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Immediate Action Plan: 5 Key Moves After A Construction Site Accident

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Immediate Action Plan: 5 Key Moves After A Construction Site Accident

By  Dan McCrary | February 15, 2024

If you’re working in the construction industry, it’s important to know what to do immediately after a construction accident injury. After all, it’s one of those professions that has a high rate of workplace accidents. 

As per the US Bureau of Labor Statistics, the construction industry accounted for 46.2 percent of all fatal falls, slips, and trips in 2021. It’s crucial to have a clear and effective immediate action plan in place to address any accidents promptly and minimize further harm. 

To help you out, we’ll outline five key moves that should be taken immediately following a construction site accident to ensure safety and financial support. Besides that, we’ll also discuss what are your legal rights after a construction accident?

What Are My Legal Rights After A Construction Accident?

If you’ve been involved in a construction site accident while on the job, it’s crucial to understand your legal rights, especially regarding workers’ compensation. Workers’ compensation provides financial assistance in the event of a work-related injury. 

The compensation workers receive will be based on the severity of injury. Your supervisor or employer will provide you with necessary forms and guidance on the process of eligibility for filing a claim. 

Once you fill out forms and provide proof of the accident, the process of filing the claim will begin. The insurance company will then review your claim and may either accept or deny it based on the circumstances of the accident. 

If you believe your claim has been wrongfully denied, you have the option to file a case in court. The court will consider both sides of the argument before making a decision regarding the validity of your workers’ compensation claim.

What To Do Immediately After A Construction Accident Injury? Steps To Follow

Below are the five important steps a construction worker should take after an injury. These actions not only save lives but also ensure the injured worker gets proper care and worker compensation easily.

1. Get Medical Help 

The first and most crucial step is to ensure safety above everything else. Take a moment to assess the nature of the injury – whether it’s minor or serious. If it’s determined to be serious, do not hesitate to call for immediate medical assistance by calling an ambulance. 

Remember, the longer the delay, the greater the risk of worsening the injury. Even in the case of minor injuries, it’s essential to seek medical attention. Some injuries, especially internal ones, may not show symptoms right away. 

As per California law RESPONSIBILITY OF EMPLOYER – 2581.2, the employer shall:

  • Arrange medical treatment on an immediate basis.
  • Take the construction worker to the medical facility if the situation is serious.
  • Arrange transportation to the hospital.

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2. Report Injury To The Supervisor 

The second step is to report the injury to the supervisor or the employer. They may request that you submit a written report detailing the specifics of the accident. Once notified, they will take appropriate action against the responsible party for the incident.

Supervisors are also obligated to provide you with the necessary forms for State Compensation Insurance Fund (SCIF e3301) and Workers’ Compensation Claim Form & Notice of Potential Eligibility form (DWC 1 /e3301)

It’s important to note that the State Compensation Insurance Fund form must be provided by the employer within one working day following the injury. The statute of limitations for the Worker Compensation claim is 1 year from the date of the accident.

3. Document The Accident 

Remember to thoroughly document the accident scene as it’s one of the most important steps and also the one accident victims neglect in the aftermath of an injury. Only avoid this step if you are physically unable to do so due to the severe pain of injury. 

Take photographs of the accident scene from various angles. Record every detail, including the time of the incident and how and when it occurred, in a notepad so you can share every detail with your lawyer in case of a court case.

4. Gather All The Evidence

Gather as much evidence as you can to prove your compensation claim. Medical reports, hospital bills, and doctor’s notes are valuable pieces of evidence that show the severity of your injury and the financial impact it has had on you. 

If possible, try to identify individuals who witnessed the accident. These witnesses can provide testimony in a court case, which can significantly strengthen your case and enhance the credibility of your claims.

5. Go For Legal Claim

After submitting your worker compensation and state compensation insurance fund claims, there are two potential outcomes. The insurer may either deny your claim or accept it and inform your employer, who will then provide further instructions to you. 

If your claim is denied, you can request reconsideration or proceed to file a case in court. For legal proceedings, you can reach out to our law firm, MCCRARY, to schedule a free consultation with one of our experienced lawyers.

Final Words

To sum up, you should first consider your health, check whether you’re able to move or not. If it’s a serious injury, the supervisor will take you to the hospital. However, if it’s a minor injury, you can take basic first aid and proceed to document the scene of the accident.

Afterward, seek proper medical help, gather medical reports and bills. Then submit a written application to the supervisor and fill out the compensation forms to initiate the necessary process for receiving worker compensation.

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    Is It Worth Getting A Lawyer For A Motorcycle Accident In Northern California?

    How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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    Is It Worth Getting A Lawyer For A Motorcycle Accident In Northern California?

    By  DM HYF | February 5, 2024

    Motorcycle accidents can cause serious injuries more than car accidents because the driver on a motorcycle is more vulnerable. The good thing is it’s possible to seek legal help and compensation for your loss. 

    Some individuals prefer to resolve the matter without hiring a lawyer, which is the biggest mistake if you don’t have a legal background. Without legal help, the insurer might not accept your claim or may try to offer lower compensation. 

    This is why hiring a lawyer for accident cases is a must. Below, we’ll explain why getting a lawyer for a motorcycle accident in Northern California is worth it, with valid reasons. So, let’s get into the details!

    Should I Get A Lawyer For A Motorcycle Accident In California?

    Yes, you should get a lawyer for a motorcycle accident in California. Although it’s not mandatory by law to hire a lawyer, a lawyer can greatly help get fair compensation for the loss caused by the accident. Lawyers are experienced in negotiating with insurers and proving claims. 

    The lawyer will evaluate all your losses and decide what the settlement should be. They also help find who the legally responsible person is and will take action by contacting the other driver’s insurer. 

    The responsible driver’s insurer will pay the compensation from the Liability Coverage claim, which is required for all drivers in California. If the insurer doesn’t agree to pay or offer a fair settlement, you can take the case to court with the assistance of your lawyer.  

    The best part about hiring a lawyer is most lawyers in California work on the contingent base fee. It means they’ll make an agreement with you to pay a specific percentage of the compensation you’ll get. If they don’t win the case, it means no fee for the legal process.

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    6 Reasons To Get A Lawyer After A Motorcycle Accident

    Here are the top 6 reasons why you should get a lawyer after a motorcycle accident. These reasons will help you make a decision whether you need a lawyer or you can claim the insurance without any help. 

    1. Assist Collecting Evidence 

    Lawyers don’t investigate the case themselves. However, due to their experience, they can assist you with where you can find the best evidence and what type of evidence will work in the court or in front of the insurer to prove your claim. 

    2. Determine Who’s At Fault 

    After examining the evidence you’ve gathered, your lawyer will tell you who was at fault in the accident. This helps a lot because California is an at-fault state, which means only the driver whose negligence caused the accident will pay for the loss of other drivers. 

    3. Negotiate With The Insurer 

    Negotiating with the insurer is a crucial aspect of a lawyer’s responsibilities. After filing a claim, the other driver’s insurer will likely attempt to persuade you to accept a lower settlement if you have a lawyer to negotiate on your behalf. 

    4. Calculate The Compensation 

    Your lawyer will help you calculate the compensation you should ask for the loss. It’s an important task, as victims of accidents often request lower settlements because of not having sufficient knowledge. 

    5. Re-appeal For The Claim 

    If your claim is denied by the insurer of the responsible driver for any reason. Your lawyer will assist you in re-appealing the claim. They’ll set your case with strong proof that no insurance company can deny. 

    6. Filing Lawsuit

    If the insurer denies your appeal again and does not agree to pay the compensation you deserve for your financial loss, the lawyer will guide you through the lawsuit. They’ll suggest which lawsuit you should file and will represent you in the court.  

    Final Words

    Is it worth getting a lawyer for a motorcycle accident in Northern California? Yes, hiring a lawyer is worth it. Lawyers are experienced in dealing with accident cases on a daily basis; they know about the laws of the state and will help you get the right settlement.

    With lawyers, you don't have to worry about any mishap as they'll be with you throughout the journey to guide you. You can consider contacting MCCRARY Law Firm today for dedicated and experienced legal assistance for your motorcycle accident case.

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      How Much Should I Ask For Pain And Suffering From A Car Accident?

      How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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      How Much Should I Ask For Pain And Suffering From A Car Accident?

      By  Dan McCrary | February 1, 2024

      “Pain and suffering” is a legal term that refers to the pain of physical injuries and emotional trauma an individual has suffered since the accident. If this has happened to you, then you can claim compensation for your loss.

      The compensation will be according to the loss you’ve faced. If your injuries are serious, preventing you from going to the office or performing daily activities, and you are also facing emotional trauma, you will be able to get a higher amount of compensation.

      Below in this article, we’ll answer the question: How much should I ask for pain and suffering from a car accident? We’ll also explain what types of damages are recoverable and how you calculate the compensation amount.

      Who’s Eligible For A Pain And Suffering Claim For A Car Accident? 

      Before we go further in explaining the compensation for pain and suffering, it’s best to find out whether you’re eligible for it or not. Pain and suffering mean you’ve suffered emotional and physical pain due to the negligence of someone else. 

      For example, if you had an accident that happened because of the mistake of another driver and you got injuries and trauma or fear, you’re eligible for pain and suffering compensation. The more serious your condition is, the more the responsible party has to pay. 

      It’s important to note that you need to prove your claim about the emotional and physical loss. You also have to show doctor notes, your medical reports, photographs of injuries, and your treatment records from a psychiatrist or psychologist. 

      How Much Should You Demand For Pain And Suffering?

      How much you should ask for pain and suffering completely depends on your situation and loss. The best way to calculate your loss is by using the Multiplier method, which allows you to multiply the total loss by a number between 1.5 and 5. 

      In this method, you’ve to choose a multiplier number, a scale ranging from 1.5 to 5. The smallest number, which is 1.5, is for minor accidents; at the same time, number 5 is used to show the severity of the accident and the loss. 

      To calculate the non-economic damages, multiply the total economic loss by the chosen multiplier. For example, if your economic loss is $10,000 and you choose a multiplier of 3, your estimated pain and suffering damages would be $30,000.

      Don’t forget that the multiplier number should justify the severity of pain. You can’t ask for 5x compensation for a minor accident. If you’re unable to perform this task, the best thing to do is to contact a lawyer from our MCCRARY firm

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      What Types of Damages Are Recoverable With Pain And Suffering? 

      Now comes another important question: what type of damages are recoverable with pain and suffering? Although the pain and suffering claim is for emotional and physical pain, which can’t be calculated, the records of damages you’ve suffered can help in that regard. 

      As per law, various types of damages can prove your suffering, and your loss can be recovered. We’ve divided the loss into two types: one is physical damage, and the second is emotional damage, the details of which you can read below. 

      1. Physical Pain And Suffering Damage 

      Physical damage includes all minor to serious injuries like fractures of bones, broken bones, brain, spinal cord, soft tissue injuries, and so forth. You can also ask for loss of wages or disability caused by an accident. 

      2. Emotional Pain And Suffering Damage

      Emotional damage includes the pain and trauma you’ve faced mentally. For example, anxiety, depression, post-traumatic disorder, emotional distress, etc. To claim compensation, you should keep records of treatments and how these emotional struggles affect your daily life. 

      How Do Insurance Companies Calculate Pain And Suffering Compensation?

      The most common method for insurance companies to calculate the pain and suffering compensation is the Multiplier method. With this method, you get 1.5x to 5x the amount of your financial loss, depending upon the severity of your injuries and emotional trauma. 

      Another method is the Per Diem method, which isn’t used in all states. The process of calculating the loss with this method is that the insurer will set a specific amount for a day, like $100, and multiply it by the total days you’ve suffered due to the accident. 

      If you are admitted to the hospital for three months with this detail, the insurer will multiply $100 to 90 days, and the claim would be $9000. The amount of daily loss would be determined after considering the severity of your accident case. 

      Final Words

      The total amount you can ask for pain and suffering from a car accident depends on the pain you've suffered after the accident. This not only means physical injuries but also the emotional distress and trauma endured.

      The claim amount would be calculated with either the Multiplier method or the Per Diem method. To prove this claim, you must document all your financial losses and the problems you've faced medically.

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        Is North California A No-Fault State? Learn Now!

        How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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        Is North California A No-Fault State? Learn Now!

        By  Dan McCrary | January 30, 2024

        One of the most common questions that come to mind regarding California is whether it is a no-fault state or an at-fault state. Both are opposite of each other and affect the outcome of an accident. 

        In the no-fault state, all drivers included in the accident have to pay for their medical expenses and bear the loss with PIP insurance. Meanwhile, in the at-fault state, the responsible driver is bound to pay compensation (medical and property damage) for the loss of the other driver. 

        To help you understand the laws better, we’ll explain what a no-fault state is and whether Northern California is a no-fault state. You’ll also get answers about the importance of liability coverage insurance and its difference from PIP insurance. 

        What’s A No-Fault State?

        A no-fault state means a state where all drivers included in the car accident will bear their loss of an accident. The drivers will contact their PIP insurance provider, and they’ll pay for the medical expenses of their respective clients. 

        You can’t sue the other driver to pay for the compensation unless the financial loss crosses a certain limit. This law is currently implemented in twelve states of the United States. In these states, PIP (Personal Injury Protection) insurance is required for every driver. 

        The benefit of PIP insurance is that the driver gets the insurance money more easily than the at-fault state because insurers don’t investigate who was at fault for the accident. This leads to quicker and more efficient compensation for accident-related expenses.

        Is California A No-Fault State? 

        No, California isn’t a no-fault state. Instead, it’s an at-fault state, which means if you’ve proven responsible for the accident, you must pay the compensation for medical bills, injury compensation, and property damage for the other driver. 

        Remember, there will be a proper investigation into which driver was responsible for the accident. The individual that’s found responsible will pay the compensation with the liability coverage insurance. 

        Liability coverage insurance is a must for drivers in California. This type of insurance covers the expenses of injuries and damage you cause to other drivers. It’s mandatory for drivers to meet the minimum liability insurance requirements

        • $15,000 in case of the death or injury of one person.
        • $30,000 for the injury or death of more than one person.
        • $5000 for property damage.https://norcalattorney.com/

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        Liability Coverage California Vs. PIP Insurance 

        Liability coverage and PIP (personal injury protection) insurance are two different types of insurance. Both are mandatory by law for all drivers as per the at-fault and no-fault status of the states. 

        For instance, if you live in a no-fault state, the driver has to buy PIP (personal injury protection) insurance. This insurance specifically addresses post-accident medical expenses such as hospital bills.

        At the same time, liability coverage insurance only covers the loss of the victim of an accident when you’re at fault. This insurance isn’t limited to medical expenses but also pays compensation for the other driver’s property damage. 

        What Happens When Both Drivers Are At Fault For The Accident?

        As stated, there will be a proper investigation to find out whose negligence caused the accident. The decision of the investigation will be based on proof such as CCTV footage, car condition, witness statements, and so forth. 

        If the proof shows that both drivers are equally to blame, their insurance companies will share the responsibility for paying the costs. The court steps in to decide how much each driver messed up and determines the compensation.

        In cases where one driver bears less responsibility than the other, resulting from a minor error, the less culpable party will pay lower compensation. This helps ensure a fair distribution of financial responsibility.

        Final Words

        Is North California a no-fault state? No, California isn't a no-fault state. In California, the driver who caused the accident is liable to pay compensation for the loss of the other driver. The compensation includes medical bills and property damage.

        The compensation will be paid with the Liability Coverage insurance, which is mandatory for every driver in California. If you need more help regarding this topic, you can contact our motor vehicle accident attorney.

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          What Is The Main Cause of Car Accidents In Northern California?

          How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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          What Is The Main Cause of Car Accidents In Northern California?

          By  Dan McCrary | January 26, 2024

          California is one of those states where car accidents happen frequently. According to research, approximately 250,000 car accidents occur in California every year, and in 2022, about 4099 people died due to motor vehicle accidents.

          These accidents happen for various reasons, sometimes due to high speeding, aggressive driving, alcohol or drug-impaired driving, and so forth. Whatever the reason is, these accidents can result in the loss of innocent lives.

          Today, we’ll discuss the leading causes of car accidents in Northern California. This will help you understand the primary reasons behind the increase in fatalities. Stick with us until the end to gain a comprehensive understanding of this critical issue.

          Top 7 Causes of Car Accidents In Northern California

          After our in-depth research, we’ve found seven main reasons for car accidents in Northern California. These are the most common causes, but there could be other reasons depending on the driver, the car, and the road conditions.

          1. Overspeeding, Primary! 

          Overspeeding is the biggest cause of accidents in California. It simply means the situation when the driver drives way too fast on a road. Accident happen because when a driver overspeeds, the ability to drive safely around a curve or object becomes compromised. 

          That’s the reason behind the high rate of accidents involving speeding. As per the govt report of Speeding-Related Fatality Trends, California, about 29.1% of accidents in California were related to overspending in 2016. 

          2. Alcohol Or Drug Impaired-Driving 

          The second main reason for accidents is alcohol or drug-impaired driving. Both of these things can reduce the ability to concentrate on the road and sometimes even cause serious drowsiness, which is why an accident happens. 

          Due to the serious consequences, the Govt has made laws against driving under the influence of alcohol or drugs. Unfortunately, the results aren’t very reassuring. According to the California government, 52.9% of drivers involved in car crashes tested positive for drugs in 2021. 

          3. Neglecting Traffic Rules 

          Traffic rules aren’t only made to control or manage the traffic on the road but also for the safety of drivers. However, it’s commonly seen that drivers ignore rules whenever they think they can get away with it, leading to serious car accidents. 

          Some people don’t even wear helmets or use car safety belts, which also increases the number of fatalities. In 2021, the deaths of motorbike riders increased by about 9% from the previous year because they didn’t wear helmets while riding. 

          4. Poor Conditions of Road 

          The next reason that causes car accidents is the poor conditions of the road. Although the local government has strict criteria for the safety standards of the road, sometimes a lack of road signs, narrow lanes, weak lane markings, and potholes cause accidents. 

          If it happens to you or any of your family members, you can take legal action against the responsible party. For more information, you can get help from our MCCRARY law firm with free consultation. 

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          5. Drowsy Driving 

          Drowsy driving occurs when a driver hasn’t gotten enough sleep, which is especially common for those working long hours. This happens a lot with people who have driving jobs and can’t get enough sleep due to their workload.

          In such situations, accidents are more likely to happen because the driver feels sleepy or fatigued while behind the wheel. This is the main reason why the government has made laws about how many hours a driver can drive daily. 

          6. Teenage Drivers

          Another common reason for car accidents in Northern California is teenage drivers. According to a report, deaths resulting from teenage car driving (age 15 – 20) increased by about 14.8% in 2021, reaching 474 fatalities in California.

          The concerning aspect is that it remains a significant contributor to car accidents. Teenagers often lack proper driving training, which is a crucial factor in ensuring safe driving practices. Insufficient training contributes to the higher incidents of accidents.

          7. Car Fault 

          Car faults aren’t common because vehicle manufacturers have high standards for safety, but mistakes can happen. If it’s the case with you, like while driving your new car, some parts fail to work, and an accident happens, you can get legal help from lawyers for a product liability claim. 

          The lawyer will send a legal notice to the car manufacturer stating the defect or design flow of the car and the damage it has caused. If you prove in court that the injuries resulted from the car’s fault, the manufacturer will have to pay compensation for your loss. 

          Final Words

          In short, the answer to what is the main cause of car accidents in Northern California is that there are various reasons. The main causes include overspeeding, alcohol or drug-impaired driving, neglecting traffic rules, road conditions, teenage driving, car faults, and drowsy driving.

          In most conditions, the driver will be held accountable, like driving under the influence of drugs or neglecting traffic rules. But the driver can take the case to court if the accident happens because of the government's fault (poor road conditions) or the manufacturer's (car fault).

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            What Are Your Chances of Winning Disability With A Lawyer? 

            How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

            Home  »  BlogsPersonal Injury

            What Are Your Chances of Winning Disability With A Lawyer? 

            By  Dan McCrary | January 23, 2024

            The Department of Social Security Administration has introduced two programs SSDI and SSI for disabled people. Any citizens who meet the criteria for disability can receive financial assistance. 

            However, as stated it’s only for individuals who meet the criteria and follow the proper process which isn’t easy without lawyers. If you have a lawyer on your side, they’ll guide you about the rules and how you can get the aid. 

            To help you out and make your decision easy, we’ll discuss what are your chances of winning disability with a lawyer. This will help you determine whether it’s worth hiring a lawyer or you can file a disability claim yourself. 

            What Are Disability Benefits?

            Disability benefits as the name suggests are the benefits for individuals who are disabled physically or mentally and can’t work. In this situation, the government or its organizations step in and introduce programs that financially support the disabled individuals. 

            There are two main programs, Social Security Disability Insurance (SSDI) and  Supplemental Security Income (SSI). Both are to support disabled individuals but SSDI requires good work credits while SSI can be achieved with limited work history. 

            You can apply for both SSDI and SSI, but it’s crucial to understand their specific requirements. If you don’t meet the requirements, you won’t be eligible for the benefits or any financial assistance.

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            Chances of Getting Approved For Disability With A Lawyer

            Besides meeting the requirements, another point that increases the chances of getting approved for disability benefits is a lawyer. As per the audit institution GOA (Government, Accountability Office) of the United States: 

            “The variable for attorney representation indicates that, on average, the odds of allowance for claimants with attorney representation are 3.3 times higher than those for claimants with no representation.” (Report: SSA DISABILITY DECISION MAKING)

            This report clearly shows that having a lawyer can help you present your claim more effectively compared to going without representation. If you need legal assistance for your disability claim, you can contact our law firm MCCRARY for a free consultation. 

            5 Main Responsibilities of Disability Claim Lawyer

            It’s evident that having a lawyer on your side while filing a disability claim is beneficial but how? That’s what we’ll discuss below by explaining the duties your lawyer will perform to ensure you get approved for the disability benefits. 

            1. Guiding You For The Process 

            The main responsibility of a disability lawyer is to prepare their client for the process. They guide you about the legal issues, requirements, the overall application process, and what you can do in case the organization denies your claim. 

            2. Collecting Medical Evidences 

            The next responsibility is to make sure the disabled person meets the requirements of the disability program. They’ll also guide you about what medical evidence you need and from where you can get them for disability benefits. 

            3. Submitting Application 

            Once medical evidence and other documents like tax returns, or W-2 forms are prepared your lawyer will submit the application of claim. You can also perform this task by submitting an online application for SSDI and SSI. 

            4. Representation In Court

            If your application is approved, the court proceedings will begin. During these hearings, the judge will review your evidence. Your lawyer will represent you, presenting and explaining your medical records and making the case for why you are eligible for disability benefits.

            5. Repealing In Case of Denied Claim 

            While it’s uncommon to be denied disability benefits when you meet requirements, have lawyers and proper medical records. However, if it does happen, your lawyers will appeal again with strong evidence and reasons. 

            What Are The Chances of Winning Disability With A Lawyer? Final Thoughts

            The decision to involve a lawyer in your disability claim significantly impacts your chances of success. After all, lawyers are professionals who know the legal issues and the requirements of disability cases.

            Disability claim lawyers will not only guide you but they’ll also present and explain your medical records, making a compelling case for your eligibility for disability benefits. And in case a judge denies your claim, they’ll appeal again with stronger reasons.

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              What Percentage Do Lawyers Take For Personal Injury Claims?

              How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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              What Percentage Do Lawyers Take For Personal Injury Claims?

              By  Dan McCrary | January 19, 2024

              If you’ve been physically or emotionally harmed, or your reputation has been damaged, the best way to deal with it legally is by personal injury claims. Though these claims may not change what has happened, you can get fair compensation for your loss. 

              The main reason why individuals don’t choose this way is the lack of knowledge about the process and cost. It’s considered that lawyers take a lot of money for taking personal injury cases to defend you in court. 

              In reality, lawyers typically work on a contingency fee basis. This means they only get a specific percentage from the compensation you receive after winning the case. To give you a clear idea, we’ll break down the info about the percentage lawyers usually take for personal injury claims.

              What Is The Compensation For Personal Injury?

              In most cases, lawyers take fees or compensation for personal injury cases on a contingency basis. The simple definition of contingency fee is a specific percentage of the compensation which a lawyer receives only if they won the case. 

              No win means no fee. This is why it’s not difficult to claim compensation for personal injury in terms of finance. However, you’ve got to follow the case, provide evidence, and witnesses, which takes time and energy. 

              Example of A Contingency-Based Fee

              Suppose you receive the compensation amount of $50,000 in a personal injury case, and you and the lawyer decide on a 33% contingency fee. The lawyer would receive 33% of the $50,000, which amounts to $16,500. The remaining $33,500 would be your net compensation. 

              What Is The Highest Percentage A Lawyer Can Charge In Personal Injury Cases?

              The percentage lawyers charge in personal injury cases varies from case to case and client to client, but in general, it’s 33% of the compensation amount. It’s important to note that 33% is an average percentage; it can be high, like 40%, or low, depending on the lawyer. 

              If you feel that your lawyer is requesting a high fee or percentage of the compensation amount, it’s advisable to seek the opinion of other lawyers. You can contact MCC Law Firm; our experienced lawyers specialize in handling personal injury cases.

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              List of Expenses In Personal Injury Cases

              The lawyer’s fee isn’t the only expense in the personal injury case; it is the primary one. If you manage the fee with a contingency-based agreement, managing other expenses would be much easier. However, it’s still important to be aware of additional costs.

              • Court Fee: The first expense after the lawyer fee is the court fee. It varies from state to state, so it’s best to check the fee for personal injury cases in your state. 
              • Witness fee: The next is the witness fee. This fee holds significance according to the California Code, Government Code – GOV § 68093, which sets the fee at thirty-five dollars ($35) a day and ($0.20) a mile for travel costs.
              • Investigation cost: You may also have to hire a private investigator. For instance, in cases of accident injuries, the investigator might gather evidence such as CCTV footage and pictures to support your claim.
              • Documentation cost: This includes expenses related to the preparation and submission of necessary documents for your case, like medical reports, bills, loss of wages, and so forth.
              • Additional expenses: Apart from the cost mentioned above, you also have to be prepared for additional expenses that may occur, like postage fees, traveling costs, etc. 

              What Is The Success Rate For No-Win No Fee?

              The success rate for no-win fee cases depends on how strong your personal injury case is and whether you’ve evidence or not. If your case isn’t strong and you don’t have evidence to show your injury and financial loss, you might lose the case. 

              That’s why it’s important to gather strong evidence for your case that supports your injury claims. You can either conduct your own investigation or, for the best results, hire a professional investigator. 

              Professional investigators have the expertise to gather compelling evidence and witnesses to navigate the case. This step won’t only enhance your chances of success but also ensure that your case is presented with the utmost credibility.

              Conclusion

              What percentage do lawyers take for personal injury claims? The simple answer is most lawyers in California charge fees on a contingency basis. It means they'll ask for a specific percentage, usually 33% (it can be more or less) of the compensation amount.

              The best part about the contingency fee basis is If you don't win the case, you don't have to pay the lawyer fee. However, there are other expenses like court case filing fees, witness fees, and investigation costs that you have to bear.

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                Personal Injury Blogs

                What Happens If You Get Injured Outside of Work? [What To Expect?]

                How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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                What Happens If You Get Injured Outside of Work? [What To Expect?]

                By  Dan McCrary | January 16, 2024

                One question that concerns many employees is what happens if you get injured outside of work. Will you receive compensation, salary, and medical leave without losing your job, or these perks aren’t eligible for outside-of-work injuries

                The reality is if you get injured outside of work, you won’t be eligible for compensation. But it’s important to clarify that “outside of work” doesn’t mean outside of the office. It refers to times when you’re not officially working or off the job.

                In many situations, workers get compensation when they’re outside working for the company. To help you out, we’ll explain what worker injury compensation is in California and in what situations you can get compensation for injuries even if you’re outside of work. 

                What’s Worker Injury Compensation In California?

                As the name suggests, worker injury compensation is compensation for employees injured while working. It doesn’t matter whether you’re in the office or outside the office, like on a client site location or attending an official event. 

                What matters most is you’re not off the job. If an employee is off the job and at home or outside with friends and the injury happens, their health insurer will cover the cost of medical bills, not the employer. 

                For instance, if you’re a truck driver and have an accident while on the job, you can get work injury compensation. The same applies if you’re working for a company-sponsored event and get injured. As the law 1904.5 (a) says: 

                “You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.”

                When Is An Employee Not Eligible For Work-Related Injury Compensation?

                Here’s the list of injuries and illnesses that are not eligible for work-related injury compensation. If your injuries or illnesses come in any of the categories below, you might not be able to get compensation. 

                • Use of Drugs During Work: If an employee is under the influence of drugs during work and gets injured, the employer is not obligated to provide compensation.
                • Engaging in Unlawful Activities: Injuries resulting from involvement in illegal activities while working are also not eligible for work-related injuries compensation.
                • Harming Other Employees: An employee injured while attempting to harm others in the office cannot seek work-related injury compensation.
                • Neglecting Safety Rules: In many jobs, employees must adhere to strict safety guidelines. If an employee neglects these guidelines and is injured on location, the employer isn’t bound to provide compensation.
                • Self-Harm: Employees attempting self-harm in the office or workplace will not receive work-related injuries compensation.
                • Off-the-Work Injuries: Any injury occurring off the job is not covered by worker insurance, emphasizing the limitation of coverage to work-related incidents.

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                What Happens If Employees Are Injured Off The Job?

                If an employee is injured off the job, the employer isn’t responsible for providing work-related injury compensation. In this scenario, the worker’s medical bills and losses incurred during the accident will be covered by their health insurer. 

                The employee has to contact the health insurer for compensation. If the injury happened because someone else was careless, you could consider filing a personal injury claim or hit-and-run accident claim

                What Happens If You Can’t Return To Work After An Injury In California?

                If your injury occurred at work or during an official task, like attending an event or a meeting, you’ll receive compensation and benefits such as paid leave. In such cases, your employer can’t fire you because the injury happened while you were working.

                However, if the injury occurred outside of work and you can’t return to your job for a long period, your employer can terminate your job contract. But if it’s not a long period, you can ask for medical leave or alternative duties that you can perform even if you’re injured. 

                It’s also important to note that Labor Code section 230(c) prohibits employers from taking action against an employee who is a victim of domestic violence, sexual assault, stalking, or a crime causing physical or mental injury. 

                In such situations, employees have the right to take time off from work without fear of losing their jobs. If an employer unlawfully terminates the job contract under these circumstances, the employee can pursue legal action in court.

                Getting Injured Outside of Work - Final Words

                The simple answer to what happens if you get injured outside of work is that if you're off-duty, it is not the employer's responsibility to provide compensation. However, if you're outside but working, you can seek work-related injury compensation.

                Not to forget, reporting the injury within 30 days of the on-duty accident is crucial, and filing a claim for work injury compensation must be done within one year. Delays in these processes may affect your eligibility for compensation.

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                  Categories
                  Blogs Car Accident

                  Should You Move Your Car After An Accident? Learn Here!

                  How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

                  Home  »  BlogsCar Accident

                  Should You Move Your Car After An Accident? Learn Here!

                  By  Dan McCrary | December 16, 2023

                  The question of should you move your car after an accident often comes to mind. There’s a common belief that you shouldn’t touch anything in accident cases until the police arrive, and that’s true to some extent. 

                  However, if your car is blocking traffic or causing a roadblock, moving it to a safer spot is okay, but there are some exceptions. In some cases, you shouldn’t move your car or even a small object from the accident scene even if the road is blocked. 

                  To help you, we’ll answer the exceptions in which moving your car from the accident scene creates a legal issue and what exactly you should do after a car accident. So, let’s get into the details below! 

                  Is It Illegal To Move Your Car After an Accident?

                  Fortunately, there’s no obligation from the law for you to move your car to a safe place after an accident; it’s also a recommended step. By doing this, you’ll make sure traffic remains in flow, preventing road congestion. 

                  According to California Vehicle Code Section 20002

                  “The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.” 

                  The police and ambulance for medical help can also reach you on the spot easily if there’s no traffic jam on the accident road. Moreover, this step reduces the risk of another accident due to the roadblock.

                  The best places to move your car after an accident are parking spots or the shoulder of a highway. But remember, it’s not necessary; your safety and health always come first. If you cannot move or feel pain, it’s advisable to wait for medical help.

                  Once medical help comes, explain your situation to them, ensure you’re in good health, and then proceed to move your car. The law doesn’t force an injured person to move their vehicle until they are physically able to do so.

                  When To Not Move Your Car After An Accident?

                  Besides your health, there are many other situations in which you shouldn’t move your car after an accident. Otherwise, you may face legal consequences because moving a car in particular situations can risk your or others’ lives. 

                  1. Totalled Car: The first situation in which you shouldn’t try to move the car is when it’s totalled completely or running improperly. In these situations, the car isn’t safe to move, and it might lead to another dangerous accident. 
                  2. Unstable Road: In some cases, the debris of the car crash comes in the way while parking the car in a safe place. If this is the situation, you shouldn’t move the car because while doing this, you might get injured. 
                  3. Explosion Hazard: A strong gasoline smell inside or near the car means the fuel tank is leaking. It’s dangerous as a leaking fuel tank could lead to an explosion or fire. Hence, you should better stay away from the car. 
                  4. Death or Serious Injury: If you or the driver in the other car is seriously injured or someone died due to the accident, don’t move the car. Doing so can mess up the evidence and make injuries worse.

                  Have a question?
                  We’re here to help 24/7.
                  Call or Text Us Now (855) 752-6326

                  What To Do After A Car Crash: 3 Simple Safety Steps

                  Now you know when you should move the car and in which situations, let’s focus on what you should do besides that. Below, we’ll explain the three simple steps that ensure your safety and save you from potential legal issues in car accident cases. 

                  1. Prioritize Your Health 

                  The first and most important step is to prioritize your health. Make sure you and the other driver are safe, and there are no serious injuries. If someone is injured or feeling severe pain, call 911 for medical assistance.

                  2. Contact Local Police 

                  While waiting for medical help, contact the police and officially report the car accident. Remember to document the accident by taking pictures and videos. This documentation can assist a car accident lawyer to prove who was at fault to insurers or a judge in court.

                  3. Exchange Contacts 

                  Lastly, exchange contact information with the other driver. If there’s no driver present, leave a note with your phone number and email. It ensures the driver can reach you, and both parties can work towards a mutual settlement to cover financial losses.

                  Conclusion

                  Whether you should move your car after an accident depends on the circumstances. If everyone is safe, including you, with no severe injuries, there's no issue with moving the car. In fact, it's recommended by the law (California Vehicle Code Section 20002).

                  However, if you're injured, someone has died, the car is totaled, the road is unstable, or fuel is leaking from the car, it's best to stay away from the car. In these situations, moving the car can lead to another mishap.

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                    Categories
                    Blogs Personal Injury

                    Typical Attorney Fees For Personal Injury – Is It Worth Hiring?

                    How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

                    Home  »  BlogsPersonal Injury

                    Typical Attorney Fees For Personal Injury – Is It Worth Hiring?

                    By  Dan McCrary | December 12, 2023

                    It’s a common misconception that hiring a personal injury lawyer is super expensive. Reality is the exact opposite of what we think. Yes, personal injury lawyers are expensive, but you don’t really have to pay a big fee to start the case. 

                    The typical fees for personal injury are usually charged on a percentage basis. Once the case is won, the lawyer takes a cut based on the agreed-upon percentage, leaving you with the remaining settlement amount.

                    For your help, we’ll cover what percentages lawyers charge and whether it’s worth it to hire an attorney. You’ll also get the answer of what you should consider before hiring a personal injury lawyer. So, let’s get into the details. 

                    What Percentage Do Most Personal Injury Attorneys Take?

                    As stated, personal injury lawyers usually charge on a percentage basis, also known as a contingency fee. This means instead of a fixed fee or upfront amount, the lawyer will ask you to agree upon a specific percentage of the settlement amount. 

                    In most cases, the percentage of contingency fees varies between 25% and 40%, but it can be higher or lower depending on the severity of the case. The lawyer will charge a fee after you win the case and get the settlement amount. 

                    Here’s a simple example of a contingency fee: 

                    • Suppose you and your lawyer agree upon a 20% contingency fee. 
                    • You get the settlement of $20,000. 
                    • $20,000 x 0.30 = $6,000 will be the lawyer fee. 

                    In short, you don’t need a big budget to hire a personal injury lawyer in California law firms, including ours (MCCRARY Law Firm). However, you must bear expenses like case filing fees, investigators or witnesses expenses or any additional costs. 

                    Is It Worth Hiring A Personal Injury Attorney?

                    Yes, it’s worth hiring a personal injury attorney. The reason behind backing up the statement is that it’s almost impossible to make the insurer company agree on a fair settlement amount that includes all your medical bills and lost income. 

                    Without an attorney, the insurance company might try to settle with you for a smaller amount. They might even try to shift all the blame onto you, making it seem like the accident was your fault. 

                    These victim-blaming tactics sometimes lead the injured person to accept a lower settlement, thinking that going to court and paying for an attorney is too expensive. That’s why you must hire a professional attorney to handle your personal injury settlement case. 

                    Your attorney will ensure you’re not exploited and receive the rightful compensation. Remember to complete the hiring process as soon as possible because the older your injuries get, the more challenging it will become to secure a fair settlement.

                    Have a question?
                    We’re here to help 24/7.
                    Call or Text Us Now (855) 752-6326

                    What Should I Consider Before Hiring A Personal Injury Lawyer?

                    While it’s important to hire an attorney promptly, it’s equally crucial to ensure you’re choosing the right one. Check these four points to determine if the attorney you’re considering is the best fit for your case.

                    1. Do A Bit of Research 

                    The first important thing to do before hiring a lawyer is research. Search the lawyer’s name on Google or social media to find out what other clients say about the attorney or the law firm for their services. 

                    2. Decide The Fee 

                    Always discuss the fee for the case in the initial meetings. In general, attorneys charge up to 33.33% of the recovered amount, but the exact percentage can vary. The contingency fee can be high or low, depending on the injury case. 

                    3. Case Expenses Cost

                    Besides the contingency fee, consider the cost of case expenses. There are two possibilities: either you cover the case expenses, or the attorney/law firm handles them for you and deducts the amount from the settlement. 

                    4. Practice Area of Attorney

                    Check if the attorney specializes in personal injury cases. Lawyers often focus on specific areas of law like car accident cases, traumatic brain injury etc. You should select an attorney who has dealt with similar cases before and has a good winning record.

                    Conclusion

                    The typical attorney fee for personal injury is between 20% and 40% of the settlement they help you recover. It's a contingency fee, meaning they only charge if they successfully get money from the insurer.

                    If there's no recovery, you don't have to pay the attorney. But remember, there are other expenses you might have to cover, like case filing fees, professional opinions, witness expenses, investigator costs, and more.

                    FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
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