In California personal injury claims are often handled by attorneys, because of the complexity of seemingly simple cases. The common compensation system for wrongs still exists, but has been modified by law. Some states are called no fault and have substantially different laws. In California there is one major change that was made. More likely than not the change came about as a result of the insurance industry. Basically the idea is that people that are uninsured should not benefit at the expense of those that are insured.

In California your rights are reduced if you are driving a car and have no car insurance for the car you are driving. There are a few exceptions, but as a rule you must have car insurance if you are going to drive in the state of California to be able to make a full claim.

Personal injury claims are actually relatively broad claims that include more than just a claim for personal injuries. A personal injury claims is usually a claim that involves seeking reimbursement for medical expenses incurred treating injuries resulting from the negligence or intentional action of another, it also involves seeking compensation for the pain and suffering, if the injured person was married at the time of the event that caused the injury the spouse is entitled to make a claim for loss of consortium.

Loss of Consortium means many different things as defined by the California Supreme court, but in the vast majority of cases it has been reduced to a claim for diminished ability to engage in sexual relationships. Many claimants and potential claimants forgo the right, because exercising the right necessarily means the opposing party that caused the accident is entitled to inquiry about the sexual relationship between the couple and have his or her attorney ask written and oral questions pertaining to the sexual relationship. The injured party is also entitled to seek reimbursement for out of pocket expenses incurred in seeking medical treatment, such as transportation, over the counter drugs, neck braces, and other such items. The injured is also entitled to compensation for the time lost from work.

The claimant will not automatically receive compensation for all these things, this where attorneys come in. First the claimant has to prove that if he or she was driving the car that he or she was insured. If the driver was driving someone else's car, it is okay as long as the car was insured. In some cases there are exclusions for the particular driver, it is not unusual for spouses to exclude each other to get lower insurance rates when one of them has a poor driving record or criminal convictions for driving under the influence of alcohol. Some drivers create fancy schemes to get the vehicle insured and be able to obtain registration as well. Among undocumented workers there are many unregistered vehicles and many schemes as well where the driver is often not the registered owner or insured.

What results when these drivers are uninsured is that they lose their right to what are called general damages. General damages in short means the right to compensation for the pain and suffering. Sometimes the injured party failed to pay on time and the insurance was canceled, sometimes the payment was lost, and sometimes they forget to pay or mailed payment to the wrong place. These are not viable excuses an attorney cannot fix these errors.

By: Arnold Hernandez
Speak with a personal injury and wrongful death attorney today. San Diego Attorney, wrongful death, personal injury, Labor Overtime.

Okay, so you've just become a victim of one of the 3 million car crashes that occur each year in the U.S. This article is going to assume that you were an innocent victim and that another party was at fault. What you do immediately after the collision will have lasting effects on the outcome of your situation.

In a perfect world where everyone is fair and all parties take responsibility for their actions and abide by their agreements, an accident is pretty straight forward: You get hit, the other party gives you their insurance information, you call them, they arrange to repair your vehicle and they offer to pay your medical expenses, any lost time from work and a sum for the time you had to endure pain and were unable to enjoy your life in a normal fashion.

The problem is, it's far from a perfect world. People and insurance corporations do not take personal responsibility and do not uphold their agreements. Therefore, you must take charge and not assume everyone is going to do their share.

What to do immediately after the collision: Take inventory of your body and your passenger's well-being. If anyone is bleeding, have them apply pressure to the wound. If anyone is unconscious, do not move them. Check for pulses and breathing. Immediately call 911. Administer emergency care like CPR if needed. If you have an unconscious passenger, or one that is severely injured or if you are severely injured, try to remain calm until help arrives. Do not move the vehicle or the injured party unless there are signs of a fire or other imminent danger.

If no life threatening or severe injuries have occurred, move your vehicle to the side of the road and out of traffic. It does absolutely no good to get out of your vehicle and inspect damage in traffic lanes. It only causes traffic congestion and other secondary accidents. It won't make any difference legally if all the cars are lined up or not. Just make sure to note which cars were where and the sequence the collision occurred in. Call 911 and report the accident and ask for local police (for surface streets) or Highway patrol (freeways and toll roads) to respond. Many local police agencies will not write a report on scene unless there are injuries, severe vehicle damage or you are blocking traffic because your vehicle won't move.

Once the authorities have been notified, go out and exchange information with the other parties involved. Take a piece of paper and pen with you and write down the name, phone number, make and model of vehicle, color, license plate number and insurance information. DO NOT ARGUE. Don't cause a scene at the scene. Don't insist on an apology or demand the answer to "What were you doing?! Why did you hit me?!" Dispassionately gather information. If you get upset and rant, the other party is less likely to cooperate. If your cell phone has a camera, take pictures of the other vehicle and the damage of your vehicle as they sit at the side of the road. Get photos of all vehicles involved if it is a 3 or more vehicle collision, even if the other vehicles did not hit yours. This information may be needed later to settle any disputes over liability.

Once authorities arrive at the scene, calmly and assertively explain what happened. If you or anyone else in your vehicle feels any discomfort at all, do not be brave and minimize it. Often injuries develop over the course of a few days and can even be delayed by weeks or months. If you report at the scene that you are "fine," and then a week later you awake with severe neck pain or develop a disc injury months later as the result of the crash, these words can come back to be used against you by an insurance company that doesn't want to pay your medical bills. Just tell them honestly, I have a headache, my neck is stiff or my knee hit the dash and it hurts, etc. Don't exaggerate or lie, but do not trivialize your potential injuries either. At the scene you do not know if you are injured. If another party claims incorrectly, you were at fault, do not argue with them. Instead explain your side rationally to the police at the scene. Between your calm statements, photos and the police officer's "BS" detection instincts, the truth almost always prevails.

The authorities may ask if you need an ambulance to take you to the hospital. Here are some examples of when to go to an ER room: dizziness, bleeding, cannot move neck or neck pain is significant immediately after the collision, loss of consciousness or disorientation, suspected leg or arm fractures, drowsiness or slurred speech, numbness, shooting pains or inability to move fingers, hand or arm. These are signs of possible severe injuries or spinal damage and require stabilization and evaluation by an ER physician. The vast majority of life threatening or very serious injuries will be discovered in the ER. But, ER doctors often overlook moderate whiplash and other strain type injuries, so if you are told "you're fine... you're just strained... it will go away in a few days..." that is bad medical advice.

Once all information has been exchanged and the police have taken a report, it is time to carefully leave the scene. Carefully because accidents cause other drivers on the road to seemingly lose their minds and veer right for them like bugs to a light. You don't need another collision! If the police do not respond to make a report. Drive directly to the local police station to make a traffic accident report. This is important! You must do this right way. If no objective authority files a report, it's your word against the other person's. Making a report right away gets your side of the story documented.

Whether you feel pain or not it is important to call and make an appointment with a physician specializing in automobile accident injuries. Such a professional will always make room for you within 24 hours because they understand that immediate evaluation is necessary not only medically, but to protect your legal rights as well. Your family medical doctor or chiropractor who is not specifically trained in and does not devote the majority of his or her practice time in personal injury matters, is not qualified to take care of your unique condition. Accidents are intricate and there are many bases to cover to ensure any injuries are detected, documented fully and cared for correctly. That's where a specialist can help you immensely.

Your next call is to the other persons auto insurance company. Don't put this off until tomorrow. Do it within an hour or so of the accident. Give them all your information and the information given to you by their insured. Inform them you will be seeking a medical evaluation within 24 hours. Next, call your own insurance company and let them know you have been in a collision. Give them all the other party's information.

After the dust has settled, and you've made your calls, try to relax. Take out a pad of paper and write down briefly everything that happened. In time your memory will fade and you may forget about important details. Write them down while they are fresh in your mind. Check your body for any bruising, redness or scrapes on the side of the neck, over the collar bone and chest, which often appear due to contact with your seat belt. Look for bruising on your abdomen where your lap belt is. Check arms and legs for bruises and your head for tenderness. Collisions occur so rapidly that you may not even be aware that you struck your body on the interior of the vehicle or against one of your passengers. Photograph any visible signs of injury from about 3-4 feet away.

Well that about does it. You've done all you can to properly manage the immediate aftermath of your accident. Your next steps are to report to your personal injury specialist physician for an evaluation and to continue contacting the other party's insurance company until they have made a report and given you a claim number.

References:

Gotten N: Survey of one hundred cases of whiplash injury after settlement of litigation. JAMA 162(9):865-867, 1956.

Deans GT, Magalliard JN, Kerr M, Rutherford WH: Neck sprain--a major cause of disability following car accidents. Injury 18:10-12, 1987.

Braaf MM, Rosner S: Symptomatology and treatment of injuries of the neck. NY State J Med 55:237-242, 1955.

Loro MBG-M, Yuste PG, Perez CG, Garcia MTM, Lorenzo AH. Epidemiology of traffic crashes in a general hospital. 43rd Annual Proceedings of the Association for the Advancement of Automotive Medicine. September 20-21, 1999, Barcelona, Spain, 437-438.

Richter M, Otte D, Pohlemann T, Krettek C, Blauth M. Whiplash-type neck distortion in restrained car drivers: frequency, causes and long-term results. European Spine Journal 9:109-117, 2000.

By: Dr Barry L Marks D.C.
Dr. Barry L. Marks, DC...chiropractor, author and lecturer. He is a former Associate Clinical Professor and has been in practice since 1986. He has specialized training in whiplash and brain trauma from auto accidents and vehicle crash reconstruction. His expert opinion is often sought in connection with whiplash and other injuries due to automobile collisions. You may reach Dr. Marks at his Orange, CA office at (714) 938-0575. His articles and ebooks can be found at http://www.drmarks.com and a Free Consumer's Guide, "What You Should Know If You've Been Invovled in an Auto Accident" can be found at drmarks.com/auto_accident_whiplash_treatment.html

Motorcycle accident litigation often involves issues like traffic and registration law compliance, medical expenses, and liability determinations. These are the common elements considered in litigating this sort of accident.

Most states have their own laws regarding traffic and safety in motorcycle riding. These often include the helmet law and other special laws. In California, for instance, motorcycle accident law permits lane splitting, a practice that allow motorcycle riders to pass between cars or vehicles.

In most states, road rules are contained in the vehicle code, which are designed to give drivers a guideline to follow in avoiding accidents. The vehicle code also contains the list of common road violations and their corresponding penalties.

To better understand how claims litigation is done in a motorcycle accident case, it is essential to know, the main issues in question during accidents.

In most motorcycle accident cases, the two main points of contention are:

• the liability between the parties involved

• how to compensate the party not at fault

Liability for causing of the accident

In any vehicle accident, liability means driving into, or striking someone, or some thing, because you were not obeying the rules of the road. Violations of vehicle laws do not necessarily lead to civil liability. To be held liable, the violation must cause or contribute to cause of the accident or injury.

Once liability has been determined based on violation of statute or laws of the road, and the violation resulted in an accident, a lawyer will then analyze the facts and look for any contributing factors.

Comparative fault

The law of comparative fault means each party will pay for their share of the accident that they caused by not following the rules of the road.

Each accident is different and requires first a study of the applicable statutes, then the facts of each accident. It is also important to combine all the investigation with this.

Once liability is established and the amount of comparative fault is determined, then the victim, who is non-negligent or partially negligent, is entitled to damages in accordance with what they did not cause.

Damages in motorcycle accidents are categorized into five main types:

• Property damage - Damage to the motorcycle or vehicle, rental, storage, and personal items lost or destroyed

• Personal injuries - Medical expenses incurred and "substantially" likely to occur

• Wage Loss - Lost income or earning capacity, use of vacation, or sick leave

• Other Miscellaneous - expenses to the doctors, medications, special medical devices, etc

• Pain and Suffering - amount designed to compensate you for pain, your personal suffering, inconvenience, and fear, etc.

In litigation, the client will be working closely with the accident attorney in three areas:

• Interrogatories - These are methods of verifying bills, claims of injury and damages under the so-called 'verification of accuracy'. The client must provide all the information needed in response to the specific questions asked. It is better to be overly accurate than not accurate. He should answer all questions fully.

• Deposition - A deposition gives the defendant the opportunity to evaluate his claims, personality and effectiveness in facing the trial procedures.

• Offers: Offers are money for settlement given by an insurance company. Treat offers as if you are negotiating a business deal. Always communicate your opinion of any offers to your attorney.

Litigation in vehicle accidents often requires the skills of a competent motorcycle accident litigation attorney. A knowledgeable attorney who has litigation experience in motorcycle accidents cases can improve your chances of getting the rightful claim that you deserve.

By: Manuel Salvacion
For an effective approach and pursuance of your motorcycle accident claim, hire the services of our credible litigation attorneys and we pledge to exert all our efforts to win your case. We also provide free case evaluation for our clients.

Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.

If you happen to get injured in California, chances are you will need the services of a personal injury lawyer who can help with your case. Personal injury accident cases in California are decided based on the state law on torts.

Torts are civil wrongs accepted by law as grounds for a lawsuit. California state law recognizes three main types of torts:

• Intentional torts - intentional accidents which result to injury or damage

• Negligent torts - accidents caused by negligence or recklessness which result to injury and damage

• Strict liability torts - liability for selling and producing defective products

The injury or damages, which often result from these wrongful acts, provide the basis for claim by the injured victims. The primary aim of the tort law is to find relief for the injury and prevent other from committing the same act.

How to Determine Fault in a Personal Injury Case

In any case, proving who is at fault is the crux of most personal injury case. In negligent torts, you have to show how the other party acted recklessly which resulted in harm or injury. Product liability tort does not depend on the degree of caution and safety done by the offending party.

In most personal injury cases, the determination of fault is dependent on two important things: negligence and liability.

In a personal injury case caused by negligent action, you must be able to prove the following:

• The duty owed by the offender's party to you

• Failure of the other person to honor his promise

• Damages you suffer

• Failure of the offending party which result to harm and injury

In strict liability tort case, you will need to prove the following:

• The product was defective which makes it potentially dangerous

• You used the product as directed

• The defect caused your injury

• you suffered damages from it

Satisfying both the negligence and liability requirements of the case, with support of your evidence materials, may help you prove who is at fault in an accident.

Damages to Injured Parties under the California Laws

Compensatory damages - An award of monetary damages for the injured party for economic and non-economic losses as well as damages sustained for the negligence of another person.

There are two kinds of compensatory damages:

• Economic damages - include lost wages, medical bills, future lost earning potential, and payment for damaged property

• Non-economic damages - include such elements as pain and suffering, loss of lifestyle, loss of consortium, embarrassment, depression, disfigurement, scars, loss of emotional support, etc.

Punitive damages - An award given to the injured party as judgments meant to deter others from the same conduct.

Determining who is at fault in most accident cases may require the skills and experience of a lawyer. Knowledge of the state torts law and how it applies to certain cases will be beneficial to a case. A good, competent lawyer who specializes in personal injury cases can help improve your chances of winning your claim in an accident.

By: Manuel Salvacion
Know how tort law applies to PI cases in California with the competent help of personal injury lawyers California.

Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.