Frequently Asked Questions (FAQs)
Personal Injury
- I was injured severely in an accident. What should I do?
- I am interested in filing a personal injury claim. How long do I have to file a claim?
- Why should I hire an attorney?
Criminal Defense
Personal Injury
Q: I was injured severely in an accident. What should I do?
A: If you are injured in an automobile, trucking, bus, motorcycle, bicycle, or pedestrian accident, there are several important steps you should take to preserve your rights:
- Obtain names, addresses, and contact information for the drivers and vehicle owners involved in the accident.
- Obtain the insurance policy information from the vehicle owners.
- Obtain contact information, including names and addresses of any witnesses who observed the accident.
- Take photos of the accident scene, noting the orientation of the vehicles, any vehicle damage, road conditions, and lighting conditions if appropriate.
- Seek medical attention for yourself and others who are injured at the accident scene.
This type of information can assist you in seeking reimbursement from the at-fault party's insurance company or in proving your claim if you plan on filing a personal injury lawsuit against the responsible party.
Q: I am interested in filing a personal injury claim. How long do I have to file a claim?
A: With regard to automobile accidents, California follows a tort system, which means that the person who is responsible for causing the accident must pay for the injured person's expenses, including medical expenses. Although some personal injury victims seek reimbursement from the at-fault party's insurance company, sometimes insurers refuse to pay the damages, or the policy limits do not cover the injured party's expenses fully. In these circumstances, a victim might consider filing a personal injury lawsuit within the specified statutory time frame, which in California is generally two years from the time of the accident or the discovery of the injury.
Q: Why should I hire an attorney?
A: Individuals often wonder why they should hire an attorney if their insurance company or the other party's insurance carrier will cover their expenses. However, there are several benefits to hiring an attorney. Insurance companies generally have the goal of minimizing the amount they have to pay to claimants who are injured after an accident. Additionally, insurance companies have their own in-house attorneys who represent the insurers' interests and are able to address any issues regarding claims and coverage. For this reason, it is important to have an attorney who is focused on representing your interests and can negotiate with the insurance company on your behalf to maximize the amount of your recovery.
Criminal Defense
A: Before you consider pleading guilty for a misdemeanor or felony violation, you should keep in mind that there are several damaging consequences if you plead guilty without consulting an attorney first. Once you are convicted of a criminal charge, the conviction will go on your criminal record and can make it difficult to obtain employment later. Other devastating consequences include deportation if the guilty person is not a U.S. citizen, or being denied naturalization.
An experienced criminal defense lawyer can negotiate with the prosecution to obtain a plea agreement with terms and conditions that are more favorable to the defendant. A lawyer can also advise you of the available options and the advantages and disadvantages of each option in your case.
For experienced personal injury and criminal defense attorneys, contact the Law Office of Rick Berman & Eric Schweitzer for a consultation today.
