don't update or check your social media accounts while driving!

What You Can Do About It

First, change your own habits, if you're in the habit of checking your phone while you drive. This makes you safer, and it makes those around you safer as well. Second, if your loved ones use their phones while driving, talk to them about the very real consequences of using handheld devices while driving. If you are driving and see someone on their phone and driving in a dangerous or reckless manner, you can:

  • Get their license plate information, if you can do so safely
  • Make note of the make and model of their vehicle
  • Pull over to a safe place, or have a passenger in your vehicle call the police
  • Notify the police of this information. If the driver poses a hazard to others on the roadway, it is appropriate to call 911

Injured In a Crash Where The At Fault Driver Was on their Phone?

If you were injured in a car crash and think the at-fault driver was on his or her cell phone at the time of the incident, you should discuss the facts of the automobile accident with an attorney. If you or your passengers were injured, an injury attorney who practices personal injury in California will be able to make sure evidence regarding cell phone usage at the time of the accident is preserved, just in case it is needed later. For example, even if you saw the driver who hit you on their phone, if they deny it to their insurance, their insurance will take their insured's word, not yours.

The police are unlikely to make a determination, as the "he-said-she-said" scenario can be difficult for law enforcement to make accurate determinations as to what happened after the fact. However, an injury attorney that regularly handles California injury cases will send the appropriate letters and file the necessary paperwork to make sure they're able to access the cell phone and data records of the defendant. Also, if the distracted driver had their phone plugged into their car via USB cable at the time of the accident, the car's "black box" may have a record of the phone's usage, depending on the make and model of the car, and how long after the accident the information is pulled from the black box system.

California Distracted Driving Injury Questions

Wondering what to do following a California car accident where you suspect one of the drivers was on their phone? The Lions Injury Lawyers, P.C. practices personal injury law and represents injured clients throughout the state of California. A call to The Lions will put you on the phone with an actual injury attorney (not a salesperson), so you'll be able to ask questions to an experienced and knowledgable lawyer regarding the facts of your injury. If you were hurt in a crash and it was not your fault, the law entitles you to more than simply payment of your medical bills. The Lions make sure their clients are fairly compensated for lost wages, loss of consortium, changes in lifestyle (pain and suffering), and of course the costs related to medical treatment related to the crash. At the very least, a phone call to an experienced injury attorney regarding your California car accident will help you better navigate the often confusing world of injury settlements with auto insurance providers.