The Law Offices of Gene H. Chien > FAQ

FAQ

Personal Injury

What to do if you have been injured in a car accident?

Car Accident Injuries

Car accident injuries are highly common and extremely dangerous. The most popular type of car accident injury people suffer from is whiplash and the most serious ones that occur from car accidents include, brain and spinal cord injuries, which can have traumatic effects on those who survive them. Other types of car accident injuries include abrasions, bruising, concussions, broken limbs, loss of limbs, physical disfigurement, permanent disability, or death.

If you have been injured in a car accident, you should:

1. Seek immediate medical attention.

2. Call the police to file an accident report.

3. Stay at the scene of the accident, unless a medical emergency requires you to leave.

4. Be sure to secure the name and address of the driver responsible for the accident, the driver’s insurance company name and contact information, as well as the driver’s registration information.

5. Make sure to preserve evidence of the accident (take pictures of your injuries, pictures of damages to
the car, contact any witnesses, track the condition of your injuries in writing, preserve copies of medical records, and all other important documents).

6. Do not admit fault or enter into negotiations with the other driver or insurance company.

7. Contact a personal injury attorney to ensure your legal rights are protected.

Protect Yourself Against Insurance Companies:

1. File An Accident Claim

After you have been in a car accident, it is important to make a timely accident claim in order to receive compensation for your injuries, expenses, and damages, before your claim expires. The claim may be submitted to an insurance company, a defendant, or to the defendant’s legal representative. It may be in your best interest to seek the advice and help of an experienced personal injury lawyer to successfully handle this process.

2. Take pictures of your car immediately after the accident.

Pictures of the property damage to your car establish visual proof of your claim. It would also be helpful to take pictures of the other cars involved in the accident. These pictures will display the seriousness of the accident and will also serve to corroborate your personal injury claim. Pictures taken at the scene of the accident can also silence any claims adjuster who questions whether or not an accident took place.

3. Take pictures of your injuries before they heal.

After several weeks, car accident injuries, such as shoulder and chest bruising from seatbelt straps, heal. Therefore, it is important to have photographs that capture fresh injuries. Then, if an insurance claims adjuster tries to assert that the crash was very minor, the photographs of your injuries will weaken the defendant’s argument and strengthen your claim.

4. Identify The Witnesses: It will help if you can speak with the witnesses who were at the scene of the accident.

The witnesses can support your case and serve as testifying witnesses, if your case goes to court. Be sure you obtain their names and addresses so you can interview them. Ask them basic questions, such as what they saw, what they heard, who was there, and pay attention to their word choice because the strength of their observations could be very valuable to your case.

Be mindful of key words that suggest fault (such as “running a red light,” “speeding,” “crashing,” etc.).
Beware of the tactics that insurance companies use while trying to defend their claims. Although all insurance companies are not the same, some insurance companies have been known to send insurance claim adjusters to accident scenes in order to catch people off guard, approach them with incriminating questions, and possibly have them waive the legal rights they have to receive compensation for their injuries. Make sure you do not fall into this trap.

5. Schedule a Doctor’s Appointment Immediately and Continue to See a Doctor as Needed.

After the accident, it is important for your own health and safety to seek medical attention, so you do not put your health at risk. It is also important to act quickly so that you protect your claim against your defendant’s insurance company as well.

Acting promptly will prevent the insurance claims adjuster from questioning you (or your lawyer) as to why you waited such a significant time to see a doctor if you were in fact injured. Also, be sure to preserve all of your medical records and billing information (including x-rays, surgery procedures, health costs, etc.) so that you have proof to demonstrate the severity of your injury and your attorney can ensure that the insurance company will cover the costs of your health expenses.

6. Continue to Track the Status of your Injuries.

It is important to document the progress or deterioration of your car accident injuries and note down what pain medication you were taking. After six or seven months, you might forget what symptoms you had and how long they persisted, and if you keep a continuously up-to-date log of what has happened with your car accident wounds, then the claims adjuster will have a difficult time trying to characterize your injuries as trivial.

Secure letters from your employer and family members describing how the injury has negatively impacted your life and basic ability to function, provided your injuries are this severe. Such documentation will greatly assist you when presenting your claim to the insurance adjuster, a judge, or to a jury.

7. Be Sure to Secure Accurate Documentation of Your Accident-Related Expenses.

Keep accurate records of all living expenses that you have incurred as a result of the accident. For example, safeguard and organize all of your prescription medication receipts, caretaking expenses (such as payment for a live-in cook, nurse, or driver), expenses for household services (lawn mowing, gardening), etc. Keep each of these receipts safely so that every expense is precisely accounted for in your records.

8. Trust Yourself and Not What the Insurance Company Tells You.

It is the insurance company claims adjuster’s job to save the defendant’s insurance company money by settling your claim for as small of an amount as possible. Hence, the claims adjuster will try to minimize the value of your claim and attempt to convince you that the accident was inconsequential. Without legal assistance, you may be at a great disadvantage in protecting your legal rights and pursuing your personal injury claim.

What is a personal injury claim?

A Personal Injury claim arises if a person (or corporation) acted in a negligent or reckless manner which caused you harm. If this has occurred, you may have a personal injury claim in which you can obtain compensation for the damages you have suffered. Personal injury claims, are also known as “tort” claims and are defined by the state in which you reside. Our firm only handles personal injury claims in California.

What are some types of personal injury claims?

There are various types of personal injury claims. Personal injury claims commonly arise out of the following situations:

– Auto accidents
– Motorcycle accidents
– Wrongful death cases
– Slip and fall accidents
– Dog bite injuries
– Workplace injuries
– Birth injuries
– Brain injuries
– Defective products or drugs
– Toxic exposure (such as asbestos)
– Medical malpractice
– Product liability (use of an unsafe product resulting in injury or death of an individual)
– Recalled medications

What do I need to prove in a personal injury lawsuit?

In all personal injury lawsuits, the burden of proof falls on the plaintiff. This means that you must prove your case by providing enough evidence to support that you were injured by the defendant’s negligent acts.

Personal injury claims are civil matters and must be proven by a preponderance of the evidence which means that you must show that it is more likely than not that the facts that you seek to prove are true. If you can prove that you suffered injuries due to the negligence of the defendant, then you can be awarded compensation for your losses.

In most cases, you will hire a qualified personal injury attorney to help you. The attorney will provide you with legal advice, gather evidence, (including health records, information from medical professionals, as well as other expert witnesses,) and take your case to trial if necessary to prove your claim, provided all settlement negotiations fail.

What is the value of my case?

The worth of your personal injury claim will depend on:

– The severity and type of injury you suffered (or whether the victim has died)
– The cost of your current medical bills and mandatory ongoing treatments
– Whether your condition is curable
– Whether you are able to work after being injured
– Whether your injury was caused by punitive behavior
– Settlement amounts awarded in similar cases

What compensation do I get if I succeed in a personal injury claim?

If you succeed on your claim, you may receive monetary compensation for your injuries including injuries that were economic (damages that are easily quantified by a dollar amount) and those that were non-economic (which are injuries and losses that are not easily quantified by a dollar amount. They are also known as “quality-of-life damages.”).

You may also be able to receive punitive damages as well if the defendant’s behavior was malicious or intentional. All damages include present and future expected losses.

Economic Damages include but are not limited to:

– Lost wages
– Lost earning capacity (i.e. an inability to work in the future due to injuries)
– Medical bills

Non-economic damages include but are not limited to:

– Emotional pain and suffering
– Loss of a loved one
– Loss of enjoyment of life that an injury has caused

What does the statute of limitations mean and how does it apply to my case?

The Statute of Limitations limits the amount of time a victim has to file a personal injury lawsuit. The statute of limitations for personal injury cases varies from state to state and also depends on the type of claim you have.

For example, in California, the statute of limitations period for personal injury cases, is generally 2 years from the date of injury for a negligence claim and a wrongful death claim, but 3 years from the date of injury for a medical malpractice case. In many states, the time limit begins immediately after the injury occurs. However, there are exceptions to the statute. It is therefore best for you to consult a personal injury attorney in your state to find out the precise statute of limitations period for the type of claim you have.

Be sure that you have filed your claim before the appropriate time deadline. Otherwise, your claim will expire and you will not be able to bring a lawsuit against the party responsible for your injury.

Can I represent myself?

Plaintiffs are not required to hire a personal injury lawyer to represent them in their claim. However, they are more likely to win higher settlements and benefit from the experience of a personal injury litigator if the case goes to trial. If a client hires a qualified attorney, it is likely that the attorney will have:

– An understanding of your claim and the type of compensation you are likely to receive
– Experience with and a strategy for negotiating a settlement with your opposing counsel, whether it be a lawyer who represents an insurance company, another company, or any other person or entity that you are suing
-The ability to efficiently communicate with medical professionals and other experts who are familiar with settlement negotiations and trial preparation in personal injury cases

– A network of professional contacts including, access to other attorneys and expert witnesses who can facilitate and help prove your case

– A solid knowledge of the legal system including the settlement and trial process.

How much does it cost to file a personal injury claim with a lawyer?

Most personal injury lawyers work on a contingency fee basis, which means that you will not have to pay legal fees unless your case is settled. Once a settlement is reached, attorneys typically take a percentage of the amount you have been awarded to cover the costs of the legal services they provided to you.

Please check with your potential attorney as to whether or not they have a contingency fee option and that you fully understand the attorney’s fee arrangement before hiring the attorney.

What is the next step if I am ready to file a personal injury claim?

If you or someone you know has suffered a serious personal injury due to the negligent or reckless acts of another party, it is important to seek the advice of an experienced personal injury attorney so that you can effectively protect your legal rights, know your legal options, and can seek compensation for injuries you have suffered.

DUI

I’ve been charged with a DUI, what is my next step?

Your driver’s license will be confiscated, you will be provided a copy of the complete Notice of Suspension or Revocation form, and you will be provided with the California Department of Motor Vehicles report. The DMV will then conduct an administrator’s review. This includes the police report, the suspension/revocation order and any test results. If the suspension or revocation is upheld, you may request a hearing to contest the suspension or revocation. Within 10 days, you may request a hearing from the DMV. If the suspension or revocation is not upheld, the action is set aside. You will be notified by the DMV in writing if the suspension or revocation is set aside.

I’ve been charged with a DUI, what is my next step?

At the end of your suspension or revocation, you can regain your driver’s license after payment of a reissuance fee to the DMV.

What is an Order of Suspension and Temporary License form?

This form allows you to drive for 30 days from the issue date of the Order of Suspension and Temporary License as long as your California driver’s license is not expired or suspended or revoked for a reason other than the DUI.

If I took the chemical test, how long will my driving privileges be suspended?

If you took a blood, breath, or urine test, and the results showed a 0.08% BAC or more:

– First offense results in a four-month driver’s license suspension.
– Second offense or subsequent offense within ten years will result in a one-year suspension.

Will I be able to drive to and from work?

You must apply for a restricted license in order to drive to and from work. You can apply for a restricted license at any DMV field office.

Will my driving privileges be suspended because I did not take a chemical test?

Yes, if you refused or failed to complete a blood or breath test or a urine test:

– A first offense is a one-year suspension
– A second offense within ten years is a two-year revocation
– A third or subsequent offense within ten years is a three-year revocation