26
Jun
2019
No Comment
What Happens When the Victim's Damages Exceed a Driver’s Insurance Coverage?
What Happens When the Victim’s Damages Exceed a Driver’s Insurance Coverage?
Posted by Injury Attorney in Accident Attorney , Bicycle Accident , Car Accident , Distracted Driving , Drunk Driving , DUI Accident , Motorcycle Accident , Pedestrian Accident , Personal Injury , Truck Accident

Traffic is something that every motorist in Sacramento County must contend with during their daily commutes. At times, traffic can be overwhelming. Unfortunately, auto accidents are bound to happen with that many people on the road at one time. Sadly, many of the crashes that occur are preventable. A driver who is distracted, speeding, driving recklessly, intoxicated, or drowsy can make mistakes that lead to collisions and significant damages.

If a driver causes an accident, that driver can be held liable for damages and losses that victims sustain because of the crash. Filing an insurance claim with the driver’s insurance provider is the first step in recovering compensation for your claim. If the driver’s insurance provider accepts liability for the claim, you can receive compensation for a variety of damages.

Examples of damages that may be related to a car accident include:

  • Medical bills
  • Property damage
  • Loss of income
  • Travel expenses to doctor’s appointments
  • Personal care
  • Assistance with household services (i.e. lawn maintenance, washing clothing, cleaning, etc.)
  • Medications and medical equipment
  • Scarring and disfigurement
  • Permanent impairment and disability
  • Physical, emotional, and mental pain and suffering

The value of your accident claim includes out-of-pocket financial losses and expenses as well as noneconomic damages or pain & suffering damages. It can be difficult to calculate the value of an accident claim, especially claims that involve traumatic injuries and permanent impairments. In addition to the damages to date, you may also be entitled to future damages for ongoing medical treatment and loss of income.

What Happens When the Value of My Claim Exceeds the Driver’s Liability Coverage?

The insurance company for the other driver is only liable for damages up to the policy limits of the driver’s liability insurance policy. However, that does not mean that the driver is not personally liable for the damages. You could file a personal injury lawsuit against the driver seeking a personal judgment. If you obtain a personal judgment, you can try to collect on the judgment, but if the person does not have assets that can be levied to pay the judgment, you have a worthless piece of paper.

There may be another option. If you have underinsured motorist coverage, you may receive compensation for your car accident claim from your insurance provider.

What is Underinsured Motorist Coverage?

Underinsured motorist coverage protects you if another driver causes an accident and does not have enough insurance or funds to pay your claim in full. Once you settle your claim with the insurance company for the other driver, you can file a claim against your underinsured motorist coverage for any damages that were not paid by the other company. Depending on the policy limits of your underinsured motorist coverage, you could receive full compensation for all damages.

Contact a Sacramento Auto Accident Attorney for Help

There could be other sources of compensation for your accident claim. Our legal team thoroughly investigates every aspect of your accident to identify all parties who might have some liability. We also research all potential sources of compensation to maximize the chance that you receive the highest amount possible for your personal injury claim.

If you need help with an accident claim or you have questions, schedule a free consultation with a Sacramento auto accident attorney by calling The Tiemann Law Firm at (916) 999-9000.

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12
Jun
2019
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Five Types of Car Accident Compensation You Can Ask for In California
Five Types of Car Accident Compensation You Can Ask for In California
Posted by Injury Attorney in Accident Attorney , Bicycle Accident , Bus Accident , Car Accident , construction zone car accident , Distracted Driving , Drunk Driving , DUI Accident , Hit and Run , Motorcycle Accident , Pedestrian Accident , Personal Injury , Truck Accident , Wrongful Death

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.

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05
Jun
2019
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Preventing Hot Car Deaths in Sacramento County
Preventing Hot Car Deaths in Sacramento County
Posted by Injury Attorney in Accident Attorney , Car Accident , Personal Injury , Safety , Wrongful Death

The stories are heartbreaking. A parent or caregiver left a child in a vehicle by accident, or a child was able to get into a car without a parent’s knowledge. The heat in the car quickly rises, which can cause the death of the child. Hot car deaths throughout the United States are a serious matter that needs to be discussed and addressed.

How Many Children Die in Hot Vehicles Each Year?

Approximately 38 children died each year in hot vehicles in the U.S. In 2018, 52 children lost their lives in hot vehicles, the highest number of deaths on record in the past 20 years. It is estimated that 800 children have died since 1998 from being left in or trapped in vehicles.

Over one-half of the children who die from vehicular heatstroke are forgotten by their parents or caregivers. They are left in the vehicle unintentionally. Slightly more than a quarter of the deaths result from a child gaining access to a vehicle.

It does not take long for the temperature inside a parked vehicle to increase to deadly levels. Even vehicles parked in shaded areas with the windows cracked can still become too hot for a child to survive. In just 10 minutes, the temperature in a motor vehicle can increase to 104 degrees when it is 85 degrees outside. In another 10 minutes, the temperature in the vehicle increases to 114 degrees. When the temperatures outside reach 90 degrees, it takes just 10 minutes for the temperature in the vehicle to reach 109 degrees.

What Can You Do to Prevent Vehicular Heatstroke?

If you see a child locked in a vehicle or trapped in a vehicle, call 911 and follow the instructions provided by the emergency operator.

As a driver and caregiver, you can take steps to ensure you do not forget when a child is in your vehicle. Some tips for avoiding hot car fatalities include:

  • Keep a large stuffed animal or doll in your child’s car seat or back seat. When a child is in the rear seat, place the stuffed animal or doll beside you in the front seat as a reminder.
  • Remove your shoe and leave it in the back seat. You can also leave keys, cell phones, wallets, bags, and other items you will need when exiting the vehicle.
  • Make it a habit to open the back doors and check for passengers for locking the vehicle.
  • Always lock your vehicle so children cannot gain access while you. Store your car keys where children cannot locate or get the keys.
  • Use technology to prevent hot car deaths.
  • Set the alarm on your cell phone for the time your child should reach school, daycare, or other activities. The alarm reminds you to double check to ensure that you did not leave your child in the vehicle by accident.

One of the most serious mistakes you can make is to believe that this could never happen to you. All adults need to be aware of the risk of vehicular heatstroke and take steps to reduce the chance a child will die in a hot car.

Contact a Personal Injury Attorney in Sacramento County

If you need help with an injury claim or you have questions about a personal injury case, schedule a free consultation with a Sacramento personal injury attorney by calling The Tiemann Law Firm at (916) 999-9000.

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31
May
2019
No Comment
Is an Independent Medical Exam Used in Personal Injury Cases?
Posted by Injury Attorney in Accident Attorney , Bicycle Accident , Bus Accident , Car Accident , Defective Product , Dog Bite , DUI Accident , Hit and Run , Motorcycle Accident , Nursing Home Abuse , Pedestrian Accident , Personal Injury , Slip and Fall , Slip and Fall Injury , Truck Accident

One of the most important steps to take after any type of personal injury accident is to seek prompt medical attention. Documenting your injuries after an accident is a key element required to prove damages in a personal injury case. Your doctor needs to evaluate your injuries, develop a treatment plan, and keep detailed medical records. The defense will require medical proof before agreeing to accept liability for a claim. However, do not be surprised if the defense also requests an independent medical exam before it makes a final determination of payment, even if it accepts liability for the accident.

Liability vs. Payment of Damages After an Accident

Accepting liability for the cause of an injury is only one half of a personal injury claim. Even though an insurance provider may acknowledge that its insured caused the accident that resulted in your injury, that does not necessarily mean that the insurance provider is willing to pay the amount of compensation you demand to settle the claim.

The insurance provider wants to minimize the amount of money it must pay to settle your claim. Therefore, it may carefully analyze each medical record and other evidence you submit to search for weaknesses and defenses that can lower the value of your personal injury claim. One way to accomplish this goal is to argue that your injuries are not as substantial as you claim. One way to refute the severity of your injuries is to request an independent medical exam.

What is an Independent Medical Exam?

An independent medical examination (IME) is commonly used in workers’ compensation cases, but IMEs may also be requested in other personal injury cases. An IME is conducted by a physician who is alleged to be neutral in the matter to ensure that the physician’s findings are not influenced by any loyalty to either party or the party who is paying the doctor’s fees. In other words, the IME should result in an unbiased medical opinion of the person’s injuries, treatment, medical condition, impairment rating, and prognosis.

The insurance company hopes to receive a report that refutes some of the medical evidence provided by your doctors. If the IME supports a different finding, the insurance company may use the finding to attempt to lower the value of the claim.

If an insurance provider requests an IME, you should contact a Sacramento personal injury attorney immediately. The process for requesting and obtaining an IME must be followed. Furthermore, if an IME is requested, there is a dispute related to your injuries. You need an experienced personal injury lawyer to evaluate your claim and advise you of the steps you should take to protect your legal rights.

Contact a Sacramento Personal Injury Lawyer for a Free Case Review

Our attorneys offer free consultations so that you can get answers to your questions about personal injury claims and personal injury laws in California. You do not need to rely on the information given to you by insurance adjusters or parties representing the person who caused your injury. You can obtain a no-obligation, case review from an experienced personal injury attorney in Sacramento.

Schedule your free case review by calling The Tiemann Law Firm at (916) 999-9000 or by visiting our website.

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29
May
2019
No Comment
What Accidents Result in Burn Injuries?
Posted by Injury Attorney in Accident Attorney , Bus Accident , Car Accident , construction zone car accident , Defective Medical Product , DUI Accident , Medical Malpractice , Motorcycle Accident , Nursing Home Abuse , Personal Injury , Slip and Fall , Truck Accident , Wrongful Death

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

The treatment for a burn injury depends on the type of burn sustained. Most literature divides burns into three categories or degrees, although a few sources also include a fourth degree of burns.

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.

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