Do I need a personal injury attorney?
Should I see a doctor?
What should I do about the insurance companies calling me?
How much is my personal injury claim worth?
How am I supposed to collect money when the other driver is uninsured?
Will I recover if I was hit by a hit-and-run driver?
Can I rent a car while my vehicle is being fixed?
Can I file for unemployment while litigation is pending if I can't work?
Will my insurance company pay for my medical bills while I wait to go to trial?
Who is responsible if my car hits a pothole?
Should I take the money offered by the other driver's insurance company?
Is my personal injury case confidential?
Can I afford an attorney? Is my consultation free?
How long will my personal injury case take?
Is it ethical or moral to sue?
Will I still be able to receive medical care and treatment for my family and myself if I file a personal injury claim against a doctor or hospital?
What should I do if I am involved in an auto accident?
Immediately after the accident, document the entire situation: Take photos with a camera (preferably a 35-mm) of all cuts, bruises, broken bones, and all vehicles or other property and from all angles.
Make daily notes of the effects of your injuries. Report the accident to the DMV. Do not admit responsibility, and do not discuss the accident with anyone other than your attorney.
Provide us with the names, addresses, and phone numbers of witnesses to the accident.
Keep accurate records of your out-of-pocket losses resulting from the accident, including medical bills and lost wages. These will be supplied to the insurance company to compensate you for your loss.
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Do I need a personal injury attorney?
The legalities of personal injury claims are confusing. Timing is everything. California has statutes of limitations of various lengths which may make or break your case if you don't pursue it promptly.
Mashney Law Offices will evaluate your claim and guide you throughout the treatment and recovery process. You get the peace of mind knowing that competent professionals are advocating your rights during such agonizing period of your life.
Keep in mind that the opposing insurance company and their attorneys are working feverishly to defeat your claim. It is our job to make sure that they fail and you win.
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If you believe that you may have medical problems or symptoms related to an accident or incident, go to a doctor or emergency room, depending on the severity of the symptoms, immediately.
Sometimes, you may not feel any pain or other symptoms until later. To be on the safe side, it is not a bad idea to be examined by a doctor at least once after an accident. It is very important to form a good relationship with your doctor at an early date to advance your recovery.
Seeing a doctor should be done to get medical treatment, and not to build a personal injury claim. Keep in mind, however, that if you delay your medical treatment, all insurance companies will use your delay as a powerful weapon to reduce the value of the compensation for your case.
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What should I do about the insurance companies calling me?
Keep in mind that insurance companies want to pay little or nothing for your claim. Their objective is to minimize your recovery. Regardless of how friendly or compassionate their representatives act towards you, they are working for the insurance company and not for you.
Their interest is opposed to yours. Do not give them any statements until you consult with us because they can deviously twist your words and ask you tricky or deceptive questions to get you to blurt things against your interest. Once again, do not assume that the insurance companies are looking out for your best interests—they are not. They are looking for their own best interest.
Keep in mind that you are required to notify your own insurance company of the accident and to cooperate with them to obtain certain medical and wage loss benefits. As your attorney, I will help you obtain such benefits, if they apply, with no cost or fee involved.
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How much is my personal injury claim worth?
It is extremely difficult to estimate the value of a case in the beginning. A lot of information is needed to answer such question such as the facts of the case, the identity of opposing party, the nature and extent of the injury, and the available insurance limits. Each case is unique.
Very often, the nature and extent of the injury will not be clear until few months have passed and after your doctor have had an opportunity to examine you and do some testing on you to determine the extent of your injury.
In appropriate cases, we obtain evaluations from expert medical doctors, vocational rehabilitation specialists, and financial experts to determine the exact extent and total of your damages. Only after completing this process can we enter into personal injury settlement negotiations with the responsible party.
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How am I supposed to collect money when the other driver is uninsured?
If a person is uninsured or underinsured in an accident in California, their personal assets could be used for your recovery. If you have uninsured or underinsured motorist coverage on your own policy, we may be able to proceed against that insurance policy. This will NOT increase your insurance rates since it will not be charged against your own policy.
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Will I recover if I was hit by a hit-and-run driver?
YES if you have uninsured motorist coverage on your automobile insurance coverage.
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Can I rent a car while my vehicle is being fixed?
It depends on your policy. Many policies allow you to rent a car. Be sure to track the expense involved as this is considered a cost that you incurred and which you can recover from the other side.
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Can I file for unemployment while litigation is pending if I can't work?
No, however, you may file for state disability benefits.
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Will my insurance company pay for my medical bills while I wait to go to trial?
Often times, yes, to a certain amount and then they will get reimbursed once the case is complete. We will review your medical coverage option with you.
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Who is responsible if my car hits a pothole?
The government entity responsible for the maintenance and repair of roads and highways may be responsible for damage to your vehicle.
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Should I take the money offered by the other driver's insurance company?
NO. Tell them you will call them back and contact us immediately. Very often, an insurance company will offer you a small amount of money in return for your signature stating that you give up all of your rights. Don't do it!
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Is my personal injury case confidential?
California law protects the confidentiality of attorney-client communications. Whatever you tell us remains between us only. We are under a strict legal duty not to divulge information to anyone without your consent. Earning your trust is my number one goal.
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Can I afford an attorney? Is my consultation free?
YES and YES. There is no charge for your consultation with our attorneys. If you feel that you may have a personal injury claim, no matter how small, you should have the matter initially reviewed by us as soon as possible. By obtaining professional evaluation, you can be assured that whether or not you decide to pursue the personal injury case, your decision will be well-informed.
Normally, in personal injury case, you don't pay the money upfront. When we win your case, your lawyer will receive a percentage of the settlement amount as payment in full. You and your attorney will agree upon this percentage amount at the time you retain your attorney.
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How long will my personal injury case take?
Depending on the extent of your injury and the course of medical treatment, the personal injury claim resolution can take a few months if it settles quickly like most cases do, or up to a year to a year and half if it goes to litigation. Each personal injury case is different and unique. However, no settlement should be completed without careful consideration of future risk. We don't recommend the settlement of any personal injury case until all injuries have stabilized with all losses and risk fully assessed.
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Is it ethical or moral to sue?
Let's us ask this question differently: Is it ethical or moral to demand compensation for injuries you suffered as a result of somebody else's negligence when they refusing to pay you? You be the judge.
In summary, we all pay insurance premiums to leverage our risk of loss. Our society utilizes insurance coverage to allow injured people to receive full and fair compensation for a legitimate personal injury. Insurance coverage is how our society attempts to make a wrongdoer accountable - without financially devastating him or her.
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Will I still be able to receive medical care and treatment for my family and myself if I file a personal injury claim against a doctor or hospital?
The answer is YES. We have never had a medical malpractice client who has filed and settled a medical malpractice claim be denied access to further medical attention in their area of residence.
Most health care providers are very supportive of the victims of unacceptable health care - and are more than willing to be involved in caring for the injured person, on both a long-term and short-term basis.
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