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Essential Steps to Take After a Car Accident
Car accidents can be overwhelming and traumatic experiences, leaving you uncertain about what to do next. Knowing the essential steps to take immediately following an accident can help protect your rights and ensure proper medical care.
Immediate Actions at the Scene
ACCIDENT SCENE:
- Call 9-1-1. It is critical to call the police immediately as law enforcement will document and report how the accident happened, and the injuries sustained and will obtain any witness information that will be critical to your case in the future.
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- In Pain? If you are experiencing any pain or discomfort at the accident scene, be sure to inform the officer of such pain. Remember that you will likely be full of adrenaline, which can mask feelings of pain. So, you should err on the side of caution and communicate anything that feels abnormal to you.
- Ambulance? If you are in ANY pain or discomfort after an accident and the paramedics or police officer asks you whether you want to be taken to the hospital by ambulance, say YES. If you deny an ambulance and later learn that you sustained injuries, the insurance can later use your denial against you.
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- Other Driver’s Information. Be sure to take photographs of the other driver’s license, insurance information, license plate number, and any other identifying information.
- Photograph the Evidence. Take photographs of the accident scene, your vehicle, the other drivers’ vehicle(s), the roadway/intersection, any blind spots, and anything else you might think may be important.
MEDICAL TREATMENT
- Day of Accident: If you’re not taken by ambulance from the accident scene, visit the ER or Urgent Care immediately to be assessed for any possible injuries.
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- Be descriptive when speaking to the doctor. All details help your case. It’s better to be overly descriptive than to leave out critical information that can assist your doctor.
- When speaking of a doctor about the accident, describe how the accident occurred, how your body moved during the impact, what parts immediately hurt and what parts are now sore, etc…
- It is a good idea to call your primary care doctor while waiting to be seen at the ER. Your primary care doctor likely will not be able to see you for a couple of days, maybe weeks after the accident. So, it is critical to call them ASAP to get a visit date scheduled.
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- Additional Medical Visits: If you have not already, call your primary care doctor to schedule an appointment. ER and Urgent care facilities will likely not provide ongoing treatment, only emergency treatment. Accordingly, you will need to see your primary care doctor for additional, follow-up care.
- No Primary Care Doctor or Health Insurance? Contact our office attorney at (951) 688-7000 as our attorneys can refer you to a medical professional.
INSURANCE
- Insurance Conversations:
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- Other Driver’s Auto Insurance: If the other driver’s insurance contacts you, do not speak to them. Tell them that if they have any questions, they can speak to your attorney.
- Your Auto Insurance: Immediately after the accident, contact your insurance company to report your involvement in the accident. Be sure to ask them for your “Declaration page”, which outlines the kind of insurance you had at the time of the accident. Once received, send it to your attorney for review.
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OTHER EVIDENCE
- Ongoing Evidence: Due to the accident, you may have cuts, bruises, and other marks on your body that will hopefully go away in the future. It is important to take photos of these visual injuries before they go away. The insurance company may deny that you suffered these visual injuries if you do not preserve the evidence.
- Diary Log: Be sure to keep a diary of any abnormal symptoms you experience. For example, nausea, vomiting, and sensitivity to light can be signs of a concussion or brain injury. It is important that you note any abnormal feelings you experience so that you can communicate each symptom to your doctor.
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- Example Log: “On July 1st, 2024, I saw my chiropractor and advised them that I have been experiencing a numbness and tingling sensation in my right arm.”
- Other Log Info: This log is also not limited to medical visits. It could also be day-to-day life for example, “I was not able to ride my Harley Davidson this Sunday because of the pain in my back.”
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- Traffic Collision Report: Assuming an officer came to the scene of the accident, a traffic collision report will likely be created, noting the facts and evidence of the accident. These reports take time, sometimes weeks or even months before they are completed. Please occasionally call the police or sheriff’s department to obtain your report. You should have been provided a report number by a law-enforcement agent either at the scene of the accident or at some later time.
Call my office if you have any questions regarding the above. The firm’s number is (951)-688-7000.
- Call 9-1-1. It is critical to call the police immediately as law enforcement will document and report how the accident happened, and the injuries sustained and will obtain any witness information that will be critical to your case in the future.
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What to Do After a Slip & Fall Accident
So, you’ve been injured from falling or some dangerous area or condition. What are the first things you should do?
The steps to take depend on where you fell. Two common locations of a slip and fall are either at a private establishment (restaurant, shopping center, business, etc.) or a public area (sidewalk, street, parks, playgrounds, public beach, etc.) The steps differ depending on the location, as outlined below:
Immediate Actions to Take
PRIVATE ESTABLISHMENT (Ex: Restaurants, shopping centers, private businesses):
What do I do at the Incident Scene?
- Call 9-1-1. It is critical to call the police immediately as they will document and report how the incident happened, whether anyone sustained injuries, and obtain witness information that will be critical to your case in the future.
- Contact the Manager. It is critical to inform the establishment of the incident and your potential injuries. Locate an employee or manager at the incident scene to inform them of what happened.
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- Ask for an Incident Report. Asking for an incident report will allow your attorney to have a clear understanding of liability and show that an accident did occur in that establishment. Once the incident report is filled out ask for it to be signed by the manager on duty and ask that they provide YOU a copy of the incident report at the accident scene. The establishment will likely not give you a copy of the incident report if you do not obtain it on the day of the incident.
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- Photograph the Evidence. Take photographs of the accident scene, the position where you fell, and any posted signs (if any), such as “Wet Floor” or “Step Down” etc.
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- Surveillance Cameras: There’s a possibility that there was a camera that captured the incident. Be sure to take a photograph of the camera and it’s positioning so that your attorney can request the footage later.
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- Establishment Information. Be sure to take photographs of the establishment’s license to operate, insurance information, and the manager’s name, number, and possibly employee ID.
- Say YES to the Ambulance. If you are in ANY pain or discomfort after the incident and the paramedics or police officer asks you whether you want to be taken to the hospital by ambulance, say YES. If you deny an ambulance and later learn that you sustained injuries, the defendant can later use your denial against you.
PUBLIC AREA (Ex: sidewalk, public park, public beach, playground, etc.)
What do I do at the Incident Scene?
- Call 9-1-1. It is critical to call the police immediately as they will document and report how the incident happened, whether anyone sustained injuries, and obtain any witness information that will be critical to your case in the future.
- Photograph the Evidence. Take photographs of the accident scene, the position where you fell, any posted signs or marking (if any), such as colored markings on the sidewalk or any other posted warnings that relate in any way to the area or condition that caused your injury.
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- Surveillance Cameras: There’s a possibility that there was a camera that captured the incident. Be sure to take a photograph of the camera and its positioning so that your attorney can request the footage later.
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- Say YES to the Ambulance. If you are in ANY pain or discomfort after the incident and the paramedics or police officer asks you whether you want to be taken to the hospital by ambulance, say YES. If you deny an ambulance and later learn that you sustained injuries, the defendant can later use your denial against you.
MEDICAL TREATMENT
- Day of Accident: If you’re not taken by ambulance, visit the ER or Urgent Care immediately to be assessed for any possible injuries.
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- Be descriptive with the doctor. All details help your case. It’s better to be overly thorough than to leave out critical information that could assist the doctor.
- When speaking of a doctor about the accident, describe how the incident occurred, how your body moved when you slipped, jolted, or fell, and include in your description what parts immediately hurt and what parts are sore, etc.
- It is a good idea to call your primary care doctor while waiting to be seen at the ER. Your primary care doctor likely will not be able to see you for a couple days, maybe weeks after the accident. So, it is critical to call them ASAP to get a visit date scheduled.
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- Additional Medical Visits: If you have not already, call your primary care doctor to schedule an appointment. ER and Urgent care facilities will likely not provide ongoing treatment, only emergency treatment. Accordingly, you will need to see your primary care doctor for additional, follow-up care.
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- No Primary Care Doctor or Health Insurance? Contact our office at (951) 688-7000 as our attorneys can refer you to a medical professional.
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COMMUNICATIONS AFTER THE INCIDENT
If ANYONE from either the private establishment or public official (such as a representative from the city) calls you, do not speak to them. Tell them that if they have any questions, they can speak to your attorney.
OTHER EVIDENCE
- Ongoing Evidence: Due to the accident, you may have cuts, bruises, and other marks on your body that will hopefully go away in the future. It is important to take photos of these visible injuries before they go away. The insurance company may deny that you suffered visible injuries unless you capture the evidence.
- If someone witnessed the incident, ask them for their name and number. Even if this incident occurred inside a private establishment or public area, ask for the witness’s name and number. This way your attorney can use them as a possible witness in the future to add more credibility to your claims.
- Diary Log: Be sure to keep a diary of any abnormal symptoms you experience. For example, nausea, vomiting, and sensitivity to light can be signs of a concussion or brain injury. It is important that you note any abnormal feelings you experience so that you can communicate each symptom to your doctor.
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- Example Log: “On July 1st, 2024, I saw my chiropractor and advised them that I have been experiencing a numbness and tingling sensation in my right arm.”
- Other Log Info: This log is also not limited to medical visits. It could also be day-to-day life for example, “I was not able to ride my Harley Davidson this Sunday because of the pain in my back.”
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- Future evidence: If at some point you visit the place where the incident occurred, and you notice that the area where you were injured has been changed or fixed, be sure to take photos so that your attorney can compare the before and after the condition of the area you fell.
Call my office if you have any questions regarding the above. The firm’s number is (951)-688-7000.
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Big Rig & Tractor Trailer Accidents
Big rigs and tractor-trailers are responsible for millions of road accidents each year. Many of these accidents result in major injuries, property damage, and fatalities. The most common cause of big rig and tractor-trailer accidents is driver error, and hiring an attorney in Riverside, CA can help you prove who is liable for compensating you for your injuries and other damages.
Did a Big Rig or Tractor Trailer Accident Cause Injuries?
If you were in an tractor-trailer, you likely have injuries and property damage. While your insurance company may compensate you for some of your costs, you can also recoup economic and non-economic damages from the party or parties who are at fault for the accident. Hiring a tractor-trailer accident attorney will give you the resources and guidance you need to begin the complex and lengthy process of seeking compensation for your injuries. Your attorney will investigate your accident, gather documentation, determine who is at fault, and negotiate a settlement or judgment award on your behalf.
Commercial Driver & Big Rig Regulations in California
California has many regulations that dictate how commercial drivers and big rig drivers operate. The most important ones to be aware of are:
- Hours of Service – HOS regulations are designed to prevent driver fatigue. Commercial truck drivers can drive 11 hours after they have rested for 10 consecutive hours. They are required to take 30-minute breaks after each eight-hour period of driving. They can only work a certain number of hours per week.
- Driver’s License Requirements – Commercial truck drivers must hold a valid commercial driver’s license (CDL). In order to get their license, they must pass a written test, a driving skills test, a vision test, and a medical exam.
- Vehicle Safety – Commercial drivers and the companies they work for must ensure commercial trucks are maintained properly and inspected before and after every trip. They must also maintain detailed logs of problems, maintenance, inspections, and repairs.
- Speed Limits and Traffic Laws – Commercial drivers must obey specific speed limits that are lower than those for smaller vehicles. They also must obey all traffic laws, signals, and signs and regularly participate in driver training, such as defensive driver training.
Common Reasons for Car Accidents With Tractor Trailers
The most common reason for car accidents with tractor trailers and big rigs is driver error. Other causes of commercial truck accidents are:
- Distracted driving
- Poor roadway conditions
- Poor weather conditions
- Fatigue or falling asleep while driving
- Driving while intoxicated
- Failure to maintain the vehicle
- Speeding
- Ignoring warning signs, traffic signs, or traffic lights
- Reckless driving
- Poorly loaded or secured cargo
- Obstacles or obstructions in the roadway
- Unexpected animal or pedestrian in the roadway
- Poor visibility
Common Injuries from Big Rig & Tractor Trailer Accidents
Because commercial trucks are so large and heavy, they can cause major injuries in an accident. The most common injuries associated with big rig and tractor-trailer accidents are:
- Head injuries, traumatic brain injuries, and concussion
- Whiplash
- Spinal injuries
- Broken bones and fractures
- Bruises, bleeding, and contusions
- Burns
- Missing limbs or amputations
- Blindness
Contact Our Tractor Trailer Accident Law Firm
Call or contact us online at the Law Offices of Harlan B. Kistler if you need representation after a tractor-trailer or big rig accident in Riverside, CA. Mr. Kistler will determine if you have a case, fight tirelessly on your behalf, and do everything he can to secure fair compensation for your injuries.
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Understanding Commercial Trucking Accidents
Because commercial trucks are so large and heavy and are typically driving at high speeds, they have the potential to cause major damage in an accident. Filing a lawsuit for compensation after a truck accident in Riverside, CA, can be complex, and it’s important to hire an experienced lawyer for commercial truck accident claims. A lawyer can help you prove that another person was at fault and negotiate a settlement on your behalf to compensate you for economic and non-economic damages associated with your accident.
Why Are Commercial Truck Accidents So Complex?
Commercial truck accidents are complex because they typically involve multiple parties and entities and result in major injuries and damages. The main factors that contribute to the complexity of a truck accident case are:
- The Parties Involved – Commercial truck accidents usually involve multiple parties, including a truck driver, trucking company, trucking manufacturer, other trucking employees, city and state agencies, insurance companies, and other drivers. This can make it difficult to determine who is at fault and who is liable for compensation.
- The Severity of the Injuries – Commercial trucks are large and heavy and can cause more serious injuries than other types of car accidents. These severe injuries can cause permanent disability or lasting complications and require extensive medical treatment and lengthy recovery, which can complicate a personal injury case.
- The Extent of the Damages – Commercial trucks can also cause major property damage to public and private property. Multiple people may be entitled to compensation, which can cause delays in a personal injury case and make it more complicated.
- The Cause of the Accident – The cause of the commercial truck accident can also make the case more complex. Multiple parties can contribute to an accident, and it can take time to determine how each person is liable.
What Should You Do After a Commercial Truck Accident?
Knowing what to do after a major accident can ensure you get the representation and compensation you deserve. After being in a commercial truck accident, you should:
- Check yourself and other passengers for injury.
- Move to safety and move your vehicle out of the road if possible.
- Call 911 to report the accident and any injuries or property damage.
- Take photos and videos of the scene.
- Get contact information for any witnesses.
- Obtain the commercial truck driver’s name, insurance, employer, and contact information.
- Call your insurance company.
- Seek medical attention.
- Contact an experienced commercial truck accident lawyer.
How to Obtain Compensation for Injuries After an Accident
The only way you can get compensation for your injuries after a commercial truck accident is to file a personal injury lawsuit or an insurance claim. You should hire a commercial truck accident lawyer to negotiate on your behalf and determine if you have a case and who is at fault in the accident. You should also get copies of all police reports, medical records and bills, and any other documentation that proves the details of the accident and the extent of your injuries. In California, you can request compensation for economic and non-economic damages after a truck accident.
Contact Our Commercial Truck Accident Attorney
If you were in a commercial truck accident in Riverside, CA, the Law Offices of Harlan B. Kistler can help. Mr. Kistler has over 30 years of experience and will fight tirelessly for your rights and give you the best chance of securing fair compensation for your injuries. Call or contact us online to schedule a consultation.
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Lawyer for Lost Wages in Riverside, CA
Have You Lost Wages as a Result of an Accident?
An injury can result in time missed from work, which in turn, leads to lost wages. Even if you have savings built up, this can mean weeks or even months of lost money, which can severely impact your ability to pay bills or even purchase essentials. If you’ve been injured as the result of someone else’s negligence, you may be eligible for lost wage compensation. Our Riverside, CA lawyer for lost wages at the Law Offices of Harlan B. Kistler is here to explain what to do and how to get the compensation you deserve.
What Are Lost Wages?
Lost wages refer to the income that you’re unable to earn due to injury, illness or another incident that prevents you from working. They include not just your regular salary or hourly wages, but also overtime, bonuses, and benefits that you would have received if you had been able to work.
How To Prove Lost Wages?
Proving lost wages typically involves providing pay stubs, tax returns, or employment contracts that show your usual earnings. In some cases, a letter from your employer detailing your pay rate, hours worked, and time lost due to injury may also be used.
Compensation as a Result of Losing Wages
If you’ve lost wages because of an injury you sustained as a result of someone else’s negligence, you may be entitled to compensation. Workers’ comp can cover lost wages, but you may also be able to pursue a personal injury claim. Compensation can be based on both past losses and future losses:
- Past Losses: Past losses refer to the damages a victim has already incurred at the time of the claim or lawsuit. These can include medical expenses, lost wages, property damages, and any other costs related to the injury that have occurred from the time of the injury up to the present.
- Future Losses: Future losses are the expenses that a victim will need to pay after their legal claim or lawsuit has been filed. These can include future medical expenses, future loss of earnings or earning capacity, ongoing rehabilitation costs, and any long-term care needed due to the injury.
Necessary Attributes To File a Wage Loss Claim
In order to file a claim for lost wages in Riverside, you’ll need to ensure you have a few attributes. They include:
- Liability Bodily Injury Coverage: Injuries you got in a car accident that resulted from another driver’s negligence may be eligible for a lost wage claim. Your claim would be submitted under the at-fault driver’s insurance.
- Uninsured/Underinsured Motorist Coverage: If the at-fault driver does not have insurance or their insurance doesn’t cover your costs, you may be able to get your expenses covered under your uninsured or underinsured motorist coverage.
- Personal Injury Protection (PIP) Coverage: PIP insurance covers injuries you got in an accident and lost wages up to the limits of your individual policy.
How To Document Lost Wages?
When pursuing a lost wages claim, you’ll need several pieces of evidence to prove that you are losing money. To properly document your lost wages, you’ll need:
- Physician’s letter: A letter from the doctor treating your injuries, with information about the type of injury and how it keeps you from working.
- Treatments and prescriptions: You will need to offer information about the treatments you’re trying and prescriptions you are taking to recover from your injury.
- Medical expenses: Keep track of any medical expenses, including co-pays, treatment costs, prescription charges, and more. Keep your official bills and receipts as proof – it won’t be enough to just list them on a spreadsheet or on a piece of paper.
- Employer’s letter: This letter must confirm that you have missed work. If you don’t work a full-time, salaried position, you may need to share your tax return information.
How To Calculate Lost Wages?
To calculate lost wages, you will take the amount of time you missed and compare it to your pay. For example, an hourly employee would multiply the number of work hours missed due to injury by their hourly wage. A salaried employee could try dividing their yearly salary by the number of hours or by month.
How To Calculate Lost Wages if You Don’t Work on Salary
If you work irregular hours or do not work on salary, you can still calculate your lost wages. The process includes showing evidence that you missed certain appointments or obligations because of your injury. You can also use the previous year’s tax return to show how much you would have made this year.
Contact Our Lawyer for Lost Wages in Riverside Today!
If you are wondering ‘how much does workers’ comp pay for lost wages?’ or ‘When does workers’ comp start paying lost wages?’, you’re in the right place. At the Law Offices of Harlan B. Kistler, our lawyer for lost wages is committed to helping you recover the compensation you need to live your normal lifestyle. Contact us today to schedule your free consultation!
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Burn Injury Lawyer in Riverside, CA
Compensation for Your Burn Injuries
An accident that results in burns of any degree can have a significant impact on your life, career, and health. At the Law Offices of Harlan B. Kistler, our burn injury lawyer understands how overwhelming a burn injury can be, and we’re here to help you get the compensation you need to get your life back on track. Read on to find out how you could be compensated for your burn injuries in Riverside, CA.
Why Do You Need a Riverside Burn Injury Attorney?
A Riverside burn injury attorney is essential if you are pursuing a personal injury claim. They specialize in the nuances and complexities of burn injury cases, which often require different expertise than general personal injury cases. The attorney’s role involves identifying responsible parties; assessing the full extent of physical, emotional, and financial damage; and pursuing just compensation for medical bills, lost wages, pain and suffering, and potentially long-term care costs.
Causes of Burn Injuries in Riverside
Some of the most common causes of burn injuries in Riverside include:
- Auto accidents
- Workplace accidents
- Building fires
- Chemical exposure
- Scalding water
- Hot surfaces
Where Can I Go in Riverside To Treat a Burn Injury?
If you have been burned, you should immediately go to the nearest hospital emergency room. Prompt treatment is essential to minimize scarring and other complications. Once you’ve been evaluated at the hospital, you may need to be referred to a specialized burn center.
Degrees of Burn Injury
The phases of burn injuries are determined using a system of degrees. There are four main degrees of burn injury, and which degree your burns fall under will dictate what kind of treatment you need and even what kind of compensation you can pursue. The degrees are:
- First-degree: First-degree burns are only limited to the outer layer of skin, also known as the epidermis. The symptoms can include moistening or redness. Minor burns or even sunburns can be classified as first-degree burns, and they often heal quickly.
- Second-degree: Second-degree burns can be either superficial or deep. They will eliminate the outer layer of skin and penetrate the second layer, also known as the dermis. A superficial second-degree burn can have a permanent effect on your skin color or pigmentation, and you may need skin grafts if you suffer from deep second-degree burns.
- Third-degree: Third-degree burns not only destroy the epidermis, but they also eliminate the dermis and can damage the tissue beneath. Skin that suffers from a third-degree burn will become leathery and discolored. Any nerve endings in the skin affected by third-degree burns are destroyed, which is why the victim may feel no pain. Skin grafts are almost always required, as third-degree burns can have major disfiguring effects.
- Fourth-degree: Fourth-degree burns are the most serious. They penetrate below the fat level and even damage or eliminate muscle and bone tissue. Fourth-degree burns can often lead to death or amputation.
Scarring and Disfigurement
Depending on the degree of your burn injuries, you may experience scarring or disfigurement. An individual is considered disfigured if they have suffered from a permanent physical change that affects their appearance. Burn scars often lead to lower self-esteem in victims of all ages. This type of mental anguish is often considered when pursuing a burn injury settlement.
How To File a Burn Injury Claim
To file a burn injury claim, first seek immediate medical treatment and document the incident comprehensively. Speak with a burn injury attorney in Riverside, who will notify the responsible parties of your claim, compile evidence, including medical bills and proof of negligence, and negotiate with the insurance companies. If a fair settlement isn’t reached, your attorney will proceed to file a lawsuit in court.
Is There a Time Limit on Filing a Burn Injury Claim?
You have two years from the date of your injury to pursue your burn injury claim. It’s important to note that after this date has passed, you will not be able to pursue compensation, so it’s essential to contact a burn injury law firm right away.
How Is Liability Assigned in Burn Injury Cases?
Liability in burn injury cases is determined by proving negligence. This involves establishing that the defendant had a duty of care, breached that duty, and as a result, the plaintiff suffered injuries. Evidence – such as accident reports, witness testimonies, and expert opinions – can help establish liability.
What Kind of Damages Are Recoverable in Burn Injury Cases?
Recoverable damages in burn injury cases typically include economic damages, such as current and future medical expenses, lost wages, and loss of earning capacity, and non-economic damages, like pain and suffering, emotional distress, and loss of enjoyment of life.
What Does a Burn Injury Lawyer Do?
A burn injury lawyer specializes in handling cases involving burn injuries. They identify liable parties, gather evidence, negotiate with insurance companies, and represent you in court if necessary. Their primary goal is to secure the maximum compensation possible for your injuries, lost wages, and other damages you may have suffered due to someone else’s negligence.
Why Choose Our Burn Injury Lawyer
Harlan B. Kistler has been serving the community of Riverside since 1989. He offers an aggressive representation of victims who have been wrongfully injured and are now experiencing a lower quality of life. He has represented over 2,000 victims with successful results, and he is dedicated to fighting for you with the same level of professionalism and compassion.
Contact Our Burn Injury Law Firm in Riverside Today!
If you’ve been burned and injured as a result of someone else’s actions, you deserve the best possible representation from an attorney that will fight for your rights. Contact the Law Offices of Harlan B. Kistler today for a free consultation!
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The Benefits of Obamacare for Personal Injury in Riverside
Obamacare Attorney in Riverside, CA
If you require special medical care or treatment because of an injury, you may be wondering how you can cover the costs. Under Obamacare, also known as the Affordable Care Act (ACA), there are several policies in place that can make it easy for you to get the coverage or treatment that you need. Our team at the Law Offices of Harlan B. Kistler reveals how Obamacare health insurance can benefit you during a personal injury case in Riverside, CA.
Things To Know About Obamacare
There are a few things you should know about Obamacare health care, Obamacare open enrollment, and more. This piece of legislation was extremely long and complex, which can make it difficult for the average person to figure out what information is relevant and what is not.
Whether You Must Get Health Insurance or Not
First off, as a resident of California, you must have some form of health insurance by law. If you do not have health insurance and do not qualify for an approved exemption, you will be required to pay a fine when you file your 2023 taxes. There is no requirement for what type of health insurance you have, but you must have it in some capacity.
What The Available Plans Cover
Obamacare health insurance has several tiers and categories to suit your needs. Certain plans will cover things that others do not, making it essential to review all the options available to you. However, in general, most plans will cover things like preventative care, prescription coverage, inpatient and outpatient services, and mental health services in some capacity.
How Much Will Coverage Cost?
Obamacare costs can vary based on your income and the type of coverage you get. The costs of Obamacare will depend on which coverage tier you get. The tiers are:
- Platinum: covers about 90% of costs
- Gold: covers about 80% of costs
- Silver: covers about 70% of costs
- Bronze: covers about 60% of costs
You may also be able to qualify for a government subsidy to lower the cost of your premiums.
How To Sign Up for A Plan
To sign up for Obamacare, you must enroll during the enrollment period. This typically occurs towards the end of the year. For example, if you wanted coverage for 2023, you would have needed to sign up between the enrollment period of November 1, 2022, to January 31, 2023. If you qualify for special enrollment, you may be able to sign up at another point throughout the year.
How To Get Help If You Need It?
Wondering which plan is best for you, or how to even get started in the first place? If you need help signing up, you can contact an enrollment counselor through Covered California. They can explain your choices, answer questions, and help you sign up, but they cannot provide personalized recommendations. If you would like personalized advice, you will need to contact a private insurance broker.
Why You Should Choose Obamacare for Personal Injury
Prior to Obamacare, the Employee Retirement Income Security Act (ERISA) allowed health insurance companies to recover any money they paid out for a claim if the injured person later got a settlement from a lawsuit that covered their expenses. Now, under Obamacare, you can get an individual plan through the healthcare exchange. Obamacare does not allow insurance companies to get their money back if a victim receives a legal settlement.
How Obamacare Can Benefit You
Obamacare plans can benefit you if you are involved in a personal injury case. As we mentioned, under the ACA, your insurance company cannot try to recover medical costs they paid out if you receive monetary compensation from a lawsuit. This means, even if your insurance covered the cost of your care, any money you later receive from a lawsuit cannot be touched.
Contact Our Personal Injury Attorney in Riverside Today!
If you’ve been the victim of a personal injury and are wondering how Obamacare can help, contact the Law Offices of Harlan B. Kistler. We can discuss your options with you and help you decide if pursuing a personal injury case is the right choice for you.
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Defensive Driving Tips to Help You Avoid a Car Accident
Car Accident Attorney in Riverside, CA
Thousands of car crashes occur every day across the United States. These accidents can lead to severe injuries and have huge impacts on the victim’s quality of life. While some accidents are unavoidable, there are several steps you can take to prevent them. Our legal team at the Law Offices of Harlan B. Kistler is here to share the top tips for defensive driving in Riverside, CA, and how they can help you avoid a car accident.
Be Alert
It’s easy to zone out while driving down a long stretch of highway. Unfortunately, this means your attention is compromised, and you’ll be less likely to react quickly enough if a problem occurs. For example, if you’re not alert and the driver in front of you slams their brakes, you’re much more likely to rear-end them due to your delayed reaction time.
Make Sure Safety Is Your Priority
Safety should always be your priority when driving defensively, even if you’re running late or trying to look for your destination. Our car accident attorney understands that situations like that can be stressful, but even small mistakes can pose major safety risks on the road.
Assume the Worst from Other Drivers
Even if you like to give people the benefit of the doubt, that shouldn’t apply on the road. Unfortunately, you can’t always rely on other drivers to operate their vehicles as safely as you are, and just one case of not assuming the worst from another driver can lead to an accident.
Do Not Drive While Preoccupied
Being preoccupied doesn’t necessarily mean being on your phone – it can mean eating, drinking, daydreaming, or worrying about something. All these activities can distract you from the road, even if you’re not actively looking at something else.
Follow at a Safe Distance
Tailgating is one of the main causes of rear-end accidents. When driving defensively, you should always follow the car in front of you at a safe distance – one that will give you enough time to stop if the leading vehicle brakes suddenly.
Always Have an Escape Route
You should always know how to escape a situation with heavy traffic or other stressful conditions. This can mean staying in the right lane so you can get off at the nearest exit or knowing where you can pull over safely.
Master the Art of Defensive Driving
Just like any skill, defensive driving requires practice and should be mastered for optimal safety on the road. Keep all our tips in mind whenever you get behind the wheel, and consciously practice your defensive driving skills on every trip you take.
Stay Within the Speed Limit
Speeding is, without question, one of the top causes of vehicle accidents. While it’s tempting to drive faster, especially if you’re running late, the consequences aren’t worth it. In addition to a higher chance of getting in an accident, the penalties from law enforcement are severe.
Keep to the Right
The left lane should be used for passing only. Staying to the right of the road in a multi-lane system can help you avoid reckless drivers and stick to the speed limit.
Be Careful When Turning and Passing Other Vehicles
When driving safely and defensively, you should always exercise caution and care when turning or passing another vehicle. You never know if that driver isn’t paying attention or if they are not following the rules of the road.
When Driving in Bad Weather, Avoid Utilizing Cruise Control
Cruise control is handy in certain situations but should never be used during inclement weather. It can make it harder to quickly adjust your speed, if necessary, as well as make it more difficult to stop.
Stock Your Car with the Essentials
If you do get in an accident, it’s essential to be prepared. Always have an emergency kit in your car that contains a first aid kit, road flares, water, food, jumper cables, and other useful items.
What To Do in Case of Compromised Visibility
The best thing to do when driving with compromised visibility is to avoid getting behind the wheel at all. However, there are times when this may not be possible. If you absolutely must keep driving, always keep your headlights on. Be sure to turn off your bright lights if another car is approaching.
Cut Out Distractions
Distracted driving can be just as dangerous as driving under the influence of drugs or alcohol. Those who drive defensively keep anything that could potentially distract them out of reach. This includes phones, tablets, computers, snacks, et cetera.
Contact Our Car Accident Lawyer in Riverside Today!
If you were injured in an accident due to the actions of another driver, you may be entitled to compensation. Our Riverside car accident attorneys at the Law Offices of Harlan B. Kistler understand how a car accident can affect your life, and we’re here to help you get the compensation you deserve. Contact us today for a free consultation!
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What Is Tort Law? How Does It Impact Your Personal Injury Case?
Defining Tort Law for Our Riverside, CA Clients & Their Families
Many people are familiar with the term tort law, but most need help understanding tort law meaning. They also need to know what impact tort law has on personal injury cases. Below, the Law Offices of Harlan B. Kistler defines tort law for our Riverside, CA clients. Should you have further questions, please don’t hesitate to contact our law firm for a free case review. We’re here to assist with your case!
What Is Tort in Law? A Tort Law Definition You Can Understand
Tort law refers to civil cases of wrongdoing committed by one person against another, which can usually be made right by having the responsible party pay compensation for the damages. A tort is a civil wrong causing harm or loss to another that’s not merely a breach of contract. Tort law attempts to compensate injured parties and sets a precedent for future cases to deter further wrongdoing. Certain torts could see the responsible parties facing jail time, but most seek to compensate the injured parties financially. Examples of wrongdoing could include things that cause physical or economic injury to another, cause pain or suffering, damage a person’s reputation, or violate their constitutional rights or privacy.
How Do Tort Law Cases Work? What Are Tort Law Examples?
Tort law cases typically see an individual filing a lawsuit seeking financial compensation for property damages, medical expenses, economic losses, and/or noneconomic losses such as pain and suffering or loss of enjoyment of life. In the event of a wrongful death, the deceased’s loved ones will file a lawsuit. To have a tort law case, you must prove the injured party’s harm or loss was directly caused by another’s breach of their reasonable duty of care. The most common civil tort law cases involve:
- Negligence
- Product liability
- Civil assault or battery
- Invasion of privacy
- Trespass (to land, real property, personal property, etc.)
- Intentional infliction of emotional or mental distress
- Defamation
- False imprisonment
Are There Different Types of Torts in Law?
Tort laws may differ from state to state, so it’s essential to consult a personal injury attorney familiar with your state’s specific tort laws. However, most of them fall under one of three main categories:
- Intentional Tort – Tort law cases involving intentional tort include ones in which the responsible party knew or should have known their conduct would result in harm.
- Negligent Tort – Negligent tort cases involve circumstances in which the responsible party doesn’t take the proper precaution to keep others safe, and their actions result in harm.
- Strict Responsibility – Strict responsibility often refers to tort law cases involving corporations selling faulty products that cause harm.
What Are Some Common Tort Law Cases?
Many civil tort lawsuits involve negligence. Negligence claims must prove the defendant owed the plaintiff a duty of care that was breached and caused harm or injury to the plaintiff. Negligence in tort law often involves personal injury claims. Injuries do not always have to be physical. While physical injuries to organs, limbs, and other body parts often occur, mental health injuries (emotional pain and suffering) are also considered. Common tort cases involving negligence and personal injury include:
- Slip, trip, or fall accidents
- Car or motorcycle accidents
- Bike or scooter accidents
- Trucking accidents
- Medical malpractice
- Wrongful death
How Is California Tort Law Unique?
California tort law differs from federal tort and other states’ personal injury laws. Under the California Tort Claims Act, individuals must file tort claims against government entities within six months of their personal injury. California has also adopted the concept of comparative negligence, allowing juries to divide blame between defendants and plaintiffs. It’s important to note that plaintiffs may still receive compensation even if they’re more than 50% responsible for their harm. California tort reform is often in the news, as ongoing disputes contend with which acts constitute torts, who can file a lawsuit over these acts, and what financial compensation may be awarded for cases involving these torts.
Why Choose the Law Offices of Harlan B. Kistler?
If you’ve suffered a personal injury, recovery should be your primary concern, not worrying about piling medical bills or missed wages. Hiring an experienced personal injury law firm, such as the Law Offices of Harlan B. Kistler, can help reduce stress and anxiety during recovery. We can help you seek financial compensation for injuries caused by others’ negligence. Harlan B. Kistler has been practicing law since 1989, and our firm has handled the personal injury cases of thousands of clients over the past 30+ years. Browse client testimonials to see why we have many satisfied former clients in the Riverside area.
Discuss the Meaning of Tort Law with Our Law Firm
Do you still have questions regarding the meaning of tort law? The Law Offices of Harlan B. Kistler are experienced with tort law cases and can help you get the compensation you deserve. Contact us today to request a free consultation with our personal injury attorney in Riverside, CA. We’ll work tirelessly on your behalf to ensure your side of the story is told, and you achieve the best possible case outcome.
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Are You Suffering from an Impacted Fracture?
How the Law Offices of Harlan B. Kistler Can Help
From slip-and-falls to car accidents, broken bones are often caused by circumstances beyond our control. While broken bones aren’t usually life-threatening, they can cause significant pain and discomfort during healing. Impacted bone fractures are one of the most severe types, causing sharp, intense pain and an inability to move the affected bone. If you’ve sustained an impacted fracture in Riverside, CA due to someone else’s negligence, you could be entitled to compensation for medical bills, missed wages, and more. The Law Offices of Harlan B. Kistler is a personal injury law firm experienced with cases involving impacted fractures. Read on to learn more about an impacted fracture definition, causes, and symptoms before giving us a call to schedule your free initial consultation.
What’s an Impacted Fracture? What Causes an Impacted Fracture?
A broken bone, or fracture, may be partial or complete. Fractures may also be categorized as simple or impacted. Impacted fractures occur when a brutal force (such as that from a car accident) causes a bone to not only break but shatter. These fragmented pieces of bone are then driven into each other, leading to further injury. Impacted fractures are commonly caused by car accidents or fall from significant heights because they require extreme force or trauma. Minor falls are not usually among impacted fracture causes. Human bones are resilient, but they weaken with age, making people more susceptible to bone fractures as they age. Common impacted fractures include impacted wrist fractures, impacted radial neck fractures, impacted distal radius fractures, impacted radial head fractures, and impacted hip fractures, which may require a full hip replacement.
What Are the Symptoms of an Impacted Bone Fracture?
While minor bone fractures may fly under the radar and go undetected at first, impacted bone fractures are typically noticed or felt immediately. Impacted fracture x-rays, CT scans, and MRIs can diagnose the type, severity, and location of your broken bones. Seek urgent medical care if you notice any of these common impacted bone fracture symptoms after an accident:
- Sharp, intense pain
- Swelling, bruising, redness, or warmth
- Tenderness to the touch
- Tingling and numbness
- Difficulty or inability to move the affected bone/area
- Difficulty or inability to put weight on the affected area
- Fragments of bone poking through the skin
- Bleeding (if it’s an open fracture)
- Dizziness, faintness, or lightheadedness
What Are the Most Common Impacted Fracture Treatments?
Most bone fractures heal naturally with time and care. Many fractures require wearing a plaster cast or splint while the broken bones realign and heal themselves. Complications may occur if a bone heals in the wrong position or is disrupted during healing. You run the risk of bone deformity, bone or bone marrow infection, or bone death without proper treatment. A person’s age, health, and medical history may impact their ability to heal from an impacted bone fracture.
Impacted fracture treatment may be based on the extent of the injury, the patient’s tolerance, and the patient’s or doctor’s preferences. Because impacted fractures are more complex than regular fractures, surgery may be needed to separate the bone fragments. Pins, rods, and other surgical hardware are often used to help support broken bones while they’re immobilized during the healing process. Physical therapy may be recommended to help the patient regain mobility and strength in the fractured area. If the impacted bone fracture is near a joint, permanent stiffness or arthritis may occur.
Why You Need an Injury Attorney for a Broken Bone Case
If another person’s negligence caused your impacted fracture, you should speak with a personal injury attorney to see what your case is worth. Often, insurance companies may deny claims or attempt to unfairly reduce your compensation when you try to settle without legal representation. Types of bone fracture cases that our skilled personal injury attorney may handle include:
- Car and motorcycle accidents
- Slip-and-falls
- Pedestrian accidents
- Scooter and bike accidents
- Premises liability
- Products liability
- Trucking accidents
How Much Compensation Will I Receive for an Impacted Fracture?
The amount of compensation you may be eligible to receive from an impacted fracture will vary based on the severity of your injury and your total losses. You may be entitled to seek past and future medical expenses, missed wages, loss of future earnings, and permanent disability, as well as compensation for general pain and suffering and lost enjoyment of life. The Law Offices of Harlan B. Kistler is adept at getting the financial compensation our clients deserve. View our client testimonials to see why Riverside residents highly recommend us.
What Is the Filing Deadline for a Personal Injury Claim?
In the state of California, you have two years to file a personal injury claim or lawsuit in civil court. Failure to file a claim within that timeframe may result in case ineligibility. If you accept an insurance settlement, you may also be ineligible to file a claim. Please note – different deadlines apply to personal injury claims involving government liability or negligence. You only have six months or 180 days from your impacted bone fracture injury date to file your claim. Cases involving professional negligence from a healthcare provider must be filed within three years of your personal injury date.
Contact Us to Schedule a No-Cost, No-Obligation Consultation
If you’ve been injured with an impacted fracture and someone else is at fault, the Law Offices of Harlan B. Kistler can help you fight for the financial compensation you deserve. Our personal injury law firm in Riverside, CA operates on a “No recovery – no fee policy.” Reach out today to request a no-cost, no-obligation case evaluation from an experienced legal team you can trust. We’re here for you!
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