Three Tips For Dealing With A Car Wreck

Posted by on Mar 30, 2016 in Uncategorized | Comments Off on Three Tips For Dealing With A Car Wreck

Getting into a car accident can be scary, especially if you have never been in one before. For this reason, you need a game plan for how to proceed, since this will be not only a matter of safety, but also one of legal matters. With this in mind, consider these three tips and use them so that you can reach out to an auto accident attorney for further help. 

Tip #1: Know The Laws Of Your State

Each state has different laws when it comes to vehicle accidents. The most important thing to keep in mind is the statute of limitations. If you fail to report the accident and file a claim with the courts by a certain amount of time, it will no longer be legally valid. Each state has different statutes of limitations — for instance, Idaho has a statute of limitations of 3 years for property damage and 2 years for injuries, while Colorado has a statute of limitations of 2 years for property damage and 3 years for injuries from a car wreck. You must also be careful about what you say when exchanging information with the other driver. Exchanging apologies can be dangerous, because the other party’s lawyer can consider it an admission of guilt, which can cause you to lose your case. When you put together a legal case, you are proving negligence and injuries, so you will need proof of your medical bills and the help of a quality attorney. 

Tip #2: Find The Right Lawyer

Be sure that you touch base with your state Bar Association to find the right lawyer, and also touch base with a variety of physical therapist clinics. These clinics can point you in the right direction of excellent auto accident attorneys, while also helping you to heal of your injuries. Be sure that you feel comfortable about your lawyer’s strategy and the way that they communicate with you. You should also shop for the best price. Auto accident attorneys get paid on contingency, which means that they will receive a portion of the payout that you get at the conclusion of the case. 

Tip #3: Be Prepared To Work With Your Lawyer For The Long Haul

When preparing for court, you will go through a number of sessions with your lawyer to be sure you are prepared to tell your story. They will guide you through the process and allow you to feel comfortable. Be sure that you focus on healing up, because the process of going through the courts for an auto accident can be long and laborious. 

Use these tips in order to bounce back from your car accident. 

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Rules To Consider When Filing A Lawsuit For Medical Malpractice In California

Posted by on Mar 14, 2016 in Uncategorized | Comments Off on Rules To Consider When Filing A Lawsuit For Medical Malpractice In California

If you believe that you were a victim of medical negligence, then you might have thought about filing a lawsuit. After all, a successful lawsuit can give you compensation for all of your medical bills, and potentially even compensation for your pain and suffering. However, medical negligence can be an extremely complex topic, especially when dealing with laws that vary from state to state. To help make sure that you know what you’re getting into, here are some of the laws that you will encounter when filing a medical negligence lawsuit in California:

The Statute of Limitations

The statute of limitations is pretty simple in most situations, but it can get a little trickier in medical malpractice cases. You have 3 years from the date of the injury to file your lawsuit. However, if you don’t actually discover the extent of your injuries for years, then you still have an opportunity to file. In that case, you have 1 year to file from the date of discovery.

In other words, you have a pretty sizable window of opportunity if you immediately realize that something is wrong. If you were treated negligently, then you have 3 whole years to prepare your lawsuit and gather your evidence. You may need to get the money that is necessary for a lawsuit, since you might end up with a chunk of legal fees.

On the other hand, discovering your injuries later can put you in a race against the clock. One year may seem like a long period of time, but it can take you quite a while to gather the necessary documentation. You will need to get a variety of medical documents that prove negligence, which means that you should begin your preparations as soon as possible.

Medical Malpractice Damage Caps

Like many states, California imposes a cap on certain damages in medical malpractice cases, which happens to be $250,000 in non-economic damages, as listed in 3333.2 of the California Civil Code.

This may sound like a pretty serious restriction, but it actually doesn’t affect all of your damages. In fact, this cap has no effect at all on your medical bills, lost wages, and future care. Those damages are not subject to any caps, meaning that you can ask for the full amounts in all of those categories without needing to worry about restrictions. What is restricted is pain and suffering, which is a pretty nebulous concept. The size of your non-economic damages will highly depend on the mood of the court and how well you have convinced them of the legitimacy of your case.

Ultimately, you don’t need to worry about getting your medical bills and lost wages covered, but you can hit an upper limit when it comes to asking for additional money for emotional and psychological stress.

To speak to a personal injury lawyer, contact a law firm such as Modesitt Law Offices PC.

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