California Personal Injury Lawyers Blog

Avoiding Los Angeles Personal Injury Case Pitfalls

November 22, 2010 | by Robert Walch

It is continually getting harder and harder to obtain a fair personal injury settlement in Los Angeles. Insurance companies will make every argument possible for why you, the victim of someone else’s negligence, do not deserve a fair recovery for your Los Angeles personal injury claim.

One mistake that accident victims frequently make is giving statements to the other party’s insurance company after an accident. If you give a statement, without an experienced Los Angeles personal injury attorney present, you may be committing certain mistakes that can seem innocent at the time, but may torpedo your case’s settlement value.

Another mistake Los Angeles accident victims make is thinking they can handle their claim on their own. We get countless calls from people who attempted to handle their case on their own, and then felt like they were being given the run around and treated unfairly by the insurance company. While we are usually able to help these people, there is not much that can be done to reverse some mistakes that they have already made. These clients often tell us they wish they called us the day of the accident, or from the scene of the accident, as they learn that this would have helped them maximize their recovery on their personal injury case in Los Angeles.

Los Angeles Auto Accident Recovery Keypoints

November 20, 2010 | by Robert Walch

If you are injured in an auto accident in Los Angeles, the last thing you are probably thinking about is preserving evidence for a personal injury case. However, if you are physically able, or have a family member or friend who can help you, getting and preserving evidence will have a huge impact on your potential recovery.

Once you have obtained the other driver’s information (driver’s license number, address, phone number, license plate number, insurance company policy information, etc.), it is then important to document how the accident happened. If the other party is admitting liability (fault) at the scene, and seems genuinely apologetic, see if the other party will sign a short document stating that he/she caused the accident. While this may seem silly, especially in cases such as a seemingly simple rear end collision, oftentimes the responsible party will change his/her story when it comes to reporting the facts of the collision to his/her insurance company. If you have a signed document, this will help prevent the other party from changing his/her story.

One important type of evidence is photographs. People injured in an accident in Los Angeles should take photographs of the scene of the injury as well as of any visible injuries. Take photos from multiple angles and get injury photos with good lighting. Photos of visible injuries, taken as soon as possible after the auto accident, can significantly increase the value of your case. Make sure to keep the pictures in a safe place and maintain them until well after your case is fully resolved.

Huntington Beach Drunk Driving Prevention Proposal

November 17, 2010 | by Robert Walch

Due to a significant problem with drunk driving injuries in Huntington Beach, the Huntington Beach City Council and Police Department are considering a policy of publicly shaming drunk drivers on Facebook.

According to the Los Angeles Times, “A July report by the city said there is ‘a significant DUI problem in Huntington Beach,’ citing 274 alcohol-related collisions and 1,687 drunk-driving arrests last year — one of the highest rates statewide for a city its size.”

This is a major concern as we all know the risk that drunk drivers pose to not only other drivers and pedestrians, but also to themselves. The theory seems to be that the threat of injury, severe fines and possible jail or prison time are not enough and that the fear of a public ridicule on Facebook may help prevent drunken driving injuries in Huntington Beach.

Car Accident Help in Los Angeles

November 16, 2010 | by Robert Walch

If you have been injured in a car accident in Los Angeles, you need an experienced Los Angeles attorney you can trust. If you need it, our office can help you with all of your accident and injury needs, including:
1) Getting your car repaired (or reimbursed if your vehicle is a total loss);
2) Coordinating a rental for any time you are without your car, or getting you compensated for any time you are without the use of your car;
3) Helping you find a doctor in your area who can see you on a lien basis (meaning the doctor will wait for payment until your case is resolved and you will not have to pay up front or pay any co-pay for each visit);
4) Facilitating a loan on your settlement if you are in urgent need of funds; and
5) Fighting to obtain a monetary settlement that compensates you for your damages, which may include: pain, suffering, loss of earnings, loss of ability to take part in and enjoy life activities, and any other losses you have suffered as a result of someone else’s negligence.

Value of Witnesses in Accident Cases In California

November 14, 2010 | by Gary Walch

If you have an accident in California, we cannot emphasize enough how important it is to obtain the identity of all favorable witnesses and their contact information should you need their testimony to win your case.

Two recent cases we handled within the past year show the importance of having witnesses even when you might believe the other party is at fault and witnesses might not be necessary.

In a recent premises liability case we settled for over two million ($2,000,000.00) dollars, the other side tried to place some comparative liability on our client because he had a few beers earlier in the day. In this case, the railing on a balcony broke, causing our client to fall to the ground. The other side tried to suggest our client may have jumped or fell due to intoxication. Our client was clearly not intoxicated, and even if he was, the railing breaking had nothing to do with moderate drinking. Nevertheless, the fact we secured statements from two others confirming only very moderate drinking and no intoxication, eliminated that issue from the defense attorney’s contentions.

What You Should Do If You Are In A Car Accident In Los Angeles

November 13, 2010 | by Gary Walch

Accidents happen. We all hope to avoid them, but what should you do if while driving in Los Angeles you are stopped for a red light and rear ended or while going through a green light hit by someone who ran the red and broadsided you, often called a T-Bone collision?

If you are the victim of an accident in L.A. (which includes Hollywood and the San Fernando Valley with North Hollywood, Studio City, Van Nuys, Sherman Oaks, Encino, Reseda, Tarzana, Canoga Park and Woodland Hills) here are some things you should do:

• If the collision is not your fault, you should call 911 to report it to the LAPD to obtain a police report called a Traffic Collision Report. Even with the wait for the police to arrive, this time will be more than saved later by having the police document what occurred, the parties involved, who is at fault and why.
• If you are injured, do not be shy or macho when asked. Do not deny it or make light of it. It is important to document all injuries. Further, we understand that often the LAPD is busy and may not come to investigate and prepare a report of an auto accident unless there are injuries. Thus, when asked, be sure to identify each injury you have.
• Be sure to get the full name, current address and telephone numbers of all persons involved. Ask to see their drivers’ licenses and proof of automobile insurance, write down all of the information on the license and insurance card, and ask if there are any new addresses.
• Write down the full license plate number on each involved vehicle.

Los Angeles Hit and Run Accident Advice and Compensation

November 12, 2010 | by Robert Walch

Being involved in a car accident in Los Angeles can be a very traumatic experience. You will most likely feel very shaken and scared. These feelings can be compounded if the responsible party leaves the scene of the collision without identifying himself or herself. If you find yourself the victim of a hit and run accident, there are a few simple things you should know to help protect your rights and get compensation for your hit and run injuries.

First, and before a hit and run collision occurs, you should be sure you have Uninsured Motorist (often referred to as UM) coverage on your insurance policy. This coverage will take the place of the responsible party’s coverage and you can seek compensation through your own insurance company without any detriment to you.

Second, after this collision occurs, if you are physically able to, you should do your best to write down the other vehicle’s license plate number and a description of the vehicle and driver. The police (or our law office) can use this information to find out who the owner of the car was at the time of the collision.

Next, if you have a cell phone, call 911 and give the 911 operator as much detail about the other car and person as you can. If you need an ambulance, make sure to tell the 911 operator. If you are able to get a picture of the hit and run vehicle before it is gone, and only if it can be done safely, you should attempt to do so.

If there are any witnesses, be sure to write down all of their information, including name, address and all of their telephone numbers and email addresses. Also, ask if any of the witnesses were able to get a license plate number or any other description of the car or person that hit you.

Afterwards, the accident should be promptly reported to your insurance company. It may be best to have an attorney do this for you or at least advise you how to do this, including things you should not say. Things you should not say to your insurer can be very important! Our office can provide this valuable assistance for you.

Doing each of these things, including having the right insurance coverage to begin with, should help you get the compensation and justice that you deserve. You should be sure you have UM coverage now and always review your insurance coverage with your insurance agent or attorney at least yearly. We offer this service to our clients.

California Injury Lawyers Launch Blog

November 11, 2010 | by Gary Walch

After handling injury claims for over 30 years in Los Angeles and surrounding counties, including Ventura, Orange and San Bernardino and throughout California, we are launching our blog site to give assistance to consumers in California who have been the victim of someone’s negligent conduct.

One never knows when an unfortunate accident will occur. Look at the people on the Carnival cruise ship Splendor who thought they were off for a fun filled cruise down the California and Mexico coasts, when a fire broke out stranding their ship off the Mexican coast. Nearly 4500 people were stranded. Fortunately, as this is being prepared, we learn the passengers and crew are happily disembarking in San Diego.

One woman passenger was quoted, “It’s been like a nightmare. There’s been no food, no power, no electricity, no flushing toilets. I spent the night tossing and turning in my cabin in the dark.”

Another passenger, Joey Noriega, told ABC’s “Good Morning America” on Thursday, “We’re eating spoiled turkey sandwiches and warm milk and warm yogurt. Everything smells like it’s spoiled. … Nothing’s cooked. It’s all sandwich meat. It’s disgusting. You’re afraid to eat it ’cause it’s been left out and touched by everybody else on the ship.”

Fortunately, the United States Coast Guard was there to escort the nearly 1000 foot ship back to San Diego, and the United States Navy flew in emergency food for the passengers and crew. It also was reported that many passengers helped those in need and crew members did their best to assist, including cleaning cabins by flashlight. You can read more about this on msnbc.com.