Top FIVE Things To Do After Any Type of Accident Causing Injury

FIVE THINGS you MUST do Following A Personal Injury Glotzer & Sweat, LLP – Personal Injury Lawyers in Los Angeles, CA

STOP!! You’ve just been in an accident through no fault of your own, you were injured and you are wondering what you need to do? • What information do I need? • Should I take pictures of the area where it happened or my injuries? • Should I report this to my insurance? • Should I talk to the insurance representative for the person who injured me? • Should I go to the doctor right away if I’m hurt? • Which doctor should I see and what kinds of questions should I ask about treatment of my injuries? • Should I call a lawyer and, if so, how soon after the incident should I do so? TOP FIVE THINGS TO DO INCLUDE:
                                     
Get Information and Evidence At the Scene Where the Injury Occurred It is important to obtain enough information at the scene of any accident whether it be a car accident, fall, or any other injury causing event. With the common use of smartphones, this is now easier than ever. Take photos of the following: 1. The driver’s license and proof of insurance for the driver of any vehicle involved in an auto accident. Make sure to focus the camera so that all information is legible. 2. The physical damage to property including automobile property damage to all vehicles involved. 3. The overall view of the accident scene and close up shots of any dangerous condition that may have caused the incident (e.g. slick substances on the floor, protruding objects, holes in the ground, potholes, etc.) or of the positions of the vehicles when they came to rest in an auto accident claim. Write down: The names, addresses and phone numbers of any driver, passenger or witnesses to the accident and the badge number and name of any investigating officer or any Emergency Medical responders at the scene. Request: A copy of a police report from the investigating officer. Usually they will give you a small post card size information card with the “NCIC” or other identification number and instructions on how to request a full report. If not, at least get a business card from the officer(s). In the case of a fall in a retail store, request a copy of any incident report filled out by any employee or manager of the store and ask for a business card or at least the name and employee number for anyone who saw the incident or spoke to the victim afterwards.

Seek PROMPT Medical Attention and Document Your Examination(s) and Treatment(s) You must seek out prompt and thorough medical diagnosis and treatment if you have sustained ANY injury as a result of the incident. This includes the following: • Accepting offers of emergency transport from the scene if necessary • Requesting full and complete diagnosis including x-rays, MRIs, CT Scans or other diagnostic tests that may show the severity of the injuries • Seeking out follow up medical care and treatment AFTER any initial emergency trauma care. This can include a visit to your regular medical doctor and seeking a referral to a specialist such as an Orthopedist, Neurologist or Physical Therapist.

Promptly Report the Incident to Your Own Insurance Carrier Under most policies of insurance including auto insurance, homeowners or renters policies, or business or commercial insurance, there is a duty to promptly report all actual or potential claims. Failure to do so can possibly result in a denial of coverage. When you report the incident, though, just STICK TO THE FACTS: • When did the accident occur? • Where did it happen? • Who was involved? • How did it happen? Be cautious here in describing the incident. Less is more. • “WAS ANYONE INJURED?” Always err on the side of caution when answering this question. Many times injuries do not manifest until days or even weeks following an incident. If you have an attorney, let the lawyer do the reporting of the claim to your insurance company.

 Do NOT Provide Information To ANY Insurance Representative from Any Other Party Involved in the Incident It is important to know that, while you have a contractual duty to report the claim to your own insurance and to cooperate with them in investigating the claim, you have NO such duty with regard to the insurance company for the other side! Insurance carriers are in the business of minimizing payments of claims. One of the major tactics they use is to train their claims adjusters to obtain information from people filing claims against their insureds that can later be used to minimize or deny the claim. DON’T fall into this trap!! For Example, Do NOT: • Consent to a recorded statement either in person or over the phone with the at fault party’s insurance claim’s representative • Sign ANYTHING that is given to you by the insurance company for the other side including: Settlement agreements, releases, waivers, consents to obtain medical information or other protected information such as your social security number or tax information.

Promptly Consult With And Retain A Personal Injury Lawyer According to statistics from the Insurance Research Council (a group who conducts studies for the insurance industry), persons represented by attorneys receive approximately 40 percent higher settlements than those who choose to “represent themselves”. In addition, their stats indicate that 85 percent of ALL dollars paid in auto accident claims go to persons represented by lawyers. Why is this? SIMPLE: Insurance companies are set up to take in premiums and make money through investments of the funds that are “floating” through their accounts. What cuts into these profits? Payments on claims at full value! If they convince you to say and do things before seeking proper legal advice that either completely invalidates your claim or drastically reduces the value ….. THEY MAKE MORE MONEY. The adjuster gets a bonus, the CEO is happy and ALL AT YOUR EXPENSE!

How do I choose a quality personal injury lawyer that cares and will maximize the value of my claim? Reputation, experience, results and compassion. This is what has set Glotzer & Sweat, LLP apart for the past 18 years of representing personal injury victims and their families throughout California including Los Angeles, San Diego, Orange County, and the Inland Empire. For More Information Call Toll Free Statewide @ 1-866-229-0101 or visit our website: http://www.victimslawyer.com

Are the School Zones in Sacramento Safe?

School zones were established to slow drivers down in areas around schools where children would be likely to walk. Despite these safety precautions, it is estimated that around 100 children are killed every year walking to or from school, and that another 25,000 children sustain injuries as a result of accidents in school zones.

Children are not as well-versed in traffic laws nor should they be held responsible for safe practices like adults. This places them at a higher risk of being the victim of a car accident. A study investigating the effectiveness of school zones reviewed a total of 2,717 motor vehicle versus child pedestrian collisions. The researchers found that the density of collisions, particularly fatal collisions, was highest in school zones and decreased the farther from the school you moved. The highest proportion of collisions, at 37.3 percent, occurred among 10- to 14-year-olds. The researchers found most of the collisions within the school zones occurred at midblock locations as opposed to intersections.

Driver Responsibility

Drivers are required by law to yield the right-of-way to pedestrians who are legally crossing the street. This includes children who are crossing the street at a properly designated place within a school zone. Even if there is no crosswalk, drivers should still be mindful when driving through a school zone. Though a child may attempt to cross the street “illegally,” you want to ensure you are obeying the speed limit and are aware of your surroundings should you need to stop quickly. It is important to simply assume children are present, thus keeping you alert to the possibility of a child entering the road.

If a driver hits a child in a school zone, especially if the driver was distracted, he or she could face a serious personal injury lawsuit. Personal injury lawsuits are based on proving the negligence of the driver who caused the accident. If a driver is speeding through a school zone, driving with distractions, or simply fails to yield the right-of-way and strikes a child, that driver may be acting negligently and could be responsible for any resulting damages or wrongful death.

Though it is the driver’s responsibility to control his or her vehicle in a school zone, it is also extremely important to educate children on safe road practices. Though children may not fully understand the risks and consequences of their actions, it is still important to teach them safety. Teach your child to always cross in a cross walk, and to look both ways and ensure no vehicles are coming before doing so. As statistics have shown, the majority of school zone accidents do not occur at crosswalks, where it is usually safe to cross the street, but rather happen in mid-road, where children may cross “illegally” and are at a greater risk of getting hit.

Minors and Personal Injury

A personal injury case becomes even more complex when a minor is involved. Although the procedures for collecting compen­sation for a minor can vary from state to state, a child does have a right to compen­sation for damages including pain and suffering just as an adult does. In addition, the parent or guardian has a separate right to be compensated for medical bills paid on behalf of a child.

Generally the child’s parent or guardian will act on his or her behalf when negotiating a settlement. Some states require a judge to approve the child’s representative, but is usually a quick and simple process. A personal injury case involving a minor generally follows the same format as that of an adult, though the child’s representative negotiates and agrees to settlements on the child’s behalf. States have laws governing how the settlement will be given to the child, usually involving a trust. The money may be used later for educational purposes or is made available to cover specific things like medical costs.

Seeking the Help of An Attorney

No matter how minor or serious the school zone accident may be, it is usually to your benefit to speak with a personal injury attorney. Personal injury attorneys have the knowledge and skills to help you determine if your case has merit or if there are other options for you. Even if you only have questions about your legal rights, including compensation for medical expenses as a result of the injury, speak with a personal injury attorney before making any type of settlement.

Personal Injury Claims Besides Accidents

An injury caused to a person due to the negligence of another person is a personal injury. The general idea about personal injury is when a person gets injured in an accident. The accident has occurred as a result of negligence of the other driver who is involved. 

Besides this general notion, there are other areas which enable you to claim personal injury damages. As the meaning per se, personal injury is the one that happens as a result of offender’s negligence. So, injury caused due to the defective products manufactured by a company, also falls under this parameter.

Defective Products

The products that proved to be dangerous for your personal use are defective products. If for some reason one has received physical damage due to a faulty product, he/she can claim a personal injury claim. Designers and manufacturers are liable to sell safe and comfortable to all products. In case they fail to keep this up, they are liable for paying the damages caused.

This case is different from other visible and non-visible injuries. As in the previously mentioned cases a person has to prove his damages. But in this case where damages are as a result of malfunctioning and faulty products, the claimer need not prove his injury. Rather he needs only to prove that the product is dangerous to use. The product design and manufacturing is unreasonably dangerous to use as intended.

It also can include the defective make of the product. This defective make might have triggered some problem that backfired and injured you. Another reason though is the instructions given to use the product. It is necessary for the manufacturer or the assembler to state instructions for the use of this product. At the same time, making mandatory dos and don’ts, and also provide adequate directions to use the product. When such obligations are not met with and an injury is caused, the defender or the consumer in this case can claim a personal injury claim.

Reporting the injury

• The defender should keep the evidence, in the first case.
• Secondly, keep the product in the same state as it was when injury occurred.
•  Make note of the name of the manufacturer, model, serial number, and user manual.
•  Keep the receipt which show when and where from the product was brought.
• If possible, take pictures of the site of accident.
•  Have accurate addresses and phone numbers of the doctors treating the injured.

This information should be passed on when the claim is made.

Alternative Claim Procedures

Accidents occur due to one’s negligence or the fault of the other person involved in it. In either case, there may be injuries caused. Injuries that are visible and those that cannot be seen.  But these invisible ones actually cause severe pain and discomfort for the person injured. These include strains and stress of the muscles. It also may be a ligament tear or a blood clot. All the mentioned injuries cannot be seen and thus it becomes difficult for the injured to claim insurance.

On the other hand, the insurance company may try to underplay this so as to settle for less. In this case, the question arises about how a claim can be made.  You can file a suit against the offender in the court. This may take a long time to settle keeping in mind that the intensity of the injury cannot be perceived by the judge. Arbitration is the best alternative.

Arbitration is an Alternative Dispute Resolution (ADR). In this type of settlement, the settlement is done out of the court proceedings and traditional lawsuits. If both parties agree for quicker and less messy proceedings, they can go for arbitration system of settlement. 

How does it work?

When the claim is relatively less, (in some places it is less than $50,000) these matters can be subjected to mandatory court-annexed arbitration. The court appoints an arbitrator whose decision will be final. This procedure is inexpensive and relatively informal. A certain amount is fixed by the arbitrator and becomes final. But if one of the parties is dissatisfied, the trial court will hold a trial de novo.  Trial de novo means these appeals are not appeals at all, but mere “do overs” for someone who is unhappy with the result.

When can one adopt Arbitration?

Insurance companies have institutionalized policy of appealing these awards. This is because they need to pay less to the defender. Thus the amount that one may get from arbitration system may be accepted. Another major concern is regarding the jury. The jury has to take painful attempts to understand the injuries they cannot see. These include strained necks and backs. Many times these are the cases that go for smaller claims. So the jury’s work becomes tedious and time consuming and thus may discourage one from going into regular law suits. 

This choice of settlement can be adopted for speedier and less tedious settlement.

Compulsory Arbitration System in Personal Injury

Injuries sustained during an accident may be external or internal. External injury such as a broken leg or arm, or any bleeding involved is quite visible. But it is not that a person will sustain only a visible injury. Many a time a person may sustain a strain in the neck or back, a pull in the muscle or so which is quite invisible. This does not mean that this injury should not be counted as a personal injury. Though externally invisible these injuries are also eligible for claims.

The person injured often feel discouraged to impress the insurance company as this may be a petty claim. Or on the other hand may file a suit against the other offender for a claim. The insurance company may want to settle this for less. When a law suit is filed, again the jury fails to understand the extent of damage. This makes the jury’s work quite tedious and time consuming. 

Arbitration system can be the best alternative for such claims as this requires less time. When the two parties agree upon an arbitrator, the court appoints an arbitrator to settle the matter. The arbitrator looks into the matter and decides upon a particular settlement. It is not necessary that the parties have to agree to it. If any of the party is dissatisfied they can appeal in the court again. But it is rare that it needs a review. 

What is Arbitration system?

Arbitration system is a type of Alternative Dispute Resolution (ADR). It is a way to settle matters outside the traditional lawsuits and court room.

Advantages

•  It is inexpensive and faster.
• One time hearing and decision taken. Doesn’t require trials again and again.
• The amount of settlement is within a pre-fixed range that the insurance company can pay.
• The insurance company also is compelled to pay some amount to the injured which otherwise may be high or low according to the insurance company.
• It will be beneficial as the arbitrator knows the law and the value of the case.
•  It also allows the parties involved to settle for this high or low amount.
•  Arbitrations are held outside courtrooms in private offices or conference rooms.
•  It is relaxed and comfortable.

Countdown to Qatar: Letting Go of Place

For 13 Years, I've Called the Central Appalachian Mountains my Home

These lush mountains provide a home and identity for proud, resourceful, self-reliant Appalachians who express a hospitality that combines both mountain and southern values.  They emphasize family ties, community, and church. 

They use power washers like no other population I've ever met, probably because mold and coal dust tends to coat walls, porches, and other outside structures in this wet climate.  And because, contrary to the stereotype, they are fastidious housekeepers and take great pride in their homes, yards, and gardens. 

These mountains 
shelter wildlife that includes black bears, panthers, coyotes, deer, timber rattlesnakes, migrating birds and butterflies, raptors, owls, mourning doves, ravens, groundhogs, spring peepers, cranes, and chipmunks.  I've also spotted blue-tailed lizards and voles in my own garden. My Facebook friends are familiar with my sightings.

Just about everyone has a dog.  Many folks have three, including me.  Never heard of Redbones until I got here.  And, Chihuahuas -- go figure -- are a popular breed amongst my neighbors.


Grundy itself is located on The Crooked Road, a tourist promotion tied to local bluegrass venues.  I've spent many summer hours enjoying music played by area artists at The Breaks Amphitheatre, The Carter Fold, Jonesborough's Music on the Square,  the Country Cabin, Ralph Stanley's Hills of Home festival, and other venues within a 2-hour radius.

I've hiked the Geologic Trail at The Breaks Interstate Park. That park is known as the Grand Canyon of the South and offers hiking, horseback riding, swimming, paddle boating, camping, and cabin lodging.  Throughout the summer, it hosts nature talks, a Civil War reenactment, a car show, a molasses cook off, and a crafts show. 

I've learned that the area is actually a river-cut plateau made of brown sandstone, coal, slate, and limestone -- the remnants of a great swamp, beach, and sea.  If you look again at the first photo in this posting, you will see that, in the distance, the tops of the mountains, despite all the deep hollers, are flat as pancakes.  That's ancient plateau.

I've stood under the tallest hemlock in the park -- a survivor of early loggers because of its inaccessible location.  It will die soon, with all its kin, because of an infestation of an invasive insect from Japan.

My house shows the hours I've spent in local antique shops, flea markets, and garden supply stores.

I've discovered that the most important gardening tool is a pickax because the ground is full of stones.

I've watched typically quiet Slate Creek swell with snow melt and spring rains and rush past my house at near flood stage.  I've seen it join the Levisa River as it flows northwest (!) to Pikesville, KY across the riverbed access point where Brenda and I collected hundreds of polished sandstones we used to build my garden walk.

I've logged many hours driving along the Appalachian Mountains on my way to historic Abingdon, VA, Johnson City, TN, Charlottesville, VA, or D.C.

I've eaten local strawberries sold by a very sweet, very talkative, 77-year old guy, who told me recently he had had a hard childhood.  Later in the season, he sets up his roadside stand to sell sweet corn, tomatoes -- and later still -- apples.  These seasonal purchases represent my modest effort to support local agriculture.

I've drunk bootleg moonshine delivered in a mason jar and tested by igniting a spoonful over a match flame to see if it burns blue -- a sign that it carries no harmful impurities. 

I've seen annual motorcycle rallies that included a blessing of the bikes, loud music, pork bar-b-que, and acknowledgment of the sacrifice of local veterans in foreign wars.  So many bikers have zipped past my front fence for so many years during the "poker rally" that the dogs long ago gave up barking at them.






I watched demolition crews take the face off a mountain to create a site for one of a few three-story WalMart located in the U.S.  The folks in Grundy, including myself, welcomed this retailer.  It saved us a 45-minute drive to Richlands or Pikeville to do shopping.

I've attended many funerals and watched my friend's loved ones buried in family cemeteries perched on mountain sides where the headstones are positioned so the rainwater pouring off the mountain won't topple them forward. 


I've learned that they still drape lace over the open casket, perhaps forgetting that in the past it was meant to keep flies off the dead.  I've learned that the closest relatives still keep an exhausting, but loving, overnight vigil with the deceased from the time he or she enters the casket to the time the body is laid to rest. I've heard mournful mountain hymns sung at these funerals by local preachers along with joyful ones expressing a deep belief in the safety and peace of Heaven.

I've watched July 4th, Homecoming, and Christmas parades that halted ALL traffic through town and featured fire trucks and ambulances blaring their sirens, home made floats with their riders throwing hard candy to kids along the route, marching Boy Scouts, flag toting veterans, and beauty queens spanning the age of newborns to college-age sweethearts.

I've seen the peril to an economy that is reliant on the extractive industries of timber and coal.

I've heard the whistle of the train, loaded with coke, leaving the belching fires of the Jewel Smokeless coke plant.  

I've seen kudzu cover entire trees, houses, and a backhoe. I've watched -- in the bed of a truck parked on the main route through town -- a sapling grow into a 20-foot tree.  I've seen a poison ivy vine dominate the wall of neighbor's shuttered house.



I've eaten at a local diner that features traditional foods designed to feed large families on very limited incomes. Those local delicacies include chicken & dumplings, beans and cornbread (also known as soup beans), and sauerkraut and wienies. 

I've spent happy times with students, staff, and faculty at the Appalachian School of Law. This mission-driven school gives first generation college grads the opportunity to get a professional degree and then return to their rural communities to provide access to justice, leadership, and community service.

Something Different

I moved here to experience something different from the agricultural plains of the Midwest, where I grew up. 






I moved from St. Louis to a town with 1,000 residents.  I moved from a diverse community -- measured by race, religion, and culture -- to a far more homogenous community, unless you count the confusing (to me) and numerous sects of Baptists -- Regular, Old Regular, Primitive, Evangelical, Southern, and Missionary. 

I moved from an overscheduled life to one centered on teaching, writing, students, friends, and hobbies.

And now, after this long respite, I am ready to try the big city again.  This time, Doha with nearly 800,000 people. No doubt, I'll adapt to that new place.  People will be there to help as people helped me here. 

More about those folks of this place in an upcoming posting.

Countdown to Qatar: What to Sell?

The House, for sure.




Over the last few posts, I've been discussing my transition to a new job in Qatar beginning on August 15 (yes, I've got a firm date now).   That transition has forced me to consider what to sell.  This past week, I boxed up most of the family heirlooms and other items for storage.  I've also packed about ten boxes of clothes and other items I plan to ship.

I also spent several hours on the Qatar Ikea website adding furniture, dinnerware, cutlery, lamps, and other items to my shopping cart to decorate my anticipated four-room apartment in The Pearl District of Doha.  The list includes all sleek, modern items in white, light beige, and black.  Here is my new bed.

So most of my "country cottage" furnishings that I enjoy here will not fit this new experience I'm creating. 

Final Close Out Sale!

So, time to sell everything that's left in the house? 

This week, I was confronted with that possibility.  A potential buyer offered on Thursday to buy the house with all the furnishings.  (Still waiting on a contract, but expect that to come some time next week from her or another interested buyer.)  Over the next 24 hours, I considered what I would and would not sell under those terms.  I wandered through each room assessing the furniture, original artwork, and accessories. 

Turns out, I can sell it all except for a metal sculpture my Mom loved that descended through the Drinkwater side of her family. 














I also want to give to my nephew a sewing box my Grandfather Paul Young created for his mother during the Great Depression.  He carved the word "MOTHER" on the top of the box.  Can you imagine someone doing something quite this sweet today?

On the bottom of it, consistent with his love for accounting, he identified how many pieces of wood he had used (1193), the number of nails (2384), and the number of hours it took to construct (95).  It also mention the use of 5 "belt's,"  but I have no idea what that means.  On the sides, he has featured a Christian cross, a lighthouse, and a sunburst. 

It also refers to the NRA (National Recovery Act) and provides the year of its passage (1933).

I also want to pass on to my nephew two handmade duck decoys that Paul Young carved.  They are the survivors of a great flock he had that, when not being used on a lake during duck hunting season, sat on a ledge in his basement in his house located in Virginia, Illinois.  I recall examining many of them as a child.  

In short, this week represented a major step in the process of letting go of the stuff I've accumulated.  In later posts, I'll talk about letting go of "place" and of the friends and colleagues I've grown to love.



Countdown to Qatar: Letting Go of Pork

My Farewell 

to a Staple Food

I recently described myself as a bacon-eating Buddhist.  I know.  The contradiction is not lost on me.

I grew up in the Midwest, the granddaughter of Illinois farmers on both sides of the family.  As kids, we would often visit the Drinkwater family farm located outside Virginia, Illinois.  The pig sty was not too far from Grandma Drinkwater's back stoop. Perhaps that made it easier to "slop" the pigs.

Their sharp hooves dug up the mud, creating a squishy mud wallow.  (You will like the definition of wallow.) They would  . . . well, wallow in it, much to our delight.

Sometimes, the pigs would lie up next to the wire fence.  We could reach our little fingers through the wire to rub their mud-caked hide that was covered in bristles. We watched their snouts probe the air and then the mud. We laughed at their squeals and snuffles.  Pigs!


Later, out under the huge trees over in the side yard, sitting in dense, newly mowed grass, we would eat fried chicken, green beans --cooked long with a big ham hock, macaroni salad, and watermelon. After that feast, we'd lay back on a quilt to watch the puffy clouds carried by that persistent Illinois wind.

Flies would buzz.  Cicadas would sing. Birds would chirp.  A dog would bark.

Later still, we'd have a slow-cooked pork roast with mashed potatoes, homemade gravy, and any beans left over from lunch.

The following morning, we'd wake to the smell of frying bacon. Sometimes, Grandma might serve up "scrapple" -- a pork-filled corn mush pressed into a block, then sliced, then fried, then served with maple syrup.

In other words, I have warm fuzzy feelings surrounding pork.  It's comfort food to me.


Recently, I posted on Facebook the image of a pink pig, with wings, flying across a blue sky.  The accompanying text read:  "If pigs really could fly, I bet their wings would . . . taste absolutely delicious."

I've eaten pork almost everyday of my life.  Lately, I've been eating it twice a day. Gorging on it, I guess, in anticipation of the cold turkey withdrawal I soon face when I move to Qatar. Qatarians are devout Muslims, for whom pork is not only forbidden, but perhaps even disgusting.

I'm eating grilled country pork ribs that are a local cut I did not know until I moved to the mountains.  Delicious!  I'm eating a St. Louis staple known as pork steaks.  Delicious!  Then there are the thousand of pork sausages I've eaten -- mostly the Italian variety, but also bratwurst.  Delicious, especially when grilled! Bacon. Oh my god, so much bacon.

And, then, prosciutto (which I can find here), salami in several iterations, and ham (mostly the country style and Black Forest).









I'm told that the expat store on the edge of Doha sells pork, as long as you have the right license to buy it. A new friend also suggested bringing it into the country, frozen, and stashed deeply among a woman's underclothes.  Apparently, the customs inspectors just won't go there.

Unlike Dubai, "pork rooms" at hotel and restaurants that cater to expats simply do not exist in Doha.

So, I recently bought these two little stone sculptures of pigs.  I'm taking them with me. That way, when I get to Qatar, I can say: "I have a little pork in the house."