Recent Blog Posts
Do Halloween Accidents Qualify for Personal Injury Claims?
Many Americans, children and adults alike enjoy Halloween. Dressing in costumes, attending parties and haunted houses, and trick-or-treating are just a few of the ways we celebrate All Hallows’ Eve. Unfortunately, accidents can happen, producing injuries and fatalities.
What kinds of accidents frequently happen during the Halloween season? If you or your child is injured in a Halloween accident, can you get compensation by filing a personal injury claim? A knowledgeable lawyer from Maineri Law Firm can assess your eligibility during your free consultation, so call now.
Understanding Negligence in Halloween Accidents
To qualify for compensation, someone else’s negligence must have contributed to causing your accident and resulting injuries. In legal matters, negligence is failing to behave like a reasonable person would in the same circumstances. Whether you were injured on the streets, at a home while trick-or-treating, in a haunted house, or at a party, someone was responsible for using reasonable care to avoid harming you. When someone breaches that duty, you likely have grounds to file a personal injury claim.
What Is the Average Settlement Amount for a CA Car Crash?
If you are injured in a car accident, some of the first questions you have are whether you can get compensation and how much your settlement will be. In California, you can seek payment from other at-fault drivers even if you bear the majority of the blame for causing your collision. With that first question answered, what is the average settlement amount?
The answer: We wish we could give you a figure, but there is no such thing as an average settlement amount. Various case-specific factors determine how much you may receive. A knowledgeable attorney from Maineri Law Firm can try to calculate your damages and assist you in getting the highest possible amount.
How Are Damages in Car Accidents Determined?
Injured car accident victims typically require medical treatment, and they may miss work during their recovery. Their vehicle likely needs to be repaired or replaced, and they may need assistance with everyday chores and care. Accidents and injuries can also take a significant toll on the victim’s quality of life.
Understanding California Personal Injury Claims
You have probably heard that you may be entitled to compensation if someone else causes an accident that injures you. However, there is a lot more to getting a settlement than filing a claim and waiting for your payout. Personal injury claims have the potential to become complicated, and you need to know how to overcome the challenges to receive a reasonable settlement amount.
You do not need to face these hurdles alone. An experienced lawyer from Maineri Law Firm can help by rigorously protecting your best interests while giving you the personal attention you deserve.
What Is a Personal Injury Claim?
When you sustain an injury because of someone else’s negligence, you may be able to get compensation through a personal injury claim. As the basis for most of these claims, negligence is a legal term that means failing to behave as a reasonable person would in the same situation, whether by action or omission. Speeding is an example of a driver’s negligent action, and not checking blind spots before merging is an omission.
Filing a Riverside Transit Agency Slip-and-Fall Accident Claim
In 2022, there were 15,033 bus accidents across the United States, with 210 resulting in fatalities. New York had the highest number of bus accidents, followed by Florida, Texas, California, and Illinois. There were 857 bus accidents in the state of California in 2022, and while many were minor, others resulted in severe injuries.
While we usually think of a crash or collision between a bus and another vehicle causing injuries, there are instances where a slip-and-fall can occur on a bus or as a person gets off the bus. If there was negligence involved that caused the accident, injured victims can file a claim against the private bus company or, in the case of city buses, against the government entity that operates the buses.
There are different laws and rules when filing against a government entity. If your accident occurred on a Riverside Transit Authority bus, you could benefit from speaking to a knowledgeable Temecula personal injury attorney who has experience filing claims against government entities. Your lawyer will know the statutes of limitations and how to build a solid case on your behalf.
Hours of Service Violations in Truck Accidents
Like most jobs, driving a truck is something that you need to learn. Beyond simply learning how to drive, there are many rules and regulations that truck drivers need to follow. Part of the reason why there are so many requirements is that trucks can cause significant damage and injury if they are involved in a collision. They could even be responsible for a wrongful death following an accident.
Even if someone is a natural at properly maneuvering such a large vehicle, they still need to make sure they are following all the special regulations that are intended to prevent as many accidents as possible. For example, there is a whole category of regulations under the title of “hours of service” that is aimed at ensuring drivers do not drive for too many hours straight, thereby lowering the chances that they are too tired to drive safely. If you were injured in a truck accident and you think there may have been a violation of hours of service regulations, speak with an experienced Riverside County, CA truck accident attorney to understand your options.
Can I File a California Wrongful Death Claim?
The death of a family member is a tragedy, especially when his or her death could have been prevented. Deaths that occur due to someone else’s negligent or reckless behavior are considered wrongful deaths in California, and surviving family members may be able to file a wrongful death claim. A knowledgeable California wrongful death attorney can help you determine your eligibility to pursue a wrongful death case in court.
What Is Considered Wrongful Death in California?
In California, a death is considered wrongful when it occurs due to the “wrongful act” of another individual. The act that leads to the death may be intentional, reckless, or negligent. Examples of incidents that often lead to wrongful death include medical malpractice, car accidents, and slip and fall accidents, where death would have otherwise been preventable if the third party had acted with care.
Injury Claims Post-Accident with a Distracted Driver
Distracted driving is one of the most common causes of car accidents, and being involved in an accident with a distracted driver often results in serious injuries. You may have a claim after a distracted driving accident, though it is important to seek the guidance of an experienced California attorney as soon as possible to explore your legal options.
Determining Fault in a Distracted Driving Accident
One of the most important things to do after a distracted driving accident is to determine fault. In most cases, distracted drivers will be texting, eating, changing radio stations, or using other handheld devices that cause them to act recklessly or negligently, causing the accident. This may seem straightforward at first, but proving that the other individual was distracted while driving can be complex.
Essential Evidence After a Bicycle Accident in California
Being involved in a bicycle accident in California can be a deeply traumatic experience, especially when you are facing injuries and legal challenges. As an injured bicyclist, understanding the most important evidence you can use in your injury claim is crucial for seeking justice and compensation. By gathering key pieces of evidence, you can strengthen your case and improve the possibility of attaining a favorable outcome.
At Maineri Law Firm, our skilled injury attorney has over 23 years of experience assisting clients in California to navigate the aftermath of their personal injury. When clients come to us, they can feel confident that they will meet every required deadline in their case, such as the two-year statute of limitations for injuries, and receive high-quality guidance and a lawyer who will not quit until the job is done. For aggressive legal representation in pursuing the damages you may be entitled to, Attorney Maineri is an attorney you can depend on.
What To Do When Injured in a Slip and Fall Accident in California
Slip and fall accidents can happen in any occupation or environment and it is quite common for them to result in injuries of various degrees. Understanding what to do in the situation and how to handle what follows is crucial to determining your path toward compensation. There are a few essential steps you should take that will make it easier to file a claim. Of course, it is always wise to bring in an experienced lawyer to assist you.
Seek Medical Attention
Above all else, ensure that you are taken care of medically. Even a mild injury or one that is not immediately noticeable can become a serious problem later on. Make an appropriate and thorough assessment of your situation and consider going to the hospital for an examination. If you choose to go to the hospital, document everything from costs to the doctor’s concerns. These can both be used in a claim or lawsuit. In some slip and fall cases, there are injuries that you may not notice or cannot see, as they are more mental or emotional than physical. These injuries are just as valid as physical ones when filing a claim or lawsuit.
Understanding Pure Comparative Negligence in California
In both car collisions and truck accidents there is a likelihood of injury to one or both parties involved. It should come as no surprise that medical costs are not cheap. So, in a motor vehicle accident, who winds up paying for the bills?
In California, it depends, in part, on who is at fault or whose negligence led to the accident and subsequent injuries. Thankfully, even if the defendant is only one percent liable for the plaintiff’s injuries, the plaintiff can still sometimes receive compensation for damages. The intricacies of pure comparative negligence can be complex. A personal injury attorney is the best person to help you navigate your case.
Pure Comparative Negligence
Most states use modified comparative negligence. In these states, a plaintiff cannot receive compensation for damages if they are found to be at fault for a specified percentage of the accident. The percentage will vary from state to state but will typically fall between 50 to 51 percent. California chooses to use pure comparative negligence in its personal injury cases.