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Orange County Car Crashes: Top Questions Injury Lawyers Are Asked

Injury lawyers are asked many of the same questions from clients regarding their Orange County, California car accident. This blog post is a compilation of the top questions we receive here at The Lions Injury Lawyers, P.C., and is meant to help anyone seeking clarification regarding their injury claim, but should not be relied on as legal counsel. This is because every case is unique and you should seek the advise of an attorney or injury lawyer in order to address the specifics of your case. However, there are several basic questions that we are asked over and over again, and so this blog post is an attempt to clarify some of these questions.

The job of your injury lawyer is to get you back to where you were before your injury. This means you are physically healthy again, and financially you have been reimbursed for all medical expenses related to your injury.

The job of your injury lawyer is to get you back to where you were before your injury. This means you are physically healthy again, and financially you have been reimbursed for all medical expenses related to your injury.

”How Do I Get My Medical Expenses Refunded?”

As part of your injury claim, you may expect to have your medical expenses paid for by the person who hit you. First, you need to see a doctor as soon as possible following the crash. Then, you need to be attentive to all appointments and be compliant with the doctor’s orders. This may include MRIs, x-rays, physical therapy, chiropractic care, massage therapy, or things like injections and surgery. Upon completing your treatment, your attorney will compile all your medical records and present them to the insurance company of the at-fault driver, accompanied by an explanation and a demand for settlement.

“What if I Need Medical Care Over a Long Period of Time?”

You have two years from the date of the accident to either settle your claim, or file a lawsuit. If you fail to do either of these things within two years of your injury, you cannot recover financially, and this includes being refunded the cost of your medical care. But what if you are going to need care for a long time after the two year mark? Your lawyers will compile your medical bills and present them in a manner that will include the cost of future medical expenses as part of your injury settlement. Sometimes this may require bringing in an expert, such as someone familiar with medical billing, in order to give a detailed accounting of what your medical costs will likely be in the future. A good injury attorney will do this for you and will have experience handling claims like yours.

Even ten minutes on the telephone with an injury lawyer is likely to give you a new perspective on how you should move forward. If nothing else, it should provide you with peace of mind as you navigate what can be a frustrating and confusing process.

Even ten minutes on the telephone with an injury lawyer is likely to give you a new perspective on how you should move forward. If nothing else, it should provide you with peace of mind as you navigate what can be a frustrating and confusing process.

”What if I Don’t Have Health Insurance, or I Can’t Get An Appointment to See a Doctor Quick Enough?”

If you don’t have health insurance, but are injured in a car crash or other accident that was not your fault, you may still be able to receive good medical care. Some privately owned medical offices are willing to provide treatment on a lien. This means that they will ask your lawyer a few details about your case, including the likelihood that the insurance company of the individual who caused the accident will pay to settle the claim. This is called lien-based treatment. Most California based injury lawyers know of many medical offices that are willing to work on a lien basis. The office sends a legal document to your lawyer, who signs it and returns it. This means that if there is a settlement or a verdict in your favor, the medical office will be paid before you are paid. Basically it delays payment, but makes sure the medical office eventually gets paid for the services they provide you.

The amount of money you get after your injury case settles depends on many factors, most of which you are unlikely to have considered unless you have been involved in several injury cases in the past. A good injury law firm will guide you through the process and explain the many variables at play in your injury case.

The amount of money you get after your injury case settles depends on many factors, most of which you are unlikely to have considered unless you have been involved in several injury cases in the past. A good injury law firm will guide you through the process and explain the many variables at play in your injury case.

”What If I Don’t Have Money To Pay a Lawyer?”

Most car crash lawyers, also referred to as personal injury lawyers, work on a contingency fee basis. This means their pay is contingent on whether or not they win. If they win your case, they are paid a portion of the settlement money. If your lawyer loses, in most situations this means he or she is paid nothing. This makes it so people who need legal representation are able to have an attorney. This also makes it so a lawyer only agrees to represent someone on a case if he or she thinks the case is winnable. Contingency fee agreements are the standard in California for injury cases. If you decide to hire a lawyer using a contingency fee agreement, you should read the document before signing so you know the percentage your attorney will take in the end as his or her fee, as well as other details pertaining to your case.

Because of the number of drivers in Orange County, traffic accidents resulting in injury are not uncommon. Knowing how to proceed after you are injured in a car crash can be confusing.

Because of the number of drivers in Orange County, traffic accidents resulting in injury are not uncommon. Knowing how to proceed after you are injured in a car crash can be confusing.

”What If I Already Settled My Property Damage Claim But I’m Still Injured?”

If you were injured in a car crash, your vehicle was likely damaged. You may have gotten your vehicle towed and fixed and may have signed something to receive a reimbursement check. This is the property damage portion of your case, and is separate from the injury portion of your case. You should know that just because you settled the property damage portion of your case does not mean you have settled your case. They are essentially two different cases. You can still receive money to help compensate you for your injury even if you already received money for your car. Usually the money you receive for your car is the cost to repair or replace for fair value. The injury portion is different. The injury settlement must include reimbursement for medical bills, money for lost wages, pain and suffering, and money for future medical expenses. This settlement is often much more than your property damage settlement.

”Should I Hire A Lawyer Who Doesn’t Live In My City?”

The location of your injury lawyer’s office does not matter nearly as much as his or her experience in handling injury cases. Much of the work on your injury case is done over the telephone, not in person.

The location of your injury lawyer’s office does not matter nearly as much as his or her experience in handling injury cases. Much of the work on your injury case is done over the telephone, not in person.

Your Lawyer should practice injury law. Similar to doctors, lawyers focus their practice on specific areas of the law. For example, a real estate attorney will not likely know much about injury law, except for the basics. For this reason, most people who hire a lawyer to represent them for their injury hire a lawyer or law firm that only handles injury cases. A lawyer has a license to practice law in the state of California, not a specific county or city. With technology, this means you can hire someone who potentially lives far away from you and still benefit from his or her expertise. It is therefore not important that the lawyer lives close by to you. Most, if not all of the work on your case, is done between the lawyer’s office and the insurance companies and medical offices using email, fax, and telephone. Physical proximity to your residence is not important.

Neck and Back Pain After a Car Crash: What to Do

A car crash can leave you with nagging injuries that last for years, or even a lifetime. Proper medical treatment is critical.

A car crash can leave you with nagging injuries that last for years, or even a lifetime. Proper medical treatment is critical.

If you were involved in a car crash and are suffering from pain in your neck and/or back, you may be wondering what, if anything, you can do to make the pain go away. For some lucky individuals, taking a few painkiller pills and getting good rest is enough for whiplash symptoms to go away. These are the lucky few. For most people, severe whiplash following a car accident can lead to months and sometimes years of neck and back pain. To add insult to injury, if the car crash wasn’t your fault, you’re now stuck with the headache of getting your car fixed, and face a potentially long road of physical recovery.

See a Doctor

Wherever you are in California, there are doctors who will see you and help you recover from your injury. Sometimes your health insurance doesn’t have appointments in the near future. Speak with a lawyer to find out if there are other medical offices that you can seek treatment at. Lawyers do no prescribe treatment, but they may be aware of offices who will treat you on a lien.

Wherever you are in California, there are doctors who will see you and help you recover from your injury. Sometimes your health insurance doesn’t have appointments in the near future. Speak with a lawyer to find out if there are other medical offices that you can seek treatment at. Lawyers do no prescribe treatment, but they may be aware of offices who will treat you on a lien.

The severity of your back pain may be difficult to diagnose by yourself. For example, strained muscles may very well heal on their own without significant medical treatment. However, if you have suffered damage to the vertebrae in your spine, you may not get better without medical treatment. Only a doctor that can give a qualified examination and order the appropriate diagnostic studies such as x-rays and MRI scans will be able to figure out what is going on in your back and neck. To make matters more difficult, many people suffer acute pain for a variety of injuries to their back, not being able to differentiate between the injuries. Some of the pain may go away, some may get worse.

Many people injured in car accidents are afraid to ask their attorney or their medical doctor for advice regarding treatment because of their insurance situation. Many people have high deductibles, or do not have health insurance. If you were not at fault for the car accident, a good lawyer can make sure you are able to receive the care you need. After all, you wouldn’t require medical attention if not for the negligence of someone else, so many personal injury law firms are able to help point you in the right direction. At the very least, you should go to an urgent care office to get checked out.

Neck and back pain following a car crash might go away in a week or two, or might still be bothering you ten years from now. Don’t risk your health - see a doctor who can run the proper diagnostic studies to evaluate the extent of your injury!

Neck and back pain following a car crash might go away in a week or two, or might still be bothering you ten years from now. Don’t risk your health - see a doctor who can run the proper diagnostic studies to evaluate the extent of your injury!

Attend All Treatment

Most doctors prescribe a regimen of treatment to address your injuries following a car crash. This often includes physical therapy, chiropractic care, massage therapy, possibly acupuncture, and a variety of other treatment options. These options are for what are called “soft tissue injuries,” and many people benefit from this treatment.

One way that insurance companies deny payment for medical treatment is by saying the patient was non-compliant with the treatment the doctor prescribed. If the doctor says attend three chiropractic appointments a week for six weeks, but you only attend three appointments total, you’re unlikely to have future treatment paid for. Do what the doctors tell you to do. Your attorney will make sure the bills are paid for, but can only do this if you attend all your appointments and are in all ways compliant with the doctor’s treatment plan.

You’d rather be anywhere than the doctor if you are like most people. But if you want to get better, you have to go to your appointments. Also, skipped appointments and failure to follow your doctor’s orders will likely result in a reduced personal injury settlement. It can also mean you will be stuck with your bills, as the insurance company will say you were noncompliant with prescribed treatment.

You’d rather be anywhere than the doctor if you are like most people. But if you want to get better, you have to go to your appointments. Also, skipped appointments and failure to follow your doctor’s orders will likely result in a reduced personal injury settlement. It can also mean you will be stuck with your bills, as the insurance company will say you were noncompliant with prescribed treatment.

Keep a Treatment and Pain Journal

Pain affects everyone differently. For some people, a 2-3 mm disc bulge in their spine will be immensely painful; for other people, the same injury will not bother them much. For this reason, insurance adjusters often justify low settlement offers by trying to categorize your injury with the “average” pain and suffering involved in such an injury. There is no “average” injury, of course, when it comes to your health. Your financial recovery should not depend on how much pain other people feel. For this reason, if you keep track of your pain levels in a notebook, you can track the ways in which your injury have affected your life, and later use this to prove to insurance adjusters that you were in fact injured, and that the consequences of their insured’s causing an accident have affected your day to day life.

Call an Injury Attorney

Not many people want to get lawyers involved in their problems. The challenge with injury cases is you usually don’t have experience or an understanding as to how the claims process works. Thus, you don’t know what you don’t know, and are at a severe disadvantage when it comes to knowing whether you’re getting taken advantage of, or whether the insurance company is treating you fairly. Ask a lawyer who practices injury law your questions. You will have a better understanding of how the claims process works. Just because you call a lawyer does not mean you have to sign up with a lawyer and take your case to trial. In fact, the involvement of an injury lawyer in your case may mean you’re less likely to end up in court. Why? Because insurance companies know that if a good lawyer is involved in representing you for your injury, they are often better off playing fair and paying you a fair settlement for your claim than going to court.

Nobody wants to get a lawyer, but the numbers don’t lie: personal injury plaintiffs who have a lawyer are much more likely to get a fair settlement from their injury claim than if they try to settle their case alone. Will a big chunk of the “extra money” you hope to get by going with a lawyer end up going to the lawyer and not you? Great question to ask a lawyer! (Answer: not if you get a good personal injury lawyer).

Nobody wants to get a lawyer, but the numbers don’t lie: personal injury plaintiffs who have a lawyer are much more likely to get a fair settlement from their injury claim than if they try to settle their case alone. Will a big chunk of the “extra money” you hope to get by going with a lawyer end up going to the lawyer and not you? Great question to ask a lawyer! (Answer: not if you get a good personal injury lawyer).

Think Long Term

If you hurt your neck or back following a crash, you may have a day where you feel better, followed by several days of pain. You’re unlikely to feel the same way every day. This means you have to think long-term about the severity of your injury. Will you feel better in a month? Will you feel better in a year, or in ten years. Will you ever feel better? Remember that the person who caused the crash is legally responsible for making you whole again. That means you should be put back in the position you were in before the crash, both financially and physically. The law protects the injured for their long term health, but you have to do your part to think ahead. You can’t simply decide a year after a car accident that you’re still in pain and start going to the doctor and expect the at-fault driver’s insurance company to pay for your medical treatment. You have to think long term from day one, or as close to day one (the date that you were injured) as possible.

The 100 Deadliest Days: What You Should Know

The period between Memorial Day and Labor Day has become known by many people as the 100 Deadliest Days due to the number of traffic fatalities during this time. Many news outlets have reported on the issue in the last week, including most local California television networks and several California newspapers. While the '100 Deadliest Days' name is catchy and memorable, not everyone knows what it means.

Parents are the key to helping teens develop safe driving habits and setting easy to remember rules and guidelines.

Parents are the key to helping teens develop safe driving habits and setting easy to remember rules and guidelines.

AAA Research & Tracking

AAA is known for its roadside assistance program and auto insurance, but it is also a leader in tracking travel data. According to the company, more than 1,050 people were killed in car crashes that involved teenage drivers in the year 2016 during this period. The company also mentions several factors that affect the uptick in traffic deaths during this time, including nighttime driving, speeding, and distracted driving.

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Nighttime Driving

Teenagers drive a lot at night during this time period due to their changed social schedules, as school is out and many teenagers spend more time with their peers at night. Driving at night in urban areas, such as around sporting stadiums, bars, dance clubs, and other places where young people like to socialize brings with it additional possible dangers. For example, many of these activities including alcohol as part of the social activity - consider how many people have had a few drinks and then get in their car after a basketball or baseball game! Your teen shares the road with them, and teenagers should be aware of their surrounding drivers more so at night than any other time.

Nighttime driving also includes drivers who are making long passages and road trips. The drivers may be heading to or from vacation, and the longer we drive, the less attentive we can be. This includes drivers returning home from college, or visiting friends and family on the weekend from their jobs. Many car accidents in California's big cities, such as Los Angeles, San Francisco, and the Orange County metro area, involve people who work there and are trying to get home. Young drivers should know that these cities have especially high number of car accidents in the summer months.

Parents should note that it is not just in the late hours of the night (more appropriately, the early morning hours of the next day) when crashes happen. A recent study shows that more crashes involving teens actually happen before midnight.

Speeding

During social outings, teens are more likely to speed with friends in the car, or if they are hurrying to get somewhere to meet up with their friends. While it may be perceived to be an issue with young male drivers only, the reality is that anyone speeding excessively presents a hazard to themselves and to those people around them. Several fatal car crashes in recent years have occurred on roads where the public tends to drive fast, such as the 73 toll road that cuts through Orange County, or several backcountry roads in the Riverside and San Bernardino area. These roads are, at some times, seemingly empty, which gives some drivers the perception that driving fast is OK. Tragically, you don't need to crash into another vehicle, or have another car hit you, to be injured in a car accident. As has been the case in these specific areas, the roads are empty and drivers drive too fast, not aware of how their car operates at high speed. Add to the mix alcohol, nighttime driving, drowsy or distracted driving, and you have a recipe for disaster. 

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Young drivers should know that speeding is not only dangerous when they are trying to steer around other vehicles, but can also be fatal when you're the only one on the road. Speed also tends to be involved with many fatal motorcycle accidents, which also happen at a higher frequency during this time period.

Distracted Driving

Much attention has been given to the affect of distracted driving due to cell phone use lately, but cell phones are not the only cause of distracted driving. When it comes to teenagers, too many friends in the car is a bad thing, and every summer there are tragic crashes that injury and kill young people driving together. While carpooling is encouraged by many due to the benefits of reduced emissions into the environment, parents of teenagers should know their teen's social habits and advise accordingly. Some teenagers are better equipped emotionally to drive when they have their friends in the car. Sometimes it may be safer to be driving alone and meet your group at the destination, rather than risk being distracted by rowdy passengers.

Lyft and Uber have added another option to the mix, making it possible for passengers to ride together, but cutting out the need for any of the teens to drive. This option, it should be noted, is not fool-proof, as Lyft and Uber drivers can be distracted as well, and the news has been full of stories where drivers are distracted by their young passengers and have to insist on better behavior in the back seat. Your teen should know that it is important to keep the volume of his or her voice down if driving in a hired car, as the driver needs to be able to concentrate on driving.

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Talk To Your Teenager

As a parent, you are key to helping your teenager drive safely. Teenagers should know that their parents care, and that their parents have given them specific, easy to understand and remember rules regarding driving during the summer months. First, they should know that there are dangers and hazards they cannot control, but may be able to avoid. They should know that if they are involved in a car crash and are injured, they should not worry about money, but should go to the hospital or doctor and get the care they need. Teenagers should know that there are more car crashes this time of year, and there are a lot of intoxicated drivers, distracted drivers, and just plain more drivers in general on the roads during the 100 deadliest days.