• Lawyer for Lost Wages in Riverside, CA

    Have You Lost Wages as a Result of an Accident?

    An injury can result in time missed from work, which in turn, leads to lost wages. Even if you have savings built up, this can mean weeks or even months of lost money, which can severely impact your ability to pay bills or even purchase essentials. If you’ve been injured as the result of someone else’s negligence, you may be eligible for lost wage compensation. Our Riverside, CA lawyer for lost wages at the Law Offices of Harlan B. Kistler is here to explain what to do and how to get the compensation you deserve.

    Lost Compensation Attorneys in Riverside, CA

    What Are Lost Wages?

    Lost wages refer to the income that you’re unable to earn due to injury, illness or another incident that prevents you from working. They include not just your regular salary or hourly wages, but also overtime, bonuses, and benefits that you would have received if you had been able to work.

    How To Prove Lost Wages?

    Proving lost wages typically involves providing pay stubs, tax returns, or employment contracts that show your usual earnings. In some cases, a letter from your employer detailing your pay rate, hours worked, and time lost due to injury may also be used.

    Compensation as a Result of Losing Wages

    If you’ve lost wages because of an injury you sustained as a result of someone else’s negligence, you may be entitled to compensation. Workers’ comp can cover lost wages, but you may also be able to pursue a personal injury claim. Compensation can be based on both past losses and future losses:

    • Past Losses: Past losses refer to the damages a victim has already incurred at the time of the claim or lawsuit. These can include medical expenses, lost wages, property damages, and any other costs related to the injury that have occurred from the time of the injury up to the present.
    • Future Losses: Future losses are the expenses that a victim will need to pay after their legal claim or lawsuit has been filed. These can include future medical expenses, future loss of earnings or earning capacity, ongoing rehabilitation costs, and any long-term care needed due to the injury.

    Lost Compensation Attorneys in Riverside, CA

    Necessary Attributes To File a Wage Loss Claim

    In order to file a claim for lost wages in Riverside, you’ll need to ensure you have a few attributes. They include:

    • Liability Bodily Injury Coverage: Injuries you got in a car accident that resulted from another driver’s negligence may be eligible for a lost wage claim. Your claim would be submitted under the at-fault driver’s insurance.
    • Uninsured/Underinsured Motorist Coverage: If the at-fault driver does not have insurance or their insurance doesn’t cover your costs, you may be able to get your expenses covered under your uninsured or underinsured motorist coverage.
    • Personal Injury Protection (PIP) Coverage: PIP insurance covers injuries you got in an accident and lost wages up to the limits of your individual policy.

    How To Document Lost Wages?

    When pursuing a lost wages claim, you’ll need several pieces of evidence to prove that you are losing money. To properly document your lost wages, you’ll need:

    • Physician’s letter: A letter from the doctor treating your injuries, with information about the type of injury and how it keeps you from working.
    • Treatments and prescriptions: You will need to offer information about the treatments you’re trying and prescriptions you are taking to recover from your injury.
    • Medical expenses: Keep track of any medical expenses, including co-pays, treatment costs, prescription charges, and more. Keep your official bills and receipts as proof – it won’t be enough to just list them on a spreadsheet or on a piece of paper.
    • Employer’s letter: This letter must confirm that you have missed work. If you don’t work a full-time, salaried position, you may need to share your tax return information.

    Lost Wages Attorney in Riverside, CA

    How To Calculate Lost Wages?

    To calculate lost wages, you will take the amount of time you missed and compare it to your pay. For example, an hourly employee would multiply the number of work hours missed due to injury by their hourly wage. A salaried employee could try dividing their yearly salary by the number of hours or by month.

    How To Calculate Lost Wages if You Don’t Work on Salary

    If you work irregular hours or do not work on salary, you can still calculate your lost wages. The process includes showing evidence that you missed certain appointments or obligations because of your injury. You can also use the previous year’s tax return to show how much you would have made this year.

    Contact Our Lawyer for Lost Wages in Riverside Today!

    If you are wondering ‘how much does workers’ comp pay for lost wages?’ or ‘When does workers’ comp start paying lost wages?’, you’re in the right place. At the Law Offices of Harlan B. Kistler, our lawyer for lost wages is committed to helping you recover the compensation you need to live your normal lifestyle. Contact us today to schedule your free consultation!

  • Defensive Driving Tips to Help You Avoid a Car Accident

    Car Accident Attorney in Riverside, CA

    Thousands of car crashes occur every day across the United States. These accidents can lead to severe injuries and have huge impacts on the victim’s quality of life. While some accidents are unavoidable, there are several steps you can take to prevent them. Our legal team at the Law Offices of Harlan B. Kistler is here to share the top tips for defensive driving in Riverside, CA, and how they can help you avoid a car accident.

    Car Accidents Attorney in Riverside, CA

    Be Alert

    It’s easy to zone out while driving down a long stretch of highway. Unfortunately, this means your attention is compromised, and you’ll be less likely to react quickly enough if a problem occurs. For example, if you’re not alert and the driver in front of you slams their brakes, you’re much more likely to rear-end them due to your delayed reaction time.

    Make Sure Safety Is Your Priority

    Safety should always be your priority when driving defensively, even if you’re running late or trying to look for your destination. Our car accident attorney understands that situations like that can be stressful, but even small mistakes can pose major safety risks on the road.

    Assume the Worst from Other Drivers

    Even if you like to give people the benefit of the doubt, that shouldn’t apply on the road. Unfortunately, you can’t always rely on other drivers to operate their vehicles as safely as you are, and just one case of not assuming the worst from another driver can lead to an accident.

    Do Not Drive While Preoccupied

    Being preoccupied doesn’t necessarily mean being on your phone – it can mean eating, drinking, daydreaming, or worrying about something. All these activities can distract you from the road, even if you’re not actively looking at something else.

    Car Accidents Attorney in Riverside, CA

    Follow at a Safe Distance

    Tailgating is one of the main causes of rear-end accidents. When driving defensively, you should always follow the car in front of you at a safe distance – one that will give you enough time to stop if the leading vehicle brakes suddenly.

    Always Have an Escape Route

    You should always know how to escape a situation with heavy traffic or other stressful conditions. This can mean staying in the right lane so you can get off at the nearest exit or knowing where you can pull over safely.

    Master the Art of Defensive Driving

    Just like any skill, defensive driving requires practice and should be mastered for optimal safety on the road. Keep all our tips in mind whenever you get behind the wheel, and consciously practice your defensive driving skills on every trip you take.

    Stay Within the Speed Limit

    Speeding is, without question, one of the top causes of vehicle accidents. While it’s tempting to drive faster, especially if you’re running late, the consequences aren’t worth it. In addition to a higher chance of getting in an accident, the penalties from law enforcement are severe.

    Keep to the Right

    The left lane should be used for passing only. Staying to the right of the road in a multi-lane system can help you avoid reckless drivers and stick to the speed limit.

    Car Accidents Attorney in Riverside, CA

    Be Careful When Turning and Passing Other Vehicles

    When driving safely and defensively, you should always exercise caution and care when turning or passing another vehicle. You never know if that driver isn’t paying attention or if they are not following the rules of the road.

    When Driving in Bad Weather, Avoid Utilizing Cruise Control

    Cruise control is handy in certain situations but should never be used during inclement weather. It can make it harder to quickly adjust your speed, if necessary, as well as make it more difficult to stop.

    Stock Your Car with the Essentials

    If you do get in an accident, it’s essential to be prepared. Always have an emergency kit in your car that contains a first aid kit, road flares, water, food, jumper cables, and other useful items.

    What To Do in Case of Compromised Visibility

    The best thing to do when driving with compromised visibility is to avoid getting behind the wheel at all. However, there are times when this may not be possible. If you absolutely must keep driving, always keep your headlights on. Be sure to turn off your bright lights if another car is approaching.

    Cut Out Distractions

    Distracted driving can be just as dangerous as driving under the influence of drugs or alcohol. Those who drive defensively keep anything that could potentially distract them out of reach. This includes phones, tablets, computers, snacks, et cetera.

    Contact Our Car Accident Lawyer in Riverside Today!

    If you were injured in an accident due to the actions of another driver, you may be entitled to compensation. Our Riverside car accident attorneys at the Law Offices of Harlan B. Kistler understand how a car accident can affect your life, and we’re here to help you get the compensation you deserve. Contact us today for a free consultation!

  • Should You File a Wrongful Death Lawsuit?

    A sudden death in the family is a shocking event that many people never fully recover from, particularly when the death was caused by someone else’s negligence or recklessness. You may find it helpful to stay busy in the aftermath of the funeral. One of the tasks on your to-do list might be to visit an accident attorney in Riverside to determine whether you can file a wrongful death lawsuit . A legal claim won’t fix your heartache, but it can help you find closure and recover financially from your loved one’s passing. Wrongful Death Attorney in Riverside, CA

    You are eligible to file a wrongful death lawsuit.

    Your accident injury lawyer will ask you about your relationship with the decedent to determine if you’re eligible to bring a legal claim. California laws state that a wrongful death claim may be filed by the decedent’s:

    • Surviving spouse
    • Domestic partner
    • Children
    • Grandchildren if the children of the deceased are also deceased
    • Dependent minors

    You suffered economic and non-economic losses.

    A wrongful death lawsuit is a means of seeking justice on behalf of the deceased family member. You might also decide to file a wrongful death lawsuit because your family has sustained financial losses from the death. If your claim is successful, you may be entitled to receive compensation for your loved one’s medical bills and related expenses, if the death did not occur immediately after the incident. You can request compensation for funeral and burial or cremation costs. You might also be entitled to seek damages for your loved one’s anticipated future earnings, and for your loss of financial support and companionship.

    Your accident attorney can prove certain elements.

    The lawyer reviewing your case will discuss its merits with you. The law requires wrongful death plaintiffs or their legal counsel to prove that certain elements exist. They are the following facts:

    • The individual died.
    • The death was directly caused by someone else’s intentional act to inflict harm, or by an act of negligence.
    • The death caused financial injury to the surviving family.
    • The decedent’s estate is represented by an appointed personal representative.

    You are mentally prepared for the discovery and trial processes.

    Assuming your lawyer does determine that your case has merit, you’ll need to decide whether you do want to move forward with an accident lawsuit. Many cases are settled out of court, but you need to be prepared for the possibility that your case will go to trial and you may give testimony. Your lawyer can help you understand what to expect and how to prepare.

  • FAQs and Answers About California’s Lemon Laws

    Driver distraction, impairment, and recklessness are all common causes of car accident lawsuits in Riverside, California, but sometimes, the fault lies with the vehicle’s manufacturer. The state’s lemon law—officially called the Tanner Consumer Protection Act or the Song-Beverly Consumer Warranty Act—protects car owners from financial damages caused by a manufacturing defect. An accident attorney can help you sort through the legalese to figure out your options. Lemon Law

    Is my car covered under the lemon law?

    The lemon law covers purchased new and used vehicles, as well as leased vehicles, that have a manufacturer’s warranty. These vehicles include:

    • Vehicles leased or purchased for company use
    • Vehicles leased or purchased for personal use
    • Dealer-owned vehicles and demonstrators
    • Sedans, SUVs, pick-up trucks, and vans
    • Drivetrain, chassis, and chassis cab of motorhomes

    Your vehicle is covered if it falls into one of those categories. Vehicles are only covered if they are still within the original warranty period.

    How can I prove that my car is a lemon?

    California’s lemon law presumes that your vehicle is a lemon if any specified criteria are met within 18,000 miles or within 18 months of the buyer taking possession of the car. These criteria are:

    • Four-plus attempts have been made to fix the same warranty problem.
    • Two-plus attempts have been made to fix a warranty problem that could result in serious injury or death if the car is driven.
    • The defects are not caused by the consumer’s abuse of the vehicle.
    • The defects substantially affect the vehicle’s safety or value, or the consumer’s use of the vehicle.
    • Mechanics have held the vehicle for 30 days to fix the problems. The days do not necessarily have to be consecutive.

    Can I return a lemon?

    If your situation meets certain criteria, yes. The manufacturer must provide a replacement or do a buyback. A replacement of the car will only occur if both the owner and the manufacturer agree to it. The replacement option requires the manufacturer to provide you with a substantially identical vehicle. Your new vehicle will have a new warranty. In a buyback, the manufacturer must pay you the amount the car cost, minus an offset for mileage.

  • What Is a Statute of Limitations?

    Statutes of limitations apply to both criminal cases and civil accident lawsuits . A statute of limitations is a deadline. Once it expires, an injured party no longer has the right to file an accident lawsuit. This is one crucial reason why it’s important to speak with an accident attorney in Riverside as soon as possible after an incident occurs. If you wait too long to speak with a lawyer about your options, legal recourse may no longer be available to you.

    Statutes of limitations vary from state to state. There are different deadlines for different types of claims. For example, a claim for property damage carries a statute of limitations of three years. Any type of personal injury claim usually has a two-year statute of limitations. The clock starts ticking from the date of the injury. However, it is possible for a patient to not detect the injury right away. If this is the case, then patients have one year to file the accident lawsuit from the date that they discovered the injury, even if two or more years have passed.

    Accident Lawsuit Lawyers in Riverside, CA

  • Essential Tips for Talking to Insurance Adjusters

    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. Insurance Claim Related Attorneys in Riverside, CA

    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.

  • A Quick Look at Wrongful Death

    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.

  • Common Causes of Driver Distraction

    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.

    Car Accident Lawsuits Filed in Riverside

  • What All Californians Should Know About Police Misconduct Claims

    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. Police Misconduct Claims in Riverside, CA

    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

    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.

  • The Do’s and Don’ts of Appearing in Court

    When your personal injury lawyer files a lawsuit on your behalf, it’s quite likely that it will be resolved with a settlement. Many plaintiffs never see the inside of a courtroom because they decide to accept a sum of money in exchange for dropping the lawsuit. However, you do have the right to decline a settlement offer and take the defendant to court. A personal injury lawyer serving Riverside will ensure you are fully prepared for your day in court. Personal Injury Lawyer

    Do plan to arrive early.

    It isn’t acceptable to arrive late to a court appearance or even to arrive on time. Instead, plan to arrive at least half an hour before you are scheduled to appear in court . Leaving your home with plenty of time to spare gives you some leeway in case you have car problems or encounter traffic delays on your route. When you arrive early, your personal injury lawyer will have time to give you some last-minute advice.

    Do dress appropriately for court.

    As a general rule of thumb, dress for court in the same way you would dress for a funeral. Men should wear a suit and dress shoes, and ladies should wear a pantsuit, skirt suit, or other conservative outfit that doesn’t reveal much skin and doesn’t draw unnecessary attention. If you have tattoos, make sure your clothing covers them up.

    Don’t leave your cellphone on.

    Leaving your cellphone on vibrate mode isn’t enough to prevent embarrassing disruptions in the courtroom. Turn it off instead or leave it in your car. You shouldn’t have any other electronic devices on, either.

    Don’t interrupt anyone.

    Your personal injury lawyer has probably instructed you not to speak in court unless you are directly questioned. You may respond to the judge, whom you should address as “Your Honor.” If you’re on the witness stand, you’ll respond to the questions. But otherwise, it’s best to stay silent—and never try to talk to a member of the jury.

    Do control your reactions.

    Hearings and trials can be incredibly stressful, even if you’ve been in court before. But it’s important not to let your temper get the best of you. Even if the opposing counsel asks you questions that seem insulting, you’ll need to take the high road and maintain a calm demeanor.