Top FIVE (5) Things To Do After An Accident

What are the top FIVE things to do after an accident to make sure that you have all the information and evidence you need to assert insurance claims and get maximum value at a later date?  Award winning Southern California personal injury law firm, Glotzer & Sweat, LLP explain your rights and what you can do to make sure you are not taken advantage of by an insurance company hell bent on eliminating your claim or reducing its value.

                                          
FIVE THINGS you MUST do Following A Personal Injury Glotzer & Sweat, LLP – Personal Injury Lawyers in Los Angeles, CA

STOP!! You’ve just been in an accident through no fault of your own, you were injured and you are wondering what you need to do? • What information do I need? • Should I take pictures of the area where it happened or my injuries? • Should I report this to my insurance? • Should I talk to the insurance representative for the person who injured me? • Should I go to the doctor right away if I’m hurt? • Which doctor should I see and what kinds of questions should I ask about treatment of my injuries? • Should I call a lawyer and, if so, how soon after the incident should I do so? TOP FIVE THINGS TO DO INCLUDE:

• Get Information and Evidence At the Scene Where the Injury Occurred It is important to obtain enough information at the scene of any accident whether it be a car accident, fall, or any other injury causing event. With the common use of smartphones, this is now easier than ever. Take photos of the following: 1. The driver’s license and proof of insurance for the driver of any vehicle involved in an auto accident. Make sure to focus the camera so that all information is legible. 2. The physical damage to property including automobile property damage to all vehicles involved. 3. The overall view of the accident scene and close up shots of any dangerous condition that may have caused the incident (e.g. slick substances on the floor, protruding objects, holes in the ground, potholes, etc.) or of the positions of the vehicles when they came to rest in an auto accident claim. Write down: The names, addresses and phone numbers of any driver, passenger or witnesses to the accident and the badge number and name of any investigating officer or any Emergency Medical responders at the scene. Request: A copy of a police report from the investigating officer. Usually they will give you a small post card size information card with the “NCIC” or other identification number and instructions on how to request a full report. If not, at least get a business card from the officer(s). In the case of a fall in a retail store, request a copy of any incident report filled out by any employee or manager of the store and ask for a business card or at least the name and employee number for anyone who saw the incident or spoke to the victim afterwards.

• Seek PROMPT Medical Attention and Document Your Examination(s) and Treatment(s) You must seek out prompt and thorough medical diagnosis and treatment if you have sustained ANY injury as a result of the incident. This includes the following: • Accepting offers of emergency transport from the scene if necessary • Requesting full and complete diagnosis including x-rays, MRIs, CT Scans or other diagnostic tests that may show the severity of the injuries • Seeking out follow up medical care and treatment AFTER any initial emergency trauma care. This can include a visit to your regular medical doctor and seeking a referral to a specialist such as an Orthopedist, Neurologist or Physical Therapist.

• Promptly Report the Incident to Your Own Insurance Carrier Under most policies of insurance including auto insurance, homeowners or renters policies, or business or commercial insurance, there is a duty to promptly report all actual or potential claims. Failure to do so can possibly result in a denial of coverage. When you report the incident, though, just STICK TO THE FACTS: • When did the accident occur? • Where did it happen? • Who was involved? • How did it happen? Be cautious here in describing the incident. Less is more. • “WAS ANYONE INJURED?” Always err on the side of caution when answering this question. Many times injuries do not manifest until days or even weeks following an incident. If you have an attorney, let the lawyer do the reporting of the claim to your insurance company.

• Do NOT Provide Information To ANY Insurance Representative from Any Other Party Involved in the Incident It is important to know that, while you have a contractual duty to report the claim to your own insurance and to cooperate with them in investigating the claim, you have NO such duty with regard to the insurance company for the other side! Insurance carriers are in the business of minimizing payments of claims. One of the major tactics they use is to train their claims adjusters to obtain information from people filing claims against their insureds that can later be used to minimize or deny the claim. DON’T fall into this trap!! For Example, Do NOT: • Consent to a recorded statement either in person or over the phone with the at fault party’s insurance claim’s representative • Sign ANYTHING that is given to you by the insurance company for the other side including: Settlement agreements, releases, waivers, consents to obtain medical information or other protected information such as your social security number or tax information.

• Promptly Consult With And Retain A Personal Injury Lawyer According to statistics from the Insurance Research Council (a group who conducts studies for the insurance industry), persons represented by attorneys receive approximately 40 percent higher settlements than those who choose to “represent themselves”. In addition, their stats indicate that 85 percent of ALL dollars paid in auto accident claims go to persons represented by lawyers. Why is this? SIMPLE: Insurance companies are set up to take in premiums and make money through investments of the funds that are “floating” through their accounts. What cuts into these profits? Payments on claims at full value! If they convince you to say and do things before seeking proper legal advice that either completely invalidates your claim or drastically reduces the value ….. THEY MAKE MORE MONEY. The adjuster gets a bonus, the CEO is happy and ALL AT YOUR EXPENSE!

How do I choose a quality personal injury lawyer that cares and will maximize the value of my claim? Reputation, experience, results and compassion. This is what has set Glotzer & Sweat, LLP apart for the past 18 years of representing personal injury victims and their families throughout California including Los Angeles, San Diego, Orange County, and the Inland Empire. For More Information Call Toll Free Statewide @ 1-866-229-0101 or visit our website: http://www.victimslawyer.com

Types of Medical Malpractices

Malpractice is an act or continuing profession which does not meet the standard of professional competence and results in provable damage to the clients. This may occur due to negligence, ignorance or wrong-doing. In medical treatment the damage caused may be visible and thus medical malpractice can be prosecuted.

In medical malpractices four common types can be enlisted: errors in cosmetic surgery, prescription drug mistakes, birth injuries, surgical errors, and diagnostic errors.

Cosmetic surgery

 Today there are millions who undergo plastic surgery to enhance their beauty or to correct the shape or size of an organ. Though this is a very prevalent surgery it did not yet find a place in health care insurance. Thus many a time this has no sympathy to plaintiffs even though there is a certain kind of damage done.

Prescription drug error

Prescription errors occur due to the negligence on the part of the doctor, the nurse or health care staff who administers the drug, pharmacists who fill prescriptions, and not the least, drug companies and manufacturers.

The mistakes may be any one or more than one of the following ones. Prescribing or administering wrong drug, prescribing or administering wrong dosage, foresee harmful drug interaction, manufacturing and distributing defective or unsafe medications, etc., are all illegible prescription that led to wrong drug administration. As all the people related to the drug are responsible for the harm caused by the drug, every one of them can be held for mistake done.

Obstetric malpractices

During a child birth, if care is substandard, and the baby/or mother gets harmed, a legal claim can be adopted. Some of the common types of birth injuries stem from cerebral palsy, brain damage, fractures or even death. The medical procedures may be inadequately planned or right kind of skill not shown in handling the new born or even inability to react to an emergency such as a C section delivery.

Surgical or Diagnosis errors

In surgery cases, the doctor may accidentally cause damage to a nerve, blood vessel, internal organ or any other body part that results in severe injury and medical condition. Though this may not show up immediately, it can be a reason for medical claim, if proved.

Diagnosis can be misleading or in some cases delayed. In either case, the patient can file a medical claim if it is proved that this was the cause of damage done to the health of the patient.

Coffee and Car Accidents: A Deadlier Combination Than You Think

A recent study by Exxon Mobil Corp. reveals that at least 70 percent of drivers admit to eating while driving and another 83 percent admit to drinking beverages. While this may not seem like a big deal, eating or drinking while driving could be even more dangerous than texting. New statistics from the National Highway Traffic Safety Administration show that 80 percent of all car accidents and 65 percent of “close calls” are caused by distracted drivers, many of whom are munching or sipping rather than focusing on the road.

Coffee Ranks Number One
Of all the things you could eat or drink on the road, coffee is the worst, according to studies. Even with a travel lid on the beverage, the chances of coffee spilling when a driver hits a bump are high, and having scalding liquid land on your lap is sure to cause stress and slow down reaction times to dangers in the road.

Coffee and other hot drinks made the top of the list of most dangerous foods, but studies also indicate that burgers, tacos, hot dogs, fried chicken and doughnuts can also be dangerous due to the increased need for “hands-on” management of these types of foods. Even soda made the list due to the possibility of it spilling or fizzing while driving.

Distracted Driving Dangers
While a great deal of focus has been placed on texting and driving, there are other distracted driving factors such as food or drink that are largely ignored. The fact is that anything that takes a driver’s attention away from the road can be considered dangerous.

According to Distraction.gov, the government’s website devoted to the topic of distracted driving, the following can be considered activities that can take a driver’s attention away from driving long enough to be considered dangerous:

•     Texting
•     Using a cell phone
•     Eating and drinking
•     Talking to others in the car
•     Brushing hair
•     Applying makeup
•     Reading
•     Using a navigation system or GPS
•     Watching a video
•     Adjusting a radio, CD player, or MP3 player

Additionally, Distraction.gov offers the following frightening statistics:

• In 2011, 3,360 people were killed in distracted driving crashes. This number decreased slightly in 2012 to 3,328. However, the number of people injured in these crashes increased during that same time period, from 387,000 in 2011 to 421,000 in 2012.

• For drivers involved in fatal crashes who are under the age of 20, about 10 percent are reported as being distracted. The actual number may be much higher. About 27 percent of fatal distracted driving crashes involved drivers in their 20s.

While Distraction.gov focuses on cell phone use, particularly texting, the same dangers can be applied to eating or drinking while driving. Anything that causes distraction is a potential danger and should be avoided.

What If I Am The Victim of Injuries Caused By A Distracted Driver?
If you have been injured in an accident caused by a distracted driver, there are several things you should do immediately after seeking medical attention.

First, document and preserve any evidence you have that the driver was distracted. You may not know if a driver was texting, drinking, eating or otherwise engaging in dangerous behavior but if you have any indication this was the case, be sure to write it down. This may involve taking the names of anyone who was a witness to the crash.

Next, you can also talk with police officers who investigate the scene. If you think you are dealing with a distracted driving situation, ask the police officers to investigate fully.

Finally, talk to a personal injury attorney. If you suspect that the driver was distracted, you may need help protecting your rights and recovering damages from the driver.

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Three Signs You May Not Be To Blame for a Slip and Fall Accident

From the time you first hit the ground, others may have been trying to convince you that your fall injury at a Bay Park Square store, in a shop in the Olde Main District, or elsewhere in Green Bay was your fault. The store manager may have said something like, “Surely you noticed the water,” or the insurance adjuster may ask, “You were on your phone at the time you fell, right? How could you even see what was in front of you?”

Don’t Let Them Change the Facts

Do not agree to what they are saying and admit that you were negligent until you stop and think about the situation. You might not have seen the water or you may have been your phone. This does not necessarily make the slip and fall accident your fault. Instead, consider what really happened:

• Was any warning provided about the danger? For example, was there warning tape or a wet floor sign in the area?
• Was the danger open and obvious, or more subtle? Was it hard to see or easy to detect? 
• Had the danger been there for a long period of time? Was it a new problem that occurred shortly before your injury, or an ongoing problem?

If there was no warning, if the danger was hard to detect, and if the property manager knew about or should have known about the risk, then the accident might not have been your fault and you may be entitled to a legal recovery.

Know For Sure
Before you talk to the insurance adjuster or settle your case it is important to know what really caused your injury. To find out more, please start an online chat with us today. We would be pleased to provide you with a free consultation about your rights and possible recovery.