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Participating in legal proceedings is costly, especially if you are brought into court - repeatedly - by the same plaintiff for something that has already been resolved or is not worthy of legal proceedings. The term malicious prosecution describes lawsuits filed:
Malicious prosecution cases are handled in civil court. While it does require you to enter the legal arena once again, hiring an experienced personal injury lawyer is essential to recoup your expenses and additional damages.
There are several themes found in malicious prosecution cases, some of the most common involve the following:
Perhaps one of the worst forms of malicious prosecution occurs when someone knows you are not guilty of a crime, but brings criminal charges against you. This can have incalculable consequences, including jail time, the loss of your job or lost wages, and a tremendous hit on your moral reputation. It can also negatively impact relationships with family, children, friends, and colleagues.
You can also sue someone for malicious prosecution if they continue bringing you to court or filing legal proceedings against you for something that is not a wrongdoing on your part or has already been settled in your favor in the past.
The fact of the matter is that depending on your relationship with the plaintiff, their emotional/mental health, and their ego, you can wind up in a nightmare of repeat legal proceedings that will not end without a ruling of malicious prosecution in your favor.
As mentioned above, malicious prosecution cases are civil rather than criminal, and the sooner you act, the better. In many cases, a letter from a lawyer stating you plan to file a malicious prosecution case if the plaintiff persists is enough to get them to back down. If not, and if you have a legitimate claim, your legal fees and other damages will be returned to you after a verdict is handed down in your favor.
The burden of proof is on you, as the plaintiff, to win your case and countersue for damages in this type of case. Remember, malicious prosecution cases are civil trials, so they are witnessed and judged by a jury.
To win your case, you must prove:
First, you will need to prove that there was no cause for the original case brought against you. Your attorney will supply documentation, evidence, and witness testimony (if applicable) demonstrating there was no just or probable cause for the original case.
Second, you must prove to the court that the original plaintiff’s acts were malicious in intent. This is typically evidenced by a lack of probable cause as well as a good faith attempt on your behalf to settle the situation out of court. Often, criminal cases involving malicious intent involve people who were already involved in some type of relationship, and there is a history of conflict that helps to support your case.
When someone sues you - or presses charges - for a lawsuit you have already won, you will need to prove that prior ruling during your malicious prosecution case. Your lawyer will help you procure all of the previously filed court documents - including the ruling in your favor - to support your case.
You will also have to provide evidence of the damages you experienced as a result of the false claims. This includes financial as well as emotional/psychological damages.
Some of the ways the court awards financial/economic damages include:
Non-economic damages, such as:
As you can imagine, non-economic damages are more challenging to prove, so an experienced attorney’s advice is invaluable.
Finally, the court must also determine that in the same situation, no reasonable person would have filed the original - and successive - claims or charges against you.
All of the above must be proven for the jury to rule in your favor. This is why an experienced lawyer is essential. If you do not have professional representation and accurate evidence in your favor, you risk losing the malicious prosecution case, which will put you at risk for further legal harassment and charges.
Most of the time, malicious prosecution cases begin due to a relationship gone sour. For example:
Unfortunately, in the State of California, plaintiffs often lose these cases. The court does not want the risk of a malicious prosecution charge to discourage legitimate cases from being filed in courts. That said if you have a valid case and ample proof in your favor, filing a malicious prosecution case may be the only way to end the harassment, be adequately compensated for your trauma, and move forward with your life.
If you have been maliciously prosecuted, Burneikis Law, P.C. is here to support you. We provide free, no-obligation consultations and never take a case if we feel we cannot win it for you. Our legal team will be straightforward with you and will let you know whether you have a strong chance of winning your case. Contact us to schedule your consultation.
Not only are car accidents more common when you are driving while under the influence (DUI), but the penalties for causing an accident while under the influence are far more severe.
The internet is full of statistics on how driving under the influence increases the risk of accidents and accident-related fatalities. Here are some of the facts we feel are the most compelling.
According to the California Office of Traffic Safety (OTS):
When you consider that nearly 30% of all traffic fatalities involved a driver with an illegal blood alcohol level, there is no argument that driving under the influence significantly increases your risk of causing an accident.
While drunk driving is certainly a leading cause of DUI-related accidents, and driving under the influence of illegal drugs is equally as dangerous, it is important to be aware of how even legal substances pose a risk when operating a motor vehicle.
The legalization of marijuana in California increased the rates of drivers who are under its influence. The tricky thing is that marijuana can last in the bloodstream for up to 30 or more days. This has made it challenging for the courts as THC concentrations in the blood do not necessarily prove that a person was under the influence of marijuana at the time of a traffic violation or accident. Nevertheless, advancements in this area are being made every day and it will not be long before tests will be available to conclusively prove that someone is driving while high.
However, analyzing traffic safety data before and after the legalization of marijuana illustrates how THC impairs drivers and may impact traffic accident risk. For example, people who drive immediately after using marijuana may increase their risk of getting into a crash by as much as 25 to 35 percent. These rates further increase if marijuana is ingested in edible form rather than smoked. The Journal of Studies on Alcohol and Drugs (“JSAD”) states that after marijuana was legalized for those 21 years of age and older, there was a “5% increase in injury crash rates following legalization and a 1% increase after retail sales began.”
It is highly recommended that those who use marijuana or CBD in any amount not drive while under the influence. All individuals should avoid getting into a car with a driver who is under the influence of any substance.
Many prescription medications have warnings about driving or operating heavy equipment. These warnings should not be ignored. If you are involved in an accident and post-crash testing reveals you were under the influence of legal prescription medication with driving warnings, you may be found partially or completely at fault. A DUI charge is not out of the question if a victim sues you for negligence in a personal injury lawsuit.
Do not forget that many over-the-counter (OTC) medications also pose a threat to drivers. Some of the most common include cold or allergy medications that cause drowsiness. Sleeping aids may also cause a problem if they linger in your system after you get up in the morning.
Read all medication labels carefully and adhere to any warnings about side effects like drowsiness, dizziness, fogginess, etc., and adhere to all driving restrictions while taking them.
We also want to highlight a couple of the statistics cited above. The first is that young males between the ages of 15 and 35 are the most likely to be involved in alcohol-related accidents that result in serious injury or fatality. This is worth a conversation with your sons, but also your daughters.
Peer pressure is a powerful force, and it is not easy to say no to getting into a car with a friend or peer who is clearly under the influence of alcohol or vaping. Create safe ways for your teen and young adult drivers to travel to and from recreational activities so they are not tempted to get themselves into unsafe situations.
It is also worth noting that car accidents while under the influence are the most likely to happen between the hours of 9 p.m. to 3 a.m. Be diligent about curfews with your teen and create clear agreements, including natural consequences when they are violated. Your child’s safety is a top concern.
If you are involved in an accident with someone who you suspect is under the influence:
Make sure to tell reporting officers you suspect a driver is under the influence (smell of alcohol in their car or on their breath, dilated pupils, slurred words, erratic actions/behaviors, etc.) and request that the officers take the other driver in for blood testing. If blood samples are not taken in the first hour or two after an accident, proving that someone is under the influence becomes a challenge.
Similarly, accurate documentation becomes critical when pursuing a personal injury case. In addition to recording all of the details to the best of your ability, head to the nearest urgent care or contact your physician to schedule a physical. Seeking prompt medical treatment is essential if you are in a car accident.
Your physical well-being should always be a top priority. Swift documentation of your injuries provides an essential paper trail, recorded by medical professionals, which will become key evidence during your insurance claims process and related legal action.
The sooner you have the support of a legal professional, the more you reap the benefits of professional help and counsel as you navigate the post-accident personal injury claim process. Burneikis Law, P.C. will ensure you have all the documentation necessary to support your case (and well-being) in the short- and long-term. Working with an attorney sooner rather than later provides invaluable peace of mind.
Being a victim of a DUI accident is traumatizing. Get the professional support you deserve by scheduling a free, 30-minute consultation at Burneikis Law. We will walk you through some of the things that need to happen now - while getting to know each other better - so you can decide if our firm is the right team to represent you through your case.
Expert witnesses are essential to most personal injury cases because they provide a subjective opinion and, often, incontrovertible evidence that impacts a case’s outcome, settle amounts, and so on. The right personal injury lawyer has trusted connections with the community’s most respected and qualified expert witnesses, helping clients achieve the best possible outcome for their case.
Expert witnesses are a specific category of witnesses. Unlike bystander witnesses (lay witnesses) who provide their reports or testimony about what they saw, heard, experienced, etc., leading up to, during, or after an accident, expert witnesses are credentialed, licensed, and/or certificated experts in their fields. They have no involvement in the event, and, excluding medical and psychological experts, they don’t have any connection to the victim(s).
Examples of expert witnesses called most commonly to testify during personal injury lawsuits are:
Depending on the accident or product defect contributing to your situation, personal injury lawyers rely on these experts to paint a clearer picture for the judge and jury regarding the short- and long-term impacts of our clients' accident or injury.
There are two different ways lawyers use expert witnesses.
We use these professionals to learn more about our clients and to prepare for the case. The information they share helps us to determine how to shape our case, which directions to pursue, and influences which additional expert witnesses we’ll call upon along the way.
Consulting experts may never be part of the actual court case or testimony, but their input is invaluable, and they are often who we rely on when we need new referrals for testifying experts.
We meet with testifying experts before the actual court cases, too. However, testifying experts are the ones who “take the stand.” They hold up well under pressure, and their testimony supports whatever evidence we have regarding causation or liability.
Keep in mind that in California, liability can be shared by two or more parties (called comparative negligence). So, even if our clients are assigned some of the liability, testifying experts can be helpful in helping the judge and jury see how others were responsible so settlements or awards are divided accordingly.
Here are some of the ways expert witnesses support personal injury cases.
Some cases are far more complex than others, and these are the most likely to involve expert witnesses. Their presentation of the facts and ensuring outcomes clarify complex or technical information that may confuse juries or judges without an expert’s explanation.
Causation is the legal term for “fault.” Who - or what - is at fault for the accident? As we mentioned above, this isn’t always one person or entity. For example, let’s say you were involved in a car accident when someone ran a red light. The cause and blame seem clear, However, what if evidence later indicated the driver’s brakes were faulty or their vehicle was in self-driving mode and failed? And, that a municipal employee who was supposed to lay gravel on the slippery road didn’t show up for work that day, and that intersection wasn’t graveled like it was supposed to be?
This is when expert witnesses, like roadway experts, manufacturing experts, etc., will be called in - helping the judge and jury decide who bears which percentage of the causation.
Sometimes, determining causation is the easy part. The challenge arises as the court determines what the total damages will be. Expert witnesses become critical in assessing what the total financial impact is on the victim and their family, using immediate and long-term assessments.
Some experts are far better than others at breaking down complicated or highly technical information. Personal injury attorneys intentionally seek expert witnesses who are good at explaining high-level information or can break down medical or technical jargon so that it’s understood. Educating the jury is key to optimizing fair outcomes.
Depending on how the other side presents or defends its case, we can use expert witness testimony to strengthen our claim or challenge the other side.
The team at Burneikis Law has trustworthy, long-standing relationships with some of the Bay Area’s top expert witnesses. We call on them as needed to help our clients achieve the best possible outcome from their personal injury claims. Contact Burneikis Law to schedule a consultation, and we’ll let you know how expert witnesses can support your claim.
You’d think post-pandemic increases in remote and hybrid work models would reduce Bay Area traffic, but that’s not the case. And with increased traffic congestion comes higher car accident rates.
A recent Standford Law School (SLS) website post begins, “The Bay Area is grappling with a pressing public safety concern: highly unsafe roads.” It goes on to talk about some of the most dangerous intersections in the area and notes that the Bay Area isn’t the only region grappling with this serious issue. Across the country, traffic deaths have continued to increase, surpassing pre-pandemic rates. And traffic fatality rates for both pedestrians and motorists highlight racial disparities.
Car accidents aren’t the only accident rates that escalate with increased traffic congestion. The SLS post highlights the heartbreaking story of a four-year-old who was hit by a car at a notoriously dangerous intersection in San Francisco.
There is a direct correlation between traffic congestion and accident rates - involving cars, cyclists, and pedestrians.
Increased traffic congestion means less space between cars. Remember that California traffic laws advise using the “three-second rule” when gauging the distance between you and the vehicle in front of you. This usually correlates to about one car length per 10 mph. This distance usually provides enough time for drivers to react to anything that happens in front of them, helping them avoid an accident.
However, a look at any congested highway, freeway, or major thoroughfare is proof that only some adhere to this rule. And when they do, impatient drivers will likely cut right in front of them. As a result, increased Bay Area traffic congestion increases the likelihood of rear-ending someone in front of you or being rear-ended by someone else. If there isn’t enough distance between cars, this becomes a chain-reaction rear-ending accident involving multiple cars.
Apps like Google Maps and Waze have opened up Bay Area byways. Roads once considered quiet sidestreets are now becoming major thoroughfares, especially during peak traffic hours. This leads to speeding accidents when commuters run late or are used to taking roads with higher speed limits to drive far faster than they should.
The City of Oakland takes this rise in accidents and fatalities very seriously. In 2022, The Oakland City Government acknowledged that Oakland’s roads are so dangerous that severe and fatal crashes are now a “public safety epidemic.” Speeding on side streets was one of their main concerns, which has led to the addition of 52-speed bumps, with more on the way.
Accidents involving speeding can also occur on congested freeways, believe it or not, when drivers who think they know better race in and out of responsibly-spaced traffic.
An article on LinkedIn explored the factors contributing to road rage. The top reasons for experiencing road rage are:
Unfortunately, as the Americal Psychological Association (APA) points out, road rage increases the risk of traffic accidents. They cite:
“...the AAA Foundation for Traffic Safety found “road rage” contributed to 218 deaths and 12,610 injuries between 1990 and 1996. Worse, AAA found that road rage incidents increased nearly 7% each year within that period.”
They also reinforce that crowded roadways are a leading cause of road rage. So, the more we can do to decrease traffic congestion in the Bay Area while providing education about road rage and how to avoid it, the safer our roads will be.
Distracted driving is a leading cause of accidents, and accidents related to distracted driving have increased exponentially with the advent of smartphones and other digital gadgets. When people are stuck in traffic, they are more likely to break hands-free gadget laws for several reasons:
While traffic congestion may mean driving far slower than normal, the number of people on the road, combined with unpredictable behavior from fellow drivers, means drivers must remain hands-free and attentive as ever.
Any committed Bay Area bicycle commuter knows it’s almost always faster to bike than drive to work if you live within 10 miles or less from work. Heavy Bay Area traffic congestion, compared with escalating gas prices, caused many people to re-evaluate how they get to/from work. This means more cyclists and pedestrians on the road.
Researchers focusing on reducing traffic congestion and car accident rates have identified a combination of factors that need to be addressed to make our roads safer. These include:
SLS’s post states, “...the city of Oakland has consistently dealt with a seemingly innocuous problem that has had consequences for traffic safety: potholes. Excessive potholes, especially in Black and low-income neighborhoods, means that drivers are forced to drive unsafely, creating risk for themselves and others.”
Have you recently been involved in a Bay Area traffic accident due to traffic congestion or a distracted driver? Schedule a free discovery session with us here at Burneikis Law. The more we hold everyone accountable for keeping our roads safe, the faster we’ll see a reduction in car accident rates.
Or, was your accident due to a combination of poor road conditions and heavy traffic? Everyone deserves to travel along well-maintained sidewalks and roads, which are always safer than those in disrepair, and we’re here to fight for that right. Call Burnekis Law at (510) 328-3238, and let’s get to work making the Bay Area a safer place to live, work, and play.
The term statute of limitations refers to the length of time a victim/plaintiff has to file their claim in court after an event occurred. These limitations vary, depending on the type of case.
The statute of limitations for the majority of California's personal injury cases, including car accidents, is two years.
All too often, clients approach personal injury attorneys close to or just after the statute of limitations has run. When the potential client is asked why they waited so long to call an attorney, the answer always seems to be that the client did not appreciate the amount of time that had passed since the accident. This is especially true if the client sustained mild to moderate injuries.
This is especially true in cases involving trip-and-fall or slip-and-fall accidents. Even victims of car accidents may feel relatively fine for a while, only to learn that injury to their head, neck, or spine did more damage than they realized, leading to chronic pain or long-term limited function.
Typically, the clock for the two-year statute of limitations for personal injury claims in California starts on the date of the accident. However, there are some exceptions:
These truncated time limits are another reminder of the importance of consulting with a personal injury attorney as soon as possible after suffering an injury to ensure your rights are protected from the beginning.
If you are involved in any type of accident, we highly recommend scheduling a consultation with a personal injury attorney. Most offer free, no-obligation 30-minute consultations. These consults are invaluable because you will learn:
In some cases, the attorney may let you know there is nothing to pursue at the moment, but will also provide information about what to pay attention to in case side effects show up in the future.
Sometimes, victims do not pursue personal injury lawsuits because they feel they are partially at fault. It is important to understand that even if a person shares some percentage of fault, they may still be protected thanks to California’s comparable negligence laws. These laws divide fault in an accident by percentages.
For example, if you trip and fall on a slick floor that was clearly marked “Wet” or “Slippery Floor,” under the comparable negligence law guidelines, you may still be entitled to a proportional payout based on your percentage of fault. Depending on the extent of your injuries and long-term effects, the money you receive may be substantial enough to alleviate the financial burdens.
Two years may seem like a long time, but it goes by quickly. Regardless of whether you think you have a personal injury case or not, do not wait to begin assembling medical information, recording benchmarks in your treatment, and related documentation. This process should happen immediately after an accident so that no detail is missed.
The longer you wait to write down what you remember in vivid detail, the less reliable your memory will be. Also, insurance companies and defense attorneys view lapses in treatment as a sign that you were not actually injured. The rationale: if you were truly injured, you would have gone to the doctor.
The more proof and documentation you have about your accident, the better Below are some tips for documenting your claim:
Whether you pursue a suit tomorrow, in a few weeks, or in a year, your documentation and evidence will be more relevant the closer it was compiled to the accident time and date.
Do not wait longer than you should to file your personal injury lawsuit. You do not want to come up against statutes of limitation that make the process more stressful or compressed than it needs to be.
Contact Burneikis Law and take advantage of our free, no-obligation consultation. We are always happy to provide recommendations and advice for anyone who seeks support from our office. If we feel you have a case, we will be there to guide you every step of the way. If not, we will let you know how to document the situation and what signs or indicators to look for so you know when it is time to call us again.
Most people celebrate the day their car is paid off and they can switch their auto insurance policy from “full-coverage” to “limited liability” (California’s legal minimum insurance requirement). Be careful before you do that, as a single auto accident is enough to make anyone wish they would have paid a little extra to get premium benefits.
It is illegal to drive any vehicle in the state of California without some type of insurance policy. The California Department of Insurance website states:
All drivers and all owners of a motor vehicle shall at all times be able to establish financial responsibility and shall at all times carry in the vehicle evidence of the form of financial responsibility in effect for the vehicle." If you do not have auto liability insurance, you can be fined, your license may be suspended, and your vehicle could be impounded.
There are many different types of auto insurance policies and available add-ons. How do you know what type of coverage is best and how much coverage to get?
This is the foundation of all auto insurance policies and is the minimum type of insurance legally required to drive a car in California. Liability Insurance includes bodily injury coverage and coverage of property damage.
It is important to note that liability coverage is designed to cover the damage sustained by another person if you are determined to be at fault for an accident, i.e., damages that you cause to someone else and their property. This coverage provides no coverage for the costs of injury/damages to yourself or family members.
It is also crucial to understand that the amount of coverage you have is limited based on the policy limits that have been elected. For example, if you elect coverage limits of $15,000 per person/$30,000 per accident (the minimum amount of insurance that is required by law), those amounts are the most your insurance company will pay for the bodily injury claims of those who were injured due to the accident you caused. Thus, if you caused an accident, and there were 4 people who were injured as a result of the accident, the most your insurance company will pay to all 4 people is $30,000. This means that the 4 people who were injured will have to divvy up your $30,000 per accident insurance limits, with no 1 person taking more than $15,000 (the per person limit). In this instance, if those who were injured sustained damages in excess of these amounts, they can pursue you individually, and go after your personal assets, to make up the difference between what they received from the insurance company and what their actual damages are.
This is why it is imperative that you have the highest limits you can afford in liability coverage. Depending on the insurance company, a person can elect limits ranging from $15,000 per person/$30,000 per accident, up to $1,000,000 per person/$1,000,000 per accident, or higher. The most common limits that are deemed “reasonable” by those in the industry $250,000 per person/$500,000 per accident. While this may seem high, consider that most accidents that cause moderate injuries can require an ambulance ride, an overnight stay in the hospital, surgeries, follow-up care, and time off of work. It is easy to understand how quickly the costs associated with the treatment of accident-related injuries can add up.
Property damage limits vary and are generally based on the bodily injury limits selected. If a person has elected bodily injury limits of $15,000 per person/$30,000 per accident, they ordinarily are not permitted to have property damage limits higher than $5,000. What this means is if that person causes an accident, the most their insurance company will pay to another person for property damage (most commonly car repair) is $5,000. If the person who was not at fault for the accident has property damage that exceeds $5,000, they can pursue the at-fault party individually for payment of the difference between what the insurance company paid and what the actual property damage cost. Additionally, if the at-fault party causes damage to structures (i.e., homes, buildings, signage), and the value of the damage exceeds the amount of the property damage coverage, the owner of the property can pursue the person individually for payment of the costs of repair.
For this reason, unless you want to guarantee a lawsuit against you, you should have sufficient property damage coverage on your automobile policy. Keep in mind that the cost of a new car has increased dramatically in recent months. Some of the new electric vehicles cost $100,000 or more. If you only have $5,000 in property damage coverage and cause an accident with a person who is driving one of these vehicles (i.e., a Tesla), you could be personally responsible for paying close to, or more than, 6 figures to repair that vehicle.
If you took out a loan to purchase your car, lenders require you to carry full-coverage because they want to insure the value of the vehicle in case you are involved in an at-fault accident, an accident with someone who has limited liability insurance, or an accident with an uninsured or underinsured motorist.
You can optimize an auto insurance policy by using policy add-ons. In addition to increasing your liability limits (both bodily injury and property damage limits) as discussed above, upgrading to a full-coverage policy is an excellent way to ensure you and your family members and passengers are protected. Below are some coverages which you can add to your policy to protect yourself and others.
This type of insurance covers the costs of repairing your own vehicle if you cause an accident. It also provides coverage if you are not at-fault for an accident, but the person who is does not have sufficient property damage liability limits on their own insurance policy.
This type of coverage provides protection in the event your vehicle is damaged due to events beyond your control, i.e., a falling tree or branch, theft, vandalism, hail, damage from hitting an animal, etc.
This coverage reimburses you and every person in your vehicle for medical expenses incurred related to an accident. This coverage applies regardless of who caused the accident. Thus, if you have $5,000 worth of medical payments coverage on your policy and you cause an accident, you and everyone that was in your car can access up to $5,000 each in reimbursement for medical expenses incurred. This coverage can also be accessed if someone else caused the accident, but you and the passengers in your car needed medical treatment.
While some people decline this coverage, especially if they have their own medical insurance, this coverage is helpful because some medical expenses are not covered by medical insurance, i.e., co-pays, co-insurance, chiropractic care, over-the-counter medications, etc. All of these types of expenses that are not covered by health insurance are reimbursable through the medical payments portion of an automobile insurance policy.
While it may be illegal to drive an uninsured car, it is alarming how many people drive uninsured or without sufficient coverage. Uninsured motorist coverage helps to fill the financial gap created when an insured driver is hit or involved in an accident caused by a driver without auto insurance or without enough insurance to cover treatment for their bodily injury and property damage.
If you are involved in an accident with an uninsured or underinsured (one that does not have high enough bodily injury limits) driver, you can tap into your own uninsured motorist coverage to make up the difference in what you received from the at-fault party’s insurance company and the value of your bodily injury claim. This is why it is vital that your own automobile insurance policy has as high of an uninsured motorist coverage limit as you can afford. I cannot tell you how many times I have had to tell clients that there is no money to compensate them for their injuries, or for their family member’s death, because not only did the at-fault party not have sufficient liability limits, but they themselves did not carry sufficient uninsured motorist coverage limits. If you are involved in a severe accident that requires significant medical treatment and time off of work, the value of your claim can easily rise into the high six-figure to the low seven-figure range or higher. However, if the at-fault party does not have bodily injury limits in those ranges, and if your own policy does not have uninsured motorist coverage in those ranges either, you will have no source of recovery.
You cannot bank on the at-fault party having sufficient insurance limits or personal assets to appropriately compensate you for your injuries. The sad truth is that most people who do not have high insurance limits also do not have big bank accounts or other assets that can be used to satisfy a judgment. Thus, if the person who caused your injuries does not have enough insurance, going after that person individually often results in no recovery. If you want to help secure the right to recovery for injuries you sustain as the result of an accident, it is crucial that you have high uninsured motorist limits on your own automobile policy to protect yourself against the driver who does not have insurance or has too little coverage.
Were you recently involved in an accident and feel you are owed more insurance money? Does it feel like your insurance carrier - or the other party’s carrier – is not paying out like they should? Schedule a consultation with Burneikis Law to review your case. We will take the mystery out of your policy and determine if you are getting the compensation you deserve.
Clients are often shocked to learn they may be legally accountable for damages related to an accident or event that seemed entirely the fault of another. That’s because California’s Comparative Negligence Law looks to establish fault equitably.
For example, let’s say you have friends over for dinner. One of them arrives under the influence of alcohol and trips and falls on your walkway. If they choose to sue, you may find that any proof of inadequate lighting, a gap, or a rise in the walkway means you are X% at fault; therefore, the court will make you (or your homeowner’s insurance carrier) pay for X% of the damages.
This is very different from many other states, where the government stipulates that nobody is held accountable for negligence if they share less than 50% of the responsibility for the injury or accident. In the above example, we understand that an inebriated friend is almost entirely at fault for their fall, yet you might have to compensate them anyway.
However, it is often challenging to decipher where the boundaries around responsibility or negligence begin and end. Only the court has the final say in the end, and that’s why a personal injury lawyer is your greatest ally - regardless of whether you’re a plaintiff or a defendant.
Comparative negligence laws mean any partial fault equals partial accountability, which is reflected in how courts and insurance companies handle comparative negligence cases.
Prior to 1975, when California shifted to the comparative negligence format, we had a contributory negligence law. This means that if the victim was in any way responsible for what happened - for example, a jaywalker being hit by a car (take note: laws have changed here, too, and jaywalking is no longer illegal in the state of CA), or a person slipping and falling on a well-marked “wet floor” they could not pursue damages.
Once the law changed, there was exponential growth in the personal injury law niche. Today, legal and insurance professionals recommend scheduling a consultation with a personal injury lawyer whenever you’re injured or suffer any type of harm - regardless of whether the outcome was due to your negligence.
In a state with comparative negligence laws, damages are awarded based on a percentage of fault. If the court finds you are 1% responsible and the plaintiff was 99% responsible for what happened, you may still be ordered to cover that 1%. That may not sound like much, but that 1% can be substantial if the accident resulted in serious injuries, long hospital stays, lost wages, etc.
For example, the Lawsuit Information Center writes, “One study found that the average money damage award for personal injury trials in California is $1,814,094; if you were found 1% responsible, you’d still owe a notable $18,140.94. That’s not a dollar amount most working households can easily absorb.
Some of the most common personal injury cases resulting in partial fault settlements include:
And don’t forget, serious injuries - even if a person was partially negligent - can lead to life-long side effects, including mental health or psychological effects, the inability to do the same job, or chronic pain and suffering.
Even if you were recently involved in an accident or suffered an injury due to your own negligence, it is still worth consulting with a personal injury attorney. First consultations are always free and we can help you determine whether it’s worth pursuing.
In most cases, an insurance company - whether it is auto insurance, homeowner’s insurance, or a business’s liability insurance - is also involved. This means you are likely to get a settlement that reflects the other party’s or parties’ percentage of fault. After two or three free consults, you’ll know whether or not it’s worth pursuing while also having a good feel for which law practice you trust represents you.
What to do if you feel you’re not responsible for an accident or injury
On the flip side, we share the same sentiment. In most cases, your insurance carrier will go to bat for you to minimize the damages they must pay out. That said, legal expertise is always an advantage.
It costs you nothing to consult with a personal injury lawyer using their free initial consultations. They may have additional information or questions that support your case and minimize any damages you may be responsible for. This is also a reason why paying a little bit more in monthly premium prices is well worth the expanded coverage you receive. If the amount you’re responsible for exceeds the insurance coverage, you’ll have to pay those expenses out of pocket - even if you shared only a minimum of responsibility.
Regardless of which side of California’s comparative negligence law you’re on, the support of an experienced personal injury lawyer can play a significant role in the outcome of your case.
Schedule your free legal consultation with Burneikis Law Firm. We can help you learn more about what percentage of responsibility you may carry and how that can affect the final verdict.
According to an Insurance Research Council 2021 study, roughly one in eight drivers (nearly 13%) do not have automobile insurance. Shockingly, California is on the Top 10 list of states with the most uninsured drivers. According to the IRC’s data, almost 17% of California’s drivers are uninsured.
There are nearly 200,000 injury-related car accidents every year in California. Roughly 33,200 of those involve an uninsured driver. This is why it is imperative that you have adequate uninsured/underinsured insurance limits on your own automobile insurance policy.
If you are involved in an accident with an uninsured driver, it is important you conduct yourself in the same manner as you would if the at-fault driver had insurance. This way, you will be sure to get the information and documentation you need to pursue a personal injury lawsuit if needed. Below are some tips on what to do, and how to protect yourself, if you are hit by an uninsured driver.
It is against the law to drive a vehicle without insurance. Because of this, when an uninsured motorist is at-fault in an accident, it is not uncommon for them to try to leave the scene immediately after the accident. However, it is crucial to report and document the accident the same way you would any other. This includes:
The more information you capture immediately after the accident, the more accurate the details will be.
The law requires that all motorists have automobile insurance. Limited liability policies are very affordable. According to moneygeek.com, the average cost for a minimum liability auto insurance policy in CA is $551/year ($49.92/month), which is a very reasonable cost. The bottom line: there is no excuse for driving uninsured.
Uninsured drivers know they are at risk and can panic when they are involved in an accident. They may beg, plead, tell a sob story, etc. Their story may very well be valid. However, it does not negate the fact they should not have been driving without at least the mandatory minimum insurance coverage required by state law.
It is important that you do not let the uninsured driver off the hook, as it could negatively impact your ability to obtain compensation down the road, especially if your injuries are worse than you are immediately aware of at the scene. Do not let the driver leave the scene without getting their contact information, a photo of their drivers’ license, and a photo of their vehicle, including their license plate. No matter how empathetic you are to the uninsured driver’s situation, you must get this information if you hope to recover under the uninsured motorist provisions from your own insurance company.
If the at-fault driver is uncooperative, schedule an appointment at your local DMV office. You will need the other driver’s information (name, license plate and driver’s license). The DMV may be able to help you determine whether the person was insured or not. Your insurance carrier may also help you in this regard.
The adrenalin and natural shock response experienced immediately after an accident can prevent car accident victims from feeling pain or discomfort right way, or can mask the signs of injury. You should always head to an urgent care center, Emergency Room or to your primary care physician's office immediately after an accident for a complete evaluation.
The physicians may request images or scans to rule out internal injuries or head/spinal injuries which you may not be aware of yet. This documentation and imaging, along with post-accident care instructions or work restrictions, provide vital information for insurance carriers when seeking compensation or determining the settlement amount. Your accident attorney will also need as much accurate documentation from medical professionals as possible, especially if your injuies are severe.
The aftermath of a car accident can be overwhelming, especially if you or others were injured. Uninsured motorist accidents can present additional challenges that cause accident victims to feel defeated. If you find yourself in such a predicament, do not hesitate to contact a few reputable personal injury attorneys in your area.
During those consultations, you job is to ask questions of the attorney, the answers to which should provide you with clarity about how to proceed. Experienced attorneys will be clear about whether or not they can help you. Even if they cannot move forward with your case, they will be able to provide you with invaluable information on how to get the most out of your interactions with insurance agencies.
Have you been in a single or multi-car accident with an uninsured motorist? Schedule a consultation with Burneikis Law. We are here to provide clear, concise, expert information about proceeding with yoru claim. Ensure your rights are protected by using an advocate who has your present and long-term well-being at heart. Call Burneikis Law today.
In the immediate aftermath of an accident, first responders focus on physical injuries ranging from minor to catastrophic. However, in the days, weeks, and months following the event, many accident victims experience challenging psychological effects. Feelings of anxiety, sleeplessness, insomnia, memory lapses, flashbacks, anger, and depression are all common psychological effects of a personal injury.
Psychological effects impacting mental and emotional health can be equally or even more devastating than the physical injuries one suffers after an accident and deserve equal attention when pursuing personal injury compensation.
A recent article published in the Injury Epidemiology Journal explores the serious and long-lasting mental and emotional health effects following injuries. Researchers found that:
Notice that the rate of accident victims reporting mental and emotional health effects at 24 months (two years) after their injuries is higher than those reporting distress at the one-year mark. This increase is proof that long-term effects and life changes associated with a serious accident or injury take a toll on victims over time.
Here are some of the most common psychological effects of a traumatic or unexpected accident or injury:
Victims of a head injury, serious accident, or trauma commonly experience side effects such as mental fogginess, memory loss, difficulty focusing, and general fatigue. Part of this is related to the physical effects of a brain injury, which can heal over a few days or weeks. However, traumatic brain injuries may leave victims with permanent loss of short-term memory, difficulty completing tasks, or an inability to perform work- or home-related responsibilities they previously held.
Anxiety is another psychological effect frequently experienced following an accident. For many people, anxiety is centered around the activity or environment in which the accident occurred. For example, someone involved in an auto accident may be afraid to drive or may fearful of being a passenger in a car. Someone who fell from a balcony due to a faulty railing may experience a fear of stairs or heights.
Sometimes, the brain’s reaction to the loss of control leading to an accident creates generalized anxiety, and this is heightened if a victim is worried about when they can return to work, the financial health of their household, or whether or not their physical injuries will heal enough for them to “go back to normal.”
Not surprisingly, depression is associated with any physical injury that compromises a person’s activities of daily living, capabilities, or ability to return to their job. Long-term hospital or rehab stays, along with suffering a permanent mental or physical disability, puts a victim at serious risk for depression.
If depression goes unnoticed or untreated, it can spiral into more serious mental health issues, including suicidal ideation (thoughts or fantasies about suicide) or actual suicide attempts.
The multi-fold effects of a serious accident or injury may also lead to insomnia. The inability to get good sleep increases the risks a person will suffer some of the above-mentioned psychological effects of personal injury, creating a snowball effect.
There are several things you can do to cope with the psychological effects of a personal injury accident. Getting the qualified support you need is a huge first step.
It is not uncommon for victims of serious accidents to initially “feel fine” due to accident-related adrenaline and the side effects of shock. No matter how “fine” you feel immediate medical attention is essential. The sooner you are evaluated, the better your chance of receiving an accurate diagnosis of any injuries, including minor whiplash or concussion.
Consulting with a personal injury lawyer is a necessary next move. There is no obligation, and you are not committed to pursuing compensation if it is unnecessary. However, these consultations allow you to review what happened, share your story, and objectively review your medical records. From that information, we can provide you with clear next steps.
Many clients find the support of a personal injury attorney alleviates feelings of loneliness or helplessness, knowing that an objective professional can look out for their best interests over the short and long term.
If you do not have a current relationship with a therapist or counselor, we can provide referrals to therapists we trust. A licensed therapist can provide weekly counsel and provide you with personalized tools to manage some of the psychological side effects listed above, including anger, anxiety, depression, and so on.
We will build these and other fees (as well as projected future needs) into your case if you decide to pursue a personal injury lawsuit.
Is your well-being compromised by the emotional and mental stress of your recent accident? Have you noticed changes in your emotional landscape due to an accident or injury? Schedule a consultation with Burneikis Law.
We will listen to your story and provide professional recommendations for your next steps. You do not have to navigate this alone. Getting the support you need for the psychological effects of personal injuries is the foundation for relieving the psychological effects of an accident and is necessary to restore the quality of life you deserve.
Professional, accurate and detailed documentation is a cornerstone of any personal injury case. If you have recently been injured and would like to pursue a personal injury case, completing these steps will help ensure your claim has the greatest chance of success.
Most personal injury claimants would prefer to avoid having to go to court. While some cases require litigation, Burneikis Law appreciates our clients’ desires to stay out of the courtroom, and we strive to obtain a reasonable settlement prior to litigation. Other times, moving forward in court is required in order to ensure our clients are appropriately compensated for their injuries. In both situations, documenting your injuries and the damages you have sustained provides hard evidence and tangible calculations that help insurance adjusters, lawyers and judges decide what the value of your claim should be. Performing your due diligence by documenting your injuries and damages is vital to this process.
Please note that the following tips should be tailored to your specific situation. For example, documentation after a car accident differs from the documentation required after an injury sustained at work or on someone else’s property. However, the general tenets remain the same regardless.
Here is what you should do for the most successful personal injury claim outcome:
The more information and evidence you (or others) are able to get immediately after an accident, the better. Some of the most common personal injury accidents involve scenarios where photo evidence taken at the scene or shortly thereafter can play an essential role in your case. If you are injured or involved in an accident, consider:
When it comes to documenting injuries and damages, more is definitely better. Attorneys would rather sort through piles of paperwork and evidence to choose what is relevant, rather than wish we had more evidence available to use in your favor.
First and foremost, seeking medical attention immediately after any accident or incident ensures you are receiving an appropriate evaluation of your injuries. Adrenaline and shock are powerful and can mask injuries that reveal themselves later. It is much better to have a complete physical exam, including any necessary imaging, to assess your physical well-being than to refrain from going to the doctor and risking your injuries getting worse. Documentation from qualified medical professionals works strongly in a victim’s favor. Also, some accidents - like traumatic brain injuries - do not always manifest immediately after an accident, so having that first appointment and then follow-ups as other symptoms develop, continue a bona fide paper trail supporting your case.
All too often, when clients are asked why they did not go to the doctor immediately after an accident or injury, they say, “I thought I was fine,” or, “I assumed the defendants would take responsibility and do what they should have to compensate me.” This mindset can cause trouble down the road because the other party’s legal team will use this to imply you were not injured by the accident, but rather, had pre-existing injuries, or that you made things up along the way because you are lacking evidence from the time of the incident proving your injuries were caused by the accident.
It is never too early to consult with personal injury lawyers. You may decide to not use one, but getting someone on board early provides you with legally-sound advice on how to proceed, as well as what and how to document relevant evidence and information. Initial consultations are free, so we recommend scheduling at least three different consults. This gives you the opportunity to gain various legal perspectives while getting a feel for which personal injury attorney feels like the best fit for you.
One of the bonuses of moving forward with a personal injury case is that your lawyer is there for you every step of the way. We will take care of most of the documentation for you, helping to ease the pressure and stress you may otherwise feel after an accident.
It is always better to proceed as if you are going to file a claim than to wait too long and then realize you should have filed one sooner. There are statutes of limitations on personal injury claims, so waiting too long may mean losing your chance to file at all. Of course, the longer you wait to file a claim, the less likely you are to have the documentation and evidence needed to strongly support your case.
Are you interested in learning more about how to move forward and what documentation you need for a successful personal injury claim? Contact Burneikis Law. We help Bay Area residents achieve satisfying settlements and outcomes because we are diligent about having the evidence and proof necessary to prove our client’s cases. We look forward to getting a successful outcome for you.
