The 7 Types of Personal Injury Cases Oakland Lawyers Usually Work On

A personal injury lawsuit arises when a person suffers an injury(s) due to another person’s actions. In most cases, these actions amount to negligence, where a person fails to provide the care that a reasonable person would in the same situation. In other cases, those actions can be classified as recklessness, which is more serious than negligence and is often associated with a person’s deliberate and unjustified actions without regard for their consequences.

You can seek compensation with the help of experienced personal injury attorneys if you are injured in an accident or through the actions of another person. Let’s look at the most common cases accident injury lawyers handle in Oakland.

 

Car Accidents

The Insurance Institute for Highway Safety says there were over 39,500 car accidents that resulted in close to 43,000 fatalities in the United States in 2021. The National Highway Traffic Safety Administration (NHTSA), on the other hand, says that there are about 7,500 people injured in car accidents every day.

These numbers mean that car accidents are one of the most common causes of personal injuries and the resulting lawsuits.

There are various reasons for the prevalence of these types of accidents, including reckless and distracted driving, poor vehicle maintenance, poor weather and road conditions, ignoring traffic signals, speeding, and driving under the influence.

You should always collect as much evidence as possible and get medical attention following a car accident because some injuries only present with symptoms later. You should then hire a vehicle accident lawyer to help you file a lawsuit and navigate the process of getting compensated. The right personal injury accident lawyer will also negotiate with the insurance company on your behalf if they make an offer.

 

Pedestrian Accidents

Drivers must be acutely aware that pedestrians could be using the road at the same time and take necessary precautions to avoid hitting them. Pedestrian accidents are so serious because they are unprotected, unlike the vehicle’s occupants. For these reasons, the types of injuries a person can sustain range from minor cuts and bruises to broken bones and even traumatic brain injuries.

Some common causes of pedestrian accidents include speeding, failure to yield, ignoring traffic lights, and distracted driving. Even though drivers are often to blame for these accidents.

 

Motorcycle Accidents

As with pedestrians, there is nothing to protect a motorcycle when struck by a vehicle. Motorcycle accidents often lead to catastrophic injuries, including traumatic brain injury, spinal cord injuries, broken bones, and road rash. They can also lead to fatalities depending on their specific circumstances, such as the speed of the motorcycle and vehicle and angle of impact.

Because the catastrophic injuries they cause can lead to life-changing injuries, you should contact a motorcycle accident lawyer immediately following an accident. They will help you recover damages, including lost wages, inability to get back to work, medical bills, pain and suffering, and even property damage related to your motorcycle.

You can also file a wrongful death lawsuit with the help of wrongful death lawyers if a loved one passes away following a motorcycle accident. You can contact the attorneys at Karns & Karns Personal Injury and Accident Attorneys for a no-obligation consultation to discuss the accident.

 

Slip and Fall or Premises Liability Cases

Property owners and operators must ensure their premises are safe for residents, guests, and anyone else with access, such as mail carriers. Slip and fall accidents are the most common type of premises liability cases filed and can be filed against businesses and individual owners.

The owner or operator must repair all issues that could cause accidents, remove them, or place adequate warning signs close to the hazard. Failure to do this could lead to serious accidents, including broken bones, head injuries, and others. Contact a personal injury attorney if you have been injured on a property so they can help you determine whether you have a case and who to sue if you do.

 

Animal Attacks and Bites

Most cases of animal attacks and bites involve dogs. Owners must take reasonable measures as outlined in the law to ensure their dogs do not cause these types of injuries, lest they be liable in case they happen.

Animal or dog bites are dangerous because they can cause various infections, with the main concern being rabies. There is no treatment for rabies, and it is almost always fatal once the victim starts showing symptoms. For this reason, you should seek medical attention immediately to get a series of shots that prevent an infection.

 

Bicycle Accidents

Oakland has a very supportive bike culture and has been designated the most bike-friendly city in California. Since there are so many cyclists in the city, bicycle accidents are common. Bike accidents occur when a vehicle strikes a bicycle while a rider is on it, or when cyclists strike them as they appear from intersections and parking garages.

As with motorcycle accidents, these accidents are very serious, resulting in road rash, broken bones, and head, neck, and spinal cord injuries. Accident injury lawyers CA can help you navigate the complicated laws surrounding traffic and bicycles so you can know who is liable and file a lawsuit.

 

Defective or Malfunctioning Medical Devices

We expect the best outcomes when a doctor assures us that a new medical device will improve our health, well-being, and quality of life. However, that is not always the case if the device is defective or malfunctions. Such devices can cause harm, including pain and tissue damage, negating the benefits the doctor told you about.

Personal injuries have devastating effects, especially if they lead to life-long pain or the victim becomes disabled. The lawyers at Karns & Karns Personal Injury and Accident Attorneys lawyers can help you with different types of personal injury cases depending on the cause and the person responsible. Get in touch today for a free consultation through our contact page.

What to Do After a Car Accident in California

A California car accident is generally an unexpected and traumatic event that leaves most of us overwhelmed and with many questions about what to do next. Do I need to call the police? What information do I need from the other driver? How do I protect my rights? From notifying law enforcement to consulting with a California car accident lawyer, we have outlined a step-by-step guide of what to do after a car accident in California below.

 

Step 1: Stop and Stay at the Accident Scene

You must stop and stay at the accident scene until it is appropriate to leave. If someone has sustained injuries, needs assistance, or was killed, and you leave, you could be charged with a hit-and-run. You should stay until the police arrive. If the accident only caused property damage, you can leave after you have exchanged important information with the other driver.

 

Step 2: Check for Injuries and Ensure Everyone’s Safety

Your top priority after a car accident in California is to check yourself for any visible injuries and check on the safety of the other parties involved. If you or anyone else is injured, call 9-1-1 immediately to request emergency medical attention.

 

Step 3: Call Law Enforcement to Report the Accident

Even if the accident seems minor, you should call 9-1-1 to report the accident. Authorities will decide whether to come to the accident scene. If police officers arrive at the scene, they will investigate the accident and create a police report.

A police report can be significant evidence if you need to file a car accident claim. It includes information about all parties involved and an unbiased account of the accident, which can help establish fault.

 

Step 4: Exchange Information With the Other Driver(s)

You should exchange important contact information and insurance details with the other driver. If the crash included multiple vehicles, exchange information with every driver involved. Our California car accident attorneys recommend obtaining the following information:

  • Name
  • Address
  • Phone number
  • Driver’s license number
  • Information about the vehicle, like its year, make, and model
  • License plate number
  • Insurance company name
  • Insurance policy number

 

Step 5: Document the Accident Scene and Your Injuries

If possible, take pictures of the accident scene to preserve evidence. You should take photos of the vehicles involved and any injuries sustained. Also, write down details about the accident, like the date, time, location, road conditions, and weather conditions.

 

Step 6: Talk to Witnesses

If there were any witnesses to the accident, try to get their names and contact details. Witness statements can be invaluable for determining accident liability and supporting your potential car accident claim.

 

Step 7: Seek Medical Attention

You should seek a complete medical evaluation as soon as possible after leaving the accident scene. Even if you feel fine right now, some injuries may not be immediately apparent due to adrenaline or delayed symptoms. If you sustain injuries, you want to receive medical treatment immediately. Additionally, medical records serve as critical evidence for your potential accident claim.

 

Step 8: Inform Your Insurance Company About the Accident

Your auto insurance policy likely requires you to report the car accident to your insurance company. Provide your insurer with the necessary information about the crash. However, we do not recommend providing a detailed statement or making any assumptions about the cause of the crash or the severity of your injuries. Anything you say could be used against you if you need to file a claim with your insurer.

 

Step 9: Report the Accident

If law enforcement does not come to the accident scene, you may be required to report the accident to your local police or the California Highway Patrol (CHP), and the California Department of Motor Vehicles (DMV). You must report the accident to the local police or the CHP within 24 hours if anyone was injured or died in the accident.

Additionally, in California, you must report a car accident to the DMV using its SR-1 form within 10 days if any of the following factors exist:

  • Anyone involved in the crash sustained injuries, no matter the severity
  • Anyone involved in the crash died
  • The accident resulted in property damages exceeding $1,000

 

Step 10: Consult With a California Car Accident Lawyer

After a car accident, we recommend scheduling a consultation with an experienced California car accident attorney. An attorney can answer your questions and help you determine whether you may have a viable claim to obtain compensation for your injuries and damages. Getting an attorney early in the process is beneficial for multiple reasons. For example, an attorney can help you preserve evidence, communicate with the insurance companies on your behalf, and protect your best interests.

 

Get a Free No-Risk Consultation With Our California Car Accident Lawyers

At Karns & Karns Personal Injury and Accident Attorneys, we help car accident victims get the compensation they need and deserve after serious accidents. We have offices throughout California and encourage you to schedule a free, no-obligation consultation with us about your situation. Call us at (888) 779-1180 or contact us online to discuss your potential legal options.

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How to Obtain a Police Report After a Car Accident?

Being in a car accident is always a traumatic experience for the victims, even if their physical injuries are not as severe as they can be. Irrespective of the accident’s severity, there are certain steps that must be taken on the victim’s part to boost their chances of getting the compensation they deserve later.

One of those steps is obtaining a police report soon after the car accident. Stay with us as we discuss the process while keeping the various factors in mind.

 

Ensure that the Accident is Reported As Soon As Possible

Every car accident will lead to a police report, provided that the accident was reported in the first place. It does not much matter who made the call, as long as a call to emergency services was made, there will be a police report about the accident.

Even if nobody called emergency services but the victim managed to reach a hospital, the hospital will call the police. If one or more people died in the accident, that too will inevitably have an associated police report. In rare cases, the victim may consider their injuries to be minor at the time and decide it is unnecessary to report the crash to the police.

If a car accident remains unreported, it should be remedied as quickly as possible because it will make it difficult for the victim to claim on their car insurance coverage. If you are not seriously injured, stay on the scene, wait for the officers, give them the bare facts of the case, and refrain from going into any details, allegations, or admittances at all. It can be beneficial later to give the police your perspective as objectively as possible.

Note that you are not required to answer any question about the accident without consulting your vehicle accident lawyer first. Get the police report number from the officers before leaving the scene. If they are unable to provide you with a report number before you leave, you can ask for their names and batch numbers, so that you can contact the department later and get a copy of that report.

 

Obtaining a Copy of the Police Report: The Process

Contact the insurance provider first to find out if they have already procured a copy of the police report. If they have, that can potentially help you avoid a lot of hassle. If that is not an option, then the party will need to contact the police directly to receive a copy of the auto accident report.

The victim or someone on their behalf can contact one of the officers to get an update on the police report and when it will be ready to collect. The process may take anything between a few days to a few weeks, but once it is ready, the party should be able to pick up a copy of the police report at any time after. There are three ways to get a car accident report directly from the police:

  1. Direct pickup
  2. Receiving a mailed report
  3. Receiving an online report

If the attending officers were able to provide a report number, the party should be able to get the same information and the police report from the accident location’s traffic division or website. In case the victim passed away, or if they were not in a state to talk with the responding officers at the time, the party will need to either visit the police station or the traffic subdivision nearest to the accident location.

If they don’t have specific information like the responding officers’ batch numbers, names, or the police report number, the party will need to provide other information to the station. Information such as the time, location, car model, owner’s name, plate number, etc. will help them in finding and then procuring a copy of the accident’s police report.

Can Your Car Accident Attorney Help You with Matters Regarding the Police Report?

Your car accident injury lawyer will guide you through every step of the process. They will also take steps to expedite the entire drafting and procurement process. Just in case you don’t have a road accident lawyer working with you on the case yet, contact Karns & Karns Personal Injury and Accident Attorneys.

The lawyers at Karns & Karns Personal Injury and Accident Attorneys can help guide you through the claims process and obtain the police report for you.  Remember that a consultation with Karns & Karns Personal Injury and Accident Attorneys is free, and if they take the case, Karns & Karns Personal Injury and Accident Attorneys will also not charge any fees before winning the compensation that you deserve.

 

How Important is it for You to Obtain the Police Report?

This is a very important question as the importance of a police report is highly unpredictable. A police report usually provides many key facts relating to the incident.  A police report will help the parties establish who was at fault for the crash.  A word of caution though, a police report is not always accurate.  Many times a police report will contain errors that may shed new light on who was at fault for a crash.  If you were found at fault on a police report you may still have a case. Contact Karns & Karns Personal Injury and Accident Attorneys to analyze the police report in your case if you every question the accuracy of the police report.

In most cases, the prosecuting and defending automobile accident lawyers play big roles in deciding whether the police report will be admitted as evidence by the court or not. It may all depend on which lawyer can argue their case for or against the police report’s admissibility the best.  Even if the police report does not come before the jury, it is still an important piece of data in your case.  Contact Karns & Karns Personal Injury and Accident Attorneys to obtain the police report from you case.

4 Steps to Take When Filing a Personal Injury Lawsuit

When someone is physically and/or psychologically harmed by the action of another, that harm is legally termed as an instance of personal injury. If someone victimized by such an action sues the responsible party through their personal injury attorney, the ensuing case is called a personal injury lawsuit.

Note that in order to launch a successful personal injury lawsuit, it is not necessary for the responsible party to have caused intentional harm to the victim. As long as their actions led to harm, they can be held liable for paying compensation.

Therefore, if you or someone else in your family has been harmed by the actions of a third party, there could be a viable opportunity to seek compensation from the responsible party. The task may seem daunting for obvious reasons at first, but this step-by-step guide will simplify the process for you.

Carefully Collect All Documents

You should pay extra attention to collecting and safely filing all documents related to the incident. At the very least, make sure that you have copies of:

  • The initial police reports, further communications, and investigative reports.
  • The insurance report, communications, and documents.
  • All medical prescriptions, test reports, medication, bills, receipts, and more.
  • Damage assessment reports from experts.
  • Photos, videos, statements, written reports, names, etc. related to the scene of the incident.
  • All of the above directly or indirectly related to the final incident or its aftermath.

Given how varied the cases can be, there is no universal list of documents that can comprehensively include everything. Do not consider any document to be unnecessary without consulting with your personal injury accident attorney first. If you have not yet connected with a personal injury law firm, just keep collecting everything related to the incident for now.

Get to Know the Different Types of Personal Injury Lawsuits

As already explained, any intentional or unintentional injury caused by a third party can qualify as an instance of personal injury. All legally acknowledged instances of personal injury are broadly divided and subdivided into various classifications. It is advisable that you take some time and learn about the different categories and subcategories.

Having only the basic knowledge should be enough for you to identify your own case’s probable category. The following list should provide you with a decent idea about what we are discussing here.

Vehicular/Motor Accident Lawsuits: Personal injuries suffered by a victim after being involved in an auto accident. This includes car accidents, motorcycle accidents, truck accidents, boating accidents, train accidents, and pedestrian accidents to name just a few.

Product Liability Lawsuits: Personal injury caused by a design or manufacturing defect in any product from vehicles and commercial safety equipment to medical tools and construction equipment.

Medical Negligence Lawsuits: Personal injury caused by negligence in medical diagnosis, treatment, procedure, prescription, and/or aftercare.

Work Related Personal Injury Lawsuits: Negligence in workplace safety standards that are responsible for personal injuries from instances of slip and fall, fall from an elevated surface, electrocution, projectile, struck by an object, etc.

Personal Injury Caused by Assault/Abuse: If the personal injuries were caused by intentional assault and/or abuse, you still have the right to sue the alleged assaulter/abuser for compensation separately in a civil court. The criminal charges on them will be tried separately in a criminal court.

Find the Top Personal Injury Attorneys

You can also save yourself the trouble of searching online with keywords and receive a free consultation directly from one of the top personal injury attorneys California has to offer. Karns & Karns Personal Injury and Accident Attorneys specialize in all areas of personal injury claims, ranging from car, truck, and motorcycle accidents to bad faith insurance claims and all claims related to work-related injuries.

It’s a quick, free, and easy way to know if you have a strong personal injury lawsuit on your hands. If a personal injury accident lawyer from the firm does take up your case, they will guide you through every step of the process from that point on. The best part is that Karns & Karns Personal Injury and Accident Attorneys only charge their fees after securing the due compensation for their clients and not before. There are Statutes of Limitations that apply to all personal injury claims, so act as quickly as possible.

Get to Know the Legal Process

After you start working with your or personal injury lawyers, they will help you with:

  • Obtaining all essential documents.
  • Finding the legally responsible party.
  • Categorizing and establishing the case against them.
  • Employing investigative measures to gather further evidence.
  • Assist you in getting the right medical care for your injuries.
  • Filling out the applicable form for personal injury, property damage, wrongful death.
  • Serving notice of the claim.
  • Initiating and negotiating an out of court settlement discussion, if possible.
  • Filing a lawsuit, if the above is not applicable or in case the negotiations fail.
  • Trial.

If your case goes to trial then your personal injury attorney will represent you at the trial with the goal of helping you receive the highest possible compensation for your injuries, treatments, medication, lost wages, emotional damages, and more, depending on the case’s particulars.

What Is a Statute of Limitations?

In the context of legal proceedings related to personal injuries, a statute of limitations is the maximum amount of time that can elapse after an injury before filing a claim. For example, if the statute of limitations is two years, that would mean that you have two years to initiate the lawsuit, after which point your claim would no longer be considered valid. Essentially, the statute of limitations is the deadline for initiating the claim-filing process. The exact statute of limitations will vary depending on the situation and the state in which the event occurred.

 

Is There a Statute of Limitations on Personal Injury Claims?

All states have set statutes of limitations for personal injury lawsuits. Most states have set the statute of limitations for personal injury claims to two years after the date of the injury. However, in some states the statute of limitations can be as long as six years. Here’s a list showing the statute of limitations on personal injury claims in all 50 states:

  • Alabama – 2 years
  • Alaska – 2 years
  • Arizona – 2 years
  • Arkansas – 3 years
  • California – 2 years
  • Colorado – 2 years for standard personal injury claims (3 years for claims involving vehicle) accidents
  • Connecticut – 2 years
  • Delaware – 2 years
  • Florida – 4 years
  • Georgia – 2 years
  • Hawaii – 2 years
  • Idaho – 2 years
  • Illinois – 2 years
  • Indiana – 2 years
  • Idaho – 2 years
  • Kansas – 2 years
  • Kentucky – 1 year for standard personal injury claims (2 years for claims involving vehicle) accidents
  • Louisiana – 1 year
  • Maine – 6 years
  • Maryland – 3 years
  • Massachusetts – 3 years
  • Michigan – 3 years for standard personal injury claims (1 year for personal injury protection) claims
  • Minnesota – 2 years
  • Mississippi – 3 years
  • Missouri – 5 years
  • Montana – 3 years
  • Nebraska – 4 years
  • Nevada – 2 years
  • New Hampshire – 3 years
  • New Jersey – 2 years
  • New Mexico – 3 years
  • New York – 3 years
  • North Carolina – 3 years
  • North Dakota – 6 years
  • Ohio – 2 years
  • Oklahoma – 2 years
  • Oregon – 2 years
  • Pennsylvania – 2 years
  • Rhode Island – 3 years
  • South Carolina – 3 years
  • South Dakota – 3 years
  • Tennessee – 1 year
  • Texas – 2 years
  • Utah – 4 years
  • Vermont – 3 years
  • Virginia – 2 years
  • Washington – 3 years
  • West Virginia – 2 years
  • Wisconsin – 3 years
  • Wyoming – 4 years

As you can see, only three states have set their personal injury claim statute of limitations to less than two years. Louisiana and Tennessee are the only states that have set their statutes of limitations to one year for all kinds of personal injury claims. In California, Nevada, Texas, and most other states, the statute of limitations is set to two years for all kinds of personal injury lawsuits. Keep in mind that many states have shorter statute of limitations when you sue a governmental entity. Be sure to consult with a lawyer to confirm the statute of limitation on your case.

 

Is There a Statute of Limitations on Medical Malpractice Claims?

The law governing medical malpractice claims is slightly different because it is possible for some time to pass before the injury resulting from the malpractice is discovered. As a result, many states have set statute of limitations that may be based on the date of diagnosis instead of the date that actual the malpractice occurred. For example, in California a medical malpractice lawsuit must be filed one from the date that you knew or should have suspected the malpractice not to exceed three years from the date of the malpractice.

 

Is There a Statute of Limitations on Negligence Lawsuits?

Typically, the laws related to negligence lawsuits follow the same statute of limitations as personal injury claims. For example as personal injury claims are generally brought under a theory of negligence.  In California you have two years from the date of negligence to initiate a lawsuit against the negligent party. However, keep in mind that the longer you wait to initiate legal action, the greater the risk you have that the statute of limitations has expired.  Still, even if it has been one year and 11 months since the date of negligence, it is still worthwhile to pursue a lawsuit if you can prove that the other party was at fault.

 

Is There a Statute of Limitations on Wrongful Death Claims?

In most states, the statute of limitations for filing a wrongful death lawsuit follows the same general time frame as a typical personal injury lawsuit. That means the loved ones of the deceased, or the legal representatives they’ve elected, have two years (California) from the date of death to initiate a lawsuit against the allegedly responsible entities.

 

Is There a Statute of Limitations on Slip and Fall Claims?

As you might imagine, a slip and fall case falls under general personal injury claims, which means you’d have two years to file a claim in most states (see the list above for the exact statute of limitations in your state).

 

Is There a Statute of Limitations on Camp Lejeune Injury Claims?

Camp Lejeune represents a unique kind of personal injury case, so you might be wondering if the same statues of limitations apply to it since the event occurred across multiple decades from the mid-1950s to the late 1980s. Since the Camp Lejeune Justice Act (CLJA) was only passed in August of 2022, claimants have two years from the date the Act was passed to file a claim. That means the deadline for filing a lawsuit to obtain compensation for Camp Lejeune water contamination is August 10, 2024. Prior to the CLJA passing, residents of North Carolina and other states who had previously worked or lived at Camp Lejeune were not able to file claims against the government due to the state’s general three year statute of limitations on personal injury claims.

 

Still Not Sure If Too Much Time Has Passed Since Your Injury?

If you still have questions about whether you remain eligible to file a claim for compensation, try discussing your situation with a personal injury attorney during a free consultation. Call us at 877-557-4221 and let the brothers fight for you! It should only take 5-10 minutes or less to get a professional opinion on whether you should pursue a lawsuit based on a simple recollection of the events and a few questions about your supporting evidence and documentation.

What to Say to Your Insurance Company After a Car or Semi-Truck Accident

After being involved in a car accident, you might experience a whirlwind of emotions and it can be quite terrifying. Even if you are lucky enough to not be seriously hurt, the stress, worry and anxiety after a car accident feels awful, and could lead you to act or speak in a way that might compromise your best interests when it comes to your case.

In fact, your insurance company or that of the other driver might be waiting for you to say the wrong thing. For example, apologizing at the scene might feel natural to you if the other driver has been hurt or their car is wrecked. But while you might be saying sorry just to be nice, insurance companies might take this as an admission of fault and hold you liable for the accident, even if you weren’t at fault.

 

What to Say to the Insurance Company After an Accident

You will likely get a call from the claim adjuster from your insurance company around a few days after the accident, in which they will want to get more information on the details of what happened. It’s important to bear in mind that insurance companies are looking out for themselves rather than you. Because of this, you need to be prepared for them to be looking out for any reasons to reduce your payout as much as they can. The best way to avoid giving them anything to use to do this is to say nothing at all and hire an experience personal injury attorney.  If you find that you must provide a statement keep your conversation as short and to the point as possible. Some tips to keep in mind include:

Give General Information

When speaking to your insurance company, you are only obligated to provide general or basic details about the accident. This includes personal information about yourself such as your name, the type of car you were driving when the accident happened, the other cars involved, the names of other people involved in the accident, where the accident happened, when it happened, and information on the other driver’s insurance company.

 

Don’t Provide a Recorded Statement

You are not under any legal obligation to provide a recorded statement to your insurance company. It is important to avoid recording a final verbal statement, without consulting a good car accident or personal injury lawyer beforehand, who can help you do this in a way that is in the best interests of your case.

 

Don’t Be Too Specific

Even if you have got medical attention after being involved in the accident and are aware of the extent of your injuries, it is important to avoid giving a detailed description of them or providing a final statement regarding your injuries to the insurance company. This is because after a car crash, injuries may appear later down the line, especially if you have internal injuries that are not always obvious. Along with this, there is also the risk of your current injuries escalating into something more serious.

 

What You Should Never Say After a Car Accident

Whether you are talking to the insurance company, the other driver involved, or witnesses at the scene, it’s important to choose your words carefully after a car accident. The vocabulary that you use could lead to problems with your case after a car accident, even if you said them innocently or meaning well. Some things that you should always avoid saying after a car accident include:

Sorry

Even if you are simply the type of person who apologizes a lot and you feel bad for the other driver involved, apologizing to them is always a bad idea. Even if you think that you might be at fault for the accident, don’t say sorry to the other driver. This is because any witnesses to the interaction might see this as an admission of guilt or taking responsibility for the accident.

 

That You Don’t Have an Attorney

If you are contacted by your insurance company before you have had the chance to get in touch with us here at Karns & Karns Personal Injury & Accident Attorneys, the last thing you should do is admit to them that you don’t have a lawyer yet. If your insurance company knows that you do not have any legal representation, they might try to reduce your compensation. For example, they may offer a quick settlement, which will typically be significantly lower than the amount you could have received.

 

Let’s Handle It Ourselves

You should always tell your insurance company about any car accidents that you are involved in. It’s not uncommon if you have a minor crash that only causes a little bit of damage to your car, and has not led to any serious injuries, to consider simply not telling your insurance company about it, getting the cars fixed and getting on with your life. However, it’s important to resist the urge to avoid reporting a car accident, especially if it was only a fender bender. The truth is that you may be due compensation for any crash, and not reporting a car accident to your insurance company will only make it harder to receive the payout you are owed.

If you’ve been involved in a car crash, then it’s important to carefully choose the words you use at the scene and when talking to your insurance company. Get in touch with our experienced lawyers today if you need advice on what to say. Call us at 877-557-4221.

Process of a Personal Injury Claim in Nevada

When you are involved in an accident or another personal injury incident that has left you injured and in pain, it’s advisable to start the process of filing a personal injury claim as soon as possible. A Nevada personal injury lawyer is often the first lawyer that many people will hire. Along with this, a personal injury claim might be the first time that you have had to deal with an insurance adjuster or have to navigate the personal injury laws in Nevada.

The good news is that if you have been injured, then you don’t have to go through the claims process on your own. Working with one of the experienced personal injury lawyers at Karns & Karns Personal Injury & Accident Attorneys, you can have legal representation on your side to handle all the aspects of the claims process and communication with insurance companies so that you can better focus on getting your life back on track after the accident.

 

Personal Injury Claim Process in Nevada – What Steps Are Involved?

Typically, a personal injury claim will go through a certain process. In Nevada, the steps throughout the process of your personal injury claim will usually be the same in any area. Having a good understanding of the basics and the process that your personal injury case will go through can help the entire experience be a less stressful one for you and provide you with more information on what you can do to increase your chance of receiving a fair settlement offer.

 

Hire a Personal Injury Lawyer

The first recommended step in the process of filing your personal injury claim is to hire a good personal injury attorney with experience handling cases like yours. At Karns & Karns Personal Injury & Accident Attorneys, our experienced lawyers who are well-versed in all types of personal injury cases. Whether you have been involved in a slip and fall accident, an accident in an Uber, a car accident, a motorcycle accident, or some other accident, we have the skill and knowhow to handle any type of personal injury case.

You may want to do some research before finding the best personal injury attorney for you. You can use the State Bar of Nevada website to find out more about certain lawyers and research their disciplinary history. Be sure to read reviews and find out more about what other clients have to say about the lawyer.

Once you have some potential attorneys, come up with some questions that you can ask them. For example, you may want to know more about their record of settling cases vs going to trial, whether they have any special certifications that could help your case, what their experience is with handling cases like yours, how much they think your claim is worth, if they see any potential problems with the case, and how you will be expected to communicate with them and their team.

 

Investigation

The next stage in the process is an investigation into the accident and injury, which will be conducted by your personal injury lawyer to help determine how you were injured. In Nevada, the person who files the claim also has the burden of proving that the injury was caused by the other party. You will need to prove that there was a legal duty of care that was breached, causing the injury in question. You will also need to prove any damages you have suffered as a result.

Your lawyer will gather evidence to prove fault and causation and establish the liability for your damages. Experts witnesses and other professionals may be hired to assist with this. Evidence can include photos and videos, accident reports, medical records, and expert opinions. Your employment records may also be used, along with the testimony of any witnesses to the accident.

 

Settlement Demand and Negotiations

Your lawyer will prepare a settlement demand letter to send to the defendant’s insurance company. This should include a description of how the accident or injury happened, the legal basis for why the other party is being held liable for your damages, a description of the injuries and damages you have suffered, and a demand for a specific compensation amount to settle the claim.

The insurance company can then either accept or decline the offer. In most cases, you can expect them to issue a counteroffer for less. This will then begin a back-and-forth negotiation process until both parties reach a settlement that they agree on.

 

Trial

If a settlement cannot be agreed upon, then your personal injury case may need to go to trial. In most cases, the trial will last a few days, and usually no longer than one week. The evidence will be presented in front of a jury, who will then deliberate and determine whether or not the other party is liable and if you are to be awarded compensation for your injury and damages.

 

Damages in a Personal Injury Case

A good Nevada personal injury lawyer will pursue all damages that are available for your case. This is one reason why hiring an attorney is always advised, as representing yourself could mean that you receive less than your claim is worth if you’re not aware of all the damages you are entitled to. In general, most victims can receive compensation for economic damages, which include medical bills, out-of-pocket expenses, personal care, physical therapy, nursing care, loss of income, and diminished earning potential. Along with this, victims may also be eligible for compensation for non-economic damages or pain and suffering, which could include emotional distress, mental health, physical discomfort, scarring and disfigurement, loss of quality of life or enjoyment of life, and disabilities and impairments.

If you have been injured in an accident through no fault of your own, here at Karns & Karns Personal Injury & Accident Attorneys, we are here to help you get the process of a Nevada personal injury claim to recover compensation started as soon as possible. Get in touch today for a free consultation. Call us today at 877-557-4221.