Frequently Asked Questions
Below are answers to questions frequently encountered by Howard Kornberg while representing people in personal injury and wrongful death lawsuits arising out of automobile accidents, bus, truck, and other vehicle accidents. If you have other questions or need representation from an experienced trial lawyer in Los Angeles, contact The Law Offices of Howard Craig Kornberg today for a free consultation.
Q. What should I do if I'm in a car accident?
A. First, seek emergency medical treatment for yourself and anyone else on the scene requiring medical attention. Regardless of the treatment you receive, make sure to follow up with your regular doctor soon after the accident. The full extent of some injuries, such as head injuries, cannot be immediately determined and may require further diagnostic tests.
While at the scene of the accident, trade personal information with the other driver, including names, addresses, driver's license numbers, registration and insurance information. Obtain contact information for any witnesses, and if possible, take pictures of the scene from different angles, including property damage to both vehicles.
In most cases, the police will arrive at the scene and make a report of the accident based on their observations and interviews with both drivers and witnesses. If you are not able to speak with the police at the time due to your injuries, you should try to obtain a copy of the police report as soon as possible. You will want to review it with your Los Angeles car accident lawyer, and provide input regarding any inaccuracies or provide balance to what might otherwise be a one-sided view of what actually happened.
Do not attempt to repair your car, and do not talk to an insurance adjustor, until you have first contacted a lawyer with experience in handling car accident cases. Certainly, do not sign any documents or accept any payments from the insurance company before you have spoken with a lawyer.
Q. Who will pay my medical bills?
A. Your first source of payment will most likely be your own health insurance. If you have health insurance, you will not be "out-of-pocket" for any expenses beyond your deductible and any required co-pays, up to the stop loss or coinsurance limit on your policy. You should also not have to pay any bills immediately but be able to wait until claims are processed through the insurance company. Along the way, you may find out what tests and procedures are being covered, and you may need the assistance of an attorney to make sure your insurance covers what it has contracted to pay for.
Another source for immediate payment of medical expenses is medical payments coverage, or med pay. This type of coverage is optional on most car insurance policies, but if you have it, it will cover your present medical expenses arising out of the accident.
Eventually, with the aid of an experienced Los Angeles car accident attorney, you will be able to recover a settlement or judgment from the negligent defendant and his or her insurance company. This recovery should cover your present and future medical bills. However, a final settlement or judgment may take many months or even years to obtain. In the meantime, visit with your attorney about the various collateral sources of payment which may be available to you, including social security, Medicare or Medicaid, or workers' compensation or disability payments. Car accident lawyers in Los Angeles can also help you obtain a Letter of Protection, in which your doctor agrees to hold the billing until the case proceeds become available.
Q. What is the statute of limitations in a personal injury case?
A. In most personal injury cases, such as a Los Angeles auto accident attorney, a lawsuit must be filed within two years of the date of the accident, or else the injured party is forever barred from bringing a lawsuit. While this may seem like a long time, it can actually elapse very quickly. Following the loss of a loved one, people are likely to enter into a period of intense mourning and grief, during which time it is difficult to make important decisions and attend to affairs related to the departed family member. Family members likewise may be tied up in attending to business such as administering the probate and execution of the estate, which itself can take many months, a year, or more. Finally, if negotiations with an insurance company are on-going, the insurance company may drag out the resolution past the date when a suit may be filed.
The statute of limitations in a wrongful death case or a claim involving public transportation in bus accidents can be different, and is sometimes substantially less than two years, so it is vital to contact an experienced trial lawyer soon after an accident to protect your rights.
Q. What types of damages can I recover in a car accident?
A. A person who is injured due to the negligence or wrongful acts of another driver is entitled to compensation for certain losses, known as damages. Damages are classified as economic and non-economic. Economic damages include property damage, present and future medical expenses, and lost wages from work missed during recovery from the accident or decreased earning capacity from a long-term disability caused by the accident.
Non-economic damages cannot be determined as objectively as economic damages, but the law recognizes their legitimacy nonetheless. Noneconomic damages include harm such as pain and suffering, emotional distress, and mental anguish. Punitive or exemplary damages, designed to punish the defendant and set an example for future potential wrongdoers, may be available in cases where defendant's conduct went beyond negligence and was particularly reckless or malicious.
Contact us for help
The Law Offices of Howard Craig Kornberg offer experienced, aggressive representation and support to individuals and their families who have suffered serious injury or devastating loss in car accidents. Contact us today for a free initial consultation toll-free at (888) 825-1593.