restitution

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.

 

 

 

 

Fall Weather Driving Hazards

Parts of California may enjoy some of the most predictably sunny weather in the country, but even minor changes can result in major safety hazards. An increased awareness of road conditions that can result in dangerous conditions may help you avoid an accident.

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Wet Roads

We all know that California cities often crawl to a stop during heavy rains, but most of the precipitation on the roads is not heavy rain, or rain at all. With daylight savings time approaching, the days feel shorter and many drivers will be making their morning commute in the dark. Condensation settles on the road heavier this time of year than most. Even cities in Southern California, like Los Angeles, Orange County (which includes major business hubs like Costa Mesa and Irvine), and all the way down to San Diego, experience higher levels of morning dew. Similar to black ice in colder climates (some parts of California of course to have black ice as well), dew can be unrecognizable and therefore even more dangerous. If you are driving in the morning or evening, consider there may be more condensation on the roads than you can see, making fast stops and high speeds dangerous. Every year, drivers are injured and killed in California car accidents that are the result of a driver not realizing slick conditions on the roadway. Slow down, give yourself more time to break, and remember that there's more water on the road than you see, even if it is in the form of dew or fog.

Fog

Similar to dew, fog becomes a safety issue this time of year, especially in coastal cities and mountainous areas. Fog presents many safety hazards, and is a more obvious dangerous condition than dew, as drivers can readily see their visibility is impaired. Don't use your bright beam headlights - it doesn't help and it makes the situation even more dangerous for other drivers. Drive slower, put your normal lights on, and give yourself plenty of time to get to and from your destination. Keep your foot on the brake, as fog can be more dense in some areas and significantly decrease vision. The California Highway Patrol responds to fog-related accidents resulting in injury and death every year at this time, sometimes single-car accidents where the driver becomes disoriented and crashes. Avoid crashing your car in fog by taking it slow and proceeding cautiously.

Pedestrians

Halloween is, of course, a time of great excitement and increased pedestrian traffic. It is not just the neighborhoods, either. Consider there are more people at the grocery store and shopping mall, and as happens during every holiday season, people preparing for holidays are often aloof and not paying attention. Auto versus pedestrian accidents often result in serious injury or death, as no person is a match for a moving automobile. Pedestrians bear responsibility too: if you are walking in areas that pedestrians share with cars, remember to keep your eyes up and stay off your cell phone. Drivers owe pedestrians a heightened level of care because they are driving heavy machinery that can be dangerous and deadly. Pedestrians too can help avoid accidents simply by paying attention and acknowledging they see drivers, and visa versa.

Darkness

Daylight savings time results in more darkness, especially in the early evening. You should drive more slowly in the dark, taking more time to get to your destination. Remember that visibility is decreased, meaning other cars, bicyclists, and pedestrians are more difficult to see. Drive slowly, and remember that your response time is diminished when it is dark outside.

Involved in a Fall Weather Car Accident or Injury?

For those unlucky enough to be injured in a car accident, or an auto versus pedestrian accident or slip and fall injury, the road to recovery can be challenging. Insurance companies are notoriously difficult to work with and even more difficult to get fair compensation for your losses. Speaking with an experience personal injury attorney may be advisable. If your injury wasn't your fault and you are wondering how you will pay for everything, a good injury law firm will be able to give you sound counsel regarding your options. The Lions Injury Lawyers help people throughout California bounce back after an accident. If you are wondering what to do and how you will recover, the attorneys at The Lions Injury Lawyers will be more than happy to give you a free case assessment, as well as recommend medical providers that may be willing to provide high quality healthcare at no cost up front.

Going With a "Local" Attorney: Pros and Cons

After a car accident in which you were injured, you may wisely decide to discuss your case with an injury attorney. The benefits of talking about what happened can be great, and there really is no risk - all injury attorneys will gladly discuss your incident free of cost. But before you get on the phone, which law firm or attorney should you call? This blog post will address the pros and cons of going with a "local" attorney.

What To Look For In an Injury Attorney

Consider first that your lawyer will be your advocate, your representative. You want he or she to be familiar with all aspects of injury law where you live. If you live in California, this means the lawyer will be admitted to practice law in California. The laws regarding injuries are the same in California whether you live in San Diego or San Francisco. In this regard, the attorney who's office is down the block from where you live is not more qualified or experienced to handle your car crash if the accident happened locally. More important than geography is experience and expertise in the specific practice of injury law. Thus, if the attorney practices injury law exclusively, he or she may be more likely to be successful in handling your claim than a "generalist" attorney. This is similar to medicine. If you have a specific injury, say to your eye, you could certainly visit your primary care physician, who would be able to help you with your injury, to some extent. However, a doctor specialized in eye injuries, such as an opthamologist, would certainly have the expertise and experience to give you thorough, high-quality care. The law is similar. The more specific an attorney's practice, the more likely they are to be up to speed on that specific area of law. 

Is Local Better?

In short, no. Consider that your attorney will be corresponding with the at-fault driver's insurance company on your injury claim. Your attorney will be your advocate, fighting for your fair and reasonable recover. This is done via letter, over the phone, and if necessary, in court. The vast majority of injury cases in California, no matter where you live, will settle out of court. Your attorney will be discussing your claim with attorneys for the insurance, who may be located anywhere in the country. For example, several large insurance companies have their main offices in Georgia, Arizona, and on the east coast. Their attorneys may or may not be in California. Again, technology allows representatives from all over the country to handle the matter. Thus, whether your attorney lives hours away or down the street, his or her skill in injury law is what matters, not how close you live to the office.

Should I Meet My Attorney In Person?

This may be a surprise to many people, but often times claimants (injured people who hire an attorney) never meet their attorney in person. Why? It is simply not necessary in most cases. How is this possible? Again, technology. Your attorney's office will request all medical documents directly from your doctors. You will provide the office with photographs and any applicable documents related to your California car crash, and your attorney will go from there. There are, of course, some cases where meeting in person with your attorney may be beneficial. Some attorneys utilize Skype or FaceTime, or other live video apps, to make this possible. Your attorney should be willing to meet with you personally, but don't assume you will get a better outcome if you meet with your attorney in person. Your case comes down to the facts - and you attorney's skill in advocating your injury claim. A good injury lawyer will do this regardless of whether you meet in person.

What About Going To Court?

Most car accident cases never go to court. Court is expensive, inefficient, and takes a very long time. In the end, you are not likely, in many cases, to get more money for your injury case if it goes to court. Thus, your injury lawyer will, in many cases, be able to get you just as much money outside of court, either in pre-litigation negotiations, mediation, arbitration, or any setting prior to court. If your case goes to court, your injury attorney will make appearances on your behalf, regardless of where their office is located. Therefore, injured people are usually better off choosing an attorney who handles lots of injury cases, rather than just choosing the lawyer who has an office in town or down the road, or where the accident happened. In most cases, where the attorney's office is physically located is not important. 

The Lions Injury Lawyers represent clients throughout the state of California, from San Diego all the way to the Oregon state line. The Lions Injury Lawyers practices injury law exclusively. Wondering what your case is worth, how to proceed, or what you should be doing after a car crash? Call the Lions Injury Lawyers to discuss your car crash case with an attorney today. 

"Delayed" Car Accident Injuries

The variety of injuries you may suffer if you are involved in a car crash is expansive. There are typical injuries, such as fractures, cuts, whiplash, and neck strain. Some of these appear immediately, such as a broken bone or a laceration (cut). However, some injuries do not appear until several days or weeks after the accident. What then?

See A Doctor

The best advice is always to seek the treatment and evaluation of a qualified medical professional. Often times this means a visit to your primary care provider. However, if your health care provider is like most medical offices, getting an appointment is not easy. For many offices is Los Angeles and Orange County, which are heavy populated areas, it can take weeks and even months to get in to see your doctor. If you are frustrated with the amount of time you have to wait to see a doctor, you are actually appropriately justified in feeling that way: it is critical to your health that you see a doctor after an injury accident, especially when you cannot determine the full extent of your injuries by yourself. 

Go To Urgent Care If Necessary

If you can't get in to see your doctor, or you feel you are being marginalized and turned away with minimal "gloss-over" care at your normal doctor's office, you should go to an Urgent Care facility, even if you have to pay out of pocket. Sometimes, an established injury attorney may be able to sign a lien so you can visit an Urgent Care facility at no out of pocket cost to you. The important this is to see a doctor as soon as possible.

What If Your Injuries Only Appear Later?

"Delayed" onset injuries are common in car accidents. Why? Your body responds to trauma and high-stress environments differently than it would in other circumstances is one reason you may not feel the injury right away. Consider than after a car crash, you may be scared, worried about your vehicle, worried about the safety of your passengers or the driver of the other vehicle - the number of things you have to consider all at once is overwhelming, for anyone. Your brain can only handle so much stress. It is rare, but occasionally people who suffer even severe fractures and lacerations do not notice until hours after the accident because they are preoccupied with handling immediate concerns at the scene of the accident.

When injuries appear that you connect to the crash, you still need to seek medical attention. Your car accident attorney will be well versed in arguing on your behalf. Don't expect the insurance company to pay you for your injury unless it is appropriately documented in your medical records. The only way to do this is to see a doctor as soon as possible.

What Kind Of Injuries Are Often "Delayed?"

There is no definitive list as to which injuries that result from car accidents show up later, but the most common injuries are whiplash, concussions, sprains to the neck and back, and bruising. Every person's body reacts differently, but injuries to the "soft tissue" areas of your body, such as muscles, ligaments, and tendons, can take time to exhibit symptoms, due to the body's endorphin and adrenaline response, which tries to cover up or less pain associated with damaged tissue or bone. 

Will The Insurance Company Pay Your Medical Bills?

The answer depends on how you approach your injury and your injury claim. If you simply submit your medical bills on your own to the at-fault driver's insurance, you do not have a high chance of having your medical bills paid. Why? If you did not seek immediate treatment, they will almost always deny payment, saying there is an inexcusable "gap in treatment." At The Lions Injury Lawyers, we have seen insurance companies deny payment on medical bills that were incurred only two days after a major accident. (Of course, we fought and won, and they ended up paying. But without an attorney, the claimant would have had to pay out of pocket). A good injury attorney will make sure the insurance company pays them. Do not expect them to be paid just because you say the bills are a result of your car accident. Even if the police report says their insured is at fault, and you went to the doctor immediately, insurance companies are notorious for using a very long list of excuses for not paying medical bills.

You're Feeling The Effects of Your Crash - Now What?

You deserve to be fairly compensated for your injuries. That won't happen easily. The Lions Injury Lawyers know the ins and outs of the insurance industry's approach to injury claims, including the tricks and traps they utilize to minimize the amount of money they will pay you for your claim. Don't get taken advantage of. Even if you don't sign up with our firm, you owe it to yourself to speak with someone who has done this before. (Or, preferably, thousands of times before!) When you call The Lions Injury Lawyers, you'll speak with an attorney, not a salesperson. We are not a legal marketing firm - we don't just sign up clients and sell their files to other law firms. We will fight to get you fair compensation and make sure you don't get taken advantage of by predatory insurance adjusters. Serving all of California, including Orange County, CA, Los Angeles, CA, San Bernardino, CA, San Diego, CA, and the inland empire, we are ready to help you get what you deserve.

How Long Will It Take To Resolve My Injury Claim?

California Car Accidents and The Waiting Game

Many people who are injured in a California car accident proceed to file their injury claims on their own with the at fault driver's insurance company. At the start, there's a lot happening. There may be telephone calls with insurance adjusters, meetings with insurance representatives to inspect your damaged vehicle, and trips to the doctor to assess your injuries. However, many people are left without any compensation after many months, even years. Why?

Insurance Company Motivation

You may be asked to make a recorded statement with the at fault driver's insurance company. Most injury attorneys strongly advise against this. The insurance company wants to ask you very specific questions, and although the police report may state you are not at fault, your answers may provide leverage for the insurance company to deny your claim. Or, with your recorded response, they may try to reduce the amount of money they say you're entitled to. Either way, once you have given a recorded statement and played their game, the insurance company has very little motivation to work with you. They will likely offer a small amount of money to settle. The insurance adjuster uses a complex algorithm to come up with a settlement number. If you're wise, you will likely reject this first offer, as there is almost always more money on the table. However, in rejecting it, your file may be put on the back burner for a very long time. In fact, the insurance adjuster may just hope you forget about it. If you don't file a lawsuit within two years of the date of your accident, the insurance company will not have to pay you for your losses. The longer an insurance company can avoid paying you for your injury, the longer the company holds on to the money, and the more likely it is you'll end up with nothing.

What Can You Do?

At the very least, we strongly recommend you speak with an experienced injury attorney who focuses on California injury cases. Most law firms offer free consultations. The advice that "you don't know what you don't know" is especially true when in comes to working with insurance companies. You likely do not know what the California Insurance Code requires of insurance companies - these are the rules they are supposed to play by. If you don't know the rules, how can you call them out when they're clearly breaking provisions in the insurance code? A short conversation with a car crash attorney will help you understand what to expect from the insurance company.

Expectations When Dealing With Insurance After Your Injury Accident

Don't expect the at fault driver's insurance to pay all your bills. Do expect them to try to reduce the amount, if any, they are willing to pay for your healthcare. Expect your bills to be reduced, regardless of where you sought medical treatment. Is this fair? Not necessarily. Again, the insurance companies know that you are unlikely to call them on it, and for good reason: most injured claimants do not know how to react when an insurance adjuster refuses to pay their healthcare bills. A competent and skilled injury lawyer will argue on your behalf and ensure that you are compensated for the amount of your bills that were the result of your car accident. Negotiating fair payment for your medical treatment can take many telephone calls and the exchange of specific documents verifying your medical care. This takes time, and the insurance companies are more than willing to delay reaching a resolution, as it is in their financial best interest.

What About Litigation?

In the best case scenario, an injured claimant will be compensated for their pain and suffering, as well as the cost of their medical expenses, prior to filing a lawsuit. A good personal injury attorney may be able to achieve this on your behalf prior to filing a lawsuit. However, each case is different, and your case may necessitate litigation, meaning a complaint is filed on your behalf in the courts against the at fault driver. When this happens, the insurance company of the at fault driver hires a law firm. Depending on the complexity of your case, litigation can take years to resolve. However, most injury law firms try to expedite the process as quickly as possible.

So How Long Will It Take?

There is no uniform answer as to how long it will take to resolve your injury claim. If you're willing to settle for pennies on the dollar, you may be able to resolve your injury claim quickly. However, if you want fair and reasonable treatment, and you want to be treated with respect and within the guidelines of the California Insurance Code, you may need to hire a California injury attorney to represent you. Because insurance companies know that injury lawyers know the law and the value of your case, you are much more likely to be handled fairly when you have an attorney in your corner. A good lawyer will expedite the process when possible.

The Lions Injury Lawyers, P.C. represents injured people throughout the state of California. Located in Newport Beach, California, they represent people from Orange County, San Bernardino County, Los Angeles County, and throughout the state. If you have questions regarding your claim, or whether you have a claim at all, they can be reached at (949) 329-5000. All consultations are free of cost, and you will speak with an attorney, not a salesman. 

Documenting Your Expenses For Your Personal Injury Claim

The cost of an auto accident can quickly spiral out of control. When you face the potential for large medical bills due to someone else's negligence, it is understandable that many people become distraught and frustrated. Add to the mix the cost of childcare, time off work, transportation costs to and from treatment, and prescription medications, and your out-of-pocket expenses may become substantial. With the help of a good injury attorney you can be reimbursed for these expenses, but not without receipts. Insurance companies are notorious for refusing to pay for any expense without a receipt. 

Keep All Receipts

The best thing you can do is to keep all of your receipts. Most smartphones are able to scan receipts easy. Give these to your personal injury attorney. In the hands of an experienced injury lawyer, the at-fault party's insurance company will likely eventually pay up. Unfortunately, some costs can be impossible to recover without a receipt. For example, if you have young children and you have to pay someone to watch them when you go to your doctor appointment, you must have some documentation of this in order to get your money back.

Keep A Diary

The better you keep track of your expenses and physical recovery, the stronger your case is likely to be. Detail your progress physically, and of course record all out-of-pocket expenses. Remember, if the accident was not your fault, you should not have to pay for your recovery. The cost of transportation adds up. After a few months, that ten mile drive (one way) to your doctor cost you a lot more than a few dollars! Don't just pay for it - keep track of it!

Provide Your Injury Lawyer Your Bills

Billing departments commonly send out frequent reminders of outstanding bills. Your attorney should have these, as they make your case stronger. Your attorney should be the first point of contact for medical billing departments, but if this is not the case, you want to make sure your lawyers have the most accurate cost of your medical expenses. 

"I Don't Want To Sue Anyone"

If someone hit you and injured you, that person's auto insurance policy will pay for your injuries eventually. Of course, most people who try to reach a settlement on their own either settle for a small amount, or become so frustrated that a good injury attorney is needed to get a realistic and fair settlement worked out. Don't feel bad about filing a claim - this is what auto insurance is for. Most of us do not keep tens of thousands of dollars in our bank accounts, just in case we injure someone. This is what insurance companies do, and they make enormous amounts of money. You are only hurting yourself by not filing a claim if you were hurt by the negligence of an insured driver.

When To Call An Injury Lawyer

If keeping track of all your medical expenses becomes too much, a good injury law firm will have an experienced staff ready to help you. Also, if you're trying to get your medical bills reimbursed but the driver's insurance company is not playing fair, you need a lawyer. Unfortunately, often the only way to get the insurance company's attention is for a lawyer to call on you behalf. When this happens, their review process automatically changes. This works in your favor, and most of the time it means you will walk away with more money in your pocket. 

For more information about California Personal Injury claims, contact The Lions Injury Lawyers, P.C. today. 

Pain & Suffering: How Is It Calculated?

Who Is At Fault?

In a criminal court case, the at-fault party is brought to court by the government. The case amounts to the government showing that the accused perpetrated a crime. Personal injury cases are different. In a personal injury case, the claim is brought by one individual against another individual. The case amounts to the injuries of one person were caused by the actions of another. In the case of car accidents, the injured party shows that the other party caused the accident, and therefore caused the injury.

Fault = Liability

When one party is determined to have caused the accident, they are at fault. If this person caused  a car accident, for example, his auto insurance provider would accept liability for the injuries caused. This part of the case can be confusing and frustrating. Insurance companies often try to show that their insured (the at-fault driver) was not entirely at fault. Insurance providers do this so they will not have to pay as much money for the damages their client caused. The injury lawyers at The Lions Injury Lawyers, P.C., are well versed in the many excuses insurance companies use to try to deflect liability. 

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Restitution

Restitution is the compensation the injured will receive in order to compensate the wrong that was done to him. In a personal injury case, restitution covers reasonable medical expenses, lost wages, and pain and suffering. Insurance providers frequently fight to pay less than the amount of the injured party's medical bills. They use a host of tactics to try to prove that the injured's bills were not "reasonable." Despite this, a good attorney can make sure the injured party is reimbursed the full cost of their client's medical expenses. The costs you incur to treat your injuries, therefore, are essentially reimbursed. The great unknown amount in personal injury cases comes from what are called general damages, or pain and suffering.

Pain And Suffering

There is a lot of confusion surrounding how pain and suffering is calculated in a personal injury case. There is no simple formula for calculating how much someone's pain and suffering is worth. The question becomes how much an injured person should be payed by the person who caused his or her pain. The at-fault party pays money to the injured party to compensate them for the injuries they caused. In an auto accident case, the driver's insurance company pays this amount. Again, a skilled attorney is critical. Experienced attorneys know what similar injuries were "worth" in previous cases. For example, if an attorney has seen a hundred cases where his client suffered a similar injury, this attorney will have a good idea what the approximate amount of money they should expect from the at-fault party's insurance company. There is no chart that can determine what your injury is worth. One of the best ways to ensure you are getting a fair settlement is to rely on the experience of a seasoned personal injury attorney who has gone through similar cases many times in the past.

Negotiations

Because there is no objective way to evaluate price tag on your injury, the process of evaluating pain and suffering is often a negotiation between the injured and the at-fault party's insurance company. A good lawyer will not accept the first or even second offer. Sometimes it is necessary to file a court complaint against the at-fault individual in order to motivate the insurance carrier to pay a fair price. Without an attorney in their corner, many injured claimants are offered very low amounts to settle their claims. If they are wise and seek the counsel of a personal injury attorney, the amount the insurance company offers often increases dramatically once an attorney is involved.

Is It Fair?

Imagine two people suffer the exact same injury. One person settles his case with the insurance company by himself. The other person hires an attorney. The person who hires a quality attorney will most certainly receive more money for her injuries. Remember, their injuries were exactly the same. It is not fair, but the injured person who hires an attorney to represent her will almost always recover more money.

Your Personal Injury Case

Don't be the injured party that gets taken advantage of by the insurance company. The lawyers representing the insurance companies are very good. You'll need someone with passion, someone ready to fight back and win what you deserve. The experience attorneys at The Lions Injury Lawyers, P.C. stand ready to win the true value of your injury case. Contact The Lions today for a free consultation.