Common Personal Injury Claims

If you’ve been injured in an accident, you could be compensated for injuries sustained in the accident. There are all types of accidents and injuries that could be a part of a personal injury claim and can cause people confusion. Here are a few common personal injury claims that could be filed, how liability will have to be proven, and how damages will be covered, such as medical costs.

Vehicular Accidents

The most common personal injury claims that are filed are car accident claims. Car accident claims can range from a pedestrian being hit on a sidewalk to a multicar accident on the freeway. Injuries can include concussions, burns, and catastrophic injuries like limb amputation. When filing a car accident claim, you’ll usually be expected to prove that the driver acted in a negligent manner. Compensation for injuries sustained in the accident are paid out as monetary value rather than jail time. Personal injury cases are considered civil cases rather than criminal, so jail time will not be given out in a personal injury claim.

Medical Malpractice

You can file a lawsuit against a medical practitioner for medical malpractice. These lawsuits usually involve misdiagnoses, botched medical procedures, and medication complications due to prescription drug use. Injuries caused by medical malpractice can be complicated, hard to diagnose, and sometimes symptoms don’t show up until months later. It can also be hard to pinpoint who exactly is responsible for the injuries, since multiple medical staff could have been involved in your treatment at the time. Damages are paid like any other personal injury case, but the amount paid could be quite large for severe injuries.

Slip and Fall

Slip and falls can happen in a variety of locations and a variety of injuries, such as sprained ankles or broken bones, can be a result of those falls. More severe accidents, such as an employee falling into the moving parts of machinery, could lead to horrific limb destruction, limb amputation, or even death. Slip and falls are common in places of employment such as construction sites or work that utilizes heavy machinery. Employers are required to minimize the risk of injury to their employees by installing guardrails or placing warning sides to indicate dangerous moving parts. Monetary value awarded in these cases can include worker’s compensation if the injury occurred at a place of employment. Usually the amount rewarded is used to cover medical costs.

If you’re going to be filing any of these common personal injury claims, it’s best to hire an experienced attorney who can help guide you through the claims process. The lawyers at the law offices of Lowthorp Richards can share their legal knowledge with you, offer advice on advancing your case, and work to get you the compensation you deserve for your injuries. Call us to schedule a consultation today.

Water Company Ordered to Pay Ojai Playhouse Damages

In 2014, the historic Ojai Playhouse movie theater suffered damage after a water main break caused a flood. Now, a judge has ordered the former water purveyor of the town to pay the establishment $2.7 million worth of damages.

Golden State Water Co. once managed the water system for Ojai. The company was ordered to pay brothers Khaled Al-Awar and Walid Al-Awar, the owners of the playhouse, almost $2 million for repairs made after the theater was severely damaged, which was ordered by Ventura County Superior Court Judge Vincent O’Neill on July 19, 2017.
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Personal Injuries During the Summertime

Summertime is definitely a fun time for everyone. But with the added fun comes dangerous situations. Swimming, hiking and bike riding are just a few of the activities that we love to participate in during the summer, but certainly, there are many more things that we enjoy doing outside in the summertime.

Unfortunately, just one incident is all it takes to turn our world upside down. And when we suffer personal injuries, it can be difficult to recover.
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Using 1031 Exchange Property as a Vacation Home

Section 1031 of the Internal Revenue Code allows taxpayers to exchange property held for productive use in a trade or business or for investment (hereinafter referred to as “qualified use”) for like-kind property on a tax-deferred basis. Deferred taxes means more funds to put toward replacement property(ies). You may even be able to afford to buy a replacement property in a desirable vacation area—and may be tempted to convert the property to personal use. A pure vacation home or personal residence will not meet the qualified use requirements, however, the IRS does allow some limited personal use of 1031 exchange property.
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What is Probate in California?

Sitting down and having a discussion about what will happen to your assets and finances after you pass away is certainly not an easy thing to do, but it’s something that should be done. You should start your estate planning as early as your graduation from college, and especially once you’re married with children.

When you pass away, most likely your estate will pass through the probate process. This process is the official way your estate is settled through the supervision of probate in California. The estate is frozen until the court determines the Will is valid, all relatives have been notified and that all of the property in the estate is identified. The court will also ensure that creditors and taxes are paid. Once that is all done, an Order is issued by the court for the distribution of the remaining assets. If you die without a will, the court will determine who is appointed as the administrator of the estate and will determine who receives your assets based on a “family tree” of surviving relatives.
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