Personal Injury

Tractor Trailer Crash Claims in California

Being injured in a crash with a tractor trailer can be a very traumatic experience. While most auto accident injuries may be minor, truck accidents often end in serious or life-threatening injuries. After the crash, you may be overwhelmed and not know where to turn. At the Saeedian Law Group, our California truck accident lawyers help victims pursue the compensation they need to recover from severe injuries. Federal Trucking Regulations The Federal Motor Carrier Safety Administration sets hours of service regulations (FMCSA) for all trucking companies. Failing to comply with these regulations often results in tractor trailer crashes due to driver fatigue. Currently, property-carrying drivers may drive no more than: 11 hours after 10 consecutive hours off duty, 14 hours in a 24-hour period, and 60 hours in 7 consecutive days or 70 hours in 8 consecutive days (depending on how many days a week the carrier operates). In addition to these requirements, truckers must take a 30-minute break every eight hours of work.  How Long Does It Take to Settle Tractor Trailer Crash Claims in California? Tractor trailer accident settlements may take anywhere from a few months to a couple of years to resolve. It mostly depends on the insurance company’s willingness to negotiate, but other factors may come into play as well. For example, since the statute of limitations to file a personal injury lawsuit is two years, you may end up filing your lawsuit a year or so into your claim. Taking the lawsuit to trial may also take additional time. For this reason, it’s important to consult with an experienced truck accident attorney who can negotiate with the insurance company and take the case to trial if necessary.  Tractor Trailer Accident Compensation Categories Under California law, there are different types of damages available to those injured in a truck accident. The first category, known as compensatory damages, has two types of damages: economic and non-economic. The second category is punitive damages, which the court applies only in rare circumstances. In a tractor trailer crash lawsuit in California, there are several losses you may pursue. Each of those losses fit under either the economic or non-economic categories mentioned above. Some of them may or may not apply to your specific case, so be sure to consult with a personal injury attorney. Economic Damages Special or economic damages are any losses sustained by the victim that have a calculable value. This typically includes medical treatment bills, hospital bills, lost wages, and vehicle repair costs. However, in cases involving permanent disability, they may even cover accessibility conversions for your home/vehicle, future medical costs, loss of future earning potential, and even child care. Non-Economic Damages Non-economic or general damages are the less tangible losses sustained by the victim of an accident. While economic damages deal with calculable losses, non-economic damages refer to losses that are mostly subjective. Some examples include loss of enjoyment of life, pain and suffering, inconvenience, and emotional distress. Attorneys usually calculate these losses either by multiplying total economic damages by a whole number or assigning a per day cost for pain and suffering. Punitive Damages While rare, punitive damages do apply in specific situations. The jury may award punitive damages in cases where the defendant intentionally harmed the victim or acted with extreme recklessness. These damages, which are meant to punish the defendant, do not compensate for any specific loss.  Factors That Affect Settlement Amounts For tractor trailer crash claims in California, there are two major factors that affect the settlement amounts: the severity of your injuries and your share of liability. These factors vary widely between cases, so it’s important to understand how they help determine compensation. Injury Severity In personal injury cases, injury severity plays a significant role in the overall value of a claim. Typically, more severe injuries command a higher settlement than minor injuries. For example, you may be able to pursue higher compensation if you receive a permanent disability since it requires lifelong care. Ultimately, if the injury is serious, it increases future medical costs, thus resulting in a larger potential settlement. Share of Liability In California, courts follow a pure comparative negligence doctrine. This means that a plaintiff may pursue compensatory damages even if they are 99% at fault for an accident. However, the court also reduces the plaintiff’s damages by their percentage of fault. For example, if you have $1 million in damages, but the jury finds you 25% at fault, the court reduces your award to $750,000. Should I Talk to the Insurance Company? No. Unfortunately, the goal of the insurance company is to reduce your settlement as much as possible. In many cases, the adjuster uses unethical tactics to get the victim to accept a low settlement. They may even go as far as using a single statement to outright deny your claim. Another reason why it might be best to avoid talking to the insurance company is that they have large legal teams. These teams also have several resources to fight your claim, including private medical experts, investigators, and more. A skilled California truck accident attorney knows how to combat these strategies used by insurance companies. This is why it’s essential you retain legal representation if you decide to submit a claim. Injured in a Tractor Trailer Accident? Call Us Now If you get into an accident with a tractor trailer, don’t rely on the insurance company to get you the relief you need. At the Saeedian Law Group, we fiercely negotiate with the insurance company and prepare your case to go to trial if necessary. With an Avvo rating of 10 out of 10 and over a decade of trial experience, Attorney Michael Saeedian uses a client-focused approach to advocate for clients. To schedule a free consultation or learn more about tractor trailer crash claims in California, contact us online or call us at 310-288-3000. We serve clients throughout Southern California from our offices in Los Angeles, San Diego, Newport Beach, Riverside, Beverly Hills, and […]

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Personal Injury

I Was Hit By a Drunk Driver in California: What Next?

Being involved in an accident is a scary and frustrating experience. It can be worse when the other driver was intoxicated at the time of the accident. You might be wondering how to proceed and what your options are for financial compensation. Many of our prospective clients start off the first meeting by saying, I was hit by a drunk driver in California. What do I do now? Average Settlement for a Drunk Driving Accident in California Understandably, most people want to know what the compensation is when they are hit by a drunk driver. Settlements vary, which makes it impossible to come up with a total average amount. Every accident is unique. Even two accidents with similar injuries and circumstances could resolve for different amounts. It would be best not to rely on potential averages or online settlement calculators to determine your case value. Instead, you need to meet with an experienced California car accident lawyer who can help. At Saeedian Law Group, our legal team has over a decade of experience helping injured victims recover compensation after being hit by a drunk driver. Contact our office today to schedule a consultation. Let us review your case and help you determine a possible settlement range. Civil vs. Criminal DUI Cases There’s typically a lot of confusion around drunk driving accidents and criminal charges. The drunk driver will likely face criminal charges, but that does not preclude you from filing a civil lawsuit. These are two different legal causes of action with entirely different court procedures and varying burdens of proof. There is no requirement that the criminal court convicts the defendant of a DUI in criminal court for you to bring a civil case. Someone facing criminal charges for a DUI could lose their license, serve time in jail, pay a fine, or even pay restitution back to you. However, none of this reimburses you for your pain and suffering or other significant losses. That is why you bring a civil case against the drunk driver. Proving Liability in an Accident Involving a Drunk Driver Before collecting any compensation for your injuries in an accident with a drunk driver, you need to prove negligence. Fortunately, California has something called negligence per see. This law essentially means someone can be deemed negligent if they violate a particular law, such as: Driving under the influence of alcohol (California Vehicle Code Section 23152(a)); Refusing to take a DUI chemical test (California Vehicle Code Section 23612(a)); or Driving a vehicle with a blood alcohol concentration (BAC) that exceeds California’s legal limit. The legal limits for BAC in California can vary depending on the circumstances. The main limits are:  Adult driving a non-commercial vehicle, 0.08%; Driver under 21 DUI “per se,” 0.05%; Driver operating a commercial vehicle, 0.04%; and Rideshare drivers such as a taxi, Uber, or Lyft driver, 0.04%. If you sustained injuries in an accident with a drunk driver, you could be eligible to collect compensation for your damages. Under negligence per se, the burden of proof shifts to the defendant, who must show they did not violate the statute in question or that the violation (driving drunk) was not the cause of your injuries. California also has a “zero tolerance” law for underage drivers. Breaking this law is not technically a DUI, but it is a legal violation to be behind the wheel of a vehicle with 0.01% BAC. Testing positive for any amount of alcohol in an underage driver’s system is a violation. If a driver violates the zero-tolerance underage policy, it’s an automatic revocation or suspension of their driver’s license by the DMV. While adults typically face only one charge for a DUI violation, minors can be charged with more than one offense. For example, someone who was impaired and had a BAC of 0.06% could lose their license under the zero-tolerance law and face criminal charges under the 21 DUI “per se” law and driving under the influence. Potential Compensation in a Drunk Driving Accident Your potential compensation in a personal injury accident is based on damages. You can separate your damages into two main categories—special or economic damages and general or non-economic damages. Your special damages include tangible losses that have a dollar figure attached to them. These include: Medical expenses to date, Future medical expenses, Lost wages, Future loss of earnings, and Property damage. General damages are more difficult to calculate, and they can make up a significant portion of your potential case value. Physical pain and suffering, loss of consortium, and mental anguish are examples of general damages. There is no definitive number for your pain and suffering, which is why general damages are subjective. For example, someone with minor injuries that resolved after several months of physical therapy will likely have a lower case value than someone in the hospital for a month who needed rehabilitation to learn how to walk again after the accident.   With drunk driving accidents, you could also be eligible to receive an award for punitive damages. Punitive damages are reserved for specific scenarios only, usually those accidents involving intentional acts or gross negligence. Driving under the influence falls under types of accidents eligible for punitive damages in most cases. Courts don’t award punitive damages to compensate you, but more to “punish” the wrongdoer and deter them from drinking and driving in the future.   Wrongful Death and Survival Actions In the event someone in your vehicle passes away from their injuries, surviving family members might be able to file a wrongful death lawsuit. Wrongful death law in California allows for surviving family members of the deceased’s estate to pursue damages when a person dies because of another party’s recklessness or negligence. Wrongful death damages include the surviving family members’ losses rather than those of the victim.   A California survival action typically accompanies a wrongful death lawsuit. The deceased’s estate can file this on behalf of the victim for any losses they suffered before their death. If someone lived for two […]

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Personal Injury

Calculating California Car Accident Settlements

When another person’s negligence behind the wheel causes you injuries, it’s understandable you want to hold them accountable. You might be researching whether to hire a California car accident lawyer and how much your case is worth. If you find an online California car accident settlement calculator, you should not use that to reference what your claim is actually worth. Every personal injury case, including a car accident claim, is unique. If you have questions about your potential settlement value and whether you have a strong case, speak with a skilled California car accident lawyer at Saeedian Law Group. We have over a decade of experience representing injured victims like you and have a proven record of success in recovering compensation for our clients. Give us a call at (310) 288-3000 or send us an online message today for a free consultation. What Is the Average Settlement for a Car Accident in California? We understand that you want to know how much to expect from a car accident settlement in California, but there is no average amount or range. No two people have the exact same circumstances in a car accident, which is why you should not rely on averages or settlement calculators. Instead, you want to maximize your own potential case value and discuss how much your case is potentially worth.   When you retain the Saeedian Law Group to represent you, we will sit down and discuss your case together. We want you to understand why we estimate your case to be worth a particular amount. Various factors impact the value of your claim, which is why we recommend scheduling a meeting with an experienced California auto attorney as soon as possible. Factors That Impact Your California Car Accident Claim Value Before you can begin calculating your potential car accident settlement, you need to look at what factors impact your claim. Some of the most significant ones include injury type and severity, liability, the total amount of damages, and available insurance coverage. Injury Type and Severity To start, we look at what injuries you sustained in the accident and how severe they are. The worse your injuries are, the higher your claim value will likely be. For example, consider a victim who sustained minor whiplash in a rear-end collision. This person sought treatment from a chiropractor for eight weeks and was back to their pre-accident condition. Compare that person with someone who sustained multiple fractures and a significant brain injury that left them in a coma for a week. The first claim likely has a much lower value than the second example. Liability Liability can significantly impact your case value, even when you have two people with similar injuries. California is a pure comparative negligence state. That means that you can still collect a portion of your damages, even if you are primarily at fault for the collision. If your case goes to trial and a jury determines you are 20% at fault, you could collect 80% of your damages. If the jury feels you are 90% at fault, you will still receive 10%. That is why we point out that even two cases with similar injuries could resolve for vastly different amounts depending on the percentage of liability. These variables are why online settlement calculators don’t work. They cannot take these subjective and complex variables into effect. Total Amount of Damages The defendant’s insurance company will want a formal demand package consisting of your total calculated damages. We reach a demand amount by totaling your financial losses. Damages can be broken down into several broad categories, including special and general damages. Special damages are your tangible losses, such as lost earnings, medical expenses, property damage, etc. They are losses that can be calculated and have a fixed monetary value associated with them. Your general damages are more subjective in value. They include items such as your physical pain and suffering, loss of consortium, mental anguish, and more. Someone with more severe injuries will likely have a significantly higher total for general damages. In very limited cases, you might be eligible to receive a punitive damages award, which could alter your case value. California law reserves punitive damages for cases involving intentional acts and gross negligence, such as driving under the influence of alcohol. Punitive damages are not meant to compensate you per se but are intended to “punish” the defendant and deter them from engaging in similar behavior in the future. Available Insurance Coverage Your settlement is possibly dependent on how much liability coverage is available in your case. If the other driver carries low liability limits, it might not be enough to cover your special damages, let alone your general damages. Your case could be worth more than $100,000, but if there’s only $15,000 in coverage, you aren’t likely to recover the total value unless you have underinsured motorist (UIM) coverage under your own policy. How Do I Calculate My Car Accident Settlement? Hopefully, now you understand why we do not believe online California car accident settlement calculators work. However, you might still be wondering how to calculate a car accident settlement. If you retain an attorney, you won’t need to worry about calculating a value on your own. We will handle all the complicated legal aspects for you, including negotiating with the other side.  What’s important is taking the proper steps to maximize your claim value. Before retaining an attorney, your actions can impact your case and potentially reduce the overall value. For example, avoid giving a recorded statement to the other driver’s insurance company without attorney representation. They are looking for you to say something that hurts your case, which will allow the insurance adjuster to conclude your case is worthless. We look at your special damages and injuries to reach a potential value for your general damages when calculating your case value. If you are eligible to receive a punitive damages award, we will include that in our auto accident settlement calculations. Contact a […]

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Personal Injury

Average Payout for a Pedestrian Hit by a Car in California

If you’ve been injured in a pedestrian accident, chances are you’re researching possible settlement amounts for your claim. While it’s not possible to figure out the exact average payout for a pedestrian hit by a car in California, there are a few ways to estimate the value of your pedestrian accident claim. Here is everything you need to know about calculating settlements and how a California pedestrian accident lawyer can help. For immediate assistance, please call our firm at (310) 288-3000 or send us an online message today for a free consultation. What Is the Average Settlement for a Pedestrian Hit by a Car? Since every case has unique circumstances, there isn’t an accurate average settlement for a pedestrian hit by a car. One of the reasons it’s difficult to determine an average is because many case results are confidential. Even if you calculated an average based on every published settlement on the internet, the amount wouldn’t represent most scenarios. In addition, some state laws may limit certain damages in a settlement. If you want to know what the average payout for a pedestrian hit by a car in California is, your best bet is to speak with a knowledgeable attorney. Factors Affecting Pedestrian Accident Settlements in California When it comes to pedestrian accidents, there are several factors that may affect a claim’s settlement value. However, the aspects of your case that affect the final settlement the most are the severity of the injuries and liability.  Injuries Generally, cases involving serious injuries have a higher settlement value than those with minor injuries. This is because many severe injuries require either a long recovery or long-term care. For example, if your injury causes a permanent disability such as paraplegia, you may need future medical care for the injury. You may even need a lifelong care provider to assist you with basic tasks. This makes it possible to pursue compensation for not only future medical expenses but also pain and suffering.  However, there are instances where a comparatively minor injury may result in a high settlement amount. A good example of this is if a professional pianist loses 10% of the use of their fingers. While this would have some negative effect on anyone, it could have a devastating effect on the pianist’s career and enjoyment of life. This example shows the importance of context in a personal injury case and why an average doesn’t tell the full story. Liability Liability is another huge factor in determining the value of a pedestrian accident claim. California follows a pure comparative negligence doctrine, which means that plaintiffs may recover damages even if they are 99% at fault. However, the court reduces the plaintiff’s total damages by their share of fault. This is why it’s nearly impossible to determine the average payout for a pedestrian car accident claim in California. Types of Compensation for Pedestrian Car Accident Settlements In California, there are three types of damages that may apply to a personal injury case: economic, non-economic, and punitive. While economic damages are the basis of each claim, non-economic and punitive damages often make up a higher portion of the total.  Economic Damages Economic damages, also known as special damages, are the tangible losses suffered by the plaintiff due to their injuries. For the most part, economic damages include things like medical bills, property repair/replacement costs, and lost wages during recovery. However, they may also include future medical treatment expenses and any necessary accessibility conversions. Non-Economic Damages Non-economic damages are the subjective, intangible losses experienced by the plaintiff. Unlike their economic counterparts, non-economic damages don’t have a standard monetary value. Typically, this includes things like pain and suffering, emotional distress, loss of life’s enjoyment, disfigurement, disability, and hardship. In pedestrian accident cases, California doesn’t impose limits on the amount of non-economic damages. Punitive Damages Punitive damages are much rarer, but they may be applicable depending on the circumstances. The court usually reserves these damages for cases where the defendant acted with wanton disregard for the safety of others. They may also apply in cases of intentional harm. Overall, the goal of punitive damages is to punish the defendant and discourage others from emulating their behavior.  Will I Need to File a Pedestrian Hit by a Car Lawsuit? While it’s not always necessary to file a lawsuit for a personal injury claim, there are a few signs that it may be a good option. It may come as no surprise that many pedestrian accident claims end up in court. This is because these cases often involve serious injuries that the insurance company doesn’t want to pay for. As a result, they find any excuse they can to reduce or deny your settlement. They may do this by denying their policy holder’s liability outright or by using something you said against you. Generally, if your claim involves serious injuries, you should hire an experienced pedestrian accident attorney to help build your case. Pedestrian Hit by a Car: Lawsuit Settlement Example Consider the following example of California’s pure comparative fault doctrine in action: Jonathan gets hit by a car that runs a stop sign while walking in the middle of the road. As a result, he has paraplegia and cannot walk anymore. Jonathan’s attorney determines his economic damages to be $300,000 and his non-economic damages to be $1.2 million. His total damages are around $1.5 million. In court, the jury determines Jonathan is 20% at fault for walking in the middle of the street, while the defendant is 80% at fault. This reduces Jonathan’s total damages by 20% to about $1.2 million. As you can see from this example, the liability of each party involved in the accident has a great impact on the value of the claim. The share of fault assigned to the plaintiff reduced their damages, but they still received a substantial settlement. However, if the plaintiff was 80% at fault, the court would have reduced their damages to only $300,000. This is one of the […]

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Personal Injury

Average Settlement for a Herniated Disc Car Accident in California

If you suffered a herniated disc or another type of back injury in a California car accident that someone else caused, you deserve justice. You could be entitled to recover compensation for your medical treatment, lost income, pain and suffering, and emotional trauma. It’s natural to wonder how much of a settlement to expect for a herniated disc injury. The best way to get an accurate answer is to speak to an experienced California car accident lawyer. At the Saeedian Law Group, our attorneys understand what you’re going through. We know you need a compassionate advocate on your side, fighting to get you the compensation you deserve. We will do everything in our power to get the best possible outcome in your case. Please don’t hesitate to contact us online or call (310) 288-3000 today for a free consultation. What Is a Herniated Disc Injury? The nature of motor vehicle collisions makes neck and back injuries unfortunately common, especially in the case of rear-end collisions. Spinal disc herniation, also known as a herniated disc injury, is one of the most common types of car accident-related back injuries. Discs are round, rubbery cushions that separate spinal vertebrae. Each disc is filled with a gelatinous substance contained within a rubbery exterior shell. Injuries can cause discs to become partially displaced from between vertebrae or cause them to become pinched by a misaligned vertebra. If the disc’s exterior shell ruptures and some of the jelly-like substance leaks out, the disc is considered to be herniated. Herniated Disc Symptoms and Treatment Some victims of these injuries do not experience any significant symptoms. However, when the disc comes close or directly into contact with a nerve, the pain can be debilitating. Other symptoms include numbness, tingling, and weakness in the immediate area and/or in the arms or legs, depending on the location of the herniation. For many herniated disc sufferers, the pain can be truly debilitating. Over time, nearby muscles can grow weak. This can lead to problems walking, lifting the arms, and grasping and carrying objects with the hands. Left untreated, victims can become effectively disabled or experience even more serious complications, including a loss of bladder or bowel control and paralysis. Treatment depends on the specific issues you’re experiencing. It could include physical therapy, pain medication, or invasive spine surgery. What Is the Average Settlement for Herniated Disc Car Accidents? Unfortunately, it’s not really possible to identify any average payout for herniated disc injuries. Your injuries are as unique as you are, and for that reason, you deserve to know specifically what your claim might be worth. Beware of any online herniated disc injury settlement calculators. Without having every detail of your claim, no one can give you an accurate estimate of your claim’s potential value. Automated car accident settlement calculators simply cannot substitute for the expertise of a knowledgeable and experienced car accident attorney. How Is Your Herniated Disc Settlement Amount Calculated? To determine the value of your claim, an attorney considers multiple factors. First, your attorney will consider the value of the following items as they relate to your herniated disc auto accident claim. Current and future medical treatment costs, Current and future lost wages and benefits, Pain and suffering, and Emotional trauma. Beyond these damages, your attorney will also consider how your injuries will affect your life in the future. For example, if you won’t be able to go back to your prior job duties, you could be entitled to compensation for diminished earning capacity. If you can no longer enjoy sports or other activities you previously participated in, you could pursue compensation for diminished quality of life. Another factor that can increase the value of your claim is the treatment your injuries will require. If you require surgery or painful spine injections, it can increase the value of your pain and suffering. To support your claim, your attorney will use medical records, opinions from subject matter experts, accident reconstructions, photographs of the accident scene, police reports, and any other evidence that might be necessary to build a persuasive case. How Can You Get the Maximum Herniated Disc Car Accident Compensation? To get the maximum possible compensation for your back injury, trust one of our experienced attorneys to handle your case. We have a variety of resources to help investigate and document your claim. We identify all of your damages and carefully document them to maximize your claim value. We provide highly personalized legal representation with a results-driven approach. Ours is a small, boutique law firm, allowing us to provide one-on-one interaction and highly proactive communication. In most cases, we can negotiate a settlement with the insurance company. However, our experienced litigators never hesitate to file a lawsuit and fight for you in court. We do whatever it takes to get you the justice and compensation you deserve. We know that the insurance company doesn’t want to pay you the full value of your claim, but we are prepared to fight tirelessly to get you the best possible outcome. We offer a free consultation, and you never owe any legal fees until we recover compensation in your case. Talk to a California Car Accident Lawyer Now Any type of car accident injury can be frightening and upsetting. However, back injuries can feel truly overwhelming. Between the physical pain and emotional trauma, you might have no idea where to turn. The good news is that the Saeedian Law Group is here to help. Our experienced lawyers are dedicated to helping you get the best possible outcome in your case. We have recovered millions of dollars in settlements and awards for our clients. We push to get the fastest possible resolution for your claim. However, we never compromise in our quest to get you every possible dollar. Call (310) 288-3000 now or contact us online to schedule a free consultation and case analysis. We have five convenient office locations in southern California. However, we can come to your location or even conduct […]

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Personal Injury

Is It Worth Getting a Lawyer for a Car Accident in Los Angeles?

If you’ve been in a crash, you’re probably asking yourself, Should I get an attorney for a car accident?  When deciding whether to hire a lawyer for your car accident, there are a few factors to keep in mind. Depending on the situation, hiring legal representation may not be necessary. However, there are times when retaining a car accident attorney maybe your best option. Here are some important questions you should consider after being involved in a car accident. Did You Suffer Any Injuries? First and foremost, it’s best to determine the severity of your damages. If you didn’t suffer any injuries, contacting an attorney may not be needed. For cases involving only vehicle damage, the value of the claim usually isn’t enough to justify paying legal fees. However, if you have serious injuries that require surgery, time off work, or extensive rehabilitation, you should think about hiring a personal injury lawyer. This includes: Bone fractures,  Internal bleeding, Organ damage, Burn injuries, Whiplash, Traumatic brain injuries, Spinal cord injuries, and Amputations. These injuries often worsen over time, leading to lifelong problems with medical expenses or reduced earning capacity. For this reason, it’s important to have experienced legal representation for your accident claim if you have extensive injuries. Was Another Driver Responsible for Your Injuries? Another thing to consider when deciding to hire a lawyer is whether the other driver caused the accident. In California, there are four things you must show to prove liability:  Duty of care: The driver, by getting behind the wheel, had a responsibility to follow the rules of the road to keep everyone else safe. Breach of duty: While operating their vehicle, the driver breached their duty by doing something that a reasonable person wouldn’t do in the same situation. Causation: The actions of the other driver directly caused your accident. Damages: You have physical, emotional, and financial damages as a result of the other driver’s negligence. Proving the liability of another driver may be difficult to do on your own.  Is the Insurance Company Claiming You Were at Fault? California follows the pure comparative negligence doctrine. This means that an injured person may recover damages even if they are 99% at fault for their injuries. However, the court typically reduces the amount of your award based on your percentage of liability. For example, if you sue the other driver for $100,000 in damages but were 60% at fault for your injuries, the court would reduce your potential award to $40,000.  If the insurance company tries to deny your claim or reduce its value by putting the blame on you, it may be wise to talk to a lawyer about your options. A lawyer can help you challenge the insurance company’s claim that you were at fault and help you maximize your compensation. Can You Collect the Evidence Necessary to Prove Your Claim? Gathering evidence is one of the most laborious, time-consuming aspects of a car accident claim. Evidence is not only needed to prove the negligence of the other driver but also to show the extent of your damages. There are several forms of evidence you need when making a claim, including but not limited to: Medical records of your injury and treatment, Police reports detailing the scene of the accident, Witness statements from anyone who saw the accident, Quotes for vehicle and other property repairs, Photographs of the scene of the crash, First-hand accounts of your recovery process, and CCTV footage of the accident if available. This is a lot of information to gather on your own, especially if you sustained a serious injury. A personal injury attorney can help you collect this evidence and, if needed, hire expert witnesses, such as accident reconstruction experts or doctors. Are You Willing to Pay Contingency Fees If You Win? Most car accident attorneys work on a contingency fee basis. This means that if you hire an attorney, you don’t have to pay for them out of pocket. Instead, the attorney gets paid a portion of your settlement or judgment if you win your case. However, if you don’t win your case, you owe your attorney nothing. Their payment depends on the success of your case. During your consultation, your attorney will give you detailed information about their contingency fee structure. In most cases, the attorney asks for a percentage of the settlement or judgment ranging from 30-45%. Generally, the more work the case takes, the higher the percentage. For example, your attorney may only ask for 33% of the settlement if you are able to settle your claim. In contrast, if your attorney has to file a lawsuit and go to trial, they may ask for 40% or more of the final judgment. In most cases, the additional compensation you can recover with the help of an attorney will make up for the cost of hiring one. But when speaking with an attorney, don’t be afraid to ask about their contingency fee structure, potential legal expenses, or the value of your claim. They should be able to provide you with a realistic assessment of your situation and all the possible outcomes of your case. Should I Get an Attorney for a Car Accident Before or After Filing an Insurance Claim? If possible, try to hire a personal injury attorney before you speak with the insurance company. When you submit your claim, the insurance company will do everything in its power to reduce or deny compensation. Even offering a simple recorded statement may be detrimental to your case. An experienced lawyer knows the tricks that insurance companies use to take down a legitimate claim and can communicate with them on your behalf. Injured in an Accident? Call Our Los Angeles Attorneys Today If you’ve been injured in a car accident due to the negligence of another driver, it’s essential that you hire an experienced personal injury lawyer. At Saeedian Law Group, our attorneys help manage every aspect of your claim. Whether you need help gathering evidence, calculating […]

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Personal Injury

How to Get Your Santa Barbara Accident Report

After a car accident, it’s crucial to obtain a copy of your Santa Barbara collision report. This report serves as an unbiased record of the events surrounding your accident. Used by attorneys and insurance companies, the details included in Santa Barbara accident reports may support your claim for compensation in a personal injury lawsuit. An experienced personal injury attorney understands the importance of a Santa Barbara collision report and assists clients in retrieving the document for use in their case.  How to Get Your Santa Barbara Accident Report  There are a few ways to obtain a copy of your Santa Barbara collision report. The city allows people to request their report online, in person, via fax, e-mail, or postal mail. When requesting a Santa Barbara car accident report, be sure to have all relevant information accessible to complete your request.  Get Santa Barbara Accident Reports Online The Santa Barbara Police Department teamed up with DocView LLC to permit people, insurance companies, and law firms representing individuals to obtain a copy of Santa Barbara accident reports.  Through LexisNexis, you may obtain a copy of your Santa Barbara collision report for a small convenience fee in addition to the normal cost of the collision report. The online system of report retrieval provides the convenience of 24-hour access to your report from anywhere with internet access. You may then print, save, or email your accident report for use at a later time.  Get Your Santa Barbara Car Accident Report in Person  You may retrieve a copy of your Santa Barbara car accident report in person at the Santa Barbara Police Department. When requesting a report in person, the city charges a fee of $25.00 per report request and $0.20 per additional page. To access your Santa Barbara collision report, you must provide the date of your collision, as well as the report number provided to you at the accident scene. The report number must be entered exactly as it was provided.  The Santa Barbara Police Department address is as follows: Santa Barbara Police Department  215 E. Figueroa Street Santa Barbara, CA 93101 The police department is open Monday through Friday from 7:00 AM to 6:00 PM.  Get Your Santa Barbara Collision Report By Fax, E-Mail, or Mail The Santa Barbara Police Department also allows people to request copies of Santa Barbara collision reports by fax, e-mail, or mail. If requesting via fax, e-mail, or mail, download the Santa Barbara Police Department Request for Report form. In addition to the request form, you must also attach a copy of proper identification, such as a driver’s license or identification card. If mailing a request for your Santa Barbara car accident report, you must include a check for payment. The Records division charges $25.00 per report plus an additional $0.20 per page for Santa Barbara accident reports.  The Santa Barbara Police Department requires people to mail all accident report requests to the following address:  Santa Barbara Police Department  Attn: Records Bureau/Report Request  215 E. Figueroa Street Santa Barbara, CA 93101 Mail requests should also include a self-addressed stamped envelope for the return of the requested car accident report.  There is no fee for an emailed request of your report. Email your request form and copy of identification to RTC@sbpd.com.  If you decide to fax your request to the Santa Barbara Police Department, you must include your credit card information for payment. Credit card payments are the only method of payment accepted for fax requests. You can direct fax requests to the number (805) 891-2434.   Contact Us After a car accident, you may wonder what steps to take next to protect your rights and obtain compensation for your injuries and damages. We understand the stress you feel and the importance of relieving the financial burden you may be experiencing. The Saeedian Law Group prides itself on providing individualized attention and care to all clients throughout their legal representation. We work hard on behalf of each client to maximize their compensation. So contact the experienced legal team at Saeedian Law Group today for a free consultation! 

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Personal Injury

How to Get Your San Bernardino Accident Report

After a car accident in San Bernardino, you may not know how to obtain a copy of your police report. There are two different ways to acquire a copy of car accident reports in San Bernardino. You may request a copy of your San Bernardino car accident report in person or by mail.  If you have any questions, contact an experienced personal injury attorney to assist in obtaining a copy of your San Bernardino accident report.  How to Get Your San Bernardino Accident Report in Person To retrieve your accident report in person, visit the San Bernardino Police Department at 710 North D Street, San Bernardino, 92401. You must head into the Records Department where you may request a copy of your San Bernardino car accident report. However, allow 10 days to pass after the incident before requesting copies of car accident reports in San Bernardino.  When requesting a copy in person, the San Bernardino Police Department provides you with a Report Request Form to complete. You must know your report number to provide to Records Department personnel. Additionally, be sure to bring your government-issued photo identification, whether it be a driver’s license or an identification card.  The Records Department at the San Bernardino Police Department is open Monday through Thursday from 9:00 AM to 4:00 PM.  How to Get Your San Bernardino Accident Report by Mail  You may alternatively request a copy of your car accident report in San Bernardino by mail. This may be the slowest method of retrieving a copy of your report, however, it may be the most convenient option in some cases. Keep in mind that requests may take up to three to four weeks for processing.  You must send a request to the San Bernardino Police Department and include the following relevant information in your request:  You must also include a check or money order to cover the cost of the report. The San Bernardino Police Department charges $0.25 per page for the report. You may wish to call the Records Department at the San Bernardino Police Department to determine the exact cost of the report prior to sending a check.  Why Is Your San Bernardino Accident Report Important? A San Bernardino accident report provides relevant information observed by an unbiased police officer. Additionally, San Bernardino accident reports provide relevant and useful information regarding the accident, including: Date and time of the accident;  Location of the accident;  Vehicles involved;  Contact information of involved parties; Insurance information;  Vehicle information;  Weather conditions;  Crash diagram; and Narrative of responding officer. All of this useful information may be used by insurance companies and attorneys in a personal injury claim or lawsuit.  Contact Us The attorneys at the Saeedian Law Group understand the stress you feel after enduring the trauma of a car accident. We work hard to protect our client’s interests and obtain a fair recovery in each case. Relieve your financial burden and emotional stress with the legal team at Saeedian Law Group on your side. We provide personalized and compassionate legal representation and understand the individuality of each of our clients. At Saeedian Law Group, you don’t owe anything until we secure compensation for you. Contact our office today for a free consultation and case review! 

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Personal Injury

Average Uber Accident Settlement in California

With the advent of companies such as Uber and Lyft, the taxi industry is nothing like it was 20 years ago. Now, just about anyone can charge for rides. Taxi fares have dropped dramatically, to the point where the average person can actually afford the fares. In another 10 years, the traditional taxi industry might disappear altogether. Although this new business model has simplified a lot of issues, it has introduced new complications as well. Uber drivers are typically not as well-trained as traditional taxi drivers, and accidents are not uncommon. When an accident does occur, the insurance situation can get complex very quickly. An Uber claim, for example, might involve: The Uber driver’s commercial auto insurance; The Uber driver’s personal auto insurance; and The other driver’s auto insurance, in a shared fault two-car accident. If all three of the foregoing insurance policies are involved, you can expect each insurance company to try to shift responsibility to the others. For immediate assistance from our experienced California Uber accident lawyers, please call (310) 288-3000 or reach us online for a free consultation. There Is No “Average” Settlement First, the bad news—there is no average Uber accident settlement in California, or anywhere else. Not a meaningful average, anyway. Every case is different, and Uber settlement payout values vary so widely that quoting an “average” would likely mislead you. Expecting less than you deserve is particularly dangerous because it may encourage you to accept a low settlement far too easily. Now, the good news: Uber rideshare settlements can be substantial. Furthermore, due to Uber’s commercial insurance, you don’t need to worry that the defendant cannot afford to pay. And if the insurance company is too stubborn to settle, an Uber crash lawsuit is always an option. Uber Accident Settlement Amounts The value of an Uber accident settlement payout depends on a number of factors, including:  Whether the accident involved another at-fault driver (you or someone else); The amount of your past, present, and future medical bills; The amount of lost earnings you sustained; Your intangible losses (the amount of your pain and suffering, mental anguish, etc.);  Other losses you may have sustained (babysitting expenses while you were in the hospital, for example); The defendant’s financial resources; and The negotiation and litigation skills of your lawyer. The negotiation and litigation skills of your lawyer are probably the factors that you are most likely to overlook. It is also the factor that an insurance adjuster on the other side is least likely to overlook, at least when determining whether to reject a final settlement offer and allow the case to proceed to trial.  Uber Insurance Other than the skill of your lawyer, perhaps the most neglected factor in calculating the value of an Uber car accident settlement is the defendant’s financial resources. It doesn’t matter if you are legally entitled to a million dollars—if the defendant cannot afford to pay, the judgment will do you little good. If the defendant is an Uber driver, however, you are likely to be in luck as long as the driver was carrying a passenger. Uber offers insurance to its drivers, with coverage of up to a million dollars in third-party liability. As a victim of an accident caused by an Uber driver, you are a “third party.” The first two parties are the Uber driver and the Uber insurance company. If the Uber Driver Was Not Carrying a Passenger at the Time of the Accident If the Uber driver’s app was not on at the time of the accident, you will have to rely on their personal auto liability insurance. If he was in “available” status or waiting for a ride request at the time of the accident, his Uber commercial insurance will only cover $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident. Joint and Several Liability When Two Drivers Are At Fault Suppose you are a passenger in an Uber vehicle, and you are injured in an accident caused by both the Uber driver and another driver. Suppose further that your claim is large, that the Uber driver can pay their share under California’s comparative fault principles, but the other driver cannot pay because their insurance coverage isn’t sufficient. Under California’s joint and several liability rules, you might be able to demand the entire value of your claim from the Uber driver’s commercial insurance policy, and leave it to the Uber driver’s insurance company to seek reimbursement from the other at-fault driver. When Settlement Negotiations Break Down: Uber Accident Lawsuits If settlement negotiations fail, filing a lawsuit is always an option. There are three main reasons you might file a lawsuit, and two of them apply even if you prefer to resolve your claim out of court. The first reason is that filing a lawsuit shows the other side (or, more likely, the other side’s insurance company) that you mean business. If your lawyer enjoys a successful track record at trial, filing a lawsuit is one of the best ways to break a settlement impasse. The second reason for filing a lawsuit is to gain access to the discovery process. The discovery process is the court-supervised process of gathering evidence. Discovery can compel the other side to release evidence and produce witnesses who you can question under oath.   Taking It All the Way to Trial The third reason to file a lawsuit is that you have given up on Uber settlement negotiations and are ready for trial. Yes, some defendants really are that stubborn. In this case, you are certainly going to need a law firm with a successful track record at trial. Remember, you can settle a claim even after the trial begins, all the way up to the final verdict.  Our Clients Come First The Uber accident attorneys at Saeedian Law Group have won generous settlements and verdicts for thousands of injured clients. We have the experience, knowledge, and trial skills to take your […]

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Personal Injury

Average Lyft Settlement in California

A Lyft accident can be terrifying. You may not know who to call after the crash. You may not know how to be compensated for your injuries either. If you or a loved one has been injured in a Lyft accident in California, contact a California personal injury attorney as soon as you can. At Saeedian Law Group, our experienced personal injury attorneys can help you understand your rights after a Lyft accident.  What Is a Lyft Accident Lawsuit Worth in California? A Lyft accident settlement depends upon the severity of your injuries and the specific circumstances of the accident. In California, Lyft accident settlement amounts have ranged from approximately $300,000 to one million dollars and beyond. These settlements represent payments for valid claims and serious injuries. Speaking to an attorney as soon as possible after your accident can help give you an estimated idea of your case’s value, and get you on the road to recovering money for the losses you have endured.   Each person’s individual settlement is different. Yours may be more or less than the average, however, the only way to find out is to speak with an experienced Lyft accident attorney. Call the Saeedian Law Group for a free case evaluation. We are passionate about helping individuals and families injured in Lyft accidents throughout California. We have a track record of success in obtaining the best possible recovery for our clients. What Are the Elements of a Successful Lyft Lawsuit? The elements of a successful Lyft lawsuit are much the same as any personal injury lawsuit. There are four elements to a successful personal injury lawsuit. Those elements are: A party had a duty to you; The party breached that duty; Your injuries were caused by that breach of duty; and You have been damaged as a result. When you get into a Lyft vehicle, the driver owes you a duty to get you to your destination safely. A driver breaches that duty when they do not get you there in one piece! A successful Lyft accident claim therefore requires your injuries to be directly caused by the Lyft accident. While no one will make you take a lie detector test, in a Lyft accident claim, you will be asked lots of questions about your injuries. Your lawyer will want to make sure that your claims relate to the accident as closely as possible to strengthen your case. An experienced personal injury lawyer can help you evaluate the validity and extent of your claims to help you get the best possible settlement. Identifying & Recovering Damages Typically, your damages will be based on the extent and severity of your injuries. Your lawyer might consider whether your injury has caused you to miss work. Missing work may therefore limit your earning capacity. Your lawyer would then put a dollar value on your lost income. An experienced lawyer might also consider your pain and suffering, as well as current and future medical bills. Understanding what your income and bills could be is essential to calculate your damages. Contributory Negligence: Could it Play a Role? In California, a lawyer would also have to consider whether your actions played any role in the accident. This typically comes into play if you were a driver in a car crash with a Lyft driver. This is less relevant if you were injured as a passenger in a Lyft vehicle. Unless, of course, you did something crazy as a passenger like causing a distraction, covering the driver’s eyes, or grabbing the wheel! In addition to considering your percentage of liability, your lawyer takes into account a variety of other items that could impact your claim for damages. Economic vs. Non-Economic Damages Some damages typically recoverable include the following types of economic or money damages: Medical bills and expenses including the costs of medications, treatments, doctors visits, hospital stays, surgery, rehabilitative therapy, and ambulance costs; Property damage, including damage to your personal belongings (for instance, if you were a passenger) or damage to your vehicle (if you were another driver); Loss of earning capacity resulting from the physical mental inability to perform your job and the resultant need to take a lower-paying position; and Loss of income resulting from lost work due to the accident.  Non-economic damages after a Lyft accident may include: Pain and suffering, including post-traumatic stress disorder (PTSD), anxiety, depression, and other types of mental and physical suffering; Loss of enjoyment of life; Loss of companionship;  Loss of consortium; Disfigurement and disability; and Other types of injuries and damages as discussed with your lawyer. Make sure to consider all possible damages. Save bills, receipts, and other items from your Lyft accident so your attorney is able to accurately assess your claim. Providing your attorney with a full set of information can help you get the best Lyft accident settlement possible.  Length of the Average Lyft Accident Lawsuit An average Lyft accident lawsuit can last anywhere from a few weeks to a few months or more. The facts and circumstances of each case are very different and can influence the length of time your case takes to be settled or litigated. Factors that can influence the timing of a claim include the complexity of the case and the success of negotiations with insurance companies. Navigating the timing and complexity of Lyft accident claims requires skill and experience. Hiring an experienced Lyft accident lawyer, like our attorneys at the Saeedian Law Group, can help you understand the timeline of your individual claim and help you achieve a good outcome.  How Do I Have My Lyft Claim Assessed? Our firm understands how difficult it can be to get back on your feet after a Lyft accident. We have the experience necessary to assess your claim and help you get all of the compensation you deserve for your injuries. We know this isn’t just a bid to get money. Getting compensation for your injuries can be essential to helping you move on with your life […]

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