Pain & Suffering

Posted on by
Reply

Unfortunately, when someone experiences a personal injury, they usually experience corresponding pain and suffering. Because pain and suffering can be one of the most unpleasant experiences in life, our society believes that when someone negligently causes pain and suffering to someone else, that the injured person should be compensated for having to endure that pain and suffering.

To some people, it may seem improper to try to place a monetary value on pain and suffering, but unfortunately that is the best that our system can do to try to make up for the pain. In other words, if we cannot take away the pain, the best we ca do is pay someone for having to experience it.

Presenting evidence to the jury regarding pain and suffering is inherently difficult. You cannot take an z-ray of pain or hook someone up to a machine that measures pain. Every person experiences pain differently. This, the only way to show the jury how much pain the plaintiff has suffered is to have the plaintiff describe the pain to the jury.

If you are hurt by someone else’s negligence it is important to contact an auto accident lawyer in Folsom Joe Weinberger at the Weinberger Law Firm. Protect your legal rights and call (916) 357-6767 to schedule a free consultation with a auto accident lawyer in Folsom, Joe Weinberger.

If You Are Injured, The Insurance Company Has All the Power

Posted on by
Reply

When you are injured due to someone else’s negligence or recklessness, you are in a position of weakness. You’ve got medical bills to pay. You’ve got to figure out what to do with your job, how to make ends meet, how to take care of your family.

The negligent person doesn’t have those concerns. And the negligent person probably has an insurance company working for him or her to help defend against you.

The insurance company will see thousands of injury claims each year. The insurance company will have “adjusters” whose only job is to save the insurance company money and defeat claims by injured people. These adjusters are very good at what they do. Most experienced adjusters will have handled hundreds of thousands of claims. They will know how to trick the injured person into doing something that hurts his or her case. They will know how to make it seem like they are your best friends or have your best interest at heart.

The adjusters are not your best friend and do not have your best interest at heart. So, if you are hurt by someone else’s negligence it is important to contact a Folsom auto accident attorney Joe Weinberger at the Weinberger Law Firm. Protect your legal rights and call (916) 357-6767 to schedule a free consultation with a Folsom auto accident attorney Joe Weinberger.

Liability Coverage

Posted on by
Reply

Two types of coverage – bodily injury coverage and property damage coverage – are meant to insulate you from economic claims made by other people in the accident. Together, these two types of coverage are called liability protection because the insurance company agrees up to the limits of your individual policy, t assume economic responsibility (liability) for the damage you case to others as a result of the accident. Under liability coverage, the insurance company is only obligated to pay up to the limits specified in your policy. If the damage you cause exceeds your policy limits, the balance comes out of your pocket. Therefore, it is important to consider the amount of coverage you realistically need to protect your assets if you are found legally responsible for the damages caused by an accident.

In fault states, liability coverage is the only legally required automobile insurance. In no-fault states, no-fault coverage is compulsory in addition to liability coverage.

If you were in an accident it is always best to consult with an experienced Folsom auto accident lawyer immediately after the car accident. Call (916) 357-6767 to speak with auto accident lawyer in Folsom Joe Weinberger and receive a free consultation about your car accident case.

Your Insurance Policy

Posted on by
Reply

Most auto insurance policies, whether in a fault or no-fault state, are really a combination of several different types of coverages grouped into a single policy package. Some portions of the policy are designed to pay you, the insured, when you are injured and/or your property is damages by an automobile accident, regardless of fault. Other portions of the policy are meant to protect you legally and economically from the other people involved in the accident. Each state has legal requirements making some types of coverage mandatory and other optional. Each coverage item has it separate price, the sum being the premium you pay each year.

If you were in an accident it is always best to consult with an experienced Folsom auto accident attorney immediately after the car accident. Call (916) 357-6767 to speak with auto accident attorney in Folsom Joe Weinberger and receive a free consultation about your car accident case.

If You Are “Upside Down” on a Car Loan

Posted on by
Reply

There is an issue that often comes up in situations in which a vehicle is totaled. Many people purchase their vehicles with loans; sometimes cars lose their value faster than the loan gets paid off, especially in the first two years of the loan. As a result, sometimes the amount that an insurance company has to pay for a totaled vehicle is less than the remaining balance on the loan.

For example, suppose someone still owes $10,000 on her car, but the value of the car is only $8,000. The insurance company has to pay the value of the car–not the amount left on the loan. This person therefore has a deficit of $2,000 which her bank or lender will probably want to collect immediately.

If you were in an accident it is always best to consult with an experienced Folsom auto accident attorney immediately after the car accident. Call (916) 357-6767 to speak with auto accident attorney in Folsom Joe Weinberger and receive a free consultation about your car accident case.

So, this person may be in an accident in which the other person is completely at fault and yet, despite her innocence, owe more than the insurance settlement and have no easy means of getting out of the debt. One way to avoid this is to purchase gap insurance. Gap insurance is a type of insurance that is often offered in conjunction with an auto loan. If the car is totaled and the remaining balance of the loan is more than the value of the car, the gap insurance will pay the bank the difference – so that, at very least, you break even.

If you make a significant down payment, so that it’s unlikely the loan balance will ever be more than the value of the car, then gap insurance would be a waste of money. But, if you’re financing heavily, you should consider gap insurance. Your lender may insist that you carry the coverage.

If you were in an accident it is always best to consult with an experienced Folsom auto accident attorney immediately after the car accident. Call (916) 357-6767 to speak with auto accident attorney in Folsom Joe Weinberger and receive a free consultation about your car accident case.

Auto Accident – Quick tips

Posted on by
Reply

The insurance company is not your friend.

The insurance adjusters are trained to save the insurance companies money.  They take special classes, attend seminars, and learn how to trick you into hurting your case. The insurance adjusters are also trained to be very nice to you to make you believe that they are your friends. They are not your friend.

It is always best to consult with an experienced Folsom car accident attorney immediately after the car accident. Call (916) 357-6767 to speak with auto accident lawyer in Folsom Joe Weinberger and receive a free consultation about your car accident case.

Even if you think your case is clear cut, the insurance company doesn’t think so.

Some cases are absolutely clear that the other driver was at fault. Cases where there were witnesses that blame the other driver. But the insurance company can still claim that their driver was not responsible for the accident. Or they claim that you are completely responsible or partially responsible for the accident.

It is always best to consult with an experienced Folsom car accident lawyer immediately after the car accident. Call (916) 357-6767 to speak with auto accident lawyer in Folsom Joe Weinberger and receive a free consultation about your car accident case.

Get medical care as soon as you can.

Sometimes, people are involved in a car, truck, or motorcycle accident and don’t immediately have significant pain problems. So they don’t go to the doctor immediately. They wait a few days. Well, after a few days the pain gets severe and the person needs medical treatment and finally goes to see a doctor. The insurance companies use this delay against you, and try to make it seem like you weren’t hurt in the accident.

 

Evidence and memories fade with time.

The longer you wait to make a claim, the more likely it is that the evidence that will support your claim will be gone. Witnesses will forget, the cars will be repaired, and the insurance company will surely have begun trying to twist the claim around to help them and not you.

It is always best to consult with an experienced car accident lawyer in Folsomimmediately after the car accident. Call (916) 357-6767 to speak with auto accident lawyer in Folsom Joe Weinberger and receive a free consultation about your car accident case.

Honesty is the most important part of any case.

You must be honest and tell the truth all the time. Not only because it’s the right thing to do, but if you don’t, you will seriously affect your case. You need to tell the truth to your attorney, to your doctors, and if you give a deposition, in your deposition.

 

It is always best to consult with an experienced car accident attorney in Folsom immediately after the car accident. Call (916) 357-6767 to speak with auto accident lawyer in Folsom Joe Weinberger and receive a free consultation about your car accident case.

The Insurance Companies Want You To Lose Your Case

Posted on by
Reply

Far too often, injured people are mistreated by negligent corporation and by the insurance industry. The insurance companies step in after people are hurt and take advantage of them, giving them bad advice and cheap settlement and basically lying about the value of their cases.

Someone is injured through no fault of his own, or a family member or loved one is killed because of the recklessness of another person. It is clear that the other person is at fault. At first, it seems like the insurance company or negligent individual will not fight case and will pay a quick settlement.

In this case, it is best to consult with an experienced Folsom auto accident attorney immediately after the auto accident. Call (916) 357-6767 to speak with auto accident lawyer in Folsom Joe Weinberger and receive a free consultation about your auto accident case.

The insurance adjuster will ask the injured person to “Sign a few forms” or give a “recorded statement.” The insurance person acts nice and promises that the proper party will accept fault.

Then, after a while, the insurance company keeps asking for a bunch of information, forms, and paper. The adjuster stops calling back. The accident victim cant’ reach anyone or get any information from the company. Sometimes, they will try to make the injured person sign something before receiving medical attention.

It is best to consult with an experienced Folsom auto accident lawyer immediately after the auto accident. Call (916) 357-6767 to speak with auto accident attorney in Folsom Joe Weinberger and receive a free consultation about your auto accident case.

What is Tort Law?

Posted on by
Reply

The law of torts can be boiled down to this: When someone is in the wrong and injures you or damages your property, that person must pay you for the damage done. This is only fair; we expect others to pay for any damages they cause us, just as they expect us to pay if we harm them or their property.

But the mere fact that someone injures you or damages your property does not automatically mean that that person has committed a tort and must pay for your damages. A person must pay for your damages only  if he or she was somehow at fault. Some accidents are truly unavoidable; they happen even though everyone involved was paying attention and no one was at fault. When that happens, each party involved bears the cost of his or her own injuries and damage. A person is responsible for your injuries and damage only if his or her conduct is “tortious”–of such a nature that it is fair to make him or her pay for your damages. The three types of tortious conduct, discussed below, are (1) negligence; (2) intentional misconduct; and (3) strict liability.

Most of the time, the victim of tort is compensated by a sum of money for the injuries and damage he or she suffers. Usually the sum includes damage for any medical expenses, lost wages for any time the person is out of work, “pain and suffering,” and the cost of repairing or replacing any damaged property. Money is admittedly a poor substitute for some things–a lost arm, for instance–but what else is there? In some cases, such as nuisance or trespass, you can go to court to get an injunction ordering the person to stop committing the tort.

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 Sacramento 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 Sacramento personal injury case.

 

What to Do If You Are Hurt by a Product

Posted on by
Reply

The most important thing to do when you are hurt by a product, after getting proper medical attention, is to keep the product or its remnants. For example, if a bottle explodes, keep all of the pieces; if a child gets into a dangerous chemical, keep the container; if you are hurt by a machine that you rented, take pictures of it, write down the name of the manufacturer, the model, and the identification number and keep your receipts from the rental company. When you return the machine, inform the rental company that you were injured by it. The product that hurt you is obviously a critical piece of evidence that may have to be analyzed by experts to determine exactly how the injury happened. But don’t despair if you’ve already disposed of the product or if the product was consumed in the accident. In many cases, it is possible to reconstruct the cause of the injury by analyzing other similar products.

When a defective product injures someone, a lawyer usually should be consulted as soon as possible. Product liability cases can be extremely complex, requiring the skills of an attorney familiar with defective product litigation. The Weinberger Law Firm has extensive experience handling all types of product liability cases. Call (916) 357-6767 today for a free consultation regarding your Sacramento defective product case.

Could Your Symptoms Be Accident Related? (Part2)

Posted on by
Reply

Other symptoms include being being more irritable than usual, gaining or losing weight, having trouble sleeping, finding your self suffering from a lack of interest or a greatly increased interest in sex, or simply not feeling like yourself.

Strange as it seems, all of these symptoms can be direct results of your auto accident, even though they may appear until up to 18 months later. It seems that our bodies are able to compensate for a while. When “mysteriouse” and /or persistent uncomfortable symptoms continue to show up, even months or years later, this book can help you understand possible causes and help you find relief from your symptoms.

Have well-meaning medical professionals suggested that your symptoms are all in your head? Do you fear you may be going crazy? Often when our symptoms become entrenched and our care givers, no matter how well intentioned, are uncertain how to help us, we begin to blame ourselves. Given what happened to you, your trauma symptoms, if you have them, do make sense and often can be significantly reduced when understood and respected. The body is intelligent in its inherent wisdom regarding its own capacity to heal with the proper support. If i could build a billboard for trauma survivors it would say in bold letters, YOU ARE NOT CRAZY! Under that, i might add, YOU CAN HEAL! Your body knows how to heal.

  • Showing you that many of your symptoms are a normal result of trauma’s impact on the nervous system.
  • Offering case histories to illustrate that others have suffered similar symptoms and how they recovered.
  • Providing exercises to be done alone, with a companion, or in conjunction with treatment from health professionals.
  • Helping you learn how to relieve your symptoms in a safe and integrating way.
  • Releasing survival energy trapped in your nervous system by the accident and making it available to you for other interests and activities.
  • Teaching you resiliency-building techniques that will help you overcome past trauma and transform your life.
  • Giving you skills that will greatly improve your way of meeting future challenges or dealing with trauma in the future.

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 Sacramento injury lawyer 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 Sacramento personal injury case.