la county accident

Car Crash Injury? Keep a Pain Journal

A lazy injury lawyer will get you enough money to pay for your medical bills and perhaps a bit more. A good injury lawyer will get you money to compensate for the ways in which your life is now different than it was before.

A lazy injury lawyer will get you enough money to pay for your medical bills and perhaps a bit more. A good injury lawyer will get you money to compensate for the ways in which your life is now different than it was before.

If you’ve been injured in a car accident and are recovering from your injuries, you may notice that your symptoms are worse some days, and better others. This is typical for most people, and with any luck you won’t have to get involved in a lawsuit in order to get a fair settlement for your car crash case. However, even in pre-litigation (when your attorney is negotiating on your behalf with the insurance company of the at-fault driver), insurance companies’ default position is that you’re only as injured or hurt as the paperwork says you are. That means that if it isn’t documented over time, you are not really injured.

Pain and suffering includes changes to your lifestyle. If you were active before, and can no longer do what you previously enjoyed due to someone else's negligence, a good injury lawyer can help compensate you for this loss.

Pain and suffering includes changes to your lifestyle. If you were active before, and can no longer do what you previously enjoyed due to someone else's negligence, a good injury lawyer can help compensate you for this loss.

What is a Pain Journal?

Your documentation of the pain you experience as a result of your car crash does not need to be anything fancy. In fact, writing notes in a simple notebook is enough. The most important thing is that you document regularly how you feel, and the affect it has on your life. For example, if you have a particularly difficult day, and have to cancel a social event, or forego a planned activity, this should be documented. Many pain journals are simple hand-written entries on a couple sheets of paper. In California, there are so many car crashes and subsequent injury claims, that you need to show the at-fault driver's insurance company that your injuries are real, affect your daily life, and did not simply disappear overnight. 

As part of your injury claim, you should include the ways in which your lifestyle has been affected. For people who previously lived an active lifestyle, there is no amount of money that can compensate for the things they can no longer do.

As part of your injury claim, you should include the ways in which your lifestyle has been affected. For people who previously lived an active lifestyle, there is no amount of money that can compensate for the things they can no longer do.

How Frequently Should You Update It?

Because your pain journal is an informal document, there is no rule of thumb to follow as far as how often you should update it. However, the more often you can write down specific instances of pain, and how it affects your lifestyle, work, or ability to parent, these things should be written down. If you are seeking medical treatment for an injury, you should be updating your pain journal at least a couple times a week. As time goes on, your pain journal will show how your symptoms are improving, if they are improving. This can also help show that you were compliant in following doctors' recommendations and orders. As the cost of your medical treatment rises, the insurance company will be looking for reasons to deny paying your medical bills. When a plaintiff has a thorough journal showing how the injury has affected his or her life, it becomes increasingly difficult for the other party's attorneys to say you weren't hurt and they shouldn't have to pay for your medical expenses.

A pain journal does not need to be fancy. Keep track of the days you feel worse than usual, and document days when you're feeling better. This will be of great value to your injury law firm as they negotiate on your behalf.

A pain journal does not need to be fancy. Keep track of the days you feel worse than usual, and document days when you're feeling better. This will be of great value to your injury law firm as they negotiate on your behalf.

Why Does it Help?

Your case is one of tens of thousands that insurance adjusters will review. If necessary, your attorney may have to file a lawsuit on your behalf, and will have to prove that you were injured by someone else, and that your injuries have affected your lifestyle. As part of the process of determining the value of your case, or in other words, how much money you are likely to be paid as a settlement, your medical records will make up one portion of your claim, and your pain and suffering will make up the second part of the evaluation. 

Orange County is home to a beautiful coast - if you previously enjoyed days at the beach, but have had to cut back on your leisure activities due to an injury, a good Orange County injury lawyer will help compensate you for this change in your lifestyle.

Orange County is home to a beautiful coast - if you previously enjoyed days at the beach, but have had to cut back on your leisure activities due to an injury, a good Orange County injury lawyer will help compensate you for this change in your lifestyle.

What is 'Pain and Suffering'

The laws in California provide for compensation for your pain and suffering, which is sometimes called your general damages. So if you were injured in a California car crash, and you are seeking a claim against the driver who hit you, you will have two parts to your claim: special damages (the "hard costs", such as your medical bills and other things you paid out of pocket for), and general damages (hard to put a number on, but the value of your pain and suffering). The more you can prove you were injured, the better position your injury lawyer will be in to win more money for you. For example, if you had a hobby you can no longer participate in, or if your exercise routine was disrupted or changed as a result of the car injury, you are entitled to pain and suffering damages for the negative affect the accident has had on your lifestyle. All these things are unique to your case, and of course specific to your lifestyle. But it is not enough to simply state that you've missed out, or your life has changed. You need documentation, and a pain journal can be of great assistance to your lawyer as he or she fights for your case.

Assessing General Damages (Pain and Suffering)

Orange County residents who were injured in a car crash have many options of injury lawyers to choose from. 

Orange County residents who were injured in a car crash have many options of injury lawyers to choose from. 

Your personal injury lawyer will be explaining the many ways in which your life has been affected by your injury. This may include anything from a sport you can no longer play, to difficulties caring for your children, to discomfort in a variety of situations unique to your life as a result of someone else's negligence. Because it is not as simple as adding up receipts and claiming the total, you must be specific in explaining to your injury lawyer the ways in which your life has been affected. He or she will then argue these points on your behalf. A good injury lawyer in California will be able to compare the types of losses you have incurred with similar cases in the past. An injury law firm that has handled a lot of cases and is paying attention to trends in the courts will be in the best position to fight for maximum value for your car crash injury case. 

Southern California Car Crash Hotspots

Driving at night in Los Angeles County presents many challenges. Traffic can be lighter, but that leads to many drivers who exceed safe speeds. Take your time, be well rested, and plan your route ahead to avoid being involved in a car accident.

Driving at night in Los Angeles County presents many challenges. Traffic can be lighter, but that leads to many drivers who exceed safe speeds. Take your time, be well rested, and plan your route ahead to avoid being involved in a car accident.

Anyone who has driven on the congested roads in Southern California can attest to the unique driving conditions here in comparison to other parts of the country. Every day, tens of millions of people take to the roads of Southern California, particularly in the metro areas of Orange County and Los Angeles County. Where do most car crashes happen in Southern California, you may ask? A quick review of where you’re most likely to end up in a traffic collision could help you pay extra attention when you’re driving in these areas.

Distractions are everywhere in Los Angeles. Assume the traffic surrounding you is distracted, and may not respond correctly to merging traffic, speeding traffic, or unsafe drivers.

Distractions are everywhere in Los Angeles. Assume the traffic surrounding you is distracted, and may not respond correctly to merging traffic, speeding traffic, or unsafe drivers.

Los Angeles Metro Area

For those driving in Los Angeles, there are a few areas that experience consistent traffic congestion, meaning the areas are often in stop and go traffic, which tends to result in more rear end crashes. Pay attention to on and off ramps, especially those near major freeways like the 110, the 405 Freeway, and the 5 Freeway. Other areas that experience higher than normal rates of crashes include areas where traffic merges to 'exit only' ramps. If you've driven in Southern California for long, you know that instead of waiting in line for their turn to exit on a ramp, many drivers will wait until the last possible second, then cut in front of slowed traffic so they don't miss their exit. This causes many rear end crashes.

Remember that Los Angeles is a hub for travelers, meaning many people are in and out of the city who do not live here and therefore do not become acclimated to the unique driving environment. Because there are so many cars on the road, we must acknowledge that lots of the cars that surround us at any given time are driven by people who may not know where they are going exactly (or which road or exit they're looking to turn onto next), or are uncomfortable with the speed of traffic. This can lead to dangerous situations. We are comfortable with our own driving skills, but it is often the people who surround us on the road who create dangerous circumstances.

Los Angeles is not all freeway. There are beautiful neighborhoods, but these can be easy to get lost in too. Take your time, plan ahead, and maintain a safe distance from other drivers to avoid a car crash.

Los Angeles is not all freeway. There are beautiful neighborhoods, but these can be easy to get lost in too. Take your time, plan ahead, and maintain a safe distance from other drivers to avoid a car crash.

If you miss your exit, or are lost, it is best to pull off the freeway to a safe spot in order to gather your thoughts and plan your route. Do not try to keep driving while fiddling with a GPS device or an app on your phone; distracted driving is one of the leading causes of car crashes in Los Angeles, and often results in injury. If you are about to miss your exit, let it happen and move on - forcing your way into traffic, especially during peak hours, can result in danger situations, where you, your passengers, or other drivers may be seriously injured.

Orange County freeways can be just as jammed as Los Angeles freeways. Plan your travels ahead to avoid congestion zones.

Orange County freeways can be just as jammed as Los Angeles freeways. Plan your travels ahead to avoid congestion zones.

Los Angeles can be a difficult place for any driver. It is normal to get lost occasionally, to miss an exit, or to get stuck in frustratingly slow traffic. Fortunately, planning ahead, knowing which part of Los Angeles is experiencing high volumes of traffic at the time your are planning to travel, and adhering to defensive driving techniques can all help you avoid a traffic collision. 

Orange County Metro Area

Orange County also has several areas that experience frequent traffic, and these areas have more car crashes than most areas. As is the case in any big city or metropolitan area, the onramps and off ramps of the freeways are areas where car crashes are frequent. Orange County drivers will attest to the predictably bad traffic in a few areas in particular. The 55 Freeway, which connects the 405 Freeway and the 5 Freeway, is almost always stop and go traffic during the day. Additionally, the 55 Freeway has a juncture with the 405 Freeway close to John Wayne Airport, so there is more traffic in that area due to people coming and going to the airport.

The 5 Freeway runs north and south through California, connecting San Diego and Orange County, Los Angeles, all the way up to the northern parts of the state. Thus, there is a lot of commercial traffic on this thoroughfare. Many large semi trucks use the 5 Freeway, and traffic can move at a very fast pace when it isn’t stop and go. This means speeds of 85 miles per hour are not unusual in the left hand lanes of traffic. Average speed, when traffic is moving, is around 80 miles per hour in the left hand lanes and the carpool lane. Many onramps have traffic lights, meaning you must stop and wait for a green signal before merging onto the freeway. Thus, there are cars entering traffic that start at a standstill, or zero miles per hour, that are trying to merge with traffic traveling in excess of 80 miles per hour. This results in many car crashes.

Driving Safely in High Traffic Areas

If you’re not used to driving in heavy traffic, Orange and Los Angeles counties can be an anxious and stressful experience. A few tips may be helpful to remember when you are navigating these areas:

  • Anticipate traffic at onramps and off ramps, and proceed through these areas with caution.
  • Anticipate traffic near airports. Los Angeles International Airport and John Wayne Airport are the busiest airports in LA County and Orange County, but there are many other airports that also experience heavy car traffic in these counties as well.
  • Remember what hours tend to be “rush hour” traffic hours. Millions of people commute to and from work using the freeways. Mornings from around 6:30 to around 9 a.m. tend to be busy traffic hours; evenings from 4 p.m. to around 7 p.m. tend to experience high volumes of traffic throughout California metropolitan areas. 
  • Stop and go traffic is part of life in California. Give yourself plenty of space, and don’t be in a rush.
  • Wear your seatbelt at all times, even if you think you’re driving too slowly to be injured. Just because you’re driving slow doesn’t mean someone won’t rear end you at a high rate of speed, a crash that can result in severe injury.
  • Know where you’re going before you get in the car. If you need to use a navigation aid on your phone, set the address prior to starting your drive. Trying to drive in heavy traffic is stressful enough, and adding the task of entering addresses into your phone can distract you. If the device is already set to give you directions before you embark on your journey, you are less likely to be distracted, and therefore are less likely to be involved in a car crash.
  • Plan ahead. Leaving half an hour early can sometimes mean saving yourself from sitting in traffic for hours. This is especially true when you are trying to arrive at your destination during or around rush hour traffic. If you can, it is often worth it to drive to your destination early in order to avoid heavy Los Angeles or Costa Mesa commuter traffic.
  • Check traffic apps before starting your drive to make sure there are no road closures or car crashes that are obstructing traffic. Whatever your choice of app, many apps can help you predict where the worst traffic is likely to be so you can avoid areas of extreme or abnormal congestion. Many radio stations will also give live updates on traffic conditions during rush hour so you can avoid car crashes, which often result in road closures, or the number of lanes being reduced.
Freeway driving is part of life in Southern California. Know which roads are experiencing bad traffic, and where construction may slow your journey. Planning ahead is key to avoiding frustrating situations of being stuck in traffic for hours.

Freeway driving is part of life in Southern California. Know which roads are experiencing bad traffic, and where construction may slow your journey. Planning ahead is key to avoiding frustrating situations of being stuck in traffic for hours.

Know the Area You’re Heading To

If you’re driving to a destination that is new to you, familiarize yourself with the area ahead of time. This means looking at a map of the area, or using Google to get some insight into what kinds f area you’re driving to. Are there schools or major shopping areas nearby that will result in high traffic? Is the neighborhood you’re heading to a place where there are lots of office towers, meaning that around rush hour there will likely be a lot of people coming and going from the area? Is the area perhaps more rural, such that facilities such as gasoline stations may be few and far between? Is there road construction happening on your route, or are parts your journey experiencing a detour due to any number of reasons? Are there any natural disasters, such as wildfires, that are restricting traffic, or making driving through the region either impossible, or on an “as necessary only” basis? All these questions can likely be answered by spending just a few minutes on the internet prior to getting in your car. Knowing more about your destination will result in your ability to avoid areas that will slow you down. It will also ensure you take a route that is likely to have less traffic, meaning you’re less likely to be involved in a car crash.

 

It is rare to find the freeways of Southern California empty. Plan on traffic, no matter when you're driving. Crashes happen frequently at on and off ramps, during peak traffic hours (rush hour), and near major destinations, like schools, airports, and business centers.

It is rare to find the freeways of Southern California empty. Plan on traffic, no matter when you're driving. Crashes happen frequently at on and off ramps, during peak traffic hours (rush hour), and near major destinations, like schools, airports, and business centers.