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December 19, 2014

From Consultation to Resolution: What a Personal Injury Victim Can Expect When Filing a Lawsuit

Personal injury law dictates that an individual who suffers injuries as a result of another person or entity’s negligence or carelessness is entitled to establish a claim—a lawsuit—for damages against the latter. That may seem easy for anyone who may want to recover compensation for the damages they incurred, but it actually involves a certain process, which starts with the injured victim consulting a lawyer and ends with the case being resolved.

As such, here is what a personal injury victim can expect when he or she decides to file a lawsuit, from start to finish:

  • ·         Contacting a personal injury attorney. This is the most important action that the victim must take in order to determine if he or she has a valid claim for damages against the other party involved in the personal injury accident. Most lawyers provide free case consultations, so it is a good thing to speak with one while or after obtaining medical treatment. During this time, the victim must be able to provide the attorney with any documents—medical records, witness statements, police reports, etc.—so that the lawyer can evaluate the claim.
  • ·         Evaluating the personal injury attorney. The victim must be able to take into account the importance of having the right lawyer for his or her case. Experience, track record, and the way the attorney approaches the claim should be considered.
  • ·         Obtaining legal counsel. This occurs once the victim has chosen who he or she thinks is the best lawyer for his or her case. Most lawyers for personal injury cases work on a contingency basis, also known as the “No Win, No Fee” arrangement, wherein they are paid fees only if they successfully won their clients’ cases on their behalf.
  • ·         Investigating everything about the personal injury claim. In this part of the process, the lawyer will look at every possible aspect of the case, from the victim’s injuries to the resulting damages he or she suffered. Negotiations with the other party’s insurance company usually take place here.
  • ·         Settling the case before going to the trial phase. Usually, a personal injury case is settled before a lawsuit can be filed. The negotiations between the victim’s lawyer and the other party’s insurance company often involve arriving towards a favorable settlement offer. It is at this point when the victim, at the advice of his or her personal injury lawyer, decides to whether or not reject the offer.
  • ·         Filing the lawsuit. If no settlement was reached (i.e. the victim denied the settlement offer from the other party), the victim’s attorney would file the lawsuit. It usually starts with the pre-trial phase, wherein all the particular information for the case is constructed. Along the way, mediation may be brought up, wherein the two parties proceed to negotiate a settlement before a mediator. The pre-trial phase ends if both the victim and the other party reached a settlement during mediation. If not, the trial commences.
  • ·         Trial phase. In this part of the legal process, the claim is presented before a judge or jury, with the other party setting up a defense against the victim’s allegations. After both sides have presented their arguments, the judge or jury would determine if the other party was indeed responsible for the accident and the resulting injuries and damages to the victim. If it is, then the judge or jury would determine the amount of damages that the victim may receive. The offending party may also file an appeal if the verdict is deemed unacceptable.

Indeed, filing a lawsuit is a complicated process that could either be settled out of court or be decided by a judge or jury. It is imperative for the victim, again, to obtain a personal injury advocate who has the expertise and the experience when it comes to the claims process.

September 09, 2014

The Safest Motorcycles Money Can Buy

Wind blowing in your face, acceleration that you can feel, handling that’s surreal. These are just some of the unique sensation that one feels while riding a motorcycle. Every year, more and more motorcycles are being registered because of more and more people are getting into this hobby. However, the number of motor vehicle accidents, some fatal, do involve motorcycle riders. This is the reason why motorcycle makers are coming up with new models with technologies that are aimed to make this dangerous hobby safer.

While loving the many perks that motorcycle riding offers, a rider like you would still want to stay safe from accidents. And so, here is a list of the safest motorcycles in the planets. A list of bikes that are equipped with the state-of-the-art safety features that will help lessen your chances of ending up in a motorcycle accident.

-          KTM 1190 Adventure. As its manufacturer claims, this is the first motorcycle ever in the world thanks to its myriad of safety features like:

  • Motorcycle Stability Control (MSC) - responsible for controlling the riding dynamic control so one can better control their bikes while riding.

  • Combined ABS (C-ABS) - ensures that a motorcycle rider has better control when braking, helping him maneuver his bike better in emergency braking situations.

  • Motorcycle Traction Control (MTC) - helps prevent accidents by preventing any of the wheels to locking up or slipping which may cause one to crash.

-          2015 Chak Molot. Although this bike really started out as a 2013 Honda CBR1000RR ABS bike, the tons of upgrades that it received makes it one of the safest motorbikes around if it actually goes on production. Safety Features include the following:

  • Use of carbon fiber body parts - makes it lighter, nimbler and easy to control.

  • Use of LED lighting - helps make you see what’s on the road and keeps you highly visible at night, with less energy consumption.

  • Use of an on-board, front-facing HD camera - records everything and stores it on a HDD. This could be used as a valuable piece of evidence in the event of a crash.

  • Predictive Emergency Braking System (PEBS) - This system has access to the bike’s throttle and brakes. The system uses HD cameras, proximity sensors, gyroscopes, and two radars that seamlessly work together to detect objects or hazards on the road. First, the PEBS warns the driver and after failing to respond to these dangers, the system controls the bike and operates on the brakes to bring the bike in a complete stop.

  • Anti-lock Brakes (ABS) - which provides maximum braking power without the tires slipping, ensuring maximum control at all times.

  • Lane Departure Warning System (LDWS) - alarms the rider if he has changed lanes unknowingly, helping prevent accidents from happening.

  • Use of a gyroscope - helps detect abnormal rider behavior of the bike and cuts the throttle.
With so many standard features available in this prototype, it could really be the safest bike to be released by far.

These two bikes are the current leaders in their segments when it comes offering crash avoidance systems on motorcycles. Should all of these systems work together and work well, such could help prevent accident from happening, helping save lives of many motorcycle riders who use these. However, as a Los Angeles motorcycle attorney would like to remind us, the best and most effective safety feature on motorcycles are its riders. With a disciplined, safe rider, accidents could be better avoided and there would be lesser chances of mishaps, putting down the numbers of people get hurt, injured, or dead.

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August 28, 2014

Suspected DUI Driver Hit the SUV of Dwayne “The Rock” Johnson’s Mom

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In this day and age of the drunk driving laws implemented here in the United States, it is quite intriguing that there are still a number of drunk driving-related accidents on American roads. The US and the state of California for one, strictly implements these laws but still, it seems that some people still don’t know how dangerous driving the influence of either alcohol or illegal drugs are. Case in point: This latest accident that involved the mom of famous actor and former WWE superstar, Dwayne “The Rock” Johnson.

The Johnson Family’s Account
While not much information was provided by the agencies concerned, Dwayne sent a photo of the crash site via micro-blogging page Twitter. The accident allegedly happened in Florida where the former’s mom was living in. Johnson said that his mom was driving when the defendant suddenly rammed her vehicle in front of Mrs. Johnson’s SUV. This has caused great damages not just in Mrs. Johnson’s vehicle, but also of the suspect. The accident has caused minor injuries to the victims and the intoxicated woman driver as well. All of them were said to be brought in hospitals where they were treated for their injuries and are currently recovering.

Making the Right Choice
According to Dwayne, his first reaction was to look for the driver of the other vehicle. However, he later realized that it is better to look at the situation positively than dwell on the negatives that such mishap brought. If anything he says, his family is okay and that they have lived for another day. Dwayne instead took to Twitter once more to reiterate the importance of making the right decision, that is to avoid drinking and driving or at least, letting someone drive for you, if you ever get to drink a little too much. This is not just for your own safety but of others on the road as well.

Dwayne’s cousin, WWE’s Lina Fenene also updated a photo on her Instagram account, documenting Dwayne’s visit to her. The members of the family were said to have even been goofing around in the pictures. Instead of dwelling on the negatives of the accident, Fenene also highlighted their luck that they are still very much alive and kicking.

Real Cause of the Accident
As of posting time, further details about the accident are still to be revealed. However, a Los Angeles car accident attorney reiterates that drunk driving can really put your, and other lives in danger. That is why one should make the right decision and avoid drinking and driving.

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August 08, 2014

Great White Shark Attacks Manhattan Swimmer

50-year-old Steven Robles was doing his routine two-mile routine swim at the Manhattan Beach, California. This is something that the real estate broker form Lomita has been doing every weekend with more than a dozen of his friends. He has been enjoying this physical activity for the longest time. This weekend though he got a surprise that he was not expecting at all.

Shark Attack
Last weekend, Robles was doing his routine swim with his friends when a shark suddenly appeared and attacked him. He recalled what happened and couldn’t believe that he survived. Robles claimed that the shark came up from the bottom of the water, looked at him, and attacked him right then and there. The sharked lunged at and locked into his chest. Instinctively he grabbed the shark’s nose and tried to pry the great white shark’s mouth open. He was able to escape, so as the shark.

Rare and Uncommon Attacks
According to the International Shark Attack File’s (ISAF) report released last February 19, 2014, shark attacks are quite a rare occurrence in the United States. In fact, over the past 14 years, the number of people attacked by these predators hovered from 30-50 cases a year. Of the number of attacks recorded, only one to three victims died while tens got injured. In California, only one, non-fatal shark attack was recorded last 2013. However, shark attacks are one of the most dangerous kinds of animal attacks killing thousands of people all over the world annually.

July 24, 2014

Winning Your Claims through the Responsible Use of Social Media

Since the introduction of Facebook, Twitter, and other social networking sites have become popular, more and more people have been hooked and started using these services. People have gotten used to the social media age that they share almost everything on their own pages. While this helps one person open up to the world, sometimes, people tend to share too much of themselves that it gets them into trouble.

Some things, as they say, are better left unsaid, or unshared. In the social media world, doing such can get you the ire of others. You may lose followers or your so-called friends. It can even lead to the closure of your account for reports of abuse. Certainly, you would want to make sure that you share the right information on your social media accounts to avoid such troubles.

Gag Orders
Some people make this mistake of sharing information about the personal injury cases they have filed in their social media accounts. While this may seem harmless as one might actually be telling the truth. However this could also make you lose in the case you have filed. Just in case you don’t know it, the court puts a premium in protecting all of the parties in the cases that they handle, especially minors, trade secrets, and more. While the truth must be known, there are some things that should not really be discussed in public. Things like case details and the pieces of evidence that are used in courts are just some of these. This is the reason why courts issue a gag order to both parties involved in the claims to make sure that the case will be judged only based on one claims’ merits. Many people have been cited in contempt for violating these gag orders from the courts. Some even end up having their personal injury claims dismissed because of this.

July 08, 2014

Big Rig Burns in an Accident along 101 Freeway

One early Monday morning in June, the California Highway Patrol reported a deadly truck accident involving a big rig that suddenly slammed into the center divider before ending up in flames. While no one was injured in the accident, this has caused the closing of some of the lanes of the 101 Freeway in Westlake Village. Moments later after the accident, the westbound lanes of the freeway were reopened. However, the eastbound lane remained closed until the road was all cleared.

Big Rigs, Big Accidents
Trucks are very useful modes of transportation. These huge vehicles make the seemingly impossible task of moving the heaviest things from one place to the other. Given its size and results. According to the US Department of Transportation, there are around 500,000 truck accidents recorded every year. Of these mishaps, thousands of people get injured or end up dead because of these accidents. Usually, these accidents are caused by driver error. However, studies prove that more than 75 percent of those accidents are actually caused by other drivers on the road as well.

Dodging Accidents Caused By Big Rigs
Driving alongside trucks can really get scary. That is why one should find ways on how to avoid such accidents. Here are some tips that you should keep in mind to stay safe from these mishaps:

•    Be alert at all times, especially when approaching a large truck.
•    Be conspicuous at all times. One should prevent staying in blind spots as you can end up
•    Avoid passing a turning truck. A vehicle this long and hard to drive may need more space to do so.

•    Drive safely around these big rigs. Driving recklessly can get you into trouble especially with these big rigs.
•    Be a defensive driver. By exercising safe driving habits, you can lessen the chance of you getting involved in a crash with these huge vehicles.
•    can help apprehend these reckless truck drivers and prevent possible mishaps.

Filing Claims
As a victim, it is your right to file a claim against these irresponsible and reckless truck drivers. Prepare a claim and represent you in the case you are filing, helping you have better chances of winning your claim, getting the justice you deserve and teaching such irresponsible drivers a great lesson.

July 02, 2014

14 Hurt As Bus Mysteriously Crashed Into a Light Pole

Buses are some of the most common modes of public transport in California and the whole of the United States. It also is one of the most accessible and affordable way of getting around. Buses are very efficient as it burns a lot less amount of fuel compared to say a number of vehicles that could carry the same number of people from one place to the other. This explains why buses are still very much in demand even though there are also other means of transportation available for commuters to take. They also say that it is one of the safest there is a low number of recorded bus accidents in California.

However, recently there have been more and more buses that are getting involved in mishaps. Just a couple of days ago in Bell, California, more than a dozen people (fourteen to be exact) have been hospitalized. That is when a Metro bus suddenly veered and crashed into a light pole. The accident happened particularly near Florence and Atlantic avenues, early Sunday morning. This is just one of the few bus accidents that have been recorded in the state. Investigators are still trying to find out why such thing has happened. The passengers of the buses has been brought to nearby hospitals where they were all treated for the minor injuries they got.

Cause of the Mishap
The California Highway Patrol and the police have investigating on the real reason behind this rare kind of bus accident. They are studying the possibility of the failure of the bus or it’s many systems. The authorities are also not discounting the possibility of driver error as this is the leading cause of accidents all over the country. Driver distraction, driving under the influence of alcohol and other illegal substances remain as the most common reason for motor vehicle accidents in the country.

June 20, 2014

Auto Brakes: Your Digital Life Savior

In the recent years, a great number of motor vehicle accidents were recorded. Amongst these crashes, the cases of vehicles rear-ending the vehicle up front. According to the US Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) has been receiving reports on the upswing. This steady increase has got experts thinking about how they could to put a stop to these accidents or at least, minimize the chances of you getting into one.

Auto-braking Cars: Tomorrow’s Safe Cars for Today

Automakers on their part has been coming up with new technologies that help make their cars safer for people to drive and be into. Crash avoidance technologies are just some of the ones that these carmakers have come up to help make the cars we drive today. Today, there are a lot of “auto-braking” cars. These vehicles, as its name implies, automatically brakes, helping its owners avoid life-threatening crashes or at least, minimize the injuries one can get because of the accident.

How Do Auto-braking Cars Work?

Drivers, especially those distracted ones, can get so preoccupied with a lot of things that they forget to focus on the more important task at hand, driving. Because of these, they may not see vehicles, people, or other objects that gets in the way of the vehicle. These cars use a sophisticated system that has a radar installed up front, detecting obstructions or road hazards. Usually operating up to speeds of 40 km/h, these front radars activate the brakes of the car, whenever it senses an object or obstruction up front, it automatically activates the braking system of the car, helping stop the car in time. This avoid nasty accidents from happening.

The IIHS Evaluations

The Insurance Institute for Highway Safety (IIHS) recently conducted tests on cars to know how well these vehicles do are able to prevent injuries to its occupants in the event of a front crash. Since then, car manufacturers have been trying their best to adopt and use the most beneficial systems with automatic braking capabilities across more vehicles in their portfolio of cars. The more effective these, the safer your cars are, keeping you away from accidents.

So the next time that you shop for a new car, find the one with the highest safety grade from the IIHS, the DOT and the NHTSA.  This would ensure your safety, keeping you away from accidents, and lessening the need to hire the services of a motor vehicle accident lawyer in Los Angeles.

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