4 Important Factors of a Successful Deposition

Personal injury lawyers in Orange County informed you that opposing counsel has set your deposition. You know that cases are often won and lost at deposition. You want to give the best deposition possible. You can if you are prepared and attend your deposition knowing exactly what will happen and how it will happen.

Below are four factors that are important for a successful deposition:

The defense counsel is not your friend. The best tactic that an opposing counsel will use during a deposition is to be as nice as possible to you. The reasoning behind this approach is to get you to feel comfortable and to get you to provide information that you would not have otherwise provided. Although you should be nice and cordial, you should remember that the deposing counsel is not your friend and you are not having a conversation with him or her.


Never guess. The worst thing you can do at your deposition is to guess. If you are asked a question that you don’t know the answer to, it is best to simply say “I don’t know.” If you are specifically asked to guess or estimate something, your answer should include that you are “not 100% sure” and that you are “estimating” about the fact asked.

Be prepared. Your attorney will meet with you prior to your deposition to prepare you for the big day. Some documents your attorney may go over with you include the Complaint, your interrogatory answers, and the accident report, if there was one.

Do not lie. The worst mistake you can make is to lie. Regardless of how foolproof or elaborate, you may think your life is, the odds of you actually getting caught in it are higher than you think. Lying during a deposition, while under oath, can be detrimental to the outcome of your lawsuit.
                         
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Complex Regional Pain Syndrome: The Hidden Injury

Complex regional pain syndrome (CRPS), also known as reflex sympathetic dystrophy (RSD), is an incurable medical condition that causes severe pain in a specific part of the body where an injury is present. CRPS often develops after a traumatic injury from a serious accident.

If your CRPS was caused by the negligent or reckless actions of another party, you should contact a personal injury attorney as you may be entitled to monetary causation.

Common Causes of Complex Regional Pain Syndrome

Complex regional pain syndrome can be caused by a number of different accidents, including:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accident
• Slip and fall accidents
• Workplace accidents
• Construction site accidents

Regardless of what type of accident caused you to suffer this incurable neurological disorder, you will no doubt suffer chronic pain that will require extensive and expensive medical treatment.  To ensure that you have the financial means to get the full extent of the compensation that you need, you should consult an experienced personal injury attorney.

The Symptoms of Complex Regional Pain Syndrome

The symptoms of complex regional pain syndrome can vary in severity. Some common symptoms may include:

•     Severe burning pain
•     Pain to light touching
•     Swelling
•     Stiffness and limited mobility
•     Discoloration of the skin and texture

Over time, the pain and symptoms of complex regional pain syndrome can spread to other extremities.

Treatment of Complex Regional Pain Syndrome

There are multiple approaches to treating CRPS. Some common approaches include prescribing pain medication, rehabilitation, electrical nerve stimulation, and desensitization. Other common methods of managing CRPS include nerve block and injections of local anesthetics to the affected parts of the body.

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Hire an Insurance Bad Faith Attorney

An expectation of getting a timely and just compensation from your own insurance company is not always reality. Unfortunately, it has become too common for insurance companies to limit or deny coverage of a valid claim without property justification.

When your insurance company wrongfully denies your claim or fails to pay you the true value of your claim, it is acting in bad faith and you may be entitled to damages. The question is how do know when you have a claim and how do you get the full extent of the compensation that you are entitled to?

Hire The Right Legal Help!

Insurance bad faith claims are generally complex cases. There is no uniform definition for insurance bad faith claim. Moreover, since state law, not federal law, regulates insurance practices, each state has its own set of unique laws. As such, it is imperative that you hire an experienced attorney who specializes in insurance bad faith and knows the laws in your state to help you the handle your claim.

How to Find the Right Lawyer

Finding the right lawyer to handle your bad faith insurance claim is no easy task. You need to be an astute customer, get referrals from friends and family members, and do your research.

Once you have some potential candidates, you need to diligently interview each attorney to make sure they are the right fit for you. You should take several factors into consideration during your selection process:

• Reputation in the community
• Track record in handling cases similar to yours
• Level of experience
• Legal education 

One of the most important factors you need to consider when hiring a bad faith attorney is how comfortable you are with the individual. Insurance bad faith claims can take several months or even years to resolve. As such, you may be spending a good deal of time with your attorney, so make sure you are comfortable with him.

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Filing a Lawsuit After the Statute of Limitations has Run

Personal Injury Lawsuit

Under California law, you only have a specific amount of time after you suffered some type of harm to file a lawsuit. This is known as the statute of limitations. While different types of cases have different deadlines, most personal injury cases have a two to six year deadline after the date of injury.

Generally, once this time frame has expired or the statute of limitations has run, you will not be able to file a personal injury lawsuit, unless an exception applies.

Exceptions to the Rule

There are a few exceptions to filing a lawsuit after the statute has run. Some of these exceptions are discussed below:

Injured Minors

If the plaintiff was a minor at the time of injury, most states, including California, allow the individual to reach the age of 18 before the clock starts running. For example, if you were injured in a car accident at the age of 12, you have until your 20^th birthday to file a lawsuit.

Discovery Rule

The “discovery rule” also extends the statute of limitations, inasmuch as the clock does not start running until the injured person has reasonably figured out that they were injured. For example, an individual who is exposed to asbestos may not suffer an asbestos-caused illness, such as mesothelioma, until decades after exposure to the materials that contained asbestos. This type of “extension” generally applies to cases involving exposure to dangerous or toxic chemicals.

Mental Disability or Incompetence

If the plaintiff was deemed mentally incompetent at the time of the incident or because of the wrongful conduct that caused the injuries, the statute of limitations is suspended for as long as the mental incompetence continues. It should be noted that this statute of limitations exception generally does not apply to government claims.

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California Statutes of Limitations For Bringing Personal Injury Claims

Personal Injury

When you are injured as a result of the negligent actions of another party, you must file your claim within a certain amount of time as mandated by law. This deadline for filing a lawsuit is known as the statute of limitations.

Once the statute of limitations “runs out,” you may no longer be able to bring a claim. As such, in order to avoid the running of the statute on your claim, you should immediately consult an experienced personal injury lawyer to timely handle your claim.

Different Statutes of Limitations For Each Type of Claim

Different types of legal disputes may have different statutes of limitations under California law. Below is a list of statutes of limitations for some common types of legal disputes:

• Personal injury lawsuit: 2 years from the date of injury; if the injury is not immediately discovered, the statute runs 1 year from the date the injury is discovered.

• Medical malpractice claim: 3 years from the date of injury or one year from the date of discovery of the injury.

• Breach of a written contract: 4 years from the date the contract was breached or broken.

• Property damage: 3 years from the date of the property damage.

• Claims against government agencies: A claim must be filed with the appropriate agency within 6 months after the incident (some exceptions apply, review California Government Code section 905 and 911.2).

Tolling of the Statute of Limitations

In some cases, the statute of limitations may be tolled or suspended for a certain period of time, until it begins to run again. Tolling of statutes often applies to situations where the injured victim is a minor, is out of state or is insane.

Cases that deal with the tolling of the statute of limitations are complicated. The injured victim should consult with an experienced personal injury attorney to ensure their case is properly handled.

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For more information or to schedule a complimentary consultation with an experienced personal injury attorney, please call the LawOffices of Samer Habbas at 1-888-848-5048.

How to Determine If You Should File a Lawsuit

Just because you were injured does not mean that you automatically have a legal cause of action and should file a lawsuit. You should ask yourself the reason why you want to file a lawsuit: Money? Respect? Revenge? Principal? Perhaps the most important question to ask is whether it is worth your time, effort and expense to file suit, which may take years to resolve.

 If you were injured by the negligent or careless actions of another party, it is in your best interest to first consult with an experienced personal injury attorney to determine whether you should pursue legal actions.

Research Before Filing a Lawsuit

Even when you consult an attorney, extensive research should be conducted to determine whether you should file suit. Failing to do your research can add anxiety, frustration and even doom your lawsuit.

Below are some important steps you and your personal injury attorney should take before rushing to the courthouse to file your lawsuit:

-          Researching the merits of your claim, including determining whether all of the elements of your potential causes of action are met.

-          Researching cases that are similar to your fact pattern to determine the possibility of compensation that may be awarded in your claim.

-          Collecting important pieces of evidence that may prove or disprove your case.

-          Determining whether you have the necessary funds to go forward with your claim.

-          Contacting potential witnesses to determine whether they are willing to testify.

-          Researching the potential parties to determine whether they are solvent and you are able to collect a judgment against them.

-          Researching the applicable statutes of limitations to make sure you can timely bring a lawsuit against the negligent parties.

-          Determining whether you can avoid litigation by attempting to take advantage of all reasonable opportunities to settle your claim.

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Children’s Rights When Injured In a Car Accident

Getting into an automobile accident can be a devastating experience, especially if it involved young children. Serious injuries of a child in a car accident may be the most horrific experience that a family can endure. Unfortunately, many individuals are not aware that car accidents are the leading cause of injury and death in children, especially teenagers.

Compensation for Children After a Car Accident

When your child is injured in a car accident, the last thing you may be thinking about is obtaining compensation. It is understandable that the only thing you want to focus on is helping your child recover. However, having the financial compensation may be the exact tool you need to get the treatment your injured child deserves.

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f the accident that your child was injured in was caused by the negligent or reckless actions of another party, your child may be entitled to monetary compensation. It is in your child’s best interest for you to consult with a personal injury attorney who has experience in dealing with child car accident cases. With a good attorney on your side dealing with the legal aspects of your claim, you can concentrate on getting your child the medical treatment he or she needs.

Type of Compensation Your Child May Be Entitled To

Compensation for child injury victims may vary depending on the specific facts of the case. Your child may receive compensation for:

-          Medical bills

-          Physical therapy bills

-          Costs for prolonged medical care

-          Funeral costs

-          Pain and emotional suffering

-          Disfigurement

-          Diminished quality of life

Your attorney will look at the details of the accident to determine what damages to seek compensation for.

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For more information or to schedule a complimentary consultation with an experienced personal injury attorney, please call the Law Offices of Samer Habbas at 1-888-848-5048.

Car Accident Injuries: Symptoms of Whiplash Injury

Whiplash is a common car accident injury. As common as this type of injury may be, the symptoms may not be easily recognized by its victims. If you or a loved one has been involved in an automobile accident and are wondering if you have suffered whiplash injuries, you should look for certain signs and symptoms that may be indicative of such injuries.

What Is Whiplash?

Before you can determine whether you have a whiplash injury, you need to understand what the injury entails. In a rear-end car accident, the force of the rapid impact may propel your body forward, with your neck and head following behind. The actual whip occurs when your neck and head catch up with your body and the inertia of the impact forces the neck and head to keep moving past the body.

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Signs of Whiplash Injury

In most cases, symptoms of whiplash injuries may be deceiving. In fact, most signs of whiplash injuries may not surface until days or weeks after the accident. As such, if you suffer any of the following symptoms, should immediately consult a physician to determine if you are suffering a whiplash injury:

-          Neck or shoulder pain and stiffness

-          Soreness or pain in your jaws

-          Weakness or a tingling feeling in your arms

-          Blurred vision

-          Pain or discomfort in your back

-          Ringing in your ears

-          Dizziness or vomiting

Seeking immediate medical attention and subsequent medical, therapeutic or chiropractic treatment is imperative in the road to recovery for whiplash injuries. In addition, without proper and continuous treatment, you may jeopardize both your healing process and the legitimacy of your personal injury claim.

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If you or a loved one was injured in a car accident and are looking for an experienced car accident attorney, please call theLaw Offices of Samer Habbas at 1-888-848-5048.

The Tax Consequences of a Settling a Personal Injury Claim

A common question that personal injury claimants think about upon the completion of their claim is whether their injury settlement counts as income for IRS tax purposes. The quick answer is that while most do not, there are exceptions.

To get the most precise answer that is specifically geared to your particular situation, you should consult your personal injury attorney as well as an accountant.

Categorization of Your Claim Makes a Difference

Your personal injury settlement may be taxable for IRS purposes depending on the type of case it involves and the type of compensation you have received for the injuries you have suffered. Generally speaking, compensation that is directly related to a physical injury or sickness is non-taxable or tax-free.

For instance, if you are injured in a car accident, incur $50,000 in medical expenses, and settle for $50,000 with the insurance company, you do not need to report the proceeds on your tax return. If any of these proceeds are for emotional distress or mental anguish that is directly related to your physical injuries, it is also non-taxable. In short, as long as your settlement is categorized as compensation related to an injury or sickness, the proceeds will be tax-free.

Exceptions to the Rule – Taxable Settlement Amounts

There are exceptions to the tax-free personal injury settlement rule. If your settlement proceeds are categorized as any of the following, you may be subject to paying taxes:

-          Punitive damage – Since punitive damages are designed as a punishment to the wrongdoer, the IRS wants a portion of it.

-          Accrued interest – Any amount you receive in your settlement that is attributed to interest is generally taxable.

-          Loss of income – Any portion of your settlement that is designated towards loss of income or for lost wages is taxable.

-          Emotional distress – If you are compensated for emotional distress or mental anguish that is not related to a physical injury or sickness, it will be taxable.

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Can I Get Compensation If I Was Injured In a Hit and Run Accident?

A “hit and run accident” occurs when the negligent party flees the scene, leaving the victims to deal with the costs of their injuries and property damage.  If you are a victim of a hit and run traffic accident, you may still be able to recover damages even though the liable party fled the scene.

This article discusses the recovery options of a hit and run accident victim.

Collecting Damages From Your Own Insurance Policy

Unless you or your car accident attorney is able to identify the negligent party who fled the scene of the accident, there is no way to hold that individual accountable. Your only option may be to collect damages from your own car insurance policy.

You can invoke your uninsured motorist coverage under your own policy, which is designed to compensate you for damages you may have sustained in an accident where the at-fault party is uninsured or fled the scene of the accident. This policy may also afford coverage to other family members who reside in your household, including minor children who may be away at college.

Finding the Liable Party

In some cases, your attorney may be able to locate the negligent party who fled the scene through creative methods of investigation. Some methods that your attorney or its investigator may use to find the running driver includes obtaining information through witness identification of the license plate or video evidence from the scene of accident. In rare cases, the fleeing party may even turn themselves in to law enforcement.

Hire an Experienced Attorney to Help

Hit and run accidents are generally complex. Although your own insurance policy may provide you with compensation, their goal is still to pay you as little as they can to maximize the company’s profits.

To ensure that you get the full extent of damages you are entitled to, it is in your best interest to consult with an experienced car accident attorney who specifically handles hit and run accidents.

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The Subtle Signs of a Concussion After an Accident

A concussion may occur as a result of a sudden force to the head. More than 300,000 individuals suffer a concussion each year. This number, however, may be grossly underestimated since many concussion cases go undiagnosed.

If you or a loved one has been involved in an accident that involved a blow to your head, you may be suffering from a concussion without even knowing it. To make sure you get the necessary treatment, you should get medical care and look for the subtle signs or symptoms of a concussion.

The Subtle Signs of a Concussion

The signs and symptoms of a concussion can be very subtle. As such, most concussion cases go undetected and undiagnosed. This is very dangerous for the victim because without proper medical care, a concussion can be very serious and even deadly.

If you have sustained a blow to the head, it is important that you seek immediate medical care, especially if you have noticed any of the following symptoms:

-          Difficulty understanding simple directions

-          Difficulty remembering or lack of memory

-          Feeling irritated for no apparent reason

-          Sensitivity to sound

-          Sensitivity to light

-          Sleeping for unusually long periods of time

-          Not feeling “yourself”

-          Feeling nauseous or vomiting

-          Having ringing in your ears

Common Cause for a Concussion

Some of the common types of accidents, which may result in a concussion, include:

-          Car accidents

-          Motorcycle accidents

-          Bicycle accidents

-          Slip/trip and falls

-          Accidents involving falling objects

-          Any accident involving a direct blow to the head

Call an Experienced Personal Injury Lawyer

Samer Habbas is an experienced Orange County personal injury lawyer. For more information or to schedule a free consultation, please call the Law Offices of Samer Habbas at (888) 848-5084.

A Successful Deposition Depends On the Right Preparation

One of the major discovery tools used in anticipation of trial is a deposition. A deposition is testimony of a witness taken orally under oath and recorded by a court reporter or a tape recorder. For most individuals, a deposition is an intimidating process because they are being recorded and are under pressure to answer detailed and intimate questions under oath. To make a deposition a less frightening experience, it is important that you are adequately prepared to answer any questions regarding any topic relating to your accident.

With the help of your Orange County personal injury attorney, you can be prepared to confidently answer any questions the deposing lawyer may ask. The bottom line is that the more prepared you are, the less intimidated you will be at your deposition.

Important Tips for a Successful Deposition

Below are five important tips that your attorney will want you to keep in mind in preparing for your deposition:

 You need to know the detailed facts of your case. In order to properly answer the questions asked at your deposition, you need to be intimately familiar with the specific facts of your case. Your Orange County personal injury attorney will go over the facts surrounding your accident, your medical treatment, and all other aspects of your case before your deposition.

2.      Never offer or volunteer additional information. Your attorney will advise you to only answer the questions asked. You should not offer additional information or a more detailed answer than necessary.

3.      Listen to the question before answering it. If you do not understand what is being asked of you, you cannot properly answer the question. Therefore, your lawyer will advise you to listen to what the deposing attorney is asking before attempting to answer the question.

4.      Ask for further clarification if necessary. If after listening to the question you still do not understand what is being asked of you, you should ask for further clarification from either the deposing attorney or your own Orange County personal injury attorney.

5.      Be polite to the deposing attorney. The deposing attorney will do their very their question in the manner they want. Regardless of what tactic the opposing attorney is using, you should remain polite and courteous to prevent additional problems and further invoking the attorney.

best to confuse you into answering

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For more information about preparing for a deposition or to schedule a complimentary consultation with one of our experienced Orange Countypersonal injury attorneys, please call the Law Offices of Samer Habbas at (888) 848-5084. We are dedicated to helping you get the full compensation that you deserve for the injuries you have suffered.

How To Detect the Subtle Signs of a Mild Traumatic Brain Injury

Traumatic brain injury can be a possible side effect of any injury to the head. However, detecting the signs and symptoms of a mild traumatic brain injury is not easy. If you or someone you love was injured in an accident that involved some type of blow to the head, your Los Angeles brain injury attorney will want you to keep an eye out for certain symptoms that could indicate a mild traumatic brain injury.

The Symptoms of a “Mild” Traumatic Brain Injury

The term “mild” is a misnomer when it refers to brain injuries. Any injury to the brain can be serious, regardless of whether it is termed “mild” or not. If you are suffering from any of the following symptoms after an accident, you should immediately seek medical attention:

-          Severe or unusual headaches

-          Dizziness or state of confusion

-          Short-term loss of memory

-          Inability to multi-task

-          Unusual emotional reactions to routine practices or daily tasks

Typically, your Los Angele brain injury lawyer may be the first person to detect these subtle signs during the initial client interview. If your attorney suspects any signs of brain injury, he can refer you to specialists to get the medical treatment you need and deserve.

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If you or a loved one was injured in an accident that involved any trauma to your head, the experienced Los Angeles brain injury lawyers at the Law Offices Samer Habbas can get you the just compensation that you deserve. For more information or to schedule a complimentary consultation, call us at (888)-848-5084.