Seeking compensation for damages and losses after a car accident can be complicated. You may have more than one source of compensation available to you for your car accident injuries, depending on the facts and circumstances of your case. While no amount of money erases the pain, stress, anxiety, frustration, and inconvenience caused by a negligent driver, it can help alleviate some of the financial burdens caused by the auto accident.
Five Types of Compensation You May Receive for Your Car Accident Claim
Each of the following sources of compensation after a car accident claim has different requirements. You may or may not meet the requirements for each, but it is worth investigating so that you exhaust all potential sources of financial assistance after a car accident.
Liability Insurance Claim
A liability insurance claim is filed against the driver who caused the accident. The insurance provider for the at-fault driver should pay your financial and non-financial damages up to the policy limits. However, most insurance companies work diligently to limit their liability for an accident, even when it is clear that their insured caused the crash. Therefore, it could take months or even years to settle a liability insurance claim.
Health Insurance Benefits
If you have health insurance, your insurance company may pay for medical care related to the accident. Health insurance payments help victims receive the medical treatment they need as they prepare to file a liability insurance claim. Beware, your health insurance company has a claim against any money you receive from your car accident claim. In other words, you may have to pay back the health insurance provider for any payments it made related to the accident from the money you receive for your car accident claim.
Personal Injury Protection or Med Pay
If you carry personal injury protection (PIP) or Med Pay insurance, you may receive compensation from your insurance provider for medical bills, lost wages, and other financial damages. PIP and Med Pay are no-fault insurance policies. Therefore, you can receive compensation if you have this coverage even though fault for the car accident may still be in dispute.
Underinsured Motorist Coverage
You may not receive full compensation for all damages from a liability insurance claim. The at-fault driver’s insurance policy limits may not cover all your costs. If so, you may receive additional compensation from your insurance provider if you have underinsured motorist coverage. Your insurance company pays you the difference between the value of your claim and the amount paid by the liability insurance carrier.
Property Damage Claims
A claim for property damages is separate from all claims related to bodily injury. In most cases, the property damage claim is settled very soon after the accident, unless liability is disputed. The insurance company should pay to repair your vehicle. If your vehicle is totaled, the insurance company should pay an amount equal to the fair market value for your vehicle. You are responsible for the payment of any liens on the vehicle. In most cases, the insurance company writes the check to you and the loan company.
Contact a Sacramento Car Accident Attorney for Help
An experienced California car accident attorney can help you sort out the various injury and damage claims after an auto accident. Contact our Sacramento personal injury attorneys for a free consultation by calling The Tiemann Law Firm at (916) 999-9000 or by visiting our website.
Burns can range from minor burns that heal within a few weeks without the need to see a doctor. However, some burns are more serious and may require medical attention. In some cases, burn injuries may require surgery and result in scars and disfigurement. Serious burns can also cause complications and infections.
There are many causes of burn injuries. If the negligence of another party causes your burn injury, you may be entitled to compensation for an injury claim. The claim may be filed as a product liability claim, personal injury claim, or premises liability claim depending on the cause of the burn.
Causes of Burn Injuries in Accidents
Burns damage the layers of the skin. Deep burns can also damage the nerves, bones, and soft tissue below the skin. Fire is a common cause of burn injuries. However, overexposure to the sun can also result in severe burn injuries. Exposure to chemicals, electricity, and hot liquids can also result in burns.
Some accidents that could result in burn injuries that may be the fault of another party include:
- Automobile accidents, including car, truck, and motorcycle accidents
- Accidents involving defective or dangerous products
- Work-related accidents
- Accidents on another party’s property
When a burn injury occurs, it is important to seek medical attention.
Diagnosis and Treatment of Burn Injuries
A first-degree burn is the mildest type of burn and typically does not result in permanent damage to the skin. A second-degree burn damages a portion of the dermis. Second-degree burns can result in blisters, pain, and swelling.
Third-degree burns destroy the first and second layers of skin and can cause damage to the subcutaneous tissue. Skin appears charred and blackened, but it may also appear white. Fourth-degree burns are the most serious degree of burns. These burns penetrate all layers of skin and can cause damage to the underlying bone and muscle.
Treating Burns After an Accident
In many cases, first-degree burns may be treated at home with creams and over-the-counter pain medications. However, a physician should evaluate serious burns. Individuals who sustain severe burns or burns covering a large portion of their body may require treatment at a specialized burn treatment center.
Depending on the severity of the burn, treatments for burns could require surgery, physical therapy, occupational therapy, and other advanced treatment options.
Filing a Claim for a Burn Injury in Sacramento
If you sustain a burn in an accident, you might be entitled to compensation for your injuries and losses. Burn treatment can be expensive and the long-term damage caused by burn injuries can be extensive. Consulting a Sacramento personal injury attorney soon after your accident can be very helpful. An attorney can explain your legal rights and options for filing an injury claim.
Contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website to schedule a free consultation with one of our Sacramento personal injury attorneys.
A study by the Governors Highway Safety Association (GHSA) projects that the number of pedestrian deaths in 2018 will be the highest number of pedestrian fatalities in almost three decades. According to the GHSA, it is estimated that 6,277 pedestrians died in traffic-related accidents during 2018. In 2017, 5,977 pedestrians were killed in traffic accidents. California had the highest number of pedestrian deaths in 2017 (858). California also had the highest number of deaths from pedestrian accidents in the first half of 2018 (432).
In this article, our Sacramento pedestrian accident attorneys discuss several issues related to pedestrian accidents in California.
Highlights From This Article:
- Pedestrian Accident Statistics
- Potential Factors Impacting the Rise in the Number of Pedestrian Deaths
- Why Are Traffic Accidents Deadly for Pedestrians?
- What Should You Do If You Are Injured in a Pedestrian-Vehicle Accident?
Pedestrian Accident Statistics
The number of individuals killed in pedestrian-vehicle accidents in 1990 was 6,482. While the expected number of pedestrian deaths in 2018 is just below that figure, the 2018 figure is higher than any other year since 2009. In 2009, pedestrian fatalities dropped to 4,109, but began increasing again over the next decade.
Other key statistics from the report include:
- California led in the number of pedestrian deaths for several years.
- From 2008 through 2017, pedestrian deaths increased by 35 percent compared to a decrease of six percent in the total of all traffic deaths during that same period.
- Pedestrian deaths increased by four percent from 2017 to 2018.
- California, along with Arizona, Florida, Texas, and Georgia, accounted for 46 percent of the pedestrian deaths in 2017.
- Twenty-five states experienced an increase in pedestrian fatalities from 2017 to 2018.
- Pedestrian deaths increased by 45 percent during the nighttime compared to an 11 percent increase in daytime pedestrian deaths from 2008 through 2017.
- From 2013 to 2017, the number of pedestrians killed in traffic accidents involving SUVs increased by 50 percent, compared to a 30 percent increase in traffic accidents involving passenger vehicles, even though passenger vehicles comprised 42 percent of the total vehicles involved in pedestrian accidents.
- About one-half of the pedestrian-vehicle fatalities in 2017 involved alcohol impairment of the driver or pedestrian.
Potential Factors Impacting the Rise in the Number of Pedestrian Deaths
There could be numerous factors at play that could contribute to the increase in pedestrian deaths. Some of the trends that the GHSA cited as potential causes in the rise of pedestrian fatalities include:
- An increase in the number of people walking. One survey found a four percent increase in the number of people who walk to work between 2007 and 2016.
- The need for safer crossings could contribute to the number of pedestrian accidents since most deaths occur at night on local roads.
- In about one-half of the pedestrian-vehicle accidents, unsafe behaviors were reported, such as distractions, speeding, alcohol impairment, and drowsy driving.
- The number of SUVs on roads may play a factor in the higher number of pedestrian deaths. A USA Today Network/Detroit Free Press investigation concluded that the popularity of SUVs was a leading cause of the increase in pedestrian deaths. SUVs have a higher front end, which can be deadly for pedestrians struck by these vehicles.
- Driver behaviors continue to be factors in pedestrian accidents. Speeding, drunk driving, reckless driving, drowsy driving, and failing to yield the right of way are just a few of the driving behaviors that contribute to the number of pedestrians killed each year.
Regardless of the reason why a pedestrian-vehicle accident occurs, the pedestrian is typically the victim who suffers the most severe injuries in the accident.
Why Are Traffic Accidents Deadly for Pedestrians?
Pedestrians do not have any protection from the impact of a collision with a vehicle. The individual’s body receives the full force of the impact. In some cases, a vehicle may actually run over the pedestrian, thereby crushing the person under the vehicle. In other cases, a pedestrian may be thrown causing the person to hit another object or violently strike the ground. In either case, the person’s body can be severely injured from the impact.
Life-threatening injuries, including internal bleeding and damage to internal organs, can result in immediate death or death within a few days. Other injuries may result in lifelong disabilities that severely limit the person’s ability to work, care for themselves, and care for their families.
Some of the common injuries that pedestrians sustain when they are struck by a vehicle include:
- Spinal cord injuries
- Broken bones and fractures
- Head and neck injuries
- Back injuries
- Head and brain injuries, including traumatic brain injuries (TBIs) and concussions
- Damage to internal organs
- Internal bleeding
- Scarring and disfigurement
- Permanent disabilities and impairments
Pedestrians who are injured in a motor vehicle accident can experience great financial hardship in addition to physical and emotional injuries. By filing an accident claim with the insurance company for the driver, an injured pedestrian may recover compensation for financial losses, physical injuries, and emotional suffering.
However, the steps a person takes immediately after a pedestrian accident can have a significant impact on an insurance claim. One way to protect your legal rights and best interests is to contact a Sacramento pedestrian accident attorney as soon as possible to discuss your claim. An attorney works to obtain a fair and just settlement for your losses and damages.
What Should You Do If You Are Injured in a Pedestrian-Vehicle Accident?
Being injured by a driver while you are crossing the road, jogging, walking to work, or otherwise enjoying walking can turn your world upside down. Below are some steps that our Sacramento pedestrian accident attorneys recommend that you take after a pedestrian-vehicle accident. While you may not be able to take all steps, the steps you can take can improve your chance of recovering full compensation for an accident claim.
Report the accident immediately.
Calling 911 is typically the best way to report the crash and request emergency medical services. In most cases, a pedestrian is severely injured; therefore, someone who witnessed the accident called the police to report the crash. Your attorneys may obtain the 911 records as evidence in your case.
Go to the emergency room for treatment.
In a few cases, a pedestrian may walk away from an accident thinking that he or she is not severely injured. However, the person could have sustained internal injuries or head trauma. It is wise to be checked and examined by a medical professional after being struck by a vehicle. In addition, refusal of transport to the ER is typically noted in the accident report, which could be used by an insurance provider to argue you were not injured in the crash.
Seek medical treatment.
If you do not go to the emergency room, it is wise to follow up with your physician as soon as possible. Seeing a doctor protects your health, but it also documents your injuries for an insurance claim.
Ask eyewitnesses for their names and contact information.
Eyewitness testimony can be extremely helpful for proving fault and liability for a pedestrian accident. If possible, ask witnesses to write their information down for you, text the information to you, or give their information to the police officer.
Take pictures of the accident scene.
This step may be impossible for a pedestrian who has been hit by a vehicle. However, the person may be able to ask a bystander to take a few pictures if the person’s cell phone was not damaged in the crash.
Do not discuss the accident.
Anything you say can be used by the insurance provider later in your case. Therefore, refrain from providing statements, written or recorded, to an insurance adjuster or other party representing the insurance provider or driver. Also, you may want to refrain from posting on social media until you speak with a Sacramento pedestrian accident attorney. A talented trial attorney could twist the meaning of innocent posts to convince jury members that you were not injured or not injured as severely as you claim.
Document damages and your recovery.
As you recover from your injuries, it helps to take photographs of your injuries and keep a journal detailing your pain and suffering. You should also keep detailed records of your financial losses and expenses related to the accident, your injuries, and your recovery. You must have evidence of financial losses to include amounts in a settlement demand.
Contact a Sacramento Pedestrian Accident Attorney
As soon as possible, call our office to schedule a free consultation with a personal injury lawyer in Sacramento. Our legal team helps you document your damages, investigates the crash, gathers evidence, protects you from aggressive insurance adjusters, and fights to get you the money you deserve after being injured by a reckless driver.
Pedestrian Accident Attorneys in Sacramento Fighting for Justice for Accident Victims and Their Families
Contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our websiteto schedule a free consultation with one of our personal injury attorneys.
You deserve to have a legal team working diligently to protect your best interests. The insurance adjuster does not work for you! Instead of trusting an employee working for the insurance company, trust the Tiemann legal team to handle your pedestrian accident claim.
Whiplash injuries are commonly associated with rear-end car crashes. However, you can sustain whiplash and other soft tissue injuries from any type of collision. Unfortunately, these types of car accident injuries are often treated as “minor” or “exaggerated” injuries by insurance companies. Our Sacramento car accident attorneys help whiplash victims recover the compensation they deserve after an injury.
In this article we discuss:
- What Is Whiplash?
- How Can I Tell If I Have Whiplash?
- Why Can Whiplash Claims Be More Difficult To Settle?
- What Can I Do To Help My Attorney With My Whiplash Claim?
- Do’s And Don’ts Of A Whiplash Insurance Claim
What Is Whiplash?
Whiplash is most often associated with a car accident. However, a person may develop whiplash from any blow to the head or jolt to the head that causes the head to “jerk” forward and backward in a “whipping” motion, such as a fall, contact sports, bicycling injuries, abuse, or even amusement park rides. It is called whiplash because of this sudden, violent whipping motion of the neck and head.
When your head suddenly jerks forward and backward, the motion stretches the tendons and muscles in your neck. In some cases, the force of the movement can cause tears in the muscles, tendons, and ligaments in the neck. Some individuals may experience immediate pain; however, it could day hours or days for the stiffness and pain to become uncomfortable or unbearable for someone.
Even though whiplash is considered a relatively mild injury, some cases of whiplash can cause long-term impairment and chronic pain. Some accident victims may develop complications from whiplash. Therefore, it is extremely important that accident victims recognize the symptoms of whiplash and see a doctor for diagnosis and treatment.
How Can I Tell If I Have Whiplash?
The symptoms of whiplash usually develop within a day of the injury, but some individuals with a high tolerance for pain may not realize how severe the injury may be for a few days following the accident. Whiplash symptoms may include:
- Stiffness and pain in the neck and/or shoulders
- Loss of range of motion when you try to turn your head or move your neck
- Pain that increases with neck movement
- Headaches that may begin at the base of the skull
- Fatigue or sleep disturbances
- Dizziness, blurred vision, and/or ringing in the ears
- Numbness or tingling in the arms
- Pain or tenderness in the arms, shoulders, or upper back
- Difficulty with concentration or memory
- Depression or irritability
Whiplash can often be treated with time, rest, non-steroidal anti-inflammatory medications, and ice packs. However, additional treatments may be necessary if the pain, stiffness, or impaired range of motion continues. A doctor can perform a physical examination and other diagnostic tests to determine the extent of the injury. Depending on the severity of the symptoms, a doctor may perform x-rays, magnetic resonance imaging (MRI), or computerized tomography (CT scans) to determine the extent of damage caused by the whiplash.
Other forms of treatment that might be prescribed to treat whiplash include:
- Muscle relaxants
- Prescription medications
- Physical therapy
- Cervical collars
It is important to remember that each case of whiplash is different. The individual’s health conditions and other factors may also impact the severity of the injury. As with any car accident injury, it is usually a wise decision to see a doctor for an examination as soon after the crash as possible to diagnose the full extent of injuries sustained in the accident. Prompt medical treatment can help reduce the risk of long-term complications and permanent impairments after a car accident.
Why Can Whiplash Claims Be More Difficult To Settle?
Injuries to the muscles, ligaments, or tendons anywhere in the body are referred to as soft tissue injuries. These injuries include strains, sprains, and whiplash. Even though soft tissue injuries can cause severe pain and long-term impairments, these injuries are often overlooked and underestimated. Some of the reasons it can be difficult to recover full compensation for a whiplash injury include:
- Whiplash can be difficult to diagnose. Because there no outward signs of trauma, a physician must rely on the symptoms reported by an accident victim. A victim may experience severe pain even though diagnostic tests do not reveal substantial damage. Because the pain and symptoms are subjective, insurance companies often claim that accident victims are exaggerating their symptoms to recover a larger settlement.
- Whiplash symptoms may not be present for several days after the initial trauma. A person may attempt to treat the symptoms at home before seeing a physician. The delay in symptoms and the delay in medical treatment is used by an insurance company to argue that the injury was not sustained in the accident. The adjuster may argue that if the victim had been injured, he or she would have sought medical treatment immediately.
- There is a history of fraud related to whiplash and other soft tissue injuries. Unfortunately, some people make false claims after car accidents. They use whiplash and other soft tissue injuries as a way to recover compensation because they understand that it is difficult to prove or disprove the severity of pain and impaired motion. Because of a few individuals seeking to take advantage of the claims system, insurance companies have become wary of whiplash claims.
Even though a soft tissue injury may not result in outward trauma, that does not mean an individual is not in pain. Chronic whiplash can result in a lifetime of pain and reduced range of motion. Therefore, it is important to treat any neck injury seriously. Seeking medical treatment and consulting with a Sacramento personal injury lawyer can help you protect your right to recover the compensation you deserve for a whiplash injury.
What Can I Do To Help My Attorney With My Whiplash Claim?
Seeing your doctor and calling your attorney are two of the best ways to help your attorney with a whiplash claim. However, because whiplash injuries can vary greatly, it can also be very helpful to keep a daily journal recording your daily struggles after the car crash. Things to note in your journal include:
- Your pain level each day, including the level of stiffness and limited motion. Make sure you give detailed examples and descriptions. For instance, rate your pain level on a scale from 1 to 10 and state how far you can raise your arms or turn your head.
- Keep a detailed list of the tasks you are unable to perform each day because of the injury. For example, you need help getting dressed, you cannot pick up your child without pain, or you cannot perform certain household chores.
- If you miss family or work functions because of the injury, make sure you note these in your journal with the date and reason you could not attend.
- In addition to the pain, make sure you list all related symptoms and the severity of those symptoms.
- If your doctor prescribes a certain treatment, make notes about whether the treatment helped or failed. If the treatment helped, how did it help?
A whiplash injury claim is based on medical evidence; however, your detailed notes can help your attorney demonstrate how your neck injury severely impacted your life.
Do’s And Don’ts Of A Whiplash Insurance Claim
Several do’s and don’ts of a whiplash insurance claim include:
- DO SEE AN ATTORNEY as soon as possible after your accident. An attorney can help you avoid mistakes that could hurt your chance of recovering compensation.
- DO see a doctor as soon as possible and follow your doctor’s instructions.
- DO report your symptoms to your doctor truthfully. Resist the urge to exaggerate, but also resist the urge to understate your symptoms
- DON’T return to work or normal activities until your doctor advises you to do so.
- DON’T provide the insurance company with a written or recorded statement until you meet with a Sacramento personal injury lawyer.
- DON’T sign a medical release form for the insurance company.
- DON’T post on social media accounts without consulting with an injury lawyer. Insurance companies often use this information to claim you were not injured as severely as you claim.
- DO refrain from discussing your injuries with friends or family members, other than immediate family members who are helping with your care.
- DO keep a daily journal recording your pain level and other details about your recovery.
- DO keep receipts and records of all expenses and financial losses.
- DON’T accept a settlement offer without discussing the offer with a Sacramento personal injury attorney. You may be entitled to additional compensation.
Contact a Sacramento Car Accident Attorney About Your Whiplash Injury
If you have been injured in a motor vehicle accident, our attorneys can help you file an insurance claim to hold the person responsible for the crash liable for your damages.
To find out more about accident claims and the compensation you might be entitled to receive, call The Tiemann Law Firm at (916) 999-9000 for your free consultation. We do not charge anything for your first visit, and most injury cases are accepted on a contingency fee basis.
You were injured in a personal injury accident, and you are ready to discuss filing an injury claim against the party or parties responsible for your injuries. We encourage you to contact our office to schedule a free consultation with a Sacramento personal injury attorney if you have not already done so. Below is a checklist that you can use as you prepare for your first meeting with our attorney.
However, we want to be very clear. We care more about you, your recovery, and your story. While it is very helpful to have the information and documentation below, it is not necessary. We want to talk to you about your accident and your current situation. Our focus is on helping you understand your legal rights and your options for obtaining compensation for your injuries and losses.
Therefore, if you have the information or documentation below, please bring it with you to the first appointment, but do not let a lack of anything on the checklist keep you from speaking to an attorney.
Checklist for Meeting with a Personal Injury Attorney
- Copy of police report and accident report
- Copies of insurance policies related to the accident (i.e. homeowner’s insurance, car insurance, disability insurance, medical pay, etc.)
- The name and contact information of each insurance adjuster or other party who you have talked to about the accident or your injuries
- Copies of any medical records and statements from physicians or medical providers
- Copies of any correspondence from attorneys or insurance providers
- Information obtained from the accident scene, such as photographs and names of eyewitnesses
- Medical bills and other evidence of expenses and costs related to the accident, your injuries, and your recovery
- Proof of income and the dates you have missed work because of the accident
- A list of all medical providers who treated you after the accident
It can also be very helpful to make notes about what you remember about the accident. Small details could be very important. Your notes do not need to be full sentences or paragraphs. The information is to help you relate to your personal injury attorney what happened before and after the accident.
You may also want to include a list of questions you want to ask the personal injury attorney. We want to learn about you during the appointment, but we also want you to leave with answers to the questions you have about accident claims.
Get Peace of Mind and Learn About Your Legal Rights by Calling a Sacramento Personal Injury Attorney
Being injured in an accident can turn your life upside down. If you are unsure about what you need to do to protect your rights, contact our office for a free case review. You do not need to handle an insurance claim alone.
For a free consultation with one of our Sacramento accident lawyers, call The Tiemann Law Firm at (916) 999-9000. We are here for you to listen to what happened to you and provide you with the legal advice, guidance, and support you need as you continue to recover from a tragic accident.