The Weinberger Law Firm

July 17, 2023 by The Weinberger Law Firm

Understanding California’s Personal Injury Laws for Severe Injuries

Even minor injuries sustained in an accident can result in thousands of dollars in medical bills, but if your injuries were severe or catastrophic, you could be facing financial devastation. The good news is that California law allows you to seek compensation from the at-fault party if you were injured in an accident. Find out more about how this works and what you may be able to get below.

What Counts as a Severe or Catastrophic Injury?

What is considered a severe or catastrophic injury can vary from person to person, and there is no strict definition. However, injuries that rise to this level generally require hospitalization, surgeries, and ongoing medical care. Life-threatening injuries are certainly included in this list. However, some injuries may not seem at first as severe as they are. For example, if you are in a car accident and initially sustain just a broken leg but later on develop fibromyalgia as a result of the trauma, this could impact your ability to work and your quality of life, which could make the injury catastrophic.

How Is Fault Determined?

California is an at-fault state, which simply means that the person at fault for an accident can be sued for damages, including compensation related to medical bills and pain and suffering. However, determining who was at fault can be challenging. Few instances are cut and dried, and it can take months for a determination to be made.

In general, insurance companies are responsible for determining who is at fault in an accident. They will investigate the accident, including talking to both parties and any other witnesses, and review police reports to get a better idea of what happened and what actions — and whose — led to the accident. In complex cases, the insurance company may even do an accident reconstruction to assist in determining who was at fault.

If the other party is found at fault, you can then decide if you wish to pursue a civil lawsuit seeking compensation. It’s important to note that this is an option even if you were also found partially at fault, as long as your fault percentage was less than 50%. However, if you were found to be partially at fault, it could decrease the amount of money you’re able to get.

How Much Money Can I Get?

This is a common question that we get, but it’s not an easy one to answer. It’s normal to want to know what kind of compensation you may be entitled to, but this number is different for every situation. Some of the factors that can affect how much you may get if you win your case are:

The severity of the injuries: Usually, more serious injuries result in higher compensation.
The percentage of fault: The more fault that is attributed to the other party, the more money you may be able to get.
The amount of expenses you’ve incurred as a result of the accident. Compensation is largely based on how much money you’ve lost by paying medical bills or taking time off of work, but you may also be able to get additional money for pain and suffering in some cases.
How much insurance the other party had. Insurance companies sometimes have maximum payouts, which can limit your compensation.
The quality of your legal representation. Having an experienced personal injury attorney representing you can increase the likelihood of winning your case and may help you get more money.

Should I Settle With the Insurance Company?

Insurance companies will often try to settle with you out of court to avoid going to trial. However, these offers are often much lower than what you could get if you countered or took the case to trial. If the insurance company has offered a settlement, it’s important to have your attorney review it to ensure that it’s adequate and in line with the expenses you’ve incurred so far and what you may continue to spend in the future. When you work with The Weinberger Law Firm, we can talk to and negotiate directly with the insurance company on your behalf to attempt to settle, but we’re also ready and willing to take your case to trial, if necessary.

What Is the Statute of Limitations on Personal Injury Cases in California?

The statute of limitations is the timeframe in which a person has to file a lawsuit after an accident. The time period usually begins on the date of the accident. However, there are some situations where this is changed to start when the person is made aware that they were injured. For example, if there is a medical error made during a surgery and you’re not aware until three years later when it starts causing symptoms, the statute of limitations would begin when you were aware of the malpractice.

The statute of limitation for personal injury cases in California is two years. However, this doesn’t mean that you should wait until close to the end of that period to file a claim. In general, it’s best to talk with an attorney as soon as possible after the accident once your immediate injuries have been dealt with. They can advise you of when to file the suit and what to do in the meantime to document your injuries and expenses.

Suffering severe or catastrophic injuries can alter the course of your life, and while money can’t restore your physical function or health, it can alleviate the financial burden and make it easier to adjust to a new normal. If you’ve been injured in an accident, contact The Weinberger Law Firm at 916-661-4464 to find out how our team can help you hold the other party responsible and get the money you deserve.

June 22, 2023 by The Weinberger Law Firm

The 3-Second Rule and How It Can Help Keep You Safe While Driving

There are many rules and laws that apply to driving, and these are all designed to help you — and other drivers on the road — stay safe. The 3-second rule is one of these guidelines that you may have heard before but have been confused on how to tell when it’s applicable. Below, you can find information on what the 3-second rule is, how and when to apply it, and when it may not keep you safe.

What Is the 3-Second Rule?

The 3-second rule is a way to help you know if you are giving the vehicle in front of you enough space. To apply the 3-second rule, choose a stationary object coming up. A utility pole or road sign are good options. Start counting when the car in front of you passes the object. Three full seconds should pass between the car in front of you passing the object and your vehicle passing the object. If you aren’t able to count to three before your car passes it, you are likely following too closely.

So, how does the 3-second rule help you stay safe? Leaving room between your vehicle and the vehicle in front gives you time to react if there is a problem or the other driver starts to brake. It can also ensure that you have time to see any potential hazards ahead, such as a pothole or object on the road.

Consequences of Following Too Closely

Hundreds of accidents happen each year from drivers following too closely in traffic. While an accident at slow speeds may only be a fender bender, driving too closely on the interstates or highways can cause catastrophic wrecks that can cause serious injury or even fatalities.

In most cases, a driver who hits the rear of another person’s car with the front of their car — also known as a rear-end collision — is at fault. This is because ensuring there is an assured clear distance ahead is an important part of driving safely. If you are cited for driving too closely, you could incur points on your license, which could end up resulting in your license being suspended if there are multiple infractions. You could also face rising insurance premiums if you are involved in accidents that are your fault.

When the 3-Second Rule Isn’t Enough

The 3-second rule is a good guideline to follow during normal traffic conditions, and it’s relatively easy to check without causing you to be distracted from the road while driving. However, there are times when leaving 3 seconds of distance between you and the vehicle in front of you isn’t enough.

You may need more than 3 seconds worth of space if there are adverse road conditions. While California is known for its pleasant weather, that doesn’t mean we don’t still have some rainy days. When the road is wet, you’ll need more time to brake in case of a slowdown or emergency, which means you need more distance between the car. It’s also wise to provide more distance — and therefore more reaction time — if there are large vehicles, such as tractor trailers, or lots of bikes or pedestrians around.

Of course, there are also times when you don’t need a full 3 seconds between vehicles. For example, if you are pulling up to a red light, there’s no need to keep the cars spaced out. Driving through parking lots or anywhere else you are operating at a very reduced speed may also require less space.

Who Is at Fault in a Rear-End Collision

You may have heard that the driver of the vehicle with front-end damage in a rear-end collision is always at fault, but that’s not necessarily the case. For example, if the leading car changed lanes too quickly, didn’t check their blind spot, or hit the car in front of them, creating a cascade effect, it can change who is at fault.

While a police officer might cite you for a traffic violation related to the accident, it’s the insurance companies involved who will determine who was at fault. This can be a lengthy process, including getting statements from drivers and possibly even doing reconstructions of the accidents to determine what happened. If you’re not sure if you were at fault or if you may be able to pursue compensation from another driver through a civil court case, talking with a personal injury attorney can help you better understand your options.

Were You Injured as a Result When Someone Was Following Too Closely?

The initial aftermath of a car accident is often taken up with treating and recovering from injuries, and all of this can add up to major expenses. In California, it’s possible to file a lawsuit against the at-fault party to recover monies to help you pay for medical bills and time off of work. You may even be able to get some money to compensate you for pain and suffering.

If you need help with a personal injury lawsuit or you’re struggling to get back to normal after an accident that left you injured, the team at Weldon Law Group, PLLC, can help. And the first step is to call our office at 904-204-3420 to set up an initial appointment with an attorney. At this meeting, the attorney will go over the facts of the case and help you understand whether you are able to file a suit seeking compensation for medical bills and other expenses related to your injuries. We know what a devastating effect a car accident can have on your life, and we’re here to help you move forward and get the compensation you deserve.

June 12, 2023 by The Weinberger Law Firm

What to Expect During a Deposition

If you’ve been involved in an accident and have decided to move forward with a personal injury lawsuit, your attorney may have talked to you about being deposed. The deposition process is an important part of the discovery phase of a trial, but what is said during questioning can have a large impact on your overall case. Find out what a deposition is, what to expect, and how to use it to your advantage.

The Purpose of a Deposition

A deposition is when a witness is questioned by attorneys from both sides prior to trial. You may wonder why a deposition would take place instead of just having the witnesses questioned during the trial, and there are a few reasons. The first is so that the attorneys for both sides can get witness statements firsthand and find out more about the (reported) facts of the case. This allows them to prepare a tailored strategy when it’s time for trial. A deposition also gives the attorney an idea of how the witness is going to answer particular questions. If the witness changes their testimony on the stand, the attorney can refer back to the deposition in court to show that the witness’s testimony isn’t consistent.

A deposition also provides insight into both how the witness is going to do under questioning at the trial and what the opposing counsel’s strategy may be. For example, if an attorney was planning on using a witness for the case, but they were very antagonistic during the deposition and the attorney doesn’t think it would play well in front of a journey, they may decide not to call that witness to the stand. There is also much information to be gleaned in what questions the opposing counsel asks and how they behave during the deposition.

The Deposition Process

Each deposition is slightly different depending on who is being questioned and what kind of case it is, but the general process is the same.

Setting

A deposition can be held in a variety of locations, and some may even be held remotely — something that became more common with the COVID-19 pandemic. In general, the party who is initiating discovery for that witness is allowed to choose the location of the discovery. The legal team for the other party may have the right to object or provide an alternative. Depositions are recorded and can go on for hours, so they are usually held somewhere that is fairly comfortable, such as a conference room, and where recording equipment can be easily used.

Structure

Deposition testimony is given under oath, so the first step is to swear the witness in. After this, the questioning will begin. Usually, the legal team for one side does all of their questioning, and then, the witness is cross-examined by the attorneys for the other party. All answers to the questions must be delivered verbally so they can be on the record. If attorneys for either side have any objections to the questions being asked, they can note that objection on the record, but the witness must still answer. The judge will decide later on whether the testimony is admissible.

Parties in Attendance

Attorneys for both parties are present at the deposition as well as the witness being deposed and someone who can swear in the witness. If the deposition needs to be recorded manually — as opposed to an electronic recording — a stenographer will also be there.

Types of Questions That May Be Asked at a Deposition

Depositions can last for several hours, which means the witness may be answering dozens or even hundreds of questions in that time. Depositions usually begin with some background questions to establish who the witness is and what relationship they have to the parties or the circumstances of the case. The attorney may also ask questions about the witness’s experience with any previous depositions and whether they understand what is required of them during the process.

After these introductory questions, the attorney will focus on questions specific to the case. For example, if the case involves a car accident, questions might include:

Where were you in relation to the accident?
What was the weather like that day?
Can you describe the driving conditions?
What happened after the accident?
Did you seek medical attention?

The attorney will also often ask follow up or clarifying questions, depending on the witness’s answer to the initial question.

When You’re Being Deposed

If you are being deposed, it’s important to follow any and all instructions from your attorney. Your legal team will likely spend some time prepping you before the deposition so you have an idea of what questions the other side’s legal team may ask and how you can respond. In general, it’s important to only answer the exact question asked and to offer no additional information. It’s also a good idea to answer slowly and carefully and to give your attorney a few seconds before answering to put an objection on the record if they wish. The other attorneys will be trying to get you flustered, angry, or otherwise upset so that you can’t think about your answers as carefully, so remember to breathe and try to stay as calm and composed as possible.

The deposition process can be grueling, especially when you are being questioned by the other party’s legal team, but having an experienced attorney by your side can make it easier. If you have questions about a personal injury case, call Weinberger Law Firm at 916-239-7908.

April 10, 2023 by The Weinberger Law Firm

What Are Some Common Types of Personal Injuries?

Sustaining an injury is never a good thing, but when it’s the result of someone else’s willful action or negligence, it can be even more difficult. Personal injury cases give those who have been injured the chance to file a case against the at-fault party in the civil courts to seek compensation for expenses and sometimes even pain and suffering. Keep reading to find out more about some of the most common types of personal injuries and what you may be able to do if you were a victim.

Traumatic Brain Injuries

Traumatic brain injuries are some of the worst injuries that you can sustain, as damage to the brain can affect everything from cognitive abilities to being able to balance while walking. Traumatic brain injuries are often the result of motor vehicle accidents, especially motorcycle accidents where there is much less protection for the brain. TBIs are also commonly associated with falls and workplace accidents.

Spinal Injuries

Spinal injuries can affect any part of the spinal column, which includes the spinal cord itself as well as the vertebrae. Spinal injuries are often caused by direct blows to the spine or extreme twisting, which can happen in car accidents or falls. However, spinal injuries can also be caused by surgical errors if the doctor accidentally nicks the spine while operating.

Broken Bones

Any type of blunt force to the body can result in broken bones. Examples include the impact of a car accident, the crushing power of a dog bite, or the impact of a fall from a high elevation. Because broken bones are so common, they may seem minor, but broken bones — especially those that are a result of crush injuries — can mean multiple surgeries, ongoing physical therapy, and weeks of missed work.

Dog Bites

If you’ve ever bitten the inside of your cheek or tongue, you know how strong the human bite force is. But the average dog bite force is approximately double that of a human’s, and some breeds have even higher bite forces. This means that dog bites can cause catastrophic injuries. The combination of a dog’s jaw strength and tooth shape means they can penetrate the skin and muscle. The tearing that occurs often requires surgical repair, and there is a higher risk of infection.

Burns

Most people associate burn injuries as a result of direct contact with fire, such as when someone is trapped in a burning car. However, there can also be chemical burns if chemicals aren’t properly labeled or diluted. Burns can also occur if a business sends out food or drinks that are too hot for consumption. Burn injuries can be especially challenging to treat and may require skin grafts and long hospital stays.

Surgical Errors

Whether you are going through elective surgery or need a life-saving operation, you expect that surgeons, nurses, and anesthesiologists will perform their jobs accurately to ensure your safety. But sometimes errors occur, and those errors can cause major issues in your recovery — sometimes even necessitating another surgery. Some examples of surgical errors include nicking blood vessels, nerves, or organs, leaving behind tools or sponges, and operating on the wrong site.

Misdiagnoses or Lack of Diagnosis

Doctors have a responsibility to pay attention to their patients’ symptoms so that they can accurately diagnose an issue. If your doctor missed important signs that you had an illness or injury and you suffered as a result, you may be able to seek compensation. The same is true if your doctor misdiagnosed you. You may have received unnecessary treatments that caused undue pain and suffering.

Injuries Due to Workplace Accidents

Work sites can be dangerous places, even if you don’t work in construction or a high-risk job. Common workplace injuries include back injuries, lacerations, head injuries, and injuries from falls. If you were injured on the job, an attorney can help you understand if workers’ compensation should apply and how to start that process.

Injuries From a Slip or Fall

Slip and fall accidents are one of the three most common types of injuries, and while it’s possible to recover from a minor fall without any injuries or ongoing issues, it’s just as possible to be seriously hurt. Slip and fall injuries can include traumatic brain injuries, spinal cord injuries, and broken bones.

Injuries From Defective or Hazardous Products

Companies that manufacture products have a duty to ensure that their products are safe under normal use conditions. However, there are thousands of injuries every year from defective or hazardous products. This can result in cuts, trauma injuries, burns, and electrocutions, among other injuries. If you were injured due to a defective product, this generally falls under the category of product liability in personal injury law. Depending on the circumstances, you may be able to seek compensation from the company, and it may end up having to pull the product from the market so other customers don’t get injured.

The injuries on this list can be debilitating and have a significant effect on your quality of life and your financial security. If you are dealing with pain, medical expenses, and missed work due to injuries that were someone else’s fault, you have options for seeking compensation. Contact the Weinberger Law Firm at 916-304-0961 to speak with an experienced personal injury attorney today.

Can I Get Compensation for a Severe or Catastrophic Injury?