How Can a Permanent Injury Be Compensated?

Going through a permanent injury is devastating. Covering the costs associated with this injury can be expensive, especially if the injury was caused by someone else’s negligence. You need to know your options when you’re dealing with this injury and how to get the compensation you’re due. 

Lawyers that focus on personal injury cases can help you seek out the compensation you may be entitled to. You don’t have to live with a permanent injury without help. Here’s what you need to know about your permanent injury and the compensation you’re due. 

What You May Be Entitled to

When you’re injured, you need compensation that covers your needs during and after your recovery. If you’ve suffered an injury because of someone else’s negligence, you may be entitled to compensation that includes, but is not limited to:

• Medical bill payments
• Emotional distress caused by the accident
• Repair or replacement for damaged property
• Costs of permanent disfigurement or disability 
• Household services, such as cleaning or babysitting services
• Lost wages for time not spent at work, including time spent on medical appointments

These are just a few possibilities for the damages you may have suffered. Talk to your lawyer about the damages you’re due to make the maximum recovery possible for your injuries. 

Proving a Permanent Injury 

You will have to prove a permanent injury in order for compensation to be considered. In order to do this, you want to go through a few steps and understand the process. If you’re concerned about taking these steps the right way and getting the information you need, reach out to your lawyer. They can take the pressure off you as you seek answers. 

Maximum Medical Improvement 

After recovery, the doctor you see will decide whether you’ve reached what is known as the maximum medical improvement. This means that the condition you have has stabilized and you don’t need regular additional treatment. 

When this is reached, if you’re not permanently healed, you are considered to have a permanent injury that requires compensation. Medical experts who have seen and treated you can testify about what they’ve found. 

Keep Documentation 

You may need to keep any records that you receive from the medical professional. You will want to have the doctor record the permanence of the disability or injury you’ve sustained. You also want to include these documents in your claim. 

These documents can be vital when seeking compensation for your injury. These documents are evidence for your claim, and without them, it can be difficult to prove you were injured. 

Have an Independent Medical Exam 

When you’re injured, you may need as much solid proof of your injuries as possible. That may mean repeating medical exams with different doctors to ensure you’re seeing the correct results. 

Insurance companies may request that you undergo an independent medical exam to show the extent of your injuries. Before you go through with this, speak with a personal injury lawyer about what you can expect and the rights you have. 

Contact a Personal Injury Lawyer 

Dealing with a permanent injury can be difficult, but you don’t have to face this situation alone. If you’ve been injured due to the negligence of someone else, you may have grounds for a lawsuit. 

Our lawyers at The Kindley Firm, APC can offer guidance for your case, taking the pressure off you when you’re seeking compensation. For a free consultation, give us a call here at our offices by calling 619-550-1313, or fill out the following online contact form. 

People injured in a slip-and-fall accident are usually left asking themselves who to sue. This is a question that can be difficult to answer, as there are many factors to consider. Considering the different things you need to take into account when deciding who to file a lawsuit against, you will also need some tips on how to choose the right lawyer for your case.

If you have been injured in a slip and fall accident, you may be wondering who to sue. The process of filing a personal injury lawsuit can be confusing, but with the help of an experienced attorney, you can make it through this difficult time. 

At The Kindley Firm, APC, our personal injury lawyers have years of experience handling slip and fall cases. We understand the laws surrounding these types of accidents, and we know how to build a strong case on your behalf.

Factors to Consider Before Filing a Lawsuit Following a Slip-and-Fall

There are many factors to consider when deciding whether to file a lawsuit. The first thing you need to do is determine if you have a valid claim. To do this, you will need to prove that the property owner was negligent in some way. 

This means that they did not take the proper precautions to ensure your safety. For example, if there was a spill on the floor and the owner failed to clean it up, they may be held liable for your injuries.

You will also need to prove that your injuries were caused by the property owner’s negligence. This means that you will need to have medical records detailing your injuries. You will also need to show how these injuries have impacted your life. For example, if you are unable to work because of your injuries, you may be able to recover lost wages.

Note that all personal injury claims are subject to the prescribed statute of limitations.

Who Shall I Sue After a Slip-and-Fall?

The next question you need to answer is who to sue. In most cases, you will sue the property owner. However, there are some instances where another party may be held liable. For example, if the property owner leased the space to another business, both parties may be held liable for your injuries.

You will also need to consider the amount of money you are seeking in your lawsuit. This is important because it will help you determine if filing a lawsuit is worth your time and effort. If you are only seeking a small amount of money, it may not be worth your time to file a lawsuit. However, if you are seeking a large amount of money, it may be worth your time to consult with an attorney.

Get Legal Help

An experienced personal injury attorney can help you determine if you have a valid claim and who to sue. They can also help you gather the evidence you need to build a strong case. If you have been injured in a slip-and-fall accident, contact The Kindley Firm, APC today at 619-550-1313 to schedule a free consultation. Our experienced personal injury lawyers will review your case and help you determine the best course of action.

According to the US Department of Transportation, more than 33,000 motor vehicle fatalities were recorded in 2019. Additionally, thousands of people found themselves handicapped and seriously injured due to negligence. If a negligent driver caused the death of a loved one, It is within your rights to file a wrongful death claim.

A wrongful death claim is a type of lawsuit that a bereaved family member files to seek compensation for the wrongful death of their loved one. If the accident resulted in serious injuries resulting in the loss of income or paralysis, you could file a personal injury lawsuit. An injury lawsuit is a legal claim that a negligent party caused harm or injury to another person.

Whether it is a wrongful death claim or a personal injury lawsuit, the plaintiff will be required to prove that the other party was at fault. If you do not prove this, you will not win your lawsuit. For this reason, we advise that you always work with a car accident lawyer. A car accident lawyer can help you prove liability because we have years of experience handling such cases.

Ways Lawyers Investigate Liability in Car Accident Cases

Obtain a Police Accident Report

One strategy we use to investigate liability is through obtaining a police accident report. This is a report created by the police officer who was the first to respond to the scene of a crash. The report has crashed-related details such as the approximate date and time of the accident and information on the involved parties.

The accident report also has information about witnesses, general weather conditions, information on violated laws, and most importantly, an opinion on who caused the accident.

Contacting Witnesses

Another strategy that we use to investigate liability in car accident cases is to interview witnesses so that we know what they know about the accident. In most cases, we arrange a meeting with witnesses so that we can detect if they are telling the truth. If the witness statement corroborates your story, it becomes easier to prove liability.’

Use of Surveillance Footage

Our work as lawyers becomes easy if the car accident happens in an area with surveillance footage. Unlike witness statements that insurance companies can dispute, video evidence is much harder to ignore and challenge in court. When you give us a call, we first check whether the crash scene had traffic cameras, which we will use to prove liability.

Apart from traffic cameras, we will also rely on car dash cameras to investigate the crash. Dashboard cameras are more valuable than regular cameras because they can show the speed and exact moment an accident occurred.

Work with Us to Prove Liability

In some cases, we can also get a court order to retrieve phone records of the other driver, which will allow us to determine whether they were using their phone while driving. It is also important to note that we work with several accident reconstruction experts who can scientifically determine the cause of the accident.

To get in touch with a reliable car accident attorney, contact The Kindley Firm, APC, by dialing 619-550-1313 or by completing the contact form on this website.

Construction zones, also known as designated work zones on highways, create many road risks. These zones exist so that roads and the relevant infrastructure can be repaired and maintained. Unfortunately, many car accidents occur in these zones when precautions are not taken. 

A car accident lawyer can help you if you have suffered a crash in a construction zone. The first thing to consider after a construction zone crash is determining liability. To better understand this, it is important to first look at the common causes of such accidents.

Common Causes of Construction Zone Accidents

When determining who’s responsible for your injuries, you may need to first identify the cause of your accident. Once you know why the accident happened, you can identify the party who caused those conditions. 

Crashes in work zones are commonly caused by these factors:

• Speeding – When a driver fails to sufficiently slow down given the work area ahead, it can lead to an accident. State law prohibits drivers from traveling at an unsafe speed through a work zone.
• Careless Driving – If someone is texting or taking a phone call, for example, while driving through a work zone, they may collide with another person or object.
• Poorly Trained Crew – Construction workers who are not trained may not take due precautions during work, leading to road accidents.
• Equipment and Debris – Some construction zone accidents occur because the work crew leaves debris or heavy equipment sitting on the road. The drivers fail to slow down in time for this unforeseen risk, resulting in an accident.
• Lack of Warning Signs – Warning signs are the most important tool to warn drivers of work-related hazards ahead. When these signs are not posted or posted with poor visibility, this can create risks for drivers, who may not see speed limit changes and other warnings.

Parties Liable for Construction Zone Crashes

The following parties can often be held liable for a construction zone accident:

• The Driver – Driver negligence is one of the main factors involved in construction zone crashes.
• The Construction Company – You can sue the construction company if, for example, it hired a poorly trained crew that failed to take proper precautions and caused the crash.
• The Construction Crew – Sometimes, the responsibility for the negligence that caused the crash lies directly with the construction crew on the site of the work zone. But typically the company that hired them is liable if the individuals were working during the incident.

California follows the pure comparative negligence rule for personal injury cases. This means that more than one party may be held liable for the crash. If you’re unsure who’s liable for your accident, reach out for guidance to get what you’re due for your damages.

Learn How a San Diego Car Accident Lawyer Helps

If you have been involved in a construction zone accident in California, we want to help you. Our lawyers at The Kindley Firm, APC may be able to partner with you to seek full and fair compensation from another at-fault driver or the construction crew and company.

Get in touch today through our contact form or at 619-550-1313 to discuss your case with our lawyers.

Construction zones, also known as designated work zones on highways, create many road risks. These zones exist so that roads and the relevant infrastructure can be repaired and maintained. Unfortunately, many car accidents occur in these zones when precautions are not taken.

A car accident lawyer can help you if you have suffered a crash in a construction zone. The first thing to consider after a construction zone crash is determining liability. To better understand this, it is important to first look at the common causes of such accidents.

Common Causes of Construction Zone Accidents

Crashes in work zones are commonly caused by these factors:

Speeding – When a driver fails to sufficiently slow down given the work area ahead, it can lead to an accident. This is a legal offense under California Statutes Section 22350, which prohibits drivers from traveling at an unsafe speed through a work zone.

Careless Driving – If you are texting or taking a phone call, for example, while driving through a work zone, you may collide with another person or object.

Poorly Trained Crew – Construction workers who are not trained may not take due precautions during work, leading to road accidents.

Equipment and Debris – Some construction zone accidents occur because the work crew leaves debris or heavy equipment sitting on the road. The drivers fail to slow down in time for this unforeseen risk, resulting in an accident.

Lack of Warning Signs – Warning signs are the most important tool to warn drivers of work-related hazards ahead. When these signs are not posted or posted with poor visibility, this can create risks for drivers. Drivers must also follow speed limit changes in work zones under California Statutes Section 22362.

Parties Liable for Construction Zone Crashes

The following parties can often be held liable for a construction zone accident:

The Driver – Driver negligence is one of the main factors involved in construction zone crashes.

The Construction Company – You can sue the construction company if, for example, it hired a poorly trained crew that failed to take proper precautions and caused the crash.

The Construction Crew – Sometimes, the responsibility for the negligence that caused the crash lies directly with the construction crew on the site of the work zone. But typically the company that hired them is liable, if the individuals were working at the time of the incident.

California follows the pure comparative negligence rule for personal injury cases. This means that more than one party may be held liable for the crash.

Learn How a San Diego Car Accident Lawyer Helps

If you have been involved in a construction zone accident in California, we want to help you. Our lawyers may be able to partner with you to seek full and fair compensation from another at-fault driver or the construction crew and company.

Get in touch today through our contact form or at 619-550-1313 to discuss your case with our lawyers.