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A Guide To Getting Compensation For Lost Wages [Personal Injury Case]

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A Guide To Getting Compensation For Lost Wages [Personal Injury Case]

By  Dan McCrary | March 2, 2024

Yes, you can get compensation for the loss of wages in a Personal injury case, but it’s crucial to have a solid foundation for your claim. You must be knowledgeable about what type of financial loss (loss of wages) can be included. 

You also have to calculate the amount you’ve lost in wages during the period of your injury. Then, it’s also important to gather strong evidence that shows your financial loss to support your personal injury claim. Seems difficult, right? 

Fortunately, you don’t have to worry about the topics mentioned above. We’re here to address questions such as whether you can get compensation for lost wages in personal injury cases, how much time it will take, and how to calculate the loss accurately.

What Are Lost Wages In A Personal Injury Case?

When we talk about the loss of wages in a personal injury case, it means the financial loss you’ve suffered, the amount you could’ve earned but failed to earn all because of injury. Below, you can read a more detailed explanation of it: 

  • Regular Salary: The primary consideration for calculating lost wages should be your regular salary. This means the days or hours you were unable to work due to your injury, resulting in missed opportunities for earning.
  • Salary Raise or Promotion: If you’re absent from work due to hospitalization or severe injuries, it could impact your chances of getting a salary raise or promotion. If this happens to you, you can factor it into your lost wages.
  • Bonus or Commissions: Any bonuses or commissions that you could have earned like your co-workers but couldn’t because of the injury can also be included in a lost wages claim.
  • Overtime or Sick Days: Always include the overtime hours you’ve missed and the financial loss you’ve suffered, including the sick days that could be used for spending time with your family.  
  • Vacation Days and Perks: Don’t overlook the vacation and perks you’ve missed due to your injury. Be sure to request compensation for both points to ensure you receive fair compensation. 

How Do You Calculate Loss of Wages In Personal Injury?

Calculating the loss of wages for personal injury cases isn’t tricky, but you’ve to select what you want to include. Once you choose what you’ll include, like salary loss, overtime loss, bonus, and so forth, you can calculate the loss following the ways mentioned below. 

Calculate The Loss For Salaried Employee

Figure out your yearly salary and the days you’re supposed to work in a year. To get the estimate of daily income, divide your annual salary by the number of working days. Then, multiply your daily wage by the days you were absent from work.

Here’s an example: 

Annual salary: $50,000 

Number of working days in a year: 250

Total days you’ve missed at work due to injury: 10 days 

$50,000 (yearly income) / 250 (working days) = $200 per day salary 

$200 (per day salary) x 10 (days you’ve missed at work) = $2,000 (Total loss). 

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Calculate The Loss For Self-Employee

Calculate how much you used to earn on average yearly by checking the bank statement of the last few years. Divide the yearly income by the days you work in a year to find out the daily earnings. Multiply the daily earnings by the days you didn’t work due to injury. 

Here’s an example: 

Average yearly income: $60,000

Number of days worked in a year: 300 days

Total days you’ve missed at work due to injury: 15 days 

$60,000 (yearly income) / 300 (working days) = $200 (per day earning)

$200 (per day earning) x 15 (days you’ve missed at work) = $3,000 (Total loss).

Calculate The Loss As Per Hourly Job

If you’re employed on an hourly basis, begin by determining your pre-accident hourly wage. Then, calculate the number of hours you missed due to the accident. You can find this by finding the daily working hours and multiplying by the number of days you’ve missed at work.

Here’s an example:

Pre-accident hourly wage: $15 per hour

Average working hours per day: 8 hours

Number of days missed due to injury: 5 days

(To calculate the hours missed, multiply the daily working hours by the number of days you were absent at work).  

8 hours (daily working hours) x 5 days = 40 hours

(If your pre-accident hourly wage was $15 per hour and you missed 40 hours of work, the calculation would be):

$15 (per hour earning) x 40 (hours you’ve missed at work) = $600 (Total loss).

How Long Does It Take To Get Lost Wages From A Car Accident?

The duration of recovery from lost wages from a car accident varies depending on the specifics of the case. If the case is complex and both parties have strong evidence and don’t want the settlement, it could extend over several months or even longer.

Alternatively, the case can also end in a few weeks if one party accepts the claim of the other one. However, it’s crucial to note that you also need time for the case investigation, gathering proof, and medical evidence. 

Final Thoughts

The simple answer to Can you get compensation for lost wages in a personal injury case is YES! It's possible to get compensation for your loss of wages, but also remember you need to prove to the court that you've suffered the losses due to the injury.

Failing to prove your loss due to injury could weaken your position against the opposing party in the court. We would advise you to hire an experienced personal injury lawyer so they can represent your case professionally with the strongest possible arguments.

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    Filing Personal Injury Claim Against A Government Entity – Is It Possible?

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    Filing Personal Injury Claim Against A Government Entity – Is It Possible?

    By  Dan McCrary | March 1, 2024

    A personal injury claim means asking for compensation for pain and suffering that you’ve faced because of someone else’s mistake. While such claims are common, the question arises: Can you file a personal injury claim against a government entity? That’s’ we’ll find out today. 

    Mistakes and mishaps are part of life; anyone can cause them, not just ordinary citizens. At times, accidents occur solely due to errors made by government entities. If this has happened to you, don’t worry about it. 

    This article will answer whether it’s possible to file a personal injury claim against an entity and, if yes, do you need a lawyer. We’ll also explain the laws that allow a citizen to hold a government entity accountable in case of loss so you can understand everything better. 

    Is It Possible To File A Personal Injury Claim Against Govt Entity?

    Yes, it’s possible and legally permissible to file a personal injury claim against a government entity, provided you have valid evidence establishing their responsibility. You can’t just blame the government solely based on your perspective.

    If you possess evidence such as witnesses, medical reports, or footage indicating the government employee’s liability, acts like the Federal Tort Claims Act and The California Tort Claims Act (CTCA) allow personal injury claims. 

    However, there are some rules regarding which situation the Govt entity would be responsible for. For example, the federal government can only hold you accountable if you were injured or property was damaged by a federal employee, not a local government employee. You can read more details about it below. 

    Federal Tort Claims Act (FTCA) & California Tort Claim Act

    The Federal Tort Claims Act and the California Tort Claims Act empower the public to hold government entities accountable for wrongful actions leading to accidents. The FTCA applies to federal employees, while the California Tort Claims Act applies to employees of California govt.

    For residents of other states, it’s essential to research their state laws regarding personal injury claims against government entities. Under the Federal Tort Claims Act, certain conditions must be met to hold the federal government accountable:

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    If you live in any other estate, research state laws regarding personal injury claims against government entities. Under the Federal Tort Claims Act (FTCA), certain conditions must be met to hold the federal government accountable:

    • The injury or property damage must be caused by the employee.
    • The employee must have been acting within the scope of duty.
    • The employee’s actions must have been negligent.

    The same case is for the California Tort Claim Act (CTCA), which also has some conditions. Besides these conditions, both acts require the victim to provide documented evidence that supports their personal injury claims.

    • A dangerous accident occurs on public property.
    • If the accident was caused by an employee.
    • The employee was acting within the scope of duty.

    Statute of Limitation For FTCA & CTCA 

    The statute of limitation means the duration of time a victim can claim for personal injury or damage. According to the Federal Tort Claim Act (FTCA), victims have a two-year time limit from the date of the accident to file their claim.

    Similarly, the California Tort Claims Act (CTCA) also imposes a two-year time limit. However, there’s a crucial point: victims must inform the federal or local public entity timely (within six months) with a written application detailing the injury or financial damage incurred.

    Can I File A Personal Injury Claim Against The Government Without A Lawyer?

    Yes, you can file a personal injury claim against the government without a lawyer, a process called Pro Se, but you might face a lot of issues. Personal injury cases require evidence, investigation, and a deep understanding of legal principles. 

    Without knowledge of the basics of law and how to present a case with strong evidence, you may struggle to persuade the opposing party. This is why it’s important to hire a personal injury lawyer. They can take the burden from your shoulders and ensure you succeed. 

    Final Words

    It's legally permissible for a citizen of a country or state to file a claim against the government if they're responsible for the loss. However, to prove this claim, you need solid evidence and statements from witnesses.

    It's also important to understand the federal government and the local government. As a victim, you can only hold the federal government accountable for their employee; if the accident were caused by your state police, the federal government wouldn't be responsible for it.

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      The Role of Insurance In Personal Injury Claims [Key Insights]

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

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      The Role of Insurance In Personal Injury Claims [Key Insights]

      By  Dan McCrary | February 28, 2024

      Insurance companies are important for personal injury claims. They provide the financial support outlined in an insurance policy to compensate victims. However, obtaining this compensation involves a detailed process.

      The first step is a personal injury claim must be filed then the accused party notify their insurer agent and then the investigation process comes. The investigator also known as the claims adjuster will conduct a thorough investigation and proceed with the further steps.

      If the claim is valid, the insurance company will pay for the compensation. In case of a fake claim, the case will be denied. Below we’ll explain what’s the role of insurance companies in personal injury claims in more detail. Make sure to read until the end!

      Role of Insurance Companies In Personal Injury Claims 

      In simple terms, an insurance policy is a legal agreement where one party, the insurance company, promises compensation in case of a specific loss. This compensation can be for the policyholder or someone harmed due to the policyholder’s negligence.

      Various types of insurance policies provide support for personal injuries. If someone in California is injured in a car accident, they may receive compensation through liability insurance which is necessary as per California law.

      If an accident occurs on someone else’s property, such as while working, compensation will be paid from the Business and Home owner’s insurance. Similarly, individuals who are injured at their workplace will receive compensation through worker’s compensation insurance.

      No matter what type of insurance is, the process for receiving claim money is typically the same. The insurance company investigates the accident upon receiving the claim request and then decides whether to deny, accept, or offer a different compensation amount.

      How Do Insurance Companies Handle Personal Injury Claims?

      Below you can read the steps the insurance company takes after the policyholder notifies them about the personal injury claim. The process will be supervised by the claim adjuster of the insurance companies.

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      Investigation Process

      The job of the claim adjuster begins with the investigation of the accident case. The claim adjuster thoroughly checks all the evidence, your statement, and the CCTV footage videos of the accident scene.

      After gathering the evidence the claim adjuster may also ask you for an interview to gather your perspective on the accident. You will be asked to provide the medical bills, proof of loss of wages, and your overall financial loss.

      Assessment of Compensation 

      The evidence you’ve provided to the claim adjuster will help understand the seriousness of the accident and how much you’ve suffered. Then they’ll assess a compensation amount according to their policy and the case details. 

      It’s important to be aware that sometimes insurance companies try to shift blame onto the victim, undermining their confidence in the case. If you find yourself in this situation, it’s advisable to seek legal representation from a personal injury lawyer to negotiate on your behalf.

      The Decision For The Claim

      In the last step, the insurance company makes a decision regarding the validity of your personal injury claim. Upon confirming the legitimacy of your claim, they will compensate you for your losses or deny the claim.  

      If you think the insurance company did an injustice by denying your claim you have the right to appeal. In case the appeal is unsuccessful, you can take the case to court. In court, a judge will determine responsibility for the accident and whether your claim is justified.

      3 Proven Tips To EnSure You Receive Rightful Compensation

      Here are a few tips that we suggest the injury victims follow to receive rightful compensation. By following the tips you can increase the likelihood of receiving the fair compensation you deserve for the personal injury claim.

      • Document Your Case: Timely documentation of the accident is a crucial point. It’s best to complete this task within 24 hours of the incident, as evidence from the accident scene can quickly vanish over time. 
      • Keep Records of Your Financial Loss: You should always keep records of your finances. The evidence that can be used to prove loss are hospital bills, proof of lost wages, damage to your vehicle or property, and other related expenses.
      • Don’t Accept Early Offers: It’s common for insurance companies to offer lower settlements after investigating the case. You should not accept these early offers without consulting the case with an experienced lawyer.

      Insurance Company Role In Personal Injury Claim: Final Thoughts

      The role of insurance companies in personal injury claims is crucial as they pay the compensation on behalf of the responsible party. The responsible party informs their respective insurance company about the claim upon receiving the legal notice.

      Afterward, a claim adjuster of the insurance company investigates the accident case to find out who is at fault. If their insurance policyholder proves to be responsible they pay for the loss or offer another compensation amount.

      However, there's a third scenario where the insurer may deny the personal injury claim due to insufficient evidence against the responsible party. In such cases, the personal injury case typically goes to court for a final decision

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        5 Clear Indicators of A Skilled Personal Injury Lawyer

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        5 Clear Indicators of A Skilled Personal Injury Lawyer

        By  Dan McCrary | February 25, 2024

        Personal injury lawyers are important to hire if you’ve encountered an accident, which has caused injury, financial loss due to someone else’s negligence. The lawyer will help you file the claim for fair compensation. 

        Although it’s legally possible to follow up the case filing process and represent yourself in the court without hiring a lawyer, it’s not an easy way. Without knowledge of law, you’ll not be able to prove your claim and the other party can win the case easily. 

        This is why the best you can do for your case is to hire an experienced lawyer. For your help, we’ll discuss the five signs of a good personal injury lawyer which will help identify a lawyer who possesses the essential skills and dedication for the case.

        5 Signs of A Good Personal Injury Lawyer

        Here are the five key signs of a good Personal Injury lawyer. These points are the most basic qualities that the lawyers should have. You can add more points according to the requirement of your case and extend the criteria. 

        1. Trial Experience & Expertise 

        The first clear indication of a good lawyer is the trial experience and expertise in dealing with personal injury cases. Many people may not be aware, but the legal profession involves numerous practice areas, each requiring specialized knowledge and skills.

        Lawyers typically focus on specific areas and hone their skills by taking cases in the same field. If you want to win the case it’s crucial to prioritize lawyers who have practiced in the areas like product liability, insurance defense and have a proven track record of trial experience. 

        Besides the trial experience, you should also ask the lawyer about the success rate of the cases. Lawyers who have a history of securing favorable outcomes in personal injury cases are more likely to win your case as well.

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        2. Client-Centered Approach

        If your lawyer’s approach is client-centric, congratulations as you’ve found the best lawyer for the case. You can easily find out about the client centric approach during the consultation period of the case. 

        Ask questions like how the lawyer will handle your case, update you, and the services they offer. The answer to these questions will tell how good a lawyer is, whether they’ll be able to provide exceptional service or not. 

        3. Strong Communication Skills

        Effective communication is a non-negotiable attribute for a good lawyer. Many lawyers lack the ability to listen attentively or provide clear solutions during consultations, which is a clear red flag most individuals avoid. 

        If you’ve noticed the red flag of lack of communication it’s best to not hire the lawyer. Hiring someone who struggles to communicate effectively can easily jeopardize the success of your personal injury case.

        4. Availability of The Lawyer & Team 

        The fourth indication of a skilled lawyer be it a personal injury or any other area is the availability. Remember you’re not only the victim of the case but also a client to the lawyer. Therefore, it’s the lawyer’s responsibility to be accessible and responsive to your concerns. 

        If your lawyer isn’t available, there should be someone else from their team whom you can turn to for assistance. In our Law Firm at MCCRARY we offer 24/7 free case evaluation for our clients, and a free consultation for the first time. 

        5. Compassion For Your Case & Fee 

        Another important sign you should look at the lawyer is how much compassion the lawyer has for your loss or it’s only about the case. A lawyer who’s spending time understanding your loss, and offering the solution is likely to provide a better service.

        Also, don’t forget to consider the fee structure. Opting for lawyers who handle cases on a contingency fee basis can be advantageous. This arrangement not only shows lawyer confidence in the case’s success but also relieves you from the burden of hefty upfront fees.

        Final Words

        We’ve discussed the five signs of a good personal injury lawyer. Now it’s time for you to check all the lawyers on these basic points. Evaluating lawyers against these points will provide you with a thorough understanding of whether they are the best fit for your case.

        You can consider scheduling a free consultation with our MCCRARY Law Firm personal injury lawyer. If visiting our office is not feasible for you, our team will accommodate your needs by arranging consultations at your home.

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          Should You Hire A Lawyer For A Personal Injury Case? [6 Valid Reasons]

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

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          Should You Hire A Lawyer For A Personal Injury Case? [6 Valid Reasons]

          By  Dan McCrary | February 21, 2024

          Personal injury lawyers can help in cases where a person has encountered an accident due to someone else’s negligence. These accidents may include motorcycle or car accidents, incidents resulting from faulty products or machinery, and so forth.

          Regardless of the type of accident, if you believe your injury resulted from another party’s negligence and caused your injury, you have the option to file a personal injury claim. You can choose to navigate the entire process on your own or hire an experienced lawyer.

          We would suggest hiring a personal injury lawyer. Lawyers guide you through the legal process and ensure that you win the case. Below you can explore more reasons why you should hire a lawyer for your personal injury case in Northern California.

          Can You Win A Personal Injury Case Without A Lawyer? 

          Legally, yes, you have the right to file a personal injury claim and represent yourself in court. However, to successfully pursue a case in court requires thorough investigation, evidence gathering, and an understanding of legal procedures.

          Most importantly, each step demands time, from documenting the accident scene to obtaining medical records. If you don’t have time to spend on the investigation and research process it would be impossible to win the case. 

          Even a minor mistake or procedural error can weaken your case, potentially benefiting the opposing party’s lawyer. This is why it’s highly advisable to seek help from the expertise of a professional personal injury lawyer.

          6 Reasons To Hire Personal Injury Case Lawyer In Northern California 

          Here are six reasons to hire a personal injury case lawyer. By considering these reasons, you can decide whether you need an experienced lawyer for the settlement claim or if you can handle the case yourself.

          1. Guidance For The Case 

          The most beneficial point of hiring a personal injury lawyer is that they’ll guide you throughout the case, such as about the statute of limitation and the likelihood of winning. This guidance is invaluable and cannot be obtained from internet sources or books.

          Lawyers have the knowledge and experience of winning cases. They can easily assess the strengths and weaknesses of your case, as well as advise you on the appropriate settlement (compensation amount for your financial losses).

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          2. Assist Determining Settlement Amount 

          Personal injury lawyers also help determine how much compensation you should seek in a settlement. They carefully examine all the details of your case, such as medical records, car repair bills, and hospital records.

          After reviewing every aspect of your case, lawyers provide advice on the appropriate amount to request as compensation. Lawyers ensure that the claim is neither excessive nor insufficient but accurately reflects what you’ve lost.

          3. Negotiate On Your Behalf

          In almost every personal injury case, the other party’s lawyer or the insurance agent proposes settlement offers, which isn’t a problem if the offer is fair. The issue with these initial offers is they tend to be the bare minimum.

          Insurers or lawyers may attempt to shift blame to you or claim the settlement amount is unreasonable. This is where having a lawyer can help as they’ll negotiate on your behalf based on evidence and secure a fair settlement.

          4. Help Gathering Evidence 

          One of the biggest challenges for accident victims who want to represent themselves in court without hiring a lawyer is gathering evidence. Not everyone knows which evidence can be helpful in the case and how to collect it effectively.

          However, with a lawyer by your side, this hurdle becomes much easier to overcome. Lawyers have the expertise to identify the types of evidence important to your case, whether it involves obtaining CCTV footage, capturing post-accident photos, or securing witness statements.

          5. Present Your Case Professionally

          After guiding you through the legal process, determining the settlement amount, and gathering evidence, personal injury lawyers also present your case in court. This is a crucial aspect of their role, as it influences your chances of winning the case.

          It’s an important process because the opposing party will also have legal representation advocating on their behalf. If you don’t have a lawyer, your claim may be vulnerable to counterarguments, which will potentially weaken your case.

          6. Peace of Mind For Accident Victims

          The last and most important reason to hire a lawyer for a personal injury case is for peace of mind. Having a lawyer by your side means you won’t have to worry about the legal process anymore. Your lawyer will always be there to provide guidance and support.

          Many lawyers in Northern California operate on a contingency basis, adding to your peace of mind. This means you don’t have to concern yourself about paying upfront fees. Instead, your lawyer will receive a percentage of the settlement amount (only if they win your case).

          Hiring Personal Injury Lawyer: Final Words

          Should you hire a lawyer for a personal injury case in Northern California? Yes, it’s advisable to hire an experienced lawyer for a personal injury case. Your lawyer will guide you through the case, prepare a strong case, and present it in court, tasks that are challenging to do alone.

          If you're unsure where to turn, consider consulting with a personal injury lawyer from our MCCRARY Law Firm. We offer free initial consultations and services on a contingency fee basis, which means we’ll not charge a fee until we win your case.

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            6 Types of Evidence Needed To Win Personal Injury Claim 

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

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            6 Types of Evidence Needed To Win Personal Injury Claim 

            By  Dan McCrary | February 19, 2024

            Proving personal injury claims is one of the most difficult tasks, which is impossible unless you have sufficient proof. The proof must be valid as per laws; otherwise, the lawyer of the opposing party can easily weaken your case. 

            The main issue is only legal experts know what proof can be served as solid evidence in the court. And if someone decides to navigate the claim without a lawyer’s help, they get confused and often misled due to having little knowledge. 

            However, this issue can be solved with this guide as we’ll explain what evidence is needed for a personal injury claim. We’ll also discuss the limitation period for the claim so you can file the case at the right time and get fair compensation.

            What Evidence Do You Need To Prove A Personal Injury Claim?

            There are different types of evidence you need to prove a personal injury claim. For example, medical reports of injury, hospital bills, and evidence to prove that the accident happened due to the negligence of someone. You can read more about the evidence below:

            1. Injury Evidence 

            The most important evidence is the medical reports of the injury. These reports provide insights into the severity, level of discomfort, and repercussions of the injury inflicted upon your life. 

            Also, make sure to include reports about disabilities caused by the injury (if any). The disability could be temporary or permanent. What matters is whether you have evidence to show it happened due to the accident or not.

            2. Eye Witnesses Statements

            An eyewitness statement is also important for personal injury claims. The eyewitnesses provide firsthand accounts of what occurred during the accident, supporting your evidence and perspective, which makes your case stronger. 

            However, it’s also important to communicate with witnesses about potential court proceedings. Only involve them in the case if they are willing to testify in court when necessary. For this process, you may also need to cover their travel expenses.

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            3. Evidence To Prove Negligence 

            In a personal injury claim, the victim demands compensation from the party who is responsible for the accident. However, you can’t just simply allege someone guilty of the accident without strong evidence. 

            The evidence of proving negligence depends upon the case. For example, in the case of a machine malfunction, a report regarding the machine’s condition is needed. If the accident resulted from a driver’s negligence, witness statements or CCTV footage are important.

            4. Victim Statement 

            Along with the evidence mentioned above, you should also attach the victim’s statement (your statement). The statement will detail your perspective about what happened before or during the time of the accident. 

            It’s a crucial part, so ensure to include all details while recording the statement. For a comprehensive statement, legal experts suggest taking notes of the memories of the accident. This is because it’s common for victims to forget the details after some time.

            5. Police Reports 

            The first government official who comes to the injured person is typically the police. They arrive at the accident scene to document the incident, capture photos, and videos, and obtain victim statements. 

            After acquiring all of these details, police create a detailed report. This report can be helpful to prove your claim as it includes every little detail. You can take the report copy by visiting the police department and paying between $15 to $20 fee (depending upon the type of report).

            6. Evidence of Financial Loss 

            The sixth important piece of evidence that could be helpful for the personal injury claim is the proof of financial loss. If you were hospitalized or recovering at home due to your injury, you can use the records to show your loss of wages and ask for fair compensation. 

            You can bank statements reflecting decreased income. Records of missed work days resulting in lost wages, or any documentation like hospital bills that show the financial impact of your injury can also be used as evidence. 

            Limitation Period For Personal Injury Claims In California

            It’s crucial to note that every state sets a deadline for filing personal injury claims. This deadline is known as the limitation period, which can be one year or more depending upon the state you live in. After this time, it becomes challenging to gather evidence to support the claim.

            In California, the limitation period is specifically three years from the date of the accident. If your injury occurred more than three years ago, you may not be eligible to seek compensation from the at-fault party, and the claim won’t be valid.

            Seek Legal Expert's Advice: Final Thoughts

            There are multiple types of evidence you need to prove the personal injury claim. The evidence includes injury reports, hospital bills, eye witness statements, victim statements, police reports, financial loss reports, and evidence to prove negligence.

            Having all these proofs can make the case stronger, holding the opposing party accountable for your losses. If you're unsure about anything, reach out to our law firm for free consultations with experienced personal injury lawyers.

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

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

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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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                Categories
                Motorcycle Accident Blogs Personal Injury

                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!

                Home  »  Motorcycle AccidentBlogsPersonal Injury

                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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                  Categories
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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!

                  Home  »  Personal InjuryBlogsCar Accident

                  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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                  Call or Text Us Now (855) 752-6326

                  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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                    Categories
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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!

                    Home  »  BlogsLatest News

                    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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