Archive for August, 2009

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How to Pursue an Auto Property Damage Claim

Thursday, August 27th, 2009

A recent article published in the Paradise Post about an automobile accident that resulted in injuries for an 11-year-old boy illustrates how an auto accident can turn a beautiful California day into an ordeal. If you are involved in a car accident caused by another driver, even a fender-bender without physical injuries, you may be entitled to compensation for the damage to your vehicle.

Generally, the at-fault driver’s insurance company is reluctant to part with any more than the absolute minimum amount of money and in such cases, an accident victim may have no choice but to pursue an auto damage claim. Here are some steps on how to pursue an auto damage claim:

  • Don’t waste time. There are statutes of limitations for filing auto property damage claims so if you want to file a claim, do not delay. If you wait too long, your claim may no longer be valid.

  • File a claim in small claims court. If you’re seeking a claim of $7,500 or less, you may file an auto damage claim in small claims court. If you go this route, a lawyer cannot represent you, but you can consult with one beforehand.

  • If the claim for more than $7500 have your auto property damage lawyer represent you. If your claim exceeds $7500 (and many do), it is generally recommended that you have an experienced California auto property damage lawyer file a claim on your behalf.

If you have been involved in an auto accident and sustained vehicle damage, you may want to contact the California Personal Injury Attorneys at Law Offices of Samer Habbas and schedule a free consultation to learn more about your options regarding an auto property damage claim.

How to Pursue a Municipal Claim

Tuesday, August 25th, 2009

An article about a city bus accident that was published in the Metropolitan News-Enterprise discusses the case of an elderly woman who was struck and injured by a Los Angeles County Metropolitan Transportation Authority bus. In cases where someone has been injured or killed in an accident caused by someone working for a local, city or county agency, they may wish to pursue a municipal claim to offset the expenses of recovery, pain and suffering, damages and other associated costs. Here is some information on how to pursue a municipal claim:

  • Don’t delay. Under California’s Tort Claims Act, a municipal claim for money or damages must be filed within six months of the date of an occurrence.

  • Obtain a claim form. Anyone wishing to file a claim form can either download the form from the website of the city or county; pick up the form at the office of the city or county attorney or by calling the office and requesting that a form be mailed.

  • Wait for confirmation. Once the claim is filed, a confirmation letter will be sent from the municipal office that provides the claim number and contact information of the investigator assigned to the case. Under California law, an agency has 45 days to investigate a claim. Once the investigator has determined the outcome of the claim, the claimant is notified of the decision.

  • If your claim is denied, contact an experienced California municipal claims attorney. If the claim is denied, there is a six-month period from the date of the denial to file an appeal. However, due to the complexity of municipal claims, it is generally recommended to have the counsel and assistance of an experienced municipal claim lawyer.

If you believe that you have a valid municipal claim, contact the Law Offices of Samer Habbas. Mr. Habbas has years of personal injury experience, including municipal claims and he will guide you through the legal process so that you can recover maximum compensation for your injuries.

How and When to Pursue a Legal Malpractice Claim

Thursday, August 20th, 2009

A recent article in the Southeast Texas Record concerning a legal malpractice claim tells the story of a fellow who consulted with a lawyer after being hit by another motorist. The man claims that his attorney failed to file a lawsuit on his behalf and purposely neglected to inform him of a limit on policy settlements. People who seek the counsel of an attorney expect professional and ethical services. However, when there is a breach in the standard of service, there may be no other choice but to pursue a legal malpractice claim.

Practicing law is an exceptionally complex and difficult profession. Like any professional service, mistakes are occasionally made. However, when a lawyer’s conduct or incompetence has caused damage to a client’s case or led to a client losing a case, there may be grounds to pursue a legal malpractice claim. Anyone wishing to file a legal malpractice claim should remember that California’s statute of limitations for a legal malpractice case is one year from the date of two events:

  • The date that the client knows or should have known that the attorney was negligent, and
  • The client suffered damage.

In a legal malpractice case, not only is it necessary to prove that an attorney was negligent, it must also be proven that the outcome of a case would have been different if a lawyer had not been negligent in their professional and ethical responsibilities. As you might guess, a legal malpractice claim is a serious blow to the credibility of a lawyer and a lawyer accused of legal malpractice will work very hard to undermine the credibility of the case against him or her.

If you believe that you are the victim of legal malpractice, this is a very serious matter and you should contact the experienced California legal malpractice lawyers at the Law Offices of Samer Habbas for a free consultation. At Attorney Habbas’ office, rest assured that you will always receive the highest professional and ethical consideration.

What to Do if Someone is Killed in a Car Accident

Tuesday, August 18th, 2009

A KSBY.com report about a single-car accident that claimed the life of a man illustrates how a car accident can occur anywhere at any time. A car accident can change the course of a life in an instant and the ensuing chaos and disorientation can make it very, very difficult to think clearly and know the right steps to take in the aftermath. Here are some steps to take when someone is killed in a car accident:

  • Check yourself for injuries. Before you can assist anyone else, make sure that you have not suffered any injuries in the accident. After a self-assessment to ensure that you’re all right, see if you can assist others involved in the accident. If your vehicle or parts of your vehicle are on the roadway and present a hazard to others, remove them if possible.

  • Call 911. Call 911 as soon as possible so that trained emergency response personnel can come to the scene of the accident.

  • Allow emergency response personnel to help you. You may think that you’re all right, but follow the instructions of police, EMTs and firefighters responding to the accident.

  • Do not admit guilt. Whether or not you feel that you caused the accident, let the people investigating the accident determine who was at fault.

  • Exchange accident information. If you’re able, take the names, contact and insurance information from anyone who was involved in the accident.

If you or someone you care for has been injured or killed in a car accident, contact the experienced Los Angeles, California car accident attorneys at the Law Offices of Samer Habbas.

What is Comprehensive Auto Insurance?

Monday, August 17th, 2009

A recent car accident on the Los Angeles freeway that resulted in seven people being injured was described in this Silicon Valley Mercury news article. It illustrates the importance of having auto insurance. California law requires drivers to carry liability insurance. However, there are many different types of auto insurance available and one of the least understood is comprehensive auto insurance. Many people who visit California car accident lawyer Samer Habbas for a consultation have questions about insurance coverage. Here is a brief description of what comprehensive auto insurance is:

Bear in mind that the type of coverage provided by a comprehensive car insurance policy varies somewhat from one insurance company to another. It is also dependent upon the amount of money a driver spends on their individual policy. Generally speaking, comprehensive auto insurance covers:

  • Fire
  • Vandalism
  • Auto theft
  • Natural disasters
  • Accidents determined to be “Acts of God,” such as a tree falling on your car, etc.

What many drivers fail to realize is that comprehensive vehicle insurance does not cover damage caused in a car accident. That type of damage is covered by collision insurance. It is recommended that you carry both types of insurance. The amount of your out-of-pocket expense in a claim is dependent upon on the size of the deductible on the policy.

If you have been in a car accident and have questions about your insurance coverage that your insurance or claims agent did not answer satisfactorily, contact the auto accident attorneys at the Law Offices of Samer Habbas. Our professionals will review your insurance policy and explain your coverages, rights and responsibilities under the policy in a manner that is easy for you to understand.

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