Auto Accidents

A San Diego auto accident lawyer answers frequently asked auto accident and auto collision questions

What actions do Casey Gerry auto accident lawyers take in handling a case?
The first step for a Casey Gerry auto accident attorney in evaluating a new automobile crash case is always to obtain a thorough investigation of the case by our in-house investigation department. Our investigators will even meet with the clients in their homes, throughout Southern California, wherever they may live including San Diego, Riverside, to start the process in a comfortable setting. This allows Casey Gerry’s San Diego auto accident lawyers to be more knowledgeable about the potential case when we meet with an injured victim.

Do Casey Gerry auto accident attorneys work with insurance companies?
We work with the insurance companies for all responsible parties, and also secure all information necessary both from expert witnesses and from medical providers in order to properly pursue your civil claim.

Can a Casey Gerry auto collision attorney help me claim compensation for loss of earning capacity if I am injured as a result of another person’s negligence?
Casey Gerry auto accident lawyers will help you with your right to make a recovery for your loss of earnings or loss of earning capacity. For example, if you earn a regular salary, and because of your injury you miss several weeks or several months of work, you are entitled to be reasonably compensated for the entire loss of earnings from the time of your injury until you are reasonably able to return to full time work. In most cases, we do not want to resolve your case until your recovery is full, permanent and stable, and you have returned to work. You and your auto accident attorney will only be able to evaluate your loss of earning capacity when you have completely recovered or stabilized.

If I don’t have a salaried job, can Casey Gerry’s auto accident lawyers help me with my right to be compensated for my loss of earnings?
Many Californians are self-employed, working on commission or contract. A self-employed person or a contractor who is injured and cannot work clearly has lost earning capacity. One of Casey Gerry auto accident lawyers will look at your history of earnings for a period of time preceding the accident to establish a baseline value of your lost time.

For the period that you are unable to work, our auto accident attorneys will stress the importance of keeping records of opportunities to work that you had to turn down. For instance, consider a real estate agent who is unable to get out of bed because of a serious injury. Should s/he get calls from potential clients it is vital to keep a list of those calls, with names, phone numbers, and addresses. It may become important to contact them later to verify that these were opportunities which could not be pursued.

One of Casey Gerry auto accident lawyers will help identify the people who know your abilities and work skills in your community. When evaluating loss of earnings for a client unable to return to one’s former employment, we may have to retain a vocational rehabilitation specialist who can look at a person’s job history, as well as the impact of the injury, and then identify areas in which work can still be performed. Your auto accident lawyer may also consult an economist to look at earning capacity before the injury and in order to project loss of earnings if one cannot return to that work.

May I claim loss of earning capacity without an extensive work history?
Casey Gerry’s San Diego auto accident lawyers can claim loss of earning capacity even though you may not have a work history. In the case of a person injured as they were completing specialized training or graduate school, their earning ability has been compromised even though they did not yet have a work history. Our auto accident lawyers will aim to establish the earnings you would have been reasonably certain to earn had you not been injured.

Can Casey Gerry’s auto accident lawyers make a claim for lost services?
Yes. Sometimes a person will suffer serious injury that not only prevents them from working, but also from providing customary services to their family. These can be tasks such as care of children, gardening, cooking, working around the house, grocery shopping and housecleaning. Our auto crash lawyers may recommend a claim for injuries that compromise a person ability to provide household services.

Are there other economic losses that the law allows an injured person to recover?
Yes, there are. California law recognizes that suffering a serious injury can cause a person physical pain, mental suffering and derail them from their accustomed life. Casey Gerry auto accident attorneys are thoroughly familiar with the California Civil Jury Instructions which recognize that compensation is appropriate for past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, emotional distress. Our San Diego auto accident lawyers know that the amount of compensation for pain and suffering will vary, depending on the seriousness of the injury, the length of the injury, and the impact on the individual’s life.

Our auto accident attorneys will establish these damages to a jury by testimony from doctors regarding the impact of the injuries, and through friends and loved ones of the injured who can speak to the effects. Films may be used to show the impact of more serious injuries on the person’s daily life.

What will my auto accident lawyer advise me about resources to pay my medical expenses while I am waiting for my case to resolve?
Casey Gerry auto collision attorneys know that most people have insurance that will help pay medical bills, either through their health insurance coverage or through the healthcare provision in their own automobile insurance policy. These are called first party benefits, and when an accident occurs they are the first source of payment for your medical expenses. Casey Gerry auto accident lawyers ask our clients to bring in copies of all their policies so that we can determine their rights of recovery under all policies that may apply.

Can my automobile insurance coverage help with medical expenses?
You should check your own automobile insurance coverage to see if you have a medical pay provision. If you do, it should provide coverage for medical expenses, from $5,000 up to $25,000 or more. If you were a passenger, a Casey Gerry San Diego auto accident lawyer will advise you to find out whether the driver has a medical pay provision. If they do, it may also provide coverage for your medical expenses. Our auto accident attorneys will advise you to find out what is your health insurance coverage for medical expenses. Your carrier will often require that you sign a form agreeing to reimburse them for medical expenses they pay on your behalf during the pendency of your case.

Are there other resources for medical expenses?
Other potential first party sources may include Medi-Cal and Medicare benefits, and the Veterans Administration. If you have no ability to make payment through any insurance coverage, some creditors will be wiling to hold off collection until the conclusion of your case if you will sign a lien guaranteeing them reimbursement out of any proceeds of your personal injury claim. You should also work out a repayment plan with your medical provider even if it is a small amount each month.

If my insurance company pays some of my medical bills, when I make a recovery will they be entitled to reimbursement?
Casey Gerry auto accident attorneys will explain that most insurance policies have a contractual provision stipulating that the insurance company has a right to seek recovery through your recovery for reimbursement. At the conclusion of your case our auto accident lawyers will negotiate the best possible terms with your insurance company for reimbursement from the proceeds of your case.

Can my auto accident lawyer help me with a lien?
A lien can is an obligation created by law or by contract. When you sign a lien with a healthcare provider, you promise to pay them out of proceeds of your case, and you are legally obligated to pay them at the conclusion of your case. Liens should only be entered into if you have no other ability through health coverage or personal assets to pay healthcare bills during the pendency of your case. They should be reviewed carefully by your attorney before you sign them. Once you sign a lien, your auto accident attorney has an obligation to make sure that the lien is paid out of the proceeds of your recovery.

When a person is injured as a result of the negligence of another, will my auto accident lawyer always be able to make a claim for pain and suffering damages?
Not always. Proposition 213, heavily promoted by the insurance industry, prohibits the recovery of pain and suffering damages for individuals who were not insured at the time they were operating their own vehicles. In other words, if a person is driving without having liability insurance on themselves or their car, and becomes injured as a result of the negligence of another, they may be precluded by Proposition 213 from recovering any damages for pain and suffering. Thorough investigation of the circumstance by your auto accident lawyer is required to make this determination. It is very important that an auto accident lawyer take care in evaluating the uninsured person’s eligibility for damages for pain and suffering. But every driver should ALWAYS carry bodily injury insurance to prevent this from becoming a barrier to recovery.