Personal Injury

Part One of a Two-Part Series

Being injured is never something to take lightly. Even if you are minding your own business, your life can be permanently changed in an instant. You would like to think that the party responsible for your injury would be willing to make things right, but sadly, you’ll find that most of the time you would be wrong.

If you’re injured by an individual, as in an auto accident, he will turn the matter over to his insurance company to handle. If your injury is the result of an error or carelessness on the part of a company, corporation, or other public or private entity, they will not only have an insurance carrier on their side, but may also employ legal counsel whose mission will be to diminish or deny responsibility altogether, and find legal grounds on which to contest your claim.

In this two-part series you will learn:

• What constitutes personal injury
• After your injury – what to do and what not to do
• Why you should hire a personal injury attorney
• Finding the right attorney
• What you may be entitled to recover

What Constitutes Personal Injury

By definition, personal injury means that you have become injured as a result of the actions of another person or an entity. These actions can be intentional or unintentional. If the action was unintentional, then the burden of proof rests on you to prove that the other party is responsible for your injury. Proof must be by a majority, which means at least 51 percent of the blame can be placed on the offending party.

If you are injured due to the intentional act of someone, for example in a robbery, you are still able to pursue the individual separately from the criminal act. Even if they are not convicted of a crime, they can still be held liable for the injuries that they inflicted upon you.

Although automobile accidents are the leading cause of personal injury in the United States, there are many other categories where personal injury law will apply. For example, the injury can be due to a defective product, a contamination, an accident at work, or even a medical mishap or error.

Each state has its own statute of limitations that gives the victim a window of opportunity to file a claim against a responsible party. These time periods vary and can be as short as one year and as long as six. The clock starts either from the date that the injury occurred, or the point at which the origin of the injury could be determined. But just because there is a statue of limitations in place does not mean that these time frames are always set in stone. In some instances, extenuating circumstances can increase these limits. A personal injury attorney will recognize if these circumstances apply to your case.

After Your Injury: Dos And Don’ts

The time immediately following an injury is very traumatic. You’re focused on the seriousness of your injuries and you often can’t work. Will you be able to return to your job? Will your health ever return to normal? There may also be a pressing worry over money. How much will this injury cost? Will insurance cover it? How long will you be out of work? How will you pay your bills? The list goes on and on…

The first thing to remember is not to panic. Even though you have been placed in this predicament, you do not have to deal with this alone. You need to hire the services of a personal injury attorney. They specialize in these matters and they know how to work their way through the system in order to get you fairly compensated. You should never attempt to take on this kind of responsibility by yourself. There is simply too much riding on the outcome.

Never talk to an insurance company, a representative of the defendant, the defendant, or anyone else about your claim. Any information that you release has the potential to be used against you in your case. And never, ever sign anything. In part two we’ll begin with why you would be wise to consult a personal injury attorney as soon as possible after your injury.

In the Meantime …

If you’re considering a claim for injury resulting from accident or negligence, it’s important to work with a personal injury attorney who is knowledgeable and experienced in this field, and who has demonstrated a determination to fight for his or her clients.To arrange a free consultation, contact Robert Mandell at The Mandell Law Firm in Northridge. 818.886.6600.

Southern California Truck Accidents

Are you a Southern California resident who has been involved in an accident with a large truck? Have you experienced personal injury that has not only interrupted your job, but has left you with substantial medical debt and possibly even a restricted outlook on life? Then you need to talk to a California personal injury lawyer. They are there to help you secure the compensation you deserve as well as recover your life.

Each year, thousands of people in Southern California are involved in collisions involving large trucks. A significant percentage of the occupants of these automobiles are either killed or see a drastic reduction in their quality of life as a result. It’s hard to imagine anyone coming into contact with such a mass of moving steel and not being seriously injured. These are the situations when personal injury law can provide protection.

Devastation and Serious Injury

These types of accidents are almost always devastating, even at slow speeds. When you compare the size of an automobile to a large truck, especially a tractor trailer, the automobile just doesn’t stand a chance. The car’s occupants can be seriously injured, even in what normally might be considered a minor accident.

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You’ve Been Injured. What Next?

Personal injury cases are based on the premise that someone was injured by the act of another person or entity. If you find yourself in this unfortunate situation, you should seek out a top personal injury attorney who can fight for you and your rights. Since these cases are not necessarily clear cut, it is rarely advisable for you to go this alone.

When pursuing your personal injury case, the first thing on your list should be finding a good attorney. Even after you have narrowed down your choices, you still need to do a little research in order to make sure that he or she will be the right fit for you. This means looking for reviews from other clients, complaints, and even pending lawsuits that may have been filed. The Better Business Bureau is a great place to find this kind of information.

The Face to Face Meeting

You will next want to set a meeting with your attorney. Here, you will discuss the details of your case to determine if you do, in fact, have a viable claim. This is when your attorney will instruct you on what can be expected through each step of the process. This is also the time that your attorney will instruct you as to what will be expected of you. This will include any information you may have, the facts of your case, contacts who can help to verify your case, and any other information pertinent to your claim. The defendant’s attorney will also be contacting your attorney to swap information material to the case.

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Mobile Phones Behind the Wheel – An Evolving Danger

Anyone who has ever been behind the wheel of an automobile will eventually come across an auto accident. A majority of the time, these are the result of not paying close attention to the road. With the advent of mobile phones with texting and email capabilities, the dangers of “distracted driving” are more apparent than ever. The combination of driving and constant communication has created a recipe for disaster.

In 2010 alone, about 1.6 million traffic accidents in the U.S. were caused by the use of mobile phones while driving. That figure represents more than 28 percent of all traffic accidents. While the culprit used to be talking on mobile phones, now the problem has evolved into texting, sending and receiving emails, photos, and browsing the internet while behind the wheel.

Need to Text? Pull Over.

Now, technology allows us to remain in constant touch with others. While this is intended to be a matter of convenience, it can quickly place others in a danger. Consider the fact that in 2009, the number of text messages sent totaled 1.5 trillion. By 2010, that number had increased by four-fold, to 6.1 trillion. With more and more individuals getting mobile phones with text and email capability, that number will continue to climb rapidly.

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I Resolve to …

New Year’s resolutions. Many of us make them, but not many of us manage to keep them. They generally have to do with things we feel, if accomplished, would make us a better, or healthier, or more prosperous person. We resolve to lose weight, or stop smoking, or to start working out or running, or to simply try to be a nicer human being.

These are all laudable and worthwhile objectives, and we encourage everyone to do your best to achieve whatever goals you’ve resolved to reach in 2012. But, we have a couple of items we’d like to suggest that you add to your list. They’re not traditional New Year’s resolutions, but we think they would be worth your time and effort, and might save you, or a loved one, or even a total stranger from harm and/or liability in the coming months and years.

Make a List … or Several

• Have all your vehicles checked thoroughly for potential safety issues. This means your cars, motorcycles, motor homes, watercraft, camping trailers, bicycles, even your skateboard. Check them all to be sure that wheels, brakes, lights – anything that could cause an accident, should it malfunction – are in good working order.

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I Can Do This. Right?

Personal injury law encompasses a broad array of circumstances. These may include, but are not limited to, injury in an auto accident or some mode of public transportation, slip and fall on property owned by someone else, injury from dog bite or other animal that does not belong to you. These, and more, all fall under the umbrella of personal injury and the severity of your injury may have a big impact on exactly how your claim is processed. There may be occasions when you could handle a claim on your own, either through an insurance company or small claims court. In other situations, you would be well advised to seek the counsel of a qualified legal professional. This will depend on the seriousness of your injury, and your comfort level in dealing with bureaucratic red tape.

When Is It Smart To Do It Yourself?

Auto accidents are by far one of the most common causes of personal injury, even for good, careful drivers. If you’re rear-ended by another driver and injuries to you and your passengers are slight, and the damage to your car is minor, you may feel comfortable simply filing a claim with your insurance, or the other driver’s insurance. If you feel that compensation is sufficient to cover repairs to your vehicle and any medical treatment received, and you are satisfied with the timeliness and professionalism of the service, then this would constitute a good outcome for you.

If, on the other hand, you’re not comfortable or not willing to negotiate with insurance adjusters to reach what you consider to be fair compensation for your loss, then you should turn this task over to someone who is skilled and professional and who can represent your best interests. Waiting until you’ve tried and failed to arrive at a fair settlement, and then seeking the advice of a personal injury lawyer can complicate your claim process. If you’re unsure about how to handle your personal injury claim, contact an attorney immediately and explain the details of your case. Most will offer a free consultation, and most will inform you if their services are not really required for your particular situation.

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Holiday Air Travel Doesn’t Have to be Maddening

Are you one of those people who starts to get anxious, even angry, at the very thought of flying to be with family during the holiday season? Holiday flight doesn’t always have to be a nightmare. In our last post, we offered a few tips to make driving to your holiday destination a little less stressful, and maybe even a little safer. In this post, we’re going to look at holiday air travel with the same eye to lowering stress, and getting you to Grandma’s house in a mood to celebrate.

Winter Still Counts

Just as it does when traveling by auto, winter weather can have a huge influence on how well your trip by air will go. When you add cold, unpleasant, even extreme weather conditions to the fact that hundreds of thousands of extra travelers are competing for available airline seats, some bad things are bound to happen. But if you begin your journey with the expectation of delays, cancellations, and missed connections, you could well be one of the few people in the airport who is relatively calm and stress free. It just takes a little pre-planning, and the right frame of mind.

Here’s Your Air Travel Checklist

The Mandell Law family hopes your holiday air travel will be as pleasant as possible, and that you to get there and back without suffering undue stress. With that goal, we offer the following tips to help you make the best of it.

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Plan For Fun. Prepare for Adversity.

The holiday season is upon us, and for many Southern California families holiday tradition sometimes means travel, whether driving to a nearby city to visit parents and grandparents, or flying across the country to participate in a large family gathering. In either case, there are potential stresses and hazards that can be mitigated, or even avoided altogether, with a little careful planning beforehand.

The Winter Roadtrip

If you’re planning to drive to your holiday destination keep in mind that winter driving conditions, even in parts of California, are the most dangerous. Auto accidents related to driving in snow and ice result in 6000 deaths each year in this country. Another half million Americans are injured, according to The National Center for Atmospheric Research.

A Holiday Travel Checklist

The Mandell Law family wants your holiday trip to be as safe, happy, and stress-free as possible, so here are a few tips that can help you enjoy a warm and joyous holiday trip.

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What Constitutes Medical Malpractice?

When a physician deviates from the applicable standards of care that other physicians would exercise under the same circumstances, this is potentially a case of medical malpractice. To succeed with such a claim in court, a plaintiff must prove breach of the standard of care (a mistake that a prudent and reasonable doctor wouldn’t have made under the same circumstances), causation (proof that the injury wouldn’t have occurred or have been as serious if it wasn’t for the doctor’s mistake), and damages (in the form of lost wages, medical bills, agony, mental suffering or death).

Demonstrating proof of malpractice almost always requires the testimony of an expert witness in the same field of practice as the alleged negligent health care worker. In addition to bringing action against a negligent doctor in such a case, through the doctrine of vicarious liability, claims can also be brought against hospitals, nurses, and any other health care professionals who may have had a part in the negligence.

Pharmaceutical Injury

Annually, thousands of patients are injured, and even die, due to complications and negligence that result from errors in treatment.These may include medication errors, surgical malpractice, bacterial infections, birth injury, dental malpractice, errors in diagnosis, wrong site surgery, gastric bypass errors, breast implant complications, emergency room mistakes, elder abuse, nursing home neglect, and a variety of consequences resulting from pharmaceutical mishap.

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Some Surprises Can Make Your Day

Some days just don’t turn out exactly as we expected. But, sometimes, the surprises can turn out to be just what we needed. As most of us begin looking forward to the season of holidays, whether we celebrate for religious, or secular, or personal reasons, we make more of an effort to find the good in others as well as in ourselves, and we reflect on what we’ve been most thankful for over the past year. I decided to share a recent day from my life, and my daughter’s, that I found humorous, heartwarming, and that included one of those surprises that made my day. I hope you enjoy it.

At our house, mornings aren’t always a time of peace and tranquility. More often than not, it’s chaos and disorder. Trying to juggle professional and personal lives can be challenging. On this particular morning, I was running late, and realized I would not be able to get my 3-year-old daughter, Vanessa, to preschool and still make it to court in time for my scheduled appearance. After some internal debate, I decided the only solution was to take Vanessa to court with me. “I guess it’s never too early to start training her to be a lawyer,” I thought.

An Unexpected Day in Court

As we rushed into the courtroom, I reminded Vanessa that this is where Mommy works, and tried to impress on her how important it was to stay quiet while court was in session.

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