Do I Need a Lawyer for a Car Accident that wasn’t my Fault?

Published on: 21 February 2019 Last Updated on: 08 August 2019

Experiencing a car accident can be a traumatic and highly emotional experience no matter who has caused the collision. Even if an accident is clearly not your fault it is always a good idea to hire an attorney if you experience any personal damages. An attorney will be familiar with the particulars of state laws and will know how to read a police report with an eye for detail. Insurance companies have teams of lawyers who want to make sure they pay as little as possible. A good attorney will get you the money that you deserve.

Self-Representation vs Professional Representation:

Laws regarding personal injury are extremely complete. California is a tort state and insurance companies will fight to keep every penny that the law will allow. They will hire private investigators to watch your every move to insure that you cannot do the activities that you say you cannot perform. They employ actuaries and legal teams who are devoted to cheating you out of your damages. Chances are, you do not have the legal know-how to combat such sophisticated opponents. Even an attorney who is not specifically trained in personal injury lawyers would have a hard time with the research required to build a solid case. It is best to get an attorney who specializes in personal injury law.

Tort Reform in California:

Although it has a reputation for its liberal politics, California does adhere to The Medical Injury Compensation Reform Act, which has been around since 1975. It has been modified slightly over the years, but most of it held up even when challenged by the Supreme Court. It was designed to reduce the cost of insurance, but studies have shown that the law does not work and only cheats people out of the damages they are owed.

DUI Laws in California:

California ranks squarely in the middle of the country in terms of the harshness of its DUI laws. The punishment for drivers in criminal court includes fines, classes and license suspension. If you are the victim of an accident, you deserve more than the paltry restitution a criminal court judge or jury will award; you deserve a tort which covers all expenses related to your case.

What to look for in a Personal Injury Lawyer in Fresno:

There are a lot of attorneys in California and picking a personal injury attorney in Fresno can be challenging. Make sure to pick one who will be dedicated to your case. There are a few characteristics of any good attorney.

Courtroom Experience:

Although Personal injury attorneys rarely go to court, it doesn’t hurt to have a lawyer who has a quick wit when arguing and has no problem speaking in front of people.

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Steps to Take After Being Involved in a Ridesharing Accident

Ridesharing is revolutionizing the way people get from point A to point B. Whether it's just to have a safe ride home after a night of drinking or a great alternative to purchasing your own vehicle, ridesharing is gaining in popularity. With more people getting rides than ever before, more car accidents are involving ridesharing vehicles. Understanding what to do if you're involved in a ridesharing accident can help to ensure that you get the compensation you deserve for the injuries that you sustained. Check For Injuries And Call The Police The first steps that you want to take after being involved in any sort of car accident are to check for injuries and call the police. You should start by checking yourself and other passengers. Then, check the other parties involved to see if they have any injuries. If anyone has severe injuries, you should be contacting emergency medical assistance immediately. If you have slight injuries, it's still a good idea to get them checked out by a medical professional at the accident scene. This way, your injuries are documented right from the start. Once everyone is checked for injuries, it's time to call the police. The officer will be responsible for creating an accident report. While you may not think that a report matters since it's not your vehicle that was involved, think again. Any ridesharing accident lawyer will tell you that having access to the accident report is a vital part of your claims case. Even if the drivers involved don't want to contact the police, you should do so yourself to ensure your future safety is looked after. Take Pictures And Collect Information West Coast Trial Lawyers will advise you to take pictures to document the scene. While you may have no stake in the property that was damaged, you should still have photo evidence of it. This can come back into play later when determining who was at fault for the injury. This way, your Uber accident attorney knows who to go after to seek compensation for the injuries that you sustained. Talk with witnesses and gather their contact information. Witnesses tend to leave the scene of the accident once an officer arrives. Therefore, speaking with them before the police arrive can ensure that you get the information you need before they leave. The more witnesses you have, the better chance your ridesharing accident lawyer will have at proving your case for injury compensation. You'll also want to get the information about the people involved in the accident. Start by collecting the contact and insurance information of your ridesharing driver. Then, get the same information from the other parties involved. If the other driver had passengers with them, then get their information to. Be sure to write down or take pictures of the license plates of the vehicles that were involved. Understand What Insurance Pays For Your Injuries One of the most confusing parts of being involved in a ridesharing accident is understanding what the insurance company pays for the damages and injuries that were a result of the accident. Does Uber's insurance cover the problems or does the Uber driver's personal insurance cover your injuries? Let's take a look at the different scenarios below. Hit By A Ridesharing Driver If you're in a vehicle accident that is determined to be the fault of the other driver who was in a ridesharing vehicle, the other driver's insurance is responsible for paying for your injuries. Keep in mind that each driver's insurance policy will have coverage limitations. If your compensation amount is above the coverage limit for the ridesharing driver's personal insurance, the ridesharing company's insurance will cover the excess if the driver was working at the time of the accident. Your Ridesharing Driver Is At Fault For Your Injuries When the ridesharing driver that you're riding with is determined to be at fault for your injuries, their personal insurance will cover your compensation. In the event that your compensation amount is over what the driver's personal insurance will cover, the ridesharing company will cover the excess if the driver was working at the time of the accident. What Is Considered Working By Rideshare Companies? West Coast Trial Lawyers will inform you that the ridesharing company will only pay if the driver was determined to be working. If the driver was not determined to be working at the time of the accident, the ridesharing company's insurance will not cover the excess of the compensation you get. Rather, you'll have to go after the driver of the vehicle personally for anything their insurance won't cover. Ridesharing companies like Uber and Lift have their own technology that allows them to communicate with their drivers. Drivers are required to update their status on their mobile device to tell the company what they're doing. As long as the ridesharing driver was logged into their application, the ridesharing company's insurance policy will kick in. However, there are some restrictions to their coverage limits. If the driver is logged into their application but has a status of waiting for a ride request, the ridesharing company's insurance has limited coverage. For Uber specifically, the limited liability coverage is 25,000 dollars for property damage and 50,000 dollars per injury up to a 100,000 dollar limit. In most events, a combination of the driver's personal insurance and the ridesharing company's insurance will take care of the compensation for your injuries. However, if they don't, your Uber accident attorney will take up suit against the ridesharing driver personally for the excess. In cases where the ridesharing driver has a status of being in route to pick up their passenger, then the ridesharing company's full insurance policy kicks in. Both Uber and Lift have a 1,000,000 dollar personal injury insurance policy. Remember that this policy kicks in after the driver's personal policy reach its coverage limits. Why Contacting A Lawyer Is So Important As you've found out above, there are many things to consider when you're involved in a ridesharing accident. Navigating the legal waters and determining what insurance policy or policies will be paying for your injury compensation can be difficult. Employing a ridesharing lawyer to help you along the way will ensure that you get the compensation that you need for your injuries. Your lawyer will be able to collect the necessary evidence from the ridesharing application to determine what insurance is covering the accident. They'll be able to take up suit against those companies and assist you in determining a proper amount of compensation for the injuries that you sustained from the accident. Most importantly, a lawyer will be able to do all the heavy lifting with your claims case so that you can physically and mentally worry about getting better. You don't want to be dealing with lawyers, insurance companies, and educating yourself on laws when you're injured. Being involved in a ridesharing accident may not be something that you've thought about before. However, since ridesharing is becoming more popular, you should be prepared with what you should do in the event that you find yourself involved in one. The above steps will help you to figure out how to proceed after an accident occurs. Read Also: Expert Advice: 5 Crucial Things To Do Immediately After An Automobile Accident 5 Types Of Damages You Can Claim After A Car Accident What To Do When You’re Involved In A Car Accident In Albany

Pros & Cons Of Hiring A Worker’s Compensation Lawyer

As you are reading this article, we can assume that you or any of your close ones have encountered an injury at the workplace. If you encounter any accident and get any injury at work, you become eligible for worker's compensation. This program is particularly designed for offering you financial support during the time when you are unable to work and also creating income. When you are filing worker’s compensation benefits, you might be going through a dilemma about whether you should hire a worker’s compensation lawyer or not. Here we must say that both of them have their own benefits and disadvantages. Here, in this article, we will talk about both the pros and cons of hiring a worker’s compensation lawyer for your worker’s compensation case. Pros Of Hiring A Worker’s Compensation Lawyer: In case you are thinking about hiring a worker’s compensation lawyer from the best Law Offices of William F. Underwood, III, P.C., You will be able to get the following benefits. 1. Puts An End To Your case In some cases, the worker’s compensation dispute might take several months or even years. This long duration will always invite more financial problems when you are already losing your wage and carrying a treatment cost. An experienced worker compensation lawyer will be able to handle things with their expertise, and the matter will get resolved efficiently. 2. Shortens The Wait We all are a little aware of the court system and also know how much time it consumes to resolve a matter if we follow the same traditional way without any legal agent or lawyer. As we have mentioned earlier, it will take a long time, especially in case your injury is more serious and you need a huge amount, as your employer’s insurance company will always want to delay the matter. Here, having a lawyer will ensure that you are getting fair compensation as soon as possible. 3. Allows A Lump Sum Payment Often judges feel hesitant when it comes to awarding a lump-sum amount of compensation at the trial. As per that, you might be limited to weekly or monthly payments for a period of a number of months or years. In case you are carrying any major medical treatment, it becomes really difficult to pay for it. On the other hand, when you hire a lawyer, the professional will be able to manage a settlement and get you a considerably huge amount. 4. Eliminates The Risk When you are thinking about an out-of-court settlement, it is really difficult to reach a settlement because both parties do not want to come to an agreement by making smaller compromises. In this case, a lawyer will be able to bring both parties together at a common ground and that too out of court. Because when you are appealing to the court, there will always be a risk that you might come out empty-handed. 5. A Better Negotiation During the settlement proceedings, an attorney can perform the negotiation on your behalf. The insurance company already has an attorney; when you are also hiring a legal professional, your worker’s compensation lawyer will be on equal footing with the other party. When the insurance company gets to know that you have a legal professional to represent you, they will be more willing to respect your rights. Cons Of Hiring A Worker’s Compensation Lawyer Now you know the advantages of hiring a worker’s compensation lawyer. But when you are thinking of hiring one, you also should know the drawbacks that you might be inviting in order to get the good things. So, here are the major disadvantages of hiring an attorney for your worker’s compensation claim. 1. Can Cause Give Up Your Right When you are thinking of hiring a lawyer and getting the amount that you have claimed and willing to take the matter to court, the insurance company does not agree to pay you that. In this case, ending the case with an out-of-court settlement means you are giving up on some particular benefits. There are a lot of insurance companies that come with a clause that when you are receiving a claimed compensation, you will not get worker’s compensation for the same injury. 2. Could Be Really Expensive. Hiring a lawyer means you need to pay them. In order to ensure winning your worker’s compensation claim lawsuit, you must opt for the best one or at least a good one. And good lawyers always charge more. Due to your injury, you are already paying a huge medical bill and also not getting paid enough as you are unable to work for a few days. In this situation affording a lawyer can cost you a lot of your savings, and you might run out of money. FAQs (Frequently Asked Questions) When you are going to deal with worker's compensation, it is obvious that you will have a lot of queries and doubts. In order to handle a legal matter, you also need to know the basic and adequate knowledge of the laws. So, here are some questions you might have in your head, along with their answers. Q1: What Are The Disadvantages Of Worker's Compensation? A serious disadvantage of worker’s compensation is that it might discourage the employees from pursuing further employment. Many individuals might feel that to continue getting worker’s compensation payment, they must obtain from working some specific jobs to prove the severity and seriousness of their injuries. To learn more, visit Employment law firm in Miami. Q2: What Are The Pros And Cons Of Worker's Compensation? The pros of Worker’s compensation are; No more litigation. The opportunity to revisit the settlement terms. In exchange for future benefits, recompense. Now let’s look at its cons of it. You might end up with less than you actually deserve. In the future reopening, a case might lead to a lower award. Q3: What Is The Highest Workmans Comp Settlement? Till now, the largest worker’s compensation settlement payment is a $10 million settlement agreement. The case came in March of 2017. Read Also: Injured At Work? Claim Your Compensation! Can an Employee Claim for a Personal Injury When Working From Home?

Internet Defamation Lawsuits: 7 Things You Need To Know

Let’s start with getting the idea about what a defamation lawsuit actually is. It is a type of civil lawsuit where the victim sues a defendant for making a false comment or statement on a person to a third party. When it comes to online or internet defamation, the statement is published on an online platform or is posted on any of the social media platforms. In this case, the person can file a defamation lawsuit against the party who had made the defamatory statement with the help of a Defamation Lawyer NYC. Types Of Defamation Now, as we know what internet defamation is, it is time to check out the different types of defamation. Here is the list of different types of defamation. Defamation Per Se. Defamation Per Quod. Criminal Defamation. Workplace Defamation. Elements To Prove In Defamation Lawsuit Only filing a lawsuit against the party who has posted a defamatory statement about someone specific is not enough to get your claims for the damages the statement has made. Your Defamation Lawyer NYC has to prove it. So, here are the elements of a defamation lawsuit, which need to be taken care of while fighting the lawsuit. False Statement of Fact. Of and Concerning the Plaintiff. Communicated to a Third Party. Fault Amounting to at Least Negligence. The Statement Was Not Privileged. Causing Damage to the Plaintiff’s Reputation. Filing A Defamation Lawsuit Now, as you have developed a basic idea about the internet and usual defamation lawsuits, it is the main part where we will talk about filing a defamation lawsuit. Throughout the entire process, a Defamation Lawyer NYC will guide you. 1. Determine That You Have A Valid Defamation Claim The first and foremost thing you have to consider is determining your claim. Here, that is a defamatory statement made on an online platform about you, which is not true at all. In addition to that, due to that very statement, you have experienced several damages along with immense damage to your public reputation. You also have to ensure that all the elements of a defamation lawsuit are in place. 2. Ensure Where To File It might seem too easy to think of, but in reality, it is more complex. Yes, you will file the lawsuit at a court with proper jurisdiction, but the question is where. For example, you live in New York, but the party who has made the statement lives in Ohio, so where will you file the lawsuit? Here is the list of several things that you should consider during this crucial time to make your decision. Where you reside or operate. Where the defendant resides or operates. If applicable, where your customers reside. Due to the defamation, where you experienced the damages. The amount of money you are claiming to recover the damages. 3. Gather Evidence Gathering evidence is an obvious thing for any type of lawsuit. But in case of internet or online defamation, the post can be removed at any time. So, here is some evidence that will work for you. A screenshot. Printout documents. Backup emails to any other email accounts. Save the entire webpage. 4. Comply With All Defamation Requirements Apart from making sure that all the defamation elements are in the proper place, in some cases, you might also need to take care of some particular pre-suit requirements. In some states, the plaintiff has to give notice to the organization or to the individual who is responsible for this. Your Defamation Lawyer NYC will be able to offer you the right information regarding this. 5. Consider Alternative Dispute Resolution Options Considering an alternative dispute resolution is not at all a bad option. Thankfully for removing the defamatory statement filing a lawsuit is not the only option you have. Simply contacting the responsible authority might often solve the issue. So, ensure that you have tried all the alternative options before using the entity. 6. File Your Legal Complaint Now, as you are done with taking care of all the necessary actions and gathering the pieces of evidence as per the elements of defamation, it is time to file the legal complaint. Always remember that it is not only about winning the case and getting the money. It is also crucial to make your defendant understand why you are suing. 7. Serve The Complaint Now is the time to serve your complaint in court. Here the actual job of your Defamation Lawyer NYC begins. In most cases, the plaintiff pleads to the court to eliminate the claiming amount as they have the right to free speech, and the case ends with a conviction of only removing the defamatory statement. So, you have to play smartly here. Final Talks An Internet defamation lawsuit is not only about someone making a false statement on the internet but also is more about the damages that statement has caused to you. Along with damaging your public reputation, it can affect both your personal and professional life as well. Read Also: 5 Reasons Why Your Business Needs a Lawyer How Much Does A Trademark Lawsuit Cost? 5 Reasons Why You Should Take A Criminal Lawsuit Seriously

Do I Need a Lawyer for a Car Accident that wasn’t my Fault?

Self-Representation vs Professional Representation:

Tort Reform in California:

DUI Laws in California:

What to look for in a Personal Injury Lawyer in Fresno:

Courtroom Experience:

7 Approaches to Adopt to find the Best Solution after a Cycling Accident

What if Multiple People are to be Blamed for your Injury?

Content Rally

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

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Related

Steps to Take After Being Involved in a Ridesharing Accident

Pros & Cons Of Hiring A Worker’s Compensation Lawyer

Internet Defamation Lawsuits: 7 Things You Need To Know

Do I Need a Lawyer for a Car Accident that wasn’t my Fault?

Self-Representation vs Professional Representation:

Tort Reform in California:

DUI Laws in California:

What to look for in a Personal Injury Lawyer in Fresno:

Courtroom Experience:

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7 Approaches to Adopt to find the Best Solution after a Cycling Accident

What if Multiple People are to be Blamed for your Injury?

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

Leave a Reply

Popular

Follow Us

Recent

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