How Prior Injuries Come to Play in California Personal Injury Claims

When you’re involved in a personal injury claim, you may find that the insurance company is going to seek to prove that you have no serious injuries, or that any new injuries you’ve sustained are the result of aggravations of preexisting injuries. When they use this argument, they look to offer low settlement amounts. An experienced personal injury attorney’s job is to prove otherwise to get his client the best settlement amount possible.

Proving Liability Claims

When a personal injury claim involves an insurance company, the injured party must prove the insurance company’s insured is liable for the injury. Liability is the responsibility legally imposed on a person’s actions or his failure to act. A plaintiff proves a liability to establish he is owed money by the insurance company. To prove liability, the plaintiff’s attorney must convince the jury or judge of three things: breach of the plaintiff’s duty to care, causation and negligence.

What Needs to Happen

A court defines a duty of care as the expectation that a person is to act reasonably towards others. For example, a driver of an automobile owes passengers, pedestrians, and other drivers a duty of care while on the roadway.

A court defines negligence as the lack of ordinary care, in that a negligent individual fails to act in a way that a reasonable person is expected to work in a similar situation. A driver on the road is negligent when he drives erratically or excessively.

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Lastly, the plaintiff’s attorney must prove the at-fault party caused his client’s injury. This is often referred to as the substantial factor test, and the attorney must demonstrate that the defendant’s failure to act was a substantial factor in causing the plaintiff’s injury.

Prior Injuries and New Claims

When you arrive at this stage of the game, the insurance company may try to say that even if the at-fault party acted negligently, that action could not prove injury because the plaintiff had existing injuries. For example, if a person with a broken wrist was hit by a car while crossing the street, the insurance company will fight liability because the wrist was already broken.

If you have a prior injury, and you have been injured in an accident, it’s best to maintain accurate medical records, and retain an experienced Orange County car accident attorney to help you find success in your claim. To find more information on orange county personal injury attorneys, visit www.orangecountycaraccidentattorney.net today.

What Are The Penalties For Reckless Driving in Richmond, VA?

Many people are under the impression that a reckless driving ticket is just like a speeding ticket, so they accept their guilt without discussing it in court. However, Virginia has very strict consequences for those who are recklessly driving, which could potentially result in jail time or other penalties if you plead guilty instead of taking the case to court. Depending on the circumstances, you may receive different penalties for reckless driving. However, reckless driving in Richmond always comes with more severe punishments than the average speeding ticket.

What Is Reckless Driving?

Reckless driving in Richmond Virginia is legally defined as driving over 80 miles per hour, regardless of the speed limit, or driving 20 miles or more over the speed limit. Even if you think you were driving safely, merely going a few miles over the speed limit in an area with 75 miles per hour limit is enough to get you a reckless driving ticket. In Virginia, reckless driving is classified as a class 1 misdemeanor, which is considered the worst class of misdemeanor. Many law enforcement officers will issue reckless driving tickets if any accident occurs. However, these charges rarely hold up in court because it is difficult for the law enforcement officer to provide proof that a law was violated.

What Are the Penalties of Reckless Driving Convictions?

Virginia law says that the maximum sentence a reckless driver may receive is one year in jail, $2,500 in fines, a suspended driver’s license for six months, and 6 points on a driver’s license. Everyone does not receive these penalties so that some people may be given a lighter sentence. There are many individual circumstances that may affect a judge’s decision to give a light or a harsh sentence. Typically, jail time is only considered if a person was going 90 miles per hour over the speed limit. However, behaving aggressively towards the police officer or driving in a way that endangers a person or property is more likely to result in jail time. If a person is convicted of reckless driving, they will have a criminal charge placed permanently on their record, which may endanger employment or housing opportunities.

Though the penalties for reckless driving in Richmond, VA may be severe, an experienced lawyer can help you to navigate the legal complexities. Contact the law office of Gregory R. Hough today to learn more information about how we can assist you.

Why You Should Contact a Personal Injury Attorney in Orange County

If you have suffered property damage or sustained injuries in a car accident, you should think of getting a personal injury attorney. Before you proceed to file a lawsuit first consider the state laws that limit personal injury damages and the amount you should be compensated. Proceeding into a litigation while well informed and with the right lawyer in your corner will ensure you get a fair compensation.

Not all types of injuries will require you to have an attorney. You can decide to handle a case with your insurance company or use alternative methods instead of going to court. However, it is helpful in many situations to have a lawyer who is experienced in personal injury law. Some of the situations that call for you to have a Orange County personal injury attorney include;

  • If you have sustained serious injuries.
  • If the case is complicated to handle alone.
  • You are not comfortable to negotiate your claims.
  • You want to be compensated for non-economic damages such as shock, suffering, and pain.

Types of fees payable to a personal injury attorney

There are different types of personal injury fee structures that are used by lawyers. You can find your ideal attorney easily by selecting one whose fee structure can accommodate your current financial situation.

Some of the common types of fees structure include;

  • Retainer: You pay this fee upfront to retain the services of your attorney.
  • Contingency: You will only pay your attorney after they help you win your case. You pay your attorney a certain percentage of the settlement amount.
  • Hourly: Some attorneys require that you pay for the number of hours they spend working on your personal injury case.

Before you decide to go to court it is important that you get a lawyer who can help you understand the court proceedings. Your attorney will give you some of the requirements to win your case. Some of the things you need to know include the time you need before you file a case and how certain laws can affect your compensation. A good example is the statute of limitations. This law states that you are allowed to file a personal injury lawsuit within a specific time frame. This law is different from one state to another. However, in Orange County California, the statute of limitation for cases of personal injury should be filed in court within a span of two years from the date when you sustained injuries.

El Monte Personal Injury Attorney

Turn to a Personal Injury Attorney You Can Trust

If you have suffered a personal injury due to a car, truck, or motorcycle accident in El Monte, it can turn your world upside down. You have a heap of medical bills to face, repair bills for your vehicle, and a long road to recovery. In some cases, you may be out of work, without wages for an extended period. In the worst case scenario, you may end up on permanent disability. The last thing you need to worry about is how you are going to come up with enough money to survive.

You Need A Personal Injury Attorney You Can Count On
When a personal injury puts your life on hold, Guldjian Law can help you to get back on track. Personal injury attorneys are at the ready to represent you. They’ll review all of the details about your case, gathering all of the facts and figures to ensure that whoever is accountable will pay for your expenses. The team at Guldjian Law will go to bat for you, using their experience and knowledge of the legal system to ensure you have the best possible outcome for your personal injury case.

Let Your Attorney be the Middle Man
You have a tall mountain to climb when you are dealing with a personal injury. You don’t have time to argue with insurance companies or the individual who is responsible for your accident. Let the team at Guldjian Law represent you. You’ll have a lawyer as the middle man, taking care of all of the negotiations to win compensation for your case. You have bills to pay, the cost of living to consider, and may need rehabilitation in the long months ahead. A personal injury suit can help you to make ends meet.

Put Yourself at the Top of the List
After a personal injury, you don’t need any distractions. You need to concentrate on your health and recovery. Guldjian Law will be with you every step of the way as you file your personal injury lawsuit. Your team of attorneys will be able to give you peace of mind with the reassurance that fair compensation will be coming your way. Don’t waste a minute worrying, contact a trusted, professional and experienced El Monte personal injury lawyer now. Guldjian Law is here for you to help you pick up the pieces of your life after a personal injury has made it fall to pieces.

Help After An Injury Accident

We all know that the Southern California Highways are crowded and accidents occur somewhere in Los Angeles and Orange Counties every day.  Accidents are stressful and many people are unsure what to do after a serious accident.

Once all the necessary medical needs are taken care of it is important to contact an experienced Orange County personal injury lawyer or a dedicated Los Angeles personal injury lawyer.  A good accident attorney will be able to help arrange proper medical care, deal with insurance companies, employers, and ensure your legal rights are protected and you receive the benefits you are entitled to.

Serious accidents are stressful and can have life-altering effects, so it is important to work with a knowledgeable and experienced injury accident lawyer.  There are many online resources that provide information about personal injury laws and contact information for local personal injury lawyers.

Most people go online and do a search for “car accident attorney in Los Angeles”, “car accident lawyer in Orange County, ca” or some similar variation depending on the type of accident.

Common searches in the Los Angeles County area include:

Regardless of where your accident happens, you should contact an experienced personal injury lawyer to help you.