Can You Sue Someone for Lying About a Car Accident? | Auto Accident Lawyers

If you’ve been injured in a car accident, it’s likely that you’re considering whether you can actually sue someone for causing the accident. This might seem straightforward at first glance, but in reality, many defendants are “shady.” They hide information, twist the facts, and lie outright. So, can you sue someone for lying about the facts in a car accident case?

This can be extremely frustrating, as you might have already felt confused and overwhelmed by the prospect of a lawsuit. With the defendant lying about the car accident, it may feel like the case has become even more complicated. This isn’t an unreasonable reaction. After all, conflicting stories in a car accident requires a bit of extra work. Proving the “truth” isn’t always easy.

Fear not! Experienced attorneys can help. Defendants lie relatively often, so there are strategic tools in place to “suss” out the lies. If you’d like to learn more before speaking to an attorney, let’s explore the basics.

Why Do People Lie About Car Accidents?

Though it may seem like the answer is obvious, it’s important to break this down: why do people lie about car accidents?

At a basic level, defendants lie to avoid liability. In a lawsuit, liability can lead to a significant damages payout, so defendants will often do whatever it takes to ensure that the court doesn’t find that they are at-fault. By twisting the factual narrative around the case, the defendant may be attempting to create a new story that paints them in a favorable light.

There are a number of avenues for the defendant to twist the narrative — for example, the defendant could lie to police at the scene of the accident, and those lying statements will be recorded in the police report. In many cases, the defendant isn’t considering the lawsuit when making false statements. When dealing with police, these false statements are made to avoid ticketing, fines, or an arrest.

There are some things that are hard to lie about, like the evidence at the scene of an accident: vehicle damage or skid marks, for example. But other things, like injuries, recollections of the accident, and timeline of events can be problems if the other party to the accident is being dishonest.

If you’re trying to sue someone for injuring you in a car accident, this lying can make you feel frustrated, even overwhelmed. After all, you might not know how the defendant’s lies are going to impact your case, and how to counter the lies. Well, don’t worry! Experienced car accident injury attorneys are very familiar with handling false statements by defendants, and understand how to draft probing investigative questions to reveal the lies.

What Happens If You Lie About a Car Accident?

If you lie about a car accident, your version of events will be scrutinized against available evidence. Discrepancies can lead to your claim being dismissed, legal penalties for fraud, and loss of credibility. Evidence to prove the truth may result in serious consequences, including denial of insurance claims.

What Happens If A Car Accident Witness is Lying?

If a car accident witness is lying, their credibility is jeopardized once the truth is uncovered. Their false testimony can lead to legal consequences and hinder the investigation process. It may also impact the outcome of insurance claims or legal proceedings related to the accident.

What if Someone is Lying About a Car Accident? How the Lie Can Impact Your Case.

Okay, so we know that people often lie about the details of a car accident to try and minimize their role in causing it. At this point, it’s not unreasonable to think: can you sue someone for lying?

The answer is no — but that doesn’t mean it isn’t useful. The defendant’s lies can give you a strategic advantage.

See, lying about a car accident doesn’t create a lawsuit by itself. If you can prove that the defendant lied, however, it can “enhance” your case (i.e., easier to undermine the defendant’s narrative, access additional damages, etc.).

In a typical car accident dispute, one of the major challenges is proving that the defendant is liable for your injuries. In other words, proving that they are at-fault. The defendant may attempt to avoid liability by painting a favorable version of the factual narrative. This may include exaggerations and lies.

If you can point out discrepancies, there are two major impacts: 1) the court may determine that the defendant’s conduct is egregious enough to justify bonus punitive damages (which can increase your compensation significantly), and 2) it will be much easier to undermine all other statements made by the defendant, as the court will be less likely to believe them.

What Happens if Someone Lies About Injuries in a Car Accident?

When involved in a car accident, honesty is crucial, especially when reporting injuries to insurance companies. However, sometimes, one party may be lying about injuries in a car accident. This dishonesty can have significant legal implications, particularly when lying to an insurance company about an accident.

Lying About Injuries

Impact on Claims: If a driver is lying about the extent or existence of injuries in a car accident, it can complicate the insurance claim process. Insurance companies are adept at investigating claims and can often detect discrepancies or falsehoods in reported injuries.
Consequences for the Liar: If it’s discovered that a person is lying about their injuries, they could face serious consequences. This could range from the denial of their insurance claim to legal actions taken by the insurance company, including the demand for reimbursement of any compensation already paid.

Other Driver Lied About the Accident

Challenges in Proving Liability: If the other driver lied about the accident details, it might create challenges in establishing liability. This is where accident lawyers become invaluable. They have the expertise and resources to uncover the truth, collect evidence, and counter false claims made by the other party.
Role of Personal Injury Lawyers: Personal injury lawyers are skilled in dealing with cases where a party is lying about accident details or injuries. They work closely with medical professionals and investigators to ascertain the true extent of injuries and gather evidence to support your claim.

Insurance Companies and False Claims

Insurance Fraud: Lying to insurance companies about injuries or accident details can be considered insurance fraud, a serious offense that can lead to criminal charges.
Investigation by Insurers: Insurance companies often conduct thorough investigations into accident claims, especially when there is suspicion of false reporting. This could include medical examinations, analysis of accident reports, and scrutiny of any discrepancies in the driver’s story.

Lying about injuries in a car accident is a serious matter with significant legal repercussions. Whether you’re dealing with another driver who lied about the accident or you suspect fraud in injury claims, it’s crucial to have professional legal representation. Experienced accident lawyers and personal injury lawyers can navigate these complex situations, ensuring that your rights are protected and that justice is served in the face of dishonesty.

Ready to Sue Someone? Call 1-800-THE-LAW2 for a Free Consultation

If you’ve been injured in a car accident — whether or not you believe that the defendant is lying about the facts — you should speak to an experienced attorney about your case.

Call our team at 1-800-THE-LAW2 to connect to a qualified car accident attorney in just 10 minutes or less. Consultation is free and confidential, so there’s really no downside to having a conversation.

We look forward to assisting you.

What Happens When Someone Accidentally Slips in a Store and Hurts Themselves?

When a customer slips, trips, or falls and gets an injury in a parking lot or store, there is a potential legal claim. Under the law, that injured shopper may be entitled to sue and recover significant damages.

But how does a personal injury claim work? Let’s take a closer look.

Is a Store Liable for a Customer Injury? If I Slip in a Store, Can I Sue?

Store Liability for a Slip and Fall Accident

Property owners and proprietors, or store operators like landlords, have a legal responsibility to maintain the premises in a reasonably safe condition for patrons. If the establishment is unsafe in any way and contributes to you getting hurt, then you have a right to sue and recover damages for injuries. One example of this is a slip and fall injury from a wet floor in a grocery store.

The right to sue and recover after an accident applies in every jurisdiction in the United States. Though state laws may vary somewhat, the fundamental principles of slip and fall cases are the same.

Causes of Slip and Fall Accidents That Could Also Be Examples of Store Negligence

Slip and fall accidents happen due to a variety of factors, including:

Liquid spills with no sign warning, like wet floors
Traction less, smooth flooring
Defective flooring, like broken tiles and so forth
Failure to install railings
And more

Such conditions can significantly increase the risk of bodily injury or personal injury due to a slip and fall. If you encounter any of these, the store owner or property operator may be at fault for failing to maintain the premises in a reasonably safe condition, also known as premises liability.

When Is a Business Liable for the Harm of a Customer?

Awareness of the Safety Issue

In slip and fall cases, the company or store owner may try to avoid premises liability and argue that they were unaware of the slip and fall hazard. In other words, they could argue that they had no reason to believe that there was any danger.

Your attorney can counter this defense argument by showing that the defendant either “was” actually aware, or “should have been” aware of the hazard. Property owners and property operators, for example, a landlord, have a responsibility to conduct regular inspections of the premises. In doing so, they discover that there is a hazard. Once they discover the hazard, they can either fix it, or put up a warning sign to prevent shoppers from getting injured.

The frequency of inspection varies from store to store, depending on the industry. For example, a grocery store has to be inspected more frequently than a furniture department store. Failure to inspect frequently enough to discover the hazard before a visitor is harmed can give rise to liability, and it’s also negligence.

In store negligence cases, determining what happens if you slip and fall in a store hinges significantly on whether the store was aware of, or should have been aware of, hazardous conditions leading to accidents occurring.

For instance, poor lighting in an aisle can obscure a spill or an uneven surface, significantly increasing the risk of a fall. In such scenarios, if an accident occurs due to this lack of visibility, the store could be held liable for not maintaining safe conditions.

These cases often revolve around whether a reasonable effort to identify and rectify such hazardous conditions was made. If a store fails to conduct regular checks or ignores reports of potential dangers, such as poor lighting or spills, they can be found negligent.

The key factor in these incidents is the store’s knowledge and response to the unsafe conditions. If it is proven that the store was aware, or reasonably should have been aware, of the hazard and did not take appropriate action, they can be held responsible for any injuries sustained as a result of their negligence.

What Are the Elements of Vicarious Liability?

Suppose that one of the store employees failed to conduct a proper inspection, and that’s why the floor was wet and wasn’t cleaned. In turn, the spill caused you to slip and fall and you hurt yourself.

In this example, the employee is technically at-fault, because they committed negligence. However, the store can also be held liable, due to vicarious liability.

Thanks to vicarious liability law, an injured plaintiff can sue an employer for the negligence of their employee. In the case of the wet floor, the employee was negligent in inspecting the premises. Though it isn’t technically the store’s fault that you slipped and fell, they can be held legally responsible for your injuries and the negligence of their worker.

What Happens If You Hurt Yourself in a Store?

What To Do If You Are Injured in a Store

After a slip and fall accident, you may be confused about what to do next. Don’t worry; it’s actually quite simple. Here are the steps to take after an accident:

If needed, call 911 and seek medical attention right away. Then contact an experienced slip and fall lawyer as soon as possible. They will first evaluate your case. If it makes sense to move forward, they will work with you to gather evidence, develop an argument, and push for a positive resolution, like compensation.

Gather and preserve evidence. If possible, take photos of the accident scene, and keep copies of all documentation that is associated with the accident. An example of this is a police report.

Avoid negotiating a settlement with the store or its insurance company without the help of an attorney. They will attempt to undercut your claim and minimize their overall damages.

Can You Sue a Store for Injuries Caused by a Slip, Trip or Fall?

What happens if you are injured in a store? If you’ve been injured in a slip, trip, or fall accident, then you could be entitled to significant damages as compensation. At times, the law is confusing and overwhelming, and this is especially true for first time plaintiffs who have no experience of the litigation process. We’re here to help.

If you’re injured in a store due to a slip, trip, or fall, it’s essential to understand your legal rights. Retail store negligence settlements often cover a range of compensations, including for pain and suffering, medical bills, and lost wages. When you are injured in a store, the law looks at whether the store or store manager neglected their duty of care in maintaining a safe environment.

This duty of care means that the store must keep the premises free from dangerous conditions that could cause harm, such as wet floors without warning signs or uneven flooring. If these conditions cause an accident, the injured party can sue the store for negligence.

For example, if you slip in a store and sustain injuries, you can potentially sue for compensation. This compensation is not just for medical expenses but can also include pain and suffering caused by the injury, any lost wages due to the inability to work, and other related costs. A personal injury lawyer can help you understand the specifics of your case and guide you through the legal process.

They will work to prove that the store’s negligence led to the dangerous condition which caused your injury. The lawyer will also negotiate with the store’s insurance company on your behalf to ensure you receive a fair settlement that covers all your damages.

Sustaining an injury in a store due to negligence can lead to a legal claim against the store. It’s important to document the incident, report it to the store manager immediately, and seek legal advice to understand your rights and the potential for a retail store negligence settlement. A personal injury lawyer will be instrumental in guiding you through the process, representing your interests, and helping you recover the compensation you deserve for your pain, suffering, and other losses.

Call 1-800-THE-LAW2 for a Free Consultation and to Speak With a Qualified Slip and Fall Attorney Near You.

Call 1-800-THE-LAW2 for a free consultation with an experienced slip and fall accident attorney in our network. There’s no cost, and no commitment. If you decide that you’d rather not move forward with your case, that’s ok!

So get in touch today and we’ll connect you in just 10 minutes or less. Get a legal team working on your side.

What Is a No-Fault Accident?: What it Means and How to Protect Yourself

If you’ve been involved in a car accident, then you might have heard that your accident is covered by the no-fault system. This can be confusing for many people. After all, we mostly understand that an accident can lead to a lawsuit against the defendant, but what is a no-fault accident, and what does it entail? In a no-fault accident, who pays?

No-fault accidents aren’t as complicated or confusing as they might seem at first glance. In fact, they provide foundational compensation in almost all cases! That being said, we do encourage you to contact us at 1-800-THE-LAW2 for further guidance. We’ll connect you to an attorney in our network for a free consultation to evaluate your claims and advise you on next steps.

If you’re still curious about the intricacies of no-fault accidents, continue reading to learn more.

What is a no-fault accident?

Following the average car accident, an insurance company must determine which driver was “at fault.” The insurance company of the individual determined to be at fault is responsible for covering the damages.

We consider an accident “no-fault” when the compensation does not depend on the determination of fault.

In no-fault accidents, your personal insurance provider will be responsible for paying for any hospital bills, medical expenses, or fees associated with post-accident rehabilitation. Drivers will receive compensation for associated medical expenses regardless of who caused the accident. Benefits might also cover lost wages as a result of the accident, funeral expenses, and certain replacement services.

You are most likely to experience a no-fault scenario in one of the ten no-fault states.

What is a no-fault state?

In the United States, a small minority of states impose a system known as “no-fault.” In accordance with this system, if you get into an accident, you’ll have to turn to your own insurance policy for compensation.

Which states impose the mandatory no-fault system?

A minority of states follow the mandatory no-fault system. In these states, you must turn to your own car insurance coverage for a recovery, no matter the fault of the driver. The ten current no-fault states are as follows:

Florida
Hawaii
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
New York
North Dakota
Utah

Beyond that, only three jurisdictions employ a hybrid system. In the hybrid system, you can choose between the different options, no-fault included. These jurisdictions are Washington, DC, New Jersey, and Pennsylvania.

In scenarios where there’s a serious injury, the cost of damages will likely meet a minimum threshold. This will allow you to move forward with a traditional car accident lawsuit and sue the defendant for damages. We’ll discuss this further below. All to say, there is almost always a way to get the compensation you really deserve following an accident.

Circumstances vary, however, so it’s worth talking to an attorney about what steps make the most sense for you.

Who pays for car damage in a no-fault state?

It is crucial to note that, in no-fault scenarios, benefits do not cover the damage to property. In such cases, the driver deemed technically at fault will be responsible for the damages.

In designated no-fault states, licensed drivers must carry property damage coverage. If your car or other property is damaged in an accident, you will need to file for compensation through the other driver’s insurance. This is a fairly standard process, and a car accident attorney can easily help.

What is a No-fault Insurance Policy?

No-fault insurance policies are often referred to as personal injury protection or PIP policies. They tend to provide minimal coverage. If you are licensed to drive in a no-fault state, you must have a PIP policy to own and operate an automobile.

If you sustain a less-than-serious injury (i.e., no-fault applies), the minor injury losses will be fully covered by your PIP benefits. In this way, no-fault protects you, so you won’t have to pay minor medical bills out of pocket.

A woman makes a telephone call after an accident

What happens in a no-fault accident if you have sustained serious injuries?

In a minor “not at fault” collision claim, you can recover most of your losses through your insurance policy. Minor injuries may require a little more effort. Luckily, in No Fault accidents, you have pathways toward achieving the compensation you deserve.

In such instances, consider working with an attorney for proper assistance. They can advise you on how to proceed with a lawsuit.

Is there any way to bring a car accident lawsuit in a no-fault state?

Yes, it’s possible under certain circumstances, and in fact, it’s advised in many cases. If you’re involved in a no-fault car accident, then, in order to bring a lawsuit, you’ll have to qualify for one of the exceptions.

There are two primary exceptions:

The accident resulted in a “serious injury” as per the legal threshold or
The accident led to medical expenses that calculate above the legal threshold.

We’ll briefly clarify what these two exceptions entail below.

What qualifies as a serious injury?

Even in no-fault states, those who suffer serious injuries are fully entitled to sue the defendant-driver and obtain compensation.

Definitions of seriousness vary from state to state, but as a general rule, a serious injury involves significant or permanent disruptions to bodily functions, disfigurement, and other similarly severe damage. Disabilities that last as short as three months often qualify as serious. In most cases, you are free to pursue a lawsuit against the defendant if the medical expenses (linked to the accident) are greater than a specified threshold amount. This amount can be as little as $3,000 in some states, so the threshold is quite low.

In many car accident scenarios, the exception will apply, giving you the freedom to pursue a lawsuit.

In the state of New York, for example, a fracture injury is enough to qualify as “serious” for the purpose of a no-fault exception. In these cases, you can and should sue the defendant for excess damages, and will usually be successful.

What should you do if you get into a car accident in a no-fault state?

If you get into a car accident in one of the no-fault insurance states, there are a number of steps that you should take. Some of these steps are universal to all car accident scenarios, while others are specific to the no-fault dynamic. When considering what to do, be aware that your circumstances should determine your choices.

The general steps to follow are as follows:

Secure emergency medical attention
If not severely injured, jot down eyewitness contact information
Avoid extensive discussion with the driver who hit you
Avoid discussion with the insurance companies until you have hired an attorney
Cooperate with law enforcement, though it’s better if you have an attorney
Hire an attorney
Evaluate your damages
Submit your no-fault insurance claim
If your damages are not fully covered by no-fault insurance, explore options for a lawsuit
Negotiate a settlement to secure compensation funds
If a fair settlement is impossible, move forward with litigation

We understand that it can be overwhelming to deal with. That’s one of the many reasons why it’s worth working with an attorney at an early stage.

Experienced attorneys provide both advocacy and guidance. They will give you clarity on next steps and will work closely with you to ensure that your best interests are protected along the way.

What if you get into an accident while traveling in a no-fault state?

If you are licensed in a state without no-fault benefits, you likely do not have PIP insurance. What happens if you get into an automotive accident in a no-fault state?

In such cases, the no-fault system still applies. As an insured driver, you have coverage nationwide. As long as you have the legal minimum automotive insurance required by your home state, you can claim no-fault benefits after an out-of-state accident. This should be the case even if your existing insurance policy does not include no-fault benefits.

If you get into an accident while traveling in another country, the situation is more complex. Always consult legal counsel for assistance with complex legal scenarios.

Does a no-fault accident go on your record?

Yes, it will. In a no-fault state, you’ll have to submit a claim for reimbursement with your insurance company to obtain compensation. This claim for reimbursement will go on your driving record, whether or not you were actually at fault for the accident.

Bear in mind that the record for a car insurance claim is not permanent. Depending on the state jurisdiction and the severity of the accident, the claim will go on your record for anywhere from two years to five years or more. If possible, it’s worth talking to an attorney about how the claim will impact your driving record and what sort of consequences you may face as a result.

Contact 1-800-THE-LAW2 for a Free Consultation Today

If you’ve been injured in a car accident, then you may have a right to sue and recover compensation under the law. Pursuing compensation isn’t always straightforward. There are twists and turns and barriers to overcome. Certainly, the insurance companies and your legal opposition aren’t going to pay without some strategic back-and-forth first.

We encourage you to take these important steps towards recovery alongside a trusted attorney.

Contact 1-800-THE-LAW2 to get connected to an experienced car accident attorney in our network. Consultation is free, and there’s no obligation to continue if you decide that it isn’t the right path for you. However, do be aware that all claims have a deadline, so it’s important that you contact us for an attorney as early as possible.

What are the California Statutes of Limitations?

A statute of limitations is the amount of time you have to file a claim. If you file a claim after the statute of limitations has expired, your claim could be subject to denial. Every case is different and similarly the California statute of limitations for every claim may vary depending on the circumstances.

This is why it’s important to speak to a lawyer right away. You don’t want to risk the statute of limitations expiring and losing your right to a claim.

In California, and elsewhere, the “statute of limitations” operates as something of a deadline for each of your claims. The statute of limitations period gives you a set amount of time by which you have to file the applicable claim. If you wait too long and file after the statute of limitations period has expired, then your claim can (and likely will) be dismissed by the court.

Every case is different, and as such, the statute of limitations for every case is likely to vary depending on the circumstances. The dynamic nature of litigation can be quite confusing for those who are unfamiliar with the practice of law. Thus, it’s important to speak to a lawyer as soon as possible — you don’t want to risk having the statute of limitations expire, as you’d lose your right to secure damages in a court of law.

Now, when it comes to the statutes of limitations, each state has its own set of rules. It’s therefore critical to understand the basics, and to keep these limitations top-of-mind as you move forward with filing a claim.

Some of the more commonly-encountered California statutes of limitations, as noted by the Judicial Branch of California, include:

Common California Statutes of Limitations

When it comes to statutes of limitations, each state has their own specification. It is important to understand and keep these limitations in mind if you are considering filing a claim. A few of the common California statutes of limitations, as stated by the Judicial Branch of California, include:

Personal Injury Statute of Limitations

The personal injury statute of limitations in California begins to run 2 years from the date of injury. If the injury was not discovered right away, however, then the statute of limitations period begins to run 1 year from the date that the injury was discovered.

When filing a personal injury claim in California, the specified period of time set by the statute of limitations is crucial. It is advisable to consult with a personal injury lawyer as soon as possible after the incident. This legal professional can help ensure that your claim is filed within the mandated 2-year period (or 1 year from the discovery of the injury) and can provide invaluable guidance through the complexities of your case.

Acting within this period is essential, as missing this deadline could significantly impact your ability to seek and receive compensation for your injuries. A knowledgeable personal injury lawyer will help you navigate the legal system, ensuring that all necessary steps are taken promptly and correctly within this critical period of time.

Property Damage Statute of Limitations

The property damage statute of limitations in California begins to run 3 years from the date that the property damage occurred.

For those looking to file a lawsuit for property damage in California, it’s important to be aware of the California property damage statute of limitations. This statute establishes a 3-year timeframe from the date the damage occurred for you to legally pursue your claim. Filing a lawsuit within this period is crucial. If you initiate legal action after this 3-year window, your case is likely to be dismissed by the courts due to non-compliance with the statute of limitations.

This timeline ensures that claims are made while evidence is still fresh and viable. For effective handling of your property damage lawsuit, it’s recommended to start the process as early as possible within this three-year period to ensure all procedural requirements are met and your rights are fully protected.

Car Accident Statute of Limitations

The statute of limitations in California for car accidents depends on the type of injury. For most car accidents in California, the statute of limitations is 2 years from the date of the accident. This means you have 2 years from the day of the car accident to initiate legal proceedings against the at-fault party.

If your claim is strictly for property damage (like damage to your vehicle), the statute of limitations extends to 3 years from the date of the accident.

Medical Malpractice Statute of Limitations

The medical malpractice statute of limitations begins to run 1 year from the date that you discovered the injury, or 3 years from the actual date of the injury (whichever is the earlier date between the two).

Navigating a medical malpractice case under the CA statute of limitations for a personal injury lawsuit requires careful attention to time constraints. In California, the statute prescribes a 1-year period from the date of discovery, or a maximum of 3 years from the actual date of the injury for medical malpractice cases.

It’s essential to understand that this period is distinct from the standard personal injury case timeline. This shorter timeframe emphasizes the need for prompt action if you believe you have been a victim of medical malpractice. Initiating your lawsuit within this period is crucial, as failure to do so could result in losing the opportunity to seek justice and compensation for your injuries.

Consulting with a personal injury lawyer who has expertise in medical malpractice cases can provide critical guidance to ensure your case is filed in accordance with these specific limitations.

Workers’ Compensation Statute of Limitations

In the workers’ compensation context, you — the injured employee — must notify your employer within 30 days of being injured to file a claim. Failure to do so could result in the loss of significant workers’ compensation benefits.

It’s important to note that for workers’ compensation claims in California, the personal injury statute of limitations extends beyond just notifying your employer about the injury. After reporting the injury to your employer, you generally have up to 1 year from the date of injury, or from the date you became aware of the injury, to officially file a workers’ compensation claim.

This timeframe is crucial for protecting your right to receive workers’ compensation benefits. Failing to file the claim within this 1-year period can lead to the loss of your eligibility for these benefits. This emphasizes the importance of not only promptly reporting your injury to your employer but also taking the necessary steps to file your claim within the stipulated timeline. Understanding and adhering to this statute of limitations is key to ensuring you receive the compensation and benefits you’re entitled to for a workplace injury.

Sexual Harassment Statute of Limitations

In California, those who have been sexually harassed must file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) within just 6 months of the date of sexual harassment at-issue.

For those seeking to address sexual harassment in California, it’s crucial to act within the stipulated 6-month timeframe to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC). This relatively short window underlines the importance of taking prompt action.

Delaying beyond this period could jeopardize your ability to pursue legal recourse. The 6-month statute of limitations for filing with the EEOC is an essential first step in the legal process to address sexual harassment in the workplace. It’s often advisable to seek guidance from an experienced employment law attorney as soon as possible after the incident occurs.

This legal support can be invaluable in navigating the complexities of filing a timely and effective claim, ensuring that your rights are protected and your case is presented in the strongest possible manner.

Breach of Contract Statute of Limitations

In California, you have 4 years to file your breach of contract claim (from the date that the contract was broken) if the contract was in writing. If the contract was oral, then you only have 2 years from the date that the contract was broken.

In California, the distinction in the statute of limitations between written and oral contracts is a critical aspect to consider when dealing with a breach of contract case. For written contracts, you have a 4-year period from the date the contract was breached to file a lawsuit.

However, if the contract was oral, the timeframe is reduced to just 2 years. This variation underscores the importance of understanding the nature of your agreement and acting accordingly. If you suspect a breach of contract, it’s essential to determine the type of contract involved and file your claim within the appropriate statute of limitations.

Delaying legal action can result in forfeiting your right to seek redress for the breach. Consulting with a legal professional experienced in contract law can help clarify these timelines and ensure that your claim is filed in a timely manner, preserving your legal rights and interests in the matter.

Government Claims

According to the Judicial Branch of California, you must first file an administrative claim with the particular branch of the government that you are taking action against before you can sue in a court of law.

With respect to filing that initial administrative claim, you’ll be subject to a 6-month statute of limitations period. Specifically, you’ll have to file within 6 months (of the date of the inciting incident) for personal injury and property damage claims, and within 1 year for breach of contract and real property damage claims.

When filing claims against a government entity or agency in California, the process involves specific protocols that differ from standard civil lawsuits. The preliminary step requires you to file an administrative claim directly with the government entity responsible for your grievance. This initial filing, which must be done within the 6-month or 1-year periods depending on the nature of your claim, is a prerequisite before any legal action can be pursued in court.

It’s important to accurately identify the correct government agency and adhere to their specific claim procedures, as each entity might have its own form and requirements. This step is crucial because it officially notifies the government entity of your intent to seek compensation and allows them a chance to respond to your claim.

Failing to comply with these specific procedures or missing the deadlines can result in your claim being dismissed, regardless of its merits. Therefore, understanding and correctly navigating the process of filing claims against government entities is vital for the successful pursuit of your legal rights.

The Discovery Rule

California law establishes a number of exceptions allowing plaintiffs extra time to file their claims for the statute of limitations deadline. Perhaps the most important exception is known as the “Discovery Rule.”

The discovery rule for statute of limitations carves out an exception whereby the statute of limitations does not begin to run until the date that the plaintiff discovers (or should discover) that they were actually injured and therefore entitled to bring legal action.

How does this work?

Suppose that you are involved in a low-speed car accident. You walk away thinking that you haven’t been injured, and in fact, early diagnostic tests by your doctor show that you didn’t suffer any serious injuries. Four years later, however, a CT scan reveals that you are suffering from spinal degeneration caused by the accident.

Now, California’s default personal injury deadline is 2 years from the date of the injury. If you attempted to file your claims four years later, it would — normally — fail, and the court would dismiss the claims. However, given the circumstances, you could take advantage of the discovery rule.

The court would give you a year to file the claims (starting from the date that you discovered the injury). Thus, you could file 4 years, or even 7 years after your injuries, and still have an actionable, legitimate claim.

Contact An Attorney For A Free Consultation

Regardless of the type of claim you are looking to file, you should speak with a lawyer as soon as possible.

Here at 1-800-THE-LAW2, the California-based attorneys in our network can help you move forward with your claims while ensuring that you do so in a timely manner, without violating the statutes of limitations in California. Our skilled lawyers can let you know if you have a potential case over the phone.

Call us today to connect to an attorney in your area within just 10 minutes or less. Consultation is free and confidential, so don’t delay, as you could be putting your case at-risk of dismissal by waiting too long to file!

Our staff is available to help 24/7 in both English and Spanish. We look forward to speaking with you further.

SOURCES:

American Association of University Women. Know Your Rights: Workplace Sexual Harassment. Retrieved February 24, 2015.

The Judicial Branch of California. Statute of Limitations. Retrieved February 24, 2015.

What is a Hit and Run?

What is Considered a Hit and Run?

A hit and run, by definition, is a car accident where a vehicle hits a person, object, or other vehicle, then, the driver flees the scene without providing their information. This leaves victims without any way to get compensation or medical help.

Hit and run statutes vary from state to state, however, it is usually considered the crime of a driver of a vehicle who is involved in a collision with another vehicle, property, or person, who knowingly fails to provide the necessary information. This includes his or her name, license number, and other details as required by law to the injured party, witness, or police officials.

If a vehicle has hit property and no other persons are involved, it may suffice to leave the information attached to the damaged property, provided that the person who caused the accident makes a police report.

Examples of what happens in a hit and run accident include:

A driver hitting pedestrians in the crosswalk and then speeding off.
A driver hitting your unattended parked car without leaving contact information or any means of collecting damages.

What are the Penalties of a Hit and Run Case?

The severity of penalties in a hit-and-run case hinges on the extent of the damage or injuries caused. Generally, you can expect the penalties to fall into one of these categories:

Misdemeanor: This applies to cases involving property damage only, with no injuries. Fines can reach up to $1,000 and there is a potential jail time of up to one year, depending on the state.
Felony: If the hit-and-run incident results in serious injuries or fatalities, it becomes a felony, carrying much stricter penalties. This could include fines up to $20,000, up to one year in jail, and license revocation.

Beyond the legal consequences, being convicted of a hit-and-run can have lasting impacts, including:

Civil lawsuits: The victims have the right to pursue compensation for medical expenses, lost wages, and pain and suffering through civil suits. These lawsuits can result in substantial financial obligations for the offender.

What to Do After a Hit and Run Accident

If you are the victim of a hit-and-run, getting medical attention is the number one priority. Call the police for help if you can, otherwise call out for help from fellow drivers/pedestrians. If your injuries are not serious, it is important to remain calm and try to gather as much evidence as possible given the status of the scene. Having more information increases the likelihood of the police catching the driver who hit you, and helps your car insurance company make decisions about your claim.

Try to get information about the make, model, and license plate number of the car. Next, look around and talk to witnesses. Perhaps, they were able to view additional details about the car or can supply missing information about the driver’s profile.

Document the scene and take pictures and videos on your phone. Be sure to get different angles of your car, especially if there are remnants of paint from the other car. (This will help prove you are not attempting to defraud your insurance company.)

If the hit and run occurred when your vehicle was parked, you should also document as much information as you can – the time you discovered the damage, the location of the vehicle, and details on the damage.

While it may be tempting to go after the other car, either by driving or on foot, this may cause more harm than good. Not only are you putting other vehicles at risk with reckless driving, but also you may injure yourself further.

It is best to call the police and file an accident report that includes the details you gathered, as well as the names and contact information of witnesses you were able to find. Even if the police cannot find the driver, having an official police report can go a long way in processing your auto claim.

Contact your car insurance company. In terms of auto insurance, hit-and-run accidents are the only accident in which you are not at fault for which you will be required to pay your collision deductible, in most cases. There is no other coverage on your auto policy that will cover a hit and run, which is why you will be required to pay the deductible. If you do not carry this optional coverage, you will not have insurance benefits to cover your damage.

Seek Legal Support After a Hit and Run

The consequences of a hit-and-run can be crushing, both legally and personally. Don’t navigate this complex and stressful situation alone.

At 1-800-THE-LAW2, our network of experienced car accident lawyers is ready to fight for you. A single call connects you with the legal guidance you need. Contact us today to get connected for a free consultation.

Free Legal Information and Free Consultation with a Lawyer

If you’ve been injured as a driver or passenger in an auto accident or have been hurt at work, you deserve justice. Make a confidential call today 1-800-THELAW2 to get free lawyer advice from experienced attorneys in Accident Law and Personal Injury Law practices, specifically:

You have a limited amount of time to take legal action. Don’t worry about money; you get paid, or you don’t pay at all.

In this article, you’ll find answers to the following questions and topics:

Is there a website to ask lawyers questions?
Will a lawyer answer questions for free?
How can I get free legal advice in California?
Is there a way to chat with a lawyer for free online?

Is There a Website to Ask Lawyers Questions?

Here at 1-800-THE-LAW2, our legal articles are published by Bar-certified attorneys. They are meant to be a resource for the general public, who may have a number of different questions and concerns. If your specific question isn’t answered in one of our legal articles, we encourage you to call into our network to get connected to an attorney for a free consultation.

Five Reasons to Call Us Today

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Learn if you have a case right over the phone
Get a FREE consultation with an attorney
You pay no up-front out-of-pocket fees
Our attorney members work on a contingency basis – you get paid, or you don’t pay at all

Will a Lawyer Answer Questions for Free?

Generally speaking, yes. Personal injury lawyers, employment lawyers, family law lawyers and others often work on a contingency basis, and also offer free consultations. What this means is that you can call in to speak with an attorney for up to half an hour, or even an hour at some firms.

During this time, you can discuss your case and ask whatever questions you may have. The attorney will answer these questions to the best of their ability. And the best part? It’s all free! If you decide to move forward, then you can sign a contract with the attorney and become their client.

For the free consultations offered, use our free legal advice hotline 24/7 for immediate assistance. This hotline is part of a lawyer referral service, providing an invaluable resource for anyone needing quick answers to pressing legal questions. They connect you directly with attorneys who can offer a free attorney consultation, regardless of the time of day.

Whether it’s a question about an accident, a workplace issue, or any other legal concern, these services ensure that professional advice is just a phone call away. By utilizing a lawyer referral service, you gain access to a network of attorneys specializing in various areas of law, enhancing the likelihood that your specific legal needs will be met effectively.

This 24/7 availability gets you access to legal assistance, ensuring that everyone has the opportunity to seek guidance and make informed decisions about their legal matters.

Six Benefits of Calling Us

Our accident attorney members are ready to help:

Talk to a lawyer for a free consultation
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How Can I Get Free Legal Advice in California?

In California, as in other states, free legal advice is available by simple calling 1-800-THE-LAW2 and getting connected to one of the attorneys in our network. In fact, we’ve been serving Californians and the local community since the 1980s. It is our mission to provide legal assistance and answers to those in need, and we’ve been doing so for nearly four decades.

We’re a lawyer referral service that can connect you with the lawyers and law firms in our network that cover many areas of law. No matter your legal problem, finding legal help and legal resources shouldn’t stop you from getting justice.

Schedule Your Free Consultation to Talk to a Lawyer for Free Using Our 24/7 Chat Service.

Here at 1-800-THE-LAW2, you can get a free lawyer consultation over the phone or we let you talk to a lawyer for free, 24/7 with chat online if you’d rather type than call. We understand that picking up the phone and calling can feel overwhelming, especially after a serious accident. Sometimes, a casual online chat feels like a smoother process.

During this online chat, you’ll have an opportunity to ask about our services. We’ll also collect some information about your case, and connect you to a qualified attorney as soon as possible.

Call 1-800-THE-LAW2 Today for Free Legal Information!

We’re a group of independent injury attorneys who have helped people get justice since 1985. Our attorney members can protect you against the insurance companies and their adjusters.

If you’ve been hurt as a driver or passenger in an auto accident or injured at work, call now. A personal injury lawyer or workers’ compensation lawyer can give you free legal information and tell you if you have a case right over the phone.

Your consultation with an attorney member is free! Call or complete our contact form today to get free legal information! Connect today with one of our helpful bilingual representatives. They are ready to help you in English and Spanish.

Access Legal Help Anytime, Anywhere

At 1-800-THE-LAW2, we firmly believe in the power of accessible legal support. Whether you need to talk to a lawyer for free 24/7 or prefer to chat online, we are here to facilitate your journey towards justice. With the option of a free attorney consultation, you have the unique opportunity to discuss your legal questions with expert personal injury attorneys at any hour – we are available 24 hours a day.

Navigating the complexities of legal issues can be daunting, but you don’t have to do it alone. Our network of dedicated legal professionals offers the legal representation you need to confidently move forward with your case. They are well-equipped to answer your questions, guide you through the legal process, and provide the expertise necessary for the best possible outcome.

In moments of uncertainty, especially when dealing with the repercussions of an accident or a

workplace injury, knowing that you can connect with knowledgeable attorneys anytime can be incredibly reassuring. Our commitment at 1-800-THE-LAW2 is to ensure that everyone has access to quality legal advice and representation when they need it the most.

So, whether you choose to call or use our online chat service, remember that expert legal assistance is just a few clicks or a phone call away. Reach out today for your free attorney consultation, and take the first step towards protecting your rights and securing the justice you deserve.

What happens after a car accident that is your fault?

So you’ve been in a serious car accident — but after a car accident that is your fault, or not your fault, what happens? There’s a lot of complexity to a car accident dispute that many first-time plaintiffs are not aware of. Seemingly small issues can become significant legal challenges if you’re not prepared.

That being said, if you’ve been in a car accident and you’re partially at-fault, then in many cases you can still sue and recover compensation — though your compensation total might be somewhat affected.

Let’s take a closer look.

How partial fault works in an accident dispute

After a car accident that is your fault — well, partially your fault — you might be wondering whether you can still secure compensation. For plaintiffs who are partially at-fault, compensation is often possible, but it depends on your jurisdiction. States are divided into three legal systems when it comes to fault:

Pure comparative fault: you can sue and recover damages even if you’re 99 percent responsible (i.e., at-fault) for the accident.
Modified comparative fault: you can sue and recover damages, so long as you’re less than 51 percent responsible for the accident.
Strict contributory fault: you cannot sue and recover damages if you’re partially at-fault.

So, if you’re in a pure or modified comparative fault state, chances are that you’d still be entitled to sue and recover. That being said, your total compensation is likely to be reduced by the percentage fault that you’ve contributed. For example, if a court finds that you’re 40 percent at-fault for your own injuries (due to not wearing a seatbelt), then your $100,000 damages claim could be reduced to a $60,000 recovery. Not bad, but just bear in mind that this percentage reduction could impact your recovery.

What to do after an accident that is not your fault?

After a car accident that is your fault (or not your fault), there are certain steps you should take to preserve your claims and to avoid undermining your ability to sue and recover the maximum amount of compensation. Here are some considerations to keep in mind in the wake of a car accident:

Secure emergency medical assistance. Depending on the nature of your injuries, emergency medical care could be necessary to ensure your own safety. Your #1 priority should be to manage your health and safety.
If possible, take pictures and videos of the accident scene. If you do not have an immediate medical need that forces you away from the accident scene, then you should take some time to obtain photos and videos of the accident and the surroundings. This can serve as valuable evidence.
Contact law enforcement. Law enforcement officers will survey the scene and ask comprehensive questions, which will all be used to build out a police report that can later be brought in as evidence.
Gather the contact information of eyewitnesses. Eyewitness testimony can be extremely useful for supporting your factual narrative during the car accident dispute.
Avoid speaking extensively to insurers, defendants, and others. Your discussions could lead to disclosures that undermine liability and harm your ability to secure compensation in an eventual lawsuit.
Obtain the assistance of an attorney as soon as possible. Your attorney will be able to communicate on your behalf, guide you along the early evidence-gathering and negotiation processes, and more.

For example, suppose you’ve been in an accident. After a car accident that is your fault (or not your fault), you may feel pressured to talk about the details with your insurance company. Don’t make that mistake! First, get in touch with an attorney who can provide guidance on how to speak with the insurance company — or who can speak on your behalf, thus preventing any sensitive disclosures.

Compensation in an accident dispute

In an accident dispute, there may be a variety of losses that you — the injured plaintiff — have sustained as a result of the defendant’s actions. These losses can be tallied up and claimed as damages, and if the court agrees, you will be entitled to compensation that covers the claimed losses.

Damages may include the following:

Lost wages
Loss of earning capacity
Medical expenses
Property loss
Pain and suffering
Loss of enjoyment of life
And more

For example, suppose that you’re injured in a car accident, and you have medical bills that tally up to $100,000. Your injuries are also severe enough that you can’t return to work for six months. With a salary of $80,000, you therefore lose out on $40,000 in wages. That’s $140,000 in damages, not accounting for further pain and suffering damages — which could be $100,000 or more, even.

Losses can quickly add up, but you’ll have to be comprehensive in accounting for all of your post-accident losses!

Why you should get an attorney

Attorneys aren’t just advocates in a trial setting. They have a variety of different responsibilities and tasks to take care of over the course of litigation, from start-to-finish. These include (but are not limited to) the following:

Identifying, gathering, and preserving evidence
Managing eyewitness statements
Working with experts on supportive testimony
Communicating to others on behalf of the client
Navigating legal procedural requirements
Developing and executing a cohesive case strategy
Negotiating a potential settlement compromise
Handling court hearings and other processes
Pushing forward to trial if settlement talks fall through
Securing the final compensation amount for the client
And more

Given the various responsibilities that an attorney can handle on your behalf — at a professional level — it’s worth consulting one as early as you can after an accident so that they can help you overcome the many challenges that you’re likely to face.

Contact 1-800-THE-LAW2 for a Free Legal Consultation

If you’ve been injured in a car accident, and it was partially your fault, then it’s important not to assume anything about your ability to sue — in many cases, you could be entitled to sue and obtain damages. Fault issues can be strategically managed by an experienced attorney, and your legal opportunities can change based on the jurisdiction in which your case is being litigated.

Contact 1-800-THE-LAW2 for a free legal consultation with an attorney in our network. During this initial consultation, you’ll have an opportunity to discuss your case in detail and learn more about the various strategic options. If you decide against moving forward, that’s ok — there’s no obligation to continue. So call in and get started!

We look forward to assisting you.

Slip and Fall at Work Accident: What Happens If You Slip and Fall at Work

What if a slip and fall accident occurs at work?

If slip and fall refers to cases in which someone falls and suffers harm because of a dangerous condition on someone else’s property, wouldn’t this include the workplace? It does, and slip and fall injuries in the workplace happen often.

According to the Bureau of Labor Statistics, 260,610 workers in the United States suffered injuries associated with slip and falls in 2008 and 847 of those were fatal. Slips trips and falls result somewhere between 15-25 percent of all nonfatal workplace injuries, the highest frequency of injury.

Even more recently, The National Institute for Occupational Safety and Health (NIOSH) reported that 18% of the 1,176,340 nonfatal work injuries resulting in days away from work in 2020 were related to slips, trips, and falls. If you have slipped and fell at work, you understand that it can be a traumatizing, and oftentimes costly, experience.

We often think of slips trips and falls as minor, but they are sometimes serious and can result in permanent, even disabling, injuries, including:

Broken bones
Back or spine injuries that may cause paralysis
Muscle strains
Sprains
Death — someone dies in a fall on the job practically every day

Today, we are going to cover what happens if you experience a slip and fall injury at work so you can understand your rights and potential compensation after this type of accident.

Compensation for a Slip and Fall at Work

One of the first questions many people have after they’ve slipped at work involves their rights. Namely, if you slip and fall at work, can you sue?

Most on-the-job injuries are handled by your state’s workers’ compensation insurance, preventing you from suing your employer. You also don’t have to prove employer fault through workers’ compensation. However, although you do not have the responsibility of proving fault, workers’ compensation laws limit the amount you can receive.

Some states do not require workers’ compensation for small companies. But if your injury was caused by your employer’s intentional or reckless action, or the actions of a third party, such as another company making a delivery to your employer, you may be able to file a lawsuit against that company.

You should always consult with a lawyer if you are the victim of a slip and fall accident. An experienced lawyer can advise you on your rights and responsibilities.

I fell at work, what are my rights?

It is only natural after a slip and fall at work to consider your rights. First, you can generally file a workers’ compensation claim for medical and wage benefits, regardless of fault. Additionally, you have the right to consult with a personal injury attorney who can assess your case, explore potential third-party liability claims, and provide legal guidance.

Consulting with a lawyer is perhaps the most important step for any slip and fall at work settlement. They will continue to advise you on your rights and any nuances of your situation.

Keep in mind that time limits apply, so prompt action is crucial. The time limit varies by jurisdiction and the type of claim. An attorney can assist in evidence collection, represent your interests, and seek compensation for medical expenses, lost wages, and more, depending on your specific circumstances.

How can I prove that my slip and fall accident was due to the employer’s negligence?

If you slipped and fell at work, it could be important to document that it was due to the employer’s negligence. One of the first things you should do is report the incident to your supervisor or HR department. Seek medical attention and document the accident and your injuries.

In situations when workers compensation does not apply, it’s important to establish negligence, meaning you will need to show that the employer knew or should have known about the hazardous condition, failed to address it and that this failure directly caused your injuries.

A lawyer can help you compile documentation and follow through with proving the accident was due to employer negligence.

Man at work who slipped on poorly constructed staircase

Who’s Looking Out for You?

When a slip and fall accident occurs in the workplace it is usually due to the employer’s negligence.

For your safety and that of your co-workers, it is important to recognize slip and fall hazards. These are some things to look for:

Cluttered floors
Loose floorboards
Defective sidewalks
Parking lot potholes
Poorly constructed staircases
Torn carpeting
Recently mopped or waxed floors
Wires
Leaks

Slips trips and falls at work are preventable by following a few simple steps:

Clean all spills immediately
Mark spills and wet areas with signs
Regularly mop or sweep debris from floors
Remove obstacles from walkways, always keeping them free of clutter
Tack or tape mats, rugs, and carpets that do not lay flat
Always close file cabinet or storage drawers
Cover cables that cross walkways
Keep working areas and walkways well-lit
Replace used light bulbs and faulty switches

Although your employer may have workers’ compensation insurance and in-house medical staff, you want to be sure that you aren’t rushed back to work too soon or that you are saddled with medical bills after a slip and fall injury at work.

To sort out your legal rights, it’s important to talk to an experienced workers’ compensation attorney in your state. You want to make sure that you are given the proper amount of time off to heal and receive fair compensation for your injuries.

Your consultation with a lawyer is free, and you won’t have to spend any money out of pocket — either you get paid or you don’t pay at all!

Navigating a “Hit By A Company Vehicle” Settlement

If you’ve been hit by a company vehicle and thereby suffered injuries, you may be wondering about what you’re entitled to under the law — and how to go about securing a settlement, if possible. Though accident disputes are common, they aren’t always straightforward. The company vehicle aspect can further complicate your dispute, in fact, though it’s worth noting that it can also give you access to a better pathway for compensation.

Ready to learn more? Read on.

What happens if someone hits you in a company vehicle?

If you’re hit by a company vehicle, and you sustain injuries as a result, then you could potentially sue them AND their employer. There are two different strategic possibilities for recovering compensation from the employer in such a situation:

Vicarious liability: under vicarious liability, you can impose liability on the employer for the negligence of their employee. The employee has to have been acting within the course and scope of their employment at the time of the accident, however (i.e., performing job duties). This is valuable, as it can give you access to the employer’s potentially significant insurance coverage.
Independent liability: if the employee was not negligent, then you can’t utilize vicarious liability to sue the employer. However, you CAN sue the employer if you can show that they negligently hired or supervised the employee who injured you. So, for example, suppose that a delivery driver hits you and injures you. It turns out that the driver was intoxicated at the time of the accident. You discover, further, that their employer knowingly hired them as a delivery driver despite them having a long history of alcoholism and license suspensions. Under these circumstances, you very likely sue the employer for negligently hiring the driver.

How do I request a settlement?

In an accident where you were hit by a company vehicle, your attorney will — as part of their various responsibilities — begin the process of negotiating a settlement with the defendant (and various others, as necessary, such as insurance companies). You don’t have to go out of your way to request a settlement, though it’s worth discussing the process with your attorney so that you can keep apprised of developments. Experienced attorneys will generally communicate with you throughout the settlement negotiation process, however, to ensure that your needs are not ignored.

What damages am I entitled to recover in a settlement?

In an accident dispute where you were hit by a company vehicle, you can claim the following losses as compensatory damages:

Lost wages
Loss of earning capacity
Medical expenses
Loss of property
Pain and suffering
Loss of enjoyment of life
And more

For example, suppose that you’re an office worker with an annual salary of $70,000. You get into a car accident that injures your back quite severely. As a result of the accident, you cannot return to work for a year, and you have significant medical expenses (perhaps tallying up to $100,000, which includes rehab and a surgical intervention). You would have $170,000 in lost wages and medical expenses alone, not counting the property loss (damage to your vehicle) or pain and suffering, which can add up to several hundreds of thousands of dollars as well.

In addition to these damages, courts in some cases award “punitive damages,” which are bonus damages intended to punish particularly egregious defendants and discourage others in society from engaging in similar behavior (i.e., drunk driving). If the court awards bonus punitive damages, you could see your take-home award increase significantly, so it’s worth exploring this strategic possibility with your attorney.

How do settlements work, exactly?

The large majority of disputes are resolved through a negotiated settlement. In fact, industry data indicates that settlement agreements may resolve as much as 95 percent of accident disputes!

Settlement is so common (and so favored) because trial litigation is uncertain, public, expensive, and exhausting to all involved. No matter how confident you are about your dispute, there’s always a chance that the court will find in favor of the other party (except in cases where the other party concedes the issue). Even if the court finds in your favor, they might lowball your damages and leave you with less than you would have ideally recovered for the accident.

Settlement avoids that uncertainty, as the parties agree upon an amount that is fair and reasonable — in other words, an amount that they’ll both be satisfied with. This is beneficial in other ways, too, as there’s no need for a public dispute, nor the frustrating demands of court hearings and trial processes.

That being said, not all settlements are made equal. You can secure better settlement offers the more that you can prove it’s “likely” that you’ll win your case if it were to go all the way through to trial (and the more likely it is that you’ll be awarded the damages that you’re claiming). You can do this by introducing strong supportive evidence for your claims, and by developing persuasive legal arguments.

How an Attorney Can Help

Motor vehicle accident attorneys have a wide range of responsibilities, and they can help you in myriad ways from the very beginning of a dispute. As such, there is real value to connecting with an attorney as soon as possible after an accident has occurred. Attorney assistance includes (but is not limited to) the following:

Gathering and preserving evidence
Investigating the accident scene
Working with experts to develop the case
Identifying and working with witnesses
Handling communications with third-parties
Negotiating a potential settlement
Navigating court hearings and other processes
Pushing forward to trial if necessary
Securing compensation on the client’s behalf
And more

Contact 1-800-THE-LAW2 for a Free Legal Consultation

If you’ve been injured in an accident where you were hit by a company vehicle, then you could be entitled to significant compensation. Navigating the settlement (and potentially even trial litigation if the settlement falls through) isn’t always straightforward, however. You’ll want to work with a qualified attorney who can help you secure the maximum possible recovery.

Contact 1-800-THE-LAW2 to connect to one of our agents. After a brief set of questions — in just 10 minutes or less — they’ll put you through to one of the attorneys in our legal network, who will provide a free consultation. During this initial consultation, you’ll have an opportunity to discuss your case in detail and gain insight into what options you have.

There’s no obligation to continue if you decide against it, so there’s no downside! Call in and get started.

We look forward to assisting you.

What Are The Chances Of Winning a Personal Injury Lawsuit?

Though an injury lawsuit may seem straightforward, securing compensation in the personal insury lawsuit process can be complex and difficult to predict, especially given that there are so many types of personal injury cases. If you have injuries from an accident caused by the fault of another person, or entity, then you could be entitled to sue and recover damages under the law.

How to Win a Personal Injury Lawsuit

With the help of an attorney, you can put together the strongest case possible, maximizing your likelihood of success in the personal injury lawsuit process. Here at 1-800-THE-LAW2, we maintain a network of attorneys who are standing by to provide assistance. Contact us today to connect to a personal injury lawyer in just 10 minutes or less. Consultation is free and confidential.

What are the Chances of Winning a Personal Injury Lawsuit?

While the question people often ask us first is, “What percentage of personal injury cases go to trial?”, this article will discuss the factors that are likely to impact the odds of winning your personal injury case.

One of the first questions that a personal injury plaintiff has, even before they contact an attorney, is “What are the odds that I’m going to win my case?” Unfortunately, there is no simple answer to that question. There are many factors that can influence whether you “win” or “lose” your case. In fact, whether your case is resolved through a negotiated settlement or trial litigation, these factors will impact the outcome. Let’s take a brief look.

How to Win a Personal Injury Case

Factors Likely to Impact the Chances of Winning a Personal Injury Case

There are 4 factors likely to impact the chances of winning a personal injury case. They are:

Defendant’s strategic approach
Certainty of liability and damages
Procedural issues
Contributory fault concerns

Defendant’s Strategic Approach

Defendants often have different strategic approaches to an injury lawsuit, and that will undoubtedly impact the success of your case, and how it plays out. The nature of litigation is that it is public. Defendants often prefer to avoid extensive litigation and the potential negative publicity that it could bring, but not all defendants are the same. Some defendants take the strategic position that it’s important to aggressively litigate to discourage others from coming forward with similar cases.

For example, auto manufacturers often prefer to litigate aggressively, as they don’t want other plaintiffs to come forward claiming that they were injured due to manufacturer related defects in their vehicles. Personal injury cases can be more challenging to win, as the defendant will invest significant resources into fighting it. By contrast, a discrimination claim may be resolved early by your employer, as they might prefer to avoid the negative publicity of being associated with potential discrimination in the workplace.

Certainty of Liability and Damages

All litigation is uncertain by its very nature. The key to securing a higher injury lawsuit settlement offer, or a higher likelihood of success at trial, is to introduce evidence that makes the liability of the defendant more clear. Similarly, the more well supported the damages claim, the less possible it is for the defendant to successfully challenge it.

For example, if you’ve been injured in a car accident, you can introduce video evidence, perhaps procured from the security footage recorded by a nearby business, of the accident itself. The video evidence may show that the defendant clearly was speeding and through their own negligence caused the accident. With clear liability, you can significantly improve the likelihood of success in securing compensation.

Procedural Issues

There are numerous procedural issues that can crop up over the course of litigation, such as statute of limitations issues. For example, if you wait too long to file your injury claims, then you may have delayed past the applicable statute of limitations deadline, thus completely abandoning your right to sue and recover damages in court.

Working with an attorney for an injury lawsuit is critical to avoiding procedural roadblocks, whether those roadblocks are linked to statute of limitations issues or other procedural issues.

Contributory Fault Concerns

Fault principles vary from state to state. In some states, such as California, you, the injured plaintiff, can be 99 percent responsible for your own injuries, and yet you’ll still have a right to sue and recover damages from the defendant, who is just 1 percent at fault. In other states, if you, the plaintiff, are even 1 percent at fault for your own injuries, then you are prohibited from recovery. This is known as contributory fault.

Your own contribution of fault will make it more difficult to secure compensation in an injury lawsuit. This may happen even if laws do not prohibit recovery for contributory fault. For example, in California, if you didn’t wear a seatbelt and got injured in a car accident, then the defendant will try to argue that you are mostly responsible for your own damages, and they cannot be held liable. Depending on the evidence, you may still be able to secure damages, but those damages may be reduced by your contributory fault.

What Percentage of Car Accident Cases Go to Trial?

US Government statistics show that about 5% of personal injury cases (which include car accident cases) go to trial. The other 95% are settled pretrial. Many experts say that 90 percent of cases that do go to trial end up losing. In cases that go to trial and win, a judge is likely to grant more compensation compared to a jury.

These numbers may be shocking to you, and even cause you to question whether an injury trial is worth it. Especially when you consider that personal injury lawsuit timelines can vary greatly for going to trial versus in settlement. Just how long do personal injury cases take to settle? A few months to years, depending on the nature of the case in question.

Trial normally takes closer to several years. In that timeframe, personal injury victims may experience the loss of a job. They may also experience dire financial consequences due to all the bills they have to pay.

Another factor that causes delays in injury lawsuits, both for pre-trial and settlement purposes, is that of resources. In criminal cases, multiple detectives are typically assigned to investigate a case. In personal injury instances, one investigator is usually assigned to the case. It may take up to six months or more to get all this work done. Areas that must be investigated are the:

Injuries
Accident itself
Witness statements
Circumstances that caused the accident

In situations where accident victims need a settlement as soon as possible for mounting debt, it is important they work with a lawyer. It is also important they work with one they can trust to advise them properly. An attorney may suggest arbitration with an appointed arbitrator in order to move the process along.

Negotiating is usually a time consuming activity, as there will undoubtedly be back and forth from both sides. If you ultimately decide against their final offer, your case will go to trial.

Contact a Personal Injury Lawyer in our Network for a Free Consultation

You can ensure your chances of the most successful outcome in an injury lawsuit by contacting 1800THELAW2 to be connected to an attorney in our network for a free initial consultation. After listening to the details surrounding your personal injury occurrence, they will give you advice on how to proceed.

What is Title Jumping? Exploring the Consequences of Accidents with a Jumped Title

Getting in a car accident is not a particularly good situation to be in, but things can get worse still. For example, if the vehicle has a jumped title, the accident dynamic can become even more stressful and complex complex. To help you determine your best next steps, let’s explore what title jumping is, its risks and consequences, and, of course, your legal options.

What Is Title Jumping?

A car title is a legal document designating vehicle ownership. It includes:

The Vehicle Identification Number (VIN)
The make and model year
Date of issue
Body style
Fuel type
Owner name and address
Lien information
Other pertinent details

If a person buys a vehicle without putting it in their name and then sells it, it is known as title jumping. This illegal act is also referred to as title skipping or floating. When there is a jumped title issue, the new buyer cannot register the car in their name with the DMV. The individual becomes subject to related problems, such as unpaid fees and missing signatures.

Car buyers title-jump for several reasons, the most common of which include:

Selling multiple vehicles per year but not wishing to register with the state as a licensed dealer due to the expenses involved.
Refusing to pay taxes and fees, such as registration fees, sales taxes, and titling fees, before reselling a vehicle.
Not wanting to inform the new buyer about serious issues with the vehicle, such as flood damage, a failing transmission, or continual engine problems.
Selling salvaged vehicles with no titles, maintenance histories, and other essential documents.

“Shady” or unscrupulous car dealership employees can also engage in this practice. However, victims of title jumping typically purchase vehicles via third-party sellers, such as private sellers, or through online means. Facebook Marketplace and Craigslist are two forums for local vehicle sales that can result in title floating issues.

Is Title Floating a Felony?

Floating a title is considered a felony in most states, including Iowa where it is unlawful for a manufacturer, dealer, importer, or any other vehicle seller to “sell or dispose of” a vehicle without the proper title and other registration information.

Some states, such as California, use forms called Release of Liability. Sellers complete this form as part of the selling process, which includes furnishing information about their buyers. If this form is not submitted to the appropriate DMV branch, the state will suspect title fraud. This is because the California Department of Motor Vehicles does not consider a car or truck transferred out of the seller’s name unless this form is submitted.

Was the title of your car jumped? Call 1-800-THE-LAW2 today to find an attorney who can help your situation.

Can I Sue Someone for Title Jumping?

It is possible to take legal action against someone who sold you a vehicle without the proper title, but it can be difficult. The seller might have provided a fake name, deleted their listing on Craigslist or Facebook Marketplace, or left the state, making it challenging to locate the individual and serve them. If you purchased the vehicle from a car dealership, you can file a legal claim against the company.

How to Report Someone for Title Jumping

If you suspect that you’ve been a victim of title jumping, it’s important to act quickly to protect yourself. Here are the steps to take to report someone for title jumping.

Gather information. Make sure you gather all the necessary information, including details about the vehicle, the suspected title jumper, and any relevant supporting documents like the bill of sale or any communication with the seller. Obtain a copy of the title and take note of any discrepancies you notice.
Contact your local police department. File a police report and explain the situation.
Contact your local DMV. Find the contact information for your local DMV office and give them a call. Explain the situation with as much detail as possible and ask about the process for reporting title jumping in your area. They can investigate the matter and help you recover the title.
Remain anonymous if necessary. If you’re worried about possible consequences, you can check with the DMV to find out their policy on anonymous reporting. In certain areas, you can report suspicious activities without disclosing your identity.
Seek legal advice. A lawyer can help you understand your rights and options, especially if you have suffered financial losses.

Investigations can take a while, so it’s important to be patient.

Reporting someone for title jumping is a responsible move that helps keep the vehicle title system in check. By following these steps, you’re doing your part in ensuring a fair and legal process for buying and selling vehicles, avoiding possible fraud, and making sure the ownership transfer goes smoothly.

How to Fix Title Jumping and What to Do

Should you decide to take legal action, contact an attorney with experience in title fraud. The lawyer will assist you throughout the legal process and answer any questions you have. Typical actions include filing a police report detailing the time, location, and date of the purchase. Any conversations with the seller should be included.

You will also want to capture images of your vehicle, make copies of paperwork connected to the sale, and call your local DMV. As mentioned above, the department may be able to provide assistance regarding a new title. Such titles are known as bonded titles.

Bonded Titles

What Is a Bonded Title?

Bonded titles are furnished by surety companies. They remain bonded for a set period and come with a risk.

Risk of Bonded Title

During this time, the previous seller can claim the bond and therefore reveal themselves as the title owner. Whether the seller of the vehicle does or does not claim the bond, you must wait for the specified time before applying for a clean title. Clean titles indicate that the applicable insurance companies do not consider the vehicle’s “total losses.”

Some states do not accept bonded titles, including Pennsylvania, Kentucky, Delaware, New Jersey, Maryland, North Dakota, South Carolina, and Oregon.

Title Jumping Penalties

The penalty for title jumping depends on the state, but it typically includes imprisonment and fines.

Title jumping in Texas: If a vehicle seller engages in title skipping in Texas, but does not transfer a vehicle title to a new owner within 30 days of the sale, this individual pays a fine of up to $4,000. There are no fee waivers, with the seller also facing up to two years imprisonment for title jumping penalties in Texas.
Title jumping in California: In California, the seller must pay a $1,000 fine and spend one year in jail.
Title jumping in Missouri: Other states, such as Missouri, do not issue title penalties until 60 days after the date of sale.
Title jumping in Michigan: In Michigan, floating a title can result in 93 days of imprisonment, a fine of up to $100, or both.

Is it Possible to Sell a Car Without a Title in My Name?

You may wonder – Can I sell a car without a title in my name? While selling a car with no title is regarded as a felony in most states, there are loopholes. For example, if a vehicle was abandoned on your property or you purchased the property featuring such a vehicle, it is technically yours.

To avoid title fraud issues, you must provide the local DMV with the VIN number to contact the previous owner. If the owner cannot be located or does not take responsibility for their vehicle, you are legally allowed to procure a title.

What to Do If You Are a Victim of Title Jumping

If you have been a victim of title jumping, contact an attorney as soon as possible to discuss your situation. Speak to a lawyer near you by calling 1-800-THE-LAW2. Consultation is free and confidential, so get started today!

What Is The Difference Between Workers’ Comp And Employer’s Liability?

Workers’ compensation and employer’s liability insurance are usually purchased together under a company’s overall business insurance policy. To understand the difference between workers’ comp and employer’s liability, let’s review what each plan covers.

Employers Liability vs Workers’ Comp: An Overview

What Is Workers’ Compensation?

Workers’ compensation provides coverage for employees who are injured while working without regard to fault. It is a state-mandated program and a form of no-fault insurance. While the employee must show that they were hurt while performing the duties of his or her job, they do not have to prove that the employer was negligent.

Workers’ comp will cover the costs of medical expenses such as treatments and medication, as well as partial wage loss. It does not cover any costs associated with pain and suffering.

What Is Employer’s Liability?

Employer’s liability provides coverage for an employer in situations where an employee feels that the workers’ comp provided was not adequate to cover the cost of medical bills or lost wages. It is applicable in situations in which the employer was negligent.

In these lawsuit driven situations, the employee must still show that his or her injury took place while doing their job. However, they must also prove that it would not have happened if it weren’t for negligence on the part of the employer.

Common Employer Liability Scenarios

Employer’s liability insurance covers all kinds of employer’s liability claims unless the policy specifically excludes them. Four of the most common lawsuits involve the following:

Third party cases: In these cases, another party was held liable for the employee’s injury and in turn, they are filing a lawsuit against the employer. An example is if you own a construction business and an employee was hurt using a machine that was not serviced regularly. The employee sues the manufacturer of the machine, who then sues the employer for contributory negligence.
Loss of consortium: An injured employee’s spouse files this type of lawsuit. These damages typically fall into one of three categories – damages for loss of services, damages for loss of support, and damages for loss of quality in the marital relationship, which includes acts like providing affection or emotional support.
Dual-capacity suits: An employee can file this lawsuit when a product their employer makes is the cause of their injury. This means the company is liable both as an employer and a manufacturer.
Consequential bodily injury: If the employee’s family members suffered bodily injury themselves as a result of the workplace injury, they could sue the business. For example, if an employee was injured using a machine and their spouse suffered an aneurysm from stress, the employer may be sued for those damages, as well.

When these claims arise, employer’s liability insurance can cover a company’s legal defense fees, settlements, damages and judgments, and other court costs.

How To Prove An Employee Liability Claim

To prove a claim, an employee must show that the employer was negligent in some way. Proof of negligence requires:

The employer had a duty to protect their workers’ from harm
Actions or lack of actions breached that duty
An injury occurred as a direct result of an employer’s breach of duty
The employee suffered tangible harm as a result of the injury

A lawyer meets with an injured employee following a workplace accident

Types of Workers’ Compensation Claims

To better understand employers liability insurance vs. workers’ compensation, it can be helpful to familiarize yourself with the four most common types of workers’ compensation claims. There is typically no need for litigation if your injury entitles you to workers’ compensation. As a result, these scenarios tend to be more straightforward.

Medical Treatment: In some cases, you may sustain a workplace injury that requires treatment but does not necessitate taking time off from work. Your worker’s compensation will cover only the cost of medical treatment. You can return to work at your full rate of pay following treatment or upon recovery.
Medical Treatment and Lost Time: In other cases, you may sustain a workplace injury that requires both medical treatment and time off from work for recovery. In such cases, your workers’ compensation will cover treatment, plus 2/3rds of your average weekly wages. While you may return to work upon recovery, a long absence can result in termination.
Medical Treatment and Inability to Return to Pre-Injury Work: If your workplace injury is severe, it may prevent you from physically resuming your pre-injury role. In this instance, workers’ compensation covers initial treatment and 2/3rds of your average weekly wages. There is a ceiling on these benefits, however. It is typically up to 400 weeks unless the injured party is formally released to light work duty.
Medical Treatment and Inability to Return to Any Work: After receiving medical treatment, you may be unable to return to any type of readily available work. As a rule, these are severe, often disabling injuries.
They may include:
a. Loss of limb
b. Paralysis
c. Major organ damage
d. Sensory disability (blindness, Deafness, etc)
e. Severe burns

In these instances, most individuals are entitled to workers’ compensation benefits for life. There may or may not be adjustments as the individual’s abilities shift over time.

Be aware that in most states, it is legal for employers to terminate your employment if you were injured on the job. This is more likely if the injury was the result of personal negligence. In most cases, you will continue to receive workers’ compensation benefits after termination.

Furthermore, you can file for workers’ compensation after quitting your job if you can prove that you sustained your injuries while employed.

Contesting a Workers’ Compensation Decision: Appeals

If you disagree with a judge’s decision in regard to workers’ compensation benefits, you have up to 30 days to appeal. You may wish to appeal if you file for workers’ compensation and are denied. If the reasons for the denial are incorrect, an appeal can ensure you receive the compensation you deserve.

Appealing a decision can be a complex process that may involve considerable legal paperwork. You may also need to formally serve papers to the other parties involved in the appeal.

If you are initially unsuccessful, you may need to appeal up to three times. Each successive appeal will become more formal and complex. Thus, it is always wise to hire a lawyer to help you navigate the appeals process.

Consult A Workers’ Compensation Lawyer

Navigating employers liability vs. workers’ compensation on your own can be challenging. If you have been involved in a workplace accident, consult with a workers’ compensation attorney to stand by your side throughout the process. He or she can help you determine if the expenses of your claims warrant a lawsuit under the employer’s liability coverage.