Frequent Asked Questions

What should I do immediately after a personal injury accident?
  1. If you believe you are injured, seek medical attention immediately.
  2. Call the police and provide your statement for a police report.
  3. Take pictures of the scene, all cars, driver’s license and the insurance cards of all parties involved.
  4. Gather witness information including local businesses who may have caught the accident on camera
An insurance company offered me a settlement, should I take it?

No! Insurance companies are notorious for low-balling personal injury victims in their settlement. Receiving a large chunk of money may seem appealing, but often the settlement an insurance company offers you will not sufficiently meet your needs. You need to consider past and future medical bills, missed work, future therapy, and rehabilitation, along with pain and suffering. Never accept an insurance settlement before consulting with a lawyer.

What is liability?
Liability is essentially synonymous with responsibility. The person responsible for your personal injury can and should be held liable. For example, if another driver ran a red light, struck your vehicle, and caused you to suffer from whiplash, then they are liable for your accident. Accidents are generally caused by someone behaving negligently. The negligent party is nearly always held liable under the law.
What are damages?
Under the law, damages refer to monetary compensation for a victim’s suffering. Economic damages can include reimbursement for medical bills, time away from work, and property damage. Non-economic damages are monetary compensation for things unrelated to monetary loss, such as pain & suffering, diminished quality of life, and loss of companionship. Occasionally the liable party will be issued punitive damages, which is a monetary payout meant to punish the wrong-doer.
What if I was partially at fault for my accident?

California handles partial-fault cases through something called comparative negligence. This means that you can still collect compensation, but it will be scaled based on exactly how at fault you were for the accident. For example, if you were driving 10mph over the speed limit, but were struck by a driver who was measurably under the influence, you can only be considered to be partially at fault for the accident.

Hypothetically, let’s say that you were 5% at fault. When it comes time to collect damages, you will only be able to collect 95% of the damages. Do not let partial fault stop you from seeking the compensation you deserve. If you are unsure about your situation, call us to discuss the details.

What types of vehicles qualify for the Lemon Law?

Any vehicle sold in California that comes with a manufacturer’s warranty is covered by the Lemon Law.

How much time do I have to file a Lemon Law claim?

The time by which to file a lawsuit for a lemon law claim is dictated by statute and is four years from the date you knew or should have known that your vehicle was defective.

Does the Lemon Law apply to vehicles other than a car, truck, or SUV?
Yes. The Lemon Law in California applies to all types of consumer vehicles, including boats, motorcycles, and recreational vehicles.

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After an accident or serious injury, you deserve to have the legal team that will make sure you and your case are taken care of. We, at Sahar Malek Law, are here to help you!

Contact us, today!