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Rahm Law Group, APC

At Rahm Law Group, APC, we handle all types of personal injury cases. If you have been injured in a car or auto accident, or slipped or fell, or any other type of incident caused by someone else’s negligence (for example, someone acting carelessly), please contact us for a free consultation.

What Steps Should Someone Take When They Have Been Injured Due To Someone Else’s Negligence?

After a car wreck or any other type of incident that causes your injury, the first step you should take is to determine whether anyone is complaining of or manifesting an injury. Second, you should call and ask for help from people in charge (such as a security guard, the store manager, or another responsible party), or call for an ambulance and have a police officer and a first aid responder come to the scene and examine you.

Third, you should take photos of the scene of the accident or the site of your injury (or ask someone to do so for you if you are unable to do so). Gather any information and evidence that could potentially help a future claim. Ask for the names and phone numbers of the people who saw what happened, the witnesses on site. Request the insurance information, driver’s license number, license plate number, and vehicle registration from the at-fault party. Document the damage to the vehicles involved. Record the time, weather and road conditions, and anything else you notice that could be important. All of this will be critical in helping your lawyer to file and prove your claim. Furthermore, it is common for people to forget details of what happened following a traumatic experience, so it is important to record (or write down) as much information as possible while on site to support any claim you may need to file with your personal injury attorney.

Fourth, it is important to seek medical attention in order to document what you are experiencing, even if you are uncertain of the extent of your injuries. Oftentimes, people who are injured do not feel or notice pain until days or even weeks later. This might prevent someone who has been seriously injured from seeking proper medical care, which could then weaken their claim due to a lack of documentation (for example, no medical record, no police report, no urgent care visit, etc.) in future settlement discussions.

If I Was Partially At Fault For The Accident That Caused My Injuries, How Will It Impact My Personal Injury Claim?

Currently, California follows a pure comparative negligence system. Unlike in other states, if you were partially at fault for an accident that caused your injuries, you can still file a lawsuit or claim against the other party despite you having some fault. It is possible that part of your damages (for example, the non-economic damages such as pain and suffering) could be reduced or apportioned based on the amount of fault of the plaintiff or other parties involved.

What Is The Statute Of Limitations For Filing A Personal Injury Claim In California?

In California, an injured party generally has two years starting from the date of the accident to file a personal injury claim, unless otherwise prescribed under the law (claims against a governmental agency or entity must be filed within three to six months, for example). This is why it is crucial to contact a personal injury attorney immediately to call for an initial consultation or begin work on your case.

What Defenses Do Insurance Companies Use To Avoid Paying Out On Serious Injury Claims?

Insurance companies use many defenses to fight claims brought by injured persons. Often, they will argue that their insured was not at fault for the incident or accident, and they will hire private investigators and experts to attempt to prove that the person bringing the claim is actually to blame or determine fault.
Insurance companies also commonly attempt to avoid paying out or minimizing settlement amounts by using the medical records of the injured party. They often argue that the injuries sustained are not serious or are unrelated to the incident.

Another way that insurance companies try to reduce settlement amounts is by arguing the medical treatments provided to the injured person were excessive or unnecessary. They may provide a dollar amount that their own examiner finds reasonable. Additionally, insurance companies will look for any gap in treatment or delayed treatment following the accident or incident.

Having an experienced personal injury attorney is crucial to understanding and navigating the tactics that the insurance companies will use to reduce or deny your claim.

What Compensation/Damages Should I Seek In My Auto Wreck Injury Claim?

Personal injury claim damages are intended to make the injured party whole again. Of course, that does not necessarily mean you will recover fully to the point you were at before the injury. However, a proper settlement amount should, at the very least, compensate you for any past and future lost income, past and future medical expenses, any assistance you may need for your daily activities, and other costs associated with the original injury, including pain and suffering.

Get Information on Personal Injury Claims in California, or call the Rahm Law Group, APC for an initial consultation at (424) 777-3842 and get the legal answers you are seeking.

Michael Rahmanou, Esq.

Call Now For A Free Case Evaluation
(424) 777-3842

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