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.
You may sustain a variety of injuries from an auto accident in Sacramento. Some common auto accident injuries include broken bones, spinal cord injuries, whiplash, fractures, back injuries, and head injuries. Second Impact Syndrome or SIS is a serious injury that may develop after an auto accident. In many cases, SIS is life-threatening. Victims who survive SIS typically have severe impairments.
What is Second Impact Syndrome?
SIS occurs when an individual suffers two concussions in a row with the second concussion occurring before the brain has completely healed from the first concussion. For instance, your daughter falls during a gymnastics competition and suffers a concussion. The following week, a speeding driver hits your car, causing your daughter to suffer severe whiplash. With the whiplash, she suffers a closed head injury that results in a concussion.
The second concussion may result in SIS, which should always be treated as a medical emergency. A person with SIS may or may not lose consciousness at the time of the second concussion. However, they often look confused or stunned and typically collapse within minutes. The person’s condition quickly worsens ultimately resulting in respiratory failure. Within minutes, a person could die from SIS.
Taking Precautions After a Concussion
SIS is rare, but it can take your life or the life of a loved one. Therefore, you need to be very cautious after a head injury. If you or your loved one suffers a concussion in a car accident, following the doctor’s orders is very important. Patients should not return to work, play sports, or engage in other activities until the concussion has healed completely. Any activity that could result in a second head injury could be deadly.
If you notice signs that might indicate a head injury, such as headaches, disorientation, fatigue, vomiting, nausea, or a general feeling of being “run-down” or “in a fog,” you should seek emergency medical treatment immediately. You could be suffering from SIS. The second impact does not need to be severe to cause SIS. A light impact can cause a concussion that leads to Secondary Impact Syndrome.
Seeking Medical Care for Brain Injuries After a Traffic Accident
Head injuries range from minor to severe. It is important to keep in mind that even a minor head injury or concussion is a serious health concern. Accident victims need to review the signs and symptoms of a brain injury so that they can seek medical care if they begin experiencing any of the symptoms of brain injury.
Common symptoms of a brain injury include:
- Losing consciousness
- Slurred speech
- Blurred vision
- Changes in personality
Filing an Accident Claim for a Brain Injury
If you sustain a brain injury in a traffic accident, you might be entitled to substantial compensation from the person who caused the crash. The Sacramento accident attorneys of The Tiemann Law Firm can help you file an insurance claim seeking full compensation for your injuries, losses, and damages.
Call our office at (916) 999-9000 for a free consultation.
A common myth associated with accident cases in California is the existence of a personal injury settlement calculator. The calculator is used to determine the value of your claim. Some websites offer “free settlement calculators” for accident victims who want to know the value of the case. The myth may be common because many people believe there is a formula for calculating damages in a personal injury case. However, there is not a set formula for calculating the value of a claim.
Using a Personal Injury Settlement Calculator
Some websites try to lure you into hiring a firm by offering you use of their free calculator. You insert the total of your medical bills, lost wages, and other financial losses to calculate the value of your claim. Some websites go even further and tell you that by multiplying your financial losses by a certain number, you can calculate the value of your pain and suffering damages. However, these so-called “calculators” do not consider all factors used in valuing a personal injury claim.
There is not a magic number or formula prescribed by law that attorneys, insurance companies, or the courts use to calculate the value of a personal injury claim. In other words, there is no such thing as a personal injury settlement calculator.
Factors Used to Calculate the Value of a Personal Injury Claim?
Each case is unique. Therefore, the factors used to calculate the value of your claim may be slightly different from the factors used in another case. However, some of the common factors that impact the value of a personal injury claim include:
- The type and severity of your injuries;
- The total financial losses associated with the accident, your injuries, and your recovery;
- The location of your accident;
- The available insurance coverage;
- The length of your recovery; and,
- Whether or not you suffered permanent impairment or disabilities.
Liability is an Important Factor
To recover compensation for a personal injury claim, you must prove that the other party was responsible for causing the accident that resulted in your injury. However, if you are partially responsible, you may not receive full compensation for your injuries.
California uses a pure comparative negligence standard for personal injury claims. If you have any fault for causing the accident that resulted in your injuries, your compensation is reduced by the percentage of fault assigned to you for the accident.
For example, if you were speeding at the time of a crash and the jury finds you were 30 percent at fault for causing the accident, your compensation is reduced by 30 percent. If your total damages equal $100,000, the most you can receive for your claim is $70,000.
Contact a Sacramento Personal Injury Attorney for a Free Case Review
Calculating the value of a personal injury claim is a complex process. Don’t fall for a firm or website that offers a personal injury settlement calculator. Our legal team works closely with you throughout your case to ensure that we account for each expense and damage that we can include in the value of your claim. We use a variety of strategies to maximize the compensation you may receive for your claim.
Call The Tiemann Law Firm at (916) 999-9000 to schedule your free legal consultation.
When you think about a slip and fall accident, you may not immediately think about a child as the victim. However, children can be injured in falls just as adults. Slip and fall accidents can cause spinal cord injuries and traumatic brain injuries, which can cause long-term impairments for children.
If your child is injured in a fall, you should not assume that your child is at fault. In some cases, the environment could be the reason for the fall. Whether your child falls on the playground at school, in a store, or at a resort, you should seek medical attention for your child as soon as possible. In some cases, your child may not know how to express the symptoms he or she is experiencing. A trained doctor can often determine if an injury has occurred even if a child is not complaining of specific symptoms.
Four Consequences of a Slip and Fall Accident for a Child
A child may not have lost wages and some of the other damages incurred by an adult who is injured in a slip and fall accident. However, children can suffer a variety of damages related to the fall and the injury:
High Medical Bills
Depending on the severity of the injury, you could incur high medical bills to treat your child’s injury. In addition, your child may require ongoing or future medical care to treat the injury. In some cases, as a child grows, he or she may require additional surgeries or physical therapy because of the injury.
A fall can result in an injury that causes permanent impairments. These impairments could impact your child’s future employment opportunities. Your child may be entitled to compensation for this loss in a personal injury claim.
A slip and fall accident can interfere with your child’s education. If your child must be out of school for a long period because of the injury, catching up can be difficult. Your child may require a tutor or other assistance to catch up to protect your child’s educational future.
Loss of Activities
Your child may miss a lot of activities because of the injury. If your child plays sports, will your child be able to return to that sport? Is your child missing recitals or lessons because of the injury? A slip and fall injury can prevent your child from participating in normal activities, which can have a significant negative impact on his or her quality of life.
Filing a Slip and Fall Personal Injury Claim for a Child
Our Sacramento slip and fall attorneys represent children and their parents as they seek compensation for injuries sustained in a fall. It is important to seek competent legal counsel to protect your child’s right to receive full compensation for all injuries and damages.
The severity of the injuries sustained in an accident typically determines whether a person misses time from work. Some accident victims may miss a few days or no time from work after an accident. However, other accident victims may be out of work for weeks or months after a crash, especially if they require surgery to treat their injuries.
If an accident victim does not cause the collision, he or she is entitled to compensation for their injuries, losses, and damages. Lost wages is common damage included in accident claims. However, accident victims do not receive immediate reimbursement for financial losses, including loss of income.
When Does the Insurance Company Reimburse Me for Lost Wages?
Unfortunately, you will not receive compensation for your lost wages until your claim is settled. An accident claim should not be settled until you complete medical treatment for your injuries. Settling the claim before your doctor releases you could result in a much lower settlement amount.
It is impossible to know the exact total of your out-of-pocket losses until you are released to go back to work or your doctor tells you that you have a permanent disability that prevents you from working. If you are unable to return to work because of an impairment, your damages will be much higher. When you settle your claim without this information, you could lose hundreds of thousands of dollars in compensation.
Therefore, even though you may need the money, it is not in your best interest to settle your accident claim too soon. However, you also need to be aware of the deadline to file lawsuits in California. If you have not settled your claim before the deadline expires and you do not file a lawsuit, you can lose your right to recover compensation for your claim.
Calculating Loss of Income After an Accident
Calculating the loss of income sustained because of an accident and injury can be complex. An accident victim could have several types of lost income to include in the claim. Examples of damages in this category include:
Past Lost Wages
Past lost wages equals the total of all lost income from the date of the accident through the date of settlement. When calculating past lost wages, you can include bonuses, overtime, commissions, and other forms of income that you would have earned had it not been for the accident.
Future Lost Wages
If you are unable to work because of a permanent disability caused by the accident, you can also receive compensation for future lost wages. Future lost wages are more difficult to calculate. In many cases, we consult a financial expert to calculate future lost wages based on several factors such as your age, occupation, anticipated age of retirement, and life expectancy.
Loss of Earning Capacity
A loss of earning capacity may result when you suffer a disability that impairs your ability to earn the same income as you did before the accident. We also may consult a financial expert to calculate the loss of earning capacity.
Contact a Sacramento Accident Attorney for More Information
In some cases, loss of income may equal a substantial portion of an accident claim. You need to ensure that you calculate the value of your lost income correctly to maximize the amount of compensation you receive for your accident claim.