Are you a teen driver who has recently got a driver’s license? Congratulations, you’re now officially a driver!
If you’re a teen driver, chances are you enjoy driving yourself from home to school. Why? Because you can now neglect all the traffic rules without being supervised by your parents. That’s pretty normal. It is common for most first-time drivers to feel like that. But we want you to be safe. Hence, we have put together this teen driver awareness article to help you be safe on the road.
Quick stats about teen accidents:
- At least 80% teen drivers prefer speed and aggressive driving.
- Teen drivers are likely to be involved in fatigue-related crashes.
- Teen drivers are likely to the driver under the influence of alcohol.
- Always put on your safety belt.
Never make the mistake of driving your car without putting on your safety belt. It is one of the good habits that will keep you alive. If you’re involved in an accident, for instance, your safety belt will protect you from being thrown out of your car. At least 75% of deaths on the road happen due to not buckling up. The good news is that there are Law Offices Of Keith J. Stone that can help you get the compensation you deserve.
- Always clutch the steering wheel steady.
Handling your steering wheel properly steering allows you to control your car. You should keep a steady hold on the wheel is essential when taking turns or holding the car straight down the road. When driving, ensure that both your hands are on the steering wheel. Avoid turning the wheel while gripping it from the inside of the wheel’s rim as that doesn’t give you 100% control of the steering wheel. However, a San Diego personal injury attorney can represent you if you’re involved in an accident.
- Avoid speeding
As much as speed may seem exhilarating, there is a danger in it. When you speed your car, you reduce the distance you’d usually need to stop your vehicle safely. But if it so happens that your love of speed injures you, a personal injury attorney San Diego will be there to support you.
- Always brake gently
When applying your car’s brakes, it’s crucial to do it gently. And the best way of doing it by avoiding slamming the brake pedal when you want to stop. If you misapply your car’s brakes, it may slip out of control and hurt you and the other driver. But if something terrible happens, a personal injury attorney San Diego CA will be there to represent.
- Use turn signals
One of the most crucial things you shouldn’t neglect is using your signals properly. If you signal to turn right, always turn right, and once you have turned, switch off signals. But if by any chance you find yourself involved in an accident because another driver has signaled wrongly, a personal injury attorney San Diego CA will be here to support you.
- Pay attention to yellow lights
Most teen drivers make the mistake of not obeying the yellow lights. Instead of slowing down to prepare to stop, most teen drivers step on the gas to rush through the intersection. If you’re involved in an accident by any bad luck, a San Diego car accident lawyer will be there for you.
- Always obey speed limits
Last but not least, if you’re on the road, always ensure that you obey speed limits. Check the road signs; the signs will tell you the speed you need to travel. Rather drive within a speed than exceed it and cause accidents that may leave other drivers hurt, or even worse, killed by your negligence. If you’re involved in an accident, a car accident attorney San Diego will help you. Contact San Diego accident attorney and ensure that you are well represented in court.
The San Diego personal injury attorney, you hire explores these criteria to determine fault in your personal injury case. Once the fault has been determined, you have another question– ‘Who is responsible for my injuries?’
Who is Responsible for My Injuries?
Once your personal injury attorney determines fault, any damages and injuries are the responsibility of the driver who caused them. Those damages can be any of the following:
- Lost wages
- Emotional pain
- Physical injuries
- Vehicle or other property damage
- Wrongful death
The personal injury attorney San Diego residents trust is the Law Offices of Keith J. Stone. The attorney will work diligently for you in seeking the answers needed to help your case. We will acquire the police report, contact any witnesses, and talk to your doctor(s), or other medical experts. Our primary focus is to do all the work and relieve you of this stress so you can work on healing and recovery.
What Type of Compensation Can I get for My Injuries?
When injured in a hit and run accident, there are a number of things you can receive compensation for. The San Diego car accident lawyer assigned to your case will inform you about what type services, you are eligible to receive.
Here are some examples of personal injury claim compensation types:
- Wrongful death
- Emotional and physical pain and suffering
- Lost wages or the ability to work
- Punitive damages (if proven defendant acted maliciously or with intent to harm you)
When determining the amount of compensation you are awarded, the attorney calculates current and future losses.
How Your Attorney can Help
When you need a personal injury attorney San Diego CA residents trust the Law Offices of Keith J. Stone. Your attorney works for you and doesn’t get paid until you win your case. The attorney helps you by handling all the legal formalities and paperwork. We will build your case, and represent you in court, should the case go to litigation.
Contact the San Diego accident attorney people trust to get them winning compensation following a hit and run accident. That car accident attorney San Diego residents trust is the Law Offices of Keith J. Stone.
Call us today to schedule a free consultation appointment with one of our legal experts at 619-531-2022 or 760-940-4110. Let us do all the work so you start the process of healing and getting back to your life.
Upon being involved in just about any type of accident, there’s always the chance that a victim will suffer a catastrophic injury. These types of injuries can affect a person for life. You’ll be in need of the assistance of an experienced, dedicated and aggressive personal injury attorney to preserve and protect your rights and plan for the future. Here at the Law Offices of Keith J. Stone, a San Diego personal injury attorney can help you to obtain the maximum compensation that you deserve for a catastrophic injury.
What is a Catastrophic Injury?
A San Diego doctor and a San Diego personal injury lawyer might define catastrophic injuries in slightly different ways, but they’re in agreement that such injuries affect victims for life. Catastrophic injuries involve great pain and suffering along with financial and emotional distress. They don’t just affect the victim either. They profoundly affect his or her family members too.
Types of Accidents That Can Cause Catastrophic Injuries
According to our San Diego catastrophic accident attorney, a variety of accidents can cause catastrophic injuries. A few examples of those types oi accidents follow:
- Auto, truck and motorcycle crashes.
- Bicycle and pedestrian accidents.
- Slip-and-falls or trip-and-falls or falls from heights.
- Construction and industrial accidents.
- Dangerously defective products.
- Sports, diving or swimming pool accidents.
- Medical malpractice.
Some Examples of Types of Catastrophic Personal Injuries
The variety of catastrophic personal injuries that can be suffered in an accident might be as broad as the types of accidents that cause them. Our San Diego accident attorney has listed some of those injuries below:
- Traumatic Brain Injuries: These might result from a traumatic impact like a fall or the brain being deprived of oxygen in a water sport accident or medical malpractice. These injuries can affect a person’s cognitive ability, memory, speech, coordination and more.
- Spinal Cord Injuries: A partially or completely town spinal cord will cause a lifetime of paraplegia or quadriplegia. Modern medical science cannot piece a severed spinal cord back together. Spinal cord injuries are commonly associated with one or more fractured vertebrae caused by motorcycle, bicycle or pedestrian accidents, diving accidents or falls.
- Amputations: An amputation of a limb can either be traumatic from an impact or surgical at a hospital. Although prosthetic devices and physical therapy a certain degree of independence for an amputation, nothing can replace the partial or complete loss of a hand, arm, leg or foot.
- Burns: These are some of the most painful and debilitating injuries that an accident victim might suffer. Severe burn injuries can cause permanent pain, disfigurement and mobility issues.
Damages in Catastrophic Injury Cases
When a victim suffers catastrophic injuries in Southern California, it’s critical that he or she select and retain Law Offices of Keith Stone, a San Diego injury attorney with extensive experience in pretrial settlements and trial settings. That’s because damages pursuant to a settlement or award in any catastrophic injury case are likely to be on the high end. A lifetime of damages might include the following:
- Past and future medical expenses.
- Past and future lost income.
- Pain and suffering.
- Permanent disfigurement.
- Permanent disability.
- Loss of a normal life.
- Loss of consortium.
If you are a family member have suffered a catastrophic injury anywhere in Southern California, working with a skillful and experienced San Diego injury lawyer should be high on your list of priorities. Don’t talk with the insurer of the person or company that caused your injuries. California’s law doesn’t require you to do that, and information obtained from you can be used against you. Before, contact the San Diego catastrophic accident attorney at the Law Offices of Keith J. Stone for a free and confidential consultation and case review. We’ll be pleased to talk about what happened and how it has affected you and your family. After that, we can talk about the legal options that are available to you. Contact us as soon as you can after suffering severe or catastrophic injuries in any accident.
While driving a car in some areas of California can delay your travel, riding a bicycle can get you there quickly and benefit your health. You get exercise while commuting to school or work or running errands.
It’s important to know the rules of the road though, so you remain safe. Follow these simple guidelines to help prevent cyclist accidents, so you won’t need a San Diego personal injury lawyer.
California Bike Laws
Since many people in the state use their bicycles as commuting tools and many individuals ride on the roadways, CA made laws to govern their integration into motor vehicle traffic. Learning these bike laws and adhering to them provide important safety mechanisms that let them help protect you.
Wear Your Helmet
Helmet laws fall into this category. You must wear a helmet while cycling on the state’s roadways. This helmet must be specifically designed for bicycle riders. That means you can’t legally wear a motorcycle or football helmet, or any helmet designed for other protection. You can learn to properly wear your bicycle helmet on a website the state government created.
The Bicycle Lane
In many areas of the state, cyclists enjoy their own road lane – the bicycle lane. These lanes typically have pylons separating them from the motor vehicle lanes, which helps make the cyclists safer. Sometimes, the cyclists choose not to use these lanes since they need to enter the main traffic lanes to make a turn or a U-turn. They still enjoy the protection of the states’ bike and motor vehicle laws regardless of the lane in which they ride. That doesn’t mean they get to flout state law though. They have as complex of transportation rules as the drivers of motor vehicles and must use hand signals to let others know when they need to slow down, turn left, or turn right.
Reflective Clothing
You can make riding your bicycle at night safer by wearing reflective clothing that makes you easier to spot. You should also put reflectors and reflective tape you’re your bicycle, especially on the pedals and the wheels. Reflective tape on your handlebars is a good idea, too, since it makes it simpler for a driver to see you when you’re cycling towards them. Although they should be in the other lane, their awareness of you keeps you both safer if they need to swerve for some reason or you need to turn in front of their vehicle.
How a San Diego Accident Attorney Helps When Accidents Happen
You can significantly reduce your risks on the road by following the law and taking suitable precautions. An accident may still happen. When it does, you should first go to the hospital or doctor. After your medical treatment, you should contact a bicycle accident attorney in San Diego.
In California, if you become injured in an accident, you have legal options. An attorney can help you obtain legal redress.
Choose a specialty lawyer who has tried or settled many cases like yours. Hiring a San Diego bicycle accident attorney lets you benefit from an attorney with experience in the specific type of situation in which you became involved.
When you need an accident lawyer San Diego trusts, contact the Law Offices Of Keith J. Stone, a San Diego personal injury attorney specializing in bicycle accidents. Mr. Stone handles cases from the perspective of the bicyclist, as well as pedestrian and auto accident injuries. This provides him with experience that helps get you the compensation you deserve. Call Mr. Stone today at 619-531-202.
An accident is the furthest thing from our mind as we wave good-bye when the bus they’re on pulls away. However, school bus accidents are more common than one might think. Therefore, we all could use a lesson in San Diego School Bus Safety 101.
School Bus Safety
Bus Accident Attorney San Diego, Keith J. Stone advises to help your kids follow these rules when riding the school bus:
- Maintain a manner of orderliness when entering or exiting the school bus.
- During the entire bus ride, remain in your seat.
- While in a school bus keep your hands, arms, legs, head, and other objects inside the bus.
- Sit facing forward with your feet flat on the bus floor.
- The aisles of the bus need to remain clear during the bus ride.
- Never do anything to distract the bus driver.
Kids must also adhere to the following rules when getting on a bus:
- Wait until the bus is completely stopped before standing up.
- When waiting at a bus stop, ensure it is a safe place away from oncoming traffic.
- Always use the hand rails when getting on the bus.
When preparing to exit the bus, ensure to follow these rules:
- Walk at least 10 feet from the front of the bus to cross the street.
- When students need to cross the street, the bus driver should signal other drivers by flashing the red light on the bus.
- The bus driver should never allow anyone to cross the street from the rear of the bus.
What are The Rules for Stopping Around a Bus and School Zone
Whenever approaching a school bus with red lights flashing and/or the stop sign out, California Code rules you stop. San Diego Bus Accident Attorney, Keith J. Stone advises that this means, coming to a complete stop. They also state the lives of the children on the bus are more important than where you have to be.
Tips for Parents
As a San Diego Accident Attorney, I want to ensure your kids are safe when they leave the house. Therefore, here are some safety tips that should assure their safety:
- Buy your child(ren) a bookbag or backpack to put their belongings in. This ensures they don’t drop something.
- Have them wear bright, contrasting colors. This assures drivers will see them in the early morning hours.
- Get to the bus stop at least 5 minutes early; being early ensures they don’t have to run to catch the bus.
- Walk your child to the bus stop; remember, there is safety in numbers. If you have older kids, make sure they have some other children to walk with.
- Stay on the sidewalks when walking. If there are no sidewalks, then always walk facing traffic. Teach children to walk as close to the side of the street as they can. Stay out of the way of oncoming traffic.
- Do not condone horse play at the bus stop. Tragic accidents happen when kids are pushing and shoving one another into the street.
- Ensure your child stands 10 feet from the side of the road. Teach them how to measure 10 feet by having them take 5 giant leaps.
- Make sure you tell them to respect others while waiting for the bus.
If all these precautions are taken, and your child is injured in a bus accident. There is a San Diego Accident Lawyer that can help.
How an Attorney Can Help if Your Child has been in a Bus Accident
San Diego Personal Injury Attorney , Keith Stone can help if your child has been injured in a bus-related accident.
Whether the injuries your child sustained were the fault of another driver; Keith j. Stone, San Diego Bus Accident Lawyer can help. If your child has been in a bus-related accident; call the Law Offices of Keith J. Stone. We are the Bus Accident Lawyer San Diego that you need to fight for you.
Semi-trucks are a blessing to all of us, businesses, and residents. These trucks carry tons of products to go to our local stores. And while it’s great that truck drivers work hard to meet deliveries, it is also very risky to share the road with these trucks. In fact, it can be downright dangerous, even to the point of fatalities. Having said this, the following includes tips for sharing the road with semi-trucks:
1. Pay careful attention to semi trucks on the road.
Semi trucks take up a lot of space. You should always look for them and pay close attention to the actions they take—but many drivers overlook semi trucks until it’s too late.
When you share the road with a semi truck, take note of:
- The truck’s cargo. Pay attention to the type of cargo the truck may contain. Flatbed trucks, for example, may carry heavy, oversized cargo. If the driver or loader does not secure that cargo properly, it can cause a falling load accident, which may cause severe injuries to those in other vehicles. On a traditional 18 wheeler with a closed trailer, make note of the trailer’s doors. If you notice them opening or moving oddly, which could suggest that the loaders did not secure them properly, you may want to signal the driver or get out of the way.
- The driver’s behavior. Does the truck seem to drift from one side to the other? Is the driver behaving erratically in any way? If you spot the signs of distracted or inebriated driving in a truck driver, you may want to maneuver away from that driver as soon as possible to help reduce the risk of an accident.
- The truck’s position and signals. Always pay careful attention to a truck driver’s intended pathway. Many accidents, for example, occur as the truck driver attempts to turn the vehicle. Truck drivers may need to make wide turns, especially right turns. A vehicle that creeps into the space the truck driver needs to occupy during that turn may end up in an accident. If you notice a truck driver signaling his intent to get into your lane, you may need to signal him regarding your presence or, if possible, get out of the way quickly.
2. Give semi trucks plenty of room to maneuver safely.
Because of their larger size and weight, semi trucks need more room to maneuver safely on the road. Truck drivers need more space to stop or turn. As the driver of a smaller passenger vehicle, you can take some of the pressure off the truck driver and reduce the risk of accidents by offering plenty of room for the truck driver to maneuver.
This includes:
- Not pulling over in front of big trucks. Make sure you leave adequate room behind you before pulling over in front of a big truck, especially at a traffic light or stop sign. Truck drivers cannot stop their vehicles quickly, especially when pulling a heavy weight.
- Leaving room for truck drivers to change lanes when needed. If a truck driver signals that he needs to change lanes, do not try to run up further into the lane to prevent him from coming over. Instead, drop back in traffic and flash your lights to let the driver know when he has adequate room.
- Allowing the truck plenty of room to make turns. If you see a big truck signaling the driver’s intent to turn right, for example, make sure you do not pull up directly on the right side of the truck. Many truck drivers need to make wide right turns, and if you pull up alongside a truck, it can make it more difficult for the driver to turn safely.
- Giving the truck driver time and space to maneuver if he gets stuck. On tight city streets, in particular, truckers have little margin for error, and accidents can occur quickly. If you notice that a truck driver has maneuvered into a dangerous position or gotten stuck due to traffic, try to get your vehicle out of the way and leave room for him to maneuver.
3. Know common truck blind spots.
Modern technology has undergone substantial advances, making it easier than ever for truck drivers to see the road around them, but those advances haven’t eliminated the hazard of trucking blind spots. Even trucks with cameras and collision warning may not give the trucker a complete view of the road around them.
If you cannot see the truck driver’s mirrors clearly, he likely cannot see you.
4. Follow all the rules of the road.
At high rates of speed, your risk of involvement in an accident increases substantially. The faster you drive, the harder it becomes to avoid common hazards on the road. You may also increase your risk of an accident if you attempt to rush through a red light or stop sign rather than waiting for your turn.
5. Dim your Brights.
On dark nights, you may turn on your brights to increase your ability to see the road or to make your vehicle more visible to others around you.
6. Pass trucks quickly, if you need to pass.
Don’t assume that the driver of a truck you’re passing knows you’re there. Because of blind spots, the truck driver may not always know that you moved—or even have seen your vehicle in the first place.
7. Use your turn signals.
If you need to slow down, change lanes, or turn, always use your signals to indicate your intent to other drivers. Truck drivers rely on your signals to determine their next moves. Tapping your brakes and putting on your turn signal lets a truck driver behind you know that you plan to turn soon and that the truck needs to slow down, giving you more room.
8. Slow down in bad weather.
Bad weather can prevent you from safely maneuvering your vehicle. Semi trucks have limited move-ability and sudden change reactions can cause a chain reaction.
If you were injured in an accident involving a semi-truck, contact the San Diego accident attorneys at the Law Offices of Keith J. Stone. We can help you get the compensation you deserve.
Be Prepared if You are in a Pedestrian Accident
Those in big cities seem to be the most vulnerable, in San Diego, for example, nearly 1,000 pedestrians and bicyclists are hit and seriously injured each year. Areas like Downtown, Southeastern, City Heights, and local neighborhoods where people walk more are the most likely to incur pedestrian and bicycle accidents.
Safety Tips for Pedestrians and Bicyclists:
Ever since we crossed our first street with our parents, we all heard “look both ways before you cross the street,” but today, there is much more to look out for and way more distractions than there were previously.
Here are some safety tips for those that enjoy a morning or evening stroll:
- Walk on the sidewalk if possible. If there is no sidewalk, walk on the side of the street facing traffic.
- Obey traffic signals.
- Cross the street only at crosswalks when it is safe to do so.
- If there is no crosswalk, move to an area where you can see oncoming traffic.
- Follow your parents’ advice and look left, right, and left again before crossing the street.
- Be alert and not distracted.
- Do not use your cell phone or wear earbuds that can alter your ability to hear oncoming traffic.
- Do not drink or take drugs that can impair you when you are planning a walk.
- Wear bright clothing during the day and reflective clothing at night.
- Wear a hat with a light or bring a flashlight on your walk at night.
- Be careful of cars around driveways where residents can pull in and out.
- Watch for cars backing up in parking lots.
- Make sure young children are with an adult when taking a walk.
- Make sure your pet is on a leash if they are walking with you, many accidents are caused by chasing an animal that may have wandered into the street.
What Should You Do If You are in a Pedestrian Accident?
Walking in a big city can be as dangerous as driving in it. Do you know what to do if you are in a pedestrian accident? Many of us are prepared for accidents as auto drivers, but most of us would not know what to do if we were in an accident while walking.
Here is some helpful information for avid walkers:
- Get medical care if you have been hit and injured
- Call the police to start an accident report, it is a legal requirement in many states
- Document the accident to the best of your ability:
- Details of where you were and where the car was
- Get information from any witnesses to the accident
- Document time, date, location, weather, and road conditions
- Record your version of the accident
- Get the information for any police officers at the scene
- If possible, get photos at the scene
- Contact your insurance company
- Do not say too much. This can be a frightening ordeal, but watch what you say at the scene of the accident
- If you are injured, seek the advice of legal counsel
The Best Car Accident Injury Attorney San Diego:
No one plans on being in a pedestrian accident, but if you are, it is wise to be prepared. In San Diego, the Law Office of Keith J. Stone is a good place to start. They are one of the best in the area.
You will need an experienced accident lawyer San Diego and surrounding areas if you are hit while walking. They can explain your rights and make sure you receive proper counsel if you are hit and injured. It is important when you are looking for an attorney to find one that is experienced in this type of legal action.
San Diego Injury Accident Attorney
Keith J. Stone’s law firm is an expert in auto accidents and works hard to make the process as simple as can be. He is a San Diego Pedestrian Accident Attorney dedicated to helping those injured in a car accident. He is also a San Diego Wrongful Death Attorney, in case you know someone involved in any type of accident and lost their life. Having his information handy can help those that do not know what to do next because of shock and bereavement.
If you or someone you know needs an Accident Attorney in San Diego, keep the Law Offices of Keith J. Stone’s phone number handy. They are available to help clients 24/7 at 619-531-2022. Their offices are at 555 W. Beech Street, Suite 210 in San Diego, CA 92101.
Motorcyclists have a reputation for being rebellious, but the truth is they can (and should be) as law-abiding and courteous as anyone on the road. Because a motorcyclist is not surrounded by an iron frame for protection, they must be active in following safety protocol to keep safe. Unfortunately, motorcyclists are highly over-represented in vehicular accidents. In 2020, 5,458 motorcycle fatalities were reported. It’s the highest number ever recorded. The Motorcycle Accident Injury Attorneys San Diego share how to keep from being a statistic.
Safety Tips
While this article is a good start, you should take a safety course to learn all the rules of the road. Slippery roads are dangerous so check the weather before you go out. Leather doesn’t just look cool; it’s also the safest thing you can wear on a motorcycle, along with a DOT approved helmet. Give your bike a quick safety inspection before heading out. Going the speed limit and using turn signals is not only polite but safe. Avoid the blind spot of other drivers and wear reflective clothing. Don’t tailgate. Should an accident happen anyway, it’s a good idea to have a first aid kit with your bike and then call an accident lawyer San Diego for help.
Road Hazards for Motorcyclists to Watch For.
One of the most important safety tips for the motorcyclist is to watch out for hazards on the road. These can be natural or manmade hazards. Both require attention.
Natural Hazards
– Weather
Slippery snow and ice can be even more dangerous for a motorcycle than an automobile. Driving through a puddle of standing water can cause hydroplaning. Leaves may be slick with mud and water and can be dangerous to drive on. Potholes are caused by a combination of years of weather damage and human neglect.
– Debris on the road
Gravel can be hard on a motorcycle, especially when turning. Rocks and fallen branches can be a bigger hazard for motorcycles than automobiles.
Animals
Guess which animal causes over two hundred deaths a year in the United States. It’s not bears. It’s not alligators. It’s not cougars. It’s deer. Deer run out in the middle of the street and cause vehicular accidents. Be especially careful in dawn and dusk hours when deer are most active.
Manmade Hazards
– Railroad crossing
Even if you stop, look and listen like you’re supposed to, railway crossings can be tricky for motorcyclists. If the tires get caught in a track, that can cause a crash. Wood and metal can get particularly slippery when wet.
– Road connections
Edge breaks might be virtually undetectable by someone in an automobile but can be quite the problem for someone on a motorcycle. Bridge joints can also be difficult for a motorcyclist to navigate.
– Odds and Ends
If items are not sufficiently secured to a vehicle, they can fall off and be a hazard to anyone on the road. Oil spillage can make the road extra slippery and dangerous to navigate. If another driver is distracted by a cell phone or intoxicated, that can spell trouble for everyone.
Other Drivers and Motorists on your Road
Motorcycle operators are often very safe and careful. Despite their best efforts it’s the other drivers who are in a hurry, texting, chatting, and doing all kinds of things except looking out for you. Try to keep a safe cushion around your bike.
How an Attorney Can Help
If you are looking for a motorcycle accident lawyer in San Diego, contact the law office of Keith J. Stone. He will help you in determining your insurance coverage and analyze evidence to determine who was at fault. This San Diego motorcycle accident attorney will guide you in discovering your legal rights and maybe help you get compensation. Keith J. Stone is an accident attorney in San Diego who will fight for your legal rights. This San Diego injury accident attorney knows how serious injuries can get in a motorcycle accident and can get you compensation for another’s negligence.
Are there Caps to Damages in Personal Injury?
When someone has a personal injury claim in San Diego due to another person’s negligence, California law allows them to file a tort claim for compensation. Wrongful deaths, accidents involving motor vehicles, construction area accidents, slip-and-fall accidents, construction site accidents, assault injuries, and even pet attacks are all instances of situations that could lead to a tort suit.
The goal of compensation in a tort suit is to reimburse the sufferer for all the harm that has affected their lives, meaning that the payment should return them to their pre-accident status as closely as practicable.
There are two types of compensation required: economic and non-economic damages to restore someone’s life to what it was before an accident. However, for medical malpractice claims, there is a cap.
Consulting a San Diego personal injury lawyer will help you determine the best route to take to get the compensation you deserve.
Cap On Non-Economic Damages ( Medical Malpractice)
Damages limits are rules that set a limit on how much non-economic damages can be awarded in a lawsuit. Each state currently has its damages cap. Meanwhile, the federal government has capped non-economic damages in medical malpractice cases at $250,000.
A cap on damages attempts to reduce service providers’ liability to manage the high expenses of doing business since juries may feel tempted to give the patient millions of dollars in non-economic damages. A San Diego personal injury attorney will fight to get you the highest compensation you deserve.
Economic/Special Damages
Economic damages, often known as special damages, pay the sufferer for expenses incurred due to the injury or accident. Special damages can refer to both past and future costs.
Medical expenditures for any injuries sustained due to the occurrence are the most typical sort of economic damages. Property damages might be sought in the event of an automobile accident to cover damage to the victim’s vehicle.
Damages for lost wages would be acceptable if the harm were severe enough to prevent the victim from working. Bills and pay stubs can easily document all of these types of losses. You do not, however, need to have a bill in hand to collect compensation for economic losses.
Victims of debilitating injuries that result in long-term or permanent disability can seek compensation for future medical treatment, rehabilitation, physical therapy, nursing care, and vocational rehabilitation, among other things. Medical experts’ estimations are commonly used to determine the value of these damages.
Non-monetary Damages
Non-economic damages, sometimes known as general damages, are intended to reimburse personal injury sufferers for intangible losses resulting from the changes in their lives caused by the injury. Pain and suffering, mental agony, and loss of consortium are examples of non-economic losses (loss of a relationship with a partner).
Tangible losses are what lawyers used to determine economic damages. Someone with a huge medical bill for a serious injury, for example, is thought to be in more pain and suffering than someone with a lesser expense and a less serious injury.
Putting a monetary value on non-economic damages can be difficult. Therefore, the best way to determine the economic value is with the help of an experienced personal injury lawyer in San Diego.
Punitive Damages
Personal injury sufferers may be eligible to recover punitive damages in some situations. The purpose of these damages is to punish the at-fault party rather than to pay the victim. Punitive damages are only available in California, where the at-fault party behaved with fraud, oppression, or malice.
A Personal Injury Attorney in San Diego knows How Much Your Case is Worth
Call The Law Offices of Keith J. Stone today if you have any questions about the possible value of a San Diego personal injury claim. We will offer you a free initial consultation and explain the types of damages to which you may be entitled.
Types of Compensatory Damages that Can Be Claimed in a Personal Injury Case
The first step in handling any personal injury case is to obtain the services of a San Diego personal injury attorney. Meanwhile, the examination of probable damages is the final step in defining the worth of any San Diego Personal injury claim.
“All individuals who suffer disadvantage as a result of another’s unlawful conduct or omission may claim from the person who is at fault a recompense in money, which is known as damages,” according to Civil Code 3281.
In a personal injury case, there are several sorts of damages that you can recover, the first of which is known as compensatory damages.
Compensatory Damages
Compensatory damages aim to “make the plaintiff whole,” meaning an attempt to place the injured person in the exact circumstance they’d be in had the accident not occurred, also referred to as the “made whole” statute.
The courts do not provide the jury any specific instructions on how to calculate compensatory damages. The case facts determine it, and a San Diego Personal Injury Lawyer will ensure that happens.
“Special” and “General” damages are the two forms of compensatory damages. Non-financial damages, such as suffering and pain, fall under general damages. Economic damages include lost salaries, medical bills, and any out-of-pocket expenditures faced as a result of the injury.
Special Damages
Medical Expenses: In a personal injury action, the plaintiff qualifies to collect the reasonable value of medical expenses. A personal injury attorney in San Diego will help you show the following for past medical expenses:
- The reasonable cost of medical care that is considered necessary
- That any medical expenses claimed are reasonable compared to the cost of the treatment and the necessity of the treatment, and that the treatment is for the defendant’s injury.
With sufficient proof of the medical costs, the plaintiff can show this in court. An expert medical witness can substantiate the medical claims. To be entitled to compensation for future medical expenses, the plaintiff must show that:
- They are reasonably priced,
- Relevant, and
- Needed in the future.
Medical expert testimony will be required once again to demonstrate this proof in court.
In terms of medical bills, the correct value for assessing the acceptable amount of medical bills for past medical expenses is the amount paid or required to be paid, not the actual bill.
Most health insurance companies have agreements with other companies to provide services at a discounted fee, and the court uses this rate to calculate damages.
Meanwhile, damages received as a result of an injury are not taxable. Nonetheless, unless you use the damages for medical care, damages granted for pain and suffering when there is no underlying physical harm are liable to taxation. Punitive damages are also taxed.
Loss Of Earnings – The plaintiff is allowed additional “special damages,” such as lost earnings, upcoming earnings, and the incapacity to seek a livelihood.
Any monetary earnings or fringe privileges that you may have obtained if the injury had not occurred are included in the loss of wages. Those who have been conventionally employed will be eligible to recover any wages that have been lost or will be lost as a result of their absence from work.
Inability to Pursue a Career – If the injury is severe enough that the injured party will not pursue their intended career, they may be entitled to compensation. In this case, the percentage of the damages must reflect what you would have received less the quantity that you will gain from any additional employment if that is even possible.
How a Personal Injury Lawyer in San Diego Can Help
Damages law is a complicated area of law that the Law Offices Of Keith J. Stone are aware of and equipped to handle. Therefore, If you have a personal injury claim in San Diego, they are familiar with the law governing damages and will help you seek the best compensation.
Common Car Accident Injuries
Driving is an essential part of modern life and most of the time something you don’t spend much time thinking about. Unfortunately, if you have to drive to and from work every day your odds of being in an automobile accident greatly increase. An auto accident can occur for many reasons, including speeding, lack of awareness, bad weather, bad road conditions, mechanical failures, and simply getting distracted.
No matter the cause your well-being is of utmost importance a Car Accident Injury Attorney San Diego can help. If you’ve been injured in a car accident and need a San Diego San Diego Car Accident injury attorney we can provide the legal advice and experience you need. At the Law Offices Of Keith J. Stone, we’ve been helping people like you get the compensation you deserve for injuries, care, and pain and suffering since 1986.
Common Car Accident Injuries
When you’re in an automobile accident many injuries can occur and even if they seem minor at first can lead to expensive long-term treatment. If you’ve sustained any of the below injuries you should contact a Car Accident Injury Attorney for advice as soon as you can.
Cuts and Lacerations: automobile accidents can easily cause various cuts ranging from simple scratches to deep lacerations requiring professional medical treatment such as stitches to treat. The force of impact, striking your steering wheel, airbag impact, and shattered glass can all lead to cuts or lacerations.
Broken Bones: the force of impact and crumpling of your car can lead to broken bones. The most common broken bones in automobile accidents are the legs (femur, tibia, hips), ribs, skull fractures, back fractures, arm breaks, and others.
Head, Neck, and Spinal Injuries: your head, neck, and back are often violently jerked and placed under extreme force in a car accident. In addition to broken bones, other injuries such as concussions, whiplash, herniated discs, and other soft tissue damage can occur. If you struck your head you should contact an accident lawyer San Diego even if you think you’re OK as concussions can take time to cause symptoms and they can be severe.
Paralysis and Nerve Damage: the worst car accidents can cause injuries that are permanent such as those that damage the nervous system. Paralysis can leave you in a wheelchair or a quadriplegic. Nerve damage may not be as total but can still impact your daily life by reducing your range of motion, making walking difficult, causing tingling to the fingertips, and other long-term issues that can be life-altering.
Internal Bleeding and Organ Damage: sudden impact can cause internal damage that can be life-threatening and require immediate medical care, surgery, and inpatient treatment to address. Internal bleeding such as brain bleeds and broken blood vessels require immediate treatment. Organs that can be damaged include the spleen, lungs, stomach, liver, and kidneys. Such injuries often require surgery and in some cases organ transplants. Organ damage can be debilitating and you should speak with an Accident Attorney in San Diego if you’ve been hurt.
How a Lawyer Can Help You
If you’ve been in an accident you should contact a San Diego Injury Accident Attorney as soon as possible. Automobile accidents can greatly disrupt your life, and even mild injuries can lead to a great deal of personal stress. Dealing with insurance companies, law enforcement, and associated expenses such as medical care and lost wages can seem like too much to handle. That’s where we can assist you. When you need a Car Accident Lawyer in San Diego reach out to us today at 619-531-2022 or if you prefer email at keith@kjslegal.com to discuss your injury and how we can help you get the compensation you deserve.
