When you or a loved one have been injured, the most complete recovery should be everyone’s greatest priority. With serious automobile or workplace accidents, injuries can be traumatic. You may have to deal with these injuries for the rest of your life or care for a loved one who has been permanently disabled. You’ve already been hurt once; the last thing you need is a painful fight with your insurance company.
WHY YOU NEED AN EXPERIENCED PERSONAL INJURY ATTORNEY IN SAN DIEGO
When you’re dealing with the trauma of a serious injury, you can hope your insurance company will process your claim quickly and fairly, but that’s often not the case. You might find that your claim is being denied or delayed.
Protect your rights. Call the Law Offices of Elliott N. Kanter for a no-cost, no-obligation consultation.
TYPES OF PERSONAL INJURY CLAIMS EXPLAINED BY SAN DIEGO ATTORNEYS
Personal injury covers a spectrum of situations including automobile accidents, slip, and fall accidents, and product liability. Our lawyers have a wide variety of experience. Some of our personal injury law practice areas include:
- Automobile accidents
- Bicycle accidents
- Pedestrian accidents
- Uninsured motorist accidents
- Dog Bites
- Slip and falls
- Wrongful death
- Product liabilities
- Crime victims
CAN YOU SUE THE GOVERNMENT TO RECOVER COMPENSATION FOR YOUR PERSONAL INJURY?
If your personal injury was caused by a government agency or employee, the legal process is quite different. There are special rules, known as the California Government Claims Act, that apply when using the government. The rules are extremely complex, and your ability to recover money for your injury can be diminished if the rules are not followed correctly. A lawyer who is familiar with the California Government Claims Act is needed to successfully win a lawsuit against the government.
The California Government Claims Act sets forth the requirements for using a “public entity” or authority employee. A “public entity” is the state of California, a county, or a California local government. Some of the reasons why you might be able to recover against the authority are physical harm, damage to your property, rights violation or the death of a loved one. The California Government Claims Act sets specific procedures and timelines that must be followed for recovery.
TOP LAW FIRM IN SAN DIEGO DISCUSSES HOW TO SUE THE GOVERNMENT AFTER AN INJURY
Before you bring a case to court, you must file a claim with the State Board of Control. The timelines for filing a claim are very strict. If a claim is not completed quickly, you will lose your right to sue. There are also special rules for the content of your claim. It is extremely important that the claim is completed correctly. If mistakes are made, the claim you file with the State Board can limit your lawsuit in court. Speak with a lawyer right away to ensure the rules are followed and to protect your rights.
The State Board of Control will either approve or reject your claim. Approval means that the authority has decided to settle your claim without going to court. Rejection does not mean that the public entity or authority employee is not responsible for your harm, or that you are not owed money for your injury. If the State Board rejects your claim, then you can file suit in a California court. There are time limits for when you need to file a lawsuit with the court, and the time limits vary based upon how the State Board rejects your claim. A lawyer will help you bring your case to court and will argue your case before the judge.
If you think you have the right to sue a public entity or employee, speak with a lawyer today. A lawyer will analyze your claim against the authority and advise you of your options. The California Government Claims Act is complicated. Only an experienced attorney can ensure that the process with be completed correctly and help you recover money for your injury.
WHAT DO PERSONAL INJURY LAWYERS IN SAN DIEGO DO?
The best time to seek representation from a lawyer is before you talk to your insurance company.
The personal injury attorneys at the Law Offices of Elliott N. Kanter will be with you every step of the way.
- We’ll help you file your claim. Whether you were involved in a car accident, suffered a brain injury in a slip and fall, or injured in a truck accident, we can help you file a claim. We gather and prepare all the information you’ll need to prove negligence. Plus we’ll follow up with the insurance company to make sure your claim doesn’t get lost in the processing phase.
- We’ll help provide the information you need. We’ll help provide the medical support to prove the catastrophic effects your injuries are having on your life. If you need to see a specialist, we can refer you to a variety of experts.
- We’ll help document your financial losses beyond medical costs. Lost wages, vehicle and property losses, and any possible medical equipment needed at home can add up quickly. We will fight to win a settlement that covers all of these expenses so you can get the justice you deserve.
INSURANCE COMPANIES AND BAD FAITH CLAIMS EXPLAINED BY A PERSONAL INJURY ATTORNEY
The law of “bad faith” states that an insurance company is held responsible to treat its policyholders fairly and fulfill the requirements of coverage as provided in the insurance contract. The California law is favorable to the insurance policyholders, therefore when an insurance company commits bad faith; the best option is to consider hiring an attorney to evaluate your situation. When is an insurance company acting on “Bad Faith”? Some of the more common examples are:
- The insurance company limits or denies you coverage without rational excuse
- Unreasonable delays in payments
- Repeated requests for information after you have already submitted all required information
- Apparent arbitrary denial of benefits or claims
- Underpaying a claim
- Refusing to authorize crucial medical treatment
HOW CAN YOU PROVE YOUR INSURANCE COMPANY ACTED IN BAD FAITH?
If it can be proven that your insurance company handled your claim in bad faith, you could recover damages. Depending on the circumstances, you could recover the contract damages, the attorney’s fees, and losses you sustained because of the unreasonable conduct of the insurance company. This may include lost earnings from your business or employer, medical expenses from physical or emotional stress. Sometimes even punitive damages can be recovered in California bad faith cases. To obtain punitive damages, it must be proven that the insurance company acted with fraud or malice as defined by the California Civil Code 3294, which states “where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.”
Insurance companies usually have their own legal defenses that are experts in their field and want to protect their business. If you are an individual or small business policyholder and believe that you have been treated unfairly by your insurance company; you will need an experienced attorney who knows insurance law. Elliott N. Kanter is a San Diego personal injury attorney that can help. Mr. Kanter can be reached by filling out the secure mailing form on our website today for a free, no-obligation consultation.
LAW FIRMS IN SAN DIEGO CAN FIGHT FOR JUSTICE ON YOUR BEHALF
The Law Offices of Elliott N. Kanter do not work for insurance companies. Attorneys at our law firm over 30 years of experience representing people like you. We take the time to get to know each client and his or her personal injury case. You’ll find the whole process a lot easier. We want you to understand we are here to help you. So please don’t hesitate to contact the Law Offices of Elliott N. Kanter by phone or email at firstname.lastname@example.org for a no-cost, no-obligation consultation. Our team will answer your legal questions and provide you with advice on how to move forward with your case. It’s never too early to get started–contact us today and let us handle your case.