Posts Tagged ‘after an accident’

Riverside Car Accident Attorney Explains the Role of Your Car Accident Attorney

Thursday, April 15th, 2010

If you have been in a car accident recently, you have probably been given advice from everyone you know – and maybe even people you don’t know – about hiring an attorney. You may not have made up your mind yet whether you even need an attorney. A car accident can cause upheaval in every aspect of your life and having to make legal decisions shortly after an accident can be even more frustrating and confusing. According to Riverside car accident attorney Emery Ledger of Ledger & Associates, there are times when you can handle you own car accident case, but more times than not, the benefits of hiring a car accident attorney are well worth the coast. So what are the benefits of hiring a car accident attorney and what can you expect from one once you have hired him?

Probably the most important thing that you will receive from your car accident attorney is advice and guidance. Even a small car accident can be frustrating, confusing and throw your entire life into disarray. If you were seriously injured in a car accident, then you may be unable to do many of the things that need to be done after a car accident. Your car accident attorney should take charge from the moment that you retain him and give you advice and guidance on the steps you need to take to begin the journey back to a normal life again.

Once of the first thing your car accident attorney will do it to step in as your voice with the other driver’s insurance company, says Riverside car accident attorney Emery Ledger of Ledger & Associates. The last thing you need to have to worry about after a car accident is arguing with an insurance company adjuster. Your car accident attorney will be your voice throughout the entire process.

Another thing that your car accident attorney will do is to help make sure that you receive the medical treatment that you need to heal. If you did not have insurance and are having a hard time finding care for your injuries, then speak to your car accident attorney and they will be able to help you.

If your vehicle was damages and you need immediate transportation – talk to your car accident attorney. You may also be entitled to a rental car while your car is being repaired. Your car accident attorney can also guide you through the process of getting estimates and repairs done on your vehicle.

Once you and your car are on the way to recovery, your car accident attorney will begin the process of investigating your case. Sometimes this is a simple process as liability was clear. Other times, the investigation may take weeks or even months before it is complete, says Riverside car accident attorney Emery Ledger. Occasionally, your car accident attorney must hire experts to analyze crash reports or medical reports. This is one huge advantage to having a car accident attorney on your side – they have access to more experts and investigators than the average person.

Finally, your car accident attorney will demand a settlement amount from the other party after consultation with you. If you are able to reach an out of court settlement, then your case is over. If not, and you have to go to trial, then you will really be thankful that you have your car accident attorney by your side. Only an experienced car accident attorney knows how to fight for you and win in an actual court.

If you have been in a Riverside car accident and would like to speak to an experienced Riverside car accident attorney, please contact Emery Ledger of Ledger & Associates at 1-800-300-0001 or www.ledgerlaw.com. He will be happy to give you a free detailed evaluation of your car accident case.

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Silence is Golden after an Auto Accident, Part II

Thursday, March 25th, 2010

In our first post dealing with things you really are better off not saying to any insurance company, we covered a fair amount of ground, but kept some further tips and tactics for you to think about.

Being an auto accident attorney for as long as I have, I have seen a whole lot of car crashes, heard hundreds of stories from clients about insurance companies giving them the short end of the stick and have handled numerous claims to a successful conclusion for my clients. This is what an auto accident attorney does. When good people have bad things happen to them and need help, we are right there to give them a hand.

The last thing we talked about is waiting to sign a medical release. That makes good common sense, because sometimes injuries don’t show up and cause you grief until a few days or even months later. This is one of the major reasons for not signing any medical release that would cut you off at the knees when it came to a fair settlement.

An auto accident attorney gets calls about this all the time from people who don’t know what to do when the insurance company insists they need to sign a medical release. The answer is you do nothing until talking to your auto accident attorney and you wait; wait until you know the full extent of your injuries.

I wanted to mention something that very few people are familiar with, and that is not giving out any information about the name of your doctor or any names of members of your family. You might be wondering why not, and the answer is that the insurance company just may call them for more information about you, as in what did you say to them about the accident? Information like that can hurt your case, so silence is golden. If you aren’t certain about something, call your auto accident attorney for advice. That is what they are there for in the first place.

Unfortunately, a lot of accident victims don’t have a really good idea of the value of their insurance claim. Thus, when the insurance company approaches them and offers a sum that sounds great, they often jump at it. After all, the insurance company wouldn’t try to rip you off would they?

Well, remember this, the insurance company wants to pay you as little as it can get away with and close the file quickly. Do not immediately say you will accept their offer. Call your auto accident attorney and let him know about the offer. Your auto accident attorney is there to guide you through the settlement process and he will tell you right away not to take their offer and that you are entitled to more.

Also, it’s never a very good idea to tell the insurance company that you don’t have an auto accident attorney. This is a little like waving a red flag at a bull. Find one quickly, because having an auto accident attorney fighting for your rights will get the attention of the insurance company and up the chances of a fairer settlement. They know how to make the insurance company do right by you.

An auto insurance attorney also knows how to figure out the economic worth of your injuries and calculate in your medical bills, loss earning potential, time missed on the job, pain and suffering and other things you had to pay for as a result of being involved in a car wreck.

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Silence is Golden after an Auto Accident, Part I

Thursday, March 25th, 2010

While you might think that the first thing you need to do after a car crash is call your insurance company and let them know, you’d be wrong. Actually, silence is golden when it comes to what to say when you’ve been in wreck.

Talking to an insurance company when you are upset, scared and angry will just mean you’ll say something that may come back to haunt you later. As an auto accident attorney, I’ve seen this happen time and time again, and the result is the insurance company trying to lowball a claim or deny it.

If you say the wrong thing to them, you might just be kissing your fair settlement goodbye. This is one of the major reasons you need a qualified and skilled auto accident attorney on “your” side when you deal with the insurance company. Your auto accident attorney knows how to handle the insurance company run-around.

Insurance companies really don’t like dealing with lawyers because it means they might have to go to court. Going to court with your auto accident attorney usually means the company has to fork out bigger settlements and when it comes to protecting their bottom line, these companies would rather not pay out large sums, even if you do deserve more compensation. Discuss this kind of situation with your auto accident attorney, as only they have the training to navigate the claims process and make sure your settlement is fair.

Going it alone with the insurance company isn’t a really good idea, so if you have been in a collision and are injured, go to the hospital for treatment. You can call the insurance agent later. No rush. Just remember they are not your best friends and will act to minimize any claim you may have.

The advice that I give car accident victims comes from my experience as an auto accident attorney. For instance, while you are on the phone with the agent later, don’t guesstimate anything that happened relating to your accident. Stick to the facts, plain and simple, because anything you “guess” at, such as your speed and stopping distance is likely to be wrong.

During the course of your conversation, the question of who was at fault is bound to come up. At this point, do not blurt out that the accident was your fault. A good auto accident attorney will tell you right away that even if you were partially to blame for the accident, the other driver may be even more at fault. Keep whatever you are thinking and feeling to yourself, even if it’s the police asking questions. Just provide what facts you are sure of and nothing else.

Many insurance adjusters call and want what they refer to as an official statement. You are not obligated to provide one. If you are asked to give one, call your auto accident attorney immediately. They will tell you anything you say may be distorted or used out of context and damage your case. If a statement is recorded, it can’t be corrected.

While you may have gotten out of the accident with minor injuries, one of the things you do not want to say to the insurance adjuster is that you are not hurt. People don’t often really know this for a fact until a few days after an accident when injuries may start to show up, such as bruising, cracked ribs, compressed discs in your spine etc. When the pain hits, you need to see a doctor and be properly assessed, so do not sign a medical release until you talk to your auto accident attorney.

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Knowing When to Get An Attorney

Friday, February 5th, 2010

When should a person get an attorney after an accident? This is a vital question that everyone wonders about. If the accident did not appear to be your fault, you may erroneously believe that you don’t need to be represented by an attorney. You will believe that right will win all, and that you will be safe from having an action brought against you by the other driver.

The reason that this is not always how it plays out, is because even when the accident is not your fault, you may find that you are paying for the repairs for the other driver. There are other drivers who are actually wholly at fault for an accident that you are involved in – but they are not going to tell the truth about that. And, you are not going to be able to make them tell the truth, about what really happened, under any circumstances.

Most people are honest and law abiding people. These people are your neighbors, or co-workers, or people you know casually in the community. Then, there are people that you don’t know, but you want to trust. They may even have the same state license plate as you do. You may feel that you have a pseudo shared common bond, since we are all from California, right?

Unfortunately, there are people from all over the planet who come to your state, to drive on your roads, and have accidents with you and your car. Anyone from anywhere, California, neighboring states, people in rental cars, in borrowed cars, in brand new never before driven cars, or in junker cars – virtually anyone can have an accident with you, if not today, then maybe tomorrow. And, although most people would never consider not telling the truth at a scene of an accident, there are the small percent of people who will lie through their teeth to try to get out of paying you, especially when it is their fault for the loss.

For example, if two cars both approach an intersection and one has the right of way, if the other driver doesn’t yield, odds are very high that there will be an accident. If the other driver declares that he had the right of way, and you have an accident, someone is going to be at fault for the damages. It may be clear that the other driver is at fault. But if the police arrive and talk to the other driver, and that person vehemently blames you for the loss, then you may find that you both are given a citation for the loss, and your insurance companies will both split the difference at 50%. This 50% determination for your loss may not be enough to pay for the damages to your car. It is most likely just a few hundred dollars over your deductible. The point being, this situation is not what you expected when you were hit by a car at an intersection and you feel that you were wrongly pinned as responsible for the loss.

So, to answer the question posed at the top, when should you get an attorney after an accident? You should get one right away. If you have questions about an accident that you have just been in, you may call us today at the law offices of Ledger & Associates at 1-800-300-0001 or email us at www.ledgerlaw.com.

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Accidents Can Happen To Anyone

Wednesday, February 3rd, 2010

Accidents can happen to anyone traveling on the road. Because of our nation’s initiatives to lower our speed limits years ago, our roads are relatively safer not than in years gone by. It is quite likely that you may witness or see an accident at some time in your lie. If you are the bystander to an accident with a motorcycle, consider that there are some things to keep in mind. Mind you, this is not a list of tips or a dissertation on advice to follow at the scene of an accident with a motorcycle. It is just some food for thought, or rather, something to consider if you ever see this type of accident happening.

Unless you just happen to be an EMT and just happen to be driving in an ambulance at the exact moment you come upon this loss, do not act as if you are an EMT. Or said another way, if you are not a highly trained emergency care professional, do not hold yourself out to be a highly trained professional. If you come up to an accident scene, you should not begin to act as a “good Samaritan” and start moving the person around. If the motorcycle driver is on the ground, you can possibly talk to the person and tell him or her that help is on the way. Then, call for help using your cell phone and describe exactly what you see at the scene. This will help the authorities to know what equipment to bring along with them for managing the emergency situation.

You should never get the idea to remove a person’s helmet after an accident has occurred. This would possibly lead to a dangerous situation. If the person has had a cervical, back or spine injury, you would be moving the person and make the injury a million times worse. Like I mentioned earlier, you should look and not assist at a scene, unless you are told to do something by the police or by a highly trained individual who is advising people on what to do. In fact, since you most likely are not trained to do anything to help the victim of a motorcycle crash, then you will fall into the category of being the average person witnessing an accident (most of us fall into this category).

As I said, you may be the witness to an accident. You may feel that you just need someone to talk to about what you saw. You can call the law offices of Ledger & Associates at 1-800-300-0001 or email us at www.ledgerlaw.com if you want to discuss liability issues or have questions regarding an accident you may have been involved in recently.

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What Should I Do If I Have Been In A Car Accident?

Sunday, January 31st, 2010

If you have been involved in a car accident, you may be wondering if you have an accident case.  You may be wondering who is responsible for the damages you have suffered.  The only way to know for certain if you have valid personal injury car accident case is to speak directly with an experience personal injury attorney.  Only an experienced personal injury attorney can evaluate the facts of your particular case and advise you as to whether you should proceed with a claim.

There are a number of things that an experienced personal injury lawyer will consider when evaluating your case.  First, he will consider when the accident happened.  This is important as there are statutes of limitations that govern how long you have to file suit after an accident.  These statutes of limitations can vary from state to state and can change depending on the type of injuries you have suffered or the type of defendant that you wish to hold responsible. Although usually longer, the time within which you must notify a defendant can be as little as six months.  This is one reason why it is so important to seek experienced legal counsel immediately following an accident.

Your experienced personal injury attorney will also evaluate your case to determine who was responsible for the accident.  In many states, more than one party can be held responsible.  In other words, the fault could be divided among all the drivers and/or additional defendants (like the City or a vehicle manufacturer).  Negligence (fault) is a legal concept and can have differing definitions from one state to the next.  Additionally, the division of negligence among defendants can be very complicated and require an enormous amount of evidence and research.  You can help your attorney by providing all the details of the accident that you can remember, including things that may not seem important to you such as road conditions at the time of the accident.

Lastly, your experienced personal injury attorney will evaluate your damages.  Again, “damages” is a legal term that is used to cover all injuries you have suffered as a result of the accident.  Damages can be monetary – but don’t have to be.  Obvious damages are things like the cost to repair your vehicle, medical bills and ambulance charges.  Something else that you may not immediately think of as being part of a damage claim is time off work – not just immediately following the accident but for doctor appointments, attorney appointments and other appointments directly related to your accident.  Some states also allow you to recover punitive damages, loss of consortium and other sorts of damages aside from actual damages. These damages are awarded for damages that are suffered over and above, or apart from, actual monetary damages.  Again, the laws regarding these types of damages are complicated and vary from state to state so ask your attorney what the laws are in your state and as they apply to your specific case.

If you have been involved in a car accident and would like an experienced attorney to evaluate your case, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.

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What Should I Do If I Have Been In A Motorcycel Accident?

Saturday, January 30th, 2010

For bikers, we all dread moment when you know you’re about to be involved in an accident. Someone in a car just pulled out in front of you and you know you are going down. There was nothing more you could have done.  You follow all the traffic rules but unfortunately many car drivers just don’t pay attention to motorcycles. The guy probably didn’t even notice you. Although everyone who rides a bike tries to prepare for the possibility of an accident, it’s still scary when it actually happens.  So if you have actually had an accident, how do you know if you have a valid personal injury case? How can you protect your rights and recover damages from the person who caused the accident?

The best thing you can do is consult with a motorcycle personal injury lawyer.  Only a trained and experienced lawyer can evaluate all the facts of your case and advise you whether you have the basis for a personal injury claim and how to proceed.  There are, however, things you can do immediately after the accident to try and help yourself and your lawyer in the event that you do proceed with a personal injury claim.  If you are not taken directly to the hospital by ambulance, then the following steps may be of great help to you and your attorney as your case proceeds.

1. The first thing you need to do after an accident is make sure that you and your motorcycle get out of the roadway if possible to prevent any additional injuries or accidents.  Car drivers are notorious for not spotting motorcyclists when they are actually riding the bike, much less when the bike is on its side in the middle of the rode.

2. The next thing you need to do is notify the police if another motorist or bystander hasn’t already done so.  You may think this isn’t necessary because you feel o.k. or you think there wasn’t much damage but a police report may be invaluable to your attorney in evaluating your case.

3. Additionally, take down the name, telephone number, vehicle information and insurance information of the other person involved in the accident.  Don’t count on the police to gather that information.  Remember – this is the person responsible for your injuries so write down all the information you can.

4. Next, take note of any potential witnesses to the accident and attempt to get their information.  While witness identification may be located on a police report, it isn’t always taken down by law enforcement.  Again, take it upon yourself to get any information you can at the scene.

5. Have yourself checked out by a physician as soon as possible.  If possible, go directly to the emergency room.  You may feel as though you didn’t suffer any injuries, but many injuries are internal and/or do not show symptoms until hours or days after an accident.  Having a physician check and document any potential injuries right after the accident will assist your lawyer evaluate and prepare your case.

6. Make sure you get written estimates for any damages your motorcycle suffered as soon as you are able.  The more detailed the estimate the better.

7. Lastly, document any time off of work.  This includes time immediately following the accident as well as any time spent on doctor appointments or therapy for injuries you suffered.

Only an experienced motorcycle personal injury lawyer can tell you whether you have a valid personal injury claim and advise you how you can recover damages for the injuries you have suffered.  However, by following the steps outlined above in the event you are involved in an accident, you will be able to assist your attorney evaluate and litigate your case down the road.

If you have been involved in a motorcycle accident and would like an experienced attorney to evaluate your case, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.

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