VBJ-August2017-ONLINE
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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.