After a car accident, survivors are likely to feel stressed, overwhelmed, and possibly in physical pain. Because of this, many survivors make crucial errors when speaking with the insurance adjuster. These mistakes can be costly, potentially jeopardizing a future accident lawsuit . It’s always a good idea to speak with an accident lawyer serving Riverside about your case before you speak to the insurance adjuster. An attorney can caution you about the tricks insurance adjusters often use to minimize the compensation the company pays.
Obtain important information for your records.
An insurance adjuster will contact you soon after you file the insurance claim. Before the conversation gets started, ask the individual to provide his or her full name, employee ID number if applicable, and phone number at work. Write this information down, along with the name of the insurance company and its address. Keep this information for your own records, and provide a copy to your accident attorney. Once the call is over, it’s a good idea to make a few notes about what was said.
Keep your temper in check.
Dealing with red tape while you’re recovering from a crash is never pleasant, but it’s important to stay calm and be polite. Insurance adjusters are human, after all, and they may respond poorly to verbal aggression. On the other hand, an insurance adjuster who remembers having polite interactions with you may make an effort to ease the claims process.
Provide personal information.
During this initial phone call, the only information you need to provide to the insurance adjuster is your full name, number, and home address. Assuming that you’re speaking with the other party’s insurance carrier, you do not and should not provide any more information than you must. If you’re speaking with an adjuster from your own insurance company, you must abide by any rules specified in your policy. Your accident attorney can give you personalized guidance about your policy.
Avoid discussing the details.
Expect the insurance adjuster to ask you lots of questions about the accident and your injuries. You might also get some casual questions about your work schedule and income, and whether there were any witnesses to the crash. Do not answer these questions, even if they seem harmless. Instead, simply tell the individual that you’re still investigating the incident, there may be witnesses, and you’ll provide this information when it’s appropriate.
The loss of a loved one is never easy. But when the death occurs as the result of someone else’s negligence or reckless conduct, families may need to seek justice in court before finding a sense of closure. Contact an accident attorney in Riverside immediately if you suspect your loved one’s death may have been caused by someone else. In the meantime, you can watch this featured video for a quick introduction to the legal concept of wrongful death.
This professional explains that, in this type of accident lawsuit, it’s necessary to launch an investigation quickly to prevent evidence from disappearing. As an accident attorney investigates a wrongful death case, he or she will assess liability. Liability refers to which party may have been at fault for the accident. For example, if the death was caused by a defective product, the accident lawsuit may list the manufacturer as the defendant.
Driver distraction often forms the basis of car accident lawsuits filed in Riverside. Your car accident lawyer may uncover evidence that shows the other driver was texting or talking on a cellphone just before the crash. In addition to unlawful and dangerous cellphone use, there are many other causes of distracted driving. If surveillance footage of the crash scene is available, your car accident attorney can review it to determine if other distractions may have played a role. An accident lawyer can also interview passengers and other eyewitnesses.
During the course of this investigation, the accident lawyer may find that the other driver was reading a map or using a GPS device before the crash. Other forms of distraction include gawking at billboards, rubbernecking at roadside accidents, and talking with passengers. It’s not unheard of for some negligent drivers to apply makeup or eat while trying to drive. Adjusting the radio or CD player, and disciplining unruly children in the backseat are other common causes of driver distraction.
Police misconduct is a loaded subject that often triggers strong emotions. If you or a loved one has been a victim of police misconduct, you’ll need the legal advocacy of an experienced personal injury lawyer serving Riverside. There are some legal obstacles concerning police misconduct, as the concept of government immunity applies to the actions taken by police officers while on the job. However, as your personal injury lawyer can advise you, the state of California has recently passed a couple of laws that extend greater rights to citizens involved in these cases.
California Police Misconduct Laws
Your personal injury lawyer will need access to all available evidence to protect your legal rights. Fortunately, thanks to the signing of SB411, Californians can no longer be charged with obstruction of justice simply for photographing or recording police officers in public areas. Another recently signed bill, SB277, eliminates the role of grand juries in police misconduct trials. This is significant because some recent, notable police misconduct cases resulted in a grand jury’s decision not to issue an indictment. It’s commonly thought that grand juries do not offer sufficient transparency.
Government immunity means that a government entity cannot be sued, except in cases where permission is granted to do so. However, this legal doctrine does have its limits. It is possible for your personal injury lawyer to take legal action if the police officer has acted outside the scope of his or her reasonable duties, and/or violated a person’s constitutional rights.
Police Misconduct Cases
There are several types of police misconduct. A case might involve claims of false arrest, which occurs when a police officer arrests a suspect without having probable cause or a warrant. Excessive force means that a police officer used force that was unreasonable for the situation.
Police Misconduct Claims
There are strict deadlines to file police misconduct claims, which is one reason why you must consult a personal injury lawyer promptly. Your lawyer must file a notice of claim within six months for cases involving false arrest or false imprisonment. The notice of claim is essentially an official announcement of your intention to file a lawsuit. After filing the notice of claim, you’ll have up to a year from the date of the incident to file the lawsuit.
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