GRISMER LAW

What To Do If You Are Involved in an Auto Accident

Over one thousand auto accidents happen every day in California. Whether you are involved
auto v. auto, auto v. pedestrian, truck v. auto, motorcycle accident, or a hit and run you need to be
prepared and know what to do in the moment. Right after an auto accident you may be in pain,
scared, angry, or confused and forget about what you should do. While each accident is unique,
we at Grismer Law want to prepare you to ensure you make a full recovery. Here are the steps
you can take in the moment, and after:

1. Check for Injuries
Immediately after the accident, check yourself, your passengers, and others involved to
determine if there are any injuries. If you or anyone else are injured, immediately call 911 or ask
someone else to if you are unable to. If seriously injured, try not to move and wait for emergency
personnel.

2. Move to Safety
If you are able, move your vehicle or yourself to a safe area to avoid blocking traffic or risking
further collisions. If your vehicle is not drivable, turn on the hazard lights, leave the vehicle
where it is, and get yourself to the side of the road, shoulder, or sidewalk.

3. Call 911
Regardless of if the accident is minor or major, you should contact law enforcement to document
the accident with a police report. Law enforcement will help you gather information, obtain
statements, document the scene, and create an accident report. If the police are unable to come to
the scene, you can go to a local police station or CHP field office to complete a report yourself.
Both insurance companies may ask for a copy of the report to assist with the claims process.

4. Document the Accident
Even if law enforcement documents the accident, you should also gather as much information as
possible. Obtain the following information from all drivers and witnesses involved: names,
addresses, driver’s license numbers, license plate numbers, and insurance information. Take
pictures of the scene, vehicles involved, traffic control systems, conditions on the day of the
accident, and any injuries sustained.

5. Do Not Discuss Who Is At Fault
We recommend that you avoid discussing fault when giving statements to law enforcement or to
the other parties. Most importantly, don’t admit fault! Even if you believe you may be at fault for
the accident, there may be other factors you may not be aware of such as certain vehicle codes or
regulations that may apply and change the outcome.

6. Get Medical Help
Your number one priority should always be your or your loved one’s health. Not only in this an
important step in building your case, but it is critical for your overall safety and recovery. The
unfortunate truth is that insurance companies do not believe that you are injured unless your
injuries are well documented, i.e. emergency room or treating physician records in proximity to
the accident. Visiting a doctor immediately after your accident is the most important thing you
can do to create a strong record of your injuries.

You also may not know the full extent of your injuries, especially if you sustained a head injury.
Moreover, it is common for injuries to be hidden because of your body’s natural defense
mechanism of releasing adrenaline. Seeking the proper medical care can make sure all of your
injuries are accounted for and documented which is essential to your case. Ultimately, if you wait
to seek medical treatment the insurance company will dismiss your injuries and argue that they
are unrelated to the accident.

7. Contact Grismer Law
The insurance company is not your friend, and they are not on your side. Even your own
insurance company doesn’t have your best interest in mind. They may act concerned for your
injuries, and assure you that they are going to compensate you for your losses. However, despite
their illusions of assistance, their ultimate goal is to pay you as little as possible to increase their
company’s profits.

At Grismer Law, not only are we on your side, but we have the resources and experience to win
your case. Our team will be with be with you from start to finish, including contacting the
insurance company, filing the necessary claims, all the negotiations and legal paperwork, and
trial if necessary. We will also track your treatment and assist you in getting the medical
treatment you need.

Call us today for a free zero obligation case review. And remember, we take your case on a
contingency fee basis which means we don’t get paid unless you get paid.

What To Do If You Have A Slip And Fall Accident

Life happens, and so do life’s unexpected events. Slip and Fall accident are one of those
unexpected events. Most people after a slip and fall accident are in pain, scared, embarrassed,
confused, and may not know what to do in the moment. As a result, critical things may get
overlooked that may help you make a full recovery not only health wise, but financially.

Premise Liability involving slip/trip and fall accidents are a type of action against the owner of
property, including buildings, homes, parking lots, public property, or sidewalks. Landowners
have a duty to ensure that their property is safe. If you are seriously hurt after slipping, tripping,
and falling on someone else’s property because the owner failed to keep their property safe, you
could be entitled to compensation for your medical expenses, lost wages, and the pain you
endured as a result of the accident.

We at Grismer Law want to help you plan for the unexpected so that when the time comes, we
can put you in the best position to help you make a full recovery. Here are the steps you should
take during and after a slip and fall accident occurs:

1. Get Medical Help
Your number one priority should always be your or your loved one’s health. Not only is this an
important step in building your case, but it is critical for your overall safety and recovery. The
unfortunate truth is that insurance companies do not believe that you are injured unless your
injuries are well documented, i.e. emergency room or treating physician records in proximity to
the accident. Visiting a doctor immediately after your accident is the most important thing you
can do to create a strong record of your injuries.

You also may not know the full extent of your injuries, especially if you have sustained a head
injury. Moreover, it is common for injuries to be hidden because of your body’s natural defense
mechanism of releasing adrenaline. Seeking the immediate proper medical care can make sure all
your injuries are accounted for and documented which is essential to your case. Ultimately, if
you wait to seek medical treatment the insurance company will dismiss your injuries and argue
that they are unrelated to the accident.

2. Inspect and Document the Scene
If you are physically able to, the best time to collect evidence related to the accident is right after
it occurs. Try to identify the cause of your fall such as liquid (water, milk, etc.) or debris on the
floor, unattended tripping hazards, or building defects. Moreover, make note of any signage in
the area such as “wet floor” signs or the lack thereof. If not documented at the time of the
accident it may be hard to recreate what exactly happened, which may present certain defenses
for the insurance company. Also, you should store your shoes and clothing you were wearing at
the time of the accident as they may become important pieces of evidence later.

3. Take Pictures
It is very important to document the scene and your injuries with photographs. Take pictures of
the floor and the surrounding area – take pictures of everything.

Pictures can help us determine the possible cause of the accident as well as place a jury at the
scene when trial comes. Jurors expect every case to involve CSI level television. Testimony can
help set the scene, but photographs can help them visualize the scene and prove that your
recollection is accurate.

4. Get Information for Witnesses
Another important aspect of documenting a scene is to identify and collect possible witness
information. Collect each potential witness’s name, address, phone number, and email. While
they may not have time to give a thorough statement immediately, their statements later can help
support your recollection of the accident.

5. Report the Accident
Making an official written report with the store manager, owner, or landlord is critical. Not only
does it establish that the accident happened, which often is disputed, but it helps establish an
accurate report of the accident for the premises to investigate.

When making a written report of the accident, do not embellish the accident or your injuries.
Include all important information regarding incident and the pain you are experiencing at that
time. Make sure you get a copy of the report for your records.

If an insurance company reaches out to you for a recorded statement, respectfully decline until
you have a chance to talk to your attorney. Do not post the details of the accident, your injuries,
or your treatment on social media.

6. Contact Grismer Law
The insurance company is not your friend, and they are not on your side. They may act
concerned for your injuries and assure you that they are going to compensate you for your losses.
However, despite their illusions of assistance, their ultimate goal is to pay you as little as
possible to increase their company’s profits.

At Grismer Law, not only are we on your side, but we have the resources and experience to win
your case. Our team will be with be with you from start to finish, including all the negotiations,
legal paperwork, and trial if necessary. We will also track your treatment and assist you in
getting the medical treatment you need.

Call us today for a free, zero obligation case review, and remember, we take your case on a
contingency fee basis which means we don’t get paid unless you get paid.

UNinsured or UNDERinsured Coverage

One of the most overlooked portions of automobile insurance coverage, and most important in California is Uninsured/underinsured motorist insurance, also referred to as UM and UIM
coverage. UM and UIM coverage are designed to cover your injuries, your passengers’ injuries, and damage to your vehicle in the event you the at-fault driver does not have insurance, or if they do not have enough insurance.

Although every driver in the State of California is required to have a minimum auto insurance policy, there are many drivers on the roads who do not carry insurance. In 2019, California approximately 16.6% of bodily injury claims involved uninsured motorists according to the https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists. That means that the victim in 16.6% of all accidents involving an injury had no insurance available, unless they had UM and UIM coverage. Given there are approximately 27 million drivers in California, that averages to almost 4.5 million drivers on the road, who do not have any insurance.

Most other drivers elect to have the minimum liability coverage permitted in California, usually
because this policy has the lowest monthly premium, which is $15,000.00 per person and up to
$30,000.00 per occurrence. Under this insurance policy, the most you can recover from the at fault driver would be $15,000.00, regardless of the extent of your injuries. Unless the at fault driver has additional insurance or assets, you could be left without a full recovery, necessitating you to pay expensive medical bills and other financial obligations out of pocket as a result of the
other driver’s negligence.

This is where your insurance coverage can end up being your guardian angel. If you have elected for UM and UIM coverage, you would have the ability to seek full recovery of your damages from your own insurance for medical expenses, property damage, lost wages, physical and
emotional pain and suffering, and overall loss of quality of life.

UM and UIM coverage can also be used in bicycle accidents, vehicle versus pedestrians, and even hit-and-run accidents, so if the at-fault party flees the accident scene, you can submit a claim directly to your insurance company seeking recovery.

Your entitled to the same coverage to protect you if you are at fault for a UM and UIM policy. Meaning, if you have liability coverage of $100,000.00, you are entitled to get $100,000.00 UM and UIM coverage.

We understand that being in a car accident can by scary, stressful, and frustrating. Moreso if the
at fault driver is uninsured or does not have enough insurance to cover your losses. If you were
involved in an automobile accident, or any type of accident we at Grismer Law are here to help.
Your consultation is free, and you will never be charged attorney fees unless you receive compensation.

California Personal Injury Statute of Limitations

Understanding the California personal injury statute of limitations is necessary if you have been injured in the state. This law puts a time limit on how long you can wait before filing your lawsuit and is an important part of protecting your legal rights. Find out more about what the statute of limitations is and how it applies to your situation here.

What Is the Statute of Limitations for Personal Injury Cases in California?

The statute of limitations for personal injury cases in California is two years from the date of the injury. This means that if you have been injured and want to bring a claim, you must file it within two years of the incident occurring in order for it to be considered valid in a court of law. If you fail to do so, your lawsuit will likely be dismissed. 

One important thing to keep in mind is that there are exceptions to the California statute of limitations. For example, if the injury was caused by a product defect, the victim has three years to file a claim. That said, it’s still best to file as soon as possible in order to avoid any potential complications or delays. Additionally, it is important for victims to fully understand their rights and remedies under the law before taking any action. Consulting with an experienced personal injury attorney is often recommended in order to maximize one’s chances of obtaining full compensation for their losses.

Time is limited. Don't wait too long to file.

Personal Injury California statute of limitations

How Do the Statutes of Limitations Differ Depending on the Type of Injury?

The statute of limitations varies depending on the type of injury and whether or not it was intentional or accidental. For example, if you are injured in an automobile accident that is not your fault, the two-year statute of limitations applies. However, if the injury is caused by a medical professional’s negligence, the statute of limitations may be extended to three years. In cases of intentional harm, such as assault and battery, there is no expiration date for filing a complaint. Therefore, it is important to consult with an attorney about your specific situation so that you know when you may have time left to file a lawsuit. We can help with is.

What Are the Consequences For Failing to File a Claim Before the Statute of Limitations Expires?

The most significant consequence of failing to file a personal injury claim before the statute of limitations expires is that you may be permanently barred from recovering any damages. This means that any medical expenses, lost wages, or other costs associated with your injury will not be recoverable from the person or entity responsible for causing your injuries. In addition, you may be unable to seek punitive and exemplary damages if you fail to file a claim within the appropriate time frame. Given these consequences, it is important to contact an experienced personal injury attorney as soon as possible after an accident or incident leading to injury occurs.

Could an Extension Be Granted on a Case-by-Case Basis?

In certain circumstances, the court may grant an extension of the statute of limitations for filing a personal injury lawsuit in California. These extensions are granted on a case-by-case basis and typically involve situations in which there was a reasonable cause for failing to file a claim within the original time frame. For example, if an individual is incapacitated and unable to act on their own behalf, they may receive an extension or additional time after they recover to file a claim. It’s important to note that every situation is unique, so it is vital to consult an experienced personal injury attorney who can assess your specific case to determine whether you may qualify for any extensions or exceptions.

How Can I Get Legal Help if My Case Falls Within the Time Limit?

If you have been injured as a result of someone else’s negligence or intentional misconduct and believe that you have a valid claim, the best way to protect your rights is to seek the advice of an experienced personal injury lawyer. We can make sure that your legal claim is filed properly and on time so that you can receive the compensation rights you are entitled to.