Category Archives: Legal Resources

A Substantial Overview of California’s Personal Injury and How It Relates to Car Accidents

The impacts of an auto accident go past property harm. You may endure personal injury. You’re compelled to remove time from work, and you may experience the ill effects of mental anguish identified with the auto accident. Contingent upon the degree of the personal wounds, you may likewise languish the loss of satisfaction over exercises in which you routinely take an interest. Wounds you endure may also influence your life partner. These injuries are compensable, and you’re qualified for cash to make help alleviate any hardships suffered as a result of your accident.

Regularly, the recuperation procedure is difficult. The procedure is challenging in light of the fact that the recuperation is frequently from the dependable party’s insurance agency. Alternately, in the deplorable occasion that the dependable party is uninsured or underinsured, the recuperation will originate from your auto protection, (accepting you are satisfactorily insured).

The initial step is that you have to open a claim with the mindful driver’s vehicle protection. Insurance agencies procure agents and attorneys who are knowledgeable in the particular laws of California that identify with auto accidents and the subsequent personal injuries. While the claim procedure ought to be open and reasonable, the insurance agency agents and attorneys as often as possible promote their organization or customer. Protection agents and attorneys rapidly explore claims and endeavor to settle big publicity claims quick. That implies they attempt to offer you cash from the get-go to resolve the allegation. Much of the time, the money that protection agents and attorneys offer you at an early stage is a lower sum than you are owed. Not exclusively are protection agents and attorneys versed in the particular laws. However they are likewise gifted in rapidly assessing damages and restorative records. Accordingly, they promptly handle claims to limit corporate introduction.

A San Diego California personal injury lawyer can advocate for you. You require an attorney to “even the odds.” You want a personal injury lawyer to guarantee that the claim procedure is reasonable. A personal injury attorney guarantees that you get a sensible settlement for your misery and suffering.

A personal injury attorney is knowledgeable in the particular laws that represent your recuperation. You ought to not explore the claim procedure alone. Insurance agencies get portrayal from agents and lawyers, and you merit portrayal too. Moreover, just a personal injury attorney can enough speak to you in court if necessary. Every now and again, insurance agencies show lacking honesty in reasonably examining and settling claims. At the point when that happens, a claim gets to be distinctly vital.

Contact a professional San Diego car accident lawyer such as Yasmine Djawadian to schedule your free legal consultation where you will learn whether your case qualifies you to earn legal compensation for injuries sustained during a car accident caused by another driver’s negligence.

What To Do If You’ve Been Involved In A Car Accident In Vancouver, Washington

Auto crashes are increasing each year in Washington State. Sidetracked driving, high rates of speed and driving while inebriated are all things that prompt to auto collisions. Many automobile crashes which result in severe harm or death are preventable. The following information is a comprehensive summary of car accident laws in Washington State and how they can impact the individuals who are harmed.

Statute Of Limitations

The individuals who endure serious injury in an auto crash and wish to pursue a personal injury claim must make certain to do as such inside the suitable statute of limitations. Washington State gives car accident victims 3 years after the crash date to submit their case to court. Note that the case just must be filed to court inside the statute of limitations, not entirely settled. The individuals who neglect to meet this due date will in all probability lose the privilege to have their case heard in court.

Comparative Negligence Laws

While most auto collision cases are typically clear and easy to determine, some might be more troublesome. Washington State takes after comparative negligence laws, which implies that blame might be put on more than one driver after an accident. The law permits every individual involved in the crash to be held accountable for a specific percentage of fault. While it may not mean accident victims won’t recoup a settlement in a car accident case, it can influence the measure of the settlement depending upon the percentage of fault they are determined by the court or insurance agency.

What To Do After An Accident

It can be hard to know precisely what to do after a car accident. The individuals who are severely injured in all probability can’t work and have mounting medicinal expenses. Therefore, it is best to talk with an experienced car accident attorney to figure out what your alternatives are under the law.

If you, a loved one, or a friend have fell victim to injuries after a car accident, you may be entitled to earn legal compensation if your injuries were caused by the negligence of another individual. Contact a professional car accident lawyer from the offices of Caron, Colven, Robison & Shafton Law to schedule your free first-time legal consultation where a legal representative will be able to review your case and determine whether you should pursue legal action.

3 Mistakes You Need To Avoid When Constructing Your Personal Injury Case

3 Mistakes to Avoid in Your Personal Injury Case

Nobody ever anticipates being harmed. However, that doesn’t prevent it from happening. Personal injury can occur at work, in the market, out and about any anyplace else you can consider. They can result in a struggle to get back to work and bring home money to feed your family, and additionally recover from your injuries. Despite how your accident happened, you need to ensure that you don’t wind up committing an error that could hurt your own personal injury case.

Neglecting to seek medical attention

In many cases, individuals put off going to a medical professional since they don’t think their injuries are that terrible. While you may believe you are fine, it could simply be that your adrenaline is at an unequaled high. At the point when your adrenaline is high, it can lead you to believe that you aren’t harmed. You have to notice and head to the doctor to get looked at as a health check. It is far better to get a checkup and get to know that you’re fine than it is to discover you’re aren’t and wind up with some kind of injury that could disable you or kill you in the future. Inner bleeding and additional injuries aren’t apparent on our outer body. Getting looked at could be the difference between life and death.

Settling your case too rapidly.

Despite the fact that you may be strapped for money, you would prefer not to settle your accident before you know the full degree of your damages. There is no real way to know to what extent it will take you to recover from your wounds in the first day or two. You have to give yourself some an opportunity to ensure you are receiving the absolute most compensation before you consent to take any settlement. In the event that you settle too early, you could wind up missing out on cash that you legitimately merit.

Trying to settle your case alone

While you may think you can deal with everything yourself, that isn’t precisely to your greatest advantage. You require a prepared legal counselor who knows the intricate details of the law to ensure you get all that you have coming to you. There are plenty of things that you may not understand which is where a personal injury lawyer can help you.

Things like lost wages, doctor’s visit expenses, mileage to medical checkups, specialized equipment purchases and more can be added to your case. This is the reason you have to need to contact a professional personal injury lawyer from the law offices of Caron, Colven, Robison & Shafton P.S. They can ensure you don’t get exploited by the insurance agency and wind up settling for less cash than what you ought to have in any case.

How To Obtain a Monetary Settlement After an Accident in Washington State

Being hurt in an accident is difficult in the best of circumstances. It can be even more problematic when your injuries were caused by the negligence of another. Fortunately, the law provides a way for people hurt in accidents to seek a monetary award from the at-fault party. The following contains information on Washington State personal injury laws and how they can help you obtain money for your injuries.

Types Of Accidents

Personal injury law covers several different types of accidents and injuries. The majority of personal injury cases are:

  • Motorcycle Accidents
  • Slip And Fall Cases
  • Car Accidents
  • Injuries Caused By Commercial Vehicles
  • Bicycle Accidents
  • Pedestrian Accidents
  • Medical Malpractice
  • Wrongful Death
  • Birth Injuries

Not all accidents qualify for personal injury lawsuits. To obtain a settlement after an accident, you must be able to prove negligence. This means that the at-fault party must have acted in a negligent or reckless manner which led to the accident and your injuries.

Proving Who Was At Fault

It is not always easy to prove who is at-fault in an accident. Some things that may prove negligence include:

  • Driving Under The Influence
  • Speeding
  • Road Rage
  • Texting Or Talking While Driving
  • Failing To Yield The Right Of Way
  • Disobeying Traffic Signs And Signals

Damages

There are certain damages that may be awarded in personal injury cases such as:

  • Ambulance Fees
  • Hospital Bills
  • Surgery Costs
  • Doctor Bills
  • Lost Income
  • Future Lost Income If You Are Disabled Due To The Accident
  • Pain And Suffering
  • Emotional Distress

It is imperative to accurately calculate your expenses and damages in a personal injury case. For this reason, it is best to seek the advice of an experienced injury attorney to be sure you obtain a fair settlement.

If you have been hurt in an accident, contact a personal injury attorney for advice. Speaking with an attorney is the best way to learn if you have a valid claim and should proceed with filing a personal injury lawsuit seeking compensation for your accident-related expenses.

Steps To Take After Being Involved in a San Diego Car Accident

The effects of a car accident go beyond property damage. You might suffer personal injury. You’re forced to take time away from work, and you might suffer from mental anguish related to the car accident. Depending on the extent of the personal injuries, you might also suffer the loss of enjoyment for activities in which you regularly participate. Injuries you suffer might also affect your spouse or time with your spouse. These injuries are compensable, and you’re entitled to money to make you whole.

Often, the recovery process is challenging. The process is challenging because the recovery is often from the responsible party’s insurance company. In the unfortunate event that the responsible party is uninsured or underinsured, the recovery will come from your car insurance, (assuming you are adequately insured).

The first step is that you need to open a claim with the responsible driver’s car insurance. Insurance companies hire adjusters and attorneys who are well-versed in the specific laws of California that relate to car accidents and the resultant personal injuries. While the claim process should be open and fair, the insurance company adjusters and attorneys frequently advocate for their company or client. Insurance adjusters and attorneys quickly investigate claims and attempt to settle high exposure claims fast. That means they try to offer you money early on to settle the claim. Frequently, the money that insurance adjusters and attorneys offer you early on is a lower amount than you are owed. Not only are insurance adjusters and attorneys versed in the specific laws, but they are also skilled in quickly evaluating injuries and medical records. As a result, they quickly handle claims to minimize corporate exposure.

A San Diego California personal injury lawyer can advocate for you. You need an attorney to “level the playing field.” You need a personal injury lawyer to ensure that the claim process is fair. A personal injury attorney ensures that you receive a reasonable settlement for your pain and suffering.

Yasmine Djawadian is well-versed in the specific laws that govern your recovery. You should not navigate the claim process alone. Insurance companies get representation from adjusters and lawyers, and you deserve representation as well. Furthermore, only a personal injury attorney can adequately represent you in court if needed. Frequently, insurance companies demonstrate bad faith in fairly analyzing and settling claims. When that happens, a lawsuit becomes necessary.

What Are Compensatory Damages in Orange County Personal Injury Cases?

The majority of Orange County personal injury injuries are called compensatory which means their purpose is to compensate the injured for the hardships they’ve endured as a result of the accident or injury.  The compensatory damages are used to restore the injured from a monetary perspective to a reasonable extent. It is calculating what the consequences of an accident yield to a dollar sign. This is relatively simple when it comes to property damage reimbursement or medical bills, but it can get much more complicated. Placing a monetary value on the hardships suffered and will continually suffer such as physical limitations from lingering accident-related injuries becomes difficult, to say the least. Click here to learn more about how a personal injury in Orange County.

Compensatory damages are further classified into the following categories:

Medical Treatment – A compensatory damage that typically covers medical bills necessary as a result of the accident. Reimbursement for treatment received and compensation for the projected cost of medical care you’ll receive in the future due to the incident.

Income – Compensation for lost wages are classified as income damages, they include lost salary and money you should be earning in the future had the incident not occurred. In technical terms; a damage award characterized as compensation for a victim’s loss of earnings.”

Property loss – Compensation for any vehicle, clothing, or item damage resulted from the accident. The reimbursement compensates based on the fair market value of the property lost or damaged.

Pain and suffering – You can also receive compensation for the pain and extreme discomfort suffered during and after the accident.

Emotional distress – Although typically associated with the most serious cases, emotional distress damages compensate a victim for the psychological influence resulted from the accident such as paranoia, anxiety, and insomnia. Emotional distress is sometimes categorized under pain and suffering damages in certain states to it’s important to know what California declares, visit here to learn more about California law.

Loss of enjoyment – Injuries can result in a loss of enjoyment from daily activities such as hobbies and exercise thus these damages are meant to compensate sufferers.

It’s never recommended to enter a legal court alone, you owe it to yourself to receive professional legal representation in a court where you’re assured there’s someone fighting for your legal rights. Guldjian Law will aggressively fight for your entitled legal compensation, contact Guldjian Law APC today.

Differences Between Compensatory and Punitive Damage Awards

When an individual is injured in a car, truck or motorcycle accident and someone else is at fault; that person can reasonably expect to be compensated for costs related to the injury. These costs can include medical bills, damaged property, lost wages and other practical expenses that result from the accident. Money awarded by the court for these types of expenses, through the process of a personal injury lawsuit, are called compensatory damages.

However, seriously or permanently injured accident victims may want to consider making a petition for punitive damages as well. This type of compensation is awarded when the person who caused the accident was grossly negligent in some way, for example, driving while under the influence of alcohol or drugs, and the victim experiences emotional pain and suffering as well as physical trauma.

Emotional pain and suffering awards can potentially be significantly larger than some compensatory damages, but many factors can affect the outcome and award amount. The definition of pain and suffering has a relatively limited scope, but can include permanent disability, disfigurement, loss of companionship or significantly reduced the quality of life.

In California, for an accident victim to be awarded punitive damages, certain standards must be met. For compensatory awards, the level of proof required to win a personal injury lawsuit is by a preponderance of the evidence. That means that if it can be shown that is more likely than not that the defendant caused the accident, then they will be found guilty and must pay the compensatory award amount set by the court.

For punitive damages to be awarded, it must be shown by clear and convincing evidence that the defendant not only caused the accident but also showed malice or careless disregard for the safety and welfare of others through their actions.

Even with these fairly standardized guidelines, personal injury cases involving motor vehicles can be quite complex. There are some other factors, beyond the level of proof required, that can affect the outcome.

An attorney who is familiar with and knowledgeable about the complex laws surrounding personal injury in California can help injured victims understand their rights and evaluate the viability of a cased based on the available evidence. That’s why an experienced and professional California personal injury lawyer from the law offices of Guldjian Law APC may be able to assist victims by providing information regarding resources that can help accident victims recover from the emotional fallout.

Sources: http://www.remappingdebate.org/california-civil-code-%C2%A7-3294-exemplary-damages-when-allowable-definitions

Burbank Personal Injury Attorneys Have You Covered

Vehicular accidents are commonplace in the are of Burbank California. In fact, thousands of them occur each year and unfortunately end in death. The people who do end up surviving these accidents are often riddled with severe injuries such as broken bones, burns, paralyses and deep emotional scars and mental images. The good news is that you can receive assistance with the aftermath of a vehicular accident by contacting a reliable personal injury lawyer in Burbank such as Guldjian Law. The attorney can help you put your life back on track after a devastating occurrence.

What Burbank Personal Injury Lawyers Cover

Vehicular accidents are the Burbank personal injury lawyer’s most frequently covered accidents. They can help with injuries from motorcycle accidents, bicycling accident, truck collisions, and car crashes. Burbank personal injury lawyers can cover a wide variety of accidents, not just vehicular accidents, however. Some other incidents that such attorneys cover are incidents such as slip-and-fall occurrences, dog bites, product liability, medical malpractice and the like. Personal injury attorneys are in business to care for anyone who has fallen victim to neglect.

What Personal Injury Lawyers Can Do

Burbank personal injury attorneys can take several roles. They can act as a person’s comforter and confidant at a time when that person feels weak about the incident. Personal injury lawyers can also request compensatory and punitive damages from the offender for the victim’s injuries. Compensatory funds compensate the individual for his or her medical bills, therapies, auto repair, work wages, household bills and the like. Punitive damages are additional funds that the judge might order upon someone who is extremely neglectful in an accident. For example, the judge may make a drunk driver pay extra money for the lack of concern that person displays for other people’s lives.

Contact a Burbank Attorney Today

You can contact a Burbank car accident attorney today and receive assistance in your time of trouble. Someone will schedule a free consultation for you. During the free consultation, you will provide some details to the attorney, and he will assess those details. He will offer you representation, and then you can draw a conclusion as to whether you would like the firm to represent you. Personal injury cases are usually no-risk cases, which means that you will lose nothing but gain everything by hiring an attorney to fight for you.

What does an Los Angeles personal injury attorney do?

Personal injury law covers a wide variety of practice areas where compensation is sought for damages suffered by injured people as a result of the negligent or intentional acts of others. These types of cases most commonly include but aren’t limited to:

  • Car, truck or motorcycle accidents
  • Aviation, boat, train, bus or taxi accidents
  • Slip and fall and trip and fall injuries
  • Accidents involving dangerously defective products
  • Medical malpractice
  • Wrongful death

Our Los Angeles personal injury lawyers aren’t only restricted to actual physical injuries. A personal injury lawyer might also bring actions involving purely financial loss or injury to reputation like libel or slander. Although cases like those have different elements of proof, the same rules of civil procedure and evidence apply.

The accident consultation and evaluation

Personal injury lawyers are trained to identify certain pivotal issues in accident cases that might arise in the future. They’re not going to waste time and money pursuing an injury case if there isn’t a likelihood of financial recovery or if the recovery would be cost prohibitive. He or she will also determine whether the client might have been partially responsible for the accident since the percentage of negligence attributable to the client can be deducted from their total award. More than one person or entity can be responsible for a victim’s loss. The personal injury lawyer can identify who might be held accountable for an accident and injury.

After taking a case

Once a personal injury attorney accepts responsibility in a case, he or she will either make a claim on behalf of the client against the insurer of the person who caused the accident or file a lawsuit in court. Medical and employment records are obtained to support the allegations of damages. Statements from witnesses might be obtained, and if the case has been placed in a suit, it’s prepared as if it will be going to trial. Whether in the claims stage or court, settlement offers might eventually be made. Based on the attorney’s knowledge and experience, any offer will be recommended or not recommended to the client.

If you or a family member have been injured in an accident in or around Los Angeles, or if a family member has been killed in an accident, call Guldjian Law, APC right away at 1-800-385-4838, or use our online contact form. We’ll arrange for a free consultation and case evaluation.

Information on DUI Laws in Washington State

Like most states in America, Washington has strict laws dealing with driving under the influence (DUI) of alcohol or other intoxicants.  States are implementing tougher fines and penalties in an effort to

States are implementing tougher fines and penalties in an effort to discourage individuals from driving under the influence.  In 2012 there were 444 fatalities attributed to motor vehicle accident involving alcohol.

Even with focused efforts to increase the awareness of the impacts of DUI, and tougher Washington DUI laws, individuals continue to get behind the wheel after consuming too much alcohol or taking medications that greatly impair the ability to drive.

Often times individuals do not realize they are over the legal limit to drive a vehicle and they find themselves getting pulled over or stopped at a DUI checkpoint and arrested for DUI.

New technologies are being developed that allow individuals to quickly test their BAC (blood alcohol concentration) before they get behind the wheel.  The hope is that by making these personal BAC testing devices readily available to the public they will begin to test themselves and if they are over the legal limit to drive they will find another way to get home or wherever they are going.

Of course, even with these new technologies, stiffer DUI penalties and more awareness of the dangers of DUI, people will still get behind the wheel while being over the legal limit to drive.

Common DUI Questions:

RCW 46.61.504

(1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:

(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood made under RCW 46.61.506; or

(b) The person has, within two hours after being in actual physical control of a vehicle, a THC concentration of 5.00 or higher as shown by analysis of the person’s blood made under RCW 46.61.506; or

(c) While the person is under the influence of or affected by intoxicating liquor or any drug; or

(d) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state does not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.

(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person’s breath or blood to cause the defendant’s alcohol concentration to be 0.08 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant’s intent to assert the affirmative defense.

(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of marijuana after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person’s blood to cause the defendant’s THC concentration to be 5.00 or more within two hours after being in control of the vehicle. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant’s intent to assert the affirmative defense.

(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.

(b) Analyses of blood samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in control of the vehicle, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by marijuana in violation of subsection (1)(c) or (d) of this section.

(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.

(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:

(a) The person has four or more prior offenses within ten years as defined in RCW 46.61.5055; or

(b) The person has ever previously been convicted of:

(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);

(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);

(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or

(iv) A violation of this subsection (6) or RCW 46.61.502(6).