Preparing To Meet With A Personal Injury Lawyer

Say you’ve been injured in a car accident that wasn’t your fault. This accident has totaled your car and left you with severe injuries. Those severe injuries required several surgeries and medical procedures costing thousands of dollars and you’re having to miss work on top of that. You’re in pain, you’re suffering, and you want to take steps to have your life put back together. If this situation sounds like your current one, you probably are entitled to some compensation and you’ll need to file a personal injury claim. And before any personal injury claim, you’ll need to meet with a personal injury lawyer, like Rush Injury Law in San Francisco. But how do you prepare for that meeting?  Planning, planning, planning.

Information First

Your personal injury attorney will ask a lot of questions about your accident in order to get an idea of what happening. You’ll be asked to describe the accident – when it happened, why it happened, how it happened, and who saw it happen. Hopefully you’ve taken detailed notes about the incident. Strong details are usually the key to maximizing your compensation. You’ll want to tell your lawyer everything about the incident, including the weather at the time, condition of the road, and the names of any potential witnesses. And they’ll also ask about your pain and how bearable or unbearable it is.

Bring All Your Documentation With You

A car accident will inevitably bring lots of paperwork and documentation. If police are called, they will take statements and file a report. If injuries occur, doctors and hospitals will document them, and possibly order X-rays and MRIs. Statements will be made to insurance companies. All of these documents are helpful in your personal injury claim and you’ll need to collect as much evidence as you can to present to your personal injury attorney. Here’s a list of items you’ll want copies of:

-The police report of the accident.

-Any medical procedures like X-rays.

-Medical bills from procedures or prescription medicines.

-Documents from work noting your missed time due to injury.

-Any notes from conversations with either your insurance company or the other driver’s.

-A list of important dates regarding the accident and any medical treatment received.

-Photographs relevant to the accident.

You don’t need to have a word-for-word account of everything that’s happened since the accident, but the more documentation you can provide, the stronger your case will be.

Ask Good Questions

Your lawyer won’t be interrogating you about the accident; it’s an open dialogue where you’ll need to ask questions as well. You might want to inquire about how the lawyer will be communicating with you as the steps of the case proceed. You might want to ask how long the process will take and whether you should discuss the case with friends and family. Asking questions is important for understanding how your case will play out, along with your chances of winning it.

Hurt in a car accident in the Bay Area? Rush Injury Law has you covered. Their attorneys have recovered millions of dollars for accident victims and they’ll fight to get you proper compensation.

My Personal Injury Case: What Are The Possible Resolutions?

If you have enough evidence that your lawyer wants to move forward with your personal injury case, you likely stand a good chance of getting some type of compensation. But outcomes in personal injury claims can’t be boiled down to just winning and losing. Sometimes there’s a winner, sometimes there’s a loser, but often the case never makes it before a judge. The online legal library Nolo.com ran a poll amongst their readers and found that 70% of personal injury claims ended with the plaintiff receiving some form of compensation and only 4% of those rewards came from a court case. So don’t fret if you’re terrified of the courthouse.

Resolutions Outside The Courtroom

Two main reasons exist that keep a personal injury claim from going to trial. First, the injured party could decide to drop their claim all together. Perhaps they don’t have enough money to continue paying their lawyer, or the lawyer did some digging and concluded that compensation was unlikely. But dropping a personal injury claim has consequences. In some instances, you might even have to pay the other party’s legal fees.

But the top reason personal injury claims don’t go to trial is an out-of-court settlement. Settlement compensation can vary, but they usually require the plaintiff drop the lawsuit in exchange for money and bills paids. Settlements usually reward the injured party with cash and pick up the check on any bills or lost wages. Usually, this is the ideal outcome because victims get rewarded and defendants keep their name out of the news.

If You Go To Court

If an agreement can’t be reached before trial, the case will go before a judge. California practices the doctrine of comparative negligence, meaning that both parties can be deemed responsible for a portion of the accident. Winners and losers still exist in these types of cases, but an injured party who was 10% responsible for an accident will still be forfeiting some cash.

Say you were involved in a car accident on a wet road. You were going 10 miles over the speed limit when another car blew a stop sign and smashed into the front of your car. Both you and the other driver claim the other was at fault, so the case goes to court. The damages from the accident total $50,000, but the judge deems that the other driver was 80% responsible because they blew a stop sign, but you were 20% responsible because of the speeding. In this situation, the other driver gets $10,000 and you get $40,000. Comparative negligence usually means winners and losers are blended into a gray area where both parties can be compensated.

Contacting Your Attorney

Your lawyer in your personal injury case will know your odds of winning a court case and will proceed in the best manner. If you’ve been injured through someone else’s negligence and think you may be entitled to compensation, contact Rush Injury Law right away and schedule a consultation.

Prevent Personal Injury This Summer With These Tips

Summer is right around the corner and with it comes vacations, sun, beaches, and lots of other fun, family-friendly activities. Visions of summer often include children playing, people sunbathing, and other activities that don’t seem the least bit dangerous. But when summer comes, it brings some bad news as well as good. In the summer months, crime rates increase and DUI arrests skyrocket, especially in California. The nicer the weather, the more opportunities for criminals to hit victims. Children also become more susceptible to accidents as they are outside more and playing in pools or other bodies of water. Here are a few ideas to keep yourself out of the ER (and attorney’s office).

Keep A Closer Eye On The Kids

Summer is the best time of the year to be a kid. School is out, friends are around every day, and the weather permits all kinds of fun outdoor activities. Unfortunately, this also increases the risk that children get hurt. Drowning is one of the leading causes of death in children under 14 and a majority of those deaths occur during the warm summer months. If your kids are playing in a pool, they need your undivided attention. That phone call can wait until they’re done swimming (or at least make them get out of the pool while you answer it). It only takes a few minutes for an accident in a pool to result in permanent consequences. Fence off the pool area and let your children know they aren’t allowed inside without an adult.

Be Careful Driving (Especially At Night)

Let’s be blunt here – if you get a DUI in the age of Uber being in every major city, you probably aren’t scoring very high on any intelligence tests. But while drinking and driving is illegal, being stupid is not and people still try to get away with it every year. Overall, drunk driving incidents are down, but those totals increase in the warm summer months. If you want to avoid these clowns, take extra caution when driving at night. And make sure to be off the roads by the time the bars close. Increased police presence and checkpoints aren’t enough to deter the most reckless offenders, so always keep an eye on other cars.

Avoid Unfamiliar Areas

Vacation goers are often prime targets for criminals. They’re in an unfamiliar location, often carrying cash, and usually not completely in tune with their surroundings. All kinds of crime increases in the summer as teenagers are out of school, people are frequently not home, and excessive heat brings short tempers. Stay out of arguments and keep all doors and windows locked when you aren’t at home (or the hotel if you’re vacationing). And if a group on the beach is drinking, swearing, and blasting loud, inappropriate music, let the cops handle it.

Rush Injury Law handles personal injury cases of all sorts and their attorneys are experts in getting injured parties their proper compensation. If the summer heat has resulted in you getting assaulted or injured, contact James Rush now and schedule a consultation.

What Is Medical Malpractice?

The motto of all healthcare professional is “do no harm”, but despite this, medical errors still occur. According to the Medical Malpractice Center, there are up to 19,000 medical malpractice claims in the United States every year. Malpractice can come in many different forms, from surgical mistakes to misdiagnoses, even for improper medication prescriptions. Over $38 billion in damages was paid out to malpractice victims between 1986 and 2010 and all doctors are taught to prepare for at least one malpractice suit in their lifetime.

Despite nearly 200,000 deaths per year in the United States (making it the third largest killer), only 20% of medical malpractice suits result in compensation for the victim. For a medical malpractice suit to materialize, a few factors must exist:

-A medical professional failed to provide an adequate level of care or didn’t adhere to the standards of a doctor or surgeon (note: this includes dentists as well). Medical providers are sworn by their professional duty to patients. Any time a patient schedules an appointment with a doctor, they enter this professional relationship.

-The patient must have sustained an injury caused by the negligence of the medical professional. If you think a doctor did something negligent but you weren’t harmed by it, you won’t have much of a case.

-The injury had serious consequences, such as pain, suffering, disability, and loss of income. If you receive plastic surgery and simply aren’t happy with the results, you again will not have much of a case.

Some examples of medical malpractice include an improper diagnosis, unneeded surgery, failure to order the correct testing procedures, inability to recognize symptoms, or not taking the patient’s history into account.

Note that the important thing here is negligence – medical professionals owe a duty to their patients and violating that duty could result in malpractice. In California, you have 30 days to report the injury after it occurs, or two years following the medical procedure.

Preparing Your Case

Medical records are critical in medical malpractice cases. You and your attorney will need to prove the medical professional acted negligently in causing your injury. Detailed medical records are key in determining the compensation you’re entitled to.

In California, non-economic damages are capped at $250,000. Non-economic damages (or general damages) refer to things like anxiety, depression, and loss of life enjoyment that are hard to determine monetarily. There’s no cap on the amount you are able to recoup for medical procedures, tests, and doctors visits made in attempt to heal the malpractice injury. There’s also no cap on the amount of damages for lost wages a victim can receive.

Doctors and hospital are supposed to be healers and caregivers, but medical professionals are human beings who are just as susceptible to mistakes as the rest of us. However, these mistakes can lead to personal injury or even wrongful death. If you or a family member have been injured or killed due to medical negligence, contact Rush Injury Law today and find out what your options are.

I Was Hit By A Car Riding My Bike. What Should I Do Next?

We don’t think of bike riding as a hazardous activity, but injuries to bikers are all too common, especially for those biking on city streets. If you rode a bike as a kid, you inevitably fell, skinned a knee, and fought back tears as your parents put Bactrim on it. But for adults commuting by bike in major cities, a skinned knee isn’t the only thing to worry about. Bicycle traffic fatalities are on the rise, and California really isn’t helping the issue. More bicycling fatalities happen in California than any other state in the union and San Francisco can be especially dangerous for bikers.

Keep Yourself Safe

If you’re riding a bike in an urban area, you’re at risk of major injury (or worse). Most bicycles weigh under 50 lbs while the lightest car on the road is still hovering at close to 2000 lbs. So it doesn’t matter how or where an accident happens, a car and bike colliding is going to do more damage to the bike and rider than the car and driver. This means that following the rules of the road is critical. Bikers should always ride with the flow of traffic and never against it. Be mindful of stop lights and signs and always signal if you’re making a turn onto a different road. In California, bicyclists should ride on the right side of the road and have reflectors on their bike at night.

Hurt On A Bike

If you’ve been injured in a bicycle accident, you’ll be entitled to the same damages as a car accident victim provided the driver was proved to be at fault. This works the same way as accidents involving two cars – the comparative fault is used to determine who is responsible. If the car driver blew a stop sign, but the biker did not signal their turn, both parties might receive some degree of blame (ie. the driver might be assigned 80% of the blame and the cyclist 20%).

If you’ve been hurt in a biking accident, call the police right away. Act like you would in a car accident situation and take the necessary steps.

Take photos of the accident, including the condition of the bike, car, and injuries to either party.

Call the police immediately.

Don’t move to the side of the road. Let the accident remain as is until the police arrive.

Get the name, license plate, and insurance company information from the driver.

Talk to any witness and ask them what they saw.

Bicycle injuries are unfortunately ever common in California, and you’ll want to have insurance, even if you just ride the bike 1 mile to work. California law only requires drivers to carry $15,000 in insurance coverage. Be prepared to cover yourself for a while, especially if the driver denies fault. If you’ve been injured in an accident like this, contact Rush Injury Law today and get the compensation for injuries that you deserve.

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