Category: Lawyer

Here is How to Get Your Car Fixed After an Accident in California

How to Get Your Car Fixed After an Accident in los angeles, California

You might be driving along the highway with your car, but the next minute your life suddenly changes. Anybody can be involved in a car accident at any moment. It takes just one instant to cause an accident: one glance at a text message, one driver suddenly weaving into your lane or one reckless decision by an intoxicated driver.

California Highway Patrol’s Statewide Integrated Traffic Records System SWITRS 2017-Report shows that 3,904 people died and 277,160 were injured in motor vehicle crashes in 2017. Many people find it difficult to navigate the vehicle repair process after a stressful car accident.

What steps should you take to fix your car if it was in an accident?

 

California Property Damage Insurance Claim

California car accident settlements can include both personal injury and property damage claims. California has several steps that can be taken to fix your car after an accident. This includes filing a claim through your insurance company for property damage, getting independent estimates, and choosing a collision repair shop that will do the work.

It can be overwhelming. It is important to understand your rights in order to receive full compensation. Your attorney will handle your property damage claim if you have hired an experienced car accident lawyer. These lawyers generally do not take any part in the property damage settlement.

Which insurance company do I file a claim with?

If you are the driver who caused the collision and they have sufficient insurance to cover your vehicle’s damages, you can file a third-party claim through their insurance. This is also known as a third-party insurance claim. If you are the one who caused the collision and have collision insurance, you can file a claim through your insurance company. If the other driver is at fault, you can file through your insurance. You will have to pay the deductible if you file a claim through your insurer.

Obtaining Auto Repair Estimates

After you contact your insurance company to file a claim, they will assign an appraiser or adjuster to assess the damage to your vehicle. The insurance company might suggest that you bring your vehicle to one of their preferred auto shops for an estimate. You should also contact a car repair shop to get an independent estimate for your vehicle’s repair. You should not authorize repairs to be started until your insurance company has assessed the damage to your vehicle.

California: Know Your Rights

It is crucial that you are aware of your legal rights regarding collision repair in California. In order to get a settlement, you are not required to use the auto repair facility recommended by the insurance company. You have the option to choose your own auto repair shop and still receive insurance compensation. If your vehicle sustains more damage during repair, your chosen repair facility should stop work immediately and contact your insurance company.

In addition, you have the right to insist that OEM parts (Original Equipment Manufacturer) are used for the repair of your vehicle. If your insurance does not cover OEM parts, you might have to pay the difference.

Gap Insurance and Your Totaled Car

If the repair cost of your vehicle exceeds the fair market value, the insurance company will pay less — the actual cash value (ACV). The vehicle is considered a “total lose” in this instance. You would still have to pay the lender any money you owe to a lender for the vehicle. It is very useful to have gap insurance in this instance to cover the difference or actual costs of replacing the vehicle

Hit-and-Run Accidents

Your insurance company may be able to file a claim against the other party for property damage if you are the victim in a California hit-and-run collision. Your collision coverage may cover your vehicle’s damages if the other driver is not identifiable. However, you will still need to pay the deductible. California’s hit-and-run law does not allow you to raise your insurance rates.

hit and run accident claims

Obtaining Car Accident Compensation for Your Injuries

You may be eligible for a financial settlement if you are injured in a car accident. This can be done through either filing an insurance claim or a civil lawsuit. Your car accident compensation amount will depend on how severe your injuries were, what losses you suffered, and who was deemed to have been at fault.

You should call 911 immediately if you are involved in a car accident that results in injuries. Even if your injuries are not severe enough for you to need an ambulance ride to the hospital, paramedics on the scene at or an urgent care center or hospital should still evaluate you.

This is an important step to document your injuries in case you need insurance or a lawsuit. You don’t want the insurance company to use your absence of immediate medical attention to claim that you weren’t actually injured or as severe as you claimed. You can still get compensation for medical expenses even if the accident was caused by an uninsured or uninsured driver.

Speak to an attorney FIRST

Not only will you need to notify the insurance company about your accident, but you must also inform them of the extent of your injuries. Insurance companies are known for trying to convince accident victims to accept lowball settlements when the victim’s claim will be worth more.

It is best to contact a personal injury lawyer who has experience in negotiating settlements for victims of car accidents before you talk to any insurance companies. Your lawyer will negotiate with insurance companies on your behalf to ensure you get fair compensation for car accidents.

Our Car Accident Personal Injury Lawyers in Los Angeles can help!

Car accidents cause injury, claim lives, as well as causing billions of dollars in property damage annually in the United States. The experience of being in a car accident can be traumatic and stressful.

John W. Stenson’s team of car accident attorneys can help you navigate the process of getting a settlement for your California car accident. John W. Stenson will provide expert representation so you are not left at the mercy of large insurance companies. We will do everything possible to make sure you get the maximum amount of compensation for all your losses, including any injuries or damage to your vehicle.

For a FREE consultation, contact us today using the online form or phone number below. We are available 24 hours a day to answer your calls!

Delivery Driver Accidents: Who is at Fault in California

Delivery Driver Accidents Who is at Fault in California

The popularity of food delivery and other services has increased exponentially since COVID-19’s emergence. It was already a growing business sector before the global pandemic of 2020. GrubHub and other services such as DoorDash and Instacart offer almost instant gratification for our gastric desires and quick delivery of products to homes and businesses.

Delivery services are a great convenience for our modern society. However, they can also pose a risk of personal injury and accidents. As a result, delivery driver accidents are becoming more fatal as revealed by a 2019 New York Times exposé.

You will likely have many questions if you are involved in a delivery driver accident. This applies regardless of whether the driver was wearing a uniform and driving a clearly marked delivery truck or whether they were an independent contractor such as a Grubhub driver or DoorDash driver. You will naturally want to find out who was at fault and which insurance company is responsible for covering your damages.

Common Causes of Food Service Driver and Delivery Driver Accidents

There are many factors that contribute to the increased risk of accidents involving delivery drivers.

  1. There are more delivery vehicles on roads: This is in response to an ever-increasing need for delivery services. There is a higher chance of collisions occurring due to the increased number of vehicles on the roads. Food delivery services often deliver at peak traffic hours, increasing the risk of accidents.
  2. Drivers are under intense pressure to meet strict delivery deadlines and deliver large quantities of products within a short time frame: This is another factor that has contributed to an increase in delivery driver accidents. One driver in Los Angeles County, working for a Delivery Service Partner, was told that they were being encouraged to use bottles to urinate rather than stopping to take a break. According to the National Highway Traffic Safety Administration, this extreme pressure can cause fatigue, distraction, and driving at an excessive speed. All of these are risk factors for getting into an accident.
  3. Minimally-trained labor force: Delivery services that allow individuals to operate as independent contractors and use their own vehicles have increased the number of vehicles on the roads. However, delivery drivers are often people with little training in driver safety. Amazon’s advertisement for delivery drivers clearly states that “no experience in delivery is necessary.” Business Insider reports that UPS spends more than $200 million annually on safety training for traditional delivery drivers.

 

Who is responsible for food service delivery and driver accidents?

Delivery companies are increasingly hiring drivers as independent contractors rather than employees. Delivery companies often hire delivery partners to use their personal vehicles for deliveries. They also require them to have their own insurance policies.

The delivery company may try to avoid liability if you are in an accident with one of these independent drivers. They might claim that the driver at fault was not an employee. The delivery company is responsible for the drivers. An experienced personal injury lawyer can help you seek fair compensation from all parties.

Personal Auto Insurance Policy for the Delivery Driver

You will file a claim with the driver’s personal insurance company if they were the at-fault party. Delivery companies often require that the driver’s personal insurance be exhausted first. This is especially true if they weren’t actively delivering food or parcels at the time of the accident.

California law requires that delivery drivers have minimum auto insurance policies. This means they must carry $15,000 in bodily injury coverage, $30,000 per accident bodily injury coverage, and $5,000 per accident property damage coverage. Your claim could be denied if your delivery driver didn’t notify their insurance company they were using the vehicle for commercial purposes. This is required by many individual insurance policies.

The Delivery Company’s Commercial Auto Insurance Policy

You can file a claim against the company’s commercial auto policy if the driver was not covered by inadequate personal insurance or was actively delivering food or other products at the time of an accident. Many delivery companies have a commercial auto policy or occupational accident insurance which covers their drivers while they deliver food or other products.

If the delivery driver is a traditional employee of the company such as a UPS driver driving a company-branded vehicle, they should be covered by the company’s commercial auto policy.

 

insurance policy

What are the steps to take after a delivery driver accident?

These steps will help you to gather as much documentation as possible if you are in a car accident involving a delivery driver.

  • Call 911 immediately – if the accident results in injuries.
  • You must file a police report – This is a crucial step in order to document your injuries and details about the accident. The police must file a report if anyone is hurt on the spot.
  • Get medical attention immediately – Not all injuries are obvious. You should be evaluated thoroughly after an accident. This is both for your safety and to document the extent of your injuries.
  • Contact information – Gather information from all parties involved, including willing witnesses.
  • Photograph important documents – Take photos of driver’s licenses, insurance cards, and car registration papers. Vehicle identification numbers and any other document that identifies the driver or service provider.
  • Photograph the accident scene – Include photos of the wrecked vehicles, injuries, weather conditions, road conditions, and the exact location of the accident.
  • Get in touch with a lawyer for car accidents – Contact an experienced lawyer immediately after the accident to discuss your rights.
  • Avoid admitting fault – For guidance, consult your attorney!
  • You can report the accident to your delivery service – Be sure to take this step under the guidance of your experienced food delivery accident lawyer.

An Accident Lawyer from John W. Stenson in Los Angeles can help!

Contact John W. Stenson, a personal injury lawyer for car accidents, if you were involved in a delivery truck accident, a Flex driver crash, or any other type of delivery service accident. We work tirelessly to ensure that each client receives the best possible outcome. You could be eligible for compensation for medical bills, lost wages, and pain and suffering as well as damages to personal property.

John W. Stenson is an experienced attorney who can help you navigate the complex liability issues that arise after a food delivery or Amazon accident. John W. Stenson’s experienced team of trial lawyers has successfully litigated numerous cases involving delivery driver accidents. Let us handle the insurance companies and delivery services so that you can concentrate your energy on recovery. John W. Stenson proudly serves clients throughout California and Los Angeles.

Contact us today at the confidential contact number or phone number below to receive a complimentary consultation about your case.

Why it is difficult to prove medical malpractice cases

Why it is difficult to prove medical malpractice cases

Medical professional negligence victims are entitled to compensation. Unfortunately, many victims of medical negligence do not receive the settlement they deserve. Medical malpractice cases are not easy cases. Personal injury cases are never considered “easy”, but because it is so difficult for medical malpractice cases to be proven negligent, it is one of the most complicated areas of personal injury law.

What the Plaintiffs Need to Prove in Medical Malpractice Cases

A plaintiff must prove several elements in order to obtain compensation in a case involving medical malpractice. First, the plaintiff must prove that the defendant had a doctor-patient relationship with the plaintiff. This can be easily proved by medical records that prove the defendant was the plaintiff’s healthcare provider at the time of the medical error or other medical negligence.

This is the most difficult element in a case of medical malpractice. In a malpractice case, the plaintiff must prove that the defendant failed to provide the same level of care as another doctor in similar circumstances. Simply put, the plaintiff must prove that the defendant, whether a doctor, nurse, or another medical professional, made a medical error that a competent provider would not have made in those circumstances.

To win a case for medical malpractice, it is necessary to prove negligence. To win a medical malpractice case, the victim must prove that their injuries were caused by negligence on the part of the healthcare provider. These three elements must all be proved by “preponderance evidence”, which means that the jury must believe they are more likely to be true.

 

These Factors Make It Hard to Prove Liability in Medical Malpractice Cases

It is difficult to prove the three elements of a case for medical malpractice. It is difficult to prove medical malpractice liability due to a variety of factors, including:

Complex Evidence

Medical malpractice cases can be complex. People without medical backgrounds may struggle to understand the evidence. Even though the evidence is relevant to their healthcare, even the injured patient will struggle to understand it.

Medical malpractice cases can be difficult to prove because of the complexity of the evidence. Imagine how difficult it will be for a jury to understand complex medical evidence in a medical malpractice case if an injured patient is unable to understand their healthcare issues and medical records. Expert testimony witnesses are often used by attorneys to simplify complex evidence and make it understandable for jurors. It is possible for jurors to misunderstand some evidence regarding medical treatment and choose the defendant.

It isn’t very entertaining to listen to someone discuss complex medical records. The jury members may have difficulty paying attention to testimony from the medical expert because of this. They could lose important information if they allow their minds to wander.

Not having expert witnesses

Expert witnesses are crucial in cases involving medical malpractice. It can sometimes be difficult to find an expert witness willing to testify against a colleague doctor. Many in the healthcare industry would prefer to support their colleagues rather than oppose them in front of a large crowd. The best medical malpractice lawyers will be able to tell you who to call when expert testimony is required.

The Cost

In most cases, personal injury lawyers pay for the expenses incurred during a case. The client then gets reimbursed with the settlement or courtroom verdict. Medical malpractice expenses are usually more expensive than other cases involving personal injuries. These expenses may be too expensive for some attorneys, so they might not have the resources they need to help their clients.

Juries Favor Doctors

Research has shown that juries are more inclined to support the doctor accused of malpractice than the victim. However, this does not mean it is impossible to win a jury trial. Studies have shown that juries will support the plaintiff if the case is presented in a manner that makes the malpractice appear obvious. The jury might give the physician the benefit of the doubt if the error is not obvious.

Linking negligence and Injuries

The plaintiff must prove to the jury that the doctor’s negligence caused the injuries. It is difficult to establish a link between your injuries and the doctor’s negligence. The defense will likely argue that there were many other factors that could have contributed towards the plaintiff’s medical malpractice claim and that the injuries they sustained were a “known danger” and that the plaintiff received informed consent to document these known risks.

A Medical Malpractice Lawyer can help you

Are you a victim of negligence by a healthcare provider? John Stenson is available to help you if you have been injured by a negligent healthcare provider at their medical facility. A medical malpractice case is difficult to win, so it’s important to have an experienced personal injury lawyer on your side.

Our medical malpractice team will tirelessly work to build a strong case to prove that your healthcare provider was negligent and caused your injuries. We will then fight for the non-economic and economic damage you deserve. California is our home, and Los Angeles is where our offices are located.

Contact us today to schedule a FREE consultation. You can either call the number below or fill out our online form. If we win, you don’t pay any fees.

 

What is a Contingency Fee?

What is a Contingency Fee

Fees for Personal Injury Lawyers – Accidents and Lawsuits

A contingency fee is the most popular type of personal injury lawyer fee in California. This means that the lawyer’s fees are a percentage of what a client agrees to pay once their case settles. There is no upfront payment. Contingent means that the lawyer will not receive any compensation for their time representing you if there is no money recovered.

Fee Structure and The Law

Section 6147 of The Business and Professions Code mandates that lawyer fees agreements must be in writing and that they can be negotiated. The percentage that a lawyer charges will vary depending on who is representing you, the type of injury, and the nature of your case.

Why Pay a Contingency Fee?

Injuries claims of merit are prioritized by contingency fees

Personal injury lawyers will not risk their time or money on cases with little chance of success. Most people who are injured want to know from the beginning whether their case is meritorious. A lawyer who refuses to accept a case on a contingent-fee basis is a sign that the case does not have merit. Talking to other lawyers about your case is a smart idea.

It allows victims to get valuable legal help even if they are unable to afford it

Unexpected expenses can result from an accident, which can reduce a victim’s earning potential. These bills can often be more expensive than the victim’s insurance benefits. If they don’t have any insurance, it can become overwhelming. Many people who are injured do not have the funds to pay a retainer or hourly fee for a lawyer. Insurance companies have great resources and pay their lawyers generously for their time.

It eliminates financial risk if you lose your injury case

The lawyer doesn’t earn a fee unless money is collected from a settlement. The lawyer does not get paid if no money is collected. Clients are responsible for paying any fees to the lawyer. This should be clearly stated in the signed agreement between you and your lawyer.

no fee no win

Contingency Fees Encourage the Best Results for the Client

A contingent fee gives the lawyer the best incentive to achieve results. The more money they get for you, the more they will earn. The contingent fee also gives the lawyer an incentive to get the case resolved as quickly as possible. Insurance lawyers work hourly and are motivated to spend as much time on each case as possible.

The Contingency Fees Allow You to Focus on Recovery

A contingency fee is the best option for most clients when it comes to personal injury lawyer fees. Because it is mutually beneficial, it promotes a healthy client-lawyer relationship. Clients can be sure that their injury lawyer will work hard to achieve results. Their lawyer will fight for them. They can concentrate on their recovery.

Our Lawyers are Here to Help

Insurance companies are constantly trying to lower, control, or eliminate contingency fees. It is the only fee arrangement that allows accident victims to hire experienced lawyers to defend their rights. A contingency fee is a fee that covers the cost of legal representation. Without it, most people would not be able to bear the financial burden or risk of seeking legal assistance. It also makes it very difficult to get the best settlement.

California Personal Injury Lawyers

John W. Stenson Accident & Injury Lawyers have helped victims of motorcycle accidents and car accidents. Since the beginning, our company has offered free legal consultations to all clients. We believe that everyone should understand what they are getting into when filing a personal injury case. We are here to help you if you have been hurt in an accident.

 

Contact Us Today!

What are the Statues of Limitations For Personal Injury Law in California?

how long to file a claim in ca

Do you know the time limit that California law allows you to file a personal injury case? You will lose your right to recover damages if you delay. It is essential to understand the California statutes of limitations regarding personal injury law. California law can be overwhelming for individuals trying to understand the complex legal language, stipulations, and limitations that govern what you can and cannot do. Hann Law understands that this can be overwhelming.

This article will explain the statute of limitations, the exceptions to it, and other information that will help you be better prepared to file a personal injury lawsuit in California.

What is the statute of limitations in California?

Personal injury lawsuits are barred for two years after an accident or injury occurs in California. There are exceptions to this rule, but the default is two years. Your legal rights to sue another party end after that time.

Although two years may seem like a long time, it is essential to contact a personal injury lawyer as soon as possible in order to start the process and protect your rights. Your case can be filed faster if your attorney has the evidence.

What if the statute of limitations has expired? Can I still sue?

Even if the statute has expired, you can still file a personal injury lawsuit. However, it is almost always impossible to succeed. This is because defendants will often use expiration to dismiss a case. Except for some exceptions provided by state law, there is no way to alter this.

Additionally, settlements are subject to the personal injury statute. The law prohibits you from seeking damages for more than two years. You will not be able to sue the defendant if you do not settle within that time frame.

ca statue of limitations

What are the exceptions?

California recognizes that you may not be able to file your legal claim within the time limit. Some situations may allow you to extend the time limit or delay the start of the two-year statute of limitations to preserve the fairness of the statute.

This is the most common. This rule applies to situations in which you don’t know you’re injured immediately or that another party’s negligence caused your accident. In these cases, the statute begins to run when you realize you are injured or learn of the negligence of another party.

The second type of extension is if the defendant of your lawsuit leaves the state prior to your filing. The lawsuit cannot proceed because you are unable to serve the defendant. The statute of limitations ceases to apply if the defendant is not in California. If the defendant returns to California, they could be subject to additional legal problems.

A personal injury lawyer will first review your case and determine if there is a valid claim. They can also determine if any extensions may be available to you to allow you to file. There are many extensions available, which can be used to cover a variety of situations. An experienced attorney will help you keep up to date with the situation and identify any issues as they occur.

How about suing a government entity?

California’s state and local governments can make personal injury claims. However, they work differently. Your injury must first be due to negligence by the entity. You may be injured by a badly maintained government building. A second requirement is that your lawsuit follows a certain sequence of events.

You should file an administrative claim before you can file a personal injury suit against the government. This is the first step to all other claims. You must file it within six months of your injury. After you have filed, the entity has 45 days to respond.

You can file a lawsuit against them if they do not respond within two years from the date you sustained your injury (the standard statutes of limitations). You can file a lawsuit even if they deny your claim. However, you must file it within six months.

Are malpractice claims included in personal injury law?

Although medical malpractice cases can cause personal injury, they are treated as a separate type of case by the law. They have their own statute of limitations, one year instead of two, and are subject to unique restrictions.

You should ensure that your lawyer is experienced in handling malpractice cases if you are considering suing. While malpractice claims are similar to personal injury claims in many ways, they can also have significant differences.

medical-malpractice-ca

John W. Stenson Law Office can help

John W. Stenson Accident and Injury Lawyers in Los Angeles can help you if you’ve been hurt in an accident in California. We are here to assist you. We offer a thoughtful approach to personal injury cases. We help you get the compensation that you deserve while you concentrate on your recovery. We are experienced litigators who know how to win. Contact us today to learn how we can help get you the justice that you deserve.

 

What is the Average Payout for a Soft Tissue Injury Lawsuit?

What is the Average Payout for a Soft Tissue Injury Lawsuit?

An average soft tissue injury payout is $2,500 to $10,000 for whiplash; $15,000 for ankle strains; $20,000 for shoulder injuries; and $100,000 to $350,000 to treat herniated disks. However, individual cases are likely to vary greatly, so it is crucial to consult a Los Angeles personal injury lawyer. They do not charge an upfront fee for their services. Instead, they take a percentage of the settlement or jury award. This will leave you with more than what you would have received if you had filed pro see.

Soft tissue cases can be difficult to value

               Soft tissue cases can be difficult to pursue due to many factors:

  • Failing to seek medical attention immediately – There is no waiting around for a broken bone. You should immediately go to the hospital. Soft tissue injuries can be quite minor at first, but they will become more severe over time as swelling increases and stiffens.
  • Absence of medical evidence – Unlike severe injuries, which can be seen with diagnostic imaging such as CAT scans and X-rays or MRIs, complications like inflammation or immune reaction are difficult to see or predict.
  • Direct causation – The other side will try to claim that your injuries are due to a “prior medical condition”, an old accident, chronic workplace stress injury, or some other type of “prior medical condition”. Many people have attempted to cheat the system by filing fraudulent soft tissue injury claims. This makes it difficult to file legitimate claims.
  • Complex treatment – A person can be fixed with surgery or direct fixation if they can comply for a year. Activity restrictions, physical therapy, and other treatments will not be necessary.

               You can get maximum benefits for your expenses through meticulous documentation, expert testimony, and aggressive legal strategy.

Soft tissue insurance has been a tough subject for insurers in the last 20 years

Insurers have been able to restrict adjusters’ negotiation abilities and deny soft tissue claims for the last few decades. Adjusters are trained to offer the lowest initial settlement offer, even in cases where there is a clear liability. An adjuster may not be allowed to make an additional offer after the case file has been sent to defense counsel for preparation for litigation. Due to the low payouts, many personal injury law firms have opted to ignore soft tissue cases because of this rigid system.

soft tissue damage

Worse, an early evaluation of soft tissue injuries leaves little space for future considerations if the injury doesn’t heal as expected. One meta-analysis of 31 ankle injury research studies found that 64% of patients hadn’t fully recovered within three years. A quarter of the patients experienced instability. 34% of patients had to sprain their ankles. One-third suffered from residual pain.

To make an initial offer, insurance providers often use a highly-secured computer scoring system. For instance, Allstate uses Colossus, which factors in a number of variables – the type of injury, your geographic location, and similar settlements/verdicts. The computer does not consider individual complexities, such as how you feel pain, your work, and other conditions that may be exacerbated.

Do you accept an offer for soft tissue injury or go on trial?

It’s easy to see the problem this way: If the insurance system worked well, then there wouldn’t be any need for personal injury attorneys. A computer cannot provide the same level of thoughtful decision-making as a human brain. If the case is solid, we may see a Colossus offer at $6,500 with some change. This might go up to $12,000-$15,000 if there is significant property damage or a history of medical problems. If lifestyle and future pain and discomfort are considered, an ideal scenario such as this could fetch $800,000.

Although it is not easy or quick to press for a trial in your case, a jury will offer the compassionate approach that you need in assessing your losses. A jury trial can be difficult and emotionally draining for some people. However, if your case involves minor property damage or significant medical history, it may be a better option to settle for $7,500 or $10,000 than go to trial.

Persuading the jury to award complete compensation

Soft tissue injuries are not easy to treat in trials. It is still unfair to assume whiplash is “a minor pain.” Jurors need to be able to see the world clearly through the eyes and perspective of the plaintiff. They must also be able to recognize the loss in the enjoyment of life due to this injury. The best personal injury lawyers take the time to get to know their clients and prepare them for trial. They inform clients about the potential risks of trial and how they can help them negotiate a settlement. They examine the medical evidence, accident scene photos, and other tangible evidence. However, they also have the ability to persuade clients by considering the subjective factors that can change a plaintiff’s life, possibly forever.

trial by jury for injury case

Don’t allow the insurance company to discredit you or your loved one if you have suffered a soft tissue injury in Southern California within the last two years. For a free consultation, contact John W. Stenson for your next Los Angeles personal injuries lawyer.

What is a Hazardous Condition at Work? Who is Responsible?

What is a Hazardous Condition at Work? Who is Responsible?

 

Employers must provide safe working conditions for their employees, according to federal and state law. When you hear the phrase “hazardous conditions”, it is usually referring to workplace hazards. Employees can report unsafe work conditions to their employer, the state, or the Occupational Safety and Health Administration. It doesn’t only apply to the workplace. Property may also have hazardous conditions. Any injuries that result from a hazardous condition on the property are the responsibility of their owner.

What is a hazardous or dangerous condition?

Anything that could be dangerous, injure, or have negative health effects for someone or something is considered a hazardous condition. A hazardous condition could pose a danger to the property. This includes water, ice, snow, water, uneven flooring, or poor lighting. These conditions can cause slip and fall accidents and pose a danger to your health. The same hazards exist when it comes to workplace safety. Depending on the type of business, there is more chance for dangerous conditions at work. Slips and falls can occur in restaurants due to spilled liquids or uneven flooring.

Who is responsible for hazardous conditions?

Depending on the location of the hazardous condition, will determine who is responsible. If it is private property, the owner is responsible for fixing the hazardous condition. The employer is responsible for keeping the workplace free from hazardous conditions.

work injury case los angeles

California Hazardous Conditions

Along with federal laws, state laws also regulate workplace safety. Cal/OSHA is California’s state division of occupational safety and health. It states that employees have the right to work in a safe environment. Workers should also take any training that teaches them how to identify and report hazards. There are different levels of safety. It is important that you inform your employer if there is a danger so they can deal with it. Employers cannot retaliate against employees for any reason.

 

You have the right to refuse hazardous work

California, like many other states in the US, allows employees to refuse to work if they feel it is unsafe for their health or safety risk. However, this does not mean that employees must leave the premises. To ensure the work is safe, there are two requirements. The first is that the work is in violation of Cal/OSHA regulations. The second is that it is a “real, apparent” danger to employees. First, let your employer know about the problem and allow them to correct it. If the employer fixes it, you can return to work. Employees can contact Cal/OSHA to report the hazard.

 

Filing a complaint

Cal/OSHA may be contacted to report a workplace hazard if the employer fails to fix it and you are still expected to work. You only need to give the address and name of the employer, the exact location and time of the hazard, and a description of the hazard. The employee will either notify the employer by mail or go to the workplace to investigate the problem.

 

Anywhere can be dangerous. It is important to address it quickly so that nobody gets hurt. This is not always possible and can lead to injury. Personal injury lawsuits can be filed if there is a direct injury that is related to a hazardous condition. If these hazardous conditions were not known of and not corrected, the injured person may be entitled to compensation for lost time at work or medical expenses. To ensure others are protected and help with their injuries, it is important to include a personal injury lawyer in your team.

 

Do I Really Need a Personal Injury Lawyer?

Protecting your rights to fair and full compensation

 

 

Los Angeles residents have rights if they are injured. It is important to choose a skilled and experienced personal injury lawyer in order to protect your rights. It can be difficult and even hostile to file a claim for compensation. The person or entity responsible for your injuries or their insurance company will look out for their interests more than yours. They will use your ignorance and experience to stop you from getting the justice you deserve. You may not realize that you need an attorney.

 

The Law Firm of John W. Stenson has many years of combined experience in handling personal injury cases in Los Angeles and Southern California. We are familiar with the details of personal injury law. Every day, we take on corporate defendants and insurance companies. We are passionate advocates for our clients in order to get the maximum compensation for their losses and injuries. We are skilled negotiators, and when a fair settlement is not reached, we represent our clients in court.

We handle everything while you recover from your injuries

 

You don’t want to deal with all the paperwork after an accident or injury. Instead of dealing with insurance companies, dealing with them (and worrying about whether they are being fair to you), investigating your claim, gathering evidence, figuring out what your rights may be, and proving your losses, this is the time you need to heal from your injuries and make arrangements for your personal life. Not only do they handle all of these tasks but they also know how to efficiently accomplish them. While you are regaining control of your life, we work in the background. We are available to answer all your questions and concerns. We understand that this can be a stressful time and we want to help you get through the difficult aspects of a personal injury case.

 

You can be sure that your case will be handled in the fairest and most just manner by having our Los Angeles personal injury team behind you. Your personal injury lawyer will:

 

  • Notify your insurance company about the accident and the insurance company responsible for the responsible party.
  • Decide whether you want an insurance company to review your recorded statement
  • Help facilitate repairs to your car and the provision of a rental car in a case involving a collision.
  • Explain the coverage of the insurance policy
  • Answer questions about medical care options
  • Investigate the causes of the accident
  • Keep evidence such as witness statements, footage from scene surveillance, and other physical evidence.
  • Document any claim for lost earnings due to your injuries
  • Get your billing statements and medical records
  • Send a claim to the insurance company of the responsible party
  • Negotiate for you
  • If necessary, file a lawsuit and go to trial

We will not allow insurance companies to take advantage of you

 

When an accident is reported to insurance companies, their representatives will jump at the opportunity to contact you. This happens before you have retained legal counsel. They will attempt to get your recorded statement and offer inadequate compensation. To persuade, they will appear friendly to you. Remember that these insurance companies make their profits by paying claimants money. They are in the business of withholding money. Our personal injury lawyers have the experience to fight their tactics and protect your rights to fair and full compensation.

 

In a free consultation, let us explain the entire process to you

 

We take great pride in the fact that we promise to pay personal attention to every client and their case. John W. Stenson will give you a free consultation and answer all your questions. We’ll also explain the process and exactly what we do. Contact us at the Los Angeles office at (310) 846-1709. We accept cases on a contingency basis. This means that we only get paid if we collect money.

FAQs on Hiring a Personal Injury Lawyer in Los Angeles

How much does a personal injury lawyer cost in California?
In California, a common “contingency fee” percentage charged by an attorney would be 33.33% or one-third of the amount of the settlement obtained or verdict awarded to you by the court. However, a legal professional’s rate can range from 25% to 75%, depending upon a number of factors.

What does a personal injury lawyer do?
Personal Injury Lawyers are types of Litigators who provide legal advice and representation to clients who have sustained a physical or psychological injury, as well as financial loss, after falling victim to the carelessness or negligence of an individual or organization.

What is the standard contingency fee in California?
A typical contingency fee percentage is anywhere from 30 to 40% of your recovery.

What comes under personal injury?
Common types of personal injury claims include road traffic accidents, work accidents, tripping accidents, assault claims, and product defect accidents (product liability). The term personal injury also incorporates injuries arising from medical and dental care, which may lead to medical negligence claims).

What is a personal injury claim?
‘Personal injury claim’ refers to the legal action taken by a person after they have been involved in an accident or injured because of the actions/inactions or negligence of a third party.

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Can I Sue My Employer for Being Injured at Work?

Employers are generally unable to sue employees for work-related injuries. There are exceptions to this rule. California’s workers’ compensation law requires employers to cover employee injuries, regardless of fault. Employers are protected from personal injury lawsuits by workers in most cases. However, there are exceptions to this rule. In some cases, injured workers may sue their employers for lost wages and or damages.

EMPLOYER IMMUNITY EXCEPTIONS

California’s workers’ compensation laws prevent employees from suing employers for work-related injuries. Workers’ compensation laws provide “employer immunity”, which means that employers are required to pay workers’ compensation benefits regardless if employees are at fault.

 

Employer immunity is not absolute. However, there are exceptions. These are just a few examples of situations where you might be able to sue your employer.

 

  • Your employer willful assault of another employee caused you to be injured.
  • Your employer’s fraudulent or wrongful concealment of your injury, and the connection to your employment, caused your injury to become worse or more severe.
  • Your employer had a defective product, and you were hurt by it.
  • Your employer didn’t have Workers’ Compensation Insurance as required by law.
  • The machine guard or safety feature was removed. This applies when a worker is injured or dies because the employer knew to remove or fail to install a point-of-operation guard on a power press. This may create the possibility of serious injury or death for workers, therefore the employer must have specifically authorized the removal or failure of the installation.

 

WHAT TO DO IF YOU ARE SUSPENDED FROM YOUR JOB?

You may be able to file a lawsuit against the employer if you are injured while on the job. These are the steps you should take to determine if you can sue your employer.

  • Workers’ compensation eligibility. If you have been hurt on the job, the first thing you should ask is whether you are eligible to receive workers’ compensation benefits. You may not be allowed to sue your employer if you are eligible. In such cases, it is crucial that you file a claim for benefits.
  • Medical evaluation: This will require you to provide evidence of the extent and cause of any injuries sustained on the job. It is crucial that you seek a complete medical evaluation as soon as possible. To maintain your workers’ compensation eligibility, you may need to visit a doctor that your employer has approved.
  • Details about an accident: Keep as much detail as you can about the incident. It is easy to forget important details. Rich detail gives you a greater advantage.
  • Contact a Lawyer for your work injury: An experienced lawyer with a track record in representing injured workers is crucial.

 

ARE YOU OFF THE CLOCK AND INJURED?

If you are not working at the time of your injury, is it possible to sue your employer? In most cases, the answer is no. There are exceptions. You may be eligible for workers’ compensation benefits if your commute to work is not considered “on-the-job”.

You may also be eligible for a settlement for work-related injuries even if the accident occurred away from your employer’s premises. You might be eligible for compensation if an accident happened on a company trip.

HOW TO GET COMPLETE COMPENSATION

You may be eligible for workers’ comp benefits or can sue your employer under one of the above exceptions. However, if your injuries were caused by someone other than your employer, you might also be able to pursue a third-party personal injury claim. Subcontractors, contractors, property owners, negligent drivers, manufacturers, and distributors of defective goods are all common defendants in third-party cases, as California’s workers’ comp law does not apply in these cases. However, any person or entity responsible for your injuries can be sued.

 

STATUTE OF LIMITATIONS

The statute of limitations is the time limit within which a lawsuit can be filed. California’s statute of limitations for personal injury claims is usually two years after the injury occurred. The statute of limitations for personal injury claims can vary depending on the lawsuit type. It is therefore important to consult an experienced Los Angeles work injuries lawyer as soon as you can.

 

PERSONAL INJURY LAWYERS IN LOS ANGELES

It is crucial to schedule a consultation with an experienced lawyer if you or someone you love has been injured at work in California. We have a long and proven track record of helping workers injured in accidents to protect their rights and obtain maximum compensation. We can help you evaluate your case, whether you were hurt at work, on the job, or by another person.

WORK INJURY LAW FAQs

Can I sue my employer for an injury on the job in California?
Employees typically cannot sue their employers for work-related injuries. However, it is important to remember that there are exceptions. Workers’ compensation laws in California require employers to pay for employee injuries regardless of who was at fault.

How long do I have to sue for work-related injuries in California?
The statute of limitations — the period of time to file a claim for California’s workers’ compensation claims is one year from the date of injury. For cumulative trauma, the statute of limitations begins when an employee discovers an injury and either knows or should have known that it was caused by work.

What happens if you get hurt at work in California?
Get emergency treatment if needed. If it’s an emergency, call 911 or go to an emergency room right away. Tell the medical staff that your injury or illness is job-related. If you can safely do so, contact your employer for further instructions.

What is the maximum workers’ compensation in California?
For 2020, the maximum is $1,299.43 per week, while the minimum is $194.91. However, these amounts will be different for people who were injured before 2020; for two years after the injury, you’re locked into the maximum TD payment that applied to your injury date.

Can I sue my employer for negligence?
How to Sue Your Employer for Negligence. You must gather as much evidence and proof as possible in order for a negligence claim to be successful. With this said, there are specific steps that must be taken prior to filing your claim which include trying to resolve the problem directly with your employer.

Can you apply for unemployment after workers comp settlement in California?
It is possible to collect unemployment after a workers’ compensation settlement, but oftentimes a resignation letter will become part of the settlement deal. If you signed off on the resignation letter then you will no longer be able to collect unemployment.

 

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