Abrishamcar Law Group, APC

10/10/2022

08/07/2018

The human monoclonal antibody erenumab has become the first anti-calcitonin-gene-related peptide (CGRP) treatment to receive FDA approval for the prevention of migraine.

06/01/2018

Topic of the Week: How well do you know your Automobile policy ?

I get so many calls from clients that don’t understand how insurance coverage for their vehicle applies to their current situation.

California has distinct requirements for what drivers need to carry. You must have at least minimum liability coverage. Unfortunately data by the Insurance Research Council shows that 15% of motorists in California drive without insurance.

Most people opt to get the minimum bodily injury liability, also known as 15/30/5 ($15,000 for injury or death for 1 person, $30,000 for more than one person and $5000 for property damage) because it makes the premium cheaper. However when you set such a low policy limit, it doesn’t account for a more serious issue that could potentially happen. This should be something that you seriously think about before making the decision to pay a lower monthly premium.

Another important area most people don’t understand is the Uninsured/Underinsured coverage. In California, all auto insurance policies are required to include UIM coverage unless the policy holder waives the coverage in writing.

In the event that you were involved an a car accident with someone that either doesn’t have insurance, or their policy is minimum and your damages (medical, wage loss, property damage and pain and suffering) exceed the policy limit, your own insurance policy would kick in under either Uninsured Motorist Coverage or Underinsured Motorist Coverage to either pay your damages or pay the difference.

Here is an example to better understand the importance of this option :

You get in a car accident, and you aren’t at fault. The person that hit you does not have insurance or is Underinsured. Your total damages are $50,000. How much can you get from your own insurance to cover your costs depends on how much liability insurance you’ve bought. Most insurance companies will offer the same amount for your Uninsured/Underinsured policy.

So if your damages are $50,000, and the other driver has a 15/30 policy, then the maximum you can get from them is $15,000. The remaining $35,000 can be attained in the following ways :

1) Sue the other party. The recovery will depend on their personal assets.

2) If your policy is also 15/30, then you’d only be able to obtain an additional $15,000 from your policy, and the remaining $20,000 will come out of your pocket. If your policy is higher, then you’d be able to recoup the remaining $35,000 from your insurance company.

3) If the other party has no insurance, then you’d be able to obtain the amount of your damages from your insurance. Again, this would depend on what your policy limits are.

The moral of the story is this: it’s better to be safe than sorry. Understand your policy and make sure you are not opting out of things you “think” you may not need. As you see in the above examples, Automobile insurance isn’t just about the other party. It can also protect you if you’re in an accident with an Uninsured/Underinsured at fault party, so please choose wisely.

Always remember that the Statute of Limitations for a personal injury claim in the state of California is 2 years from the date of Injury. If you have been involved in a car accident, call Abrishamcar Law for a free case evaluation and consultation.

04/27/2018

Judge Bates, who was nominated by President George W. Bush in 2001, described the Trump administration’s decision to phase out DACA as “arbitrary and capricious because the department failed adequately to explain its conclusion that the program was unlawful.”

The judge rejected the government’s assertion that the Deferred Action for Childhood Arrivals program was unlawful.

02/26/2018

New York’s Top Court has ruled user's "private" Facebook messages and photos are subject to disclosure where that information is "reasonably calculated to contain evidence material and necessary to the litigation.

This case involved a personal injury claim following an equestrian accident where the injured sued the owner of the horse. The defense argued that her private post accident social media pictures/postings could contain information relevant to her personal injury claim.

As a general rule of thumb, and especially if you are involved in litigation, remember that what you post on social media can come back to work against you.

On February 13, 2018, the New York Court of Appeals ruled unanimously that a user's "private" Facebook messages and photos are subject to disclosure where that information is "reasonably calculated to contain evidence material and necessary to the litigation." The decision reconfirmed that New York....

02/22/2018

California motorists under the age of 21 would lose their driver’s license for a year if caught driving with ma*****na in their system under new legislation, though the state still is developing methods of measuring the drug in the body and determining a standard for impairment.

California motorists under the age of 21 would lose their driver’s license for a year if caught driving with ma*****na in their system under new legislation, though the state still is developing methods of measuring the drug in the body and determining a standard for impairment. State Sen. Jerry H...

02/06/2018

Topic of the Week: Do Pre-existing Injuries Affect Your Personal Injury Claim?

The short answer is it depends. In Tort law, there is a theory called the "The Eggshell Skull Theory" which basically states,
that the negligent party is liable for all consequences resulting from his or her activities leading to an injury to another person, (even if the victim suffers an unusually high level of damage due to a pre-existing vulnerability or medical condition).

The term implies that if a person had a skull as delicate as that of the shell of an egg, and negligent party who was unaware of the condition injured that person's head, causing the skull unexpectedly to break, the defendant would be held liable for all damages resulting from the wrongful contact, even if the negligent party did not intend to cause such a severe injury.

In general, in a personal injury claim, you are only able to seek compensation for body parts which were injured as a result of the accident. A pre-existing condition would not be compensable unless the accident caused an aggravation of that condition. In order for an insurance company to evaluate your claim as it relates to a pre-existing injury, they will require a review of your full medical records. They will look to see how that pre-existing injury affected your life before the accident.

Lets look at 2 examples:

1)You injured your back in 2008 and you sought treatment from 2008-2010 and you fully recovered from your injury (meaning you no longer sought treatment). In 2018, you are involved in another accident and you injure your back. Would your injury from 2008 be considered a pre-existing injury? The answer is NO. Since you are able to show that you sought treatment and you were fully recovered, the new injury from 2018 would be treated as a new injury.

2)Same scenario as above however instead, you continued to seek sporadic treatment for your back from 2008 to 2018. In 2018, you are involved in accident and you injure your back again. In this case, the insurance company may try to argue that this is a pre-existing condition and that they are not liable for the injury since you had been treating up to the point of the accident and look to pay a minimal amount. In this case, you must be able to show that your injury was exacerbated by the accident. The compensation you receive will depend on the severity of your condition and how it has now effected your life post accident.

In example 2, the Egg Shell Skull theory would apply. Just because you had a previous injury, it does not mean that the insurance company can bar you from compensation for that body part that was injured again as a result of the negligence of another.

If you have been injured, it is very important to contact Abrishamcar Law and speak to us regarding your rights. Do not let the fact that you have a pre-existing injury deter you from pursuing a claim. We will represent you aggressively and passionately to ensure you are compensated fully for your all of your medical bills which resulted from the injury, as well as any future treatment that you may need , any past and future earnings, as well as your pain and suffering.

Always remember that the Statute of Limitations for a Personal Injury Claim in California is 2 years from the date of injury.

01/09/2018

Topic of the Week: Things to Do and Not Do After a Car Accident:

Getting into a motor vehicle collision can be very stressful. Most people panic and forget the basic steps that need to be followed immediately after the collision. We've complied a list 5 simple things to do and not do after a collision to ensure that you have the best possible chance for getting a settlement from the insurance company that you deserve.

Things to do after a car accident:

1) Call the police. The only way that you can accurately document what happened is to file a police report immediately. This will help minimize the question of who the at fault party was. Give an accurate statement to the police about what happened. If they ask whether you are injured and you're not sure at the time, it is better to state you are not sure rather than "no". Often times injuries show up hours after the accident.

2) Take pictures of the scene, your car and the other party's car.

3) Exchange information with the other driver. This includes, name, driver's license number, address, phone as well as their insurance information. Even though this information will be available in the police report, getting the information upfront will ensure there aren't any delays with opening a claim.

4) Get immediate medical attention to document your injuries regardless of whether you think your injuries are severe or not. Most people experience pain a few days after the injury.

5) Contact your insurance company to make the claim. If you have Med Pay (medical coverage under your policy), use it to seek treatment.

6) Contact an attorney to protect your rights. A Personal injury attorney can help you navigate the system by ensuring you are compensated for your medical care (current and future), property damage, lost wages (current and future), as well as your pain and suffering.

What NOT to do after a car accident:

1) Lose your cool. Its very important to keep calm so that you can think clearly and follow the above steps. The important thing is to make sure everyone is safe. Everything else can be taken care of.

2) Do not apologize to the other driver. An apology will be taken as admission of guilt by the other party.

3) Do not speak with or make a recorded statement to the other driver's insurance company until you speak with an attorney.

4) Do not admit fault, or accept liability until you speak with an attorney.

5) Do not sign any documents or paperwork admitting fault and agreeing with someone you will pay for their damages until after you have spoken with your insurance company or an attorney.

If you have been involved in a car accident, call Abrishamcar Law for a free case evaluation and consultation. Always remember that the Statute of Limitations for a personal injury claim in the state of California is 2 years from the date of Injury.

01/05/2018

Happy New Year from Abrishamcar Law to you and your families! May is be a prosperous new year filled with many blessings.

12/28/2017

Topic of the Week: Traumatic Brain Injury (TBI)

A traumatic brain injury is a catastrophic injury that can result in physical, cognitive, social, emotional, and behavioral symptoms and changes. The outcome of a traumatic brain injury can range from complete recovery to permanent disability or death. According to the CDC (Center for Disease Control and Prevention), an estimated 1.7 million people sustain a TBI annually. Of them: 52,000 die, 275,000 are hospitalized, and 1.365 million, nearly 80%, are treated and released from an emergency department.

Some of the causes of a TBI are:

-Falling from Stairs
-Falling from a Ladder
-Falling from a bicycle or motorcycle
-Motor Vehicle Accident
-Impact from a falling object such as a tree branch
-Violence

Some of the common symptoms of TBI are:

-Loss of Consciousness
-Headache
-Dizziness
-Vomiting
-Loss of Motor Coordination
-Visual Disturbance
-Changes in Sleep Pattern
-Confusion
-Trouble Concentrating and Thinking
-Memory Loss

A concussion, or bruising of the the brain, is a common injury associated with motor vehicle accidents or falls. The impact can cause bleeding, tears (cracks) of the brain tissue, and swelling.

It is very important to seek immediate medical attention after a head injury regardless of whether you are feeling any immediate symptoms. Because of the complexity of the human brain, long term problems are difficult to assess. In addition, Many TBI symptoms don't have physical manifestations and often times, victims don't receive the appropriate care needed to address their cognitive and psychological impairments.

Dealing with insurance companies directly will prove to be tedious and difficult. Many large insurance companies push their adjustors to settle claims with you quickly by offering settlements which are in favor of the insurance company. If you have already contacted them and have an offer, DO NOT accept that offer until you speak with an attorney.

You may be able to get compensated for all of your medical bills which resulted from the injury, as well as any future treatment that you may need , any past and future earnings, as well as your pain and suffering.

Always remember that the Statute of Limitations for a Personal Injury Claim in California is 2 years from the date of injury.

12/25/2017

Happy Holidays and Merry Christmas from Abrishamcar Law to you all and your families.

11/10/2017

Topic of the Week: Dog Bites and Your Rights

Dog bite injuries can you leave you not only physically scarred, but also emotionally. Depending on the severity of the attack and the bite, you may need treatments with a plastic surgeon, a physical therapist, as well as a psychologist.

Every State has different rules when it comes to dog owner's liability. They are either Strict Liability States (owners are liable without fault) or Negligence States (owners are liable if they are unreasonably negligent and a person is hurt as a foreseeable result of that negligence).

California in particular adheres to Strict Liability for dog bites.
California Civil Code Section 3342a states that: The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. This means that as an owner, you can not use the defense of "I did not know" that my dog would bite, or "my dog has never shown a propensity for biting" to get out of liability. If your dog bites someone, bottom line is you will be liable.

The only defense a dog owner has to a dog bite claim is if the injured was a trespasser on their property. However, if the owner knew that their dog exhibited dangerous propensities, then they could still be liable to the trespasser. Dangerous propensity is defined as the tendency of the dog to bite a person without provocation. There is one more exception to this rule: even if the dog exhibited dangerous propensities, if the homeowner takes precautionary measures (such as chaining the dog) they may not be liable.

So what should you do if you are bitten by a Dog?

1) Seek medical attention immediately. Especially if the bite broke your skin, you may be at risk of an infection.

2) Get owners information including proof of Rabies Vaccination for their dog. Verify that it is up to date.

3) Animal Control and the Police should be notified.

You may be able to be compensated for your all medical bills which resulted from the dog bite, as well as any future treatment that you may need, replacement of any property that was damaged as a result of the dog bite, lost wages and future earnings potential, as well as your pain and suffering.

Always remember that the Statute of Limitations for a Personal Injury Claim in California is 2 years from the date of injury.