April 22nd, 2011 by laylegal
“Do I need a personal injury lawyer?”
It’s one of the first questions you ask after being injured by a reckless driver, or having slipped on a puddle in a grocery store. A cursory look at insurance company websites would have you believe lawyers are greedy individuals with an insatiable appetite for money, willing to exploit your misfortune for profit. These companies encourage claimants to deal with them directly for fair settlement, and often sound convincing to young adults who lack experience in such matters. What they fail to mention are the many benefits that come with having a personal injury lawyer at your disposal. The personal injury lawyers at Lazar, Akiva & Yagoubzadeh LLP offers some helpful information when considering to hire a personal injury lawyer.
THE SEVERITY OF THE INJURY
Under the law, an injury victim is entitled to fair compensation for pain, suffering, loss, and other damages, regardless of the severity of the injury. Most of these can be measured in monetary terms, such as continued medical expenses, and unpaid leave from work. Tangible, chronic, debilitating pain, loss of limb, loss of life, or mental anguish, is unnecessary to make a claim for monetary compensation.
INSURANCE COMPANIES ARE NOT YOUR FRIEND
To survive financially, insurance companies are always looking to minimize their liability. If they absolutely have to pay, they like to pay small. This means their first offer is more beneficial to them than to the claimant. Enticed by the prospect of fast cash, many will accept the settlement, not realizing they are entitled to more money. Countless stories abound of individuals who have settled before seeing a doctor, only to discover a chronic, injury-related medical condition later on. Having spent most of their settlement, they find themselves saddled with increasing medical debt, only to wish they had contacted a personal injury lawyer in the first place.
In such a case, a lawyer will have the foresight that many individuals lack in the face of an appealing settlement, and can advise the client on how best to evaluate and plan for unknown, injury-related contingencies. More importantly, a personal injury lawyer can ensure that the insurance company’s offer is commensurate with the nature of the injury. Retaining a personal injury lawyer is a sure-fire way to let an insurance company know they cannot take advantage of you.
PERSONAL INJURY LAWYERS’ FEES
One scare tactic used by insurance companies is to convince the injured party that hiring a lawyer will mean exorbitant fees and outrageous legal costs. “What’s the point in hiring a lawyer if most of your settlement will wind up going to your lawyer?” they caution. First-time victims and young adults unfamiliar with the ways of insurance companies especially fall prey to fears of mounting legal debt.
The reality, however, is that many personal injury lawyers work on a contingency basis — this means that no retainer (or up-front fee) is required, and a lawyer will defer all fees and will only recover in the event that you win your claim. The personal injury lawyers at Lazar, Akiva & Yagoubzadeh LLP handle all of their cases on a contingency basis. If you don’t win, neither do they. For this reason, personal injury lawyers will evaluate your case to see if you have a strong legal claim before they decide to represent you.
As such, if you are the victim of an injury, you have little reason to worry about being able to afford legal representation, and should consider it a necessity.
Contrary to what the insurance companies would have you believe, when it actually comes time to pay, your legal fees often represent only a fraction of your total settlement. Since the settlement you obtain with a personal injury lawyer is significantly greater than what you would be offered without a lawyer, the amount of compensation you walk away with is still higher than settling with the insurance company on your own.
IT PAYS TO HAVE A LAWYER
Don’t fall prey to insurance company misinformation. If you are injured, a personal injury lawyer will be able to do the emotional and physical legwork you are in no shape to handle. You are entitled to full compensation.
Don’t settle for less. Contact a personal injury lawyer for a free consultation at www.LayLegal.com or (800) 261-7001 today.
March 2nd, 2011 by laylegal
You’re driving along, listening to XM radio, when suddenly you notice you don’t seem to be going as fast as you’d like. A sea of brake lights surrounds you – Looky-lous everywhere. And then you see it: A multiple car accident off to the right. Ouch.
Chances are you’ve witnessed one or two in your lifetime. But have you ever wondered who is responsible for all the damage in an accident involving multiple vehicles? The person who started it all, right? That would be the obvious answer. But, as I’m sure you know, the law is never as obvious as we’d like it to be.
In reality, a variety of factors go into determining liability, and, in fact, liability can be spread out amongst several drivers, especially if an adequate braking distance is not maintained between vehicles. This sounds like a simplification of reality, especially if you were one of the people who had been maintaining an adequate braking distance when someone else thought it would be a wonderful idea to merge into it. But these are the little details that are often overlooked (or ignored) by insurance companies when they are resolving issues of liability. In many cases, it is cheaper for them to spread responsibility over several drivers when liability is not absolutely clear — this could leave innocent drivers (like yourself of course) facing higher premiums, or deciding whether or not to fork over the deductible to get your bumper fixed. If an injury results, the process can be even more complicated which means you need an expert who can help protect your interests.
CONTACTING A PERSONAL INJURY LAWYER
A personal injury lawyer will be able to help in assessing the cause or the person to blame in a multiple vehicle accident. The cause could be negligence on the part of a municipality, or the result of a faulty product (like brake pads). The personal injury lawyer will help in seeking reparation from the appropriate source to cover the costs of damage to your car, or injury to you or a passenger. If the cause is a single person, a personal injury lawyer can assist in assuring that liability is appropriately determined by the insurance companies, so that you, the injured, do not have to worry about covering the costs yourself.
AT-FAULT AND NO INSURANCE
It happens all too frequently — people without insurance are often the center of a multiple vehicle accident. This leaves the victims having to go to their individual insurance companies to seek compensation for damage or personal injury. If you are a responsible driver with adequate coverage, it may seem unnecessary to consult a personal injury lawyer but there are still significant reasons why you should do so.
1) Your insurance company will try to low-ball you.
Insurance is always a business first. And like any other business, insurance companies are worried about their bottom line. This means they might suggest a settlement for you that is 20% of what a personal injury lawyer might be able to recover for you.
2) There may be multiple reasons for your injury
If multiple factors contributed to the accident, a personal injury lawyer will be useful in seeking reparation from each source. Many times an injured party will take the package offered them by their insurance company, not realizing there are other parties from which they may receive additional compensation. Even if the at-fault driver has no insurance, and your own insurance offers you compensation, a personal injury lawyer can determine whether or not to submit a claim with a municipality or other third party if it can be determined third-party negligence was a contributing factor to the collision.
3) The at-fault driver may have other equity
Even if an at-fault driver has no car insurance, he or she may have assets which can cover the cost of your deductible, as well as the costs of medical expenses, lost work, or damages to you or your person. When it is learned the at-fault driver has no insurance, the injured party will often give up, assuming they have no way way of collecting compensation. A personal injury lawyer, however, can determine if the at-fault party possesses additional assets, such as property outside of the country, or an umbrella insurance policy, which can be used to secure financial reparation.
THE BOTTOM LINE
Car accidents involving two vehicles are difficult enough; accidents involving multiple vehicles can be a nightmare. If you’ve been injured in a multiple vehicle collision, you should contact a personal injury lawyer immediately to help you with your case. The stress of injury and the frustrating details can be overwhelming, and a personal injury lawyer can be a powerful asset in your recovery process. www.LayLegal.com 1 (800) 261-7001.
December 30th, 2010 by laylegal
LESSONS IN PREMISES LIABILITY FOR PROPERTY OWNERS
An interesting story happened in San Diego County last month. On Thursday, November 18, 2010, landscaper Mario Garcia was busy working in the backyard of a home located in the 1900 block of Via Scott in Escondido’s unincorporated area, when he stepped on “suspicious material,” which exploded beneath him, sending him to the emergency room with serious injuries. Although authorities haven’t disclosed all of the details, Garcia’s injuries were enough to warrant an investigation; while searching the residence of Garcia’s client, the San Diego Sheriff’s department, along with the F.B.I., discovered a massive cache of explosives, including more than nine pounds of HMTD (Hexamethylene Triperoxide Diamine), a powerful compound used in suicide bombings and other terrorist plots. Authorities then arrested the man occupying the premises, 54-year-old George Djura Jakubec, an unemployed software engineer, and charged him with (among other things) 14 counts of possessing ingredients to make explosive devices. According to San Diego County Deputy D.A. Terri Perez, the discovery of the “bomb factory” was “the largest quantity of these types of homemade explosives at one place in the United States.”
EXPLOSIVE REPERCUSSIONS
While the story of George Jakubec is noteworthy for a discussion of homeland security, the injuries of Mario Garcia raise interesting legal questions regarding the issue of liability. Although there is little doubt the suspect in question was responsible for attaining and storing illegal explosive compounds around his residence, it turns out that George Jakubec was merely renting his home. The owner of the property is Michele Holt, an Oakland resident who has wisely refrained from making any public statements. Legal experts have pointed out that Holt herself might be held liable for some of the injuries sustained by Garcia if it can be proven that her negligence (such as not inspecting the premises annually as set-forth by rental law and her homeowner’s insurance policy) contributed to his harm.
LESSONS FOR PROPERTY OWNERS
Whether you are the owner of a home, or even a renter, the law says there are circumstances in which both parties have the responsibility to ensure the safety of those who are “invitees, licensees, and trespassers.” In simplest terms, this means if you are the owner or renter of the property in which you reside, or if you possess property which you are renting to another, you have a legal obligation under particular circumstances to ensure that the property is legally safe for those who visit the property, for those hired to work on the property, for those contracted to reside on the property, and for those who might trespass onto the property.
This is quite a responsibility for property owners, and quite often, is learned the hard way. In the case of Michele Holt, she might discover that her homeowner’s insurance won’t cover the damage incurred by landscaper Mario Garcia if it is determined that she failed to live up to her responsibility. Holt could claim that she had no knowledge of her occupant’s explosive activities; but in the eyes of the law, this excuse may not be sufficient if it can be demonstrated that Jakubec’s operations were of such a scale as to be easily discovered by a cursory inspection of the premises – which by the accounts of Federal authorities seems to have been the case. Consequently, there is enough information to speculate that Michele Holt might find herself personally liable for some of Garcia’s injuries, paying for them out-of-pocket without the benefit of homeowner’s insurance. If the suspect, George Jakubec, has insufficient resources to compensate Garcia, Holt can be sure that Garcia’s lawyers will take a keen interest in her liability as the property’s owner.
A LESSON IN PREMISES LIABILITY FOR THOSE INJURED
For those injured on someone else’s property, the story of Mario Garcia is an encouraging tale of legal recourse – “encouraging” in that the law doesn’t entirely excuse the property owner from the criminal activities of his or her occupant in so far as those activities depended on the property owner’s negligence. If such negligence can be proven, Mario Garcia’s lawyers have two potential sources of compensation for their client – both the occupant and the owner. Although Garcia’s case is a rare one for the books, it still demonstrates the need for competent legal counsel when dealing with injuries on someone else’s property – after all, the law may not be as straightforward as the average person may want to believe. If you have suffered an injury on someone’s property – in a private residence or in a public business – please call us at (800) 261-7001 or visit us at www.LAYLegal.com to speak with a qualified premises liability lawyer regarding your case.
October 22nd, 2010 by laylegal
Premises liability is an area of law that governs the responsibility of a property owner/occupier to ensure the reasonable safety of his or her premises from potential risks, hazards, and accidents. In the event that an individual suffers an accident on someone else’s property, premises liability law will help to determine how much of the accident was a result of the owner/occupier’s negligence or failed responsibility – determinations which can aid the victim in seeking compensation for loss and injury. If you suffer an accident at a business, establishment, or on property owned or occupied by someone else, here are some valuable tips to keep in mind:
Do Not Sign a Statement or Incident Report
You may be in a grocery store when you slip on a wet surface and fall; or you may be walking up the stairs of a nightclub when you trip on an unsecured surface. Whatever the scenario, a store manager or security officer will likely be there to get a preliminary statement from you and have you sign an incident report. You should REFUSE TO SIGN ANYTHING OR MAKE ANY STATEMENT without first consulting a lawyer. These procedures are often conducted in the heat of the moment, when your emotions are running high from injury; later, your own words can be used against you, and prevent you from getting fair compensation. Consult with a lawyer first.
Do Not Settle with an Insurance Claims Adjuster Over the Phone
The nature of your injury might land you in the emergency room, and not leave any time for statements or incident reports, in which case you are likely to be contacted by a claims adjuster over the phone. As with the above, you should refuse to make any statements to any adjuster, as they are likely to use your statement against you in the future. Just as importantly, you should NOT SETTLE A CLAIM with an adjuster over the phone. Adjusters are individuals trained to limit the liability of the property owner/occupier. Many times, their settlements sound reasonable initially; but should you experience chronic pain or recurrent issues from your injury, you might be limited in your ability to seek further compensation after settlement. Consult a lawyer who can ensure fair settlement first.
Proving Liability and Statutes of Limitations
Be aware that statutes of limitations apply to premises liability cases and vary according to each state. This means that you will have a legally defined period of time in which to prove liability and seek compensation. Consequently, it is important for you to contact a personal injury lawyer specializing in premises liability as soon as possible. In order to prove liability, here are some items that can help build your case:
- Photos of the scene that display the dangerous or hazardous condition.
- Evidence, such as articles of clothing worn when the accident took place (these should be stored in a safe area and not be washed or tampered with).
- Witnesses, including the names and contact information of anyone who witnessed the accident.
- Medical records, including documentation of all injuries, and copies of all medical expenses and receipts.
- Copies of Incident Reports – incident reports filed without your statement or signature.
Get Legal Representation
Remember, should you suffer an injury on someone else’s property, seek appropriate medical attention first; afterwards, consult a personal injury lawyer as soon as possible to protect your rights and ensure fair settlement. To speak with one of our Los Angeles Personal Injury Lawyers regarding your accident, please contact us at (800) 261-7001.
October 15th, 2010 by laylegal
Car accidents are unpredictable and unfortunate experiences. They can happen anytime, anywhere. Most times, they happen when you least expect it; even when you’re on vacation, out-of-state. But did you know that not all states are the same when it comes to car crash claims? If you are the victim of a car accident in another state, here are some things you need to know:
California Auto Accident Law
California is a “pure comparative fault” state, which means that the person responsible for causing the accident is also liable for any loss, damage, or injury that might be incurred as a result. However, there are 12 states classified as “no-fault” states, which means you can only recover money spent on medical bills through your insurance company; also, you will not be able to sue the person responsible unless your injuries are severe enough to exceed a legal threshold.
If you suffer an accident in the no-fault state of Massachusetts, for example, you are limited in your ability to sue the negligent driver with the following exceptions:
- Your medical bills exceed $2000
- You sustain permanent or serious disfigurement
- You suffer a fracture, or a partial or complete loss of a body part
- You experience loss of your senses, like sight or hearing
- Your party experiences a death
Because of the legal complexities involved in settling with your insurance company, you should consult a personal injury lawyer who can help protect your interests and ensure that your settlement adequately compensates for your loss. Furthermore, a personal injury lawyer can help you evaluate your legal options should you wish to sue a negligible driver protected by “no-fault” laws. If you have recently been involved in an auto accident, or need a Los Angeles Personal Injury Attorney please call us at (800) 261-7001 to speak with a personal injury lawyer regarding your case.
September 27th, 2010 by laylegal
Top Driving Mistakes that Cause Crashes
1. Multi-tasking While Driving
Many drivers get easily distracted while driving: whether it’s their cell phones, email, or other devices, drivers pay too little attention to the road. When you turn the car on, turn your gadgets off. No matter how busy your day is, when you’re on the road, focus only on driving. Catch up on other activities later and avoid unnecessary accidents.
2. Following Too Closely
Leave a three-second gap between you and the vehicle ahead of you – it could save your bumper and your life. Make sure to increase the gap when the weather is bad or the pavement is wet.
3. Failure to Yield on a Left-Hand Turn
Straight has the right of way versus a left-hand turn. So check the flow before you go. Look at the street you are turning into to make sure that no vehicles or pedestrians are in your path.
4. Incorrect Merging
Yellow is for yield. Too often, accidents occur when you are stuck behind a driver who interprets yield as stop. Don’t be the guilty party. Use the ramp as a means for merging into traffic, not causing it.
5. Backing Up
When backing up, always look over your shoulder. Objects in the mirror are closer than they appear. Your mirrors have a margin of error; don’t rely on them alone. Look over your shoulder before backing up.
Source: GMAC Insurance
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