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What Happens If You Are Injured By An Uninsured Driver?

Thursday, March 30, 2017

An auto accident is already a disastrous event, but there is one thing that could make it worse –when the other driver doesn’t have insurance. However, the fact that they don’t have insurance doesn’t mean that you can’t get damages from them.

The usual situation when you encounter an uninsured driver is that they don’t have insurance because they can’t afford it. This means that if you take them to court for medical bills and property damage even if you win you may not get much compensation. The court realizes that they cannot make an individual pay what they do not have, but they can make them pay a set weekly amount that they can afford to cover your damages. If the uninsured driver fails to pay, the court can freeze their assets and generally force their hand.

Typically this is a poor situation for all those involved. The victims of the accident feels bad for suing someone without means to pay for the damage, and the negligent party becomes even more financially imperiled by the fact that they have to slowly pay back the damages. It really is a no-win situation, which is why it is so important to have insurance. An accident may make your premiums go up, but it is there to pay for damages when you really need it.

If you have been in an accident with an uninsured driver and need legal representation for your court case, contact us. We can make sure that your damages are paid without making the process more drawn out and painful than it needs to be.

Mistakes to Avoid After an Auto Accident

Thursday, February 23, 2017

Car accidents are one of the top personal injury accidents in the world, but even if the accident is a minor one, the costs can be major. However, it is not always the accident that can cause those involved to have to shell out tons of money, but the costly mistakes they make afterwards.

Failing to Gather Information

After an auto accident, we are not always in the right frame of mind or physically able to gather information from the scene. Luckily, that is what police on the scene are for. After an accident, especially if you are looking to file a legal or insurance claim, be sure to contact the police to get copies of their documentation.

Missing the Statute of Limitations

Most incidents, from accidents all the way to sexual assault, have a statute of limitations. However, when it comes to auto accidents, the statute of limitations is strict and with a short window. You only have two years to file a suit against the liable party before the statute runs out. That seems plenty long, but it can take awhile to prepare for filing, heal from injuries, and actually decide if you want to go to court.

Not Following Up with Medical Care

After an accident, many injuries require immediate care, but other injuries are not always so noticeable. If you don’t cite injuries when you file suit, you will not get any compensation for them. This is why it is important to go to your follow-up exams before filing a claim, so you actually get an amount that can cover all your injuries.

If you have been hurt in an auto accident and want to avoid any detrimental mistakes, contact us today.

Truck Accidents: Jackknifing Is A Major Concern As The Weather Turns And Roads Get Wetter

Thursday, December 29, 2016

With winter weather coming, you can expect the highways to get slicker and harder to navigate. You can also expect to see something else: more jackknifed 18-wheelers leaving injured people in their wake. Learn more about why this specific problem happens and what you should do if you become a victim of someone's carelessness.

What are the dangers of a jackknifed truck?

When an articulated vehicle has a cab attached to a trailer in the back by a jointed hitch, a driver that loses control of the truck can end up with the trailer folded up at a right angle from the cab, like a partially open jackknife. This can end up causing chain reaction accidents among vehicles anywhere in the truck's wake. The truck can even force smaller vehicles off the road or smash into other vehicles in its path.

What causes a truck to jackknife?

Most of the time, jackknifing is caused by nothing more than wet roads and driver error. A driver who isn't prepared to hit a slick spot on the road will put the brakes down on the drive axles too hard and too fast. The drive wheels will lock, stopping the cab, while the back end of the truck continues rolling forward.

A careful driver can prevent jackknifing by staying conscious of the weather as he or she moves through different areas and watching the road ahead. He or she can also prevent the problem through basic safety measures:

  • not tailgating and generally maintaining a safe distance from other vehicles, especially in wet or snowy weather
  • breaking slowly and carefully to avoid locking the drive axles 
  • slowing down in advance of turns, bends, ramps, and curves in the road, all of which require careful deceleration of the vehicle 

In addition, an experienced driver who realizes that his or her vehicle is swinging out of control should know to aim for the burn of the road, away from other vehicles, in order to minimize the potential injuries to others.

Why should you consider talking to an attorney?

Inexperienced drivers and negligence are the primary causes of jackknifing, which means that the truck driver and trucking company failed to take reasonable precautions to ensure the safety of others on the road. Other causes can include mechanical failure, which may indicate that the trucking company hasn't been properly caring for its vehicles, and loads that are improperly packed, which shift suddenly or provide too little traction on the back half of the truck.

If you're injured due to a truck that jackknifed, you may be suffering from serious injuries that can take a long time to heal or alter your life forever. In order to receive fair compensation, talk to an attorney who is familiar with the complexities of truck accidents and their causes. You may have to press a lawsuit against more than one person or company in order to be fairly compensated in the end.

Building Your Personal Injury Claim for Whiplash After an Auto Accident

Thursday, October 06, 2016

Sometimes it is hard to recognize at first, but whiplash isn't just for milking money out of a simple accident. If you experience any kind of neck pain after an auto accident, you may have a serious medical problem on your hands. While no one really likes to file a personal injury claim, when a driver's negligence puts you are risk for lofty medical bills, you need to file or suffer the bill yourself.

Seek Medical Attention Immediately

If you auto accident isn't severe enough to warrant paramedics, you still need to seek medical attention as soon as possible after the crash. Whiplash can set in later and the biggest mistake that victims make is to delay medical attention.

The longer you wait after an auto accident to get medical attention, the more difficult it will be to build your case. So just go in for a quick check up.

Keep Track of Medical Documentation

If you want to file a successful claim, you want to establish a paper trail through reputable doctors. The more injuries that can be backed up by medical documentation, the more can be paid out. However, do not try to pad your medical bills, it is never worth the potential trouble.

Be sure to have emergency room (or urgent care) admission forms and medical charts, x-rays, MRIs, CT scans, blood tests, doctors' notes, and documentation of any follow up treatment so that you can get proper payment.

Have you been in an auto accident in the Los Angeles areas where you suffered whiplash or other injuries? You may have some legal action available to you in order to cover your medical bills. Contact us today to see if Freeman & Freeman can help you.


What to do if You are the Victim of Auto Accidents

Friday, September 09, 2016

Tragedy can strike anywhere -- even California. And all of the cities in the state are full to the brim with drivers -- commuters, taxis, buses, public servants. All of that traffic can lead to some nasty situations, including ones where you get hit by a vehicle. This is a difficult situation to handle, so here are some steps to follow in the wake of the accident, so that you can maximize your health and well-being.

What to do if you are victim of an auto accident:

The first thing to do in the wake of an automobile accident as a pedestrian is to make sure that you are not in any physical danger. If you are hurt badly, you will be taken to a nearby hospital; if the hit was not as hard, simply do an internal checkup on yourself. If you are not seriously hurt, the driver should wait for you and exchange information; if they do not, speak to other witnesses who can help provide you with identifying information. That is name, contact information and insurance information.

The next important step is to make sure you know your rights -- as a victim, you are afforded legal options that you may pursue. If the driver is liable for the accident, you may pursue legal action against them.

This legal action is important because it protects your health and wellbeing. For instance, medical bills (if you are seriously injured) can be very expensive, and this is a situation where you could be reimbursed by the driver's insurance; if the insurance company is not very forthcoming, you may take the action to civil court.

It is important to note, though, that these legal actions are complicated, and if you want to be able to make the most of them to pay for your medical bills, you will probably need to hire a lawyer. Speak with your attorney to determine liability, damages and any other pertinent information for the case.

If you are in California and experience such an accident, please contact us -- we will fight to make sure you receive just compensation for your accident.



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Woodland Hills, CA 91367-7418

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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.