No two injury claims are alike - every injury in every accident is unique as our bodies are so different and respond to injuries and strong mechanical impacts in very different ways. In all cases, however, various factors should be considered as you or your injury lawyer approaches a settlement evaluation.
Here are some of the factors that you or an experienced injury lawyer who is handling your case should consider when determining what is the fair value of settlement for your injury case:
(1) How traumatic and "scary" was the incident in which you were involved. Did your airbag deploy? Were you riding a motorcycle and were broadsided on a freeway, being lucky to survive? Did you vehicle catch fire? Was it a roll over incident? A head-on collision, or any other event that make you and would make any reasonable person scared to drive, anxious and unable to focus and sleep for weeks or even months post incident.
(2) How soon did you seek medical treatment - ambulance, emergency room and consistent, continues treatment shortly thereafter indicate serious injury that the victim of the accident had to treat in order to alleviate the pain. On the other hand, if you wait for months to see a doctor, it would be hard to convince the insurance company (or the jury) that you were seriously hurt in an accident. Although some symptoms take time to develop, it would be hardly believable that you didn't experience any pain for months and then, all of a sudden, you started suffering from pain that was caused by an event many months ago.
(3) Prior injuries - were you injured in the past 10 years or so. Was the injury to the same part/parts of your body as the subsequent accident giving rise to your present claim. If so, the insurance company will logically try to argue that some or many of your symptoms are residual effects of your prior injuries and are not related to the recent accident. An experienced injury lawyer, who faces this causation obstacle, will refer you to a doctor or an orthopaedic specialist who will examine you and will draft and apportionment report, suggesting what percentage of your symptoms is related to the recent accident as opposed to the injuries that you sustained prior to that accident.
(4) Lost wages - were you employed at the time of the accident? Did you miss time from work? Did you miss out on bonuses and promotional opportunities? If so, these losses should also be included in your claim for damages.
(5) Educational/Academic Damages - were you enrolled in school and weren't able to complete a class or pass a whole semester as a result of your injury? If so, this should also be included as a component of your damages.
(6) Were you forced to miss an important social event such as a wedding, anniversary of close relatives, sports competition in which you were supposed to participate? If so, you should include these missed opportunities in your statement of damages as well.
(7) Were you physically active or a professional or para-professional athlete prior to being involved in the accident, and now are unable to exercise or play sports at all or as regularly as you used to? This should also be included in your pain and suffering damages.
(8) Will you require future treatment? How much would it cost? Are you likely to fully recover eventually or will your symptoms last indefinitely according to the doctors' opinion?
The above are some of the fundamental questions that you or your injury lawyer should consider when determining the settlement value of your case.
An arbitration aware that has not been confirmed or vacated by court has the same force and effect as a written contract between the parties. The parties have 10 days after service of an award to apply to the arbitrator to correct an evident miscalculation, misidentification, or formal imperfection in the award. The arbitrator has 30 days from the date of service of the award to correct the award or to deny the application, or the application will be deemed denied. Code Civ. Proc. sections 1284 and 186.6.
A party may petition the court to confirm, correct or vacate the award. the court may correct an arbitration award in an uninsured motorist case if (1) there is an evident miscalculation of figures or a mistake in the description of a relevant person, property, or thing; (2) the arbitration exceeded his power and the award may be corrected without affecting the merits of the case; or (3) the award is imperfect in a matter of form that does not affect the merits.
The only grounds for vacating an award are listed in Code Civ. Proc. section 1286.2. A court must vacate an award if it determines any of the following: (1) the uninsured motorist arbitration award was procured by corruption, fraud or other undue means; (2) ther was corruption in any of the arbitrators; (3) the rights of the party were substantially prejudiced by misconduct of a neutral arbitrator; (4) the arbitrator exceeded his powers and the award cannot be corrected without affecting the merits of the arbitration decision; (5) the rights of the party were substantially prejudiced by the refusal of the arbitrators to postpone hearing on sufficient cause being shown, or by refusal of the arbitrator to hear evidence crucial to the case, or by an arbitrating acting contrary to the statutory arbitration rules; or (6) an arbitrator making the uninsured motorist arbitration award was subjected to disqualification on the grounds specified in Code Civ. Proc. section 1281.9, but failed to timely demand to disqualify himself as required by law.
It is important to note that the mere fact that an arbitrator reached an erroneous conclusion based on an error in law that does not appear on the face of the recordwill not invalidate the award. However, when the error appears on the facte of the award and causes substantial injustice, the award may be vacated. Campbell v. Farmers Ins. Exchange (1968, 4th Dist.) 260 Cal.App.2d 105.
The general rule is that a carrier (an airline) owes its passengers the highest degree of care. Acosta v. Southern Cal. Rapid Transit Dist., 2 Cal.3d 19, 27. But this rule applies while the passengers are in transit, and until they have safely departed from the carrier's vehicle. The care required of the carrier for the protection of a passenger on its premises involves reasonable care to provide and maintain safe and adequate stations, platforms, walks, steps, and landings for use in waiting for, approaching, and leaving trains or other means of conveyance in which the transportation is to be, or has been furnished. Robson v. Union Pacific R.R. Co., 70 Cal.App.2d 759, 761.
The qualification to the general rules has to be stressed. The duty to exercise the highest degree of care toward passengers ends when the passenger is discharged into a relatively safe place, not merely that he alights safely from the carrier's vehicle, if he is discharged into a dangerous area.
The rule of highest degree care will also apply when the passenger enters and until he leaves the locality. Such an area is ordinarily attended and closely observed by the airline's personnel; it may be reasonably assumed that they have notice of, and are enabled to correct or warn the passenger of, any dangerous condition at that part of the landing field.
I have been driving through timed-lights streets in San Francisco (such as Bush, Pine, and now Geary street) for years hoping that one day the city will make those streets safer by placing stop lights not only on the sides of the streets but also above the lanes, like it is customarily done pretty much anywhere outside the City and County of San Francisco.
I was really pleased to witness my little "dream" come true as more and more streets, including Geary and Bush get these over-the-head lights. Now, the drivers don't need to struggle or actively look for the light at the intersection when they drive but it is actually right in front of them.
Hopefully, sooner than later all the major streets will have these larger stoplights above the roads, making the streets of San Francisco both easier and safer to drive.
Some of the most serious injuries are caused by negligent entrustment of dangerous devices or vehicles. Consider the following situation which is very similar to the case a recently handled: A, B, and C are sitting at A's home and having drinks. After a few drinks, A gives B keys to his A's ATV, and B decides to take a ride. B runs the vehicle into the tree. B's body is thrown of the vehicle and against the tree. B suffers debilitating injury and ends up being partially paralyzed.
Although one could argue that ethically B is just as at fault of riding ATV drunk as A for letting him borrow the vehicle, A will likely be liable for B's injuries and damages under the negligent entrustment negligence theory, because A knew or should have known that B was under the influence and was unable to safely operate the vehicle.
In that case, the ATV was not insured (as off-road vehicles do not have to be insured in California). If A is a homeowner, his homeowner's insurance policy will likely cover the injuries caused through the use of vehicle kept on the insured property.
I remember riding my GS650 down Fulton Street in the Western Addition of San Francisco one rainy evening a few years ago. I was going about 30 miles per hour when a car driver pulled out from the intersection without stopping to check for upcoming traffic and turned right into the lane I was traveling in. I tried my best to break and prevent the accident, my motorcycle skidded on a slippery road, while my body was thrown in the opposite direction. Neither I nor my motorcycle ever made contact with the driver at fault.
When I contacted the other guy's insurance company, they tried to argue that because my vehicle never made contact with his vehicle, there was no accident and thus they should not accept liability for my injuries and damages. I had to admit that technically they were right. An accident is by definition is a collision between two vehicles or a vehicle and a body. However, I also believed that it was fundamentally unfair that a person who tries to avoid an imminent collision should be punished by not being able to recover compensation for his damages, while someone who doesn't care that much to avoid a collision would be compensated. I argued that even though there was no contact between the vehicles, I should still be compensated because ultimately I fell off the motorcycle due to the fault of that other guy.
Eventually, the insurance company accepted my arguments and agreed with me, settling all my claims shortly after I finished my medical treatment.
I take 80 East and 101 South from San Francisco quite often. On some days I take 80 first, then come back to the city and rive to San Mateo or Santa Clara county in the afternoon. Every time I do this, I can't help but be amazed at the difference in the driving "culture" between the two destinations. For obvious reasons, 101 South carries more "high end" cars and drivers, many of whom are in executives positions at many of the software companies in the Silicon Valley area. Many of those drivers are in a rush, especially during the morning commute hours. Many of them are very aggressive drivers who must believe that they deserve to be ahead of everyone, which is less typical of the "middle class" drivers, that travel through Alameda, Contra Costa, and Solano and other neighboring counties. I am sure that if I counted how many times I see drivers switch lanes in front me on 101, that number will far exceed the same number on I-80. That, along with the fact that 101 South is more narrow in may areas and much more curvy than I-80 increases the likelihood of a serious injury accident in the San Mateo / Santa Clara counties.
This is exactly why it is especially important to adopt the defensive driver attitude on 101 and refrain from trying to be ahead of others or switch lanes too often to just be ahead of one car that's "in your way." It's hard to avoid the stress and pressure of having to be at work on time, especially if you have a business meeting or you are supposed to be closing sale. There is probably only one way to avoid that impulse of rushing in the morning - leaving early - earlier than you are supposed to and knowing, as you drive, that no matter what, you are going to be on time.
If you have been recently involved in an accident in San Francisco, East Bay or South Bay/Silicon Valley due to your fault or the fault of the other driver/drivers, and would you to have your legal concerns addressed promptly and competently, contact San Francisco injury lawyer Arkady Itkin.
As any attorney becomes more successful in his practice, he or she becomes inevitably more picky - and not only about the cases and the legal issues they are willing to work on, but also about the people that they are willing to represent. The practice of law and especially litigation is naturally stressful enough, especially in large cities such as San Francisco, where attorneys have a higher overhead and have less time and patience to deal with "problem" clients.
The more experienced attorneys have a better sense of who they are dealing, and what kind of client a person will be during the initial consultation - whether by phone or in person. These more seasoned lawyers are familiar with the obvious and not so obvious "red flags" in potential clients.
Thus, any person who has a serious legal issue which requires legal representation should make sure that he comes across as a "quality" client - the client that best and hence - the pickiest lawyers want to represent. Here are a few suggestions on how you can come across as a person that every lawyer wants to represent:
(a) You are not excessively verbose - no matter how unique and emotional you think your case or legal issue is, be assured that the lawyer who you are speaking with has heard your kind of story more than once, and has likely handled a similar case not so long ago. Remember - the lawyer is a human being with his own feelings and emotions, but he is not your therapist. He is busy, his mind is racing through various legal theories of how he can help you, and he is probably thinking about his next meeting, so burdening the lawyer with the "background" information will not make your case stronger or the lawyer's representation better. Ironically, the less emotional pain you show in your case, the more respect, sympathy and compassion you will receive from your attorney.
(b) You have unreasonable expectations - every now and then a potential client will call me and will tell me that he has a million dollar case. When I ask how they know that, they would tell me that their friends told them that or their neighbor had a similar case. When I hear this, I have to consciously prevent myself from saying: "Well, why don't you have your neighbor / friend handle this case for you?" Every experienced lawyer knows that a client who has unreasonable expectations will never be satisfied with the legal services he receives. Few things are more frustrating to a hard working attorney than hearing "Is that all I get?" after doing his best to fight/negotiate a settlement in an injury, employment, business or other case. So, let the attorney determine the value of your case instead of relying on the questionable opinions of people whose exposure to legal system is very limited.
(c) You say that your case is not about money but about justice - let's be completely honest and face the truth - every civil dispute - whether it's a personal injury claim, discrimination or harassment case or business claim - is about money because money is the only remedy that you can receive. Engaging in litigation is first and foremost a business decision for both - the lawyer and the client, and therefore it should be treated as such. You must remember and be ready to hear from a lawyer that in light of all the facts and circumstances of your claim, it is not worth the time and the expense that it would take to take it to court and litigate. I believe that one of my most important jobs is not only fighting for the rights of employees injured persons but also advising people with full honesty whether in my opinion the fight is worth going after. It is important to remember that the inherent stress of litigation must have significant potential rewards to be worthwhile.
Your inability to pay medical bills to get that treatment you need and deserve should never be the reason to actually not be treated after being involved in a car accident or any other injury incident. Hundreds of persons injured in car, motorcycle and other accidents in San Francisco decide not to seek medical treatment because they don't have health insurance and their inability to pay for medical treatment out of pocket.
If you are unable to pay medical bills and get the treatment for your injuries, this is exactly the time when you should consider hiring a an experienced San Francisco injury lawyer. An attorney will likely refer you to the doctor or several physicians who will be willing to treat you on a lien basis (that is, they agree to be paid only if and when your injury claim settles). Later, when your claim settles, your attorney will be able to negotiate your medical charges with the providers and substantially reduce them, to make sure that you receive greater recovery in your claim.
Pain and suffering is a significant component of most serious injury claims and court cases, especially in San Francisco, Alameda County and surrounding jurisdictions where the juries are known to be especially sympathetic to the people whose injuries affected their health, professional and personal lives.
Gathering evidence, talking to police and witnesses, taking photographs and making sure that you organize your paperwork properly are the last things in your mind when you are involved in an auto accident and suffer serious injuries. However, sooner or later - the issue of being compensated for your injuries and damages will become relevant. And the more serious the injuries are that one sustains in an auto accident, the higher the medical bills are, the greater the loss of wages is, and thus - the greater the overall financial loss on a person is. Thus, if you want to make sure that you are ultimately compensated for your injuries and pain and suffering, you will have to keep track of the facts, and documentation and the parties involved.
The Accident
Driver information - obtain and exchange information with all other drivers and make sure to get their names, license plate numbers and driver license numbers, insurance company name and policy number as well as their current address.
Photographs - photograph the damages done to your car as well as other vehicles at the scene of the incident and photograph you injuries (bruising, and other visible injuries) before they start healing. Obviously, it’s a good idea to always have a digital or a Polaroid camera in your car. However, even if you don’t have one, chances are that if your accident occurred in the City of San Francisco, there might a drug store within walking distance where you can buy a camera, and it would be a very good idea to do so to preserve evidence as soon as possible.
Police Report - the San Francisco police is often reluctant to come out to the scene of the incident, unless one or more parties were seriously injured. Call the San Francisco Police Department if you were injured and demand that they arrive and take down the traffic collision report. Make sure to get a report slip, so that you can order the report later from their office.
Witnesses - do not hesitate to approach people who have or might have witnessed your accident. Their testimony or simple declaration (a statement with a signature on a paper) may prove to be crucial in a case of disputed liability. San Francisco residents are known for their desire to help and step up to the plate when they witness a traumatic injury accident, so you should not feel that approaching and asking potential witnesses for their information would be inappropriate.
Medical Treatment - if you feel that you have suffered a serious injury do not hesitate to go to the emergency room. You might be discouraged by ER treatment in San Francisco if you do not have health insurance. However, this should not be your concern at the moment when receiving prompt medical attention, taking your x-rays and getting pain relief medication is crucial to your future health and well being. Don’t worry about medical bills. There are different ways to handle them later, one of which is hiring a an injury lawyer in San Francisco who will place the bills on “hold” until your claim is settled and who will later negotiate with the medical providers to reduce your obligations.
After the Accident
Medical Treatment - log all the office visits, prescriptions, over the counter medications, medical treatment, chiropractic treatment, physical treatment and any other medical help your received from the date of the accident.
Lost Work Time / School Time - keep track of the days you were absent from work and for which your employer did not compensate you and the days you weren’t able to attend school because of your pain and injuries.
Photographs - continue to take photographs of your injuries, to show the healing process and write the date on the back of each photo.
Witnesses - contact them for a written statement before too much time lapses.
Pain, discomfort, emotional distress, fatigue, tenderness, inconvenience - keep a daily log of your experiences, documenting how the injuries have interfered with your daily life and relationship.
It is impossible to fully protect yourself from being involved and being injured in an auto accident, especially in San Francisco, where the drivers are known for their aggressive nature and where so many out-of-towners and tourists are driving and often do not rally know where they are going, creating dangerous situations on the road. However, it is in your power to make sure that you are prepared for such an event and you protect your rights and future financial well being. http://sanfranciscoaccidentinjurylawyer.com
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