Articles Posted in Informational Resources

When clients come to a personal injury lawyer, they expect to be treated fairly and trust in their attorney to handle the case with care and dignity. For most people, it’s usually safe to assume that when someone tells you that he or she is an attorney, you can trust them. That, however, is exactly what led to trouble in California.

accident-lawyer-in-sacramentoOliver Ortega, a Guatemalan immigrant, learned this lesson the hard way five years ago. Ortega sought out a personal injury lawyer to aid him in his legal battle with a former employer who he was planning to sue for a wage claim. That’s when Ortega met Jesus Lozano, and his troubles really began.

On the surface, Lozano seemed to be a qualified, respected personal injury attorney. On his business card, he stated that he offered a wide range of different legal services. According to Ortega, Lozano had two complete sets of the California Penal Code on his bookshelves. So to get his case stated, Ortega paid Lozano $400 and was promised that he would begin working.

When you’re in an auto accident, you might feel as if you’re being pulled in so many different directions. You’re worried about your own injuries and how they will affect your personal life and your ability to hold down a job. You might also be worried about any loved ones of yours who were also injured in the accident. Finally, your car has probably taken some serious damage, and it might be awhile before you have the money to either fix it or get a new one.

sacramento auto accident attorneyWhat you do need to be keenly aware of, out of all these issues, is the matter of statutes of limitations. After you’re in your accident, you have a set amount of time during which you need to get your claim filed. These limitations can change how you and your insurance claims are handled. If you file a claim past the deadline, you will not be able to file a case or a claim with your insurance.

If you have a personal injury claim resulting from an accident, then you have two years to file a lawsuit with regards to auto insurance. If you have property damage to your vehicle or personal property, then you have three years for which to file a lawsuit.

Personal injury lawsuits can really do a number on your finances. When you are hit by another driver, usually you will rely on their insurance to pay for the damages to your car as well as any medical fees. If the driver is uninsured, you will probably go after the driver with a personal injury lawsuit, but no matter what, it will cost you plenty of time and energy.

Some states are better than others when it comes to personal injury and safety. rated all 50 states plus the District of Columbia in order from the riskiest states that will hit your wallet the hardest (#1) to the most lenient states that may save you money but not protection (#51). To judge the level of safety, the site looked at the level of auto insurance required for drivers.

Auto accidents are one of the leading causes for many personal injury lawsuits, and not all states require drivers to have enough insurance to cover damages. That means if another car in the state with the least strict laws hits you, there’s a good chance you will end up paying for your own damages, unless you chose to go after that driver in a personal injury lawsuit.

Insurance adjusters in California are merely employees of an insurance company. They are charged with the task of examining insurance claims for payment. They are considered the frontline in the war against the never-ending onslaught of accident claims. It is their job to pay out as little as acceptable. Many are capable, trustworthy citizens but there are some who will go the extra mile to save the company some money, even if it means bilking you out of your reasonable claim for reimbursement.

The most startling fact about insurance adjusters, the fact people must be continually reminded of, is their job is not to make it possible for accident victims to recoup their damages but to keep that from happening whenever possible. They are paid and often given bonuses to save the company from paying as many claims as possible. They meticulously search for any chance to deny each claim that crosses their desk. The reason this fact is so hard to remember is because they are so good at distracting victims from it. They strive to appear kind, caring, well-meaning and concerned for the victim. This is a falsehood.

Tools of the Trade

Everyone has accidents. Even police and firefighters. Lawsuits against police and firefighters are governed by different laws than civilian lawsuits. A person who has been in an accident with a government vehicle may be entitled to file a lawsuit but it will proceed slightly differently than a private lawsuit. These types of lawsuits must be approached with extreme caution to avoid violating any of the specific regulations pertaining to these cases.

These cases can be tricky because the laws and responsibilities that apply to negligent civilian parties do not pertain to government entities or employees. While the law provides us with the California Code of Civil Procedure, Section 335, which summaries the rules for filing a personal injury lawsuit, it does not fully cover the proper procedure for lawsuits against public entities.

In Sacramento, Statutes of limitation, restrictions, immunities and requirements for claim presentation allow government entities to be exempt from civilian lawsuits in most cases. The Tort Claims Act, or California Government Code Section 810 explains most of these restrictions. In order to file a lawsuit you must determine if the case is covered under the government immunity.

One very important reason to hire an experienced attorney like Moseley Collins for your car accident is his experience in finding fair compensation. Simply filing a suit against the insured person’s insurance isn’t always enough. Often, the policy isn’t enough to cover all the damages done in a car accident. It may simply be insufficient to cover extensive damages.

It is at this moment that car accident victims often feel doubly victimized. Feelings of panic and fear race through their minds constantly. Where will the money come from to restore the damages done? Who will pay for the injuries and loss of income if the negligent drivers insurance isn’t enough to compensate?

Every accident victim requires someone who will resourcefully scout out every avenue of compensation in all areas of recovery. Only an experienced personal injury attorney can accomplish this successfully. There are several other routes available to recoup the expenses of an extensive accident. The victim driver and his/her passengers may have injuries and damages that should be part of a claim on another individual or entity that bears a responsibility in the accident.

It takes a certain type of driver to maneuver Sacramento roads. One must be attentive and skillful. It also takes a specific type of vehicle to successfully maneuver our roads. It should be responsive and well maintained at the very least. Despite having all these things, emergencies happen.

Emergencies on the road can take place anywhere, to anyone, at any time. Brake failure, flat tires, hydroplaning and all manner of breakdowns can cause an accident on the road. When those times occur consider some basic safety tips to prepare you.

Brake failure can definitely cause auto accidents. There are several reasons brakes can fail. If the driver has driven many miles and the breaks can get overheated. Puddles and excessively wet weather can also cause break failure. There are two breaking systems available in most passenger vehicles which California law mandates must be in working order before driving: hydraulic four wheel systems and a parking brake that is mechanically operated.

Communication involves speaking, listening, hand movements and observing facial expressions. A brain injury patient finds it difficult to maintain conversation or they may use improper tone of voice. Some patients find it difficult to determine the difference between a serious comment and a sarcastic remark. Some fail to understand a fast-paced conversation.

According to research, some brain injury patients find it difficult to take their turn in a conversation, while others are unable to find the right words in order to express themselves in speech or writing. Some patients who have serious brain injuries cannot understand conversations, books or newspapers. Some brain injury sufferers fly off the handle while communicating wither others.

Actually, brain injuries affect the thinking capability of the patient. As a result, it becomes a hurdle in the communication. The injuries may also affect their memory. They face difficulties remembering the names of their loved ones. While talking, they sometimes forget the topic they were talking about. Oftentimes, such patients cannot focus their concentration if there are some distractions. Organizing thoughts and avoiding confusion is a hard nut to crack for them. Communication problems make it harder for them to handle social situations. Some brain injury patients start blaming the person they are talking to.

People all over Sacramento, California get into car accidents every day. Whether it’s a simple fender-bender or a serious collision, one of the most common injuries from an accident is whiplash.

Here at the Office of Sacramento Personal Injury Attorney, Moseley Collins, we speak frequently with people suffering from the pain of whiplash. The following is information we have compiled to help those sufferers we know as well as those we don’t:

According to an article entitled “Whiplash” on, whiplash is a non-medical term used to describe neck pain following an injury to the soft tissues of the neck. It may also be called cervical sprain, cervical strain, or hyperextension injury. The injury occurs when the neck is forced to bend beyond its normal capacity.

As a Personal Injury Law Firm in Sacramento, Ca, we know that when someone has been injured in an accident, they have a whole bunch of questions that need to be answered. This is especially true when dealing with complex injuries, such as a traumatic brain injury. To understand more clearly what happens when a brain is injured in an accident, take a look at how a healthy brain and an injured brain are described by the Brain Injury Association:

A healthy brain

To understand what happens when the brain is injured, it is important to realize what a healthy brain is made of and what it does. The brain is enclosed inside the skull. The skull acts as a protective covering for the soft brain. The brain is made of neurons (nerve cells). The neurons form tracts that route throughout the brain. These nerve tracts carry messages to various parts of the brain. The brain uses these messages to perform functions. The functions include our coordinating our body’s systems, such as breathing, heart rate, body temperature, and metabolism; thought processing; body movements; personality; behavior; and the senses, such as vision, hearing, taste, smell, and touch. Each part of the brain serves a specific function and links with other parts of the brain to form more complex functions.

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