Articles Posted in Settlements

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Every day, motorcyclists are injured by negligent drivers. This is especially true in busy metropolitan cities such as Los Angeles. If you or someone you know is injured in a motorcycle collision, how do you know how much your case is worth?

In this article, we discuss what you should know if you are the victim of another driver’s negligence, how to make an estimation of what your case might be worth, and why having a personal injury attorney experienced in motorcycle accidents on your side can make all the difference in the outcome of your case. Continue reading →

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In this article, we discuss if and when a business property owner is liable for the criminal acts of a third party on their property, and what you should do if you are injured by the criminal acts of a third party while on the property owned by a business.

The following is an easy to understand example:

You are doing your holiday shopping at one of the many malls in Los Angeles. You are on your way to your car with all of your bags of goodies, when suddenly a mugger runs out of the shadows, knocks you down, and steals all of your bags. In addition to losing all of your gifts, you struck your head on the pavement after being knocked down, and sustained a head injury. Must the shopping mall owners pay for your medical bills and other damages?

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In this article, we explain the current law in California, including Los Angeles, regarding injury to a child and premises liability, and discuss what you need to know if your child is injured on someone else’s property.

For many years, the law in California regarding the liability of a landowner for an injury to a child on his or her property was based on the theory of “attractive nuisance.” The attractive nuisance doctrine was part of the larger legal picture regarding injuries to people that occurred on the property owned by another, called “premises liability.”

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Over the years as a personal injury attorney in Los Angeles, clients have often asked me if they can recover the lost resale value (“market value”) of their vehicle after property damage arising from a collision. As is often the case in the law, the answer is “it depends.”

In this article, we discuss the circumstances that lead up to a loss of future resale value of a vehicle, the current law governing such cases, and what you need to know about this when purchasing an automobile insurance policy.

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In our article entitled “What is Underinsured Motorist (UIM) Coverage?” we explained what underinsured motorist (UIM) coverage is, and how it is different than uninsured motorist (UM) coverage. In this article, we discuss exactly how long you have to file an underinsured motorist claim with your insurance company from the time of the collision, and explain the recent  legal cases  that can help you recover from your insurance carrier.

First, it is helpful to understand exactly what UIM coverage is, and how it is different than UM coverage. If you haven’t read our articles on these subjects, here is a quick explanation of UIM coverage.

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If you have been in an automobile collision that was not your fault, and you were driving without car insurance at the time of the accident, there is a law in California that will prevent you from getting what would be the full value of your claim against the at-fault driver’s insurance had you been insured at the time of the collision. In this article, we discuss Prop 213, and how it can affect the  injured victim of an automobile collision.

In 1996, California voters approved Proposition 213, also known as the Limitations on Recovery to Felons, Uninsured Motorists, and Drunk Drivers Initiative. This law prohibits recovery of anything beyond special damages for victims injured by the negligence of another driver if either (1) the victim was uninsured at the time of the accident; or (2) the victim was subsequently convicted of driving under the influence of alcohol or drugs at the time of the accident.

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During the course of 30+ years practicing personal injury law in Los Angeles, I have been asked by many clients whether it is a good idea to submit to an MRI as a part of their personal injury claim.

In this article, I discuss the pros and cons of having an MRI as part of your treatment plan in pursuing a claim for an injury, and whether it can increase the value of your claim.

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In this article, we explain the medical nature of what typically happens after an accident, and discuss why it is important to seek and follow up on your treatment after an injury.

When it comes to a bodily injury, whether it be from an automobile collision, slip-and-fall, dog bite, or any other type of accident, it is very important that you seek immediate medical treatment and follow up on all of your doctor appointments. There are two major reasons for this. First, it is important to your physical health that you get the appropriate medical treatment so your injury heals or at least improves. Second, it is important to your personal injury claim that you seek and maintain treatment in order to legitimize your case against the defendant and/or their insurance company.

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In this article we explain how payment of your medical bills typically works in a personal injury claim, and discuss the concept of reimbursable med-pay.

How does med pay work in a personal injury claim?

So you were injured in an automobile accident that was not your fault. You suffered injuries to your neck and back, and some cuts and abrasions as well. You were taken by ambulance to the hospital from the scene of the accident, and continued with medical care and physical therapy as prescribed by your doctors. You hired an experienced attorney right away, who helped you find the right medical care and represented your interests, negotiating with the insurance companies and making sure that you received the compensation you deserve. During the course of your claim, some of your medical bills may have been paid by the med-pay portion of your auto insurance policy, your private health insurance, Medicare, or Medi-Cal.

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SOCIAL MEDIA AND PERSONAL INJURY CASES

If you have been injured as the result of another’s negligence and are pursuing a personal injury claim, you have probably been made aware that the defendant’s insurance company will do everything they can to disprove your injuries and your claim. One of the most common ways that defendants and their insurance companies are doing this nowadays is by simply looking to social media sites. Many plaintiffs do not realize that the pictures, posts, and check-ins that they put on social media websites can give the insurance companies and their lawyers enough ammunition to disprove or significantly reduce compensation for your injuries.

WHAT INSURANCE COMPANIES ARE LOOKING FOR

When insurance companies are defending against your claim, they are essentially looking for any evidence that suggests your injuries are not real or that they are much less severe than you are claiming. If the insurance company is able to prove this, they will be able to get away with denying your claim or offering a settlement for much less than you are seeking or deserve. Insurance companies have investigators who are well-trained and efficient when it comes to gaining access to information posted on social media. They will go through your social media accounts and look for incriminating evidence that can be used to prove that your injuries are not as serious as you claim they are. This is all legal, and these posts and pictures are admissible as evidence because courts have held that there is no “reasonable expectation of privacy” on social media, regardless of the personal privacy settings on your account. In fact, courts have even ordered plaintiffs to hand over their social media username and passwords to defense counsel!

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