Habbas & Associates

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Personal Injury Resources | California Accident Lawyer

Frequently Asked Questions
Automobile Accident Tips
An Injured Individual's Rights
Insurance Coverage

Frequently Asked Questions

What Is A Personal Injury?

A personal injury is any physical or emotional and/or mental harm that a person may suffer.

How Do You Know When Someone Else Is Responsible For Your Injury?

A person is responsible for the injury or harm that they cause another through their negligent or intentional misconduct. Therefore, if a person negligently or intentionally does something or fails to do something that they should have, and that conduct or lack thereof results in an injury to someone else, then the wrongdoer is responsible for the injuries and damages that he/she caused to the innocent victim.

Examples include, but are certainly not limited to, the following:

• Operating a vehicle at an unsafe speed, running a red light, failing to yield to another motorist who has the right of way or making an unsafe lane change and colliding into another vehicle or pedestrian
• Manufacturing or designing a defective product (the retailer, distributor, wholesaler or manufacturer may be liable)
• Serving foods to patrons which contain salmonella or other poisons
• Failing (contractor or developer) to maintain a safe working environment for subcontractors
• Maintaining property visited by the general public in a dangerous condition resulting in injuries to guests, patrons, or invitees
• Failing (physicians, dentists and other healthcare providers) to properly diagnose a patient's condition resulting in serious and/or permanent injuries

Do You Have A Case?

If you have been involved in any kind of an accident, you must decide whether you should make a claim. This decision can be hard. However, considering a few key factors can make it easier. These factors are fault, damages, and collectability. Here is a brief explanation of each.

Fault: For you to win your claim, a person or business must be at fault. This means they did something wrong or failed to do something. In most states, such as California, you can make a claim even if you were partly at fault for the accident. You recovery will just be reduced by the amount of your fault. For example, if your losses are $10,000 and you are 20% at fault, your award will be reduced by 20% or $2,000.00.

Damages: To get a recovery of money, you must have suffered damage. When analyzing your damages, remember that damages can cover a variety of things, including your medical bills, money you lost because you had to miss work, property damage, pain and suffering and in some instances, punitive damages.

Collecting Your Award: In most instances, the wrongdoer will have insurance coverage on his vehicle, property or business which will cover damages caused to you through their negligent conduct. Even if insurance coverage is not available, the wrongdoer may have assets and other resources from which you may recover your damages. Also, a third party (such as an employer) may be liable under certain circumstances where the employee was performing his job duties at the time that he was negligent.

Automobile Accident Tips

Many people panic when they are involved in an accident. They worry about how it will affect their insurance rates and whether they should report the accident or not. Sometimes panic causes people to say things they will later regret and to overlook information that would be helpful if a dispute arises regarding the accident. Here are some steps to follow if you are involved in an accident. They can reduce the hassle and increase your chances of receiving fair compensation for any damages.

First, if you are hurt, seek medical care at your earliest opportunity in order to properly diagnose your injuries and begin the healing process.

Second, if you have been involved in a car accident, you may be contacted by the police or highway patrol seeking further information. Please cooperate fully with the official investigation.

Third, report the accident to your own insurance company as soon as possible.

Fourth, if you are contacted by an insurance adjuster or attorney for the other party to the accident, you may wish to not talk with them until you have consulted with your own attorney. And certainly, do not sign anything until you have consulted with your own attorney.

Fifth, if you are involved in an automobile accident and the accident involved injury or property damage of more than $500.00, California law requires that you fill out a Department of Motor Vehicles form called an SR-1. This is a Traffic Accident Report that is separate from any report which the Police or Highway Patrol may have completed. The SR-1 should be completed and returned to the Department of Motor Vehicles Financial Responsibility office within ten days of the accident.

Sixth, take photographs of any physical injury that you may have suffered, such as a bruise or a laceration; pictures of the scene of the accident and damage to your own vehicle as soon as possible. You can also take your vehicle to a body shop for an estimate of the damage. This will document the property damage just in case any further damage should occur before the other party's insurance company can get out to examine your vehicle.

Seventh, be sure to write down the name, address and telephone number of any witnesses to the accident as well as, any other party to the accident.

An Injured Individual's Rights

As an injured victim, it is important for you to understand your rights under the law.

Generally, you have the right to recover for your injuries if your injury was caused by the negligent or intentional act of another. You have the right to recover the following types of losses (damages):

• Special Damages
• Medical Bills
• Future Medical Bills
• Prescriptions
• Lost Wages
• General Damages
• Pain and Suffering*
• Scars
• Degree of Disability (if any)

*If this concerns an automobile accident, then you may not be entitled to pain and suffering under certain circumstances. For example, these damages will not be available if you do not have Liability Insurance on your own vehicle.

Insurance Coverage

Generally, insurance covers only accidents and not intentional acts. This means that only harm resulting from someone's carelessness or negligence is covered under policies of insurance. In certain circumstances there may be insurance coverage for harm resulting from incidents that occur even though a careless or negligent person cannot be identified. For example, if a person suffers an injury as a result of using a defective product, or the injury results from a dangerous condition existing on someone's property, then the injured person may be able to recover for their injuries from the seller/manufacturer of the product or the owner or person in possession of the property.

There are various types of insurance policies and a variety of provisions in a policy that may affect coverage as well. The following are topics related to insurance:

• Uninsured Motorist Coverage
• Underinsured Coverage
• Medical Payments Coverage
• Bad Faith Actions For Breach Of Duty By The Insurance Company To Their Insured
  

Note: Under California law, all persons operating a motor vehicle are required to have a liability insurance policy in effect at the time of the accident. If you are involved in an automobile accident and it is not your fault, if you do not have liability insurance under an existing policy, you may not be able to claim damages for your pain and suffering, unless you fall under certain exceptions, i.e. the other driver is convicted of driving while under the influence of alcohol or drugs. You will be able to claim damages, however, if you are uninsured, for your medical expenses, lost earnings, rental vehicle and the damage to your vehicle.

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