Frequently Asked Questions (FAQs)
The following are answers to questions frequently asked of the personal injury attorneys in the Southern California Law Offices of Vernon C. Krol & Ronald C. Koerner. If you have been injured in an accident by an uninsured motorist or a defective product, or the victim of dental malpractice, you may find these answers helpful. If you have additional questions, contact the lawyers at Vernon C. Krol & Ronald C. Koerner for a consultation about your particular circumstances.
- What should I do if I have been injured in an accident?
- How much time do I have to file a lawsuit?
- How do I know what my case is worth?
- Is it true that I am at fault if I hit the car from behind?
- What if I am hit by a driver who does not carry insurance?
- If I received money from other sources for my injuries, such as health insurance, workers' compensation, or disability payments, will those awards preclude my recovery against the defendant who caused my injuries?
Q. What should I do if I have been injured in an accident?
A. First and foremost, you should of course seek prompt and proper medical attention. Even if you do not feel injured right away, a medical examination is prudent. After you have seen to any emergency medical needs, be sure to document the injury and its cause. For instance, if you were injured in an automobile accident, photograph the scene and the damage to your vehicle, and make notes about the weather and lighting conditions at the time of the accident. You will also want to obtain information from any witnesses to the accident so that they can be contacted later. If you are the victim of dental malpractice, keep a written record of the treatments you are receiving and the symptoms you are experiencing. Seek out the advice of an experienced trial lawyer as soon as possible.
Q. How much time do I have to file a lawsuit?
A. In most personal injury actions, the statute of limitations requires you to file a lawsuit within two years from the date of the injury. The rules are slightly different in medical and dental malpractice actions. Also, there are certain factors which may toll, or pause, the limitation period from running. Because the running of the statute of limitations will prevent you from filing a suit, if you intend to seek legal redress for your injury, it is very important to seek professional legal advice as soon as possible after the date of the injury.
Q. How do I know what my case is worth?
A. The value of a case is dependent on the facts and circumstances surrounding the case, and often one key factor can make the difference between a case worth hundreds of dollars and a case worth hundreds of thousands of dollars. An experienced trial attorney can help you evaluate your case for its true worth, taking into account all possible sources of liability and potential compensation, the quality of the evidence, and possible defenses that may be raised. The more accurate and detailed information you can provide your attorney, the more likely you will receive a fair assessment of your case's worth.
Q. Is it true that I am at fault if I hit the car from behind?
A. Not necessarily. California law does prohibit drivers from following too closely behind other vehicles. Drivers are not to follow another vehicle more closely than is reasonable and prudent given the speed of the vehicle and current road and traffic conditions. In addition, highway drivers are to keep a 300 foot clearance between vehicles. A rear-end collision often raises the presumption that the driver behind was either following too closely or not paying attention. However, there may be instances when the intentional or negligent conduct of the forward driver caused the collision. Who is at fault in a traffic accident is a question of fact, and one should not automatically assume that the law does not provide recovery to a driver who hits another from behind.
Q. What if I am hit by a driver who does not carry insurance?
A. If you have uninsured motorist coverage on your own policy, then you can submit a claim to your own insurance company. Otherwise, your sole recourse is a civil lawsuit against the negligent driver, although a driver who cannot afford liability insurance is not likely to have enough assets to satisfy any judgment you obtain. Uninsured motorist coverage is always a smart option to guard against this situation.
Q. If I received money from other sources for my injuries, such as health insurance, workers' compensation, or disability payments, will those awards preclude my recovery against the defendant who caused my injuries?
A. No. Just because you may have received compensation from other sources, that does not lessen the liability of the wrongdoer who caused your injuries. It is true that the defendant in a civil action may introduce evidence to the jury of collateral sources of payment you may have received, but in rebuttal you can present to the jury how you are contractually entitled to those funds through payment of premiums, taxes, etc., wholly independent of your lawsuit against the defendant.
