Personal Injury

September 10, 2021

How Social Media Can Hurt Your Personal Injury Claim?

Silence is golden. Or at least it probably should be when it comes to social media and personal injury claims. It may start out innocently. You were involved in a serious car accident and suffered severe injuries. You make some social media posts because your friends and family are worried about you, and you want to ease their concerns. Social media is increasingly becoming more of our mode of communication. However, relying so much on social media can cause harm to your personal injury claim if you aren’t careful because much of the information obtained is fair game. As soon as you were involved in your accident or event, you want to make sure that you don’t jeopardize your upcoming case or current one.

Confidentiality

You shouldn’t talk about your potential claim or your case and certainly should not disclose certain details with anyone except an attorney. With your lawyer, the things that you talk about are confidential, and protected under the attorney client privilege. However, you lose that privilege the moment that you post something online; it is now public information. The general public, including the other side, can now be privy to the following:

August 13, 2021

How Do I Work with an Attorney on a Contingency Basis?

By Walton Law, A.P.C.

Many people are reluctant to hire a lawyer because they don’t think they can pay for legal fees out of pocket. Obviously, lawyers operate businesses and are paid for the work that they do. However, in personal injury cases, attorneys often don’t require payments from their clients at the onset. Instead they offer their services on a “contingency fee” basis.

The contingency fee arrangement allows an individual who has suffered a personal injury a way to hold those responsible accountable and to get the compensation that they deserve even if they can’t afford an attorney outright. This way they can seek out justice without the expense of a hefty monthly attorney bill that most other types of clients receive.

What is a Contingency Fee?

July 9, 2021

What’s the Difference Between Personal Injury and Medical Malpractice?

By Walton Law, A.P.C.

Consider the following scenario: You trip and fall at the grocery store, which results in a broken leg. You want to get compensated for your health care costs and lost wages. You realize that you would want to consult with a personal injury attorney to assist you with a claim against the supermarket. But in this same situation, you receive medical care from a doctor who uses an incorrect surgical device which makes your injured leg require an additional surgery. While you’re in the hospital, you acquire an infection with the end result being an amputation of your leg. Suddenly, it occurs to you that you might need another type of attorney for your claim against the surgeon. You ask around and realize that you want someone who specializes in medical malpractice. Read on to understand the difference between personal injury and medical malpractice.

Personal Injury vs. Medical Malpractice

By being exposed to solicitations and legal advertising, many people realize that when someone experiences a physical or emotional injury due to another party’s fault, then they could pursue a claim under personal injury law and would seek this type of attorney. However, if that injury is the direct result of a medical professional like a physician, then you would consult with a medical malpractice attorney. Medical malpractice is a legal specialty under the umbrella of “personal injury law.” Thus, all malpractice lawyers are personal injury lawyers, but not all personal injury lawyers are malpractice lawyers.

May 28, 2021

What You Should Know about Being Compensated for Gym Injuries

By Walton Law, A.P.C.

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As more businesses continue to re-open in California as Covid-19 cases decrease and vaccination rates increase, you might be more willing to check out your local gym to lose some of the pandemic weight. But what happens if you suffer injuries at your gym? Read on for important information that discusses your legal rights and what you should do to get compensated for any losses you may have suffered at the gym with a personal injury lawsuit.

When you visit the gym, you expect that the premises will be clean, secure, and well-maintained; you also expect that the equipment is safe to use for your exercise needs. Fortunately, this is true most of the time. However, if a gym owner fails to maintain their gym and its equipment, then it can lead to major accident and serious injuries. If an individual suffers an injury at the gym, then they could have a potential legal claim against the owners of the gym, the gym, and the gym’s insurance company.

Types of Gym Accidents

May 21, 2021

Auto Insurance Requirements in California

By Walton Law, A.P.C.

California, (like many other states) has minimum insurance requirements which must be made before you can operate a vehicle legally. Under state law, you are required to have automobile insurance, and if you don’t, there are penalties for not having the minimum amount.

The way that almost all accident-related injuries are compensated is through liability insurance. Since California is an at fault state, the insurance company of the person whose negligence caused the accident is responsible for paying for the injured party’s damages; this is the reason that California requires auto insurance minimums.

Minimum California Car Insurance Coverage

February 26, 2021

The Steps to Take After a Car Accident

By Walton Law, A.P.C.

Being involved in a vehicle accident can leave you shaken up and disoriented. However, you will want to remain calm and try to incorporate certain activities to your “to-do” list after you’ve been involved in a collision. Read on to learn what steps to take after a car accident.

Requirements in Case of Injury or Death

If you are involved in an accident where anyone was injured or killed, you should do the following:

February 19, 2021

Can I Sue for a Fall?

By Walton Law, A.P.C.

Thousands of people are seriously injured each year by falling on various unsafe surfaces. It could happen anywhere. You could slip on the wet floor in a grocery store, or trip on a raised sidewalk in front of the bank, or on a rough patch of ground near your local pharmacy. However, just because you slip, and fall doesn’t necessarily mean that you have a case to pursue.

Liability for Falls

If you’ve experienced a fall, you have to determine whether someone is liable for any damage that you’ve suffered. People who own, lease, or control property owe a duty to reasonably protect people from harm when they enter that property. In some cases, the property owners will be responsible, and other times they will not.

December 10, 2020

Steps to Take After You’ve Been Bitten by a Dog

By Walton Law, A.P.C.

Being bitten by a dog can be a traumatic event. In the moment, you may be so shocked that you don’t know what to do. However, you should try to stay calm and follow these steps that can protect you, and help you later if you decide to seek compensation for your injuries from the dog’s owner. Read on to learn about key steps to take after you’ve become a dog bite victim.

What to Do After a Dog Bite:

Obtain Immediate Medical Assistance: You should immediately get medical assistance right after the bite occurs. There are a lot of medical risks that are tied to animal bites. If you delay being treated right away, it could lead to a serious infection.

November 6, 2020

How Do Insurance Policy Limits Impact Your Car Accident Value?

By Walton Law, A.P.C.

You were driving down the road to pick up groceries when suddenly a car doing about 65 comes crashing into you. You decide to file a claim so that you can get compensated for your injuries, including your medical expenses, pain and suffering, lost wages, and quality of life losses. In order to properly get reimbursement for the damages that you sustained, you will usually have to rely upon the insurance company of the other driver. The value of your claim is the total of what you can collect. It depends on many factors, including the injuries you suffered and the amount of the insurance policy the other driver has available to them to pay the claim. In most scenarios, the realistic maximum amount of money that can be collected—regardless of the injury—is the amount of insurance policy. It plays a significant part in a car accident case and policy limits determine the total amount of money that an insurance company may pay. Read on for information on how insurance policy limits impact your car accident value.

Determining Fault

California does not recognize “no-fault” laws. Therefore, a preliminary step in your car accident case, before you can recover damages, is determining that another driver is at fault. Multiple parties can be at fault and you can file against any or all of them. Even the plaintiff can be partially be at fault. California is a comparative negligence state, which means that a negligent plaintiff can still recover damages. However, the monetary amount is reduced by their degree of fault.

October 16, 2020

Is It Better to Settle or go to Trial for Your Personal Injury Case?

By Walton Law, A.P.C.

Law is hard to navigate when you need the Legal System to help right the wrongs against you. The goal of any personal injury and wrongful death case is to get fairly compensated following your accident. As one of the top San Diego and Riverside County personal injury law firms, we are dedicated to getting results for our clients. Whether it is through a settlement or taking your case to trial, both have advantages and disadvantages.

Pros and Cons of a Personal Injury Settlement

Roughly 95% of all Personal Injury cases settle prior to trial. Some of the benefits of settling your case include: