Car Accident Archive
Do I Need a Police Report?
The answer depends on the facts and circumstances of the particular accident. However, for most minor accidents, you may not need a police report. For example, if no one is injured, the damage is minor, and all drivers are insured, then a police report is probably unnecessary. In those cases, a simple exchange of information should be sufficient.
MediCare and MediCal and Other Liens
Clients are often surprised to hear their Medicare, MediCal, or TriCare benefits come with strings attached. These health insurance programs expect to be reimbursed for the reasonable value of any treatment you receive after an auto accident and you must make sure your attorney is aware of these benefits so that these liens are properly addressed.
Jury Nullification
The Daily Beast posted a very interesting article on jury nullification earlier this week. Jury nullification occurs when a jury disregards the law and delivers a verdict they feel represents real justice. In our legal system, juries serve only as “finders of fact,” whose role it is to determine the truthfulness of the evidence but not the application of the law to that evidence. It doesn’t always work out that way.
Comparative Fault
Comparative fault is the legal principle that more than one party can be responsible for causing an injury. This principle allows fault to be divided among parties. For example, in a 2 car accident, the driver whose car was rear-ended by another car may have braked unnecessarily, thus contributing to the accident. The driver whose car rear ended the car ahead of him may have been speeding or following too closely, thus also contributing to the accident. Based on all the evidence at trial, a jury could find the parties 50-50 responsible for the accident … or it could be 60-40 or some other number, depending on the specific facts.
The Contingency Fee Agreement
The majority of my clients are individuals and families fighting against well-funded, powerful insurance companies. In most cases, my clients have been injured as a result of someone else’s negligence. These clients come to me because the person who caused their injury has refused to accept responsibility for his wrongful conduct.
Why Lawyers Love Facebook
Lawyers love social networking sites such as Facebook and Linkedin because they can be evidentiary gold mines. Most people don’t think twice about posting personal information on these sites without realizing who may be viewing this information or how they may be using it.
AB 52 Passes Senate Appropriations Committee
AB 52 would protect consumers and businesses by giving the Insurance Commissioner the power to reject excessive health insurance rate increases. It is a very important step in controlling spiraling health insurance costs.
UT Discusses Cal Supreme Court Decision in Howell v. Hamilton Meats
For more info on last week’s disappointing decision from the California Supreme Court in the case of Howell v. Hamilton Meats, read Union Tribune reporter Greg Moran’s story.
Howell v. Hamilton Meats: A Disappointing Supreme Court Decision
Consumer rights attorneys across California were disappointed by today’s California Supreme Court decision in Howell v. Hamilton Meats & Provisions Inc. The Court’s decision dramatically changed the rules for lawsuits by injured persons. The new rules favor insurance companies over the injured person and slashes the amount of compensation that will be paid to injury victims who have health insurance.
Shocking Personal Injury Settlement Statistics
Recent insurance industry statistics show that 80% of all injury claims resulting from auto accidents settle for $5,000 or less, 90% settle for $15,000 or less, and that less than 1% settle for $100,000 or more.1
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