Finding a Highly Regarded Auto Accident Lawyer

 

Attorney Zev Weinstein, solar plexus injuries attorneys

Attorney Zev Weinstein, solar plexus injuries attorneys

Roads present an inherent danger for motorists and auto collisions can occur at any time no matter how careful a driver is on the roadway. Cars provide independence to travel from one location to another, whether for work, errands, travel or fun and also come with the responsibility of driving safely. Auto accidents can result in minor damage and injury, while some result in serious harm.

When an individual is hurt in a mishap on the roadway due to the actions of another driver it is possible to seek financial compensation and to ensure recovering the best possible settlement is with the assistance of a car accident attorney.
Some traffic mishaps cannot be avoided, but before hiring an auto accident injury lawyer it is essential to hire the right attorney. One who has experience in this area of personal injury law, credentials and a track record of successfully representing clients that have been car crash victims.

Checking the lawyer out is important, since they will handle the claim for compensation and before making the decision to hire an attorney. This can be done in several ways, talking to friends, family or co-workers that have used the lawyer and reading testimonials and reviews on the Internet. This can provide information about the attorney, which can help determine if the legal professional is the right one to protect your legal rights.

Choosing the right legal representative will ensure having moral support, being gently guided through the legal process and having an attorney who is committed to justice in obtaining the compensation warranted. The aftermath of a car accident can be emotionally and financially stressful and the stress will only be compounded without experienced legal assistance. Hospital bills, loss of wages and other damages can add up quickly.

Even after the injuries have healed there still may be traumatic emotional scars, especially if the injuries were severe resulting in a lengthy hospital stay. Hiring a car accident attorney can reduce the stress of having to go through the legal process while healing from the physical wounds and attempting to get back to normal life.

The accomplished lawyer will be able to answer questions, help determine what your legal options are and the value of your claim. They will take dealing with the insurance company off of your shoulders; obtain documents such as the police report, medical records and other evidence to ensure recovering the best possible settlement on your behalf. If you or a loved one has been involved in an auto accident and need the immediate help of a seasoned lawyer skilled in negotiation and litigation Weinstein Law is a call away and are dedicated to seeking justice for the victim.

Finding a Good Personal Injury Attorney

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When you are hit and hurt, Weinstein Law is at the alert.

There is no one that wants to be involved in an accident that causes harm and damages, but mishaps happen on a daily basis whether it is an automobile accident, a defective product, workplace accident or slip and fall incident. The problem often begins after the accident when the actions of the party at-fault does not take responsibility.

This could be an insurance company , agency or company that does not want to pay the individual who was hurt compensation that they deserve.

For this reason it is important to have a good personal injury lawyer protecting your rights, since the at-fault or negligent party is not going to offer to pay damages without a legal fight. Having legal representation can also mean obtaining a better settlement than filing a claim on your own and being taken advantage of because of your lack of personal injury law.

Reasons to Hire a Personal Injury Lawyer

There are reasons to hire a personal injury lawyer that include:

  • Personal Injury Law and the Claim Process – Most people involved in an accident do not have much knowledge about the legal process to seek compensation for the injuries and damages they suffered due to the actions of another party. Consulting and hiring a personal injury attorney is a way to deal with the legal ramifications of filing a claim. They can answer all questions about the claim, decide the best way to proceed, what the value of the claim should be and guide you through the complex legal process of recovering compensation, whether in a settlement from the insurance company or by going to court.
  • Recovering Fair Compensation – Having your own legal representation will mean having a lawyer fighting to protect your right to seek compensation. One how knows the personal injury law, is skilled in negotiating and litigation. They have experience in dealing with the insurance company and know the tricks the insurer’s agents and adjusters use to offer low settlement amounts or deny a claim. The attorney will fight to recover the maximum amount of the policy limit for the harm and damages the victim suffered. This is done by investigating your case, gathering evidence and witness statements, then going up against the insurance company legal team. They will also investigate if the policyholder has other assets that can be used in fighting for the compensation you deserve.
  • Legal Representation in Court – If the insurance company is unfair in offering a final settlement amount the personal injury attorney can bring a lawsuit against the negligent party and their insurance company. This will mean going to court where a jury will decide on the compensation the victim should be awarded. This is why it is crucial to have a good lawyer litigate on your behalf, since the insurance company will have their legal team fighting for them and the negligent party to avoid having to payout compensation or pay an amount as low as possible.
  • Finding the Right Personal Injury Attorney – Finding a reputable and experienced lawyer can be done by asking family, friends or co-workers about attorneys they have used in the past for mishaps resulting in harm. Doing a search on the Internet can be another way of finding a good lawyer and reading reviews by past clients. They should have a good reputation in the community and have a successful record in representing your type of claim. It is important to check the legal professional out and to make certain they have experience in negotiating and litigation to ensure they are the lawyer you can trust to get the settlement you are entitled.
  • Attorney Skills and Experience – The experienced attorney will have an intricate knowledge of personal injury law and the state rules and regulations. They will be skilled in negotiating with insurance companies to recover the settlement amount that is right for your injuries and damages and not a penny less. The accomplished legal professional fights for the client no matter how complex the case and takes on all of the legal burden to reduce the stress on the person who was harmed so they can concentrate on physically and emotionally.
  • Reputation is Key – The lawyer should have a good reputation in the community and with past clients they have represented. Word of mouth from family, friends, neighbors, co-workers and others that have been represented by the attorney is another way to ensure they are a good and reputable legal counsel. Reading the review on the Internet is one way to see what previous clients have to say about their legal representation and if they recovered the compensation they deserved.
  • Fees – When choosing a personal injury lawyer it is important to know what the fees are that will be charged in your case for attorney services. Most personal injury attorneys work on a contingency basis, which means there are no upfront lawyer fees and if they are not successful in recovering compensation in your case you will not pay any attorney fees for their service. But, even though these legal professionals work on a contingency basis they may charge a different fee or percentage of the settlement amount. This may depend on several factors including their experience, the location and the amount of time they spend on your case. The fee the lawyer will charge can be discussed before hiring the legal professional so that you can be certain their fees will be reasonable and there will be no surprises when a settlement is recovered.
  • Your Case – Prior to hiring an attorney one of the main concerns should be what type of strategy they will use in your case. The personal injury lawyer should be able to discuss in detail how they will proceed with your claim, what special skills they have that will be beneficial, the laws, rules and regulations that apply in your case and what the percentage is of winning compensation in your case. This is information that is crucial for the person who has been harmed and has the physical, emotional and financial stress because of another party’s actions. The lawyer should be able to explain how they will seek justice by obtaining the best possible settlement in your favor and you should feel confident that they are trustworthy to fight to protect your right to compensation.

Tips to Avoid Workplace Accident Claims for Compensation Benefits

devastating smash up

Weinstein L.A. auto accident lawyer

Construction company worksites can be dangerous places and in order to avoid lawsuits that can destroy the company financially and their reputation is to have safe working conditions. It is not only the employees and subcontractors the construction company needs to be concerned with being harmed; it is also the public if the work site is where pedestrians could be hurt.

The most common cause of construction company lawsuits is by employees that are hurt on the job at the work site. The one way to reduce the possibility of workers being injured is for management to ensure the conditions meet safety standards including:

  • Meeting Safety Standards: Safety standards should be second nature and adhered to on a daily basis by management, employees and subcontractors, whether it is wearing a hardhat or clearing debris as the job continues.
  • Personal Protective Equipment: On the job site this is often referred to as PPE, protective equipment should always be used and kept in good condition and up to date to ensure safety. This could be a hardhat, face shield for welding or any number of other personal protective equipment that may differ depending on the specific job the employee is carrying out.
  • Cables and Wires: Cables and wires are a trip and fall hazard on a construction site and there are ways of securing cables and wires to promote a safe work environment.
  • Employees: Employees should be reminded how dangerous the construction site can be when they do not pay attention to their surroundings, their equipment or tools. Regular safety meetings can help prevent accidents on the job.

These are some ways that the construction company can reduce the danger of being involved in a lawsuit brought by an injured employee by just using some safety measures.

A Traffic Collision Investigation Report is an Important Part of Your Case in Chief

Attorney Zev Weinstein, solar plexus injuries attorneys

Attorney Zev Weinstein, solar plexus injuries attorneys

Anytime a driver is on the roadway there is the chance of being involved in an accident, whether it is through no fault of the driver’s or if they have a percentage of fault a police report should be filed. Even if the mishap does not appear to have caused injuries or damages a police report should be filed, since not all injuries are immediately apparent such as internal harm.

In the event of a minor accident with no serious injuries the vehicles should be moved out of traffic and hazard lights should be put on while waiting for the police to arrive at the scene to conduct their investigation and fill out a report.
Police reports are essential if a claim is filed to seek compensation for injuries and damages because this is a documentation of the mishap that is considered unbiased. The report will often document who the police determine is at-fault and can be used as evidence with the insurance company or in court.

In minor accidents often the at-fault driver will want to pay for the damages rather than turn it into their insurance company, while this may be agreed upon there still should be a police report. There is no guarantee the person will pay for the damages or there are not unknown injuries.

Having the police report will be a legal document of the collision, the date and time it occurred, the location, driver and auto information. Police reports are an important part of the evidence in an automobile collision and something that should not be overlooked even in minor fender benders.

Retaining Counsel For Injury Claims Makes A Difference

Accidents happen and most people will be involved in accidents during their lifetime, with some of these mishaps being their fault or a combination of their fault and another party. In some cases the individual may have no part in the fault of the accident they are involved and it is solely another person’s actions that are responsible for the incident.

Statistics alone show that in the United States annually the number of auto accidents is on the rise. The cause of vehicle collisions ranges from ignoring traffic laws to driver distraction or error.

After an Accident

After an accident however it happens there are consequences even when the driver is cautious and adhering to safety measures at the time of the crash. When a mishap occurs without being at-fault it is possible to seek compensation for injuries and damages in a personal injury claim against the at-fault party and their insurer.

The claim against the responsible party must prove their actions were the cause of the collision in order to recover compensation for medical expenses, emotional distress and other damages.  In some cases auto accidents may be considered both parties being at-fault and when this occurs it is essential to have an accomplished personal injury attorney to handle the case.

Every collision is different as well as the type of injuries and damages. Accidents involving an auto and motorcycle are different than compared to a vehicle or motorcycle being involved in a collision with a commercial vehicle such as a big rig or street sweeper, for example. Claims are different in each case and the settlement or compensation awarded, which is dependent on the severity of bodily harm and other damages.

Compensation Claims in Personal Injury Cases

In personal injury cases damages are sought by the harmed individual against the negligent party that under personal injury law can be held responsible for financial damages. The responsible party can be held liable for medical expenses, loss of wages, ongoing medical care and rehabilitation, along with any other damages related to the accident due to their actions.

In the event the victim is fatally injured the immediate family is entitled to seek compensation from the negligent party. If the accident involves a hit and run it is possible to seek compensation from your own insurance company, if the negligent party is not apprehended.

If you or a loved one has been harmed in a motor vehicle collision in Southern California, Weinstein Law has a successful history and commitment to justice to protect your rights to recover the compensation you deserve.

Hit and Run Claims in Personal Injury Law

 

devastating smash up

Weinstein L.A. auto accident lawyer

Motor vehicle accidents happen on a daily basis, but when it is a hit and run crash it can be devastating and frustrating. This is a collision where a driver flees the scene, no matter what harm they have caused and the other driver is unable to exchange any information like driver’s license numbers or insurance companies. The driver that leaves the scene of an accident is criminally negligent and the victim who has been hit under the law has a claim against this reckless driver in civil court.

When a driver is struck by another vehicle that leaves the scene and does not return they should call the police and if necessary get medical help. Police arriving at the scene will take all the information the driver knows about how the accident occurred, if they know the type of vehicle and color that left the scene, while it is fresh in the mind of the victim and any witnesses. Medical personnel responding to the scene will assess any injuries at the scene and damages to the vehicle will be examined by police officers.

If the harm that has been sustained is serious the victims will be transported to the hospital for treatment. Police will determine the point of impact, the roadway for skid marks and debris that may be used as evidence. They will look for any damage done to traffic signs, sidewalks, hydrants and other items that may be located at the scene. Then they will attempt to reconstruct the crash using the evidence they have gathered that may help in identifying the driver who left the collision.
When the driver is located by police they will generally face criminal charges in the hit and run accident, which will be pursued by the prosecutor.

The victims of the collision have the legal right to pursue a civil case against the negligent driver. This should be done with the assistance of a personal injury attorney, since these types of claims can be complex and when the victim has a viable case the legal advocate can ensure the victim recovers the financial compensation they deserve. This is a legal action that may not require going to civil court, but a negotiated settlement may be able to be reached with the hit and run driver’s insurance company for the criminal act that resulted in injuries and damages.

Personal Injury Claim Settlements

Zyw Law logo 2So what on earth is a personal injury claims settlement? Well first off, personal injuries are something that no one wants to ever be faced with and it is not a stress free situation. When faced with being hurt in an incident, the person is then also faced with disabling pain at the same time they stressfully watch their financial situation worsen rapidly, due to medical expenses and loss of wages. This is why if the harm was the result of another party it makes perfect sense to hold them liable for their actions. The law backs up the individual who has suffered harm by another person or entity in the form of personal injury claims to recover financial compensation from the party responsible for wrongdoing.

If a personal injury claim is brought against a negligent person or entity it will make the liable party assess what their chances are of losing the case and what it may ultimately cost, if there is a judge or jury award. When they feel their odds of winning are low they will be likely to offer a settlement they think is fair. This may not actually be fair to the person who has been hurt, even if it sounds like a good deal, unless they have an attorney who can negotiate a proper settlement that will cover not only past medical expenses and lost wages.  But the legal advocate will also include future medical treatment and if they are unable to return to future income, whether temporary or permanent.

This is something that needs to be considered seriously, since once there has been a settlement it will be impossible to go back to the liable party and file a second claim for this injury. The liable party is looking forward to closing the claim as quickly as possible, without going to trial if they believe they do not have a defense they think will win.

If the liable party was to continue and go to trial the chances are it would result in a much larger cost, so they want to make a settlement outside of court. They know if their defense is not strong, they will lose in court and the awarded amount of compensation will be high. Rather than face this penalty the liable party will settle and end the claim. When an insurance company or other entity settles it relieves them of being found liable or basically guilty in court. In the case of a corporation, manufacturer, state agency or government entity settling instead of going to court can also cut down on media attention. This is because there will be no court appearances and the plaintiff will generally be under a stipulation that they cannot talk about the claim or reveal the amount of the settlement.

The largest factor in this is that the liable party does not admit guilt in negotiating a settlement and can avoid any negative consequences. The claimant must be able to benefit from the settlement in an amount that will provide for the damages they have suffered as a result of careless or reckless actions on the part of the defendant.

 

Mediation in Personal Injury Claims

Mediation is a method that is used successfully in some personal injury cases and it is one of the legal avenues that anyone who has suffered harm through negligent actions of another person or entity should understand. In some cases this may be the right choice to resolve a personal injury claim and reach a fair settlement without the need to proceed to trial to litigate the claim in front of a judge or jury. There are several steps involved with mediation and this will be a way for the victims attorney and the at-fault party’s attorney to negotiate with a third party, which is often a better choice than having stagnant negotiations when a settlement is not reached in a timely manner. The three main steps of negotiations include:

Preparation

Preparation is important in any case and is something that both sides of the claim will agree upon. Preparing for mediation the defense acknowledges that the injured victim, who is the claimant sustained harm and the party they represent has some liability in this event. The defense will be protecting the rights of the defendant as their client, but still concede the plaintiff was hurt. This is the basic facts of the claim and what the attorneys will base preparing their mediation case on.

Information

Mediation is unlike going to court in the sense that there is no real hidden information that is sprung on either side. The object of going to mediation and having a third and neutral party involved is to reach an agreement for a settlement. This person is not able or qualified legally to render a decision in the case, they are there as a neutral party to advise and bring both sides together to reach a settlement. Both sides of the case should be aware of the evidence in the case and the events that took place. If both attorneys were not apprised of all the evidence it could breakdown the negotiations and any possible settlement that could be agreed upon.

Communication

Communication during mediation is key for resolving the claim by both parties and if there are any major issues in the case, it should be discussed prior to mediation, rather than using this time to bring it to the opposing counsel. This would result in either holding the claim up, while the other side investigates the topic or evidence and it will waste the time the mediator is present to help bring the opposing sides to a fair agreement.

When mediation is used it can be the most beneficial way to settle a claim in a timely manner and revive a stagnant claim that was unable to be negotiated between the two parties. Each attorney believes they are protecting the rights of their client, yet when it reaches mediation the liable side has reached the conclusion that the plaintiff has suffered damages and a settlement will need to be agreed upon to conclude the claim. This is a financially favorable way to resolve a claim compared to going to trial and it is less stressful on both parties involved. The one issue that can help the mediated negotiations along is to keep the lines of communication open between both sides.

Failure to Diagnose and Medical Malpractice

When a patient is not diagnosed properly for an illness and either not provided treatment or given the wrong treatment plan, the person is entitled to make a personal injury claim. The reason they have a right to make a claim is due to non-diagnoses or wrong diagnoses, which under the law constitutes medical malpractice. This is a common type of claim and accounts for approximately 40 percent of all malpractice claims, of failing to properly diagnose the patient.

Getting a Misdiagnosis

It is difficult for many people to believe that a medical professional would provide a wrong diagnosis for their condition, especially if they are being treated by a medical team rather than their family physician. These misdiagnosis’s do happen, whether it is by the patients personal doctor or a team of medical professionals and some of the most common reasons for a wrong diagnosis include:

  • Failure to Order Tests: In some cases the attending physician may not order tests, blood work or other examinations that are necessary to properly diagnose a medical condition.
  • Failure to Adjust Treatment: This may occur by not recognizing signs or symptoms.
  • Failure to Order Tests: This is a failure to order test on a regular basis to monitor a medical condition for any possible changes.
  • Failure to Provide Follow Up Care: The failure to provide correct follow up care may include not ordering tests or other examinations.
  • Misinterpretation of Tests: This is when lab results and other tests are not read properly by the attending physician, technicians or other hospital staff. It can also occur when there is wrong information on the tests because they were not read properly.
  • Misinterpretation of Tests: This is when lab results and other tests are not read properly by the attending physician, technicians or other hospital staff. It can also occur when there is wrong information on the tests because they were not read properly.

Common Misdiagnosed Medical Conditions

There are some medical conditions that are more common than others that are misdiagnosed, with some of these being life threatening when not properly diagnosed and the proper treatment ordered.

  • Cancer: Cancer of the skin, lung, kidneys, breasts, prostate, ovaries and testicles.
  • Diabetes: Ketoacidosis and diabetic coma.
  • Allergies: Allergy reactions like anaphylaxis.

Other medical conditions that are often misdiagnosed are stroke, infection caused by parasites, Lyme disease and meningitis.

Wrong Diagnosis Consequences

When there is a wrong diagnosis, it can mean the patients health does not improve, deteriorates or it can have a much worse consequence. A misdiagnosis can have impacting life implications of permanent damage or death. During the past 20 years there have been some misdiagnosis with devastating consequences that have resulted in medical malpractice cases for misdiagnosis, which include:

  • Pneumonia
  • Appendicitis
  • Heart attack
  • Pulmonary Embolism
  • Aortic Dissection
  • Life Threatening Infection

Filing a Medical Malpractice Lawsuit

When there has been medical malpractice involving a misdiagnosis it is a complex issue under the law and filing a lawsuit is better left to legal professionals. The reason why the symptoms were not diagnosed properly will need to be identified and how the condition was not recognized. This is not just the doctor, who was involved in the medical error in many cases, since they often rely on lab reports for blood and other tests done and read by technical experts, they depend on nurses and in some cases consult with other medical experts.

This can make it difficult to prove there was a misdiagnosis, without the assistance of a medical malpractice attorney. They are experts in determining how, when and why the medical failure occurred and how to legally pursue holding the negligent parties responsible legally.

Common Questions about Personal Injury

There are often common questions asked about personal injury law, since it generally only affects a person after they have suffered harm, unlike other types of law that apply on a daily bases from crossing the street legally to obtaining a driver’s license.

What is a Personal Injury?

Personal injuries are any type of physical damage that is suffered by a person, whether it occurs through their fault or someone else’s actions. The most common type of personal injury is motor vehicle accidents, though this is certainly not the only way to suffer harm. When harm is suffered by an individual, due to the actions of another party this is referred to under personal injury law as negligence.

Negligence can apply to car accidents, but it can also apply in other types of harm, such as medical or dental malpractice, which is a form of negligence, defective products, slip and fall mishaps and other types of accidents where a person is hurt through no or only partial fault of their own. When negligence plays a role in the harm that is sustained the person can file a personal injury claim to be financially compensated for their damages. Annually there are many lawsuits filed for various types of accidents and personal injury laws can be very complex, which makes it important to consult a personal injury attorney.

Filing Documents for a Personal Injury Case?

There are documents that will be required to file to bring the personal injury lawsuit and the more information the person is able to provide about the mishap to their legal representative the stronger the case. These documents can include any photographs that were taken at the scene, eye witness contact information, medical records, a police report that was file and any other information that can help prove injuries were sustained and if there was a loss of income.

What is a Personal Injury Case Worth?

This is a common question after an incident that results in harm and one that does not have a standard answer. Every case has unique factors, which must be considered to determine what a case is worth. There is the severity of the injuries sustained, current and future medical expenses, lost wages, insurance limits, pain and suffering, plus who the defense named in the lawsuit.

While in many cases a lawsuit is brought against an individual and their insurance company, in some cases the defendant may be a business, corporation or government entity. All of these will help in determining what the case is worth and until an accomplished attorney has all of this vital information, they will not be able to determine the worth of a personal injury case.

What Amount of Time does a Case Take to Come to a Completion?

Each case is different in the factors that occurred resulting in injuries and the party who the lawsuit might be brought against. These and the personal injury laws make placing a time limit on a case impossible, since some cases will be settled in months by negotiating a settlement with the insurance company and others will go to trial where there can be delays. The other reason that some cases can take years to settle is the severity or if there was a wrongful death due to negligent actions by the defendant.