Author: Kohan & Bablove Injury Attorneys

Car accidents can be traumatic experiences, and dealing with insurance companies afterward can add to the stress. The insurance company’s main goal is to minimize its financial liability, which may not always align with your best interests as the policyholder. 

As such, it’s essential to understand your rights and responsibilities as a policyholder and know how to tell if the insurance company is treating you fairly. Here’s what you need to know about determining whether your insurance company is acting fairly toward you and your claim. 

Understanding Your Insurance Coverage After an Accident

Automobile insurance is mandatory in most states and is designed to provide coverage for damages and injuries resulting from car accidents. Your insurance policy will outline the types of coverage you have, including liability, collision, and comprehensive coverage.

Your insurance policy will also specify your financial responsibility in the event of an accident, including your deductible and policy limits. Your deductible is the amount you pay out-of-pocket before your insurance kicks in. Policy limits are the maximum amount that your insurance company will pay out for a claim.

It’s also important to note that insurance companies are businesses and their primary goal is to make a profit. This means that they may try to minimize payouts or deny claims altogether if they believe it will benefit their bottom line. If you feel like your insurance company is not treating you fairly after an accident, there are steps you can take to protect yourself.

The Hard Truth: Insurance Companies Are Working for Their Own Interests

During the investigation process, it is important to remember that insurance company partners such as adjusters and investigators are working for their interests rather than yours. While they may seem friendly and helpful on the surface, their ultimate goal is to minimize payouts on claims.

This means that they may use tactics such as downplaying injuries or damages sustained in an accident in order to reduce payouts. They may also try to pressure you into accepting a settlement offer that does not fully compensate you for your losses.

Accusations of bad faith can arise when an insurance company fails to act fairly and honestly toward its policyholders. Some examples of bad faith accusations include:

• Failing to investigate a claim properly
• Refusing to pay a valid claim without justification
• Delaying payment on a valid claim without justification
• Offering an unreasonably low settlement amount
• Misrepresenting policy provisions or coverage limits

Do Insurance Companies Try to Lowball You After an Accident?

Yes. Insurance companies are profit-driven businesses that routinely try to lowball accident victims. Their primary goal is to minimize payouts and maximize corporate profits. Immediately after a collision, a hostile insurance adjuster may offer a quick, lump-sum settlement before you even know the full extent of your physical injuries. These early offers rarely account for future medical treatments, ongoing rehabilitation, or long-term lost wages. They gamble on your financial stress, hoping you will sign away your legal rights. Never accept an initial offer without consulting Kohan & Bablove Injury Attorneys. A seasoned lawyer will always safely protect your entire claim.

Red Flags: Recognizing When an Insurance Settlement Offer is Too Low

An initial insurance offer is too low if it arrives within days of your accident, well before your medical treatment is even complete. Other major red flags include settlements that fail to cover future medical expenses, completely ignore your pain and suffering, or fail to fully reimburse your total lost wages. Never let a pushy adjuster pressure you into signing away your legal rights prematurely.

Common Signs of an Insurance Lowball Offer

Insurers rush to settle your car accident claim before your injuries are fully known. Red flags include immediate offers made within days of the crash, disregard for future medical care, or failing to cover lost wages.

How to Counter an Insurance Lowball Offer Step-by-Step

To successfully challenge a weak payout, you must follow a strategic approach:

• Reject in Writing: Inform the adjuster their initial offer is unacceptable.
• Gather Evidence: Compile medical bills, lost income proof, and repair estimates.
• Draft a Counteroffer: State a justified demand supported by documentation.

What Happens When You Reject an Insurance Settlement Offer?

Rejecting an offer restarts negotiations. The insurer must review your claim based on your new evidence. Trust Kohan & Bablove Injury Attorneys to secure full, fair injury compensation.

Specialized Claims: Handling an Insurance Lowball Offer on a Totaled Car

When an insurance company declares your vehicle a total loss, they frequently undervalue its true actual cash value. To counter a lowball offer on your totaled car, research local market listings for identical makes, models, and mileage. Never accept their initial appraisal; instead, present independent vehicle valuations and recent repair receipts to force a fair, accurate property damage settlement payout.

Seek Out a Car Accident Attorney for Your Case

In conclusion, being involved in a car accident can be a traumatic experience that can leave you feeling vulnerable and helpless. It is important to understand your rights as a policyholder and to know how to determine if the insurance company is treating you fairly after an accident.

Even with precautions taken, there may still be instances where an insurance settlement offer is too low or unfair. This is where hiring an experienced car accident attorney becomes crucial.

At Kohan & Bablove Injury Attorneys, you have options to seek out compensation even if the insurance company is unwilling to settle with you fairly. To learn more, reach out for a free consultation with our attorneys by calling 949.535.1341 or filling out the following online contact form.

Kohan & Bablove Injury Attorneys

Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.

www.dkblawyers.com

Therapeutic gadgets, like fitness trackers worn on the wrist, serve as a pedometer and may assist in movement monitoring, but their usefulness goes beyond that, especially in personal injury cases. Fitness trackers monitor user activity around the clock, including sleeping. They track steps, mobility, and heart rate, all of which, if utilized properly, may assist in the reconstruction of the events surrounding the injury and its impact on the user, including the changes to their daily activities, sometimes beyond what can be framed verbally. As in all legal matters, the utilization of this technology poses challenges. With that in mind, we will consider the benefits and detriments that are posed to users, especially to Personal Injury Lawyers in Newport Beach.

Utilization of Fitness Tracker Information in Personal Injury Litigation

Consider the gadget that you have strapped to your wrist. It is most likely monitoring your steps, sleep, and even your heart rate. Although you may be using it to achieve daily goals, in the event of a personal injury lawsuit, this data could serve as a powerful asset. It is as if there is an invisible observer who is shedding light on your situation.

Measurement of Decreased Physical Activity

Your range of motion to perform certain movements may change after an injury, like in the case of a motor vehicle accident, which a Newport Beach bicycle accident lawyer may see. An injury of that nature would certainly change your fitness tracker’s data. Rest assured that your fitness tracker will justify your inability to once walk 10,000 steps daily, as now you are struggling to achieve even 2000. This certainly adds value to your case, and there is no disputing that. It helps illustrate the actual daily functioning and lifestyle limitations imposed by the injury.

Establishing Pre-Injury Vs. Post-Injury Baselines

This is when having data prior to the incident is particularly useful. If a tracker were useful prior to the injury, a vivid comparison could be established. For instance, an individual may have been averaging 15,000 steps a day only to suddenly manage 3,000 after an injury. This stark contrast is very compelling. It establishes a tangible metric of your health and activity levels pre-accident and, therefore, highlights the significance of the decline post-injury. This is a clear way to illustrate the consequences of the incident.

Citing Disruption to Pain and Sleep Patterns

Chronic pain and sleep problems are common after injuries. Some trackers even have the ability to monitor sleep, showing the restless stages you may be in or the lack of deep sleep. If you have pain interrupting your sleep, a tracker can document the torment accompanying that pain. Such evidence can bolster claims about the intensity of pain and suffering in relation to daily functioning, which is critical to ensuring a fair personal injury settlement.

It isn’t simply the figures that matter: the figures that matter are the results of your daily life’s bouts and recuperation. When attempting to illustrate the severity of your injuries and losses, this objective data, referred to as objective evidence, may serve as a game-changing asset.

The Impact of Wearable Technology in Legal Cases

In What Ways Does Wearable Data Strengthen Your Claim

In the realm of personal injury litigation, a fitness tracker could prove to be quite an asset. Think about it—these gadgets track heart rates, daily steps, and even sleeping patterns. If you have suffered an injury and a wearable device recorded your information, it can be beneficial in painting an accurate depiction of your new normal life post injury. As an illustration, let us assume that you were an active individual prior to an injury, and post the injury, your tracker data shows a steep decline in the steps or active minutes data. That data depicts the objective proof of reduced mobility. Well, it’s not easy for anyone to contest that data. Wearable gadgets have the potential to showcase the kind of evidence that far surpasses the testimonies, which are often far too subjective.

Refuting Allegations of Exaggeration or Fraud

From time to time, insurance companies will allege that their clients are attempting to defraud them by exaggerating injuries. This is a common practice. However, your fitness tracker data can serve as the best defense against such claims. If your tracker indicates that your movement is limited to only a small amount or that your sleep is significantly disrupted, then claims suggesting you are faking or exaggerating your injuries are rebutted. The data is impartial; it does not advocate for one side or the other. Numbers, patterns, and statistics can expose such biases and provide the necessary vindication. In such cases, the goal is to contest unwarranted claims and present evidence that proves the truth of your circumstances.

Supporting Long-Term Injury and Disability Claims

Chronic pain and disability can follow certain injuries long after the injury has taken place. If these problems sound familiar to you, then a wearable device can continue to be useful. Such a device can help validate the “impact of the injury” by tracking your activity, sleep, and health levels over a prolonged duration. This is especially important when trying to seek compensation for the loss of earning potential, the necessity of long-term care, or the compensation sought is greater than what is offered. This supports the notion for the court that the injury is not and has not been a temporary problem and continues to impact your life in a significant way. For more details on the supports and the mechanics of evidence, research the phases of trials in personal injury cases.

As a summary, here’s an outline of the direct benefits the data provides:

• Quantifying Reduced Physical Activity: Demonstrating a decrease in steps, active minutes, or exercise greatly supports a decline in exercise routine, post-injury.
• Establishing Pre-Injury and Post-Injury Baselines: Establishing a “before and after” framework enables comparison of health and activity metrics.
• Substantiating Claims of Pain and Sleep Disruption: Claims of pain and disruption of sleep can be supported with data on poor sleep and restlessness.

The unyielding nature of wearable data makes it particularly powerful. Wearable data provides factual evidence that substantiates claims, making it difficult for opposing parties to challenge the severity or the duration of the injuries. Such evidence can be highly convincing to judges or juries.

Personal Injury Categories Supported by Tracker Data

Fitness tracker data can be especially useful in different personal injury cases. These devices are not limited to athletes anymore; they record a wealth of information that can be used as evidence. Consider, for example, if you were very active prior to an accident, and subsequently, your movement drastically decreases; that paints a clear picture of how that injury is impacting you. This kind of objective information strengthens the argument regarding the pain and limitations the individual is experiencing.

Claims Related to Car Accidents

In the aftermath of a car accident, your mobility may be severely impacted. A fitness tracker may be able to show a marked decline in daily steps, active minutes, or even workouts. This data can act as independent evidence of the reduction in mobility as well as pain. This greatly helps in countering the arguments made in cases where injuries are said to be insignificant. In the event that you were active before the crash and now you are not, your fitness tracker can confirm the reduction.

Cases Involving Chronic Pain

A chronic pain condition can be debilitating when it comes to sleeping and one’s well being as a whole. Many trackers now even monitor your sleep, showing the deep sleep level and periods of restlessness along with waking. Should your injuries lead to an increase in nightly restlessness, the data can help capture the extent of suffering and the overall impact of pain, unending and immense. There isn’t much of a defense when it comes to data proving you are injuring and falling short when it comes to sleep.

Pedestrian Accident Claims

Just like with the claims made for car accidents, pedestrian accidents Newport Beach may also result in injuries that can cause disablement. If you are hit by a car while walking, your activity tracker can monitor the drastic changes in your physical activity. It can document the decrease in steps you are taking each day, or your ability to walk for fitness. This objective data can be especially useful in attempting to recover compensation for the effects you may be experiencing, especially if you are dealing with a long-term injury or a permanent disability. The prior example illustrates why it is recommended to consult with a personal injury attorney Newport Beach and learn how this data may relate to your case.

When these data are accurately analyzed, and presented with a clear narration, they, alongside the medical files and professional views, can act as a strong, unbiased proof of the injury’s emotional and physical consequences on a person’s life. It describes the degree to which an injury has affected a person’s life in a clearer manner than words, and going beyond the descriptions given by the person on pain and restrictions.

When Fitness Tracker Data Can Turn Into an Obstacle

Your fitness tracker can bolster your case in a personal injury lawsuit, but keep in mind that such data can also be used against you. Defense attorneys are becoming more sophisticated in presenting wearable data. The issue does not lie in the bare numbers but in the interpretation and framing of the data.

Your Tracker Data and Its Defense Uses

Defense attorneys and insurance adjusters are also more interested in uncovering trends over extended periods of time that are inconsistent with your case. Let’s say you claim you are suffering debilitating pain that renders you inactive. If your fitness tracker shows you are active consistently day in and day out, you run the risk of losing the case. If your activity levels had been low prior to an accident and you had been injured, they could try to claim that the injury had not affected you as significantly as you suggested. They could even claim your tracker data had inaccuracies and that the device underestimated steps and overestimated calories.

Apple Watch vs. Fitbit Data in Court 

While your smartwatch tracks your daily health, it also creates a digital footprint that insurance defense lawyers can subpoena during discovery. Both Apple Watch and Fitbit devices capture highly sensitive biometrics that adjusters actively use to minimize your financial recovery. 

Defense counsel heavily scrutinizes two specific metrics to attack a plaintiff’s credibility: 

• Sleep Patterns: If you claim chronic back pain makes sleeping impossible, but your Fitbit records eight hours of uninterrupted deep sleep, the defense will argue you are exaggerating your injuries. 
• Heart Rate Data: Plaintiffs claiming severe anxiety, PTSD, or emotional distress face challenges if their Apple Watch shows a consistently stable resting heart rate. Defense attorneys use this to dispute claims for non-economic damages. 

Wearable tech data is rarely flawless. Heart rates fluctuate naturally, and commercial sleep trackers are not medical-grade diagnostic tools. However, insurance companies will still manipulate these logs to shift the burden of proof. Before voluntarily handing over your device history, speaking with an is critical to protecting your privacy and blocking overbroad data requests.

The Significance of Contextualizing Data

This is where having a good lawyer really comes into play. Your fitness tracker data does not exist in a vacuum. If your fitness activity declined because you were recovering from surgery, or you experienced a restless night due to stress, that context matters. These subtleties require the assistance of a personal injury lawyer. As an example, if your tracker indicates lower activity levels on specific days, your lawyer is able to justify those days with supporting documentation like medical records and personal diaries. The objective is to provide a complete narrative rather than only the an unsophisticated data.

Consulting with a Personal Injury Attorney Newport Beach

If you are part of a personal injury dispute within Newport Beach, it is advisable to consult with a local attorney. They will appreciate the local legal environment and the data from wearables in California courts. They will assist in guiding you in organizing your data, predicting possible defenses, and crafting robust rebuttals to advanced counterclaims. The presence of an attorney changes the fitness tracker data interpretation landscape. There are competent attorneys available to assist with your injury claims.

Exploiting Tracker Data Even in the Absence of Pre-Injury Activity

The data you undertake to track post-injury, even if you did not track previous activity, can be essential for supporting a personal injury claim. Consider the data as a demonstration of the attempts you are making in regard to your rehabilitation, irrespective of whether health goals are achieved. It also captures the effort you are making, not just the inactivity that follows injury.

Validation of Recovery Efforts

The tracker can indicate that you are physically involved in your rehabilitation programs, even if in the short term, you are making incremental changes, such as a few more steps each day. This reinforces your willingness to recover, and positively influences the case. It captures your attempts toward mobility, illustrating that you are not just remaining idle, but there are attempts to enhance your situation.

Identification of Difficulties

The data can be useful in highlighting your mobility challenges as well. Perhaps your heart rate spiking with minor activity or sleep interruption. When such data is provided with professional opinions, it can greatly decrease your quality of life, and injury impact, as well as your ability to carry out bodily functions in a straightforward way. It captures the difficulty descriptively but also objectively.

Effectively Integrating Data Following an Injury

In regard to adhering to protocols post-injury, the use of a tracker is a helpful tool, provided the user is consistent with it. Ongoing data allows a clearer image to form, and with respect to physical data, the more working data points one has, the more informed the conclusions can be. In this case, it is appropriate to say that accuracy conforming with the baseline state is not required; instead, the critical part is the portrayal of the current situation. A skilled personal injury lawyer will be able to assist you in determining the best way to use this information so that it truly supports your case instead of creating opportunities for the opposing side to misinterpret your data. They will assist you with the appropriate explanations, detailing what the numbers indicate regarding your injury and the recovery processes. For legal assistance, you may want to reach out to a personal injury lawyer in Orange County.

Using Fitness Tracker Data in Your Injury Case? Let Us Guide You

At Kohan & Bablove Injury Attorneys, we appreciate just how valuable evidence from a fitness tracker can be in demonstrating the effects of an injury. Our California-based legal team knows how to obtain, analyze, and present this information in a way that supports your claim and not the insurance company’s defense. Before you disclose your tracker information, allow us to uphold your rights and effectively build your case. For a no-obligation consultation, call us today at (949) 287-8248.

Kohan & Bablove Injury Attorneys

Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.

www.dkblawyers.com

When is a car totaled after an accident depends on your insurance company’s evaluation of repair costs versus actual cash value, and understanding this process is critical to protecting your financial recovery. Car accidents are stressful enough without the added headache of hearing the words: “Your car is totaled.” If you’ve never gone through it before, it can be confusing to know what that actually means and what you’re supposed to do next. A totaled car doesn’t always mean your car is completely wrecked beyond recognition. It just means that fixing it would cost more than it’s worth.

Defining a Total Loss

A car is declared “totaled” by insurance companies when the repair cost surpasses its book value at the time of an accident. Basically, if fixing your car costs more than what it’s actually worth, the insurance company might decide it’s a total loss. This doesn’t always mean the car is undrivable; it just means repairing it isn’t financially smart. The insurance company will look at things like the car’s age, mileage, and condition to figure out its actual cash value (ACV). They’ll then compare that to the estimated repair costs. If the repairs exceed the ACV, or come close to it, they’ll likely declare the car a total loss. This can also happen for non-accident reasons, like flood or fire damage.

So, what happens next? What should you do if your car is totaled? Let’s walk through the process, step by step, in a simple way.

1. Understand What “Totaled” Means

When insurance says your car is “totaled,” it means the cost to fix it is more than what the car is worth. For example, if your car is worth $5,000 and the repairs would cost $6,000, it’s considered a total loss. Insurance companies don’t want to spend more money fixing a car than what they’d pay you if it was gone.

Sometimes, even if the repair cost is slightly less than the value, they’ll still call it totaled because of things like rental costs, delays, or possible hidden damage.

2. Make Sure Everyone Is Okay

Before even thinking about the car, the most important thing is your safety and the safety of others involved. After the accident, check for injuries and call emergency services if needed. Cars can be replaced. People can’t.

Once everyone is safe and the immediate emergency is under control, then you can begin thinking about the vehicle.

3. Get a Copy of the Police Report

If the police came to the scene, there should be a report. This can be important later, especially if you’re dealing with insurance or trying to figure out who was at fault. Even if it seems like a minor detail now, having that report in your hands can save you a lot of trouble.

You can usually get a copy by calling the local police department or going online. Sometimes they charge a small fee.

4. Call Your Insurance Company

The sooner you let your insurance company know, the better. Give them the details of the accident and tell them where your car is located (especially if it was towed).

They’ll assign someone, usually called an adjuster, to look at the car and decide whether it’s totaled. If it is, they’ll calculate how much it was worth before the accident. This is the amount they may offer you.

Try to be honest and clear when you talk to them. If you’re not sure about something, it’s okay to say so. Guessing or leaving out information can slow things down or cause problems later.

5. Find Out What Your Car Is Worth

Don’t just take the insurance company’s word for it. Do your own research to find out how much your car was really worth before the accident. Use websites like Kelley Blue Book, Edmunds, or even Craigslist to get an idea of what similar cars in your area are selling for.

Look at the same year, make, model, mileage, and condition. If you think the offer from the insurance is too low, you can challenge it. Show them listings of similar vehicles and explain why you think your car was worth more.

Sometimes, they’ll negotiate with you. It never hurts to ask.

6. Take Personal Belongings Out of the Car

Before your car gets taken away (or sold as salvage), make sure to remove all your personal stuff. This includes obvious things like bags, sunglasses, and phone chargers, but also look in the trunk, glove box, and under the seats.

Don’t forget documents, like your registration or insurance card, and any garage openers or spare change you might have stashed.

Once the car is gone, it might be very difficult—or even impossible—to get those things back.

If you’re feeling overwhelmed after an accident, our Newport Beach personal injury attorneys at Kohan & Bablove Injury Attorneys are here to help.

7. Decide Whether to Accept the Settlement or Not

When your car is totaled, your insurance company will usually offer you a check. This is meant to cover the value of your car before the accident, minus any deductible you might owe.

You have a few choices at this point:

• Accept the payment: They’ll take the car, and you’ll get the money.
• Keep the car (if allowed): You might be able to keep the car, especially if it still runs. In this case, the insurance company will subtract the salvage value (what they think they could get for it) from your settlement.
• Dispute the offer: If you think the value is unfair, you can push back. But make sure you have proof.
  

Whatever you decide, don’t rush. Take time to understand what you’re agreeing to.

How to Dispute a Low Actual Cash Value (ACV) Offer 

If your vehicle is declared a total loss, you do not have to accept the insurance company’s first Actual Cash Value (ACV) offer. Insurers sometimes rely on limited market data, which can result in a valuation that is lower than your vehicle’s true worth.

To challenge a low offer, gather evidence that supports a higher value:

• Obtain a current Kelly Blue Book (KBB) valuation. 
• Find local listings for vehicles with similar mileage, condition, and features. 
• Keep records of recent repairs and maintenance. 
• Document any upgrades or aftermarket additions. 

For example, if the insurer offers $15,000 but similar vehicles in your area are selling for $18,000 or more, you can submit those comparable listings and request a review of the valuation.

If negotiations stall, consulting with an experienced Orange County car accident attorney can help you challenge an unfair settlement offer and pursue the compensation you deserve for your vehicle and other accident-related losses.

8. Handle the Loan (If You Still Owe Money)

If you’re still paying off your car loan and your car gets totaled, things can get tricky. If the insurance settlement is less than what you still owe on the car, you’re stuck with the rest of the loan.

For example, if you owe $12,000 but the car is worth $9,000, you’ll still have to pay $3,000 out of pocket.

This is where gap insurance comes in, if you had it. Gap insurance covers that difference. If you didn’t have it, you’ll have to find a way to pay the rest.

9. Think About Your Next Steps

Once everything is sorted, it’s time to figure out what you’ll do next. Are you buying a new car? Getting a used one? Taking a break from driving for a bit?

Use the insurance money as your starting point. If you need more funds, you may have to look at financing or buying something more affordable until you’re back on your feet.

Take your time. The pressure to replace your car right away can be overwhelming, but a rushed decision might lead to regret later.

10. Learn from the Experience

No one wants to be in an accident, and having your car totaled can feel like insult added to injury. But it’s also a good time to reflect and learn.

• Do you need better insurance coverage?
• Should you consider gap insurance next time?
• Would having an emergency kit or dashcam have helped?

Even if the accident wasn’t your fault, thinking about what you could do differently next time can help you feel more in control moving forward.

When Is a Car Totaled After an Accident?

Many drivers ask, when is a car totaled following a serious crash. Insurance companies determine when is a car totaled by comparing the repair costs to the vehicle’s actual cash value. If the repairs exceed a certain percentage of the car’s value, the insurer will declare it a total loss. Understanding when is a car totaled is important because it directly affects how much compensation you receive. If you disagree with the insurance company’s decision about when is a car totaled, you may have the right to challenge their valuation and negotiate for a higher payout.

Need Help After a Car Accident? Call Us Now

If your car was totaled and you’re dealing with injuries or insurance headaches, you don’t have to go through it alone. Our car accident lawyer in Newport Beach helps people in Newport Beach to get the support and compensation they deserve after serious accidents. We’ll fight to protect your rights and make sure you’re treated fairly. Contact us today for a free consultation and let us help you get back on track.

Kohan & Bablove Injury Attorneys

Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.

www.dkblawyers.com

Most medications come with side effects. When these side effects are communicated and known, you can make an informed decision about using the medication. But if you use a drug and suffer an adverse reaction that was not properly communicated, you may be able to sue for damages. A Riverside personal injury lawyer can help you with the claim.

Adverse drug reactions (ADRs) occur often. Around 7% of all hospitalizations across the U.S. each year are due to ADRs. They are a preventable type of health hazard, and it is possible to identify a party that is liable for them.

Here is a look at some of the most common types of ADRs. Also noted are the entities that are often responsible for them.

Common Adverse Reactions

Some of the most common ADRs include:

• Liver Damage – Some medications can result in liver damage ranging from mild to severe. Such damage can also lead to other health complications. When you suffer such side effects without being sufficiently informed about it, you have a cause for a lawsuit.
• Physical Debilitation – A common ADR is physical debilitation in the form of arthritis, abdominal pain, birth defects, stunted growth, and liver issues.
• Heart Problems – These include an increased chance of a heart stroke, heart attack, or a range of other cardiovascular complications. Many drugs carry these risks but the manufacturers fail to articulate them clearly.
• Suicidal Thoughts – A common side-effect of anti-depressants is that you may experience negative and suicidal thoughts. Painkillers can also cause this type of ADR.
• Death – In the case of more extreme side-effects, an ADR may cause death.

Who Is the Liable Party?

You can typically sue one of the following parties for an adverse reaction to medication:

• Manufacturer
• Sales or marketing company
• Prescribing physician or healthcare facility
• Prescribing pharmacist or laboratory

Lawsuits related to ADRs are broadly categorized into three types:

• Defective Manufacturing – You can file this type of lawsuit for ADRs caused by a defect in the manufacturing of the drug. The manufacturer is held liable in this type of lawsuit.
• Defective Design – This type of lawsuit is filed when the formula of a drug is defective. You may be able to sue a research company, group, or manufacturer for this type of defect.
• Insufficient Warning – When you were not adequately informed about the side effects, you can base your lawsuit on this. It is possible to hold a physician, healthcare company, manufacturer, or marketer liable for insufficient warning about ADRs.

Failure to Warn vs. Manufacturing Defect 

When pursuing a legal claim for a severe adverse medication reaction, your case typically falls into one of two product liability categories. A failure to warn occurs when a pharmaceutical company knows about dangerous side effects but omits them from the warning label. Conversely, a manufacturing defect means the drug’s design was safe, but an error during production caused harmful contamination or incorrect dosages. 

If you suspect your medication caused unexpected harm, you should immediately investigate potential systemic issues:

• Check FDA Drug Recalls: Search the official Food and Drug Administration (FDA) database for recent drug recalls, market withdrawals, and safety alerts. 
• Research Active Mass Torts: Check federal court registries for ongoing multi-district litigation (MDL) to see if other plaintiffs have filed matching lawsuits against the manufacturer. 

Proving corporate negligence in pharmaceutical cases requires extensive legal resources and scientific evidence. Before navigating these complex claims alone, protect your rights by working with an attorney to evaluate your medical records and determine if you qualify for a mass tort lawsuit.

Speak with a Personal Injury Lawyer

If you have suffered injuries or health complications due to ADRs, it is important to consult a lawyer as soon as possible. Here at Kohan & Bablove Injury Attorneys, we handle defective drug claims and help victims sue for maximum compensatory damages.

Call us today at 949.535.1341 to discuss your claim with our lawyers. You can also submit our contact form to schedule a free consultation.

Kohan & Bablove Injury Attorneys

Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.

www.dkblawyers.com

Understanding what to expect during a personal injury trial in California is essential if you’re seeking compensation for your injuries. Navigating the complexities of a personal injury trial can be daunting, especially when dealing with the aftermath of an accident.

In California, personal injury trials are pivotal in determining legal responsibility for injuries, requiring plaintiffs to prove the defendant’s negligence to secure compensation. The role of a personal injury lawyer is critical in this process, as they provide legal representation, gather evidence, and guide plaintiffs through the structured phases of a trial. These phases include jury selection, evidence presentation, and closing arguments, all of which are crucial for plaintiffs to understand and prepare effectively.

Whether you’re dealing with medical bills, lost wages, or emotional distress, knowing what to expect during a personal injury trial can significantly impact the outcome of your case. With the right legal support, you can confidently pursue the compensation you deserve.

Understanding Personal Injury Trials in California

Personal injury trials in California aim to determine legal responsibility for alleged injuries and provide compensation to plaintiffs in a California personal injury case. These trials typically arise from incidents where plaintiffs sue defendants for injuries caused either accidentally or intentionally, seeking monetary awards for damages such as medical bills, lost wages, emotional distress, and personal injury claims. In these cases, the judge serves as an impartial overseer, making decisions on evidence and legal points, while the final verdict is determined by either a judge or a jury.

Plaintiffs must prove the defendant’s negligence and duty of care to win a personal injury trial, demonstrating that the defendant’s actions directly caused their injuries, a complex and detailed process. If they lose, they receive no compensation and are not responsible for legal fees. The timeline for personal injury cases from filing a personal injury lawsuit to trial date can span months or even years, making the entire process a long and often stressful journey.

In busy locations such as Los Angeles, personal injury trials can feel overwhelming due to the hectic nature of the court system. The stakes are high, contributing to the complexity of the process. But understanding each step of the trial can demystify the process and help plaintiffs feel more prepared and confident as they seek justice and compensation for their injuries.

The Role of a Personal Injury Lawyer

Choosing the right personal injury lawyer is crucial after an accident. Navigating a personal injury trial without legal representation can be exceedingly risky. Lawyers help clients understand the trial process and protect their rights. From calculating the full extent of damages to negotiating with insurance companies and medical providers, personal injury lawyers provide comprehensive support to their clients.

During court proceedings, personal injury lawyers represent their clients, presenting their cases and defending their interests. They gather and present key evidence, negotiate fair settlements, and handle all legal documentation and filings.

Firms like Kohan & Bablove leverage their expertise to secure fair compensation for their clients, often achieving substantial settlements and verdicts. Our role is critical in navigating the litigation process, ensuring that the injured party’s rights are upheld and that they receive the compensation they deserve.

Pre-trial Preparation

Pre-trial preparation is vital in any personal injury trial. It involves collecting evidence to support the plaintiff’s claims, such as photographs, medical records, witness statements, and police reports. This meticulous approach can significantly impact the trial’s outcome. Identifying all responsible parties, which may include multiple defendants, is also essential at this stage.

A skilled legal team leaves no stone unturned during pre-trial preparation, which sets the foundation for the entire trial. Comprehensive evidence gathering and building a strong case are imperative, often determining the effectiveness of the plaintiff’s arguments and the likelihood of a favorable outcome.

Representing You in Court

Once the trial begins, the personal injury lawyer represents their client’s interests in court, providing legal support and defending the client’s rights. This includes making opening statements, presenting evidence, cross-examining witnesses, and making closing arguments. Their expertise in courtroom procedures and strategies is vital to navigating the complexities of a personal injury trial.

A personal injury lawyer ensures all legal documentation is handled correctly and presents the client’s case in the best possible light. They coordinate with witnesses, manage the court schedule, and oversee every aspect of the trial, allowing the client to focus on recovery. Their representation as a personal injury attorney is critical to achieving a favorable verdict and securing the compensation their client deserves.

Key Phases of a Personal Injury Trial

A personal injury trial typically consists of a series of structured phases that guide the proceedings. Understanding these phases can prepare plaintiffs for the trial process.

Generally, a personal injury trial includes five main stages:

1. Jury selection
2. Opening statements
3. Presentation of evidence
4. Closing arguments
5. Jury deliberation and verdict

Each phase influences the trial’s outcome. Selecting an impartial jury, presenting compelling evidence, and making persuasive closing arguments are all designed to ensure a fair and just verdict.

Key participants in a personal injury trial include the jury, plaintiff and defense legal teams, witnesses, and experts. The jury ultimately determines whether the defendant caused the injuries and the amount of compensation to be awarded.

Jury Selection Process

The process of jury selection is crucial as it aims to eliminate biases and select jurors who can impartially hear the case. Typically, a jury trial personal injury trial jury consists of 12 jurors and 2 alternates. During the selection process, potential jurors are questioned in a procedure known as voir dire to assess their suitability. This process helps narrow down the pool to select jurors who can fairly and objectively evaluate the case.

During voir dire, potential jurors can be excluded for reasons such as bias through challenges for cause or peremptory challenges. This thorough vetting process ensures a fair trial, as selected jurors play a pivotal role in determining the case’s outcome.

Opening Statements

Opening statements allow both attorneys to present their case overview. The plaintiff’s attorney typically goes first, outlining the injuries and liability, while the defendant’s attorney counters these arguments. The primary objective of the plaintiff’s opening statement is to establish the defendant’s legal liability for the injuries. This stage is crucial as it sets the groundwork for the case and creates a clear picture for the jurors.

Opening statements usually take upward of 30 minutes and are more detailed from the plaintiff’s side. The defendant may wait until the conclusion of the plaintiff’s main case to deliver their opening statement, providing strategic flexibility.

Presentation of Evidence

The presentation of evidence is the core of the trial process, where both sides present documentation and witness testimonies to support their claims. The plaintiff’s legal team presents photos, videos, and expert testimony to substantiate their case, demonstrating the extent of the plaintiff’s injuries and the defendant’s liability.

The defense presents its own evidence and cross-examines the plaintiff’s witnesses to cast doubt on the claims. During cross-examination, the opposing side challenges the testimony and highlights inconsistencies. This phase is critical as it allows both sides to build their arguments and persuade the jury.

The Role of Expert Witnesses 

To successfully meet the burden of proof in a complex civil lawsuit, plaintiffs often rely on specialized testimony. Expert witnesses clarify complicated technical evidence for the jury, proving the full extent of your damages and the defendant’s liability.

Your legal team will typically hire specific specialists to build a trial-ready strategy:

• Accident Reconstructionists: These professionals analyze crash data, skid marks, and vehicle damage to scientifically prove exactly how a collision occurred. 
• Forensic Economists: They calculate future lost earning capacity, projected inflation, and lifelong medical costs to justify your economic damage demands.

However, even with compelling expert testimony, a jury may fail to reach a required consensus. If the jury is completely deadlocked (known as a “hung jury”), the judge will declare a mistrial. When this happens, the case remains unresolved, and the plaintiff must decide whether to negotiate a new settlement or restart the trial process.

Anticipating aggressive cross-examinations from insurance defense lawyers is critical. Working closely with an attorney ensures you secure credible experts to validate your claim and maximize your potential financial recovery.

Closing Arguments

Closing arguments are the attorneys’ last chance to summarize their case and persuade the jury before deliberation begins. The main purpose is to convince the jury to rule in their favor. During this phase, both attorneys summarize their arguments, relying only on the evidence admitted during the trial. The plaintiff aims to show why the evidence requires finding the defendant legally responsible, while the defense attempts to prove that the plaintiff fell short of establishing the defendant’s liability.

A rebuttal can be used to contradict the defense’s evidence, reinforcing the plaintiff’s case. After closing arguments, the judge provides jury instructions on how to deliberate the case.

Jury Deliberation and Verdict

After closing arguments, the jury deliberates on the evidence presented and determines liability. In a personal injury trial, a majority of 9 out of 12 jurors is required to reach a verdict. This process can take hours or even days, depending on the case’s complexity and the evidence presented.

Once the jury reaches a decision, the judge reads the verdict, including any compensation to be paid if the plaintiff wins. If the jury cannot reach a unanimous verdict, the judge may declare a mistrial, and the case may start over.

This final phase concludes the trial, but it may not be the end if either party decides to appeal the decision.

What Happens If Your Case Goes to Appeal?

In civil trials, both parties can file an appeal if they disagree with the court’s decision. An appeal must be based on legal grounds, such as a significant error made during the trial. The appeal procedure involves a written brief submitted by the appellant, followed by the respondent’s response, and possible oral arguments in court.

If the losing party chooses to appeal, new legal proceedings begin in the appellate court, which reviews trial transcripts and hears arguments. A successful appeal could result in the original verdict being reversed or a new trial being ordered. The appellate court can uphold or overturn the original verdict, and monetary compensation from the original trial is withheld until the appeals process is finished.

Both sides may appeal if the verdict favors them, especially if compensation is lower than expected. When the appellate court overturns a verdict, the case can return to trial or be resolved through an out-of-court settlement.

The appeals process adds complexity to the litigation but provides an opportunity for correcting errors and achieving a fair outcome.

How Long Will Your Trial Last?

The timeline for a personal injury trial can vary greatly, often taking months to years depending on various factors. Severe injuries may extend the trial duration due to the need for extensive medical documentation. Cases with clear liability may proceed more quickly, while those with disputed fault can take significantly longer. The cooperation of all parties involved can also significantly affect how quickly a trial progresses.

The availability of evidence is crucial; easily obtainable evidence facilitates quicker trial timelines. However, crowded court schedules can lead to longer wait times for trial dates and hearings, further extending the trial process. Knowing these factors can help manage expectations and prepare for the lengthy journey ahead.

Contact Kohan & Bablove for Expert Legal Help

Navigating a personal injury trial in California involves understanding the various phases, the role of a personal injury lawyer, and the potential outcomes of both trials and settlements. From pre-trial preparation to the final verdict, each step is crucial in determining the success of your case. The right legal representation can make a significant difference in securing the compensation you deserve.

Whether you decide to settle or go to trial, it’s important to be well-informed and prepared. Kohan & Bablove Injury Attorneys can provide the expert legal help you need to navigate this complex process. Remember, the journey may be challenging, but with the right support, you can achieve a favorable outcome and move forward with your life.

Kohan & Bablove Injury Attorneys

Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.

www.dkblawyers.com

Long term whiplash symptoms can continue long after the initial injury, affecting mobility, causing chronic pain, and impacting quality of life. Whiplash is a common yet often misunderstood injury caused by sudden, forceful back-and-forth motion of the neck. It frequently results from car accidents, sports injuries, and physical assaults. Understanding the common causes and how it impacts your life is essential for identifying symptoms early and seeking appropriate treatment. This article provides a clear guide to help you comprehend whiplash, its origins, and how it can affect your daily activities.

Key Takeaways

• Whiplash is primarily caused by sudden back-and-forth movements, most commonly from rear-end automobile collisions, which account for approximately 70% of cases.
• The symptoms of whiplash can include neck pain, stiffness, headaches, and cognitive difficulties, which may manifest immediately or be delayed, emphasizing the importance of early diagnosis and treatment.
• Treatment for whiplash often involves a multidisciplinary approach, including rest, medications, physical therapy, and chiropractic care, to address both physical and psychological aspects of recovery.

How Much Is a Whiplash Injury Settlement Worth?

Whiplash is a neck injury caused by rapid back-and-forth movement, most commonly triggered by rear-end car accidents (70% of cases), sports trauma, or assaults. It severely damages neck muscles, disks, nerves, and tendons.

A fair whiplash injury settlement must account for long-term impacts beyond temporary stiffness. Victims often endure chronic neck pain, headaches, anxiety, and depression. Because these physical and emotional burdens disrupt daily life, a comprehensive legal evaluation is vital to maximizing your final car accident claim.

Severity Tiers & Payout Ranges (Grades 1 to 4)

Medical professionals categorize whiplash across four distinct severity tiers:

• Grade 1 (Minor): Mild neck pain without objective signs. Payouts range from $2,500 to $10,000.
• Grade 2 (Moderate): Muscle spasms and limited motion. Settlements average $10,000 to $30,000.
• Grade 3 (Serious): Neurological symptoms or disc herniation. Compensation spans $30,000 to $100,000.
• Grade 4 (Severe): Structural fractures or spinal dislocations, often yielding $100,000 to $300,000+.

How Insurance Companies Calculate Financial Compensation

Insurers calculate payouts by adding economic damages (medical bills and lost wages) and applying a multiplier (1.5x to 5x) for non-economic pain and suffering.

To maximize your car accident claim, contact Kohan & Bablove Injury Attorneys in Orange County today

What Is a Whiplash Injury and What Does It Feel Like?

A whiplash injury occurs when a sudden impact forces your neck to whip rapidly back and forth, damaging muscles and ligaments. It typically feels like severe neck pain, stiffness, restricted motion, and headaches starting at the base of the skull. You may also experience dizziness, shoulder tenderness, or arm numbness.

Treating whiplash injuries typically involves a combination of rest, medications, and physical therapy. Early intervention is crucial to manage symptoms and promote healing, thereby preventing the development of chronic pain and other long-term issues.

Common Causes of Whiplash Injuries

The primary cause of whiplash injuries is sudden acceleration or deceleration, particularly prevalent in rear-end automobile collisions. However, whiplash can also result from other traumatic events such as sports injuries and physical assaults. Understanding these common scenarios helps in recognizing the risk factors and taking preventive measures to avoid such injuries.

Whiplash injuries can occur in various situations, from car accidents to contact sports and even physical abuse. Each scenario presents its unique challenges and contributes to the overall understanding of how these injuries occur and how they can be prevented and treated.

Car Accidents and Rear-End Collisions

Car accidents are the leading cause of whiplash, with rear-end collisions accounting for 70% of cases. Inertia forces the head to jerk violently, causing hidden soft-tissue damage. Women are statistically more vulnerable due to differences in neck strength. Because symptoms are often delayed, securing an immediate medical evaluation is vital to prevent chronic, life-changing conditions.

Sports Injuries and High-Impact Activities

Contact sports like football and boxing involve sudden, high-velocity impacts that whip the head forcefully. These sports-related whiplash injuries can trigger long-term neck pain and stiffness if neglected. Prompt chiropractic care and targeted physical therapy are essential to restore full mobility and protect an athlete’s future health.

Physical Assaults and Sudden Traumatic Falls

Whiplash can also result from physical abuse, blows, or sudden falls that subject the neck to violent acceleration. Victims often face severe physical trauma compounded by debilitating emotional distress. Securing immediate healthcare and psychological support is crucial for handling both the physical and mental aspects of personal injury recovery.

Recognizing the Signs and Symptoms of Whiplash

Early recognition of whiplash symptoms is crucial. This timely identification plays a key role in effective treatment and recovery.

Common symptoms of whiplash include:

• neck pain
• stiffness
• headaches
• dizziness
• potential cognitive difficulties

These symptoms can begin to appear within the first 24 hours after an injury but may not manifest immediately, making it important to monitor for any changes.

Delayed symptoms may include increased pain levels and cognitive difficulties, which can develop several days to weeks after the initial injury. Early diagnosis and treatment are essential to preventing the worsening of symptoms and chronic pain.

Immediate vs. Delayed Neck Pain After a Car Accident

Adrenaline can mask physical injuries immediately following a crash. While some victims feel instant stiffness, whiplash pain is frequently delayed, manifesting 24 to 48 hours after the incident as inflammation sets in.

Identifying Serious Whiplash Nerve Damage Symptoms

When a cervical disc herniates or tissue compresses local nerves, serious symptoms emerge. Watch out for shooting arm pain, persistent tingling or numbness in your fingers, and sudden muscle weakness in your hands.

The Long-Term Complications of Leaving Whiplash Untreated

Ignoring whiplash can lead to chronic complications. Untreated soft tissue damage often results in permanent neck stiffness, recurrent migraines, and accelerated spinal disc degeneration.

Contact Kohan & Bablove Injury Attorneys in Orange County today to protect your car accident claim.

How Is Whiplash Diagnosed by Medical Professionals?

Doctors diagnose whiplash through physical examinations that evaluate your neck’s range of motion, localized tenderness, and reflex responses. To check for deeper soft tissue damage, disc herniations, or bone fractures, physicians rely on diagnostic imaging such as X-rays, CT scans, or MRIs.

Medical Treatment Options for Whiplash and Cervical Strain

A comprehensive care plan accelerates your recovery and provides the objective medical documentation necessary to support your car accident claim.

Professional Therapy: Chiropractic Care and Physical Therapy

Physical therapy focuses on targeted stretching and exercises to rebuild neck muscle strength and safely restore your flexibility. Chiropractors utilize precise spinal adjustments to realign joints, alleviate pressure on compressed cervical nerves, and reduce chronic stiffness.

Medications and Clinical Pain Management

Physicians frequently prescribe muscle relaxants and high-dose anti-inflammatory drugs (NSAIDs) to manage acute neck pain. In severe cases where a whipped neck causes nerve damage, localized corticosteroid injections may be utilized to directly target and calm intense tissue swelling.

Safe Whiplash Treatment at Home and Self-Care Remedies

Initial home care centers on applying ice packs for 15-minute intervals during the first 48 hours to minimize active inflammation, followed by a transition to heating pads to soothe tense, aching muscles. While rest is vital, performing light, doctor-approved neck rotations prevents the joints from locking up during recovery.

The Impact of Chronic Whiplash Syndrome on Daily Life

Chronic whiplash syndrome causes long-term disruption to a victim’s daily routine. Persistent neck pain, migraines, and restricted mobility make simple tasks like driving or working excruciating. Furthermore, this constant discomfort triggers severe sleep disturbances, fatigue, and anxiety. This debilitating condition impairs personal relationships and lowers your quality of life. Contact the dedicated legal team at Kohan & Bablove Injury Attorneys.

Preventing Whiplash Injuries: Safety Features and Vehicle Mechanics

Preventing whiplash injuries requires a proactive approach, especially when driving. Here are some essential steps to consider:

1. Use defensive driving techniques.
2. Maintain safe distances.
3. Obey speed limits.
4. Adjust your seat and headrest properly.
5. Avoid sudden acceleration or braking.
6. Use your seatbelt correctly.

By following these guidelines, you can significantly reduce the risk of being involved in a car accident that causes whiplash.

It is recommended to keep at least a three-second gap when following other vehicles to help prevent whiplash injuries. Additionally, adjusting the headrest to the correct height to support the back of the head can limit neck movement during a collision, thereby reducing the risk of injury.

These simple adjustments can make a significant difference in protecting yourself from whiplash.

Summary: Critical Steps to Protect Your Health and Legal Claim

To safeguard your physical well-being and maximize your future car accident claim, execute these essential steps right away:

• Seek Prompt Medical Care: Obtain a professional evaluation within 72 hours.
• Preserve Clear Evidence: Retain all medical records, imaging, and bills.
• Consult Legal Counsel: Contact Kohan & Bablove Injury Attorneys immediately.

Frequently Asked Questions About Neck Injuries

What is the average recovery time for whiplash?

Most people recover within a few weeks, though severe cases can last months.

What are common causes of whiplash?

Rear-end car accidents, contact sports, slip-and-falls, and physical trauma.

What are the immediate symptoms of whiplash?

Neck pain, acute stiffness, dizziness, and headaches at the skull base.

How is whiplash diagnosed?

Through physical mobility exams and imaging tests like X-rays or MRIs.

How can whiplash injuries be prevented?

By properly adjusting your vehicle’s headrest and wearing your seatbelt.

Kohan & Bablove Injury Attorneys

Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.

www.dkblawyers.com

Car accidents are an unfortunate reality of life on the road. While no one wants to think about the possibility of being involved in a crash, understanding the most common causes of accidents can help drivers stay safe and avoid risky behaviors. In this blog, we’ll break down the top 10 most common causes of car crashes and share tips on how to prevent them.

What Is the Most Common Cause of a Collision?

The most common cause of a car collision is distracted driving. Activities like texting, checking phones, or adjusting navigation systems pull a driver’s focus completely away from the road. This lapse in attention, combined with human error, triggers significantly more traffic accidents annually than speeding or driving under the influence.

Three Primary Factors That Contribute to Vehicle Crashes

While driver inattention ranks at the top, standard car accident claims typically involve a combination of reckless behaviors. The three primary factors contributing to vehicle crashes include:

• Distracted Driving: Texting, adjusting navigation, or eating removes a motorist’s cognitive and visual focus entirely.
• Speeding: Exceeding the posted speed limit reduces reaction time and increases the absolute severity of the impact.
• Impaired Driving: Operating a vehicle under the influence of alcohol, drugs, or extreme fatigue severely compromises judgment.

If negligence caused your crash, contact Kohan & Bablove Injury Attorneys in Orange County to protect your rights.

1. Distracted Driving

Texting, eating, or adjusting the radio takes your eyes off the road and drives up accident rates. Distracted driving remains a leading cause of car accidents. To stay safe, keep your full attention on driving or pull over to a safe location before using your phone.

2. Speeding

Speeding may seem like a way to get to your destination faster, but it is a significant cause of accidents. Driving at high speeds drastically reduces your reaction time to sudden traffic changes and increases crash severity. Higher speeds mean a more forceful impact and a greater potential for severe injuries. Always obey the speed limit and adjust for current road conditions. Remember, safety should always be your top priority.

3. Drunk Driving

Driving under the influence impairs judgment, slows reaction times, and is entirely preventable. Even small amounts of alcohol compromise safety. If you plan on drinking, utilize a rideshare service or designated driver to protect everyone on the road from a devastating drunk driving crash. Driving drunk puts not only your life at risk but also the lives of others on the road.

4. Weather Conditions

Rain, fog, and ice reduce visibility and traction, creating highly unpredictable hazards. Even if you’re driving carefully, poor weather conditions can be unpredictable. When driving in adverse weather conditions, ensure you slow down, maintain a safe following distance, and remain focused. If the weather is terrible, it may be best to postpone your trip or find a safe place to wait until conditions improve.

5. Reckless or Aggressive Driving

Aggressive driving behaviors such as weaving through traffic, tailgating, or cutting off other drivers can lead to accidents. Aggressive drivers often take unnecessary risks that put themselves and others in danger. Remaining calm and patient behind the wheel is vital to avoiding preventable collisions.

6. Running Red Lights or Stop Signs

Running red lights or ignoring stop signs is a dangerous behavior that leads to some of the most serious accidents. Intersections are high-risk areas, and when drivers fail to stop for traffic signals, it can result in T-bone or side-impact crashes. These types of accidents can lead to severe injuries or even fatalities. Always come to a complete stop and never rush a changing light. Staying cautious at intersections can help prevent such accidents.

7. Fatigue

Drowsy driving can be just as deadly as drunk driving. Fatigue slows your reflexes, decreases focus, and impairs judgment. Drowsy driving can be just as dangerous as drunk driving, and it’s a serious risk, especially on long road trips or late-night drives. If you feel tired during a drive, pull over immediately to rest or switch drivers rather than pushing through exhaustion. Your safety is more important than pushing through fatigue.

8. Tailgating

Tailgating, or following another vehicle too closely, is a hazardous driving behavior that often results in rear-end collisions. When you tailgate, you don’t give yourself enough time to react if the car in front of you suddenly stops or slows down. Maintain a minimum three-second following distance under normal conditions, and increase this gap during heavy traffic or poor weather to ensure adequate braking time.

9. Poor Road Conditions

Potholes, construction zones, and uncleaned road debris can cause drivers to lose control. While these hazards stem from poor infrastructure maintenance, motorists must stay vigilant. Slow down in work zones and avoid sudden swerving, which can trigger multi-vehicle pileups.

10. Inexperienced Drivers

Inexperienced drivers, particularly teenagers, are more likely to be involved in car accidents.Teens and novice motorists are highly vulnerable to collisions due to underdeveloped hazard recognition and split-second decision-making skills. Comprehensive driver’s education and extensive supervised practice are essential to preventing teen driving accidents and building confidence.

Causes of Car Accidents Statistics: What the Data Shows

Recent California traffic data reveals that human error remains the leading cause of roadway collisions. Speeding stands as the top primary factor, accounting for roughly 25% of all injury-causing crashes across the state. Furthermore, impaired driving contributes to nearly 30% of traffic fatalities. Distracted driving, particularly mobile device usage, exponentially increases these risks, proving most highway accidents are entirely preventable.

Injured in a Car Accident? Get the Legal Support You Deserve

Understanding the top causes of car crashes can help you become a safer driver and avoid unnecessary risks on the road. Distracted driving, speeding, drunk driving, and weather conditions are just a few of the factors that contribute to accidents. By staying alert, driving responsibly, and adhering to traffic laws, you can significantly reduce the likelihood of being involved in a car crash. If you’ve been involved in a car accident in Newport Beach or the surrounding areas, Kohan & Bablove Injury Attorneys is here to help. Contact us today to schedule a complimentary consultation and explore your legal options.

Kohan & Bablove Injury Attorneys

Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.

www.dkblawyers.com

Collision in a parking lot is determined by examining which driver acted negligently or failed to follow basic right-of-way rules. Although these crashes usually occur at low speeds, they can still cause injuries and property damage. Determining liability often requires reviewing driver behavior, traffic signs, and witness statements to understand how the collision occurred.  Parking lots can be deceptively complicated spaces when it comes to traffic safety. Although they may seem simple, determining fault after a Parking Lot Fender Bender can often be confusing.

How Parking Lot Accident Fault is Determined

Parking lot accident fault is determined by evaluating right-of-way rules and individual driver negligence. Insurance adjusters and legal teams establish liability by reviewing physical vehicle damage, eyewitness statements, and available surveillance footage. Insurance companies will thoroughly investigate the details to determine what happened and conduct a thorough investigation of the accident.

Understanding Liability and Cases of Fault

Proving liability in a car accident claim requires showing that a driver breached their duty to exercise reasonable care. Because these incidents happen on private property, working with an attorney is essential to gather evidence and safeguard your right to fair injury compensation.Another common scenario involving a collision in a parking lot occurs when two vehicles attempt to reverse at the same time. In these cases, both drivers may share responsibility because each driver must ensure it is safe before backing up.

State-Specific Parking Lot Accident Laws

Traffic regulations and liability rules for parking lot collisions vary significantly depending on the state where the incident occurred.

Parking Lot Accident Laws in California

California utilizes a pure comparative negligence system for parking lot collisions. This means you can still pursue injury compensation even if you are partially to blame. Your final recovery is simply reduced by your exact percentage of fault.

Because insurance adjusters often use shared blame to reduce payouts, working with an experienced personal injury lawyer at Kohan & Bablove Injury Attorneys is vital for your car accident claim in Orange County, Irvine, and Newport Beach.

Common Parking Lot Collision Scenarios

Backing Out of a Parking Space Accidents

These incidents typically occur when a driver reverses out of a spot without checking blind spots, failing to yield to oncoming traffic. The backing driver is usually found at fault in these car accident claims.

Rear-End & Left Turn Accidents

Parking lots might seem like low-speed zones, but determining fault in a rear-end collision still  happens . Sudden stops or racing for an open space often result in rea.r-end or left-turn collisions. If an insurance company denies responsibility, working with an attorney helps secure the full injury compensation you deserve. It’s all about determining who had the right of way and whether anyone was acting negligently.

Hitting a Parked Car & Hit and Runs

Striking an unoccupied vehicle and fleeing the scene is illegal under California law. If you are a victim, a local personal injury lawyer can help you explore legal options, including filing a lawsuit.It’s way better to be upfront than to face hit-and-run charges later.

Pedestrian Accidents & Distracted Driving

If a car hits a pedestrian, the driver is often at fault, but not always. It depends on the circumstances. Distracted driving is a huge problem everywhere, and parking lots are no exception. Drivers distracted by phones or looking for open spaces frequently cause catastrophic pedestrian accidents. Kohan & Bablove Injury Attorneys helps families in Irvine and Newport Beach hold these negligent drivers accountable.

Right-of-way Rules in Parking Lots

Thoroughfare Versus Feeder Lanes

Parking lots often feature a system of lanes, and it’s essential to understand how they operate. Think of it like this: there are main roads (thoroughfare lanes) that run around the perimeter, and smaller lanes (feeder lanes) that branch off into the parking spots. Generally, cars in the thoroughfare lanes have the right-of-way. If you’re pulling out of a feeder lane and collide with someone in a thoroughfare, you’re likely at fault. It’s similar to how streets work, but on a smaller scale.

Do Regular Traffic Laws Apply in Parking Lots?

Yes, regular traffic laws and the duty to exercise reasonable care apply in California parking lots, despite them usually being private property. Drivers are legally required to obey posted stop signs, speed limits, and right-of-way rules just as they would on a public highway.

Because local law enforcement rarely issues traffic citations on private property, working with an experienced personal injury lawyer at Kohan & Bablove Injury Attorneys is vital to gathering evidence and proving liability.

Understanding Shared Fault & Exceptions

California utilizes a pure comparative negligence system, meaning multiple drivers can share fault in a parking lot collision. For instance, while a driver backing out of a space is typically at fault for failing to yield to oncoming traffic, two drivers backing up simultaneously may share the blame. If you are injured in Irvine or Newport Beach, our supportive team is here to guide you through the process.

Are Parking Lot Owners Liable for Damage?

Parking lot owners can be held liable for damage or injuries if the incident was directly caused by their failure to maintain a safe property. To establish liability, it must be proven that the property owner or manager knew—or reasonably should have known—about a hazardous condition and failed to correct it.

In California, property owners have a legal duty to keep their premises reasonably safe for drivers and pedestrians alike. Under premises liability law, you may have grounds for filing a lawsuit against a commercial or private owner if their negligence resulted in your harm.

Common examples of property owner negligence in parking lots include:

• Poor Maintenance: Ignoring deep potholes, cracked asphalt, or accumulated debris that causes slip-and-falls or vehicle damage.
• Inadequate Lighting: Failing to replace burnt-out bulbs, creating dark zones that increase the risk of criminal assaults or collisions.
• Deceptive Layouts: Lacking proper stop signs, speed bumps, or directional arrows to safely guide traffic flow.

It’s important to document everything. Take photos of the hazard, get witness statements, and keep records of your medical bills and car repair estimates. This evidence will be crucial in building your case.

Why Fault Matters for Your Insurance Claim

It’s easy to think of parking lot fender-benders as minor inconveniences. Still, the reality is that determining fault can have a significant impact on your wallet and your insurance rates. Let’s break down why.

Collision Coverage Considerations

Even if you’re at fault, collision coverage can help cover the cost of your vehicle’s repairs. However, please note that you’ll still be responsible for paying your deductible. Weigh the deductible cost against the repair expenses to determine if filing a claim is worthwhile. Determining who is at fault can be challenging, but it’s essential to decide on the course of action.

Financial Responsibility of Uninsured Drivers

If the at-fault driver is uninsured, the situation becomes complicated. You may need to rely on your uninsured motorist coverage or consider pursuing legal action to recover damages. This is where things can become extremely expensive, very quickly. An uninsured driver is personally liable for injuries, vehicle damage, and other losses.

Dealing with an uninsured driver after a parking lot accident can be a headache. It often involves legal processes to recover costs, which can be time-consuming and stressful.

What to Do After a Parking Lot Fender Bender

After a parking lot fender bender, you should immediately exchange contact and insurance information with the other driver, document the scene with photos, and report the incident. Even in minor collisions, seeking a prompt medical evaluation and consulting a legal professional ensures your rights remain protected.

To safeguard your health and build a strong car accident claim, follow these steps:

• Move to Safety: Pull vehicles out of the active traffic lane if possible.
• Gather Evidence: Take photos of vehicle damage, lane markings, and nearby signs.
• Identify Witnesses: Collect contact details from anyone who saw the collision.
• Exchange information: Get the other driver’s name, contact info, insurance details, and license plate number. Make sure they get yours too.
• Report the Incident: Request an incident report from the property or store manager.

Even minor accidents can cause delayed injuries. Speaking with a supportive personal injury lawyer at Kohan & Bablove Injury Attorneys in Orange County helps ensure you receive fair injury compensation

Seeking Legal Counsel From a Car Accident Lawyer

The accident was more complicated than a simple scratch. Or you’re unsure about what to do next. That’s where a car accident lawyer comes in. They can help you understand your rights and options, especially if there are injuries, significant damage, or disputes about who’s at fault. A lawyer can investigate the accident, gather evidence, negotiate with insurance companies, and even represent you in court if necessary.

Frequently Asked Questions

Are parking lot accidents considered “no-fault”?

No. In California, parking lot accidents are not “no-fault.” California follows a fault-based system, meaning liability is assigned to the driver whose negligence caused the crash.

If motorists share the blame, liability is split using pure comparative negligence rules.

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Update * Jesse Bablove of Kohan & Bablove has WON OUR CASE and the insurance co. has agreed to maximum policy  settlement of $100.000 Thank You Jesse 👍😎

Jesse Bablove is spot on the best lawyer I've ever been represented by he is a pleasure to work with and in my case has responded to each and every one of my pesky calls and texts either immediately or within a very reasonable short amount of time. Jesse and Susie both are very Professional, Respectful, Compassionate and in my case "Immensely  Patient" (especially in my case " I'm a pest") I highly recommend them and give there firm a ********** 10 Star rating in my book 5 stars just doesn't give them a proper rating for there above and beyond personal Professionalism ! 10 ********** Stars ! 👍 Almost every lawyer I have had in the past won't answer questions directly because they are so full of themselves that they think their time has more value  than a client and won't be bothered with questions. Jesse Bablove & Susie both in no way fit this description of disrespectful behavior and I give you my Personal Word this is true and a Honest description of there firm and them personally  and my Word is Old-School Solid unlike the word of many in our country at this time even at the " highest levels of command " !
My review is a Accurate & Honest Description of this Law Firm  and can be trusted 💯  percent !
  
 
  
 
 
 
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I can’t say enough good things about Kohan & Bablove! After my car accident, I was overwhelmed, in pain, and unsure of what to do next. From the moment I contacted them, they treated me with compassion, professionalism, and a level of dedication that truly exceeded my expectations.

Their team guided me through every step of the process — from handling medical bills and insurance calls to making sure I received the compensation I deserved. They were always available to answer my questions (no matter how small), kept me updated regularly, and made me feel like a priority every single time we spoke.

If you’ve been in an accident and don’t know where to turn, I highly recommend reaching out to Kohan & Bablove. They made a difficult time so much easier, and I’m incredibly grateful for everything they did for me.
  
 
  
 
 
 
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I got into a hit and run accident on my motorcycle. It was a very scary and stressful experience. But I was fortunate to find Jesse and his team. They helped me with the whole process and made sure I went to the right doctors to get the help I needed. Jesse and his team were very patient and attentive. They took care of everything! Which definitely relived my stress and helped my over all mental health during the situation. And the best part is they helped me get a really great settlement. I really appreciate everything they did and will definitely recommend them to anyone who needs an attentive hard working team
  
 
  
 
 
 
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Attorney BABLOVE was very knowledgeable , kind & caring.  He helped me to settle my case with insurance company & prior  attorney was not able to do so.  Therefore, I have recommended him to my friends & family members.  I highly recommend him if you need an attorney for your accident case.
  
 
  
 
 
 
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My attorney handled my case with professionalism and and achieved a very satisfied result.  He was always available to answer my questions and/or concerns and put me at ease through our legal process. I would highly recommend this law firm.
  
 
  
 
 
 
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Kohan and Bablove were awesome to work with.  Their communications was awesome and was able to get us a settlement for our accident.  Thanks for all your help.
  
 
  
 
 
 
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Jesse Bablove and his Staff are nothing but top-notch ! the last 2 years were hard for me with my injuries l never had to worry about anything doctors insurance companies nothing Jesse office took care of everything so all i need to do was get well from my injuries and get back to my life and work       Thank you  Jesse and Jessica for the excellent service and support.
  
 
  
 
 
 
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Jesse and his entire team were great through the entire process of my case.. Excellent communication, very attentive, and definitely got the job done.. My case settled for more than I expected and I would definitely recommend them to anyone in need of a personal injury attorney..
  
 
  
 
 
 
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I had an absolutely amazing experience working with Kohan and Bablove over the past year! Jesse and Michaeleen were amazing attorneys and helped me with my car accident case. Everyone is so helpful and made, what should have been a tough experience, super easy and always answered my questions along the way. I would highly recommend them for your personal injury needs.
  
 
  
 
 
 
   
 
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Kohan & Bablove Injury Attorneys

Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.

www.dkblawyers.com

In California, shared blame does not bar you from recovering compensation. Under the state’s pure comparative negligence system, you can pursue damages even if you are mostly responsible for the crash.

However, your financial recovery is reduced by your exact percentage of fault. If your total damages equal $100,000 but you are found 20% liable, your final payout is $80,000. Contact Kohan & Bablove Injury Attorneys to protect your settlement from inflated insurance fault claims.

The state has a system called pure comparative negligence, which means even if you’re partially at fault, you might still be able to get money for your injuries and damages. It’s a bit complicated, and knowing how it works can make a big difference in your case.

Understanding California’s “Pure Comparative Fault” Law

When filing a car accident claim in Orange County, understanding how liability is shared is crucial to protecting your rights and securing fair injury compensation.

Is California a Partial Fault State?

Yes, California is a partial fault state that operates under a “pure comparative negligence” system. This means multiple drivers can share blame for a single collision, and you can still recover damages even if you were up to 99% responsible for the incident.

Under this rule, your final financial recovery is directly reduced by your exact percentage of responsibility:

• 90% At Fault: If your damages total $100,000 but you are found 90% to blame, you can still collect $10,000.
• 10% At Fault: If you bear only 10% of the blame, your payout is reduced by 10%, yielding $90,000.

Insurance adjusters frequently exploit this law to unfairly shift blame and minimize payouts. A dedicated personal injury lawyer at Kohan & Bablove Injury Attorneys will fight to ensure your liability is evaluated fairly. This is a key aspect of California Accident Fault Laws.If you’re dealing with a complex situation, like a wrongful death attorney Orange County or a medical malpractice lawyer Orange County, understanding these fault laws is just as important.

How Shared Fault Impacts Your Compensation

Under California’s pure comparative negligence system, the amount of injury compensation you are entitled to receive is directly tied to your percentage of responsibility for the crash. When you file a car accident claim, insurance adjusters or court judges will evaluate the evidence to assign a specific fault percentage to every driver involved. Your final financial recovery is then reduced by your portion of blame.

Because there is no rigid formula for deciding responsibility, insurance companies frequently try to shift the blame onto victims to minimize their payouts. This makes establishing an accurate account of the incident absolutely vital for your financial recovery.(refined)

Examples of Shared Fault: 50/50 and 80/20 Splits

To better understand how shared fault works in real-world situations, consider these scenarios based on an individual suffering $100,000 in total damages, including medical bills, vehicle repairs, and lost wages:

• The 50/50 Split (Equal Blame): Suppose two drivers collide at an intersection in Irvine. Driver A pulled out without looking, but Driver B was speeding through the area. If investigators determine both actions contributed equally to the crash, fault is split 50/50. Driver B’s $100,000 payout is reduced by 50%, leaving them with $50,000.
• The 80/20 Split (Minor Blame): Imagine a driver abruptly changes lanes without signaling on a Newport Beach highway, striking your car. However, because you were briefly distracted by the radio, you are assigned 20% of the blame, while the other driver receives 80%. Your $100,000 compensation is reduced by 20%, resulting in an $80,000 recovery.

Even a minor adjustment in how fault is allocated can drastically change your financial future. This is where having a good lawyer, perhaps an Orange County negligence lawyer, can really make a difference in making sure your percentage of fault is accurately assessed.

How Insurance Adjusters Determine Liability

After an accident in Orange County, insurance adjusters determine liability by thoroughly investigating the crash to decide who is financially responsible. They review official police reports, examine vehicle damage patterns, interview witnesses, and analyze local traffic laws to assign a specific percentage of fault to each driver involved.

Multiple Claims and Reducing Payouts

Insurance adjusters are trained to protect their company’s bottom line. When handling multiple claims from a multi-vehicle accident, their primary strategy often revolves around reducing payouts by shifting blame onto other parties. Under California’s comparative fault system, even a minor increase in your assigned responsibility drastically lowers your injury compensation.

Adjusters frequently minimize claims using tactics such as:

• Twisting recorded statements to make you sound at fault.
• Reviewing medical histories to claim your injuries were pre-existing.
• Using minor bumper damage to argue the impact was too low to cause physical harm.

Can You Dispute an 80/20 Car Insurance Claim?

Yes, you can absolutely dispute an 80/20 car insurance claim if you believe the fault allocation is unfair or inaccurate. To successfully challenge the insurance adjuster’s determination, you must submit new, compelling evidence that proves the other driver bears a higher percentage of responsibility for the collision.

Disputing an unfair assessment requires a strategic legal approach. Partnering with an experienced personal injury lawyer at Kohan & Bablove Injury Attorneys in Irvine or Newport Beach ensures you have a supportive advocate to contest the decision. Our legal team can help secure vital dashcam footage, black box data, or expert accident reconstruction to safeguard your car accident claim. Establishing a clear link between the negligent action and the resulting harm is key to any partially at-fault car accident claim. Without proving causation, even if negligence is present, liability might not be assigned as expected.

Crucial Steps to Protect Your Rights After a Crash

The actions you take immediately following a motor vehicle collision can significantly impact your health and your ability to recover financial compensation. Taking the right steps ensures you preserve critical evidence and safeguards your future car accident claim from being unfairly denied. This guide outlines the vital actions you must take to safeguard your future and ensure you secure the maximum injury compensation you deserve.

Prioritize Safety and Gather Evidence

Your immediate priority after a collision is always to move to a safe area, check for injuries, and call emergency services. Once safety is secured, gathering real-time evidence at the scene is vital to proving liability later on.

Be sure to compile:

• Visual Proof: Clear photos of vehicle damage, skid marks, road conditions, and traffic signs.
• Driver Information: Full names, phone numbers, driver’s license numbers, and insurance details from all drivers.

Witness Input: Contact information from any eyewitnesses who saw the incident occur.

Once safety is secured, you must pivot to gathering real-time evidence at the scene. Collecting documentation on the spot provides the foundation for a successful car accident claim.

The Importance of Remaining at the Scene

It’s against the law to leave the scene of an accident in California, especially if there are injuries or significant property damage. This is considered a hit-and-run and can lead to serious criminal charges. So, no matter how minor the collision seems, stay put until law enforcement or emergency services arrive, or until you’ve exchanged information with the other parties involved and it’s safe to leave.

Gathering Essential Information at the Accident Site

While waiting for authorities, start gathering information. This includes:

• Other Drivers: Get their names, addresses, phone numbers, driver’s license numbers, and insurance information. Also, note their license plate numbers.
• Witnesses: If anyone saw the accident, get their names and contact details. Their statements can be incredibly helpful.
• Vehicle Details: Make notes about the make, model, and year of all vehicles involved.
• Scene Details: Take photos of the accident scene, including damage to all vehicles, road conditions, traffic signals, and any visible injuries. This documentation is key, especially when dealing with insurance companies or if you need an Orange County car accident attorney.

Remember, California is an at-fault state, meaning the driver responsible for the crash is liable for damages. Understanding California Auto Accident Laws is important, and if you’re dealing with a truck accident lawyer Orange County or an Orange County Uber accident lawyer, having this information ready will be beneficial. Even if you think you might be partially to blame, avoid admitting fault at the scene. Let the investigation and legal professionals sort out the details. You can learn more about California Vehicle Accident Laws to better understand your rights and responsibilities. This is not a no-fault accident California scenario, so fault determination is key.

What Not to Say: Never Admit Fault

At the accident scene, keep your conversations brief and strictly objective. Never say “I’m sorry,” “I didn’t see you,” or “My bad.” In the insurance world, basic politeness is routinely weaponized as an admission of legal liability. Even if you think you contributed to the crash, keep it to yourself. Let the forensic evidence and police reports tell the story—not an adrenaline-fueled comment you’ll regret later.

Seek Expert Legal Guidance

Navigating the aftermath of a collision while dealing with pushy insurance adjusters is an uphill battle. Adjusters are trained to minimize payouts or twist your statements to devalue your claim. Seeking professional representation levels the playing field. Contact Kohan & Bablove Injury Attorneys today to protect your rights, handle the complex paperwork, and secure the maximum compensation you legally deserve.

We fight tirelessly to minimize your assigned fault, protect your rights, and secure the comprehensive justice and maximum compensation you need to move forward with your life.You can learn more about the evidence needed in car accident cases.

Frequently Asked Questions

How does my percentage of fault affect my compensation?

Your percentage of fault directly affects how much money you can get. If you’re found to be 20% at fault, the total amount you’re awarded will be reduced by 20%. So, if your damages are $10,000, you’d receive $8,000.

What happens if you are entirely at fault for a car accident in California?

Your insurance covers the other driver’s damages up to your policy limits. You are personally responsible for your own losses unless you carry collision coverage.

How many points do you get for an at-fault accident in California?

An at-fault accident adds one point to your California DMV driving record. This point generally remains on your public record for three years.

What is the hardest injury to prove?

Soft tissue injuries like whiplash are the hardest to prove because they do not show on X-rays. Consistent medical documentation is vital for these claims.

Kohan & Bablove Injury Attorneys

Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.

www.dkblawyers.com