Shafer, Grossman & Rupp, APLCShafer, Grossman & Rupp, APLC2024-02-29T17:03:19Zhttps://www.shafergrossmanandrupp.com/feed/atom/WordPress/wp-content/uploads/sites/1300410/2020/08/cropped-fav-icon-32x32.jpgOn Behalf of Shafer, Grossman & Rupp, APLChttps://www.shafergrossmanandrupp.com/?p=483512024-02-29T17:03:19Z2024-02-29T17:03:19ZSoft tissue injuries can be debilitating
People often use the term soft tissue injuries specifically to discuss whiplash. However, soft tissue injuries belong to their own category of injuries that also includes contusions, sprains, strains, stress fractures, bursitis and tendonitis. Injuries to someone's musculature or connective tissue can directly impact their ability to work or handle the responsibilities of daily life. Pain, issues with range of motion and other limitations from soft tissue injuries can keep someone from living their life like normal.
Soft tissue injuries can require hospitalization
Someone who has severe whiplash or other serious injuries to their joints or musculature following a car crash may require medical evaluation. Sometimes, the best course of treatment could include hospitalization. Doctors may need to observe someone or administer controlled substances as part of their treatment. In some cases, such as sprains that involve severe tearing, surgery may be necessary. Even outpatient treatment costs can quickly add up to thousands of dollars.
Soft tissue injuries may not resolve quickly
Contusions and minor injuries may heal in a few days. Sprains and strains may improve in a few weeks. Someone with whiplash might fully recover in a couple of weeks. Unfortunately, not all soft tissue injuries lead to full recoveries. More severe strains and sprains, such as tears in connective tissue, can cause scarring and long-term pain or functional limitations. Soft tissue injuries with long-term symptoms can cost quite a bit in overall medical expenses and might also affect someone's job performance and income.
People often seriously underestimate the financial impact a soft tissue injury can have on a crash survivor. To this end, having a realistic idea about the financial impact of crash-related injuries may help people handle the aftermath of a car crash more effectively.]]>On Behalf of Shafer, Grossman & Rupp, APLChttps://www.shafergrossmanandrupp.com/?p=483502024-02-01T03:07:27Z2024-02-01T03:07:27ZChapter 7 and Chapter 13.
Understanding what bankruptcy entails is critical for anyone who is interested in filing. This can give them the knowledge they need to make an informed decision.
Chapter 7 bankruptcy
Chapter 7 bankruptcy, often referred to as liquidation bankruptcy, is designed to discharge most of an individual's unsecured debts. Not everyone qualifies for Chapter 7. Eligibility is determined by a means test that considers income and expenses. For those low-income filers who qualify, Chapter 7 can provide a relatively quick resolution to overwhelming debt, typically concluding within three to six months.
Chapter 13 bankruptcy
Chapter 13 bankruptcy is more like a debt reorganization or repayment plan. It's suited for individuals with a regular income who can afford to pay back a portion of their debts over time. Under Chapter 13, debtors propose a repayment plan to make installments to creditors over three to five years. This type of bankruptcy allows individuals to keep their assets, including homes and cars, while they work through the repayment plan.
Automatic stay
One of the immediate benefits of filing for either Chapter 7 or Chapter 13 bankruptcy is the automatic stay. This legal provision halts most collection efforts by creditors, including calls, letters, wage garnishments, lawsuits, foreclosures and repossessions. The automatic stay is designed to temporarily relieve filers as they navigate the bankruptcy process.
Filer responsibilities
For both Chapter 7 and Chapter 13, debtors must complete credit counseling from an approved agency before filing. They must also provide comprehensive documentation of their income, debts, assets and expenses. In Chapter 13, adhering to the repayment plan is crucial for the bankruptcy's success.
Failure to meet these responsibilities can lead to the dismissal of a bankruptcy case or other legal consequences. Seeking legal guidance is crucial for all bankruptcy filers, given how complicated the process can be and how much is at stake.]]>On Behalf of Shafer, Grossman & Rupp, APLChttps://www.shafergrossmanandrupp.com/?p=483492024-01-02T12:57:56Z2024-01-02T12:57:56ZOther drivers
According to research into commercial crashes performed by the Federal Motor Carrier Safety Administration (FMCSA), people in smaller vehicles are responsible for just under half of the crashes that occur between passenger vehicles and commercial trucks. Many of these crashes occur because people travel in the blind spots around commercial trucks or cut them off in traffic. Drivers can reduce their risk by being more aware of their visibility and driving decisions around semi-trucks.
Commercial driver decisions
When looking at crashes where the commercial vehicle is at fault, one issue stands out as the most common. Drivers making the wrong decision while operating a commercial truck are responsible for 38% of the crashes caused by semi-trucks. After that, recognition errors or the failure to properly observe surroundings is the second leading issue contributing to crashes.
Vehicle issues
Environmental factors, like inclement weather, are to blame for a very small portion of collisions. One factor outside of a driver's control has a stronger association with commercial collisions. Specifically, issues with commercial vehicles are the underlying cause of approximately 10% of the crashes caused by semi-trucks. Commercial drivers often rely on their employers or third-party service providers to maintain their trucks and have very little control over that process.
Likewise, drivers in smaller vehicles have very little influence over most of these risk factors. They can improve their own safety habits and learn about what options they have if a commercial vehicle causes a crash. Learning about what contributes to crash risk may help people minimize their chances of being involved in a major collision.]]>On Behalf of Shafer, Grossman & Rupp, APLChttps://www.shafergrossmanandrupp.com/?p=483482023-11-29T15:51:41Z2023-11-29T15:51:41ZExempt assets
California has specific exemptions designed to protect certain assets during bankruptcy proceedings. Some key exempt assets in Chapter 7 bankruptcy in California include:
Homestead exemption: The homestead exemption protects a certain amount of equity in the debtor's primary residence. The exemption only applies if equity is below the allowable limit.
Personal property exemptions: Certain personal belongings such as clothing, household goods, furniture and some types of jewelry are exempt up to specified values.
Retirement accounts: Qualified retirement accounts, including 401(k)s, IRAs and pensions, are generally safeguarded from liquidation.
Tools of trade: Items necessary for work, such as tools, equipment, and books, are often exempt.
While these exemptions provide crucial protection for many assets, it's important to note that certain assets may not be covered and could be classified as non-exempt.
Non-exempt assets
Assets considered luxurious or non-essential, such as valuable collections, expensive jewelry beyond the exemption limit or second homes, may be subject to liquidation by the trustee of a Chapter 7 case.
Any significant amounts of cash, stocks, or bonds exceeding the exemption limits might be considered non-exempt and potentially sold to repay creditors. With that said, because Chapter 7 bankruptcy is only available to low-income filers, this is a very rare scenario indeed.
Navigating Chapter 7 bankruptcy requires careful consideration of exemptions, asset classification and legal intricacies. Seeking legal guidance accordingly is generally wise.]]>On Behalf of Shafer, Grossman & Rupp, APLChttps://www.shafergrossmanandrupp.com/?p=483392023-10-27T02:17:23Z2023-10-27T02:17:23ZEmployers may have vicarious liability
Technically, every motorist is responsible for their own decisions at the wheel. However, there are certain rules that may pass liability on to other parties, including employers. Vicarious liability is the legal term for a scenario in which a third party has some degree of culpability for a situation in which it did not play a direct role.
A car crash caused by a worker would potentially generate vicarious liability for the company that employs them. The legal term “respondeat superior” means “let the master answer,” and it refers to the general liability that employers have for the misconduct and negligence of their workers while on the job. Companies have to accept liability for what workers do on the job. They are responsible for shoddy workmanship that leads to a defective product even if an individual worker made a mistake.
In a car crash scenario, company insurance policies or business resources may be available to plaintiffs seeking compensation after a collision. It doesn't matter whether the person was in their own vehicle or a vehicle owned and maintained by the company. The rights of the people affected by a collision will depend in large part on whether the person at fault for the crash is on the clock or not.
Exploring the details surrounding a crash caused by someone driving for work may help people obtain rightful reimbursement for the expenses incurred because of a wreck in California. Seeking legal guidance if questions arise during this process is always an option.]]>On Behalf of Shafer, Grossman & Rupp, APLChttps://www.shafergrossmanandrupp.com/?p=483382023-09-27T13:09:40Z2023-09-27T13:09:40ZThey cause major medical expenses
A simple fracture is usually not very expensive to treat. Imaging tests, bone setting and a cast may only add up to a few thousand dollars in many cases. However, sometimes fractures are more severe and may require more expensive medical interventions. A compound fracture or a comminuted fracture could require surgery to treat, which would drastically increase the total medical expenses related to someone's broken bone.
They can cause someone to miss a lot of work
The worse the fracture is, the greater the impact it will have on someone's ability to do their job. If someone works in a physically-demanding profession, such as in a restaurant kitchen or a manufacturing facility, they may be unable to perform their typical job responsibilities until after they recover from their injury. They may require eight weeks or more of leave while their bone heals and even more than that if they need to undergo physical therapy to regain strength and range of motion to safely perform their job tasks.
They may lead to medical complications
Maybe someone had a compound fracture and then developed an infection that required their hospitalization halfway through their recovery. Maybe somebody doesn't respond well to the interventions applied for their fracture, such as having an allergic reaction to medications. Sometimes, broken bones end up being the underlying event that triggers some other, serious medical issue, like lasting nerve conditions.
Those dealing with a fracture after a car crash need to generally avoid rushing to settle their insurance claims or dismissing the option of a lawsuit until they have fully evaluated the medical consequences of their fracture and know the full financial impact of their injury. Recognizing why a broken bone can actually be very expensive can help people avoid mistakes that could leave them without the compensation they need (and deserve) after a car crash breaks a bone.]]>On Behalf of Shafer, Grossman & Rupp, APLChttps://www.shafergrossmanandrupp.com/?p=483372023-08-25T00:10:48Z2023-08-25T00:10:48ZTheir physical response to the crash
The body's stress response to extreme fear and physical trauma can keep people from identifying symptoms of an injury. During a crash, the brain floods the body with chemicals intended to help someone either fight off a predator or flee a dangerous situation. Those chemicals not only diminish cognitive ability to some degree, but they also cover up pain symptoms. People may not realize the extent of their injuries until hours later when the chemical response to the collision wears off, resulting in a surge of pain.
The possibility of stable injuries
Certain traumatic injuries might seem like they would be obvious after a wreck. People expect that they won't be able to use a limb with a broken bone or move their bodies at all when they have a spinal cord injury. However, both damage to the spinal cord and bone fractures can remain stable after the initial trauma. People may be able to continue moving until overexertion or some kind of secondary trauma worsens their injury. At that point, they may suddenly no longer be able to pick anything up with the broken arm or may seemingly spontaneously develop paralysis when a previously incomplete spinal cord injury worsens.
The delayed onset of symptoms
Certain kinds of internal injuries don't have major symptoms right away. Bleeding inside the body is a perfect example. Those with abdominal bleeding caused by blunt force trauma or seat belts may not realize there's anything wrong until they develop bruising, tenderness or dizziness because of blood loss. Internal bleeding within the skull could cause a worsening traumatic brain injury. Although someone may not notice anything other than a headache at first, the slow progression of the injury might lead to worse symptoms and completely new symptoms days after the crash.
Those involved in severe collisions often benefit from receiving medical attention even if they don't see immediate warning signs of major injuries. Understanding how people overlook crash injuries may help people better handle the consequences of a recent collision.]]>On Behalf of Shafer, Grossman & Rupp, APLChttps://www.shafergrossmanandrupp.com/?p=483362023-07-25T12:19:58Z2023-07-25T12:19:58ZThe at-fault driver is still responsible
Fleeing the scene of a collision does not automatically eliminate someone's responsibility toward the other people involved in the wreck. It simply adds another layer to the process of making a claim for compensation. The person who did not cause the crash will need to report the incident to the authorities. An investigation could potentially result in the identification of the other motorist. Then, it will be possible to make a claim against their liability insurance coverage for costs related to property damage and any bodily injury suffered in the crash. If they do not have insurance or have very low coverage, then a personal injury lawsuit against the at-fault motorist may be the best way to recover the costs generated by the crash.
If the police are unable to locate the other motorist, then the person not at fault for the crash will have few options. Often, the best solution may involve using their insurance coverage, if they have the right kind of protection. Uninsured motorist coverage is what will typically apply after a hit-and-run collision. Those without this supplemental form of coverage may find themselves unable to seek compensation following a crash for which they were not at fault.
Knowing the rules that apply after different types of wrecks may benefit those worried about the financial aftermath of a car crash in California. Seeking legal guidance as proactively as possible can be helpful as well.]]>On Behalf of Shafer, Grossman & Rupp, APLChttps://www.shafergrossmanandrupp.com/?p=483352023-06-19T15:19:05Z2023-06-19T15:19:05ZCalifornia does not. You can still recover damages in this state even if you’re 99% responsible for a crash.
How does this work in practice?
Imagine there is a car accident involving two drivers, Aaron and Ben. Aaron was rear-ended by Ben at a red light and both were injured and suffered property damage. It is determined that Aaron’s car had a broken taillight, which made it difficult for Ben to see that Aaron’s car had stopped. As a result, both parties share some level of responsibility for the accident.
During the investigation and legal proceedings when Aaron sues and Ben countersues, the court determines that Aaron's broken taillight contributed 10% to the accident, while Ben's failure to maintain a safe following distance contributed 90%.
If the total damages awarded in this case are $100,000 to each party, the court would reduce the damages by the percentage of fault assigned:
Aaron would be entitled to receive $90,000 ($100,000 - 10%).
Ben (or his insurer) would be responsible for paying Aaron $90,000, reflecting his 80% share of the fault for the car accident.
Ben would be entitled to receive $10,000 ($100,000 - 90%).
Aaron (or his insurer) would be responsible for paying Ben $10,000, reflecting his 10% share of the fault for the crash.
It’s easy to see why car wreck claims can get very complicated, very quickly. With that in mind, it’s wise to learn more about your options for pursuing fair compensation for your losses in the aftermath of a wreck. Seeking legal guidance is a good place to start.]]>On Behalf of Shafer, Grossman & Rupp, APLChttps://www.shafergrossmanandrupp.com/?p=483342023-05-22T10:26:31Z2023-05-22T10:26:31Zestimated 16.6% of California motorists drive without insurance. What happens to those who get hurt in a crash caused by one of those uninsured drivers?
A civil lawsuit may be necessary
If the person to blame for a crash does not have insurance coverage to offset their liability for the wreck, then the best, possibly only recourse available to the people affected by the collision will be a personal injury lawsuit or a wrongful death lawsuit if someone died in the crash.
Insurance coverage is technically personal protection against such lawsuits, and those who fail to follow the law and maintain a policy may end up compensating others either with their current assets or their future income. California law allows for litigation in scenarios where one party can show that the negligence or wrongful actions of another driver directly caused a wreck. Unlike insurance claims that may only offer small amounts of compensation, a personal injury lawsuit in California could provide full compensation for all of the verifiable expenses related to the collision, including lost wages, vehicle repair costs and hospital bills.
An uninsured motorist claim could cost a lot of money
Some drivers who are aware of how many California motorists don't maintain insurance will carry special coverage on their policies. Uninsured motorist coverage added to someone's liability policy could help cover crash costs. However, any sizable claim against an insurance policy, even if the person making the claim was not to blame for the wreck, will likely increase their premiums in the future. Therefore, such insurance is often only a last resort, as personal injury claims help compensate people without passing some of the expense to those who did not cause the crash.
Seeking legal guidance to learn more about the options available to someone after a crash caused by a driver without insurance may help that person defray the financial losses caused by the collision.
]]>