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Table of Contents
1. Introduction 1.1 Why we wrote this 1.2 How to get in touch 1.3 Legal Notice 1.4 Zero Fee Guarantee 2. Three good reasons to get legal help 3. Auto accident checklist 4. Common questions & answers 4.1 What should I do if I was in an accident? 4.2 Do I need an attorney? 4.3 Are there alternatives to going to court? 5.1 Who can recover damages? 5.2 How much can I get for my injuries? 6.1 How much time do I have to le a claim? 6.2 Can I be compensated while out of work? 6.3 Who is going to pay my medical bills? 7.1 I have no health insurance, how does this impact my case? 7.2 What if I was partly at fault? 8. Important Tips 8.1 Uninsured / under-insured coverage 8.2 Med Pay Provision 9. Dos and Donts
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Introduction
1.1
1.2
1.3
Legal Notice
The information presented in this document is for educational purposes only. Only your attorney can give you legal advice. If you were injured in an accident, you should discuss your options with an attorney before making any sort of decisions. We dont say this simply to cover our bases; you should really talk to an attorney to get a good assessment of your particular circumstances as they are almost certainly different from anything described here. The information found here or anywhere else online is not a substitute for personal attorney services. Since our consultations are free, we encourage you to give us a call or send us an email to have your questions answered. Well let you know if you have a case, then you can legally retain us as your attorneys should you choose to do so.
1.4
ZERO FEE
GUARANTEE
FISHER & TALWAR (213) 891-0777 VT@FISHERTALWAR.COM
(213) 891-0777
VT@FISHERTALWAR.COM
We hope you never have to use this checklist, but recommend printing a copy and keeping it in your glove box should anything happen.
ACCIDENT SKETCH
STATE
ZIP
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PLEASE INDICATE
MODEL
YEAR
Accident Checklist
Get medical help Contact the police Get license information from all drivers involved Collect contact information from passengers and witnesses Take photos of the accident scene with camera/phone Sketch the accident as soon as you are able to DO NOT discuss the accident with anyone other than police Contact a qualied auto accident attorney as soon as possible
WITNESS #1 NAME
PHONE
ADDRESS
WITNESS #2 NAME
PHONE
ADDRESS
(213) 891-0777
VT@FISHERTALWAR.COM
4.1
A:
If you were involved in an accident, follow the steps outlined in the checklist on previous page. The steps are: 1. Get medical help if anyone is injured. 2. Contact the police department so that an ofcer can make a report. 3. Take photos of the accident scene if you are in capacity to do so. Try not to move anything. The more photos, the better (damages, injuries, license plates etc...) 4. Collect drivers license information from all drivers involved and their insurance information. 5. If there are any witnesses to what happened, collect their contact information. 6. Report the accident to your insurance company and contact an attorney as soon as you are able to. Do not discuss the accident with anyone other than police.
4.2
Do I need an attorney?
A:
If any of the following are true, then you should speak to an attorney:
You were physically injured in the accident. You daily activities have been limited by your injuries. You have medical bills as a result of the accident. The insurance company is quick to offer an unreasonable settlement. The accident report is incorrect. The insurance company is asking you for a recorded statement. You are said to be at fault when you are not. You are not sure what your rights are or what to do. You would rather have an experienced professional negotiate on your behalf.
When the accident is minor and nobody was injured, it may make more economical sense to handle the claim on your own.
4.3
A:
Yes, you could demand a settlement from the insurance company on your own by submitting copies of your medical records, bills and other supporting documentation of damages sustained. You will be presented with an offer. If you are not satised with this offer, you could request mediation. It is unlikely that the insurance company will mediate your claim unless there are serious and/or catastrophic injuries involved, in which case it is better to seek an attorneys help. Another option is to le a lawsuit requesting the court to order mediation, arbitration or any other form of settlement discussions with parties involved.
(213) 891-0777
VT@FISHERTALWAR.COM
5.1
A:
The person who is injured has a right to make a claim. Spouse of the injured individual can also seek compensation for being deprived of benets of a family relationship (having a normal marital relationship). If a close relative witnessed the accident and is emotionally distressed, he or she may also seek to be compensated. If a person dies in an accident, the following individuals may have legitimate claims:
Surviving spouse of the decedent. Surviving domestic partner. Surviving children. Issue of any decedents including children, grandchildren and so on. Putative spouse - of a void or voidable marriage who is found by court to have
5.2
A:
When you need plumbing repairs, the plumber can give you an accurate estimate of their services based on rate for similar projects in the past and the cost of supplies. Personal injury attorneys rarely have similar cases. For this reason, it is often very difcult to list any sort of dollar gures without looking at the facts of the case. Since each persons case is different, compensation will vary. In California, you are entitled to general and special damages: General damages consist of pain and suffering or quality of life damages. This is based on type of injury suffered, amount of discomfort and duration of your injury. Special damages are things such as medical bills, loss of earnings and cost of repairing your vehicle. No attorney can give you a simple value of your settlement. However, a cases worth is calculable by adding up medical bills, lost wages, pain and suffering. Even after all of these things are added up, the gure may be inaccurate depending on how much your medical liens are negotiated down by your attorney, whether you have health insurance and what types of expenses you owe. Expenses vary depending if the case settles or goes to trial.
(213) 891-0777
VT@FISHERTALWAR.COM
6.1
A:
Unless youve been involved in an accident with a state, county or local governmental entity, you have two years from the date of the accident to le an injury claim in California. Government tort claims must be led within the rst six months from the date of the accident. Failing to le on time will result in losing your right to sue.
6.2
A:
Yes, if you have missed work due to your injury you are entitled to compensation. State law allows for recovery of general and special damages by the injured. How much you recovery will depend on how much pain and suffering you went through, what your medical bills are, repair costs and how much income you missed due to being injured.
6.3
A:
There is a lot of confusion about who is supposed to pay for your medical bills if the accident was not your fault. Does your personal insurance cover your bills? Does the other drivers insurance company have to cover them? How does this work? There are four ways to take care of your medical bills: 1. Workers compensation claim - employer-provided insurance to cover individuals injured on the job. As long as you were injured in the course and scope of your employment a workers compensation claim will cover your medical expenses. 2. Your own health insurance - if you have a personal medical insurance policy, you have the option of having it cover your medical bills per your policy rules and limits. 3. Med Pay - this is an optional provision some people carry on their insurance policy that covers medical expenses. Medical payments coverage applies to all vehicle occupants no matter who was at fault. Check your insurance policy to see if you carry med pay coverage. 4. Medical Lien - an arrangement where you will be treated by a doctor while your medical payments are delayed until you complete your case with the other party. This is the most economical option for people to get the care they need yet still be able to pay their expenses after a settlement is reached. Continued on next page
(213) 891-0777
VT@FISHERTALWAR.COM
Note: A lien is not free medical care. If you are unsuccessful at winning your case, any money owed for medical care provided must be repaid (usually via a payment plan). If you choose to be treated on a medical lien basis, our attorneys will work for you to reduce your medical bills, so that you can keep more of your money.
7.1
A:
Typically, when you dont have health insurance, a doctor will treat you on a medical lien. Once your attorney settles your case, your doctor is paid from the settlement. This is benecial for two reasons: 1. You can get the necessary medical treatment right away without having to worry about payments. 2. You avoid jeopardizing your case by getting treated right away, instead of waiting and allowing time to damage to your potential case.
7.2
A:
If part of the accident was your fault, you may still be able to recovery compensation depending on the percentage of your fault. If the defendants conduct was a substantial factor in causing the accident, you can still recover money. This is called a comparative negligence system which the State of California has adapted. If you are not sure what percentage fault was your own, give us a call (213) 891-0777 and we will help you determine whether you have a good case. NEXT: Important Tips
(213) 891-0777
VT@FISHERTALWAR.COM
Important Tips
8.1
8.2
(213) 891-0777
VT@FISHERTALWAR.COM
Important Tips
ZERO FEE
GUARANTEE
FISHER & TALWAR (213) 891-0777 VT@FISHERTALWAR.COM