Question 1

Why settle?

Accepted Answer

There are numerous benefits of settling outside of court, such as lower costs for the plaintiffs and the defendants. The majority of cases settle before going to trial. Reaching a favorable agreement for both parties is usually the best decision, as it will significantly simplify the process.

Question 2

How much compensation will I get?

Accepted Answer

The sum of money you will receive after filing a personal injury claim or a lawsuit will highly depend on the severity of your diagnosis, as well as on your losses. It will be determined following a discussion between your attorney and the defendant's lawyer, known as a settlement, as most cases do not go to court.

Question 3

Do I have a case?

Accepted Answer

The only way to find out whether you have a case is by discussing it with a lawyer who specializes in personal injury or wrongful death cases. After you explain your situation and provide them with the necessary documents, they will be able to tell you with certainty if you can file a claim or a lawsuit.

Question 4

Do I need an attorney? The insurance adjuster says I can negotiate myself and save a lawyer’s fee

Accepted Answer

If you have sustained a personal injury and intend to seek compensation, you will need a lawyer, as insurance companies will be trying to convince you to settle for a significantly lower sum of money than you are entitled to. Therefore, only a lawyer with vast experience can help you recover compensation following a settlement.

Question 5

How do I decide on the best attorney for my case?

Accepted Answer

Considering how many attorneys and law firms specialize in personal injury today, it can be difficult to choose one to assist you. However, the ideal lawyer should have experience in this area of practice, a track record of winning recoveries for their clients, and high ratings on websites that list attorneys, such as AVVO.

Question 6

How will my lawyer be paid?

Accepted Answer

Because we operate on a contingency fee basis, you will not have to pay our law firm unless we win your case by obtaining compensation or settling your case outside of court. When we recover damages, we will only keep a percentage of the sum of money that goes to you in exchange for our services.

Question 7

Do I have to pay for a consultation?

Accepted Answer

The O'Brien & Zehnder Law Firm does not require payment from prospective clients, as it operates on a contingency fee basis. This means that we will only charge you if we win your case by keeping a percentage of your compensation. A consultation with our lawyers is always free of charge.

Question 8

How can I document my injuries?

Accepted Answer

If you experienced a personal injury, we strongly advise you to visit your doctor immediately to receive a diagnosis and photograph and videotape your injuries if they are visible. Failing to do so in a timely manner could result in you losing your right to sue.

Question 9

Can a plaintiff’s certain actions (or inaction) diminish a damages award?

Accepted Answer

Yes, you can diminish the compensation you will receive following claim submission or settlement in several ways, such as by playing a role in the occurrence of your injury or by failing to seek treatment for it promptly, which may worsen the injury.

Question 10

What is a contingency fee agreement?

Accepted Answer

A contingency fee agreement entails not having to pay your attorney unless they and their legal team recover financial compensation for you, in which case the law firm will keep a part of your sum of money.

Question 11

Can I get free legal help? I can’t afford an attorney

Accepted Answer

Unfortunately, numerous people need the services of a lawyer, but they cannot afford it. However, there are several ways you can benefit from legal assistance, such as asking multiple attorneys if they donate hours of pro bono service or looking for lawyers who work on a contingency fee basis.

Question 12

What are the most common types of personal injury cases?

Accepted Answer

There is a wide range of personal injuries, from car accidents and truck accidents to traumatic brain injuries and animal attacks. If you were harmed because of the negligence of another person, company, or another entity, you may have a personal injury case.

Question 13

What type of compensation can I receive from a personal injury lawsuit in California?

Accepted Answer

You can receive multiple types of damages after you file a personal injury case, such as economic and non-economic damages. The first category implies medical expenses and lost wages, whereas the latter alludes to mental anguish, pain, and suffering.

Question 14

What is the time limitation for filing a personal injury claim in California?

Accepted Answer

Because of the complex nuances of the California law, the time you have to file a personal injury case ranges between 6 months and 2 years, depending on the circumstances under which you were harmed. Therefore, it is best to contact a lawyer as soon as you are injured to make sure you can still recover damages.

Question 15

Will I need to file a personal injury lawsuit?

Accepted Answer

Depending on the sum of money the insurance company offers you as compensation for the injury you sustained, filing a lawsuit may be necessary. If your insurance company refuses to give you the sum of money you truly deserve, we can file a lawsuit on your behalf to recover the maximum compensation you are entitled to.

Question 16

What is “comparative negligence” and how can it affect my case?

Accepted Answer

When you were also at fault for the injury you sustained, this is legally referred to as comparative negligence. In many cases, there is not just one person to blame for the occurrence of a personal injury.

Question 17

What is personal injury coverage on a home insurance policy?

Accepted Answer

The insurance of homeowners covers personal injuries as long as it includes personal liability coverage, which most policies do. Nevertheless, if you sustain a personal injury, your insurance will pay for it within the limits of your coverage. For this reason, if you were severely injured, you should contact a lawyer, as they will obtain a lot more compensation for you.

Question 18

What is my personal injury case worth?

Accepted Answer

The compensation you will receive after filing a personal injury case will highly depend on a series of factors, such as how severely your health was affected, whether the injury rendered you disabled, and the number of parties responsible for your harm.

Question 19

What sort of damages can be recovered in a wrongful death case?

Accepted Answer

The damages you will recover after filing a wrongful death claim are economic and non-economic - the former refers to past and future loss of financial support, for instance, whereas the latter concerns loss of companionship and other forms of emotional suffering.

Question 20

What is the general statute of limitations for a wrongful death case in California?

Accepted Answer

For most wrongful death cases, the statute of limitations in California is 2 years from the moment of the demise. However, this period may vary in some cases depending on certain factors having to do with the nature of the action.

Question 21

What are the fees for a wrongful death lawsuit?

Accepted Answer

Like personal injury cases, our law firm handles wrongful death cases on a contingency fee basis. This means that you will not have to pay our attorneys and legal team unless we recover compensation for you, in which case we will keep a certain percentage in exchange for our services.

Question 22

If I lose the wrongful death case, do I have to pay the other side’s fees or costs?

Accepted Answer

In most cases of personal injury filed in California, the plaintiff is not responsible for the cost of the fees of the defendant's attorney. Our law firm has not encountered a case like this so far. Nonetheless, it may be possible for a party to have to pay for filing fees and expert witness fees, for instance, when the case is tried unsuccessfully.

Question 23

Which relatives can bring a claim?

Accepted Answer

Only close surviving family members can file a wrongful death claim on behalf of a person who had not sought compensation for their injury during their lifetime. These family members can be spouses, parents, or children.

Question 24

How do I obtain a copy of the police report?

Accepted Answer

After the authorities create a report of the accident, you will receive a reference number, and for a minimal fee, you can request to have a copy of the report once it is ready at your local office.

Question 25

Should I speak with an insurance adjuster following an accident?

Accepted Answer

The sad truth is that insurance companies always seek to minimize the sum of money they have to award you following a car accident, as they do not act in your best interest - to the contrary. Instead, you should contact a personal injury lawyer who has experience in these cases and who works on a contingency fee basis.

Question 26

How common are car accidents in Sacramento?

Accepted Answer

The latest report on car accidents in Sacramento shows an alarming increase in collisions at 131%.

Question 27

How do my medical bills get paid following an accident?

Accepted Answer

If you have private health insurance, the company will pay some of your medical bills, while the rest will be written off as a contractual adjustment. It is important to know that there is no no-fault insurance in California, which means that you will be responsible for your medical expenses. This is why calling a lawyer is important, as the compensation they can obtain for you will help you pay your medical bills.

Question 28

If I can’t return to work, will I be able to recover my lost earnings?

Accepted Answer

In most cases, it will be easy to recover your lost earnings, except when you are self-employed. If you receive your salary every week or hourly wages, it should not be difficult to document your income and subsequently recover your money.

Question 29

What if I don’t have med pay or the money to pay medical bills while i’m awaiting my case resolution?

Accepted Answer

If you experienced a personal injury but did not have the necessary money to afford medical services and treatment, your healthcare provider will get paid through a settlement lien. However, if you have public or private insurance, you can rest assured, as it will pay your medical expenses.

Question 30

What if the other driver was not insured?

Accepted Answer

There are cases when the other driver involved in a car accident does not have insurance. If this is your situation, your lawyer will assess your insurance policy to determine whether you have Med Pay or Uninsured or Underinsured Motorist coverage, which will address the problem.

Question 31

Will my case go to court?

Accepted Answer

Because there are many disadvantages of a case going to trial, such as high costs for both the plaintiff and the defendant, the vast majority of personal injury cases are settled. This means that there will be a mutual agreement between your attorney and the lawyer of the defendant. Contrary to popular belief, you can recover significant compensation this way if you have a skilled attorney representing you.

Question 32

How long will it take for my case to settle?

Accepted Answer

The waiting time for a settlement will greatly range depending on factors such as the severity of your injury and the complexity of your case. For instance, if you experienced a minor injury, your case may be settled in 6 months, whereas cases involving catastrophic injuries usually take years to resolve.

Question 33

Is my settlement money taxable?

Accepted Answer

Most of the compensation you will obtain following a settlement is not taxable. However, the money covering lost earnings and punitive damages is taxable.

Question 34

Where can I get my questions answered and learn what to do after an accident?

Accepted Answer

Contacting a law firm that specializes in personal injury is the wisest idea if you have recently been harmed due to the negligence of another person, company, or entity. Only a lawyer with vast experience in this area of practice will be able to advise you on what the best course of legal action is.

Question 35

Are there time restrictions for filing my claim?

Accepted Answer

The statute of limitations restricts the time you have to file a personal injury case in the state of California and throughout the United States. In California, it is 2 years from the day your injury occurred. However, it can be shorter depending on your situation, which is why it is always recommended to contact a lawyer as soon as possible after you get harmed.

Question 36

What does the term crashworthiness refer to?

Accepted Answer

The term crashworthiness refers to the ability of a vehicle to shield the driver and the passengers against injuries in the event of a collision. Numerous vehicle components contribute to the crashworthiness of a car.

Question 37

What is uninsured/underinsured motorist coverage and do I need it?

Accepted Answer

As one of the essential parts of the insurance policy of a vehicle, uninsured or underinsured motorist coverage will protect you if you have a car crash because of the negligence of the other driver, who does not have any insurance. For this reason, we encourage you to add this form of insurance to your policy.

Question 38

What is medical payments coverage and do I need it?

Accepted Answer

The purpose of medical payment coverage, also known as Med-Pay, is insurance that covers you after you sustain injuries as a consequence of a car accident. It will cover any medical expenses stemming from a car crash, no matter who is responsible for it.

Question 39

What are adequate limits of coverage?

Accepted Answer

There is no set amount of money that accounts for automobile insurance coverage, as it highly depends on factors such as your assets and income, your age, and your driving history. Nevertheless, you should know that California's minimum requirements for insurance coverage are inadequate to protect you.

Question 40

Should I speak to the insurance company following an auto accident?

Accepted Answer

Yes, as you will have to report your car accident to your insurer, regardless of who is at fault for it. However, you should not offer your insurance company more details than what is necessary, and you should not partake in their investigation either, as only a skilled attorney can help you recover damages following a vehicle accident.

Question 41

Should I call the police following an auto accident, even if it appears no one is injured?

Accepted Answer

While calling the police will not have anything to do with your insurance coverage, you will have to do it after a car crash, especially if someone is or seems injured. The police will arrive at the scene accompanied by medical personnel. However, if no one appears severely injured, you should probably call the non-emergency number if you have one.

Question 42

How Will my lawyer handle my case?

Accepted Answer

After the lawyer has all the necessary information and documents from you, they will evaluate your situation to determine whether you have a case. If you do, they will promptly file a claim or a lawsuit with the responsible party to recover the damages you deserve for your losses and distress. Your case will eventually result in compensation, which may greatly help you with medical expenses.

Question 43

Why won’t any lawyer take my case?

Accepted Answer

Attorneys should always take up cases that fall within their area of practice. Therefore, if you contacted a lawyer who does not specialize in personal injury, which is the kind of case you have, they will refuse you, which is a good sign, as no attorneys should take up cases they do not have experience with. When you find a lawyer specializing in personal injury, they will most likely take up your claim.

Question 44

How do I look up an accident report in Sacramento?

Accepted Answer

There are several ways that you can look up an accident report in Sacramento with the California Highway Patrol and the Sacramento Police Department, depending on which entity responded to the accident scene.

Question 45

How can negligence be proven in a truck accident lawsuit?

Accepted Answer

Your attorney and their legal team will determine who is at fault for the truck accident by assessing factors that indicate negligence, such as the driver being distracted by their cell phone, eating, or radio. Furthermore, he may have been sleep deprived or greatly exceeding the speed limit. We will carefully evaluate all these aspects to thoroughly prepare your case.

Question 46

Are there specific documents that I might need for the truck accident lawsuit?

Accepted Answer

Yes, there are several essential documents you will have to provide our legal team with if you intend to file a personal injury claim for a truck accident, mainly internal documents such as the inspection, maintenance, and repair of the truck. You will also have to allow us to look at your driver qualification records.

Question 47

How much time do I have to file a truck accident legal claim?

Accepted Answer

Regardless of what they entail, personal injury cases have a statute of limitations that restricts the time you have to take legal action. In California, you have 2 years from the day the truck accident occurred to file a claim or a lawsuit with the responsible party if you want to obtain the damages you are entitled to.

Question 48

Why is a truck accident more likely to cause injury than one involving passenger cars?

Accepted Answer

Perhaps the main reason truck accidents are more likely to result in severe injury than car accidents is the size and weight of the vehicle. Moreover, trucks are large, which means that they offer a smaller field of vision that cars and their dimension also makes trucks less maneuverable.

Question 49

How many no zones does a truck have?

Accepted Answer

The blind spots of a truck are also known as 'no-zones', which means that they are located in places where your car is no longer visible. This may be the reason you may become involved in a truck accident, as the driver cannot stop the vehicle or maneuver it safely. Consequently, when you are in a 'no-zone', you are significantly more vulnerable to experiencing a crush. A truck usually has 4 'no-zones'.

Question 50

Can I sue the truck driver’s trucking company for my injuries?

Accepted Answer

Since federal law requires trucking companies to take safety measures concerning the vehicles and the driver to prevent accidents, you can sue the business the truck you collided with belongs to. If the company is found liable for violating the law, which led to your accident, it will have to offer you compensation.

Question 51

If i’m injured in a truck accident, who can I sue?

Accepted Answer

Depending on the circumstances under which the truck accident occurred and on whom the truck belongs, you can take legal action against multiple parties, such as the truck driver, the manufacturer of the truck, the repair shop, and even certain government bodies.

Question 52

How are traffic accidents involving trucks different from accidents involving passenger cars?

Accepted Answer

One of the major differences between car accidents and truck accidents is that cars are usually owned by individuals, whereas trucks are often commercial, belonging to a company. When it comes to legal action, the person involved in a car accident can sue the other driver, while the one involved in a truck accident can sue the truck company, among other parties that may be liable.

Question 53

If I am partially at fault for the accident, can I still recover compensation?

Accepted Answer

Yes, you can still recover compensation, but the sum of money will be considerably smaller if your negligence has also contributed to the truck accident. Your degree of negligence will be evaluated according to the California law of "comparative negligence".

Question 54

What should I do at the scene and immediately after a trucking accident?

Accepted Answer

Following a truck accident, you should try to find out as much information as possible about it while you are at the scene. It is best to involve a legal team specializing in personal injury right after you were involved in the accident, as they will prove to be of great help in assessing the severity of the accident and gathering the most important evidence to support a potential case.

Question 55

How do I select an attorney for my trucking lawsuit?

Accepted Answer

If you were a victim in a truck accident, choosing the right attorney is crucial. You should never decide to work with a general practice lawyer, as they do not have everything necessary to achieve a favorable outcome for your case. Instead, you should look for a personal injury attorney, as they have the experience, knowledge, and resources to help you.

Question 56

Who can be held liable in a bicycle accident?

Accepted Answer

Many parties can be held liable in a bicycle accident, such as the car or truck driver who hit you, the public entity that designed the intersection, striping where the accident occurred, or both. Only with the assistance of a personal injury attorney can you find out for sure who is to blame for your bicycle accident.

Question 57

What are the most common injuries cyclists suffer in an accident?

Accepted Answer

Since cyclists wear little to no protective gear while riding their bicycles, they can sustain a wide range of injuries, some of which are very serious, such as broken limbs, spinal cord injuries, organ damage, internal bleeding, or lacerations.

Question 58

After a bike accident, should I sign a medical authorization form for the insurance company?

Accepted Answer

No. Following a bicycle accident, it is advisable to not sign anything your insurance company gives you before discussing it with a personal injury attorney, as they are the only professional who will act in your best interest. You should keep in mind that insurance companies are seeking to minimize the impact of your injuries and pay you as little as possible.

Question 59

What if I was partly at fault for my bicycle accident?

Accepted Answer

If you were also to blame for your bicycle accident, the sum of money you will receive as compensation will be smaller. In the state of California, the principle of comparative fault is effective, which means that a team of experts will determine the percentage of fault you had in the accident and award you compensation accordingly.

Question 60

What should you do if you are involved in a bicycle collision?

Accepted Answer

After a bicycle accident, you must receive medical care immediately, especially if your injuries are severe. Once you recover, we encourage you to reach out to a personal injury attorney, who will help you recover the financial compensation you deserve if you were not at fault. Even if you had a part of the fault, you can still get compensation in California.

Question 61

How can employers minimize the construction work risks?

Accepted Answer

There are numerous protective measures construction companies must take to prevent employees from experiencing injuries on the job. Some of these measures are making sure the equipment on the site works properly, ensuring that workers wear adequate protective equipment at all times, and discussing the health and safety policy with the employees.

Question 62

When investigating a construction site accident, what needs to be examined first?

Accepted Answer

If you decide to work with a legal team, their experts will investigate every aspect of your injury and try to determine whether a third party could have caused your injury. For instance, if the equipment you were using when the accident occurred is found to be defective, your employer can be held liable for negligence.

Question 63

How often do construction site accidents occur on private property?

Accepted Answer

Over 50% of construction site deaths occur on private property during remodeling and repair work performed to the building. While these jobs are considered low risk, few safety measures are taken to protect construction workers from life-threatening accidents.

Question 64

As a construction worker, how can I avoid being involved in accidents?

Accepted Answer

There are numerous things you can do to avoid the risk of being injured on the construction site as a worker, such as taking a break from working if you are feeling drowsy, keeping in mind the safety program your employer has explained to you, and never taking a high-risk task if you are not trained to perform it.

Frequently Asked Questions

AUTO ACCIDENTS

BICYCLE ACCIDENTS

CATASTROPHIC INJURY

CONSTRUCTION SITE ACCIDENTS

DOG BITES

GENERAL QUESTIONS

PERSONAL INJURY

SPINAL CORD INJURY

TRAUMATIC BRAIN INJURY (TBI)

TRUCK ACCIDENTS

WRONGFUL DEATH