Biegel Law Firm

According to the National Highway Traffic Safety Administration, rear-end accidents represent the most common type of collision, accounting for 29 percent of all traffic accidents.

Knowing what occurs in rear-end collisions can help you understand the reasons why these accidents can be so serious.

Rear-end accidents can be dangerous to the passengers as well as the driver in the front vehicle. People in the lead car have little warning, with no time to take evasive action or ready themselves for a collision. This means that they quite often absorb the physical forces released in the crash with their bodies, resulting in serious injuries.

During a rear-end collision, a great deal of energy is transferred from the rear vehicle to the leading one. All moving objects possess what is called kinetic energy, and the amount of this energy depends on how fast the vehicle is traveling and its mass. Because of this, vehicles that are traveling at high rates of speed and those that are heavier cause much more damage.

Types of injuries in rear-end accidents

Rear-end collisions tend to result in some predictable types of injuries to passengers. If the front vehicle is stopped, it will remain so until an external force is applied. However, when it is struck from behind, the vehicle occupants will first be forced back into their seats as they move towards the impact, placing immense strain on their necks and backs. When their vehicle is thrust forward it will cause them to move forward until they are stopped by anything inside of the car, including airbags, seatbelts, dashboard, or steering wheel. This movement and striking of objects inside the vehicle can cause other injuries to the head, chest and neck.

The most common types of injuries that happen in rear-end accidents include: whiplash and other neck injuries; head injuries; back injuries; traumatic brain injuries; thoracic injuries (from seat belts); and knee injuries.

Injuries can be even more severe when the front vehicle is at a complete stop while the rear vehicle is traveling at a high rate of speed. However, rear-end collisions at low speeds can still cause accidents because of the effects of the physical forces that are released.

Whenever someone is involved in a rear-end accident, it’s a good idea to get a medical examination to identify any injuries and receive appropriate treatment.

Who’s at fault in a rear-end accident?

Rear-end accidents often do not go to trial and are settled out of court because it’s clear that the driver of the trailing car was at fault. Insurance companies want to settle those types of claims quickly because they know that a jury verdict may be higher than the settlement. They also realize how much time, effort, and money is involved to get the case fully ready for trial.

While most rear-end accidents are the fault of the trailing driver, the assessment of error isn’t automatic. If the leading driver was negligent, such as driving under the influence or “brake checking” the vehicle behind them, they hold more responsibility for the crash. Contributory and comparative negligence laws may change who is primarily at fault for the accident, reducing or eliminating the recoverable damages for the lead driver.

In California, injured parties can pursue compensation from any at-fault party involved in the rear-end accident. That compensation is reduced by the percentage the driver is legally responsible for the crash and the circumstances leading up to it.

Insurance company offers

Insurance companies are well-versed in how much a rear-end accident is worth before they offer you an initial settlement figure. They know their initial offer is low — but they’re hoping you will jump at it.

Instead, talk to an attorney about a more realistic value of what your rear-end case might be before you agree to anything. You need to account for medical treatment you may need in the future, too.

It may take some time to learn how your accident will affect your life moving forward. Your doctors and your attorney need time to evaluate these aspects of your case to ensure that you receive the compensation you deserve.

When a family member passes away due to another party’s negligence or intentional actions, it can be devastating for those left behind. While nothing can bring a loved one back, seeking compensation for damages can have a profound positive effect on a family — both financially and emotionally.

The team of attorneys at Biegel Law Firm can help you seek compensation for the loss of your loved one. We can help you pursue a wrongful death claim against the negligent party to receive the restitution.

What is the meaning of ‘wrongful death’

The purpose of a wrongful death claim is to seek financial compensation for the loss of the deceased person, including damages such as lost wages, medical expenses, funeral expenses, and emotional pain and suffering.

If you’ve experienced the loss of a loved one due to the intentional or negligent actions of another, you may be able to seek justice on their behalf. Surviving family members or a legal representative of the deceased’s estate can file a wrongful death lawsuit in civil court.

Wrongful death lawsuits have strict legal guidelines that must be met to win your case. The deceased’s survivors will not be compensated for their loss without proving these elements. This is why it’s important to work with a California wrongful death law firm that understands the legal requirements of your case.

Four legal elements of proof

Wrongful death lawsuits can be hard to prove. These cases require you to prove four legal elements — negligence, breach of duty, causation and damages.

However, meeting the burden of proof for a civil court case can be easier than criminal cases. The highest burden of proof (guilt beyond a reasonable doubt) exists in criminal court cases only. Civil court cases don’t require as high a standard of proof, making claims easier to prove.

In civil cases such as wrongful death lawsuits, the burden of proof lies with the plaintiff, the person filing the claim. The plaintiff’s burden of proof for wrongful death cases is a preponderance of the evidence.

This means the plaintiff must offer evidence that shows their claims have more than a 50 percent chance of being true. If the evidence reveals that, then the plaintiff has met their burden of proof.

Damages from the loss of a loved one include economic damages that are easy to quantify, such as:

• Medical expenses
• Funeral and burial costs
• Bills from hospitalizations
• Loss of income and future earnings potential
• Investments and other financial support
• Gifts or benefits the plaintiff expected to receive from the deceased, such as child support payments
• Reasonable value of household services the deceased would have provided, including mowing the lawn and making repairs

Non-economic damages are not as easy to calculate because they deal with the emotional and mental loss of a loved one. Non-economic damages include:

• The loss of companionship, love, moral support, care, comfort, assistance, affection, or protection
• Loss of guidance and training from a loved one
• Loss of enjoyment from sexual intimacy
• The pain, suffering or disfigurement your loved one experienced before their death

Wrongful death statute of limitations

In California, eligible survivors have two years, starting from the time their loved one died, to file a wrongful death lawsuit. If a wrongful death claim has not been initiated within those two years, survivors of the deceased may lose their legal right to file a lawsuit.

A personal injury attorney from Biegel Law Firm can represent your interests as a surviving family member in a wrongful death claim. We will help you navigate the legal process, protect your rights, and provide valuable legal guidance and support.

Contact us today to schedule a free, confidential consultation.

Many people don’t readily associate concussions with traumatic brain injuries, because the injuries are usually not life-threatening. But make no mistake, a concussion is indeed traumatic, and the effects can be serious — and often delayed.

A concussion is caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth. This sudden movement can cause the brain to bounce around or twist in the skull, creating chemical changes in the brain and sometimes stretching and damaging brain cells.

Those familiar with traumatic brain injuries know that symptoms don’t always manifest immediately. This is why obtaining medical treatment right after an accident is paramount for your safety and well-being.

Symptoms of a concussion

If you have recently been in an accident and are wondering if you have a concussion, know that symptoms fall into four categories: cognitive, emotional, physical, and sleep-related. Here are some signs to be aware of:

• Feeling like the world is moving in slow motion
• Problems formulating coherent thoughts
• Issues with concentration, even for short intervals
• Blurred vision
• Headaches
• Nausea
• Dizziness
• Problems with balance
• Light sensitivity
• Noise sensitivity
• Irritability
• Prolonged sadness
• Loss of energy
• Excessive anxiety
• Insomnia
• Increased sleep

Some of these symptoms, such as increased sleep and insomnia, may seem contradictory. Further complicating matters is the fact that you could be suffering from just one of these symptoms or a combination of them. It is, therefore, important to undergo evaluation from an experienced medical provider.

If you have sustained a concussion, you will likely exhibit symptoms immediately. However, this isn’t always the case. Symptoms can manifest later as a delayed concussion. In fact, it often can take days or weeks for symptoms to develop. Always remember that it is best to undergo an evaluation from a qualified medical professional, preferably a neurologist, rather than self-diagnosing.

Delayed concussion symptoms are related to post-concussion syndrome, which is when concussion symptoms last longer than a month. Some people have reported post-concussion syndrome symptoms lasting for more than a year.

Re-injury following a concussion

Following a concussion, doctors often tell patients to rest and not be overly active. Research shows that the chances of incurring a second concussion following an initial incident are quite high. This is especially true if your brain has not fully recovered.

Since the symptoms of a delayed concussion are not immediately apparent, sustaining a second concussion on top of the first one could result in more severe damage. In addition to further damaging the brain and killing brain tissue, additional injuries can cause more severe symptoms — often debilitating and life-changing.

Proving damages to seek restitution

Unlike other types of injuries, such as broken bones, no definitive tests exist to exactly diagnose a concussion. Because there is no visible injury to the brain, this makes it difficult to diagnose through objective measures such as imaging tests such as CT scans or traditional MRI.

Most concussions are diagnosed based on symptoms, physical examination, and circumstances. If a positive diagnosis was never made, our lawyers use our medical experts to make the case that we can see in hindsight that a client suffered a concussion.

A concussion is one of the most common injuries frequently resulting from car accidents. If you have sustained a concussion following a car wreck caused by another driver’s negligence, you have the legal right to file a claim against that driver and seek compensation. While filing a lawsuit seems like a lot of work, obtaining the compensation you deserve can help you treat and adapt to your condition.

Give our team a call and arrange a free and confidential consultation to discuss your options. The Biegel Law Firm will represent your interests and help you see things in a different light.