13
Jan
2020
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WHAT IS A PERSONAL INJURY?
What is a Personal Injury?
Posted by Injury Attorney in Accident Attorney , Bicycle Accident , Car Accident , Defective Medical Product , Defective Product , Dog Bite , DUI Accident , Medical Malpractice , Motorcycle Accident , Nursing Home Abuse , Pedestrian Accident , Personal Injury , Truck Accident , Wrongful Death

Personal injury is used to define a group of legal cases involving injuries to an individual. In most cases, personal injury claims are based on negligence. However, other wrongdoing and errors can give rise to an injury claim. For example, carelessness that results in an injury to another person can result in a claim.

If you are injured, our Sacramento injury lawyers can help you pursue a claim for damages. Even though compensation does not undo the damage or ease your suffering, it can help reimburse you for your financial losses and provide some measure of justice.

What Types of Accidents Result in a Personal Injury Claim?

When a person is injured because of the negligence, errors, or wrongdoing of another party, the injured person may have a valid injury claim. Our injury lawyers handle a variety of claims involving personal injuries, including:

  • Car Accidents
  • DUI Accidents
  • Truck Accidents
  • Pedestrian Accidents
  • Motorcycle Crashes
  • Bicycle Accidents
  • Dog Bites and Animal Attacks
  • Product Liability (defective products)
  • Elder Abuse and Neglect, including nursing home abuse
  • Premises Liability (slip and fall claims)
  • Wrongful Death Claims

In some cases, the above incidents may lead to criminal charges against the at-fault party, as in the case of a DUI accident claim. However, the criminal case is separate from a civil case. Regardless of whether criminal charges are filed, you should consult an injury lawyer about your rights in a civil action. The criminal justice system represents the interest of the public, not individual injury claims.

What Types of Compensation Are Available in a Personal Injury Claim?

The amount of compensation you can receive after an injury depends on numerous factors. However, most injury claims include both economic damages and non-economic damages.

Economic damages are the financial losses associated with the accident and your injury.

Examples of economic damages include, but are not limited to:
  • Property damages
  • Medical expenses
  • Personal care costs
  • Travel expenses
  • Lost wages
  • Medical equipment

Noneconomic damages include the pain and suffering caused by the experience and your injuries.

Examples of pain and suffering damages include, but are not limited to:
  • Physical pain and discomfort
  • Emotional and mental distress, including PTSD, anxiety, and depression
  • Scarring and disfigurement
  • Permanent impairments and disabilities
  • Loss of quality of life and enjoyment of life

It is difficult to place a price on a person’s suffering. However, an experienced Sacramento personal injury lawyer understands how to use the evidence in the case to maximize the value for pain and suffering damages.

The third type of compensation might be available in some personal injury cases. Punitive damages are a special type of compensation paid in some cases. Punitive damages are intended to “punish” a party for gross negligence and reckless disregard for the safety of others. For example, punitive damages might be available in a DUI case. However, punitive damages are rare and only applicable in specific cases.

Do You Need a Sacramento Personal Injury Lawyer?

If you have been injured, you might be entitled to compensation for your financial losses, pain, and suffering. However, you must prove that another party was responsible for causing your injury and provide evidence to prove the value of your injury claim. Insurance companies are not interested in paying the true value of a claim. Insurance adjusters work hard to reduce the value of a claim if they cannot deny the claim outright. An attorney can help you protect your right to a fair and just settlement for your personal injury claim.

Call The Tiemann Law Firm at (916) 999-9000 to schedule a free legal consultation with an experienced Sacramento injury attorney.

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13
Jan
2020
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An attorney can help you protect your child’s legal right to fair compensation for injuries caused by another party’s negligence and wrongdoing.
Child Injuries — Do You Know What to Do If Your Child is Injured?
Posted by Injury Attorney in Accident Attorney , Bicycle Accident , Car Accident , Defective Product , Dog Bite , Hit and Run , Medical Malpractice , Motorcycle Accident , Personal Injury , Slip and Fall , Slip and Fall Injury , Truck Accident , Wrongful Death

A car accident, fall, medical malpractice, dog bite, or defective product can cause your child to be seriously injured. In some cases, child injuries can result in permanent disabilities that significantly impact a child’s future and quality of life. If your child is injured, medical treatment is the first priority. However, you should also discuss your case with a Sacramento child injury attorney. An attorney can help you protect your child’s legal right to fair compensation for injuries caused by another party’s negligence and wrongdoing.

Steps to Take If Your Child is Injured

Medical Treatment

Child injuries need to be treated seriously, regardless of the severity of the injury. Complications and infections from a minor injury could result in lifelong health conditions. Therefore, seeing a doctor is the top priority. Make sure that the doctor understands that the injury is related to an accident or other wrongdoing. Your doctor notates in the medical record the cause of the injury, which can help when you are ready to file a personal injury claim for child injuries.

Reporting the Injury

You also need to report the injury as soon as possible to the applicable parties. In the event of a car crash, call 911 to request police and emergency services. Dog bites should be reported to the dog’s owner and local animal control authorities. Other injuries may need to be reported and a claim filed with government agencies, property owners, or government agencies. A Sacramento child injury lawyer can help you determine what parties need to be notified of the injury.

Follow Up and Legal Advice

Do not allow your child to make statements regarding the accident or injury to insurance adjusters or parties representing the at-fault party. You should also avoid discussing the incident with an insurance provider until you have met with a California personal injury attorney. Written or recorded statements can work against you.

Make sure that you follow up with your child’s doctor and follow the treatment plan. Insurance companies use delays in medical treatment or failure to treat injuries as a reason to deny valid claims for child injuries.

When your child is stable, contact our Sacramento child injury lawyers to discuss the next steps you need to take. Hiring an attorney to handle your child’s claim allows you to focus your full attention on your child’s health and wellbeing.

How Can a Sacramento Child Injury Lawyer Help My Child?

An attorney can help you in numerous ways, including but not limited to:
  • Assisting you in obtaining medical care or referrals, if needed.
  • Investigate the injury and accident to gather evidence proving fault and liability.
  • Identify all parties who may have potential liability for your child’s injury.
  • Work with your child’s physicians to gather evidence proving the severity of the injuries and your child’s prognosis.
  • File an insurance claim with each insurance company that might have potential liability for a claim.
  • Work with various experts, including medical experts, accident reconstructionists, economists, and others to build the strongest case possible for full compensation.
  • Calculate the value of your child’s injury claim based on financial losses, physical pain, emotional suffering, and future damages.
  • Negotiate with insurance companies and other parties for settlement of the claim.
  • File a personal injury lawsuit, if necessary, to protect your child’s best interests.

Our personal injury lawyers in Sacramento work diligently to hold parties responsible for child injuries liable for their errors, negligence, and wrongdoing.

Contact Our Sacramento Child Injury Lawyers for a Free Case Review

If your child has been injured, we want to help. Contact The Tiemann Law Firm by calling (916) 999-9000 to schedule a free legal consultation with one of our child injury attorneys in Sacramento.

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06
Jan
2020
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Three Reasons You Need a Sacramento Personal Injury Attorney in 2020
Three Reasons You Need a Sacramento Personal Injury Attorney in 2020
Posted by Injury Attorney in Accident Attorney , Bicycle Accident , Car Accident , Defective Medical Product , Defective Product , Dog Bite , DUI Accident , Hit and Run , Medical Malpractice , Motorcycle Accident , Nursing Home Abuse , Pedestrian Accident , Personal Injury , Slip and Fall , Slip and Fall Injury , Truck Accident

How do you know if you need a personal injury attorney? Have you been injured through no fault of your own? That is a good indication that you should consult a Sacramento personal injury attorney.

Even if you decide not to hire the attorney, it can be in your best interest to talk with an attorney to learn about your legal rights and your options. The insurance company for the at-fault party is not going to explain your legal rights. Your interest and the insurance company’s interest are opposing. You need someone in your corner who has your best interest at heart.

If you are still unsure, here are three very good reasons why you need to talk to a Sacramento personal injury attorney as soon as possible.

1.  You sustained permanent impairments as a result of the accident.

If you sustained permanent impairments or disabilities because of an accident or injury, you need to discuss your case with an attorney before you accept a settlement. In addition to compensation for your damages and financial losses to date, you may also be entitled to substantial compensation for future damages.

The cost of care for a disability and the loss of income from a disability can total millions of dollars over your lifetime. In many cases, economic experts and medical experts are required to correctly estimate the total value of a claim involving a permanent impairment. An attorney can help you with that.

2.  The insurance company has been unresponsive.

Your time to file a personal injury lawsuit is restricted by law. If the insurance company is wasting time or being unresponsive, it may be waiting for the statute of limitations to expire in your case. Once the statute of limitations expires, you lose your right to pursue a legal action against the party who caused your injury.

Do not trust the insurance company to tell you when the statute of limitations expires in your case. Talk to an experienced personal injury lawyer who can calculate the exact date of the deadline. In some cases, certain factors could shorten or lengthen the statutory deadline for filing a personal injury lawsuit.

3.  The insurance adjuster is pressuring you to accept a quick settlement.

If the insurance company realizes that you have a strong claim against its insured or your claim may be worth a substantial amount, it might attempt to limit is liability by offering a small amount to settle your claim soon after your claim is filed.

Also, beware if the insurance company pushes you to settle your claim before you complete medical treatment. Once you settle your claim, you cannot receive additional compensation, even if you discover that your injuries are more severe or you discover new injuries. It is vital that you complete treatment and receive a detailed prognosis from your doctor before you settle your personal injury claim. However, if your medical treatment may take a long time to complete, you could have a problem with the statute of limitations. An attorney knows how to handle this situation too.

Contact a Sacramento Personal Injury Attorney for a Free Case Review

Don’t let an insurance company convince you that you do not need an attorney. Exercise your legal right to consult a lawyer to get the information you need to protect yourself and your family after an accident or injury.

Call (916) 999-9000 to schedule a free consultation with one of our personal injury lawyers in Sacramento.

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06
Jan
2020
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Car Insurance Checkup — What Types of Car Insurance Do You Need in California?
Car Insurance Checkup — What Types of Car Insurance Do You Need in California?
Posted by Injury Attorney in Accident Attorney , Car Accident , DUI Accident , Hit and Run , Motorcycle Accident , Pedestrian Accident , Personal Injury , Truck Accident

January is an excellent time to review your car insurance coverage. Many people carry minimum car insurance coverage in California. However, what you consider “full” coverage may not protect you fully if you are in a car accident with an uninsured or underinsured driver.

Keep reading to learn more about car insurance requirements and what you may want to consider from an experienced Sacramento car accident attorney.

What Are The Minimum Car Insurance Requirements in California?

Drivers in California are required by law to provide proof of financial responsibility to operate a motor vehicle. Most drivers choose to purchase minimum vehicle liability insurance to satisfy this requirement.

Currently, the minimum vehicle liability insurance required in California to satisfy financial responsibility requirements is:

  • $15,000 in liability insurance for injury or death to one person
  • $30,000 in liability insurance for injury or death to multiple persons in one accident
  • $5,000 in property damage liability insurance

Drivers can purchase higher coverage amounts if they desire. Insurance companies must also include minimum amounts of uninsured motorist coverage with policies; however, drivers can waive uninsured motorist coverage.

Why You Need Uninsured Motorist Coverage?

California is an at-fault state. The driver who causes the car accident is responsible for compensating victims for their injuries and damages. Liability car insurance is the method used to compensate accident victims in most cases. However, not all drivers obey the law.

If an uninsured driver injures you, your recourse is to sue the driver. However, if the driver does not have car insurance, the driver probably does not have money or property to pay a personal injury judgment. Therefore, you are responsible for your financial losses and damages, even though you did not cause the car accident.

Uninsured motorist coverage can help.

How Does Uninsured Motorist Coverage Help Me?

If an uninsured driver causes your motor vehicle accident, you can file an insurance claim against your car insurance coverage. Your insurance company stands in the place of the uninsured driver. Once you prove that the other driver caused the accident, your insurance provider should compensate you for your injuries, losses, and damages up to the policy limits of your UM policy. Keep in mind that you must prove that the other driver caused the crash, and you must substantiate your claim of damages with evidence to recover compensation for an uninsured motorist insurance claim.

Do I Need a Sacramento Car Accident Attorney to File an Uninsured Motorist Claim?

You are not required to hire an attorney to help you with your UM claim. However, an attorney can be very helpful. Remember, you are filing an insurance claim. You might be dealing with your insurance provider, but it is still an insurance provider. It will seek to pay as little to settle your claim as possible.

A personal injury lawyer can help you by investigating the crash, gathering evidence proving fault, documenting your damages, calculating the value of your claim, and negotiating with the insurance company or a fair settlement amount.

Contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website to schedule a free consultation with one of our car accident lawyers in Sacramento.

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26
Dec
2019
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How Is Liability Established in a DUI Accident Case in California?
How Is Liability Established in a DUI Accident Case in California?
Posted by Injury Attorney in Accident Attorney , Bicycle Accident , Car Accident , Drunk Driving , DUI Accident , Hit and Run , Motorcycle Accident , Pedestrian Accident , Personal Injury , Truck Accident , Wrongful Death

If you are injured in a California DUI accident, you may wonder how you prove that the drunk driver is liable for your injuries and damages. Proving liability in a DUI accident may not be as easy as you assume. Even if the driver is convicted of a drunk driving charge, you must prove that the driver caused the car crash that resulted in your injuries. Proof of intoxication is not the same as proof of liability for a car accident. Our Sacramento DUI accident attorneys understand the legal elements of liability and how to investigate a DUI crash to obtain evidence of fault and liability.

Proving Fault and Liability in a DUI Accident

When we investigate a DUI accident, we want to determine how the crash occurred and who was responsible for the factors that led to the cause of the crash. For instance, if a car crash is caused by a driver turning left in front of another driver, we must determine which driver had the right of way to determine liability for the collision. In a drunk driving accident, the process is the same.

The basic elements of a negligence case typically apply in a drunk driving accident. Those elements are:
  • Duty — All drivers owe a duty of care to others to operate their motor vehicles safely.
  • Breach of Duty — A driver who operates a motor vehicle while intoxicated is typically assumed to have breached the duty of care. However, we must also prove that the driver failed to operate the motor vehicle safely. In other words, what did the driver specifically do to cause the crash? While being drunk increases the risk of a collision, a drunk driver could potentially be the victim of a car crash.
  • Causation — The crash must have resulted in your injuries.  If you were not injured, you do not have a claim.
  • Damages — You must have sustained damages as a result of the car accident. You can only recover compensation for damages incurred because of the DUI accident.

Our legal team conducts a thorough investigation, which may include retaining experts to assist us in proving that the drunk driver was responsible for causing the crash that resulted in your injuries.

Damages in a DUI Accident Case

DUI accidents can result in traumatic injuries and life-threatening conditions. Many victims sustained significant financial losses, in addition to their physical, emotional, and mental pain and suffering. Medical expenses and loss of income from a drunk driving accident claim can total hundreds of thousands of dollars, especially in cases involving permanent impairments and disabilities.

Our legal team works with you and your doctors to document your injuries, expenses, and losses. If you sustained a permanent disability, we might also work with medical experts and financial experts to calculate your future damages accurately.

Contact a Sacramento DUI Accident Attorney for Help

If a drunk driver injures you, you need an experienced legal team on your side to fight for full compensation for all damages.

Contact The Tiemann Law Firm at (916) 999-9000 or by visiting our website to schedule a free consultation with a Sacramento drunk driving accident lawyer.

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