JUSTICENTER Personal Injury Lawyers | February 18, 2025 | Personal Injury
No one wants to live in a neighborhood that feels dangerous, where the risks of property damage and personal injury are higher than average. While the area is known for beautiful beaches and celebrity sightings, some areas also feature high crime rates.
Overall crime in Encino, an area in northwestern L.A. County, is estimated at 19% higher than the national average. Property crime is 27% higher, while violent crimes trend 22% below the national average. However, certain neighborhoods within this wealthy, San Fernando Valley locale offer lower crime and greater safety.
Which communities in Encino are a safe bet for families and young professionals seeking good schools or a short commute?
Amestoy Estates
A safe, clean, and peaceful neighborhood dominated by large properties and tree-lined streets, Amestoy Estates may be the most sought-after neighborhood in Encino. The community has just over 5,000 residents, and 71% are homeowners. Amestoy Estates is friendly and walkable, making it ideal for families with kids and pets.
Royal Oaks
With luxury homes dating back to the 1950s, Royal Oaks offers a wide range of properties. Of nearly 4,800 residents, 91% are homeowners. Nestled amid rolling hills, this area is known for beautiful, well-maintained homes and clean, walkable streets.
Properties in Royal Oaks range from small units of under 1,000 square feet up to 15,000-square-foot mansions with values frequently in the multi-millions. It is a safe and friendly neighborhood with easy access to amenities.
Encino Park
Those looking for rental opportunities in a safe Encino neighborhood may gravitate toward Encino Park. It has nearly 7,000 residents, but only about 55% of the properties are occupied by owners.
Like many Encino communities, this one is prized for friendly neighbors and peaceful streets. With high walkability, dog-friendly parks, and easy access to the freeway, it’s a great choice for transplants and commuters, and there are options to buy in and plant roots.
Safety Concerns
Whether you rent or own a home, living in a safe neighborhood provides peace of mind. At the very least, you want to avoid violent crimes like robbery or aggravated assault that could leave you dealing with the long-term effects of physical injuries and psychological trauma.
You also don’t want to worry about property crimes like theft or vandalism that cost you money and put you on edge. Even issues like car accidents are a concern if you live in high-traffic areas, and you might worry about someone hitting your parked car if street parking is the only option in your neighborhood.
Before you sign a lease or mortgage, research the neighborhoods in your preferred city of residence to make sure you’re comfortable with the safety level of your new area. The security of your property and your personal safety are important, and even relatively upscale areas like Encino have some disparity between safe and not-so-safe neighborhoods.
Seeking Justice After Personal Injury
Even when you choose a safe community to call home, accidents and crimes can happen. You may suffer a rear-end collision or a dog bite attack. Or you could be the victim of a violent robbery. When such incidents occur, a qualified and experienced attorney can help you fight for the compensation you deserve.
Whether you suffer injuries due to negligence or malice, you can seek justice, make yourself whole, and regain a sense of safety in the process. In some cases, criminal charges might be filed, but you also have options to pursue tort action through a civil lawsuit. The right lawyer can offer the guidance and legal services you need.
JUSTICENTER Personal Injury Lawyers | February 13, 2025 | Personal Injury
Getting a personal injury settlement can feel like a huge relief after an accident. But many people wonder, “How much of this settlement will I actually get?” Understanding how settlements are broken down can help you know where your money is going and what to expect.
In this blog, we’ll explain how personal injury settlements are paid out, what percentages lawyers take, and what factors can affect the final amount that goes into your pocket.
How Are Personal Injury Settlements Paid Out?
Once you reach a settlement, the money doesn’t go straight to your bank account. The payment is typically processed in steps:
Settlement Agreement: Both sides agree on an amount, and the terms are put in writing.
Insurance Payment: The at-fault party’s insurance company sends the settlement check to your lawyer.
Deductions: Your lawyer will use the settlement to cover legal fees, case expenses, and any outstanding bills before sending the rest to you.
Most settlements are paid as a single lump sum, but some may be structured into payments over time. This depends on the agreement you make with the other party.
What Percentage Does a Lawyer Take From a Settlement?
Personal injury lawyers usually work on a contingency fee basis, which means they only get paid if you win your case. The lawyer’s fee is typically a percentage of the settlement amount. Here’s a general breakdown:
Standard Fee: Most lawyers charge 33% (one-third) of the settlement if the case is resolved before going to court.
Higher Fee for Trials: If the case goes to trial, the fee may increase to 40% or more, since trials involve more time and work.
For example, if your settlement is $90,000 and the lawyer takes 33%, their fee would be $30,000. You’d have $60,000 left before other expenses are deducted.
Other Costs That May Be Deducted
In addition to your lawyer’s fee, there are other costs that might come out of your settlement, including:
Medical Bills: If you received medical treatment and didn’t pay upfront, your settlement might be used to cover those costs. For example, hospitals or doctors might have liens on your settlement.
Case Expenses: These include the costs your lawyer covered to build your case, such as filing fees, expert witness costs, and investigation fees.
Unpaid Debts or Liens: If you owe money related to the accident, such as to health insurers or Medicare, these amounts may need to be paid from your settlement.
These deductions are important to understand because they affect the final amount you take home.
How Much Goes in Your Pocket?
After all the deductions, the remaining amount is yours to keep. Here’s an example breakdown of a $90,000 settlement:
Lawyer’s Fee (33%): $30,000
Medical Bills: $15,000
Case Expenses: $5,000
Total Deducted: $50,000
Your Share: $40,000
Every case is different, so the amount you receive will depend on your specific circumstances.
How Much Should You Ask for in a Personal Injury Settlement?
The amount you should ask for depends on the damages you suffered. You should consider:
Future Costs: expenses for ongoing medical treatment or reduced earning ability
Working with an experienced personal injury lawyer can help you calculate a fair settlement amount that covers all your damages.
Why a Lawyer’s Fee is Worth It
While it might seem like lawyers take a big chunk of your settlement, having a lawyer can often increase the total amount you receive. They negotiate with insurance companies, gather evidence, and handle the legal process, which can result in a larger settlement than you’d get on your own.
A personal injury settlement covers much more than just your pain and suffering—it helps pay for medical bills, lost wages, and legal fees. Understanding how settlements are paid out and what deductions to expect can help you feel more prepared.
If you’ve been injured and want to understand your legal options, consult with a personal injury lawyer. They’ll guide you through the process and help you get the compensation you deserve.
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California’s beauty is undeniable, but its vulnerability to wildfires is a harsh reality. If you’re a homeowner in the Golden State, the aftermath of a wildfire can be devastating, both personally and financially. Navigating insurance claims amidst the chaos adds another layer of complexity. This guide is designed to help you understand the process and advocate for yourself during this difficult time.
Immediate Steps After the Fire
It is helpful to consider the following in the immediate aftermath of a wildfire:
Safety First: Do not return home until authorities deem it safe.
Contact Your Insurer: Report the fire damage as soon as possible.
Document Everything: If safe to do so, take photos and videos of the damage to your property and belongings. Keep records of all communication with your insurance company.
Temporary Housing and Expenses: Inquire about “Additional Living Expenses” (ALE) coverage, which can help with temporary housing, food, and other essential living costs. Keep all receipts.
Beware of Scams: Be wary of contractors or public adjusters who show up unsolicited. Verify their credentials and get everything in writing.
Taking these steps can help you be better prepared to navigate a wildfire insurance claim in California.
Understanding Your Policy
Dwelling coveragecovers the physical structure of your home. Know your coverage limits and understand what “replacement cost” versus “actual cash value” means.
Personal property coverage covers your belongings. Create a detailed inventory of damaged items, including their estimated value and any supporting documentation like receipts or photos.
Understand what is covered under ALE and for how long. This may include temporary housing, meals, laundry, and pet boarding.
Working With Your Insurance Adjuster
Be prepared to answer questions, provide documentation, and cooperate with the adjuster’s investigation. If you disagree with the adjuster’s assessment, don’t be afraid to negotiate. You can hire a personal injury attorney to represent your interests.
It is crucial to get everything in writing. Ensure all agreements, settlements, and communications are documented in writing.
Prepare for an Appeal
You should document your disagreement. Clearly state why you disagree with the insurer’s decision, providing supporting evidence.
Consider legal action. If necessary, consult with an attorney who is experienced in insurance claims.
Rebuilding and Recovery
Choose reputable contractors and get multiple bids. Be aware of local building codes and permit requirements.
Recovering from a wildfire is emotionally taxing. Seek support from friends, family, and mental health professionals.
Tips for California Homeowners
If you own a home in California, remember the following tips:
Review Your Policy Annually: Ensure your coverage adequately reflects your current needs and property value, especially with rising construction costs.
Review Extended Replacement Cost Coverage: This provides additional coverage beyond your policy limits in case of a significant increase in rebuilding costs after a disaster. California Department of InsuranceandUnited Policyholders can be valuable resources.
Keep an Up-to-Date Home Inventory: This will make it easier to document your belongings in case of a loss. Use photos, videos, or a home inventory app.
Understand the California FAIR Plan: If you’re having trouble finding insurance in a high-risk area, the California FAIR Plan offers basic fire insurance coverage.
Reviewing policies in advance and having a home inventory can help make the insurance claims process easier.
A Personal Injury Lawyer Can Help With a Wildlife Insurance Claim in California
This is an undoubtedly challenging time for many Californians. However, you are not alone. An experienced personal injury lawyer can help you throughout the wildfire insurance claims process in California.
Recovering from a wildfire is a marathon, not a sprint. Be patient and persistent, and don’t be afraid to ask for help. By understanding your rights and taking proactive steps, you can navigate the insurance claims process and begin to rebuild your life.
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The hills of Los Angeles, often associated with glamour and the Hollywood dream, are now scarred by the devastating wildfires that erupted on January 7, 2025.These relentless flames have indiscriminately torn through iconic neighborhoods like Malibu and Pacific Palisades, leaving a trail of destruction that has impacted everyone from everyday families to the celebrities who call these exclusive enclaves home.
While the human cost of these fires is immeasurable, the loss of property is staggering, with many forced to flee their homes and some watching helplessly as their residences are reduced to ashes.Taking a closer look at some of the high-profile individuals who have lost their homes in this tragedy may be helpful as it highlights the shared experience of loss and resilience in the face of disaster.
Among the celebrities who lost their homes are:
Adam Brody and Leighton Meester
The “O.C.” and “Gossip Girl” stars saw their Pacific Palisades residence reduced to ashes. The couple, known for their privacy, has not yet publicly commented on the loss.
Paris Hilton
The heiress and reality TV star lost her Malibu mansion, reportedly worth $15 million. Hilton expressed her devastation on social media, sharing photos of the charred remains of her home.
Cameron Mathison
The “All My Children” actor and his family escaped their burning home just in time. Mathison posted a video on Instagram showing the flames engulfing his property.
Billy Crystal
The legendary comedian and actor lost his Pacific Palisades home, which he had owned for over 30 years. Crystal shared his grief on Twitter, writing, “My heart aches for all those affected by the fires.”
Spencer Pratt and Heidi Montag
The reality TV couple lost their Malibu home, which they had recently renovated. Pratt and Montag shared their experience on their podcast, expressing gratitude for their safety but also sadness over the loss of their home.
Celebrities Raising Awareness About the LA Fires
The above individuals are just a few of the celebrities who have been impacted by the fires. Many others, including Julia Louis-Dreyfus, Joshua Jackson, Anna Faris, and Ricki Lake, have also lost their homes or been forced to evacuate.
The fires have not only caused immense material damage but also taken an emotional toll on those affected. Many celebrities have spoken about the trauma of losing their homes and the sense of displacement they feel.
In the wake of the fires, several celebrities have used their platform to raise awareness and support for those affected. Some have donated to relief efforts, while others have volunteered their time to help with the recovery process.
The Recovery Process
The Los Angeles fires are a stark reminder of the power of nature and the fragility of human life. They also highlight the importance of community and the resilience of the human spirit. As the city begins to rebuild, the celebrities who lost their homes are joining their fellow Angelenos in the long and difficult process of recovery.
The fires serve as a reminder that even those who seem to have it all can be impacted by tragedy. In the face of loss, the celebrities who lost their homes are showing strength, resilience, and a commitment to helping their community recover.
A Personal Injury Lawyer Can Help if You’ve Been Impacted by the LA Fires
As you are dealing with the aftermath of the LA fires, you may be facing devastating property damage and catastrophic injuries. These tragedies may lead to overwhelming medical bills, property repair estimates, time missed from work, out-of-pocket expenses, and more. If your damages were caused by a negligent or intentional wrongdoer, a skilled personal injury attorney can help you navigate the claims process and pursue all available compensation.
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When you’re facing a legal issue, one of the first steps you should take is to schedule a consultation with an attorney. Some law firms and legal organizations offer free consultations, allowing you to gain valuable insights into your case without upfront costs. But how do you make the most of this opportunity?
Here’s how to approach a free consultation with a Sherman Oaks personal injury attorney effectively, ensuring you get the most benefit out of the meeting and find the right representation.
Prepare Before the Consultation
The first step in approaching a free consultation with an attorney is to thoroughly prepare. The more organized and detailed your presentation of the case, the better advice you’ll receive.
Here’s what to bring:
All Relevant Documents
Gather any documents related to your case—contracts, emails, medical records, police reports, or any correspondence with other parties involved. For example, if you’re seeking legal advice on a business dispute, bring contracts, emails, or letters that demonstrate your case. If it’s a personal injury case, bring medical records and insurance documents.
Timeline of Events
Create a timeline of important events in your case. Be as detailed as possible and include dates, locations, and individuals involved. This helps the attorney understand the full scope of the situation and provides context for your case.
Questions and Concerns
Write down a list of questions you have regarding the legal process, your case, or the attorney’s qualifications. For instance, if you’re unsure about how long a personal injury lawsuit may take or whether there are any specific legal deadlines (statutes of limitations), ask about them.
Be Honest and Transparent
Attorneys are bound by attorney-client privilege, meaning they cannot disclose what you discuss during the consultation without your consent. This allows you to be completely transparent about your situation. The more information you provide, the better the attorney can assess your case.
If there are any aspects of your case that you’re unsure about or feel uncomfortable discussing, be upfront. For example, if there’s something about your business dealings or a personal injury that might complicate your case, disclose this information. Honesty is key for effective legal advice.
Understand the Scope of the Consultation
It’s important to understand the purpose of the consultation before you meet with the attorney. A free consultation may last anywhere from a few minutes to an hour, depending on the complexity of your case. The primary goal is for the attorney to evaluate whether they can assist you and for you to determine if they’re the right fit.
However, keep in mind that a free consultation is typically not an in-depth legal analysis. The attorney may not provide detailed legal advice, but they should be able to give you a general overview of your case’s strengths and weaknesses. If you’re seeking a more detailed strategy or plan, this may require additional paid sessions.
Ask About Fees and Payment Structures
Although the consultation is free, it’s crucial to understand the attorney’s fees for any services beyond the initial meeting. Attorneys may work on a contingency fee basis (particularly in personal injury cases), hourly rate, or flat fee, depending on the nature of the case.
Assess the Attorney’s Experience and Approach
Here are a few questions you can ask to gauge the attorney’s qualifications:
Experience: “How long have you been practicing law in this area?” Ensure the attorney has specific experience in the legal field related to your case. For example, if you’re seeking legal help for a real estate issue, you want an attorney with real estate law experience.
Case Success: “What’s your track record with cases similar to mine?” Attorneys should be able to give you an idea of their success rate in cases like yours. While past performance isn’t always a guarantee of future results, it can provide insight into their competence.
Communication: “How do you keep clients informed during the legal process?” It’s essential to feel comfortable with how an attorney communicates with clients. Do they respond promptly to emails and calls? Are they willing to take the time to explain legal concepts in a way you understand?
One of the primary goals of the free consultation is to assess whether the attorney has the experience and expertise needed to handle your case effectively.
Schedule a Free Consultation With an Attorney Today
By being well-prepared, honest, and asking the right questions, you can ensure that your consultation is productive and informative.
Ultimately, if you feel confident in the attorney’s ability to handle your case, it’s time to proceed. If not, you can continue your search for another attorney who better fits your needs.
Remember, legal cases can be complex, so taking the time to consult with an experienced attorney can make a significant difference in the outcome of your case.
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The title esquire sometimes appears after a lawyer’s name, usually abbreviated as “Esq.” But what does esquire mean? The Esq. meaning is a bit convoluted.
In the U.S., the esquire title is generally reserved for lawyers. It’s considered an honorary title and isn’t bestowed or protected by law. It’s safe to presume someone is a lawyer if the title appears after their name. However, esquire is not an abbreviation for a lawyer, and it’s not a title that is earned.
Here, we’ll define esquire in greater detail and explore the history of its usage and legal significance.
What Is An Esquire?
The esquire meaning has changed dramatically over time. Historically, an esquire was an honorific title used for English gentry, the social class below the nobility who were generally wealthy landowners and did not need to work for a living. An esquire ranked above a gentleman but lower than a knight.
The term has its roots in the Latin word scutarius, or “shield-bearer.” It made a distinction between freemen, or shield-bearers, and slaves, or shield-makers. The modern-day word comes from the French écuyer (escuier in Old French) which referred to a young knight in training. By the end of the Middle Ages, the high cost of the accolade ceremony for knighthood caused many noblemen to simply remain écuyers for life.
In England, the term became synonymous with gentlemen or noblemen. The principal landowner in a parish became known as “the squire.” There are still respected protocols for the proper use of the term esquire in the U.K. for formal and official purposes. However, it’s mostly used as an informal compliment or title of courtesy.
The Cornell Law School’s Legal Information Institute provides an esquire definition in the legal context. In the U.S., it’s used similarly as an honorific title, but it’s almost exclusively used for lawyers. “Esquire” (or “Esq.) is added to the end of an attorney’s name following a comma, such as “John Doe, Esq.” It’s used when addressing or referring to a lawyer in written form, but it’s considered bad etiquette to append the title to your own name.
Any Sherman Oaks Personal Injury lawyer licensed to practice law may use the esquire title. This includes probate lawyers, personal injury lawyers, and family law attorneys, and lawyers in other practice areas.
J.D. Versus Esq. Meaning
Esq. isn’t the only abbreviation you may see after a lawyer’s name. Another common abbreviation is “J.D.” which stands for Juris Doctor. Much like “M.D.” and “Ph.D.,” the J.D. academic suffix means the person has earned a law degree.
Less commonly, you may see an “LLM” abbreviation for Legum Magister or Master of Laws. This is an advanced law degree. The J.D. suffix only means that someone has completed law school and is entitled to take a state bar exam. It does not mean they have been admitted to the bar and are licensed to practice law.
The Esq. suffix does not technically mean someone is licensed to practice law. However, it’s widely recognized as a title used only for lawyers. In many states, the use of Esq. or esquire by a non-attorney may be considered the unlicensed practice of law.
Can Anyone Use The Title “Esquire”?
Only licensed lawyers should use the title. If a non-attorney uses esquire or the Esq. abbreviation, it can be considered misleading. In some states, the use of the title may even be viewed as the unlicensed practice of law.
For example, a California appellate court case considered a defendant’s use of “Esq.” after his name on letterhead as evidence of implying he was a lawyer. Florida Court cases have held that using the esquire title or abbreviation constitutes the unlicensed practice of law under Florida Statute 454.23. The State Bar of Arizona warns that the use of designations like esquire or lawyer are considered the unauthorized practice of law for people who aren’t members of the Bar.
Simply using the esquire title as a non-lawyer may or may not be enough to face legal consequences. Courts will consider whether a defendant represented themselves as licensed to practice law in other ways. For instance, marketing themselves as an attorney, negotiating on someone else’s behalf to reach a settlement offer, or offering legal advice.
The Significance and Proper Use of the Title “Esquire”
The title “Esquire,” or “Esq.,” has evolved significantly from its origins in the English gentry to its modern use as an honorary designation for lawyers in the U.S. While it does not legally signify licensure to practice law, it is widely recognized as an indicator that someone is an attorney. Misusing the title as a non-lawyer can lead to legal repercussions in some states, where it may be interpreted as the unauthorized practice of law.
Ultimately, “Esquire” serves as a mark of professionalism and tradition within the legal field, signifying an attorney’s role in offering legal services and upholding client advocacy. If you have any questions, contact JUSTICENTER Personal Injury Lawyers to schedule a free consultation.
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When you pull into a parking space, you likely don’t give much thought to the concrete parking stopper at the end of the spot. These seemingly insignificant infrastructures are designed to keep your car from overstepping its bounds. However, beneath their benign exterior lies a wealth of potential hazards. At JUSTICENTER Personal Injury Lawyers, we’ve seen firsthand the legal issues arising from improperly maintained or poorly placed parking stoppers. In this blog, we’ll explore the dangers these objects can pose and your legal options if you’re injured by one.
Understanding Concrete Parking Stoppers
Concrete parking stoppers, also known as wheel stops, prevent vehicles from rolling too far forward in parking lots. They’re commonly used in parking garages, shopping centers, and apartment complexes. While they seem straightforward, these devices can become precarious obstacles for pedestrians and drivers alike.
Potential Hazards
Potential hazards caused by concrete parking stoppers include:
Tripping and Falling:
One of the most common accidents involving concrete parking stoppers is tripping. Suppose a stopper needs to be adequately marked or be uneven. In that case, it can easily catch the foot of a walking pedestrian, leading to falls and potential injuries. As per the Centers for Disease Control and Prevention, falls are the leading cause of injury in older adults, underscoring how severe accidents can be.
Vehicle Damage:
Concrete stoppers can also pose a risk to vehicles. Suppose a stopper needs to be lowered or better placed. In that case, it can scrape the underside of a car, potentially causing damage to the vehicle’s bumper or undercarriage. This can lead to costly repairs and insurance claims.
Visibility Issues:
Poorly maintained or faded parking stoppers can be hard to see, especially at night or in poorly lit areas. This lack of visibility increases the risk of accidental contact, whether it results in falls or vehicle damage.
Legal Implications
When accidents happen due to concrete parking stoppers, questions often arise about liability. Here’s what you need to know:
Premises Liability:
Property owners are legally responsible for maintaining safe conditions on their premises. Suppose a parking stopper is improperly maintained, poorly marked, or placed in a dangerous location. In that case, the property owner may be liable for any injuries.
Negligence:
A personal injury claim may be based on negligence if it can be demonstrated that the property owner failed to act reasonably to prevent foreseeable harm. This includes failing to repair broken or uneven stoppers or not installing adequate lighting and signage to alert patrons to potential hazards.
Comparative Fault:
California follows a pure comparative negligence standard, which means that if it is found that the injured party was partially at fault for the accident, any compensation awarded could be reduced.
Preventive Measures
Here are a few tips to consider:
Stay alert: As a pedestrian, always watch where you step, particularly in unfamiliar areas or poorly lit parking lots.
Inspect the area: Drivers should take a moment to assess parking spots for odd positioning of stoppers or faded paint that might indicate a potential hazard.
Report hazards: If you spot a damaged or poorly visible stopper, report it to the property owner or manager. This can prevent future accidents and support your case should a legal issue arise.
Awareness is critical to preventing accidents involving parking stoppers for both pedestrians and drivers.
What to Do If You’re Injured
If a concrete parking stopper injures you, ensure your immediate safety and seek medical attention. Document the scene by taking photos of the stopper and surrounding area. If possible, gather contact information from any witnesses. Contact a personal injury lawyer to discuss your rights and potential claims; they can help navigate the complexities of premises liability and negligence laws.
At JUSTICENTER Personal Injury Lawyers, our team of experienced attorneys is here to protect your rights and help you receive the compensation you deserve. If a concrete parking stopper has injured you or someone you know, don’t hesitate to contact us for a consultation. We’re committed to holding negligent property owners accountable and safeguarding the well-being of our community.
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State Farm is a major insurance company with a large bureaucracy. Because of this, the wheels of “justice” sometimes turn slowly. Although it is impossible to provide a precise timeline without knowing more about your personal injury claim, an understanding of the process can help you formulate your own ballpark estimate.
Notification and Claim Filing
Immediately after the incident, you or your representative should notify State Farm of the accident and your intent to file an insurance claim. You should then submit a formal written claim that includes relevant details of the accident and your injuries.
The Investigation Phase
State Farm will investigate your claim by collecting police reports, medical records, and other relevant documentation. It will then assess fault, liability, and the extent of your injuries and other damages (property damage, for example).
Review and Evaluation of Your Claim
Next, State Farm will review the documentation to evaluate your claim’s total value. Components of your claim might include medical expenses, lost wages, and pain and suffering. State Farm might ask for an independent medical examination conducted by one of its doctors.
Settlement Offer and Negotiations
State Farm will then make an initial settlement offer. Its initial offer is likely to be ridiculously low—far less than the true value of your claim.
Your main options are as follows:
Make a counteroffer: Your counteroffer might constitute the first of many offers and counteroffers.
Sue: If negotiations stall, you might decide to file a lawsuit, even if you still hope for a settlement.
Talk to a lawyer before you accept any settlement offer.
Resolution of the Claim
When you both agree on a settlement amount, your lawyers need to draft a formal settlement agreement. Once both parties sign, State Farm will start the payment process. From there, it shouldn’t take more than a few weeks to get your money.
Factors Influencing the Settlement Timeline
The following factors can expedite or delay the resolution of your case:
Case complexity: The more complex the case, the longer it will take to resolve.
How long it takes to reach maximum medical improvement (MMI): MMI is the point where your medical treatment is complete. You need to get to this point before you will know the full amount of your economic and non-economic damages.
Negotiations and/or a lawsuit: The longer negotiations drag on, the greater the likelihood that you will eventually need to file a lawsuit. A lawsuit will delay the final resolution of your claim.
State Farm delay tactics or insurance bad faith can delay the resolution of your claim, although there are ways to fight back.
If you file a lawsuit, litigation and the pretrial discovery evidence-gathering process can also delay the resolution of your claim.
The General Timeline of a Personal Injury Claim
The most important fact to remember about the time it will take to resolve your personal injury claim is that there is no certainty. Simple cases might settle within a few months or even a few weeks, while more complex cases could take a year or more, especially if you go all the way to trial.
Certain types of personal injury claims, such as medical malpractice and product liability claims, tend to take longer than others because of their complexity.
Monitor the California Statute of Limitations
The California statute of limitations generally gives you until two years after the date of the accident to file a lawsuit, finalize a settlement, or permanently abandon your claim. There are certain exceptions – talk to your lawyer for more information.
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The brain is a complex organ responsible for everything from coordinating movement to involuntary processes such as breathing. Brain injuries can result in life-altering injuries that affect a person’s ability to earn a living, take care of themselves, and interact with others.
It is important for all brain injury victims and their caregivers to understand the injury and its potential impact.
There are many different types of brain injuries, but some of the most common are:
Concussion
A concussion is the most common type of brain injury. These injuries are commonly caused by blunt force trauma to the head when the victim strikes their head on an object, such as a dashboard or steering wheel. The damage can occur under the point of impact, on the opposite side of the head, or on both sides of the head, depending on the circumstances.
Penetrating Brain Injury
A penetrating brain injury occurs when an object penetrates the skull and enters the brain. For example, penetrating brain injuries can occur from gunshots or stab wounds. Penetrating injuries cause brain bleeding and brain cell death. Victims can also suffer from oxygen deprivation, which can cause them to lose brain function or die.
Anoxic Brain Injury
An anoxic brain injury occurs when the brain is deprived of oxygen. These injuries can occur during drownings. Blood vessel damage may prevent oxygen from reaching the brain, leading to brain damage or death.
Diffuse Axonal Injury
A diffuse axonal injury occurs when the brain shifts in the skull. For example, a person who is rear-ended may experience a violent jolting back and forth in which the brain collides with the inside of the skull. The brain’s long connecting fibers are torn from it, which can lead to severe brain damage.
Common Causes of Brain Injuries
Brain injuries are often caused by some external force to the brain.
Some of the most common causes of traumatic brain injuries include:
Motor vehicle accidents – Car accidents are a leading cause of traumatic brain injuries.
Shootings – Shootings are the most common cause of traumatic brain injury-related deaths.
Assaults – Intentional assaults also cause many traumatic brain injuries each year.
Sports – Contact sports like football and hockey can also result in traumatic brain injuries.
When someone else’s negligence is responsible for traumatic brain injuries, you may be able to recover financial compensation from them to pay for your damages.
3 Levels of Severity
Healthcare providers use the Glasgow Coma Scale, memory loss, and consciousness level to assign a level of severity to brain injury victims. There are three levels of brain injury severity: mild, moderate, and severe.
The Glasgow Coma Scale looks at different metrics to apply a score to a particular brain injury patient. These factors consider the patient’s ability to speak, open their eyes, and move. The healthcare provider assigns a score based on these abilities or inabilities from 0 to 15. Higher ratings are associated with mild traumatic brain injuries and lower scores with severe traumatic brain injuries.
Using this model, a healthcare provider may assign the following level of severity to a patient based on their symptoms:
Mild – No loss of consciousness or loss of consciousness of less than 30 minutes, memory loss of less than 24 hours, Glasgow Coma Scale score of 13 to 15
Moderate – Loss of consciousness for more than 30 minutes, up to 24 hours, memory loss of 24 hours to seven days, Glasgow Coma Scale score of 9 to 12
Severe – Loss of consciousness of more than 23 hours, memory loss of more than seven days, Glasgow Coma Scale of 3 to 8 for more than seven days
Each level of traumatic brain injury may also display different symptoms as follows:
Mild
Despite the name, mild traumatic brain injuries can be serious and involve symptoms such as:
Temporary loss of consciousness
Headaches
Dizziness
Difficulty maintaining balance
Vomiting or nausea
Fatigue
Difficulty thinking clearly or remembering
Difficulty paying attention
Confusion
Problems getting to sleep or sleeping too much
Sensitivity to light or sound
Vision problems
Tinnitus
Bad taste in the mouth
Feeling more emotional than normal
Feeling anxious or irritable
Young children may have difficulty explaining their symptoms. Parents should watch out for changes in their child’s behavior, such as changes in their eating or sleeping patterns. They may not play with their favorite toys or enjoy their favorite activities. They may also cry more than usual.
Moderate
Moderate traumatic brain injury victims may suffer from the same symptoms as those with mild traumatic brain injuries. However, the symptoms may be more pronounced. For example, loss of consciousness may be longer. Headaches may be persistent or worsening. Vomiting may be continuous.
Additional symptoms that victims may suffer include:
Seizures or convulsions
Inability to wake from sleep
Numbness or weakness in the limbs
Dilated pupils
Slurred speech
It is important to seek prompt medical attention if these symptoms are present.
Severe
Victims who suffer from a severe traumatic brain injury may have any of the symptoms of those with a mild or moderate traumatic brain injury. They could also be in a coma or be unable to wake up.
It is vital to get medical attention immediately following a brain injury to try to minimize the harm of the injury as much as possible.
Can a Brain Injury Attorney Help You Recover Damages?
You may be entitled to compensation if you are hurt because of someone else’s negligence, intentional misconduct, or wrongful act. Brain injuries can be expensive to treat and can have far-reaching effects.
A personal injury attorney may be able to help you pursue the following damages after a brain injury:
Emergency medical treatment and transportation
Surgical costs
Hospital stays
Diagnostic testing
Anticipated future medical expenses
Rehabilitation
Physical, occupational, and speech therapy costs
Lost wages and employment benefits
Reduced earning capacity
Disability
Psychological counseling
Pain and suffering
Emotional distress
Mental anguish
Loss of enjoyment of life
Contact the Encino Brain Injury Lawyers of JUSTICENTER Personal Injury Lawyers for Help Today
