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THE VALLEY BUSINESS JOURNAL<br />

14 www.TheValleyBusinessJournal.com<br />

August 2017<br />

A Personal Injury Primer<br />

by Morton J. Grabel, Esq.<br />

If someone injured you through their<br />

negligence in driving a vehicle, you may<br />

have rights under the law. You want to<br />

protect those rights so you don’t end up<br />

paying for someone else’s careless driving.<br />

Read the top 10 reasons why hiring<br />

an experienced attorney will help protect<br />

your rights.<br />

1. You have only a limited time to sue:<br />

In California, the statute of limitations<br />

for filing an accident claim is<br />

limited. If you don’t sue within a<br />

specific time, you give up your right<br />

to sue forever.<br />

2. You will need to comply with certain<br />

rules to sue: An experienced attorney<br />

who handles personal injury matters<br />

will be familiar with the laws and<br />

can help you make sure you don’t do<br />

anything that jeopardizes your rights.<br />

3. Your insurance company may have<br />

a different agenda: Generally insurance<br />

companies aim to protect their<br />

insured and to compensate fairly<br />

for damages. However, insurance<br />

companies also aim to keep expenses<br />

down. Since your agenda and your<br />

insurance companies agenda may<br />

not align; hiring an attorney can be<br />

the best way to insure you have an<br />

advocate on your side.<br />

4. You may not fully understand all of<br />

your potential damages: There are<br />

various potential damages available<br />

when injured in a car accident. In<br />

addition to medical bills, you may be<br />

able to recover for lost wages, pain/<br />

suffering, emotional distress and<br />

possibly for your spouse or family<br />

members.<br />

5. Proving liability can be complex:<br />

Even with favorable witnesses and<br />

a police report; proving there was<br />

negligence and a legal duty of care<br />

was breached still may be difficult.<br />

There are many elements that go into<br />

winning a personal injury lawsuit,<br />

you should hire an attorney who<br />

understands the law and can support<br />

your position with proper case law<br />

and citations.<br />

6. The laws differ from state to state:<br />

Auto insurance and auto accident<br />

rules are decided by each individual<br />

jurisdiction. An experienced attorney<br />

in California can explain the nuances<br />

of the laws here, so you will understand<br />

your rights.<br />

7. You need to understand settlement<br />

options: Most cases settle out of court,<br />

which means the defendant or his insurance<br />

company is likely to make you<br />

an offer. Your attorney can help you understand<br />

the implications of accepting<br />

the offer; because once you settle, you<br />

give up your right to sue forever.<br />

8. Filing a lawsuit requires adhering<br />

to complex rules: If you decide to<br />

sue, you will have to file the correct<br />

papers in the right court. This is not<br />

simple; complex rules exist on everything<br />

from the font size of the brief<br />

to how legal precedent is cited and<br />

what evidence is admissible.<br />

9. Proving your case is even more<br />

complex: Just as filing your case is<br />

complex, proving your case is more<br />

difficult. You may be permitted to<br />

“discover” certain information from<br />

the other side through a detailed process<br />

and set of rules, and you may be<br />

limited in the types of witnesses and<br />

evidence you present. There are even<br />

restrictions on the kind of questions<br />

and phrasing of questions you may<br />

ask in court. Furthermore, extensive<br />

legal research is often required to<br />

prove your case.<br />

10. If you don’t hire an attorney, you<br />

could be faced with financial loss: If<br />

you don’t sue in time or if you don’t<br />

sue for the right damages or sue the<br />

wrong defendants or if you lose your<br />

case you will be barred from ever<br />

suing again. This means you will<br />

have eliminated your only chance for<br />

recovery and you may be stuck with<br />

all the costs and bills as a result of the<br />

accident that someone else carelessly<br />

caused.<br />

Please note: the information provided<br />

herein is general and not to be relied<br />

upon for your circumstance or case. For<br />

further information or if you have any<br />

legal questions please call the Law Office<br />

of Morton J. Grabel, in Temecula at (951)<br />

695-7700. Mort originally from Philadelphia,<br />

PA is a graduate from an ABA<br />

Law School, has an MBA, a California<br />

Nursing Home Administrator’s License<br />

& a California Real Estate Broker’s License<br />

[all active and in good standing].<br />

You have only a limited time to<br />

sue: In California, the statute of<br />

limitations for filing an accident<br />

claim is limited. If you don’t sue<br />

within a specific time, you give up<br />

your right to sue forever.

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