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15 Mar 2018

CONTACT A LAWYER AFTER AN AUTO ACCIDENT

sacramento accident attorneys

SACRAMENTO ACCIDENT ATTORNEYS

THE “STATUTE OF LIMITATIONS” (SOL)

Statute of limitations are deadlines for filing a lawsuit and every state has them. The period of time during which you can file a lawsuit varies depending on the type of legal claim. For example, with personal injury cases, you have two years to file from the time of the injury. If the injury was not discovered right away, then it is 1 year from the date the injury was discovered. For a breach of written contract, its four years from the date the contract was broken and two years for an oral contract. Any property damage lawsuits have 3 years from the date the damage occurred.

If you fail to go to court and file a lawsuit against those who have injured you within the 2 year time frame, the court will likely refuse to hear your case at any time in the future and your right to compensation will be lost. There is a time limit of 6 months to file an injury claim against a government entity and claimants must adhere to a strict set of procedural rules. In some personal injury cases, the defendant may make the argument that you’re actually to blame(at least partially) for causing the accident that forms the basis of your claim. IF you do share some level of liability, it can end up affecting the total amount of compensation you’ll end up receiving from other at-fault persons and businesses. In shared fault injury cases, California follows a “pure comparative negligence” rule which basically means the amount of compensation you’re entitled to will be reduced by an amount that is equal to your percentage of fault for the accident.

There is a strict liability for dog attack cases. Unlike most states, California does not adopt the “one bite” rule which gives dow owners exceptions for the first time their dog attacks someone. In California, the owner is “strictly liable” regardless of the times the dog has bitten someone.

Because lawsuits are a long and complicated process, contact Sacramento accident attorneys at The Weinberger Law Firm immediately so you can get started on getting the compensation you deserve.

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ACCIDENT LAWYER SACRAMENTO CALIFORNIA

THE INSURANCE COMPANY IS NOT ON YOUR SIDE

Your interests and those of your insurance company will conflict, especially when an uninsured or underinsured motorist injures you. In this case, you will seek compensation from your own insurance company. In every auto accident, your insurer will pay your medical bills and lost wages. But it is through the insurer’s investigation of the accident that determines total financial payout. It is vital that you contact an auto accident attorney at the Weinberger Law Firm whose only interest is to obtain maximum compensation for you. Many insurance companies give out advice that should be followed at the scene of an accident. These include calling the police; not admitting fault at the scene; exchanging insurance information with the other driver; and obtaining the other driver’s name, address, phone number, license plate number etc.

The final piece of advice is to notify your insurance agent immediately. Although your policy obligates you to notify your insurance company of any accidents, your attorney should personally do so if injuries were involved. Without notifying your lawyer, you may make mistakes that will go against you in the future. Employees at the insurance company are trained to investigate accident cases to defend against fraudulent and exaggerated claims in order to protect their company’s pocket. Sometimes insurance companies misrepresent the amount of their policy limits in order to settle cases for far less than justified by the nature of the injuries. In some cases, insurance adjusters might advise claimants to avoid getting an attorney because the lawyer would supposedly take all of the money. It is important to understand that contacting your lawyer first is always safer and wiser.

If you were injured due to the negligence of another, regardless of the nature of the underlying accident, it is important to contact an experienced injury attorney to discuss your legal options. The Weinberger Law Firm has the resources and expertise to aggressively litigate your case in court, fighting to get you just compensation for your injury. Call (916) 357-6767 today for a free consultation regarding your personal injury case.

sacramento auto accident attorney

SACRAMENTO AUTO ACCIDENT ATTORNEY

THE AUTO ACCIDENT EXPERIENCE LOG

You should begin an “Auto Accident Experience Log” immediately following the auto accident. In this log, you should document everything related to the auto accident. For example, all the information you have collected at the scene should be kept in this log. You should also keep a continuous diary of phone calls, correspondence, and bills relating to your recovery. In addition, you should keep a running diary of your physical and emotional treatment and healing.

There are a number of reasons this log is important. First, an ongoing record is a much more reliable and accurate method of documenting your case than a rough reconstruction months after the auto accident. The better you can document your claims, the more apt you will be to get the settlement you deserve. Not only are tangible medical bill important, an honest ongoing account of your emotional and physical healing process is useful in evaluating your recovery as well.

If a criminal case is involved such as drunk driving, such a log can be useful when asked to write a Victim Impact Statement. Keep in mind that the log may be considered “discoverable: in a criminal or civil case and a copy turned over to the other side.

Recording your ongoing healing process, how you feel and what treatment you have received, will help you communicate with the medical professionals treating you. In addition it will give you some perspective on your own progress. It can be comforting to be able to review your progress from week to week.

The log itself need not be fancy. A three-ring notebook or an expandable accordion file will work best. Any system where you can keep ongoing written journal/log and keep loose bills and letters together is what you need.

If you were injured due to the negligence of another, regardless of the nature of the underlying accident, it is important to contact an experienced injury attorney to discuss your legal options. The Weinberger Law Firm has the resources and expertise to aggressively litigate your case in court, fighting to get you just compensation for your injury. Call (916) 357-6767 today for a free consultation regarding your personal injury case.

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