An automobile accident is a traumatic event, and when the person who caused your injuries has minimal or no insurance to cover your damages, the event becomes even more traumatic. If you are involved in a serious accident, you expect your damages (medical bills, lost wages, property damage, etc.) to be paid by the at-fault driver’s insurance. If; however, the at-fault driver does not have any, or enough, insurance coverage, you will need to be covered by your own uninsured or underinsured … [Read more...]
Calculating Pain And Suffering in CA Auto Accident Cases
In personal injury cases, pain and suffering is the term used to define the emotional and physical pain caused by injuries a victim sustains in an accident. Pain and suffering damages assigns a monetary value to non-economic damages such as the physical pain, emotional distress, and the loss of the enjoyment of life a victim experiences as a result of an accident. California does not have a formula for calculating pain and suffering damages. While economic damages are easier to … [Read more...]
What Damages Can Be Recovered In Wrongful Death Cases?
What Damages Can Be Recovered In Wrongful Death Lawsuits? by Michael Waks Under California law, certain surviving family members and dependents have the right to receive compensation for the wrongful death of a loved one. … [Read more...]
How Can Comparative Negligence Effect Compensation For A Spinal Cord Injury?
Spinal cord accident victims often require life-long medical and personal care resulting in astronomically high financial costs. That is why it is essential for car accident victims who suffer a spinal cord injury to receive the maximum compensation for their losses and injuries - in legal terms, their damages. Unfortunately, it is common practice for insurance companies to try to assign at least some some blame for an auto accident to the victim. They do this because under the … [Read more...]
Do I Need an Attorney If I’m in a Truck Accident?
The trucking industry plays a very important role in how businesses move products across our state. It is a billion dollar a year business that delivers the goods we want and need, and employs people throughout the state. As a result, there are many of these extremely large vehicles on Southern California roads and freeways, and when they are involved in an accident, individuals are often seriously injured or killed. Each year in Los Angeles and the surrounding areas, thousands of … [Read more...]
Calculating Lost Earnings
Calculating Lost Earnings by Michael Waks If you’re injured in a car accident, slip and fall or other personal injury accident that caused you to miss work, you are entitled to lost earnings damages. Learn more about lost earnings in this presentation. … [Read more...]
Should I Speak to an Insurance Adjuster After a Personal Injury Accident?
If you've been injured in a personal injury accident there are several things you should consider before agreeing to speak to an insurance adjuster. First and foremost, you need to remember the insurance adjuster represents the insurance company, not you. His sole job is to minimize your recovery irrespective of the extent of your injuries. The adjuster may try to convince you that you are in "good hands" with him/her. Don't believe it. Insurance companies are for-profit businesses … [Read more...]
Beware of Working Directly with Insurance Companies — They are Not Looking Out for Your Best Interests
When you're buying an insurance policy, your agent tells you the insurance company will be there to protect and help you if you're injured. They convince you that you are the company's priority. In fact, insurance companies are businesses, and like most businesses, their main focus is maximizing profits. To accomplish this, insurance companies, their adjusters, and their attorneys aim to pay as little as possible for personal injury … [Read more...]
Do I Have To Report An Auto Accident to the Police?
Automobile accidents, even minor ones, can be terrifying. We assume if we're ever in an accident we'll know exactly what to do, but when an accident actually happens, many people become overwhelmed. I recommend my clients keep an accident checklist in their glove box so if they do have an accident they'll know what to do at the scene (feel free to download the checklist I provide to my clients at the home page of my website at www.michaelwaks.com). Even after leaving the accident scene … [Read more...]
What Are Lost Earnings And How Do You Calculate Them?
Personal injury accident victims incur several different types of damages. Damages for current and future medical costs are easy to understand and damages for property loss is straightforward. Damages related to lost earnings; however, can be more complex. For this reason, I always take the time to explain the concept of lost earnings to new personal injury clients. The calculation of lost earnings takes many things into account - how much work time has been missed … [Read more...]
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