• Compensatory or “Actual”: These cover measurable economic losses as a result of injury, such as medical bills and property damage.
  
  

• General: These cover losses that cannot be objectively measured in terms of monetary value, such as loss of love and pain and suffering.
  
  

• Punitive: These are intended to punish the party responsible for the injury if found to have acted willfully or maliciously.
  
  

• Special: These are intended to compensate the out-of-pocket expenses of the injured party as a result of the injury. - top^

4. What is a “contingency fee?”

Most personal injury cases are handled on a “contingency” basis; that is, attorneys’ fees are not charged unless damages are recovered. At Howard Blau Law, we handle personal injury cases on this basis – you will pay no attorneys’ fees unless you are compensated for your losses. Other fees may apply to your case. These will be discussed in detail at your consultation with one of our qualified trial attorneys. - top^

5. What are the common causes of truck accidents?

There are many contributing factors and reasons why a truck accident occurs in the first place. These accidents are usually caused by a combination of a truck’s unique characteristics and performance capabilities (limits associated with acceleration, braking, and visibility) and car drivers' ignorance of these characteristics. However, some other causes of trucking accidents include:

• Lack of training on the part of the truck driver

• Overloaded trucks

• Oversized trucks

• Poorly maintained brakes on the trucks

• Driving in conditions of poor visibility due to smoke, fog, snow or rain

• Fatigued, sleepy or tired driver, driving for too many hours without rest

• Speeding over the limit, or driving at speeds beyond what road and weather conditions permit

• Running off the road

• Failure to yield the right of way

• Aggressive driving behavior

• Truck drivers under the influence of drugs and/or alcohol while driving

• Driving the truck in bad weather conditions

• Dangerous or reckless truck driver with a long record of wrecks and accidents

• Unsafe safety systems, reflectors, lights and other warning devices

• Failure of the truck to have an under-ride protection guard - top^
  

6. What steps do attorneys take following a truck or bus accident?

Your attorney needs to aggressively pursue and secure all relevant information regarding the accident. This might include some or all of the following:

• Collect and preserve all evidence

• Obtain police and other agency reports

• Obtain witness reports

• Acquire coroner reports

• Obtain the black box data if the truck was equipped with an ECM (Electronic Control Module)

• Obtain the subject vehicle's black box data if it was equipped with an EDR (Event Data Recorder) or SDM (Sensing and Diagnostic Module)

• Acquire the truck's GPS (Global Positioning System) data

• Learn about the motor carrier and its licenses, insurance, safety record, etc.

• Get the full background and history on the driver

• Secure an accident reconstruction expert

• Send a “demand” letter, either to the other person (or his attorney) or to the other person’s insurance company. - top^

7. How soon following my injury should I contact an attorney?

The right to seek damages following a personal injury is governed by a time limit known as a statute of limitations. If the personal injury victim fails to take legal action against the negligent party during this time limit, he or she forfeits the right to seek damages in the future. The statute of limitations depends on the type of accident and injury, and varies from state to state. This is why it is best to contact an attorney as soon as possible following an injury accident. Even if you decide not to pursue legal action, an attorney can help you to understand your rights and how best to preserve them. - top^

8. If I file a personal injury claim, will I have to appear in court?

Not all personal injury litigation results in a jury trial. In fact, many cases are settled out of court before commencement of trial. However, it is best to entrust your case to a law firm that has extensive experience and success in taking cases to trial. Howard Blau Law has this experience and success. We are willing and ready to pursue a case to verdict if it is in the best interests of our clients. - top^

9. What is a "settlement?"

A settlement is an agreement on damages reached between the injured party and the party responsible for the injury outside of court. While most attorneys will work toward fair and just settlements on behalf of their clients, be wary of any law firm that focuses solely on reaching a settlement. At Howard Blau Law, we will never encourage you to accept a settlement simply to avoid a trial. We have successfully tried many cases to verdict and are always prepared to pursue justice in court whenever necessary. - top^

10. What is a “deposition?”

A “deposition” is the legal term for testimony given under oath by parties and witnesses to an accident or crime. This testimony is given in response to questions presented by the attorneys representing the parties involved in an action and is collected and recorded by an officer of the court. If a case proceeds to trial, depositions may be entered into evidence for any number of reasons, including the impeachment of testimony presented during the trial. - top^

11. What is a "tort?"

A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as opposed to criminal ones. It is often used synonymously for injury law. - top^

12. What is a "statute of limitations?"

All personal injury claims are subject to a statute of limits that varies depending on laws of the state where you live. A statute of limitations limits the amount of time a victim has to file a personal injury lawsuit. In many states, the time limit begins immediately after the injury occurs. However, there are exceptions to the statute. Contact a personal injury attorney to find out the laws in your state. - top^

13. If I am partly at fault for my injury accident, can I still recover damages?

In the state of California, it is possible to recover damages even if it is determined that the injured victim is partially at fault under the doctrine of comparative negligence. Comparative negligence means that total damages will be reduced by the amount that the injured party is found to have been at fault. Therefore, if a court determines that the injury victim was 35% at-fault for the accident, the damages awarded would be 35% less than the total losses incurred. - top^

14. What is a “mediation?”

When parties, such as persons involved in an accident, cannot arrive at a mutually satisfactory resolution to a disagreement, a third party is often brought in to mediate. The process of mediation can help these parties come to a fair and just agreement without the need to proceed with litigation or go to trial. - top^