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Understanding the Differences Between Civil and Criminal Law
Criminal and civil law are quite different. If you’re involved in an accident or similar situation, you can turn to a personal injury lawyer in Riverside to handle your civil law case. On the other hand, if criminal charges are brought against you, you would require the services of a criminal defense lawyer. There are many other differences between these areas of the law, which you can learn about by watching this featured video and consulting your personal injury lawyer.
This professional explains that criminal cases like burglary charges and civil cases like slip and fall accidents proceed in different court systems. However, it is possible for one incident to cause separate cases to proceed in both courts. For example, O.J. Simpson was infamously found not guilty of murder in a criminal court, but he was found liable for wrongful death in a civil court. The outcome of one case is not binding on the other. In fact, your personal injury lawyer has a lower standard of evidence to meet than a criminal lawyer would.
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Why You Shouldn’t Rely on Insurance After an Accident?
In the wake of a car accident, many people simply want to put the problem behind them as quickly as possible. It’s often assumed that hiring a car accident lawyer in Riverside may be more of a hassle than it’s worth. But actually, working with a car accident lawyer instead of relying solely on insurance is the most effective way to move forward from a crash. Your car accident attorney will handle the legal details and help you get the maximum compensation you’re entitled to receive.
Since car accident lawyers have extensive experience handling these cases, they generally have a good idea of how much a particular claim is worth. Your lawyer will immediately be able to tell if the insurance company is offering you less than what you deserve. Remember that auto insurance is a business like any other; the insurance carrier is more interested in turning a profit than paying you a just settlement.
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Understanding Catastrophic Injury Cases
Injuries caused by a negligent party can range from minor to serious to life-threatening. Some victims require ongoing medical attention for the rest of their lives. If you or a loved one has sustained a catastrophic injury, it’s important to contact an accident lawyer in Riverside promptly. Catastrophic injuries can lead to exorbitant medical bills and other expenses. By contacting an accident lawyer right away, you can preserve your right to file an accident lawsuit to seek just compensation.
Identifying Catastrophic Injuries
Many types of injuries could be classified as catastrophic injuries. Generally, this category of injury includes any that inflict severe, long-term or permanent consequences on the individual. These consequences may refer to disability or disfigurement. An example is a spinal cord injury that leaves the victim permanently paralyzed. Another might be a dog attack that causes vision loss and major facial disfigurement. Severe burns, amputations, traumatic brain injuries (TBIs), and similar injuries are all examples of catastrophic injuries.
Seeking Compensation
Catastrophic injury cases are the most likely to lead to substantial compensation. However, it’s important not to rely on the insurance carrier to offer a just settlement. Quite often, victims with catastrophic injuries will need to file an accident lawsuit with the help of a seasoned attorney. The attorney will calculate the damages, gather together evidence, and file the necessary paperwork. Evidence that proves neglect or intentional wrongdoing in catastrophic injury cases might include traffic camera footage, photographs of crash sites, eyewitness testimony, and medical records.
Calculating Damages
Calculating damages is often a straightforward process for simple accident lawsuits, but in catastrophic injury cases, complex factors must be considered. Survivors of these injuries are typically unable to work after the accident. The attorney may need to hire an expert to develop an estimate of the survivor’s anticipated lifetime earnings that he or she would have been able to receive were it not for the injuries. A life care planner may be needed to thoroughly assess all of the survivor’s future medical and personal care needs. All past damages, such as hospitalizations and pharmacy expenses, will also be added to the total. Finally, damages may include non-economic damages like compensation for mental anguish and pain.
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How Are Compensatory Damages Calculated in Slip and Fall Cases?
All personal injury cases are a little different. To accurately calculate an estimate of how much your slip and fall lawsuit might be worth, you’ll need to schedule an initial consultation with a personal injury lawyer near Riverside. A slip and fall lawyer will review all relevant documentation and thoroughly assess your case to ensure that you receive all of the compensation to which you’re entitled. Because deadlines apply to filing personal injury cases, it’s best to consult a lawyer as soon as possible.
Medical Expenses
Your slip and fall lawyer will request that you save all of your medical bills, co-pay receipts, and similar items. Provide your lawyer with copies of these documents. Your lawsuit may seek compensation for your emergency transportation via ambulance, hospitalization, diagnostic tests, surgeries, and other medical treatments. You may be entitled to receive compensation for physical and occupational therapy sessions, and you should receive compensation for your medication expenses. Personal injury lawsuits can request compensation for both past and future medical expenses.
Lost Wages
Your lawyer will add your total medical expenses to your lost wages. Keep careful track of all of the hours you miss at work and how much money you’ve lost because of the accident. If you have sustained long-lasting injuries and cannot work or can only work in a limited capacity, then you may receive compensation for your loss of earning capacity and future wages.
Incidental Expenses
In addition to medical costs and lost wages, recovering from a slip and fall injury can force you to incur unexpected expenses. You should keep track of gas purchases that were required to go to and from medical appointments, including physical therapy sessions. Perhaps you had to travel to see a specialist for your injuries. Keep track of your travel expenses. Save receipts for any durable medical equipment you may have required, such as crutches or a wheelchair.
Non-Economic Damages
Non-economic losses refer to those that cannot easily be calculated, such as mental anguish, pain and suffering, and loss of companionship. Let your slip and fall lawyer know about all of the ways that the accident and your injuries have affected your daily life or diminished your quality of life.
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Treating Post-Accident Whiplash
If you’ve been injured in an accident , a car accident lawyer in Riverside can assist you by filing an accident lawsuit. By hiring a car accident lawyer to handle your legal issues, you can focus on your recovery. Experts tend to agree that the sooner patients seek medical care for whiplash, the better the outcome is likely to be. Delaying care may increase the risk of suffering from chronic pain and other symptoms. Be sure to keep track of all of your medical expenses for your accident lawsuit.
This video offers an introduction to medical care for whiplash. The orthopedic doctor interviewed here strongly recommends that patients begin physical therapy promptly to strengthen the muscles of the neck and improve range of motion. Heat and cold therapy, chiropractic care, and transcutaneous electrical nerve stimulation (TENS) might also help.
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Symptoms of Traumatic Brain Injury After an Accident
After being involved in a car accident in Riverside, filing an accident lawsuit can help you recover compensation for your medical bills. However, the full effect of accident-related injuries isn’t always apparent. If you have suffered a traumatic brain injury (TBI), you may experience symptoms immediately, followed by complications later down the road. Be sure to keep your accident lawyer apprised of your symptoms, which can include headache, dizziness, nausea, fatigue, loss of consciousness, and sleep disturbances. Your accident lawsuit may seek compensation for your mental anguish and reduced quality of life because of symptoms such as memory and concentration problems, depression, anxiety, and mood swings.
An accident lawsuit can also seek compensation for the severe complications of TBIs. These can include seizures, profound confusion, coma, and other disorders pertaining to consciousness. Some types of impairment can last for a long time, including slurred speech, agitation, and hostile behavior. Brain trauma patients may suffer from infections like meningitis, cranial nerve damage, paralysis, severe communication impairment, and even degenerative brain diseases.
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What Are the Medical Requirements for Truck Drivers?
Commercial drivers are held to higher standards than other drivers. If you are considering filing an accident lawsuit, one of the issues that your accident lawyer in Riverside will assess is whether the truck driver may have violated safety standards. For example, all truck drivers that hold a CDL must have a valid medical card or medical examiner certificate. If the truck driver does not meet the medical requirements but was driving anyway, this issue can point to negligence in an accident lawsuit.
For more information, consult your accident attorney and watch this video. This video discusses the medical requirements that commercial drivers must meet, including having 20/40 correctible vision in each eye. Prospective truck drivers may be denied a CDL if they have insulin-dependent diabetes, very high blood pressure, cardiovascular conditions, or a history of substance abuse.
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Answering Common Questions About Punitive Damages
If you’ve been injured in an accident that was the fault of another party, you may be eligible to file an accident lawsuit with the assistance of an accident attorney in Riverside. Your accident lawsuit will list your damages, which refers to the losses you’ve sustained and the compensation you’re seeking. Generally, a lawsuit can seek two types of damages: economic damages for calculable losses like medical bills and non-economic damages for intangible losses like pain and suffering. However, in some situations, there is a third category of damages that may apply. This is known as punitive damages.
What is the purpose of punitive damages?
Not every accident lawsuit can successfully obtain punitive damages. When a jury does award punitive damages, it is for the purpose of punishing the defendant, hence the word “punitive.” Punitive damages aren’t intended to compensate the plaintiff for his or her losses, although the plaintiff will receive the punitive damages. Instead, it is thought that punitive damages may help serve as a deterrent to prevent egregious conduct from occurring again.
Is there a limit to the amount of punitive damages?
Some states do set limits on the total amount of punitive damages that may be awarded. These limitations are called “caps.” For example, in Colorado, the amount of punitive damages cannot exceed the amount of compensatory damages. However, in California, there is no definitive cap on punitive damages, although the punitive award must be reasonable in comparison to the compensatory damages. Since these laws are subject to change over time, you should consult your accident attorney for the most current information.
Which plaintiffs might be entitled to punitive damages?
Not every plaintiff is entitled to punitive damages. These awards are intended to serve as punishment when a defendant’s conduct is found to be particularly egregious. In California, punitive damages may be available when a defendant’s conduct can be shown to be fraudulent, malicious, or oppressive. For example, the defendant may have displayed a willful disregard for the plaintiff’s safety or rights.
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Why It’s Important to Get Medical Care After an Accident?
After sustaining injuries in any type of accident, it’s vitally important that you seek medical care right away. An accident causes the release of adrenaline and other hormones, which can temporarily mask your pain and other symptoms. This means that you could be more seriously injured than you initially realize. In addition to protecting your health, there are legal reasons why you should get medical care right away. If you consult an accident lawyer in Riverside , he or she will need access to your medical records before filing an accident lawsuit. The other party may try to impugn your credibility if you delayed seeking medical care; this could compromise the result of your accident lawsuit.
On the other hand, getting medical care right away can support the claims made in your accident lawsuit. When you arrive at the medical center, be sure to inform your medical providers that you were just involved in an accident and that your injuries were caused by it. Be your own patient advocate by proactively asking about imaging studies and other medical tests. Lastly, follow your doctor’s discharge instructions and keep your accident lawyer updated about any changes in your health.
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Steps to Take if You’re Injured in a Trucking Accident
Truck accidents can be among the most serious types of collisions—and the most deadly. The formidable weight and size of a big rig can crush smaller passenger vehicles and inflict catastrophic injuries. If you’re fortunate enough to survive a truck accident, there are some steps you need to take right away. Later on, you can contact an accident lawyer in Riverside to discuss the legal issues that arise from a crash. Your accident attorney may file an accident lawsuit on your behalf against the truck driver, his or her employer, or other defendants.
Call 911
The catastrophic injuries that can result from a trucking accident can lead to the loss of consciousness. However, if you are conscious and able to move, you should reach for your cellphone right away and call 911. Let the emergency dispatcher know that you’ve been involved in a big rig accident. Let the dispatcher know if you appear to be seriously hurt. If you’re able to do so, check on the condition of your passengers.
Exchange Information
If you’re fortunate enough to have escaped serious injuries in a truck accident, you may be able to get out of the car and move away from the road. If so, you can check on the truck driver. Assuming that he or she is not catastrophically injured, you can exchange important information. Your accident lawyer will need the truck driver’s full name, contact information, CDL number, and employer, along with his or her insurance information. Similarly, you should provide your basic information to the truck driver. Avoid saying anything that might be interpreted as an admission of fault for the crash. This includes saying, “I’m sorry.”
Document the Scene
If you’re able to move around, it can be very helpful for your accident lawsuit to gather physical evidence at the crash site. Take pictures of the scene, including the damage to the vehicles, skid marks on the road, and traffic signs and signals. Write down the names and contact information of any witnesses in the area. When the police arrive and take your statement, be sure to ask how you can obtain a copy of the police report.
Get Medical Attention
Before you call an accident lawyer after the crash, you should obtain medical attention right away. During the subsequent weeks and months, keep careful records of your medical problems, treatments, and expenses.
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