Archive for the ‘California Auto Accidents’ Category

Could Mild Whiplash be a Mild Traumatic Brain Injury?

Friday, June 16th, 2017

hmhmvmu      You’ve been involved in a car crash in California. Your head went forward, backward, and forward again. And now, you thought you just had a mild case of whiplash, but you are beginning to see other symptoms. Could you have a case of mild traumatic brain injury?

I see these kinds of cases all the time. People come in to the office, and they say, “It was just a minor case of whiplash, and everything seemed fine, but weeks later I was noticing that I had forgotten things, and I couldn’t think things through as clearly as I had before, or I had difficulty focusing on some of the tasks that I had done”. Well, perhaps that                                                                                                                                                                                            person has a mild traumatic brain injury.

You might wonder, why are you different now than you were before the accident. Well, this is something that could require medical attention for an examination of mild traumatic brain injury. Now, I’m not a doctor, but I’ve worked on enough of these cases to know when somebody should be seen and evaluated for these types of things. Oftentimes, mild traumatic brain injury is not visible to the naked eye, including the insurance companies, who often think that, “Your client is faking it; it’s nothing more than a case of whiplash”. What you need to do is get some answers and an evaluation as to whether or not you’ve had a mild traumatic brain injury. I have the ability to get you an evaluation and the answers for this.

If you have additional questions regarding traumatic brain injuries and car accidents, contact the Law Offices of Frank M. Nunes at 559-436-0850.

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How to get the Other Party’s Insurance to Stop Calling You

Tuesday, June 13th, 2017

So, you are getting calls from the other side’s insurance company after you have had a crash. The calls are excessive. The calls are at your home phone. The calls are at your work phone. The calls are even on your cell phone. How do you get them to stop? Here is the one secret to get them to stop: Hire an attorney, or at least tell them you are represented, and then go get an attorney. Why does this work? Because once you are represented, the other side’s insurance company will no longer call you.

If you have questions regarding your involvement in an auto accident or want to stop excessive calls from the insurance companies, I want you to pick phone and call the Law Offices of Frank M. Nunes at 559-436-0850.

Insurance Asking for Repayment After A Settlement

Monday, June 12th, 2017

So, you brought a lawsuit or you made a claim, and you were successful in getting a recovery against the at-fault party’s insurance company. Now your own insurance company is contacting you and asking that they be repaid. Are they allowed to do this? Well, the simple answer is, “Yes”. Most insurance policies have what’s called a reimbursement provision that requires you to pay back any benefits you were paid that you recovered from the other driver’s insurance policy or other sources.

Now, some of these reimbursement clauses are more friendly to the injured party than others. For example, most medical payment reimbursement clauses through automobile policies allow you to take a credit or reduction in the amount you pay back to compensate you for your attorney’s fees and the costs you’ve incurred in pursuing a claim against the responsible party. Other insurance companies, such as many health insurance companies, don’t care how much money, time, or cost you’ve expended in getting a recovery. They want a dollar-for-dollar reimbursement.

If you have additional questions regarding a reimbursement request from the insurance company, contact the Law Offices of Frank M. Nunes at 559-436-0850.

Claims for "Pre-Existing Conditions" After an Accident

Friday, June 9th, 2017

You’ve been injured in a car accident. You think you may have hurt your neck, your back or another part of your body, and you want to know if you can make a claim for those injuries in this accident, even if you’ve hurt those same body parts before. The short answer is yes, you can make a claim for those areas even if you’ve had an injury before.

The trick is how much of that claim is attributed to the current accident versus how much was there already. This is what is sometimes referred to as a pre-existing condition in the law. Typically, the law requires the person who caused your harms due to carelessness to be responsible for all of the harms and losses that have been caused, with the exception that they’re not responsible for the harms and losses that were already there before the careless act.

If you have additional questions about an injury claim following an accident, contact the Law Offices of Frank M. Nunes at 559-436-0950.

Concertgoer’s Personal Injury Claim

Thursday, June 8th, 2017

I want to tell you the story about a young concertgoer who was struck while she was outside the crosswalk on her way to the Save Mart center. It was one of the greatest and most anticipated concerts of this young woman’s life. She was crossing both lanes of Shaw Avenue, and there was a lot of traffic. She couldn’t get herself into the crosswalk because it was so packed. Suddenly, without warning, the other driver’s car came rushing down the street at a high rate of speed. He didn’t see her. He struck her, hit her, knocked her to the ground. She suffered catastrophic injuries to her hip and her leg.

When we made a claim to the other driver’s insurance company, they completely denied the claim, claiming the driver had done nothing wrong, saying simply because this woman was outside the crosswalk at a heavily congested time she was one hundred percent at fault for her own injuries. What did we do? We had to file suit. We filed suit against them. We asked questions. We conducted discovery, the process where we learned, we proved that the woman was, in fact, outside the crosswalk, and had she been in the crosswalk she would have been struck sooner at greater force and suffered even more catastrophic injuries than she already suffered.

What did the insurance company do in response to this? Once they saw that we had proved that the being out of the crosswalk actually lessened this woman’s catastrophic injuries, they paid all the insurance proceeds they had available and settled the case quickly and quietly.

If you have additional questions regarding an insurance company’s refusal to pay a personal injury claim, contact the Law Offices of Frank M. Nunes at 559-436-0850.

The Legal Side of Injuries Caused by a Serious Car Accident

Tuesday, June 6th, 2017

You get that call from the California Highway Patrol; your husband’s been involved in a terrible accident, and you have to come to the hospital right away. You go to the hospital. You come into the Intensive Care Unit. You see your husband laying in the bed, tubes everywhere, wires and machines and noises, tube down his mouth to help him breathe, nurses coming in and out of the room. You begin to sit there and realize you’re helpless; there’s nothing you can do to help you husband as he tries to heal from these catastrophic injuries.

Then you begin to hear talk about how the accident may have happened. You learn that it could have been caused by somebody else’s careless. You begin to develop feelings of despair. Those feelings of despair turn into anger as you think that this all could have been avoided if somebody had been just a little bit more careful, and as you turn those feelings into anger, you begin to lose the emotional control that you need to make rational decisions at this point.

You need to hire an attorney that can do a thorough and careful examination of the case. One who will get the police report. One who will investigate the scene, interview the witnesses and find out the underlying facts and even the cause of what put your loved in the hospital. Once we complete the investigation, we can come back to you and tell you what we found and let you know who, if anyone, is responsible for the situation that’s placed your husband in the hospital. This will allow you to focus on caring for your husband and allow us to do the magic we do behind the scenes as the legal team for you.

If a loved one has suffered injuries from a serious car accident, contact the Law Offices of Frank M. Nunes, Inc at 559-436-0850.

How Long Will it Take For My Case to Finish?

Monday, June 5th, 2017

You were involved in a car crash in California, and you want to know how long does it take for your case to finish. Well, the short answer is, “It depends”. It depends on a variety of factors. The first thing we look for is, have you been released from care? Now, what does released from care mean? Well, in essence, if you have bodily injury or harms to your person, it means that your doctors have done all they can for you and that they’ve reached the point where no more can be done for you, so we have a clear picture of all the harms and losses to your body from the crash.

It is important that we determine all of the harms and losses because we need to present them in a united and complete front for the other driver’s insurance company. We have to gather all of the records, all of the bills and all of the documents for any time missed from work so we can present to the other driver’s insurance company in one complete, easy-to-understand package. It may be easy for them to understand, but it’s something that you may need help with.

If you have additional questions about your auto accident case contact the Law Offices of Frank M. Nunes at 559-436-0850.

Will There Be Money For Me After A Settlement?

Friday, June 2nd, 2017

You’ve been involved in an accident, and you’ve either filed a claim, or perhaps a lawsuit, and you want to know: after attorney’s fees, medical bills, liens and costs, will there be any money left for you? The answer is, “Absolutely, yes”. In my office all cases are settled with the client’s consent, and not a moment before that client gives us consent to do so. I show the client exactly how much the case is settling for, exactly how much there are in attorney’s fees, costs and medical bills to pay back, and I can show the client exactly how much money is going to be in their pocket when the case is over.

If you have questions about costs involved with filing a claim or lawsuit, contact the Law Offices of Frank M. Nunes at 559-436-0850.

Personal Injury Claim Process

Wednesday, May 31st, 2017

You were involved in a car crash in California, and now you want to know about bringing a personal injury claim, but you don’t know what a personal injury claim entails. First and foremost, seek appropriate medical care, and after you’ve done that, then contact somebody to conduct a thorough investigation of the facts. Sometimes the initial determination as to who’s at fault and who wasn’t at fault or what was seen, what was heard and who did what are in dispute. This is where somebody like me can help you, because we go in and investigate the facts, the circumstances of the case to find out what really happened. And once we’ve investigated those facts and we understand what happened, we gather all the information and we present that to the other driver’s insurance company. This usually begins a process of negotiations where we go back and forth.

In my office, no case ever settles without a client’s written permission to do so. If the case doesn’t settle and a lawsuit becomes required, then you’ll be consulted throughout the entire stage of the lawsuit, from the initial filing of the summons and complaint, all the way to to preparing the documents for trial. Once a case is filed with a lawsuit, then it begins the discovery process. This is a lot akin to the investigation process, but it’s done in a more formal setting. The lawyers are involved. Most of it’s done in written sworn statements or depositions or request for document or items or the other things to be produced and exchanged between the parties. But it still serves the same purpose and function as the investigative phase. Again, we’re learning and confirming facts that we know or may not already know so we can have a clear understanding of what actually did occur or what can be shown to have occurred.

Finally, after the discovery stage is complete we’ll have some attempt to resolve the case informally. There are many different vehicles for resolving the case informally. One of the most common vehicles is mediation. Mediation is a process where both sides come together with a neutral third party. They discuss the things they can agree upon, the things they can’t agree upon, they look at the pros and cons of each side’s case, and they come to a compromise – it is hoped – that fits both sides and resolves the case once and for all.

If the case doesn’t resolve in mediation, then a case will set for trial. Once the case is set for trial, the parties must appear at a certain date and time before court to explain their version of the facts, and either the judge or the jury will decide who has proven their case to the appropriate standard.

If you have additional questions regarding personal injury claims, contact our personal injury lawyers in Fresno at  Law Offices of Frank M. Nunes by calling 559-436-0850.

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What is a Hit-and-Run Claim?

Tuesday, May 30th, 2017

Can you bring a claim if you were hit by a driver who failed to stay at the scene? The short answer is yes; it’s what’s called a hit-and-run claim. But it doesn’t just happen. You have to take some reasonable steps. The first and most important thing is, if you’ve been injured in this collision you need to seek the appropriate medical care.

Once you’ve taken care of seeking the right amount of medical care, you need to report the crash. You need to report it to your insurance company, and most importantly, you need to report it to law enforcement. I know sometimes law enforcement will not come out to the scene and take a report, so it’s incumbent upon you to go to that agency and make what is called a counter report. You have to have some documentation that there was actually an impact between your vehicle and another vehicle that hit you and fled. Those are the three key points that people miss in a hit and run claim when they try to go at it alone.

If you have additional questions about a hit-and-run claim, contact the Law Offices of Frank M. Nunes at 559-436-0850.

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