Category: Blog

Do I Need an Attorney if I’m Injured in a Car Accident?

Injured in an accident? Call our attorneys.The Centers for Disease Control (CDC) estimates that car accidents are responsible for more than two million injuries in the US each year. Although some car accidents result in minor injuries that resolve without much effort, others can devastate the lives of survivors and their families. Survivors may require long hospital stays, rehabilitation services and an extended absence from their jobs. In cases that involve catastrophic injuries, accident survivors may never recover.

Depending on the circumstances, it may be possible for survivors with these injuries or their family members to secure compensation from the responsible parties. Money from a settlement or verdict could help pay for expenses that are associated with severe injuries.

How Can an Attorney Help My Car Accident Claim?

There are multiple reasons why it is important to hire an attorney after you or a loved one were injured in a car accident. An attorney could help in ways that include:

  1. Investigating the cause of the wreck: Experienced attorneys are familiar with investigating motor vehicle accidents. They know where to look for evidence that could show fault. Some law firms even work with accident reconstruction specialists to achieve these ends.
  2. Preserving evidence: An attorney can help you preserve crucial evidence. In some cases, the at-fault parties may be guilty of spoliation (intentionally or unintentionally), which could alter or erase crucial evidence.
  3. Taking depositions: During discovery, your attorney could take depositions from witnesses or other experts. Depositions could help build a case against the party or other parties who may be responsible for causing the wreck.
  4. Helping you avoid mistakes: There are mistakes you could make after an accident that could put your ability to recover adequate compensation in jeopardy. For example, talking to the other driver’s insurance company. An attorney can advise you on what not to do after an accident.
  5. Helping you communicate: Various people will want to speak with you after an accident. Insurance companies, health care providers or even an attorney hired by the other driver may try to speak with you. Your attorney could facilitate communications with these individuals to help protect your interests.
  6. Helping you negotiate a settlement: Your attorney could help you negotiate a settlement with the at-fault parties or their attorneys. In addition, your attorney could take the case to trial if necessary.

We have only discussed a few examples of why an attorney can help with your car accident claim. Ultimately, an attorney can provide you with a better of chance of recovering the resources you or your family member could need after being injured in an accident.

Our attorneys can provide you with a free consultation that could help you determine your legal options. To speak with one of our Solano County car accident attorneys, please call (707) 425-0671 or describe what happened on our case review form.

Can I File a Lawsuit if my Child was Injured on Halloween?

Was your child injured on Halloween?There are multiple ways that children are injured each year while participating in trick-or-treating or other Halloween festivities. Depending on the type of accident that occurred, children can be severely injured or even killed. In some cases, children are hurt on Halloween because other parties were negligent. However, this also means that parents may be able to file a lawsuit against the negligent parties. Parents may be able to file a lawsuit in cases that involve:

  • Pedestrian accidents: Statistics collected by Safe Kids Worldwide show that pedestrian accidents involving children increase twofold on Halloween. There are more drivers and kids on the road during this holiday. Drivers may be liable for hitting trick-or-treaters in some cases. For example, you may be able to file a lawsuit if a driver forgot to turn the headlights on. The same could be said if the driver was distracted or impaired by alcohol or drugs.
  • Defective costumes: Children can be harmed by costumes or accessories that contain defects. For example, a costume made with flammable materials could put children at risk of being burned. Other costumes may be designed in a way that can limit visibility or increase the risk of a slip-and-fall accident. In such cases, the manufacturer or retail outlet that sold the costume may be responsible.
  • Being hurt on someone’s property: There are multiple ways a trick-or-treater could be harmed while visiting other properties. Some property owners may fail to keep their dogs locked up, which could cause a trick-or-treater to be mauled. In other cases, property owners may use dangerous props or decorations. For example, some decorations create fire or electrical hazards. Other properties may have poor lighting or other trip and fall hazards. These are only a few of many possible examples.
  • Haunted house injuries: Businesses may operate “haunted houses” each year on Halloween. Depending on the circumstances, commercial haunted houses may be liable for injuries. Last year, Erebus Haunted Attraction in Pontiac settled for $125,000 with a woman who was injured after she was knocked down by a moving wall in a poorly lit hallway.

Multiple parties could be liable for a Halloween injury. If a Halloween decoration on someone’s property injures a trick-or-treater, the property owner and manufacturer of the decoration might be held accountable.

Do I Need an Attorney After a Halloween Injury?

You should speak with a personal injury attorney if you believe negligence may have caused your child’s Halloween injury. The Solano County personal injury lawyers at Barnett & Bennett Law Firm could investigate your claim and help you determine which party or parties are responsible. Damages from a lawsuit could help pay for the costs associated with catastrophic injuries or wrongful death.

What Are Common Delayed Injury Symptoms After a Car Accident?

What are delayed injury symptoms?Car accidents are notorious for causing immediate and noticeable injuries. Broken bones, burns, lacerations and spinal cord injuries are all possible outcomes after a crash. However, car accidents can also have delayed symptoms that may take hours or days to materialize. Common delayed injuries after a car accident include:

  • Internal bleeding: The blunt force trauma from a car accident could cause internal bleeding, which is potentially fatal if left untreated. You may experience severe bruising, confusion, dizziness and fainting.
  • Whiplash: You may suffer from neck, back or shoulder pain after an accident. These are possible signs of whiplash.
  • Post-Concussion Syndrome: If you suffered a concussion during your accident, then you could experience delayed symptoms caused by post-concussion syndrome. According to the Mayo Clinic, symptoms of post-concussion syndrome include insomnia, anxiety, fatigue, dizziness, problems concentrating, impaired memory function and headaches.
  • Post-traumatic Stress Disorder (PTSD): Car accidents are traumatic events. As a result, you may be at risk for developing Post-Traumatic Stress Disorder (PTSD. This is a debilitating mental health condition that can affect every aspect of your life. According to the Centers for Disease Control, symptoms of PTSD include panic attacks, nightmares, flashbacks and depression.
  • Blood clots: When your body is subjected to blunt force trauma, it can increase the risk of a blood clot forming. Large amounts of blood could flow to the area where the injury occurred. If a clot forms in a blood vessel, it can travel to other parts of the body and cut off circulation. This could trigger a heart attack or stroke.

Always seek medical attention after a crash, even if you believe you were not seriously injured. Not only could medical attention save your life, it may also immediately establish documentation that shows the extent of your injuries.

Should I Talk About My Injuries with an Insurance Adjuster?

It is likely that you will be contacted by an adjuster working for the other driver’s insurance company soon after your accident. The adjuster may ask about any injuries you suffered during the crash. Telling the adjuster that you believe you are not seriously injured could affect the outcome of your claim and any future compensation.

If you did not seek medical attention after the accident, then it is possible that you suffered serious injuries that will require more medical care than you had originally anticipated. When the insurance adjuster calls, it is best to leave them with identifying information and politely hang up the phone. If you believe the negligence of one or more parties contributed to your accident, then you should call an attorney. An attorney can help you review options for recovering damages from these parties.

Barnett & Bennett Law Firm provides experienced and passionate legal representation for individuals who were injured by the negligent actions of others. Our East Bay Area car accident attorneys make each case a team effort to provide the best possible outcome for our clients.

Auto Accident Liability: Lane Changing

Accidents are horrible enough, however, not knowing the rules around an accident is even worse. Lane changing is among the most common causes of auto accidents on the road. Especially on highways and multilane roads, high-speed limits and more cars are prone to getting in accidents. With the rising responsibilities and risks of drivers on the road, it can be even trickier finding out which party is at-fault.

Liabilities in Changing Lanes

Liabilities for any accident are sorted into two main categories: violation of motor vehicle statutes and driver negligence. However, filing a claim based on lane-changing negligence is broken down into four additional parts:

  • Duty: Was the other driver operating his vehicle responsibly?
  • Breach: Did the other driver change lanes without warning?
  • Causation: Were you hurt due to the other driver’s negligence?
  • Damages: Can you prove your injuries using medical records or primary evidence?

If the other driver was driving illegally, you can use this to determine auto accident liability. Most states, including California, have laws in place they are meant to prevent lane changing accidents. The majority of these laws state that drivers should only change lanes when it is safe to do so. Additionally, they must use the correct signals continuously for a minimum of 100 feet before changing lanes. It does not matter if the other driver was convicted of a crime during the accident. You may still be able to use the proof of the law-breaking to build a civil case.

How to Prove Auto Accident Liability in Your Accident

Even though you may believe you know who was liable for the accident, it can be hard to prove auto accident liability it in a court setting. You will need to obtain proof that the other driver was negligent in the form of eyewitness statements, police reports, and photos of the scene of the accident. You might also need to prove that you did not play any contributing role in the lane changing accident by speeding or something of the like.

Contact the experienced lawyers at Barnett & Bennett if you are considering filing a lawsuit after a lane-changing accident.

Is There An Increase In Accidents In Fairfield In The Summer Time?

It is dangerous to drive a motorcycle anytime. However, accidents are more likely to happen during the summer time. There are a number of reasons that motorcycle accidents in Fairfield are more common in the summer time.

More Traffic Congestion

There are more vehicles on the road during the summer months. That is one of the reasons that motorcycle accidents are more common in the summer. Roads are often congested due to road trips and vacations.

More Teenage Drivers on the Road

More teenagers hit the road during the summer months. There are several reasons that motorcycle accidents in Fairfield are more likely to occur if there are more teenage drivers on the road. Teenagers are more likely to cause a wreck because of their lack of driving experience. They are also more likely to attempt to do risky things while they are behind the wheel.

Increased Risk Of Tire Blow Outs

A tire blowout can easily lead to an accident. Tire blowouts are more likely to occur during the summer because of the increased temperatures. The hot air causes the tire to expand.

Construction

Construction workers are typically their busiest during the summer time. This is one of the reasons that motorcycle accidents are more likely to occur. Motorcycle riders have to be especially cautious when they are driving in a construction zone.

Excess Heat

It is important for motorcycle riders to drink plenty of water during the summer time. The hot weather can increase the risk of dehydration. Many motorcycle accidents occurred because the drivers were dehydrated. Drivers are more likely to get disoriented when they are dehydrated.

Call an Attorney

People who have been involved in motorcycle accidents in Fairfield should contact an attorney. You may be able to get compensated if the accident was the fault of someone else. Contact Barnett & Bennett for a free consultation.

Most Common Summertime Injuries

Summer is the season so many people in California live for, and it’s here. Summer means fun in the sun, late nights, long days, and a lot of lazy time spent on the water. It also increases your chances of being injured. Summer is known for a few very common injuries that occur due to the weather, the outdoor living, and the sheer number of activities in which people participate this time of year. It’s time to get to know where the risks for summertime injuries are located before you go out and find yourself in a situation that ends in disaster.

The Most Common Summertime Injuries:

– Pool injuries
– Burns
– Bee stings
– Falls on the playground
– Biking/boarding accidents

Pool injuries occur when kids and even adults decide to run on the pool deck and slip, when they hit their heads doing flips in the pool, or when they dive into a shallow pool and hit their head or other body parts on the bottom. Pool injuries are often deadly, and always dangerous.

Burns occur when people are outdoors too long, when they touch hot surfaces, and when they don’t use the grill the right way during a cookout. It’s also common to light a fire in the fire pit at night to roast marshmallows and keep the fun going. This is an invitation for many people to burn themselves.

Bee stings are common this time of year when bees are out in full force pollinating, and the playground is always a danger for kids who might not have the foresight to make wise decisions in the excitement of the moment. Biking and skateboarding, as well as surfing, are all common in the summer, and each one comes with a lot of risks.

If you want to enjoy the summer to the fullest, it’s good to know where summertime injuries occur. If you or someone you love is injured in any way this summer, call the personal injury attorneys at Barnett and Bennett. We can help you navigate insurance claims, learn how to deal with financial issues, and we can help advise you about any case you might have after a fall.

Why do Lawyers offer Free Consultations

When people think of lawyers, they often think of old men in high-priced suits and expensive cufflinks who will charge hundreds of dollars just for a few minutes of their time. Don’t let that scare you away from talking to a lawyer after you have been injured.

Like many personal injury attorneys, we offer a free consultation to discuss your injuries, your rights, and your best options to get justice.  It is important that we have good relationships with our clients, and the free consultation helps us figure out if we can help you on your case.

Here are the questions we hope to answer in each free consultation.

  1. Do you have a case?

You will have a case only when you can show that somebody did something wrong and caused you harm. The law also must support your case. When we sit down to talk with you, we will ask you questions about what happened to determine if we can legally hold someone responsible for your injury.  Those questions will help us decide if you have a valid case.

  1. Does it make sense to hire a lawyer?

Even though you may have a valid case under the law, it doesn’t always make sense to hire an lawyer. Sometimes, a lawyer will not be able to get you much more money than you can on your own. If that is the case, we will tell you. On other cases, the amount of money you need to spend to get justice is far more than the money you can actually get back at the end of a case.

  1. If you don’t need a lawyer, what are your next steps?

We can only give limited advice if we don’t take your case. We will still share some of the resources that can help you if you don’t have a lawyer. Even if we decide not to take your case, we want you to leave with some information that will help you get justice.

  1. If you do need a lawyer, what can we do to help?

When we decide that our firm can help you, we want to make sure you know what to expect. We will go over the process of starting a personal injury case, talk about what you can do to get good medical treatment, and discuss how to make the most of your case.

If you have been injured because somebody did something wrong, give us a call to set up a free consultation.

Is there a rise in personal injuries in the Spring?

According to many national recording data sources, personal injuries do tend to rise in the spring months. This can be attributed to two main causes. They both have to do with the need that people feel to increase activities as a reaction to being slowed during the winter months. Spring is a powerful and welcoming season for people to get outside, revisit favorite activities, and explore new ones. (more…)

Cell Phone Related Car Accidents

The cause of an accident will determine who is held liable. If the driver that caused the accident was talking on a cell phone or texting, they will likely have difficulty defending their case.They may also face additional penalties. California has laws related to distracted driving which impose limitations on the use of cell phones by drivers.

Even if you are using an earpiece, Bluetooth device, or speakerphone system, if you are talking on a cell phone or texting and driving, a law enforcement officer or another party may claim that you were driving while distracted. The NHTSA reports that one in ten car accident fatalities involve a distracted driver. (more…)

Barnett and Bennett – Personal Injury Attorneys

 

Fairfield Auto Accident Lawyer Pic4

At the Barnett and Bennett Law Firm, we are dedicated to helping personal injury victims receive compensation for the harms that were caused by someone else’s dangerous acts. Barnett & Bennett Law Firm, is the premier personal injury lawyers, serving Fairfield and surrounding areas. Get help with your personal injury claim by calling 707-425-0671 for a risk free consultation with our personal injury attorneys.


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Barnett & Bennett Law Firm

712 Empire Street,
Fairfield, CA 94533

P: 707.425.0671